05-26-1998 Council Minutes - Laserfiche WebLink

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ORONO CITY COUNCIL MEETING MINUTES FOR MAY 26, 1998 ( #21) Woodhill Golf Course Alternate Access - continued Malkerson responded to comments made by Ackman. He stated that he had 25 years of specializing in municipal and zoning laws, and he had never been accused of being selective in his choice of legal arguments. Jabbour expressed his concern for the #1 issue of public safety. He would not yield zoning to public safety, nor would he count petitions or votes, or who could get hurt, when making a decision. There is nothing in Orono's ordinances that would allow the City to require reforestation. He believes that opening the Woodhill access would not alleviate the problem, just shift it, and that it would not actually result in a safer environment for either the Club members or the neighbors. He stated he was committed to finding a better solution. He understood that once a non - confirming use was abandoned for 1 year or more, the use could not be reinstated. He was concerned that the temporary opening could become permanent. He also suggested slowing traffic on County Road 15 and policing during peak hours as possible solutions. Peterson reiterated that it was not an easy decision as to whether or not Woodhill Club members would be allowed to access off of Woodhill Avenue. Safety is a major issue for her as well. The entire strip of County Road 15 is a safety issue for the 20,000 cars each day as well as the members of the Country Club. She questioned if opening Woodhill Avenue as a temporary • access would solve the problem. She thought the City may be able to work with the County on the barricades to improve visibility. She stated she would not support the Woodhill Country Club in their decision to open the Woodhill Avenue access. Flint thanked the Woodhill Country Club for not filling the Council Chamber with Woodhill supporters. He complimented both the Woodhill group and the residents on their presentations. He agreed that access to County Road 15 is a difficult issue. He would be willing to have City staff work with Hennepin County to provide a safer ingress and egress both at Woodhill Road and Orono Orchard Road. He would also favor opening access to Woodhill Avenue from 4:30 p.m. - 6:30 p.m. on Tuesday thru Friday, if it did not prejudice the City's legal position. Jabbour asked the Country Club if there was any benefit in limiting the hours. Dayton thought there would be since rush hour is the worst time. Barrett stated the City has both the inherent authority and right to make a decision regarding the access. As a legal issue, he would suggest signing an agreement with the Club if the City decided to proceed with Flint's suggestion, stating that the Club agrees not to assert that the opening of the road on a temporary basis creates the legal right to access. 22 0