HomeMy WebLinkAbout05-11-1999 Public Hearing - Woodhill CCAGENDA FOR SPECIAL COUNCIL MEETING SET FOR TUESDAY, MAY 11,1999,7:00 P.M.
ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA
(*) Asterisk items are considered to be routine items to be enacted upon by one motion by the City Council
under the Consent Item* on the agenda. Memos regarding each of the Agenda items are available in the
Public Packet - located on the counter near the sign in sheet.
ROLL CALL
CONSENT AGENDA
1.Approve/Amend
ZONING ADMINISTRATOR’S REPORT
2.#2484 Woodhill Countiy' Club, 200 Woodhill Road - Conditional Use Permit
a.Presentation by Staff
b.Council Questions of Staff
c.Presentation by Applicants
d.Council Questions of Applicant I
e.Open Public Hearing
i)Public Questions
Public Comments
f.Close Public Hearing
g.Council Deliberation
CITY ADMINISTRATOR'S REPORT
Declaration of Excess/Surplus Property
ADJOURNMENT
We, the undersigned, residents of Orono, urge the Orono City Council
to deny the application for a Conditional Use Permit filed by VVi'odhill
Country Club, which seeks to open a driveway leading from the Country
Club through a residential neighborhood. (This application is scheduled
to be heard on May 11 at 7 p.m..) Woodhill Country Club is a private
social club that sells alcohol. The club hosts its members as well as
numerous invited guests attending social and sporting events. Opening
this driveway will dramatically inci^ase traffic and increase traffic
danger, on surrounding streets, particularly Woodhill Avenue, Orono
Orc.hard Road and Watertown Road. It would change the guiet,
residential nature of these surrounding streets and would set a
dangerous precedent for the disposition of future, similar requests by
developers and private clubs and businesses.
PLEASE PROTECT OUR 5TRE6TS-FOR NOV>/ AND FOR THE FUTURE
NAME ADDRESS
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Wc, the undersigned, residents of Orono, urge the Orono City Council
to deny the application for a Conditional Use Permit filed by Woodhill
Country Club, which seeks to open a driveway leading from the Country
Club through o residential neighborhood. (This application is scheduled
to be heard on May 11 at 7 p.m..) Woodhill Country Club is a private
social club that sells alcohol. The club hosts its members as welt os
numerous invited guests attending social and sporting events. Opening
this driveway will dramatically increase traffic and increase traffic
donger, on surrounding streets, particularly Woodhill Avenue, Orono
Orchard Road and Watertown Road. It would change the quiet,
residential nature of these surrounding streets and would set a
dangerous precedent for the disposition of future, similar requests by
developers and private clubs and businesses.
PLEASE PROTECT OUR STREETS-FOR NOW AND FOR THE FUTURE
NAME ADDRESS
1^^ qL Cl ( , ^4-^
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William W. and Nadine McGuire
315 Woodhill Road
Wayzata, Minnesota 55391
May 6.1999
Mr. Michael P. Gaffron
Senior Planning Coordinator
City of Orono
2750 Kelley Parkway
P. O. Box 66
Crystal Bay, MN 55323
Re: Application #2484
Woodhill country Club
Conditional Use Permit
Dear Mr. Gaffron:
We are the owners and full time residents of 315 Woodhill Road. We are not members
of Woodhill Country Club or in any way related to a member of the Club, nor do we have
financial interests witli the Club. Our property is one lot (to the south) of Woodhill
Avenue. As such, we are familiar with existing traffic patterns in the area and the use of
Woodhill Avenue. It is our firm belief that the use of Woodhill Avenue as proposed by
the Woodhili Country Club will help rationalize traffic flow relative to highway 15 and
provide positive safety gains. Furthermore, we believe that this can be done without
significant detriment to our property and/or others that are adjacent to Woodhill Avenue.
We therefore fully support the use of Woodhill Avenue as proposed by Woodhill Country
Club, as well as full time use if so desired.
Respectfully,
William W. McGuire. M.D.Nadine M. McGuire
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Mr -JEAPOUS. MuwESOTa 55402-2205 BQO 1 7th Street. SU»te 1500
'•'EL2LPHONE 012-37143211 OCNNieP. COICRAOO 00202-5441
FAX. 6l2-37l4i207 TelEPhon G: 30«7«900
ATTOi.N'JVS A I* LAW
J^mes P. McCarthy
(612)371-3238
jmccirthy@iindqu:$tCOm
May II. 1999
The Honorable Mayor Gabriel Jabbour
Members of the Orono City Council
2750 Kelley Parkway
Orono, MN
R£: No. 2484:Woodhill Country Club
Application for Amendment to 1968 Conditional Use Permit
Dear Mayor Jabbour and Mcmbcn; of the City Council:
Because of the volume of materials on this issue. I want to put the remarks I will make at
the May 11, 1999 Orono City Council meeting in writing in advance of the meeting. This letter
and my remarks respond to the City Staff Report on Woodhill’s application, the City Engineer’s
Report on County Road 15. the letter of Mr. Malkerson who represents four neighbors, together
with a report of his tralTic engineer James Benshoff and four letters from neighbors. The volume
of materials submitted requires an extended response.
I. The City Engineer's County Road 15 Study Establishes the
Need for the Woodhill Avenue Access
The recently completed and adopted “Traffic Management Study” by the City’s
engineering firm, Bonestro Rosene Anderlik & Associates, amply establishes the dangerous
traffic safety problem faced by Woodhill Club members, Orono citizens, and the general public
on Highway 15 in front of Woodhill Country Club and Orono Orchard Road. County Road 15 is
the City of Orono’s most Important traffic safety problem. The average daily traffic in June 1998
was 22.2.tR automobiles and Hennepin County estimates volumes will increase to 27,000 near
Orono Orchard Road in future years. The City Engineer concluded as follows:
“The conclusion of this analysis, given the daily volumes along the
roadway, is that the facility (County Road 151 is operating^in a.
congested mode today.”
(page 11)
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The City Engineer observed that the County Road 15 corridor “is in need of additional
capacity” but it is understood that it “will not be considered for widening to four lanes due to its
character as a scenic parkway.” As to the Woodhill Road exit serving eleven residential homes
and Woodhill Golf Course, the City Engineer found that “during peak traffic hours access
tp/from these roadways can become quite hazardous in that [lack ot] gaps in the traffic along
eSAH 15 make it difficult to exit these roadways.” The City Engineer concluded that;
“Access to (Woodhill Country Club) would be vastly improved with...
the provision of a connection from Orono Orchard Poad to the
golf course and residential area.”
(pages 17-18)
Of the four altcm.atives discussed by the City Engineer, three require extensive
condemnation of private homes and property by the city, consequent displacement of many
families and harm to those not displaced, and face other environmental and traffic engineering
difficulties. Ihe fourth alternative, reopening the century-old route along Woodhill Avenue, is
immediate and witliout any cost to Uie city. Indeed, of all of the proposals discussed in the City
Engineer’s report relating to the improvement of traffic conditions along County Road 15, the
restoration of vehicular access from Woodhill Country Club to Woodhill Avenue is the easiest,
fastest, and least expensive to implement.
II. Staff Report Does Not Raise Any Material Objections to Restored Vehicle Access
The planning department staff report prepared by Michael Gaffron identifies no problems
with the application that cannot be easily solved in the implementation of the access. The stall
report does not dispute thai Woodhill Avenue has the roadway capacity to carry the traffic from
Woodhill Country Club. It concludes that all neighborhood impacts such as dust, noise, odors,
lights, visual impacts, and security can be adequately addressed. Drainage is satisfactory.
The staff would appear to prefer that the easterly 75 feet of V*'oodhill Avenue be paved in
asphalt rather than its current gravel condition. The neighbors appear to want the road left
gravel. Woodhill Country Club believes that the gravel surface is preferable, but would be
willing to bear the cost of asphalt paving.
The staff report identifies no traffic safety concerns. It concludes that the paving and
width of the street is not “a limiting factor for the level of traffic currently proposed by
Woodhill.” The city engineer has identified that a very shon portion of the 100-ycar old
driveway on the Woodhill property has a t lightly steep grade. Although this has never presented
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a problem, the grading is simply a matter of inches and can be changed if the City Council deems
it necessary.
Woodhill’s CUP amendment application is unusual in that it is one of the rare cases in
which a property owner has come to the city and requested the imposition of new restrictions on
the applicant ’s property. Under the club’s existing conditional use permit, which does not
provide any “triggers” for review, the club has a right of access which has existed since its
purchase of the property in 1915. The Club’s application requests that seven new restrictions be
placed on the 1968 Conditional Use Permit that would permit further review by the City Council
in addition to the review provided under the ordinance. To the extent that the staff report
suggests that more than those seven trigger events be added to the Conditional Use Permit,
Woodhill Country Club strenuously objects. Woodhill’s proposed new restrictions already place
significant limitations on Woodhill’s use of Woodhill Avenue that do not currently exist.
Additional review provisions are unworkable. No useful or reasonable purpose is served by
revisiting this issue on a regular basis.
III. Woodhill has a Property Right of Access CooHrmed by its 1968 CUP aod
Reflected in its Special Assessment
The Malkcrson and BcnshofTlcttcre, neighbors’ letters, and even the city staff report
make a number of statements about the historical use and legal status of Woodhill Avenue and
Woodhill Country' Club’s access which are simply incorrect. The misstatements are contradicted
by the testimony and documents collected over the past year. While the pressing need faced by
Woodhill Country Club and by the City of Orono is traffic safety, the context in which this
application arises cannot ignore the history of Woodhill’s use of Woodhill Avenue and payment
for the Woodhill Avenue upgrade in 1987-1989.
Contrary to Mr. Malkcrson’s misstatement that “at some point, a narrow dirtway was
established by the club which led to Woodhill Avenue that was rarely used through the years,”
historical facts show the road was established before the property was purchased by the club and
was used extensively by the club. When citywide zoning was originally adopted by Orono,
Woodhill Avenue’s use was permitted, and decade after decade of aerial photos demonsu-ale that
it was never a “narrow dirtway.” Even a cursory review of the testimony, maps, documents, and
city records establishes the following:
1.Woodhill Avenue has been a public street for over 100 years. Woodhill
Avenue was platted as a public street in 1887 and served as the only entrance to
the Fcndcrson/Kccsling/Dunwoody farm (See Affidavit of Tony Feser). It was
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2.
3.
used for decades by club members, their guests, club employees, commercial and
delivery trucks serving current Delaney and Larson residences at Orono Orchard
Road, the two employee houses located just inside the Woodhill property line, and
Woodhill Country Club (See Pillsbury Aflidavit, Morrison testimony, Searles
testimony, and Feser Aflidavit).
Woodhill Avenue is a public street up Co the Woodhill property line. The
public street known as Woodhill Avenue extends not only to the private road to
the Woodhill Ridge development, but up to the Woodhill property line. The
easterly 200 feet of Woodhill Avenue, as actually constructed, curved south
outside of the 1887 platted right of way. This portion of the road up to the
Woodhill property line was dedicated to public use by the property’s prior owners
(John Pillsbury and Alfred Crosby) and was used by the public (see Pillsbury
Affidavit, McCarthy letters re; dedication). As such, the road was not only a
dedicated public street, it was an “opened” public street. Woodhill Country
Club’s property and driveway abutted this public street and was actually used
every decade since the property was purchased in 1915. The common law
dedication was confirmed by official planing in 1987.
Contrary to the suggestions in letters of Mr. Malkerson and his clients, once there
is a dedicated and opened public street that abuts a property and provides that
property access, there is only one way for a municipality to “abandon” the public
street and undo the access right of the abutting property owner-street vacation
and condemnation. The growth of vegetation or intermittent use by the abutting
property owner does not vacate a dedicated and opened public street. Only formal
street vacation proceedings carried out pursuant to statute, together with formal
condeir nation to compensate the property owner for its loss of access, can change
the status of the public street.
The 1968 CUP placed no restrictions on use of the Woodhill Avenue access
and provided for no annual or other t)’pe of review. The Village of Orono
initiated comprehensive zoning in 1967 and 1968. Country clubs were
specifically made permitted conditional uses within residential districts and the
city granted Woodhill such a permit. Review of Woodhill’s 1968 application and
permit reveals that zoning was a much simpler process 30 years ago than it is
today. The application is simpler, the drawings less exacting, the conditions
general. Everyone agrees, as they must, that the permit issued in 1968 remains as
legally binding upon the city and the land owners as permits issued under today’s
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more exacting procedures. The 1968 CUP places no limitations on use of the
Woodhill Avenue access and creates no conditions of review other than those
provided for in the ordinance, i.e. a petition of 75% of the surrounding neighbors
or violation of the terms of the permit. It does not provide that if “X” number of
houses are built within 300 or 500 feet of the property, the Conditional Use Permit
or some aspect of it may be reviewed and reconsidered.
The suggestion that WoodhiH ’s decadcs-long use of Woodhill Avenue was not
encompassed in the 1968 CUP is frivolous. Use of Woodhill Avenue to access
Woodhill Country Club was well-knoAvn to the City Council (See .Searles
testimony). A hand-drawn map attached to the application showed two
driveways, one to Woodhill Avenue and one to County Road 15. While Mr.
Malkcrson, his clients, and even the city staff have speculated as to what the
drawing meant to the city council, none of them were at the meeting in 1968. The
fonnei mayor of Orono, Robert Searles, was at the meeting and, in fact, was the
City Council member who moved to grant Woodhill ’s Conditional Use Permit. In
sworn testimony, Mr. Searles has stated that (1) he was familiar with Woodhill
Country Club’s access to Woodhill Avenue; (2) he had personally used the access
for many years; (3) he was personally involved in deteimining the zones and
districts in the 1968 comprehensive zoning ordinance; (4) he understood the CUP
Application drawing to include the driveway connecting to Woodhill Avenue and
the driveway connecting to County Road 15; and (5) neither he nor any other
member of the Council ever expressed any desire to limit Woodhill Country
Club’s access to Woodhill Avenue. Mr. Searles testified as follows:
Question;“As you looked at this hand-drawn portion of the Application in
1968, what was your understanding then as to what the drawing of
the driveway off to the left of the page indicated?”
Answer (by Mr. Searles);“Well, it was just the driveway within Woodhill
property that attaches to Woodhill Avenue and that
was obvious to all of us. It wasn’t even a subject of
discussion.”
Question:“When you moved to approve the permit for Woodhill Country
Club, was it your intent to change, in any way, the access to
Woodhill Avenue?”
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Answer:
Question:
Answer:
Question;
Answer:
Question;
Answer:
“No. there was no intent to change the Woodhill Country Club, the
use of its property or its accesses, and this is a specific memory.”
“Can you describe for me, when you say the word “Woodhill
Counuy Club’s access” as to what you mean?
“Well, 1 mean the access to 15 and the access to Woodhill Avenue.
Those aie the two accesses.”
“Would it be accurate to slate that in the permit that you moved
approval of. there is no limitation on Woodhill’s use of - Woodhill
Country Club’s use of Woodhill Avenue?”
“There were no limitations."
mm*
“In connection with the permits that you moved approval of, did
you understand that Woodhill Country Club would have to seek
City approval to either raise or lower a chain across either of its
driveways?”
“No, there is no such • I have no recollection of any such view by
the City of Orono (See Searles deposition at pages 57-59).
4.The 1968 Conditional Use Permit has never lapsed. In his “lapse" argument,
Mr. Malkerson simply ignores the language of the ordinance which provides:
“Should a conditional use permit lapse or cease for a
period of six months...." (emphasis added)
Mr. Malkerson ignores that subdivision 8 of the ordinance applies only when a
“permit” lapses. The 1968 conditional use permit was for use of the property as a
golf course and country club. The permit has never lapsed and has never been
Withdrawn by the City of Orono. Furthermore, the permitted "use,” i.e. golf
course and country club, has never lapsed. Indeed, even Woodhill Country Club's
utilization of its acce.ss to Woodhill Avenue has continued from 1968 to today.
Throughout the ‘60’s and ’70's, the road was used by members, guests, and
employees. After imposing restrictions on regular vehicular use, the access
continued to be used throughout the 1 980's. George Jcnnrich, former grounds
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5.
6.
superintendent, made sure to drive cars up and down the road at le:»<t several
limes a year in addition to moving maintenance equipment. (Jennnch deposition
testimony.) The access was used to transport all Woodhill Country Club traffic
on several occasions when County Road 15 was blocked. In the 1 990 ’s the road
continued to be used for movement of equipment. Throughout the tunc period,
the access was also used for bicycle traffic and pedestrian traffic. (Fredrickson
deposition testimony)
Once a property owner has a driveway that abuts a public street and once a
conditional use permit is granted that does not restrict the use of such access, there
is nothing in the Orono ordinance or CUP that says how many times a year the
property owner has to ride a bike down a driveway, walk down a driveway, drive
a car down a driveway, or drive a tractor down a driveway in order to maintain the
right of access both as a property right and as a right under the Conditional Use
Permit.
Woodhill Country Club’s property was specially assessed for the paving of
Woodhill Avenue. Not only does Woodhill have a property right of access and a
right under the 1968 CUP, its property was assessed for the paving and
improvement of Woodhill Avenue in 1987-1989. In their letter, the Storches
suggest Woodhilfs special assessment was not because Woodhill's property
abutted Woodhill Avenue and was bencfitted by the improvement. That
suggestion is directly contradicted by the resolution adopted by (he Orono City
Council. Special assessments are assessed against land, they are not a tax on
individuals or entities. State law requires that a special assessment can only be
assessed against land that is actually benefitted by the improvement. In assessing
59,464.70 against PID #2-117-23-12-0001, the Orono City Council Resolution
No. 2682 made specific findings that the Woodhill Country Club parcel “abutted
Woodhill Avenue ” and that the Woodhill property containing the west driveway
was “benefitted by tb? proposed improvement in the amount of the
assessment levied against it”
1988 maintenance building CUP did not void the 1968 CUP. In 1988, Woodhill
Countiy Club obtained a permit in order to construct an accessory maintenance
building. The permit related solely to the construction of that structure and did not
void or limit the 1968 CUP to operate a golf course and country club. Woodhill
agreed not to use the Woodhill Avenue access for movement of construction
machinery during the construction. There is no suggestion that W’oodhill made any
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statements concerning other types of future use of the Woodhill Avenue access.
Woodhill did not use the Woodhill Avenue access for construction machinery and
trucks then and does not propose to do so today. As set forth in the application, all
commercial and delivery vehicles will be required to use the Woodhill Road
entrance.
7. Woodfaiirs reservation of its rights to use Woodhill Avenue have been clear
and have been acknowledged by the City of Orono. As quoted in Woodhill’s
initial application. Woodhill wrote to the City of Orono, advising the City of its
decision to limit regular vehicular traffic.on Woodhill Avenue. In doing so, the
Club expressly reserved its right to reopen the access anytime it decided to do so.
(Morrison letter, dated June 23, 1980) Seven years after having sent that letter, the
city administrator wrote a memo to the city council stating that, indeed, Woodhill
could open the road at any time it elected to do so. (Bemhardson memo, dated
October 6, 1987).
IV. WoodhiU's Application is Consistent with the City of Orono's Comprehensive Plan
1. Woodhill is a recreational property, not a commercial property.
No one has questioned that the existence of Woodhill Country Club is included in and
consistent with the City of Orono ’s Community Management Plan (“CMP"). In 1968, no one
suggested that Woodhill Country Club was in any way inconsistent with the then-newly
conceived zoning districting plan (Scarlcs Deposition testimony). The subsequently adopted
CMP also embraces Woodhill Country Club’s use of its property as consistent with and part of
the overall city plan.
Contrary to Mr. Malkcrson’s reference to Woodhill Country Club and its traffic as
“commercial" or "business,” the CMP does not categonze Woodhill as either "commerciar or
“business.” Table 2 of the CMP lists five types of land use:
(i) Urban residential;
(ii) Commercial;
(iii) Industrial;
(iv) Rural residential; and
(v) Recreation open space.
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The CMP in Table 2 categorizes Woodhill as ‘‘recreation open space.” not as “commercial” or
“industrial.” Similarly, Table 7 of the CMP maps out the City of Orono’s “land use plan.” It has
eight categories, including various types of residential, “commercial," “institutional” and
“parks,” Under the CMP, Woodhill Country Club is designated as “parks,” not “commercial” or
“institutional,” Woodhill is expressly discussed in the “rural land use” area under the specific
category of “Rural Recreational Facilities.” The CMP states as follows:
‘The recreational facilitie., identified on the Land Use Plan are principally large,
natural, or open space areas which are compatible with their Rural Service Area
location. None of the facilities draws a iarge number of users at any time one, and
none of the facilities requires any municipal urban services.”
• • •
A significant amount of the recreation open space in Orono is that controlled by
private golf and country clubs. Large acreages are owned by Wayzata Country
Club, Woodhill Country Club, and Lakeview Golf Course. While technically
private, these areas provide open space benefits to all nearby residents plus
active recreational facilities for many Orooo and Lake area citizens.
CMP 4-30, 31. The CMP docs not classify Woodhill Country Club’s use of the property for
country club purposes as either commercial or urban. Neighbors’ references to Woodhill as
commercial or business are simply inaccurate and inconsistent with the CMP.
2. Woodhill Avenue will remain a dead-end local street
As to transportation, the CMP provides that “the basic responsibility of the City is the protection
of its citizen’s health, safety, and welfare.” In terms of transponation systems, this means that a
street system must be provided for “safe access to ^ developed properties wiili sufficient
capacity to accommodate the expected number of trips generated by the planned land use.’’ CMP
7-2. The CMP provides the following transportation goals:
1. To provide adequate, safe transportation network sufficient to serve the needs of aU
Orono residents.
2. To provide a coordinated transportation system provided alternative modes and
travel choices for most Orono neighborhoods.
3. To provide a coordinated plan for Lake area transportation which will satisfy both
economic and environmental concerns to achieve the above goals within the
financial capabilities of the City and its citizens.
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Under the transportation plan, both Orono Orchard Road and County Road 15 are
designated as -‘scenic parkways.” “Local streets” are defined as “local streets or public streets
that functi on to providejlirect access to abutting properties . Local streets carry traffic within
neighborhoods rather than through traffic between neighborhoods. Intersections with collector
streets arc controlled by stopping the local street traffic.” Woodhill Avenue currently is a local
Street. Under Woodhill’s proposed amendment, it would remain a dead.end street and wnulH
serve only the abutting property owners, including Woodhill Country Club. Woodhill Avenue is
not and will not become a through street.
Contrary- to Mr. Malkerson ’s suggestion that use of Orono Orchard Road by members of
Woodhill Country Club is inconsistent with the CMP, the CMP specifically provides that a
“scenic parkway ” is designed to “provide access to recreational areas.” CMP 7-16. Since the
CMP classifies Woodhill Country Club as a “recreational park ” area, it is fully consistent with
the CMP for Orono Orchard Road to provide access to persons using the recreation facilities of
Woodhill Country Club. Indeed, the vast majority, if not all, of the members who would use the
Woodhill Avenue access already use Orono Orchard Road.
In summary, Woodhill Counoy Club’s proposal to place new and additional restrictions
on its 1968 CUP is fully consistent with the CMP. As an abutting property owner providing park
and recreational facilities in the rural residential area, use of scenic parkways on a dead-end
public street abutting the recreational facility is exactly what was contemplated by the CMP. As
the City Engineer ’s recent report on County Road 15 makes clear, the only way the City of
Orono can immediately, efficiently, and inexpensively address the CMP’s overarching goal of
the health and safety of ajl Orono citizens is to grant Woodhill’s application.
V. The Five Residents Opposing the Application Failed to Show
Any Threat to Public Safety
The silences in the letters of the residents and their attorney Malkcrson and traffic
engineer Benshofl are far more telling than any of the .statements contained in the letters. It is
the points that they do not dispute that are the truly relevant considerations for the city council in
this matter. These concede, make no mention of, or otherwise do not dispute the following:
1. Use of Woodhill Avenue access will make for safer travel for scores of Woodhill
families that live west and north of the Club.
2. Use of Woodhill Avenue will make for safer travel for thousands of motorists on
County Road 15.
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3. County Road 15 is overcrowded and congested seven days a week.
11.
4. Left-hand turns onto County Road 15 and off of County Road 15 at Orono Orchard
Road and Woodhill Road arc difficult and hazardous maneuvers.
5. Woodhill Avenue has the capacity to carry hundreds, if not thousands, of cars daily.
6. Woodhill Avenue is wider and shorter than Woodhill Road.
7. The sight lines and signage on Woodhill Avenue are adequate or can easily be
cleared of brush to be adequate.
8. Woodhill Road, like Woodhill Avenue, is a residential street and serves eleven
families in addition to carrying all members, guests, commercial, and delivery
traffic for Woodhill Country Club.
9. Orono Orchard Road carries an average load of 1800 cars per day, and Orono
Orchard Road, between County Road 15 and Woodhill Avenue, is approximately
the same width as Woodhill Avenue.
10. Woodhill Country Club traffic that would use Woodhill Avenue already travels on
Orono Orchard Road.
Smith and Lyman Avenues are much narrower (12 ’ to 18 ’ in width) and have no
better sight lines or topography than Woodhill Avenue. These streets carry more
traffic than proposed Woodhill application since they serve 19 homes representing
approximately 190 trips per day. Russell Avenue and Dickinson Street serving
about 17 families are similar.
12. Traffic levels at Orono Orchard Road and County Road 15 are and will remain a
Level “F” (on a scale of A-F).
13. Traffic at the intersection of Woodhill Avenue and Woodhill Ridge private
development road is, and w'ould remain under WoodhilPs proposal at the LOS
(“Level of Service") Level “A."
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The MalkcRon and Benshoff letters not only concede that traffic safety will be improved
for Woodhill members and the general public in the overall area of Woodhill Road, County Road
15, Orono Orchard Road, and Woodhill Avenue, they also fail to identify an> specific way in
which use of the secondary access will create an unreasonably negative impact on Woodhill
Avenue or the Woodhill Ridge private road. If you wade through the Malkerson and Benshoff
letters as well as those of the neighbors, the only place that they even begin to attempt to identify
the alleged “noticeable adverse impacts for the existing residents served by Woodhill Avenue ” is
on the bottom half of page 3 of the Benshoff report.
The first identified ‘‘adverse impact” is the ability of the two houses located at the
intersection of Orono Orchard Road and Woodhill Avenue “to use these driveways would be
impacted” and the safety of their walking or bicycling on Woodhill Avenue would be
“diminished.” No relative judgment or comparison to other streets in Orono or similar suburbs is
made. Persons with driveways on Smith Avenue have more traffic coming by that impacts the
use of their driveways than these two homes will ever have. These two homes at Orono Orchard
were built in 1900 and 1930, respectively. When the current Woods home and the Woodhill
Ridge development homes were built (50 additional trips per day), the property owners never
complained that the addition of these homes maide backjng out of their driveways or waOang on
Woodhill Avenue intolerable. Indeed, the Delaney home was originally the Dunwoody farm
manager’s house and subsequently was the home of the original Woodhill golf pro, Norman
Clark, who commuted to work daily from his home down Woodhill Avenue to Woodhill
Country Club. Nor did the owner of the Larson property have any different expectation. Hot
only was Woodhill Avenue in active use by the Woodhill Country Club but at the lime the house
was built, the heating oil for the house was regularly delivered from Wayzata down Woodhill
Avenue (See Affidavit of Tony Feser).
The second “noticeable adverse impact” identified by Benshoff i.'s that “extensive trees
and brush” obstruct sight distance in the southeast comer of the intersection of Woodhill Avenue
and Woodhill private road. While the City StafT and the Parsons reports conclude that the sight
distances and traffic signages are adequate at that intersection, the current owner of the property
in the southeast comer of the intersection fully supports Woodhill’s application and has stated
that he is willing to have any portion of right of way cleared that the City determines is necessary
for proper sight lines.
Third, Benshoff states that Woodhill Avenue is not wide enough for use by vehicles as
well as bicycles or pedestrians. While conceding that there is greater traffic on narrower streets
in Orono, Benshoff simply concludes that travel on Woodhill Avenue will be unsafe. No factual
support is offered for the statement, because none can be. Woodhill Avenue is straighter, wider,
.OocAf 111 9804.1
• 05/11/9= 15:32 M0.SS2 P014
LINDQUIST & VENNUM p.l.l.p.
and clearer than Woodhill Road, Smith Avenue. Lyman Avenue. Russell Avenue. Dickinson
Street, Orono Orchard Road, and numerous other residential streets in the City of Orono.
Residents of all of those streets are expected to carry on their normal activities of driving, biking,
and walking. Woodhill Avenue is approximately 25 feet wide. This variation from “the City’s
28 foot standard for a public residential street,** the City staff docs not view as “a limiting factor
for the level of traffic currently proposed by Woodhill.” Staff Report at page 10.
That is it. In nineteen pages of submissions by counsel and traflic engineer, only one-half
of one page is devoted to identifying the actual problems the proposed secondary access will
allegedly cause for the residents of Woodhill Avcnuc.and the Woodhill Ridge private road.
However strongly felt, none of the identified impacts on the neighborhood outw'eigh the
significant increase in traffic safety on County Road 15 for both Woodhill Country Club families
and for the many citizens of Orono and others who travel on County Road 15.
Conclusion
Woodhill’s current application to amend its 1968 CUP can only be reviewed and decided
in the context of Woodhill’s ownership and historical use of its property throughout this century.
When Woodhill bought the property, the only existing access was through the public street then
platted as Hamlet Street, and now known as “WoodhiU Avenue.” Since 1915, u has paid taxes
on that property to the City of Orono. When Woodhill Avenue needed to be improved for the
three new homes in Woodhill Ridge, the Woodhill property was assessed. Woodhill used the
access for both foot traffic, bicycle traflic, and vehicular traffic in every decade sine 1915. When
zoning was created in the 1960 ‘s, Woodhill’s use of its propeny, including its secondary access
to Woodhin Avenue, was immediately permitted by the Village of Orono. As is its right,
Woodhill has. from time to time, placed various gates, chains, etc. across driveways. When it
decided to put a very strong chain up in 1980, it wrote to the City saying it was limiting regular
vehicular traffic but reserving its ri^t to reopen the road at any time. As additional insurance,
ihc grounds manager continued to drive cars and tractors up and down the road even after the
chain was put in place. After buying property abutting the public road, paying taxes, paying
Special assessments, using the road, and Nvriling to the City about its decision to open and close
its driveway, Woodhill has both a propeny right and CUP right to use its access.
Wliolly independent of Woodhill Country Club’s rights to use ilS CCntury-old access to
Woodhill Avenue, the City Engineer’s repon on County Road 15 establishes the immediate need
to restore the secondary access on Woodhill Avenue. The problems faced on County Road 15
are well-known to the council members personally aiid are amply quantified and described in the
City Engineer’s report. The problem is getting much worse, not better. The City Engineer’s
report studied and commented on ten improvement concepts and eight specific improvement
05/11/99 15:32 no.862 P015
LINDQUIST & VENNUM p.l.l.p.
recommendations. Only one of these eighteen items can be implemented immediately, and
without any cost to the City; the approval of Woodhill’s Application for Amendment of its 1968
Conditional Use Permit. It is a small step to alleviate the most serious traffic safety problem in
the City, but it is a necessary' step in the right direction.
LINDQUIST & VENNUM p.l.l.p.
JPMc/klb
cc: Ron Moorse
Mike Gafiron
Thomas Barrett
ClilTord Greene
Bruce Malkenson
Edge Jackson
es^. McCanhy
DoeV 11I9B04U
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Date Application Submitted: 4-14-99
Date Application Considered Substantially Complete: 4-30-99
60-Day Review Period Ends: 6-29-99
REQUEST FOR COUNCIL ACTION
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Date; May 5, 1999
Item No.:
Department Approval: Administrator Approval:
Name: Michael P. Gaffron
Title: Senior Planning Coordinator
Agenda Section:
Zoning
Iteii Description: #2484 Woodhill Country Club, 200 Woodhill Road - Conditional Use Permit
- Public Hearing
Zoning District: RR-IB, Single Family Rural Residential
Zoning Status:Golf courses, country clubs and tennis clubs are allowed as a Conditional Use
within the RR-IB zoning district. Woodhill Country Club is authorized to
operate a golf course and related country club activities via a Conditional Use
Permit issued by the City Council in 1968. The Club has obtained a number
of additional conditional use pennits for various improvements since 1968.
Brief Summary of Request
Woodhill Country' Club requests that its 1968 Conditional Use Permit be amended 1) to
acknowledge certain basic rights of access to Woodhill Avenue; and 2) to impose certain new
restrictions and conditions on Woodhill's access to Woodhill Avenue. The Club cleared and re
graded a former access from Woodhill Avenue to the Club property in May 1998 without obtaining
City approval. The Club now seeks approval to use this access on a limited basis, requiring a CUP
application and review process for this proposed change in use.
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#2484 - Woodhill CC
May 5,1999
Page 2
List of Exhibits
I.
J.
K.
L.
M.
N.
O.
Submitted Wednesday April 14 bv Mark Albrecht:
A. General land use application form, signed by Mark Albrecht, and $250 fee
B. Plat map from Hennepin County used for defining areas to be notified
C. 350’ Property owners ’ list from Hennepin County
D. List of property ID numbers (PINS numbers) for Club properties in Orono and Wayzata
E. List of Board of Trustees/Officers/Members
F. List of persons to be notified regarding application correspondence
Submitted bv Fax Thursday April 15:
G. Legal Description
Submitted Friday April 16 bv messenger from Lindquist and Vennum:
H. Letter of transmittal by Jim McCarthy
9-page document detailing the request
Copy of 1968 CUP application and City summary' sheet
8- 31 -98 Sathre-Bergquist survey of gravel driveway area
9- 26-88 Maintenance facility survey by Sathre-Bergquist
Half section map from Ilenepin County
Excerpt of half-section map with sketched site plan showing roads and buildings
Plat of Woodhill Ridge
Submitted Monday April 26 bv Surveyor Mark Gronberg :
F. Existing driveway desigii/grading/drainage plan dated 4-23-99 (Plan ”A”)
Q. Alternate driveway design/grading/drainage plan dated 4-23-99 (Plan ”B")
Submitted Thursday April 29 bv Surveyor Mark Gronberg :
R. Drainage area map and calculations
Submitted Friday April 30 bv fax from Jim McCarthy:
S. Cover letter by McCarthy and traffic study by Parsons-Brinckerhoff dated 4-30-99
Additional Exhibits Added by Citv Staff
T. Referenced Municipal Code Excerpts:
6.01 Subd. 1(E,F); 6.05 Subds. 2,10;
10.03 Subd. 19-21; 10.09; 10.20 Subd. 3C
CMP pp. 8-12,7-13,4-18
Letters and Comments received from Public as of 5/5/99
1. 5/3/99 Letter from Jerry & Shelly Storch
2. 5/2/99 Letter from Charles & Maria Maille
3. 5/3/99 Letter from Michael & Judy Wood
4. 5/4/99 Letter and Petition from Jane Delaney
5. 5/4/99 Letter from Bruce Malkerson including Benshoof letter of 5/4/99
Public Hearing Notice
City Engineer Tom Kellogg ’s Comments 4/30/99
City Engineer ’s Draft CSAH 15 Traffic Management Study
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#2484 - Woodhill CC
May 5,1999
Page 3
Public Hearing Notiflcation
Notice of the Public Hearing was published in The Pioneer and The Laker on April 24, 1999 and
May 1, 1999. Written notice to all property owners within 350' of the property boundaries and
within 350' of Woodhill Avenue was mailed on Thursday, April 29,1999.
Additional Permits and/or NotificationsWhich May Be Required
Other permits which may be required in conjunction with the proposed driveway access include:
a) permit for work in right-of-way;
b) permit for land alteration; and
c) CUP for land alteration exceeding 500 cubic yards
The above permits will be held in abeyance pending the result of this land use CUP application.
d) Minnesota Statutes require notification of fee holders when trees are to be cut within
dedicated right-of-way.
Application Background
In May 1998 Woodhill Country Club did grading work within the Club property and within the
dedicated right-of-way of Woodhill Avenue to re-open a driveway access from the Club property
to Woodhill Avenue, which access had been closed by the Club since approximately 1980.
The City stopped the work upon being advised it had occurred, and indicated to Club representatives
that certain permits and approvals would have to be obtained by the Club in order to retain the work
that had been completed and for the access to Woodhill Avenue to be used.
Subsequently a number of public and non-public meetings occurred between and among Club
representatives, the City Council, staff, and the immediate neighbors potentially affected by the re
opening of the access. The City refused to sanction Woodhill's use of Woodhill Avenue without the
proper CUP public review process. Woodhill refused to make such an application. In July 1998 the
Club filed suit against Orono, claiming that Woodhill has a right to open and use the Woodhill
Avenue access without City approval.
The lawsuit proceeded with discovery through March 1999. In April 1999 Woodhill proposed a
settlement procedure by which Woodhill would apply to the City for a CUP to allow opening and
use of the Woodhill access on a limited basis. Woodhill filed current application on April 14,
1999. This application was deemed by staff to be substantially complete as of April 30, 1999 upon
receipt of the traffic study by Parsons Brinckerhoff.
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#2484 Woodhill CC
Mays, 1999
Page 4
Summary of Woodhill's Request
Woodhill's request is detailed on pages 1 and 2 of Exhibit 1, and is summarized as follows:
1.Requests amendment of 1968 CUP to aeknowledge the following vehieular access rights, i.e.
the rights to:
a) maintain unbarricaded access to Woodhill Avenue
b) gate and maintain control of said entrance
c) have access available at all times for Emergency Vehicles
d) have access available from 7:00 am to 8:00 pm for Woodhill members and invited
guests during days the Club is open (Tuesday thru Sunday, plus Monday
public Holidays, closed in March)
e) have access available for transporting tractors to Long Lake for repair
f) have access available for general access if Co. Rd. 1 5 access is temporarily blocked
(subject to notification of City and neighbors)
g) have access available per 1987 easement, which grants access to Lot 3, Block 1,
Woodhill Ridge over Woodhill property to Woodhill Avenue if County Road
15 access is closed or otherwise denied
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2.Requests City agreement tliat the above rights shall not be revocable, nor for a limited period,
nor be subject to further review except as provided for in Orono Zoning Code Section 10.09
Subd. 11 .
3.
4.
Requests that 1968 CUP be amended to include the following 'triggers’ that will require
further City review or further amendment of the Woodhill CUP:
a) Conversion of Woodhill Avenue access into the main permanent Club access
b) Use of Woodhill Avenue as an access for delivery, taxi, service or other
commercial vehicles
c) Use of Woodhill Avenue as a general public access
d) Use of Woodhill Avenue access at times other than allowed in 1. above
e) Expansion of Woodhill ’s driveway between the maintenance building and Woodhill
Avenue
f) Paving of the driveway abutting Woodhill Avenue
g) Signage concerning Woodhill on Orono Orchard Road (identification or directional
signage)
Requests City confirmation by CUP amendment or Council Resolution that Woodhill ’s right
of access to Woodhill Avenue exists independent of any CUP process and is not revocable
through CUP process in regards to:
a) 1987 easement agreement; and
b) In the event of permanent blockage of access to Co. Rd. 15 as a result of Co. Rd.
15 alteration/improvement or resulting from closure actions related to the
railroad right-of-way. (Is this a conflict with request 3a above?)
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#2484 - Woodhill CC
Mays, 1999
Page 5
What Woodhill is implicitly not requesting. Staff assumes the following activities, uses or
improvements, by omission, are implicitly not being requested:
1. Use of the Woodhill Avenue access for Club maintenance vehicles other than tractors.
2. Use of the Woodhill Avenue access by Club employees except in relation to tractor servicing.
3. (There may be additional activities, uses or improvements which should be noted here)
Staff Review and Summary of Issues
A. Pertinent Sections of City Code and Comprehensive Plan
CUP for Country Club Use. Woodhill Country Club is in Orono's RR-IB Single
Family Rural Residential zoning district, the standards for which appear in Zoning
Code Section 10.28. Section 10.28 references the R-IA district standards for
conditional uses. Section 10.20 Subd. 3. The pertinent subsection which addresses
country clubs as a conditional use, reads as follows:
"Subd 3. Conditional Uses. Within any R-IA One Family Residential
District, no structure or land shall be usedfor the following uses except by
conditional use permit:
...C. Clubs, Camps, etc. Golf courses, country clubs, tennis clubs,
public swimming pools serving more than one family, scout camps,
YMCA camps, YJVCA camps, church camps, or private non-profit
parks, playgrounds and other similar uses. The principal structure
for any of the above listed uses shall be 100' or more from any
abutting lot in an "R" district, and acces.sory structures shall be a
minimum offifty feet from any lot line."
This is identical to the language in effect at the time the 1968 CUP was applied for
and issued.
The City has historically required a new CUP for any new physical improvements
(new buildings, extensive grading work, etc.) to an existing conditional use. The City
has also required such a review when a new use or activity is proposed by an existing
conditional use, and such review is especially appropriate in the context of the CUP
process, when such use will have potential negative impacts on the surrounding
neighborhood. Zoning Code Section 10.09, Subd.l, states in part that "...Conditional
uses include those uses generally not suitable in a particular zoning district, but
which may under some circumstances be suitable. When such circumstances exist,
a conditional use permit may be granted. Conditions may be applied to issuance of
the permit and a periodic review of the permit may be required...". The City Council
is empowered to grant or deny conditional use pemiits and to impose reasonable
conditions on them.
#2484 - Woodhill CC
May 5,1999
Page 6
With regards to the Woodhill request, it is the City's position that the re-opening of
an access to Woodhill Avenue after a nearly 20-year closure, requires a new
CUP (or an amendment of the existing CUP) for the following reasons:
1. The 1968 CUP was issued based on a given set of circumstances
prevalent at that time. The conditions that applied when the 1968 CUP was
granted have ehanged, i.e. there is now an adjacent neighborhood in whose
creation the Club participated after the original CUP was granted, and which
may be impacted by this change in use.
2. It can reasonably be argued that the 1968 CUP to allow the
Club to operate, has not lapsed. It might also be reasonably argued that the
lack of use of Woodhill Avenue as a secondary access to the Club for nearly
two decades or more, might be considered as a lapse in that specific aspect
of the conditional use (if in fact the Woodhill Avenue access was even
covered under the 1968 CUP) as contemplated in zoning code Section 10.09,
Subd. 9.
3. The conditions that applied when the 1988 maintenance building CUP
was granted have also changed. The access was not proposed to be used
at that time, yet neighborhood concerns were raised related to the location and
use of the building even without use of the access. Additional concerns would
likely have been raised if the road access had been proposed.
4. The proposed use of Woodhill Avenue by a non-residential user raises
concerns of health, safety and welfare that the City is responsibile for
addressing, and which are properly raised within the format of a public review
process when a conditional use is involved.
Permit for Work in Public Right-of-Wav . The proposed driveway within the
dedicated right-of-way of Woodhill Avenue is defined in the zoning code as a
"Business Driveway Approach" (Chapter 6, Sec. 6.01 Subd. IE, F). A permit from
the City is required for construction or reconstruction of this driveway approach per
Sec. 6.05, Subd. 2. Such permits are administered by the Public Works Director, who
has the authority to approve or deny such permits. Additional sections in Chapter 6
regulate and provide standards for work and activities within the public right-of-way.
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#2484 - Woodhill CC
May 5, 1999
Page 7
Driveway Standards. The proposed driveway is subject to the driveway standards
of Municipal Code Section 6.05. Subdivision 10 "Business Driveways, Approaches
and Turnarounds". Those standards which may be applicable to the current request
include:
Only one business driveway is allowed per development unless approved by
City
- Must be paved (bituminous) within the right-of-way
- Driveway approaeh to be at least 100' from a comer in a residential district
- Must be 10' from side lot line
The proposed driveway is a second driveway to the Club. The proposed driveway
is gravel, not paved. The standard for a driveway approach being 100' from a comer
has, at best, dubious applieability in this case due to the linear nature of the road and
driveway layout. The proposed driveway is e.xactly 10' from the lot line abutting the
property to the immediate south, and more than 10' from the property to the north.
Land Alteration Permit. Land alteration in e.xcess of that authorized by a driveway
permit or when not authorized in conjunction with a building permit, requires, at a
minimum, a staff administered land alteration permit per Section 10.03, Subd. 19-21.
When the volume of land alteration exceeds 500 cubic yards, a Conditional Use
Permit is required. Staff is authorized to refer land alteration permit requests to
Council for volumes less than 500 c.y. if staff concludes the work may create negative
impacts or be not in keeping with the goals and policies of the Comprehensive Plan.
While from all information gathered to date it appears the volume of grading in
conjunction with this access work was significantly less than 500 c.y., the proposal
does "potentially create negative impacts" in the opinion of staff, specifically related
to drainage, noise, odors, visual impacts and public safety, all of which should be
reviewed by the Council given the neighborhood concerns.
Conformity with Community Management Plan. The CMP eneourages retention and
continued operation of the private golf courses (Rural Park and Open Space Policy
#8 on page CMP 8-12) because they provide aesthetic open space and natural vistas
to the benefit of adjacent landowners and the general public.
In regards to Rural Transportation Policies, the CMP in Policy #7 on page CMP 7-13
states that "Driveway locations and rural street or private road intersections will be
limited for traffic safety...", the intent being to consolidate access points onto major
roads.
Urban Land Use Policy #6 on page CMP 4-18, states that "Commercial and industrial
development will not be permitted to adversely affect neighboring residential
property...". While Woodhill is not strictly a commercial or industrial use, certain
aspects of its operation may have impacts that are not strictly residential in nature,
and that is w hy private golf courses are a conditional use rather than a permitted use.
#2484 - Woodhill CC
Mays, 1999
Page 8
B.Past Use of Woodhill Avenue for Club Access
1968 CUP. There is no question that Woodhill Avenue served as a secondary access
to Woodhill Country Club for many decades prior to issuance of the 1968 CUP. The
1968 CUP was not detailed, however, and does not lead to any conclusions regarding
the continuing use of, or level of use of, the Woodhill Avenue access. It was
unquestioned in the 1968 CUP that County Road 15 was the access to the Country
Club.
The 1968 CUP document identifies a request for a "Non-Conforming (sic) Use Permit
for golf course", and its approval on 9-13-68 included the following minimal
'conditions' of use: "Approximately 150 acres in Orono. Club house and various
buildings for entertainment. Private club." The sketch which accompanied the 1968
CUP request shows an access to County Road 15, depicts interior driveways and
buildings, and shows a driveway leading to the edge of the map but not identified as
a connection to Woodhill Avenue.
1980 Closure . The Club in 1980 closed off it's Woodhill Avenue driveway access
to most vehicular traffic, and placed a new chain across the entrance which became
accessible only if the chain was removed by the Club. The Club informed the City
in writing of its intent to voluntarily close the driveway, and stated that the Club
reserved the right to use the entrance should it choose to do so in the future.
1987 Subdivision and Easement. In 1987 the Club, in conjunction with a private
developer, subdivided the property south of Woodhill Avenue and created the 5-lot
residential plat of Woodhill Ridge. The subdivision resulted in the following actions
which are pertinent to this review:
1.
3.
Created a new private road to serve Lots 1,2,4 and 5, extending southward
from near the east end of existing Woodhill Avenue.
Resulted in expansion of the dedicated right-of-way at the east end of
Woodhill Avenue, apparently to incorporate the unused driveway leading
from Woodhill Avenue into the Club property, so that said driveway would
be within a public right-of-way rather than within one of the private
residential lots.
Resulted in upgrading of existing Woodhill Avenue from Orono Orchard
Road to a point Just past the intersection with the new private road serving
Woodhill Ridge, ending approximately 65' west of the Club's property
boundary but appaiently to provide a connection to the old chained-off
driveway.
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#2484 - Woodhill CC
Mays, 1999
Page 9
4.Resulted in the Club's granting an access easement in favor of Lot 3, Woodhill
Ridge (the lot which is not serv'ed by the private road) over Club property to
Woodhill Avenue in the event the Co. Rd. 15 access is blocked.
1988 Maintenance Building CUP. In 1988 Woodhill applied for and w'as issued
variances and a CUP for a new maintenance building to be located approximately
160' east of the Woodhill Ridge subdivision, and adjacent to the old driveway
connecting to Woodhill Avenue. A portion of the old driveway bed was filled near
the northwest comer of the maintenance building, in conjunction with the site grading
for that building. The CUP/variance resolution does not address future use of the
driveway connection to Woodhill Avenue. The only reference in the Planning
Commission and Council minutes as to use of the old driveway was a negative
response from the Club's surveyor to Jeanne Mabusth's question whether the
V.’oodhill Avenue connection would have to be opened during maintenance building
construction.
During the 1988 review process the concerns of the neighborhood were addressed,
resulting in a relocation of the original proposed building site (north side of old
driveway, 50' from west lot line) to the final location 160' from the west lot line and
on the south side of the old driveway. This placed it approximately 350' from the
actual house sites of each of the two nearest residential lots, and allowed for the
saving of several trees, a screening barrier to the surrounding residential properties.
Tlie review process also resulted in a CUP approval condition that future complaints
from adjacent residents about increased noise from the maintenance operation would
allow the City to re-open the CUP for further review.
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Why is a Secondary Access Needed? For Whom? When?
The Club was advised to define the concerns that have resulted in this request. The
Club addresses this topic on pages 6-8 of Exhibit I (PLEASE READ!). In brief, the
following topics are addressed:
Increased traffic volume and speed on Co. Rd. 15
Temporary problems during Co. Rd. 15 improvements construction
- Expected greater volumes and speeds on Co. Rd. 15 once the
improvements are completed
- Raised elevation of Co. Rd. 15
- Left turns difficult and dangerous for member access from west
Potential to reduce access to 15, making 15 safer
- No other access points available to Club without acquisition
- Other potential access locations which might be acquired/developed
would have greater impacts on other neighborhoods.
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#2484 - Woodhill CC
May 5, 1999
Page 10
Club activity has not significantly increased since 1968
Anticipated use of access only by members who live west of Club
Anticipated use is 20-30 trips per day summer weekdays, 60 trips per
day on summer weekends; less in spring and fall, much less in winier
D. Trafflc Safety Concerns: Impact on Woodhill Avenue
Comments from the Woodhill Ridge neighborhood indicate a concern with safety,
related to the conversion of Woodhill Avenue from what has functionally been a
private, low-traffic cul-de-sac to a somewhat busier through road serving a
quasi-commercial use. The impact of additional traffic due to Club usage of the
public road is proposed to be minimized by adding new, more restrictive traffic
controls. The public road portion of Woodhill Avenue will no longer function as the
mere extension of a 6-family private road.
The Club was advised to investigate and address the impacts of the proposed access
on Woodhill Avenue and the surrounding neighborhood. The Club’s initial submittal
addresses the topic of traffic impacts on pages 8-9 of Exhibit 1 (PLEASE READ!!).
The Club's points are summarized as follows:
The proposed access will be very limited in scope
The impact on the three homes aecessing directly to Woodhill Avenue
will be no greater than it was when those homes were built.
The 3 homes with driveways accessing to the private road portion of
Woodhill Avenue, will have no Club traffic directly in front of them,
and will have no problem entering or exiting their driveways.
Woodhill wll periodically remind members using the access of traffic
rules and safety concerns
The gravel road, 10 mph speed limit, and west-bound stop sign at the
point where the driveway enters Woodhill Avenue, all will act to keep
the access safe. A three-way stop could be established if the
neighborhood desires.
The proposed traffic controls and low level of use will yield a greater
measure of pedestrian/child protection than most City street/private
road intersections
The proposed level of traffic is not considered high for a local
residential public street
- The impact on Orono Orchard Road traffic levels will be minimal
since most anticipated users would otherwise use Orono Orchard Road
to and from Co. Rd. 15
The Parsons Brinckerhoff traffic study submitted by the Club is summarized later in
this memo. Note that although Woodhill Avenue is 24 ’ paved width rather than the
City’s 28 ’ standard for a public residential street, staff does not view this as a limiting
factor for the level of traffic currently proposed by Woodhill.
#2484 - Woodhill CC
Mays, 1999
Page 11
E. Drainage and Erosion Impacts
Portions of the proposed gravel driveway have a relatively steep grade and therefore
are subject to possible erosion. The easterly portion of the driveway, primarily that
portion within the Club property, could be directed to drain to an existing depression
north of the driveway. The existing drainage pattern generally is eastward toward
Woodhill Avenue, discharging under the private portion of Woodhill Avenue through
an existing culvert. The rates and volumes of stormwater runoff generated by this
access driveway do not warrant a NURP pond nor other extensive stormwater
management facilities. Improvements of the ditches adjacent to the driveway will be
needed to ensure no stormwater impacts to the driving surface of Woodhill Avenue.
A paved driveway would be less susceptible to erosion and sedimentation. Because
this is a business driveway, all portions of the driveway in the right-of-way are
required to be paved with bituminous material per Section 6.05 Subd. lOB. It
is staffs understanding that the Club has proposed a gravel driveway rather than
pavement for a number of reasons, including visual impact, traffic speed reduction,
to create a public perception that it is a driveway rather than a road, etc. However,
paving would decrease the potential for sedimentation; would be a quieter driving
surface; and would result in avoiding the maintenance concerns of maintaining a
clean transition area betw'een the gravel and paved surfaces, i.e. avoiding loose gravel
on the paved surface at an intersection, which can cause noise problems, loss of
traction, etc.
F. Other Potential Neighborhood Impacts
1. Dust. The proposed gravel driveway will have a potential to create a dust
problem during periods of dry weather. Limiting the traffic speed to 10 mph as
proposed will help to limit the dust to a great extent. Periodic watering or calcium
chloride treatments could also be used. Any dust problem would be eliminated by
paving the access driveway.
2. Noise. The additional traffic generated by this access will have little noise
impact on the neighborhood. The gravel surface will likely generate more tire noise
than would a bituminous paved surface. Vegetation that had grown up in and around
the old roadbed prior to its 1998 reconstruction may have provided some small degree
of noise buffering to the neighborhood from the maintenace facility. That buffer will
no longer be in place; however, no homes appear to be directly affected by this loss
of vegetation.
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#2484 WoodhillCC
Mays, 1999
Page 12
3. Odors . The proposed low level of traffic and prohibition on service and
delivery vehicles will likely result in no significant odors generated due to this access.
4. Lights. There is currently no streetlight at the intersection of Woodhill
Avenue and the Woodhill Ridge private road, and none is proposed. Headlights from
vehicles entering and exiting at the new access will not shine directly at any
neighboring homes. The proposed limitation on hours of access availability of 7:00
a.m. to 8:00 p.m., and the limited usage during months where darkness occurs earlier
in the evening, will also result in minimal headlight impact in the neighborhood. Any
existing or proposed lighting at or near the maintenance building whose source may
be more visible when the access is in place, w'ould have to be redirected or shielded.
5. Visual Impacts. Opening of the access to Woodhill Avenue results in the
loss of some vegetation which in the past acted to screen the maintenance building
from users of Woodhill Avenue. The maintenance building will be somewhat more
visible in the winter months with the road being open. The additional proposed traffic
signage and the proposed level of traffic will result in minimal if any negative visual
impact on the neighborhood.
6. Security. The Club does not propose to install a gatehouse, but does propose
to have a gate or chain that would have to be opened at 7 a.m. and closed at 8 p.m.
The Club closed this access in 1980 due to security issues, i.e. unwanted traffic, etc.
At least one neighborhood resident has expressed concerns regarding security. The
lack of a gatehouse or other monitoring at this access location is a topic for further
discussion.
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City Engineer’s Comments re: Proposed Driveway Design
The comments of the City Engineer appear in Exhibit W and are summarized as follows:
1. Proposed driveway slope in some locations is 14%, slightly exceeding recommended
drivew'ay maximum of 10%; private road maximum slope by code is 12%.
2. Erosion is a concern, needs erosion controls during/after construction. Need vegetation
established in ditches.
3. Recommending typical street section for a private road; if remaining as gravel surface, dust
control measures may be needed.
4. Drainage calculations acceptable. Could divert runoff from upper driveway to small existing
pond north of driveway.
5. Need a retaining wall design for area near NW comer of maintenance building.
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#2484 WoodhillCC
May 5,1999
Page 13
City Engineer’s County Road 15 Traffic Study
Bonestroo and Associates is nearing completion of a Traffic Management Study for the segment of
CSAH 1 5 (Shoreline Drive) from CSAH 51 (North Shore Drive) to Femdale Road West. This study
is for the purpose of analyzing:
traffic movement and access from cross streets
methods to improve east-west traffic movement that could provide some relief to Co. Rd. 15
the feasibility of providing a frontage road on the north side of 15 between Woodhill Road
and Orono Orchard Road
the feasibility of signalizing County 15 at North Shore Drive and at Orono Orchard
Road
One of the conclusions of the draft study is that access to Woodhill Country Club would be vastly
improved with the provision of a traffic signal at Orono Orchard Road and the provision of a
connection from Orono Orchard Road to the Club. Four concepts for making such a connection
were reviewed:
a. Frontage road north of railroad tracks , connecting Woodhill Road to Fox Street.
Would allow closure of Russell Avenue and Woodhill Road accesses to 15. A
successful solution if Orono Orchard /1 5 is signalized; but downsides are high cost
and wetland impacts.
b. Connect from Woodhill Road to Dickenson Street. Likely high cost due to
topographv, plus necessary improvement to Dickenson Street. Requires signal at
1 5/Orono Orchard.
c. Woodhill Road private road connection to Dickenson. This would connect Dickenson
directly to the east-west branch of Woodhill Road that serves a number of private
homes. Requires signal at orono Orchard/15.
d. Re-open Woodhill Avenue access to Club . This alternative would not allow closure
of the existing accesses to 15, but may be least costly of alternatives. Would benefit
by signal at Orono Orchard/15.
This study also analyzes imd recommends various improvements to Co. Rd. 15 that would assist in
making 1 5 less hazardous. Please review the excerpts from this study. Exhibit X.
Parsons-Brinckerhoff Traffic Study
The traffic study submitted by Woodhill is briefly summarized as follows:
1.Trafilc control improvements should be implemented including:
a. 20-22' gravel driveway east of existing pavement.
b. A gate at west end of Club property to be closed when access not available.
c. 10 mph speed limit along access driveway, both ways.
d. "No Left Turn" sign for traffic exiting Club driveway onto Woodhill Ave.
e. Westbound stop sign...............................
#2484 Woodhill CC
May 5, 1999
Page 14
2.
3.
4.
5.
6.
f.Eastbound stop sign on Woodhill Avenue at Woodhill Ridge road intersection.
g. Stop sign for outbound traffic at north comer of Woodhill Avenue and Orono Orchard
h. Painted bar line and painted lane dividing line at west end of Woodhill Avenue
i. Vegetation clearing along east side of Orono Orchard Road south of Woodhill Ave.
Proposed restrictions on use of Woodhill Avenue access driveway:
a. Open only 7 a.m. - 8 p.m.
b. No commereial, delivery, ta.xi or service vehicles allowed
c. Only members and invited guests may use access
d. Emergency vehicle access allowed at all times
e. Full general use allowed when Co. Rd. 15 access is blocked
Traffic sources:
a. 50% of current Woodhill Road trips are staff / visitors / service vehicles which won't
use Woodhill Avenue
Less than 25% of members live west of Club
60 vehicles per day is estimated Club use of Woodhill Avenue access
b.
c.
a.
Woodhill Avenue capacity:
Expected increase from 50-60 neighborhood vehicles per day to combined
neighborhood / Club use of 100-120 vehicles per day is well within tlie defined
capacity for this type/nature of residential road
Intersection capacities:
a. Woodhill Ave at Woodhill Ridge:
- Apparent proposed stop sign for outbound Woodhill Ridge traffic?
- Level of Service "A", i.e. no delays
Woodhill Ave at Orono Orehard Rd:
- No capacity constraints
- No sight distance constraints
- No added traffic to Orono Orchard Road
Co. 15 at Orono 0..;hard:
b.
c.
d.
- Slight (30 vehicles per day) decrease in traffic and reduction in cross movements
- Greater traffic safety
Co. 15 at Woodhill Road:
- Same comments as for Co. 15 at Orono Orchard
Road design:
a. 11 % slope on gravel driveway is not a problem for traffic movement
b. Woodhill Avenue is wider than Woodhill Road
c. Woodhill Avenue has suffieient capacity, better than Woodhill Road
d. The Orono Orchard / Woodhill Ave intersection will have sufficient capeity and sight
distance when the recommended signage, etc. are in place
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#2484 Woodhill CC
May 5, 1999
Page 15
7.Alternate Solutions
a. Police traffic personnel or a semaphore at Woodhill Road / Co. 15 are not feasible
b. Turn lanes on 15 at Woodhill Road do not solve high speed, limited sight distance,
or "critical gap" problems
c. There are no other locations where the Club owns land that abuts a public street that
could be used as an access.
Neighborhood Comments
The City has received letters from a number of property owners in the neighborhood. Those letters
are included as Exhibits U. They include a petition opposing the Club's request. Please review these
submittals.
Malkerson Letter and Benshoof Traffic Study
Also included in the attachments are a traffic study by Benshoof & Associates, Inc. and a letter from
Bruce Malkerson on behalf certain homeowners in the neighborhood. Please review these
documents included within Exhibits U.
» •
♦ •
♦ •
Lssues for Discussion
Council should consider the following questions in determining a course of action on the Woodhill
request:
1.
2.
3.
4.
Has Woodhill CC provided sufficient justification to warrant consideration of a second
access to the property?
Has Woodhill CC adequately demonstrated that other secondary access options are either not
feasible or are inferior to the proposed Woodhill avenue access?
Do public health, safety and welfare concerns suggest that the benefits of allowing
Woodhill CC an access to Woodhill Avenue outweigh the potential negative impacts to the
neighborhood?
Are the Club-proposed limitations on use of the access sufficent to alleviate most or all of
the concerns expressed by the neighborhood? If not, what additional limitations should be
attached to City approval of the access?
#2484 WoodhillCC
Mays, 1999
Page 16
5.
6.
7.
8.
9.
Does Council accept the Club's premise that the Club has access rights which should be
formally and permanently acknowledged? Does Council accept the Club's request that once
established formally, these access rights will not be subject to future review except by
neighborhood petition per the zoning code? Given the large size of the Club property,
should some modifier be established so that factors other than "petition of 75*^’ of all
property owners within 1000' of the property" would trigger a future CUP review?
Does Council agree that Club rights regarding the 1987 easement for Lot 3 and regarding
blockage or involuntary closure of theWoodhill Road access to 15, must be independent of
any CUP process or review?
Does Council agree with the 7 "triggers" proposed by Woodhill CC that will require further
City review or further amendment of the CUP?-'
Does Council agree with staff that this application does not and will not address the historical
ongoing country club use, but merely deals with this secondary access issue?
Should the Club be required to pave the portion of the driveway within the right-of-way of
Woodhill Avenue?
Staff Recommendation
Council must weigh the needs and the rights of both the Club and the neighborhood, against the
public health, safety and welfare concerns that surround this issue.
In the event that Council determines that some limited use of the access is appropriate, staff would
recommend, as a starting point, that the following minimum conditions be attached to such approval:
1 . If the Club's access to County Road 15 is closed for whatever reason for an extended period
other than a short term emergency situation, the City must have the right to reconsider the
Club's Woodhill Avenue access CUP to allow consideration of all alternatives for provision
of proper and adequate access for the Club and other potential access users, and consideration
of the impacts of those alternatives.
2. The City should establish triggers which will allow review of the Woodhill Avenue access
CUP, including but not limited to:
those proposed by the Club;
a review based on the amount of actual traffic using the access;
- a review after some given time period.
If Council concludes that approval of the access is appropriate. Council should direct staff to draft
a CUP approval resolution with appropriate findings and conditions, for consideration at the May
24 Council meeting.
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B>U.A
Application U
Date Received _
Amount Paid
XY OF ORONO - GENERAL LAND USE APPLICATION
PROPERTY LOCATION
Site Address 200 Woodhill Road, Wavzata. MN 55391
Type of Application to be Filed Land Use Application
Property Identification Number (P.I.D.) Attached
APPLICANT
Name Woodhill Country Club
Phone (home)__
Phone fworki 473-7333
Address 200 Woodhill Road City Wayzata Zip 55391
OWNER (if different than applicant)
Name __________________
Phone (home).
Phone (work).
Address City Zip.
Date Property Acquired 1915 (month/year)
I (do) (do not) also own the adjacent parcels of land.
FEES - CONDITIONAL USE PERMITS -
______S 75.00 For each variance request with CUP application
____SI75.00 Residential Accessory Use
S250.00 Institutional (church, school, etc.) ciubs
______$225.00 Guest House/Guest Apartments
______$200.00 Duplex Credit/Bldg
______$300.00 Commercial/Industrial Use
______$250.00 Land Alteration
_____ Grading and filling - designated wetland floodpla!.-.
_____ Grading and filling - 501 cu. yd. or more
_____ Grading, seawall, retaining walls within 75' of lakeshore
______PRD/PID - see Fee Schedule
______$150.00 Renewal Fee (no change from original application)
After-the-Fact Fee - Double Current Application Fee
OTHER APPLICATIONS
______$250.00 Commercial Site Plan Review (+ consultant fees)
_____ $300.00 Vacation
______$200 Easement Vacation
$100.C J Easement Vacation With Subdivision
______$350.00 P.czoning (PUD - refer to fee schedule)
______$350.00 Cuitiprehensive Plan Amendment
______$100.00 Appeals
Other - see Fee Schedule
tU
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REQUIRED SUBMITTALS
1.
2.
3.
Completed Application Form.
Describe request in detail.
Certified Property Owners List of owners within 350', labels and plat map (you
must obtain this list, labels and map from Hennepin County Department. of Finance,
A-603, Government Center, 348-3271).
4.
5.
6.
7.
8.
9.
Certificate of Survey (signed by a licensed surveyor) - refer to handout for survey
information.
Attach legal description to application if not included on required survey.
_ Topographic survey (existing and proposed contours) if land alterations involve
changes in elevation (grades).
List of the legal names (include marital status) of all persons with an interest in
the property. This would include name(s) of applicant(s) if not current owner(s).
Construction plan, if applicable (see staff for requirements).
_ As an addendum to this application, please attach a separate list of any other
persons you wish notified of this application.
you ARE REQUIRED TO SUPPLY 30 COPIES OF LARGF DOCUMENTS OR COPY
FOR REPRODUCTION (tl” X 17" OR SMALLER) FOR ALL DOCUMENTS
SUBMITTED. (Staff will require to scale drawings of all documents, plans, etc. to be
submitted.)
The Applicant and Property Owner must sign this application. Please remember that your
application is not complete if the above information has not been included.
Certification by Clerical Department that Land Use Application is complete.
Initials of Clerical Staff:__________________________ Date__________
APPLICANT'S SIGNATURE
The applicant hereby agrees to provide all information required or requested by the Zoning
Administrator, agrees to pay additional fees (staff time not covered by original fee payment)
and/or unusual exper.ses incurred in review of this application, and certifies that the information
supplied is true and correct to the best of his/r.:.* ’.L-.owledge.
Applicant's signature ^ ______Date__
OWNER'S SIGNATURE
The owner hereby acknowledges and agrees to this application and further authonzea
reasonable entry onto the property by City staff, consultants, agents, commission members, and
Council members for purposes of investigation and verification of t.'iis request.
Date •A'XA.I
Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting.
Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all
scheduled review meetings of the Planning Commission and Council. If an applicant is unable to attend a
scheduled meeting, please make arrangements to have an authorized agent attend in your place and advise the
Building & Zoning Office of this change prior to the meeting.
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ROAERT A AETM ANN VORONYAK
179 SMITH AVE
RAYZATA MN SSS91
Si 92-117-2S 21 9927
9I27S LYMAN AVE
N Z A E T MCMILLAN
MOMARO A ELZZAAnN MCMILLAN
127S LYMAN AVE
RAYZATA Itl SSS91
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PROP Am
ORNER NAME
TAXPAYER
NANE/Am
Si 92-117-2S 21 992A
99199 SMITH AVE
THOMAS C HUNT
TMOMAS C NUNT
199 SHZTN AVE
RAYZATA IM US9I
Si 92-117-2S 21 9929
99149 SMZTN AVE
N N A N X NZCOLL
MATTNER N A MART X NZCOLL
149 SMZTN AVE
RAYZATA 191 SM91
Si 92-117-2S 21 99S9
999SA AOORESS UNASSlCNfO
MICHAEL 0 ROOO
RZCMAEL D ROOD
12S9 ROOOHILL AVE
RAYZATA MN SSS91
CQ
RUN DATE 99/9A/99
•ATCN S92
fmUPIN COUNTY PROPERTY INPORfUTTON SYSTEM
PROPERTY OMNERS LIST
REPORT NO. PI9S4991
PA8E S
PROP Am
ORNER NAME
TAXPAYER
NANE/Am
SA 92-117-23 22 999S
9924S ORONO ORCMARO tO S
VILLA0E OP
CITY OP
P 0 SOX 44
CRYSTAL OAT MN SSS2S
SA 92-117-U 29
Aim ROOONILL
JANt E DELANEY
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ISIS ROOONZLL AVE
RAYZATA m SSS91
9991
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SA 92-117-2S 29 999S
992A9 ORONO ORCHARD RO S
VICTORIA N RAZCNX
VZCTORZA N RAZCME
2A9 ORONO ORCMARO RO S
RAYZATA 101 SU91
PROP Am
ORNER NAME
TAXPAYER
NANE/Am
Si 92-1I7-2S 29 9990
912S9 ROOONZLL AVf
J V 1 V L RELSN
J0I9I V A VIR0ZNIA L RELSH
Itf9 ROOONIU AVf
RAYZATA 101 SSS91
SA 92-117-2S 29 9999
91249 ROOONILL AVE
CAN NAILS
CNARLU R I MARLA C NAZLI
1249 ROOONZLL AVf
RAYZATA Ml SSS91
SA 92-117-23 29 9911
91251 ROOONZLL AVE
AEVERLY N OROSSNAN
TIMOTHY • LAURIE MC COY
4427 PZMUCLE DR
EOCN PRAIRIE MN SSS94
PROP AOOR
ONN9R NANS
TAXPAYER
NAME/AOOR
Si 92-117-2S 29 9912
91291 ROOONILL AVf
0 L STORCN ASS STORCN
0ERUD L A SMELLY S STORCN
1291 NQOONILL AVf
RAYZATA 101 1U91
SA 92-117-23 29 9913
999SA AOORESS UNASSXOIED
LUCY C NZTCNELL ET AL
LUCY C NZTCNELL
1211 MOOONILL AVE
RAYZATA m US91
Si 92-117-2S 91 9992
999AS ED9EV000 KILLS RO
MARY JEAM« V iOREN
MARY JIAMIS V iOVEN
3S91 RUM ROM
NAPLES PL S9192
PROP Am
OMMER NAME
TAXPAYER
NANE/Am
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91991 EOAfNOOO MILLS RO
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MCLEOD CNTY RE0 RAIL AUTN
DAKOTA RAIL INC
25 ADAMS ST N
NUTCNINSON 101 1IS59
SA 92-117-2S 92 9992
•1911 EOAINOOO MILLS RO
0 ELOREDOI JACKSON III IT AL
D E A X X JACKSON III
1915 lOOEROOO MILL RO
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PROP Am
ORNER name
TAXPAYER
NANE/Am
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VAYZATA 101 15S91
SA 92-117-2S 92 9999
91941 EDCEROOO NZLLS RO
1941 EDCEROOO NULS RO
RAYZATA m S1S91
SA 92-117-2S 92 9911
•9321 ROOONILL RO
J L COMIER A 0 J PAULUCCZ
J L COM«R A 0 J PAULUCCZ
291 1ST ST M
SANTORO PL S2771
PROP Am
ORNER NAME
TAXPAYER
NANE/Am
Si 92-117-2S 92 9994
999SA AOORESS UNASSICNEO
THE MATURE CONSERVANCY
NATURE CONSERVANCY
ISIS STN ST S I
sum S19
MPLS 101 11919
Si 92-117-2S 92 9999
999SA Amiss UNASSZMEO
TNS NATURE CONSERVANCY
NATURE COIOERVANCY
ISIS STN ST S S
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WOODHILL COUNTRY CLUB I
200 WOODHILL ROAD
WAYZATA, MINNESOTA 55391
•173-7333
I
Orono Property ID numbers:
02-117-23 12 0001
02-117-23 13 0007
02-117-23 42 0012
Wayzata Property ID numbers:
02-117-23 11 0001
01-117-23 23 0002
01-117-23 23 0001
01-117-23 32 0002
01- 117-23 32 0001
02- 117-23 12 0001
02-117-23 13 0007
02-117-23 42 0012
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Board of Trustees:
Gordon M. Aamoth
Edward N. Dayton
David Delaney, Sr.
Kathleen G. Farley
Mama Fullerton
Roger Headrick
Andrew G. Hvunphrey
Mary Jackley
Patricia Jaffray
Stephen D. Keating
Rocel Kingman
Jean Krogness
Kent C. Larson
Charles M. Moos
Ede Rice
Robert Simmons
Roby C. Thompson
Officers:
D. Eldredge Jackson, III - President
Charles M. Kelley - Vice President
Secretary - Lili McMillan
Treasurer - Betsy Massie
400 Members have an Interest in Woodhill. I have listed only the
Trustees as they are the governing body. If all names are required
please advise.
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D. Eldredge Jackson, III, President
1055 Edgewood Hill Road
Hayzata, MN 55391
Charles M. Kelley, Vice President
2720 White Oak Circle
Orono, MN 55356
Lili McMillan, Secretary
1275 Lyman Avenue
Wayzata, MN 55391
Betsy Massie, Treasurer
2640 Marshland Road
Wayzata, MN 55391
Larry Ackman
Llndc[uist & Vennum
4200 IDS Center
80 South 8th Street
Minneapolis, MN 55402
Jim McCarthy
Lindguist & Vennum
4200 IDS Center
80 South 8th Street
Minneapolis, MN 55402
Ned Dayton
445 LeOce, #222
Wayzata, MN 55391
Mark Albrecht
200 Woodhill Road
Wayzata, MN 55391
A Vi o
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ROM : UOODHILL C. C.PHONE HO. : 6124730113 Hpr. 15 1999 09:03hM P2
m, Cr
WOODHILL COUNTRY CLUB
200 WOODHILL ROAD
WAYZATA. MINNESOTA 55391
473-7333
EXHIBIT A - LEGAL DESCRIPTION
L
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1.
2.
3.
The Northeast Quarter of Section 2, Township 117 North, Range 23 West,
Hennepin County, Minnesota, except that part of said section 2 embraced within
Woodhill Ridge, Woodhill Ridge 2nd Add., Edgewood Place, RLS #1596, RLS
#1098, Dakota Rail right-of-way and Burlington Northern right-of-way.
Part of the Northwest Quarter (NW 1/4) of Section 1, Township 117 North,
Range 23 West, Hennepin County, lying south of Burlington Northern right-of-
way and north of Dakota Rail right-of-way.
All that part of Lot Thirty-four (34) in Auditor's Subdivision #45 lying South of
Burlington Northern right-of-way and north of the Dakota Rail right-of-way.
I JL
I LINDQUIST & VENNUM p.l.l.p.
4200 IDS Center In D enver
80 South Eighth Street Lindquist , vennum & Christensen p l.lp.
Minneapolis . Minnesota 55402-2205 600 17th Street . Suite 2125
Telephone : 612-37i^2i i D enver , Colorado 80202-5401
FAX: 612-371-3207 TELEPHONE; 303-573-5900
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Attorneys At Law
James P. McCarthy
(612) 371-3238
jmccarthy@Iindquisl.com
April 16.1999
DELIVERY VIA MESSENGER
Mr. Michael Gaffron
Senior Planning Coordinator
City of Orono
2750 Kelley Parkway
Orono, MN 55356
RE: WOODHILL COUNTRY CLUB
Dear Mike:
I am enclosing several Items to supplement the Application of Woodhill Country Club to
amend its 1968 Conditional Use Permit. Enclosed is a description of the amendment
request and following surveys and maps:
1.
2.
3.
4.
Survey of Woodhill Avenue access as of August, 1998 (three (3) large
and fifteen (15) small copies):
Maintenance Facility Plan, dated September 26,1988, showing
maintenance facility and surrounding road (three (3) large and fifteen (15)
small copies);
Survey of the north half of Section 2 showing entire Woodhill Country Club
area prepared by Hennepin County General Services Department (three
(3) large and fifteen (15) small copies):
Section map of Woodhill Country Club area with drawing to show
approximate location of internal driveways and buildings.
The application and supplemental materials have been submitted, although I have not
yet received a signed agreement with Cliff Greene concerning the agreed terms on
which the triai was postponed. Cliff has, however, made a verbal assurance that the
terms are acceptable. The application and supporting materials are submitted subject
to the receipt of the signed agreement concerning the postponement of the trial in the
lawsuit.
Doc#m3200\l
LINDQUIST & VENNUM p.l.l.p.
Mr. Michael Gaffron
April 16,1999
Page 2
If you should have any questions, please feel free to contact me at 371-3238.
Very truly yours.
LINDQUIST & VENNUM P.L.L.P.
mes K McCarthy
JPMc/klb
Enclosures
cc: Mark Albrecht
Edge Jackson
Larry Ackman
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APPLICATION OF WOODHILL COUNTRY CLUB
This application is submitted in an effort to resolve the lawsuit between Woodhill
Country Club and the City of Orono. Woodhill has agreed to submit this request for an
amendment to its 1968 Conditional Use Permit without prejudice to Woodhill's position
in the pending lawsuit.
Pursuant to this understanding, Woodhill Country Club requests a reaffirmation of its
1968 Conditional Use Permit to use its property as a golf course and country club with a
primary and secondary access to public streets. In a good faith attempt to resolve the
current lawsuit, Woodhill will agree to and request that its 1968 CUP be amended (i) to
acknowledge certain basic rights of access to Woodhill Avenue, and (ii) to impose
certain new restrictions and conditions on Woodhill ’s access to Woodhill Avenue.
REQUEST FOR AMENDMENT OF 1968 CUP
Woodhill requests that Its 1968 Conditional Use Permit be amended to acknowledge
expressly Woodhill ’s following rights of vehicular access to Woodhill Avenue:
1. Woodhill can maintain an unbarricaded access to Woodhill Avenue.
2. Woodhill can gate and maintain control of the entrance to the Woodhill
property at Woodhill Avenue.
3. Woodhill Avenue access shall be available at all times to Emergency
Vehicles (police, fire, ambulance, and utility).
4. Woodhill Avenue access shall be available for entrance and exit by
Woodhill members and Invited guests between 7:00 a.m. and 8:00 p.m.
during the days that Woodhill is open. (Woodhill is closed during the
month of March and on Mondays, unless Monday is a public holiday, in
which case the club closes on Tuesday.)
5. Woodhill Avenue access shall be available for transporting Woodhill
tractors to and from Long Lake for repair.
6. Woodhill Avenue access shall be available for general access if the
Woodhill Road access to Country Road 15 is temporarily blocked (subject
to reasonable notification to the City of Orono and affected neighbors).
7. Woodhill Avenue shall be available for access under the terms of that
certain Easement Agreement, dated October 5,1987 between the City of
Orono, Woodhill Country Club and MSM Associates (“Easement
Agreement").
Consistent with the other rights under the 1968 CUP, the basic rights of access listed
above shall not be either revocable, for a limited time or subject to further review for the
purpose of change or revision except as permitted in Orono Code §10.09, subd. 11.
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As part of its agreement that the following types of access to Woodhill Avenue can be
deleted from the 1968 CUP, Woodhill requests that its 1968 CUP be amended to
require further review by the City of Orono or further amendment of Woodhill’s
conditional use permit in the following instances:
1.
2.
3.
4.
5.
6.
7.
Conversion of the Woodhill Avenue access into the main entrance for
Woodhill on a permanent basis.
Woodhill Avenue as an entrance or exit by delivery, taxi, service or other
commercial vehicles.
Woodhill Avenue as an entrance or exit by the general public.
Woodhill Avenue as an access at time periods other than those allowed in
the Basic Rights defined above.
Expansion of Woodhill’s west driveway between the maintenance building
and Woodhill Avenue.
Bituminous paving of the driveway abutting Woodhill Avenue.
Signage concerning Woodhill on Orono Orchard Road.
Woodhill further requests either amendment to the 1968 CUP or acknowledgment by
resolution that the right of access to the Woodhill property exists independent of any
CUP process in the following two circumstances.
1.
2.
Under the terms of the Easement Agreement.
If all access from Woodhill to County Road 15 is permanently blocked as
a result of either Highway 15 alteration or improvement or because of the
railroad right-of-way, the right of reasonable access to the Woodhill
Property is required and is not subject to revocation through the CUP
process.
DESCRIPTION OF DRIVEWAY, GATE AND SIGNAGE
A gravel road bed from the end of the current bituminous paving on Woodhill Avenue to
the Woodhill maintenance building has been in existence for over 100 years. Between
the Woodhill property line and the current asphalt, the road bed is approximately 60 feet
long. The road bed has been refreshed with gravel and bladed with varying degrees of
frequency over the past 100 years. Last May, Woodhill refreshed the entire west
driveway and gravel portion of Woodhill Avenue with two to four inches of Class V
gravel. The gravel was placed only on top of the pre-existing road bed. Two chain
posts were removed and the road was cleared of vegetation and overhanging
branches. Minimum sight lines were cleared. Woodhill did not change the grade level
or location of the 100 year old gravel road bed.
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The following safety measures have been, or will be, implemented:
1. Stop Sign - Westbound
2. 10 Miie-Per Hour Speed Limit - Signs In Both Directions
3. No Left-Turn Sign - Westbound Signs
4. Gravel Paving
5. New Gate
6. Sight Lines
7. Landscaping
8. Uniform Hours
A stop sign is placed on the westbound lane at the point where the gravel portion of
Woodhill Avenue meets the bituminous portion of Woodhill Avenue. A no-left turn sign
was placed to Indicate no turns onto the private road of the Woodhill Ridge
development. A 10 mile per hour speed limit sign will be posted in both directions.
Woodhill believes that the reduced speed limit Is an appropriate safety measure, as are
the stop signs and no-left turn signs.
Similarly, the gravel pavino will also serve to slow traffic and to attract less use. The
gravel will be maintained on a regular basis and will provide adequate road structure for
the limited amount of traffic anticipated for this access point. This type of gravel paving
has been utilized at this exact location for equal or greater levels of traffic for many
decades.
A new gate will be constructed for Woodhill Country Club. This gate will be located on
the Woodhill property ten to fifteen feet east of the Woodhill property line. The gate will
be dual swinging and will be locked in the center. The lock device can be utilized by
emergency vehicles. Both the post and the gate will be constructed of a sturdy material
to provide adequate security. Covering materials for the gate will be chosen to blend in
with the surroundings.
Sight Line Cleaning and Landscaping will be undertaken as necessary, but not in a way
to attract increased use of the back entrance. Since after-dark use is not contemplated,
no additional lighting of the area is proposed.
Woodhill proposes that the access be open during uniform daytime hours . Regular
daytime hours will promote safety by creating uniform expectations for neighbors and
members. Such hours will minimize turnarounds. They will not require neighbors or
residents to consult watches and calendars when using Woodhill Avenue.
If the City believes it desirable to have different or additional signage, different paving of
Woodhill Avenue, or different paving of the west driveway between the Woodhill
maintenance building and Woodhill Avenue, Woodhill is willing to discuss such
alterations to the existing driveway and street.
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ZONING STATUS
Woodhill Property currently zoned an RR-1B and was formerly zoned R-1BB. Ever
since the adoption of the current zoning district system in the City of Orono, golf
courses and country clubs have been conditional uses in the RR-1B (formerly R-1BB)
districts. On adoption of the new zoning system, Woodhill applied for and obtained a
conditional use permit in 1968. The 1968 CUP is attached as Exhibit 1. The 1968 CUP
placed no time period and imposed no conditions other than operation as a golf course
and country club. All current and former city staff and the council member who moved
the 1968 CUP agree that the Woodhill permit was for a permitted conditional use, not a
non-conforming use.
The CUP permit shows both the 'A/o^dhill Road access to County Road 15 and the
west driveway access to Woodnn Road. (Robert Searles, the Orono council member
who moved to grant the 1968 CUP, testified that he knew and used Woodhill Avenue,
believed that Woodhill Avenue access to be part of Woodhill ’s CUP application and
intended the CUP to allow unrestricted use of the Woodhill Avenue access.) The 1968
CUP to operate W'oodhill Country Club as a golf course places no limitation on the use
of the west access to Woodhill Avenue.
The "use" authorized by the 1968 CUP - golf course and country club - has never
lapsed and the 1968 CUP remains in full force and effect. Various levels of pedestrian,
bicycle, and vehicular traffic on Woodhill ’s primary and secondary access have not
caused the 1968 CUP to lapse. Neither the 1968 CUP nor any Orono ordinance places
any minimum level or frequency of pedestrian, bicycle, or vehicular traffic necessary to
retain the right of access mcognized in the 1968 CUP.
Since 1968, Woodhill has obtained additional conditional use permits for the
construction of three new structures (tennis courts, maintenance building, and a pump
house) that were not shown or Included on the 1968 CUP application (unlike the
Woodhill Avenue access) and a land alteration permit in connection with work on a
driving range.
The driveway on the Woodhill property that runs west from the maintenance building to
the western properly line of Woodhill Country Club is not a “private road ” under the
Orono ordinance k is simply a driveway located on Woodhill ’s property. The driveway
abuts a public -ireet.
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WOODHILL AVENUE: A PLATTED AND OPENED PUBLIC STREET
FROM ORONO ORCHARD ROAD UP TO THE WOODHILL COUNTRY
CLUB PROPERTY LINE.
This street was initially platted and opened as a public street in 1887. The eastern 150
feet of Woodhill Avenue has always curved to the south outside of the 1887 platted
right-of-way to avoid a steep hill. Although not in the 1887 plat, this portion of Woodhill
Avenue has been a dedicated and open public street since it was dedicated by
common law by the prior owners of the property, John Pillsbury and Alfred Crosby.
(Affidavit of John Pillsbury.) Once the street was dedicated and used, it became an
opened public street that can be closed only by public vacation proceedings which have
never occurred. To the contrary, in 1987, this common law dedication of the last 150
feet of Woodhill Avenue was incorporated into a formal plat, extending in a triangle line
from the original 1887 plat up to the Woodhill Country Club property line. The City of
Orono has a duty to maintain a platted and opened public street and abutting land
owners have a property right of access.
In 1988, Woodhill Avenue was widened and paved. The parcel of Woodhill Country.
Club abutting Woodhill Avenue (PID No. 02-117-2312-0001) was specially assessed
$9,464.70 by the City of Orono for the improvement and the bituminous paving of
Woodhill Avenue. Since state law flatly prohibits the imposition of special assessments
on parcels of land that are not benefitted by improvements, the Woodhill property is
deemed by law to be benefitted by the Woodhill Avenue paving.
HISTORICAL USE OF WOODHILL AVENUE ACCESS
For many years Woodhill Avenue, formerly “Hamlet Street," was the only public street
access to the farm property now utilized by Woodhill (the original farmhouse and barns
were located in the general vicinity of the current barn and maintenance building).
Since approximately 1917, Woodhill Avenue has served as the secondary access to the
country club. The primary traveled access is from Woodhill Road to County Road 15.
From 1917 until 1980, Woodhill Avenue was used regularly by club members, guests,
employees, and service and delivery vehicles. Over the years, Woodhill has had
various types of gates on its west driveway, which have been opened and closed at
various times. Since 1980, WCC has voluntarily limited access to pedestrians,
bicyclists, and very limited vehicular traffic (maintenance staff and maintenance
equipment). In 1980, a new chain was run between new concrete posts which were
placed to allow vehicles to pass if the chain was removed.
When Woodhill voluntarily imposed the limitations on vehicular traffic in 1980, the
President of Woodhill wrote to the City of Orono as follows:
Doc# 1II3102M
As you know, by taking this action we do not , in any way,
want to limit our right to use the back entrance , should future
circumstances warrant a change in this decision, (emphasis added)
In 1987, the Orono City Administrator wrote to the Orono City Council stating:
It is our present understanding that Woodhill could
begin utilization of this access at any time they choose.
Pedestrian and bicycle use has increased in the past years with the increased
popularity of both bicycling and exercising. Since 1980, the driveway has been used
only for the vehicles of the maintenance staff and certain maintenance equipment,
when it is brought to Long Lake for repair. On at least two occasions since 1980, the
Woodhill Avenue access was used as the general entrance to Woodhill because train
derailment and track construction temporarily blocked any access to County Road 15.
CURRENT AND FUTURE TRAFFIC AND SAFETY CONCERNS THAT REQUIRE
FULL RESTORATION OF DUAL ACCESS TO WOODHILL COUNTRY CLUB
Woodhill Country Club has had a dual access to its property since 1917. Woodhill
Avenue has always been the secondary access, except on those occasions when
County Road 15 access has been temporarily blocked. Since 1980, the traffic and
safety concerns surrounding Woodhill Country Club has changed dramatically.
Traffic on County Road 15 has increased greatly in both volume and speed. Daily
traffic counts increased from approximately 5,000 cars per day to over 20,000 currently.
The construction on Highway 15 last summer (1998) and this summer (1999) have
raised special problems for use of Woodhill Road. Sight lines have been blocked and
access has been very difficult. After construction is done, the improvements to County
Road 15 will only foster Increased traffic and increased speeds on the highway. The
raised elevation of the highway has made the approach from Woodhill Road steeper
and more difficult to traverse in winter conditions. Woodhill members who live to the
west and north of the Club (e.g. Lyman Avenue, Long Lake, Medina) currently drive
down Orono Orchard Road, take' ,ft on Highway 15 going east, and then another left,
across oncoming cross-traffic to enter on Woodhill Road. These turns can be
dangerous at any time of the day. They are particularly dangerous and difficult during
heavy traffic periods. The turns pose dangers to children being transported to the club
and teenage and elderly member drivers. The turns are completely unnecessary if
those members were able to utilize the Woodhill Avenue access to the country club.
Any reduction of cross-traffic turns on Highway 15 will Improve safety, not only for
Woodhill families but also for a*l Orono citizens and for the general public traveling on
Highway 15.
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There are no reasonable alternatives to addressing these safety concerns, other than
through the long-used secondary access at Woodhill Avenue. The dangers associated
with Highway 15 arise not just from the construction activity, but will continue after the
road is improved. The improved road will attract more traffic which travels at a higher
rate of speed. In terms of secondary access to a public street, Woodhill Avenue is the
only available access. On the east, north, and south, the Club is land-locked by
railroad tracks and highways. On the southwest and west sides, Woodhill Avenue is
the only point where the Club owns property that abuts a public street. There is no
other location that Woodhill could use without having to acquire property rights and
build a road. In contrast, Woodhill Avenue is a century-old road that abuts the Woodhill
property. Given the historical use of the road, Woodhill has a constitutionally protected
property right of access to Woodhill Avenue. The driveway on the Woodhill property
and the public street abutting the property can be used without any purchase of
additional property. Woodhill Avenue also provides the shortest connection to any
public street. Acquisition of property and construction of a new road through a different
neighborhood would disrupt more homes and create greater construction problems
than the removal of the chain on the century-old access at Woodhill Avenue.
The membership size and activitv level at Woodhill Country Club have not changed
greatly since the issuance of the 1968 CUP. Family memberships are kept at 400,
which was the approximate membership size in the 1960’s. Many members do not
actively use the club facilities. The popularity of golf has increased, however, there is a
decrease in tennis activity. Horse-riding and skeet shooting have been eliminated at
the club. Social activities remain approximately the same. Woodhill has fairly limited
social use of the club facilities in comparison to other country clubs. For example,
parties including non-member invited guests are currently scheduled on only 14 of the
153 days in the five-month period between May 1 and September 30,1999.
Use of the Woodhill Avenue access will be made almost exclusively by those members
whose homes are geographically located to the west and north of the club. With the
westward expansion of the suburbs, more members now live to the west and north of
the Club than in previous decades. The maximum number of active members who live
in this limited area would utilize it on any given day is unlikely to ever exceed 50. Most
days, the number of active users is more limited. Woodhill estimates that traffic will be
in the range of 20 to 30 trips per day on weekdays, and possibly 60 on weekend days in
the summer months of June and July. This number will be reduced in May, August, and
September and will be greatly reduced during the periods of October through April. The
Club is closed during the month of March.
The restoration of dual access for vehicles to the Club will improve overall safety for
Woodhill Country Club members, their guests, residents surrounding the Club, and the
general public. Currently, all traffic from the country club (members, guests,
employees, and service and delivery vehicles) is routed along Woodhill Road which
Doc«M113102M
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also serves 11 families (compared to 6 homes on Woodhill Avenue). It will improve
traffic safety for everyone on County Road 15. It will also greatly increase traffic safety
for those members who live to the west and north of the Club. As discussed below, it
will not create any substantial traffic impact on Woodhill Avenue.
WOODHILL AVENUE CAN SAFELY HANDLE THE LIMITED TRAFFIC FROM
WOODHILL COUNTRY CLUB
The anticipated level of traffic on Woodhill Avenue will be less than the traffic during the
many decades Woodhill Avenue was a gravel road. During those decades, there was
no hour limitation and no limitation on commercial or delivery traffic. It was used by
members, guests, and employee families who lived in two homes on the Woodhill
property near Woodhill Avenue, and their guests, as well as by numerous delivery and
service vehicles, including large oil delivery trucks, food trucks, and septic tank trucks.
The conditions proposed in this application severely limit the scope of the access. The
22' wide bituminous paved Woodhill Avenue is more than adequate to handle an
additional 20 to 60 trips per day. Woodhill Avenue is wider than and paved as well as
Woodhill Road that currently carries all club vehicular traffic.
The anticipated traffic from the country club on Woodhill Avenue is not appreciably
greater than the traffic on Woodhill Avenue at the time the three houses with driveways
directly onto Woodhill Avenue were built. Indeed, there was probably more traffic at
that time from the barn, horse stable, skeet range, and employee houses. This is
particularly true of the Wood ’s residence, which was built in the late 1950 ’s. The two
residences located at the intersection of Orono Orchard Road and Woodhill Avenue
have a limited impact from the restoration of the Woodhill Avenue access.
Approximately the same number of cars would pass by these residences since the
persons who will use the Woodhill Avenue access currently pass by those two houses
on Orono Orchard Road to and from County Road 15.
There are currently three homes located in the Woodhill Ridge development that have
driveways that access the private road, which in turn intersects Woodhill Avenue. The
distance from the garage of the cul-de-sac (Mailie residence) to the Woodhill Avenue
intersection of the Woodhill property line is only slightly less than the distance from
Orono Orchard Road to the Woodhill property line. Given the large lots and long
driveways of the three homes in the Woodhill Ridge development, these houses will
have no club traffic directly in front of their houses. Given the location, width, and
length of their private road, there is more than adequate distance to enter and exit their
driveways safely without encountering any traffic from Woodhill Country Club. The no
left turn sign currently placed on Woodhill Avenue and the natural flow to Orono
Orchard Road should prevent any use of the private road by Woodhill members.
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Furthermore, Woodhill will provide periodic reminders to club members concerning the
traffic rules and safety concerning the Woodhill Avenue access.
The entrance from the Woodhill Ridge private road onto Woodhill Avenue does not
pose any significant traffic hazard. The 10 mile per hour speed limit, gravel paving, and
stop sign will slow and then stop all traffic exiting from the country club. These three
homes would yield extremely limited number of trips per day from the private mad onto
Woodhill Avenue. If the Woodhill Ridge owners desire, the intersection could be turned
into a three-way stop sign, although it is unclear that additional stop signs are desirable.
Two neighbors have voiced concern about their school-age children. The large lot size,
long driveways, and the long private road place an adequate distance between any
Woodhill Country Club traffic and the children in the immediate vicinity of their homes.
When children proceed down their driveways and private road to the intersection with
the public street, the stop sign, reduced speed limit, and no-left turn provide greater
protection than found in most intersections of driveways or private roads with public
streets. While pedestrian or bicycle use by children of the public street will expose the
children to a greater level of traffic on Woodhill Avenue than is present today, the level
of traffic is substantially less than the level of traffic usually encountered on residential
public streets in Orono and elsewhere.
Traffic levels are not greater than the historical levels of Woodhill Avenue prior to the
1980 limitations on vehicular use of the access. While the anticipated levels are greater
than they had been during the more recent years, the projected traffic level does not
constitute a high level of traffic for a residential, public street.
The opening of the access should have no effect on the level of traffic on Orono
Orchard Road. Most of the anticipated usage the Woodhill Avenue access will have will
come from members who would otherwise drive on Orono Orchard Road to and from
County Road 15.
Doc<< 'M3I02\I
?4flllage of Orono
pDITIOKAl USE PERlfflTto. -*-Dsts
For No&*Con£orBlng Uso
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Case No.__
VILLAGE OF ORONO "
w:>'!tal Bay, Minnesota
(Complete in Duplicate)
Bn T
and for retoning^**dlviding or^consolidatln® '**« permitsstreets, alleys and varianlel! parcels of land, vacating
Tony Kallas Address 900 Shoreline DrwT - - - - -
Applicant (other than owner): Name Phone tlT.
Address ■
Engineer: Name_ _
Land Planner: Name
Subdividar: Name
Relationship to Owner
Location (How do we find it?)
Phone No.
Phone No.
Phone No.
Legal Description:
Date Acquired
Date of last division of this pruperty
Do you own any adjoining prcperty?^
Plat 41302T Parcel 3802_ _ _
Area (sq. ft.) ISO Ac Separate Ownership
Single Ownership
_Non^CgnPoralny
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• Inspection Dept: yn
'x^dministrator:
Village Council:
Village Engineer:
J
Signature of Applicant
record of action TAKEN
Action
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\viiiage Attorney:
Planning Commission: jj
\Village Council: ^03^ MdyOf
Permit Issued: Date tEP 1 3 1908
✓ X
■C-ond^ion of Non-Conforming Use:
Approximately 150 acres in Orono. Club house and various accessory
buildings for entertainment. Private club.^ •
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Page 3
VILLAGE OH ORONO
questionaire for existing non -conforming conditional use , permit application
1) Name of business and owner
address of property where business is conducted
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3) Date business began Zf^
STATUS OF BUSINESS fN MARCH 11. HS7
1) WI^ was the nature cf your business on this date^-Z^
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2) How many buildings of what type and sire, and location were used for
your business on this date /L
How much and what kind of equipment used for business on this date
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STATUS OF BUSINESS ON MARCH 10, 1967
1) What was the nature of your business on this date
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3) How much and what kind nf ' -- - - --- --kind of e,uip„„, „3.,
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EXISTING CONDITIONS EXHIBIT
PREPARED FOR
WOOOHILL COUNTRY CLUB
SATHRE-BERGQUIST. INC.
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’ 04/30/99 15:38 NO.583 P0O2
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LINDQUIST & VENNUM p.l.l.p.
4200 IDS CCNTCA IN OENVtiV
00 South EKJ hth Sthsct Lihoquibt. vem>«v;m a p
Minncapous. Minnesota 55402-2205 COO i7THST«enr^Suite 2125
TcuiPMOMC: 612-371^211 OiWER. COv0AAOO60202«5401
PAX: 612471-3207 tSlfePHONC: 303-5734900
ArrORNr^'sATUw
Jumcs P. McCarthy
(512)3710233
jmccarlhyiRhndquisi.Ccni
April 50.1999 ■
VIA FACSIMILE TRANSMISSION and FIRST-CLASS MAIL
Mr. Michael Gaffron
Senior Planning Coordinator
City of Orono
2750 Kelley Parkway
Orono, MN 55356
RE:WOODHILL COUNTRY CLUB PROPOSED AMENDMENT TO
1968 CONDITIONAL USE PERMIT
Dear Mike:
I am enclosing a copy of the report prepared by the Parsons Brinckerhoff firm,
analyzing the traffic Impact of Woodhill’s proposed CUP Amendment. I am enclosing a
copy of the original report and two copies. If you need additional copies, please contact
me and I will have them forwarded to you immediately.
You have also already received three engineering plans from Coffin & Gronberg. The
first shows the existing access area with proposed gate and signage. The second
drawing Incorporates various improvements suggested by City Staff. The third drawing
shows drainage compulations.
The work submitted to you by the Coffin & Gronberg engineering firm and the Parsons
Brinckerhoff engineering f rm contains more detailed descriptions of the roadways and
proposed signs then were In the narrative portion of Woodhill’s CUP Amendment
application. Both the dimensions of roads and placement of signs, etc. contained in the
engineering reports supercede the descriptions contained in Woodhill’s CUP
application. If It would be helpful for either you or the City Council, I would be happy to
submit an updated version of the CUP Application incorporating the details contained in
the engineering reports. Please let me know how you would like me to proceed in that
regard.
Do<*lll74«3\t
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' 04/30/99 15:38 MO.583 P003 I
LINDQUIST & VENNUM p.l.u.p.I
Mr. Michael Gaffron
April 30,1999
Page 2
I
If you should have any questions regarding the report or any other matter concerning
the application for amendment to the 1968 CUP, please feel free to contact me at
371-3238.
I look forward to reviewing a draft of the staff report so we can address any questions or
concerns the staff may have.
Very truly yours,
LINpQUIST & VENNUM P.L.L.P,
Jamfes P. McCarthy ^ ♦
JPMc/klb
Enclosures
cc: Mark Albrecht
Edge Jackson
Tom Kellogg, City Engineer
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Brtnck^rhoff
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510 First Avenue North
Suite 550
Minneapolis, MN 55403
612-371-0443
Fauc: 612-371-4410
-ICOYWAM A
April 30. 1999 MAY 0 3 1999
Mr. James McCarthy
Lindquist & Vennum
4200 IDS Center
80 South Eight Street
Minneapolis. MN 55402-2205
Cl i V Or Oi iC’.vO
Re;Woodhill County Club
Traffic Access
Dear Mr. McCarthy.
Parsons Brinckerhoff. Inc. is pleased to present a traffic study examining the impact on traffic
patterns and traffic safety by Woodhill County Club's proposal to restore regular vehicular
access to Woodhill Avenue. The information contained in the traffic study was obtained from on
site observations, the City of Orono, Hennepin County. Minnesota Department of Transportation.
Woodhill s proposed amendments to its 1968 Conditional Use Permit, Woodhill’s By-Laws,
Coffin & Gronberg Inc. engineering plan dated 4/23/99. and accepted pri.ndples of traffic
engineering.
Our report provides a review and summary of the:
Existing Access Description and Issues
Woodhill’s Proposed Use of its Secondary Access to Woodhill Avenue
Traffic and Safety Impacts of Proposed CUP Amendment
SUMMARY OF CONCLUSIONS
Woodhill County Club’s CUP amendment proposal will have a minimal impact on Woodhill
Avenue and the Woodhill Ridge development. It will improve safety for Woodhill families and
overall improve traffic safety in Orono. on Woodhill Road. Woodhill Avenue, CR 15, and Orono
Orchard Road.
EXISTING ACCESS DESCRIPTION AND ISSUES
The Woodhill Country Club is served by two access points. The south access (Woodhill
Road) is the main entrance to the club. The west access (Woodhiil Avenue) has been a
secondary access since the club was built in 1915-1917. A history of the club's use is
contained in Woodhill *s CUP application. The access has not been used for regular
vehicular traffic since 1980.
Unlike most county clubs, Woodhill has a very defined set of rules on membership size
and use of the club outside of family social occasions Family memberships have been
limited to about 400 for decades, resulting in less daily activity and special social
activities than most clubs As described in this section, the club places significant
constraints on members using the club for any political or business entertainment
purposes. These limitations result in relatively lower levels of traffic in and out of the
club
0v9ra Cantury of
Mnglnoorlng MxaoUeneo
10Q Woodhill RoadVtARM
Geometries
Wot'dhill Road is a local residential roadway connecting Woodhill Country Club and CR
15 over a distance of approximately 1200 feet. Woodhill Road serves eleven residential
homes and is the main entrance to the Woodhill Country Club. The roadway is paved,
curvilinear in nature, with a width varying from 18' 4" t o 21 ’ 6 ".
Traffic Volumes
Woodhill Road traffic volume counts we'^e taken by the City of Orono on Friday
September 25th through Sunday September 27'^. Tuesday September 29''’ through
Wednesday September 30“’. and Thursday October 1*' through Friday October 2"''.
1998. The traffic counts indicate an average weekday traffic volume of 20 to 40 vehicles
per hour on the roadway. During the weekend, traffic averages around 25 vehicles per
hour.
The exceptions were a short spike on Thursday night when 160 vehicles used the
roadway in one hour (6;00-7:00PM). and on Saturday night when 65 vehicles in one hour
(7;30-8;30PM) used the roadway. This increase in traffic correlated to a wedding
reception being held at the club. We have been informed that the club's 1999 social
event calendar indicates this type of event will occur approximately 15 times between
May 1 and September 30.
The club‘s bylaws place unusual limitations on usage for business and civic purposes.
Business and political entertaining is prohibited and civic and non-profit functions
require executive committee approval:
Policy if 1... The Club prohibits the use of its facilities for commercial or political
purposes.
Policy ff2... With prior approval of the Executive Committee, a civic or non-profit
organization may on occasion use the Club facilities for social purposes if
sponsored by a Family Member.
Even including these higher usage periods, average weekday traffic on Woodhill Road
was approximately 400 vehicles, and average weekend traffic was approximately 500
vehicles. This number will be greatly reduced during the winter months of October
through April, with the club being closed in March.
Intersection with CR 15
Woodhill Road's intersection with CR 15 is located on a generally level segment of CR
15. Hennepin County is in the process of upgrading CR 15 from a two-lane roadway to
a two-lane roadway with a two-way center left-turn lane and right-turning lanes at
driveways and roadways.
In addition to the widen! ig. CR 15 is being redesigned with super-elevation around the
slight curve near Woodhill Road (source; Hennepin County DPW). As a result. Woodhill
Road is being raised by approximately one foot. Because of the adjacent crossing of
the railroad tracks, which fixes the roadway elevation, the combination of widening and
raising CR 15 increases the slope of Woodhill Road at its approach to CR 15. This
creates the non-optimum situation where the vehicle must wait for a gap in traffic on the
Ovar a Cantury of
ttnglneerlng Mxeallanea
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ttA;>S upgrade of a hill. The situation restricts the exiting vehicle's line of sight due to the
incline of the vehicle and may restrict acceleration during snow and ice conditions.
Emergency Access Issues
Woodhill Road also serves as the only access point to the 11 residential homes and
Woodhill County Club for emergency vehicles. This results in several safety problems
unique to Woodhill Road:
Woodhill Road is crossed by railroad tracks which are occasionally blocked by slow-
moving (10 mph) trains twice a day. eliminati.ng any emergency response
possibilities until the train passes.
Trains using the railroad tracks have occasionally derailed and blocked access.
Any derailment can block access to the eleven homes and county club for several
days.
Emergency vehicle access to the Country Club could be cut off by an accident
along Woodhill Road. The distance from CR 15 to the areas most likely to have a
need for emergency medical care or fire suppression would be difficult to reach
effectively in a blocked condition.
While Woodhill Road meets AASHTO A Policy on Geometric Design of Highways
ana minimum residential street guidelines of 18'. the roadway's width
(sectiii .'j of 9 ■ lane width) could block emergency vehicle access to the Country
Club i:. a stalled vehicle situation, particularly in winter snow storage conditions
Woodhill County Club is served by Long Lake Fire Department and Ambulance, located
northwest of the club at the intersection of TH 12 and Brown Road Emergency vehicles
do not currently have any alternative access.
Woodhill Avenue
Woodhill Avenue has been a secondary access since the club was built in 1915-1917.
Since 1980. the access has been used for transportation of club maintenance
equipment to long lake, but has not been used for regular vehicular traffic. Pedestrian
and bicycle access has always been maintained.
Geometries
Woodhill Avenue is approximately 875 feet in length and serves as a local public street
to six residences and the western access to the Woodhill Country Club. The roadway is
generally level and straight in nature, with a slight bend in right-of-way alignment
approximately 200 feet from its eastern terminus at the Woodhill County Club property
line. A private residential roadway to the south joins Woodhill Avenue approximately 90
feet west of the Woodhill property line. For a majority of its length the roadway traverses
a wetland, and no driveways exist or are possible.
Woodhill Avenue is approximately 24' 9 " in width throughout its length. Near the
intersection with Orono Orchard Road the roadway widens to 25 ' 2 " before flaring into
the intersection. Woodhill Avenue is 3' to 5' wider than Woodhill Road (18 ' 4 "-21
’ 6 ") and approximately the same width as Orono Orchard Road (25 ’ 2 ") between
CR 15 and Woodhill Avenue.
Ov»r a Cantury of
Mnginooring Exeatlaoeo
mM- ars>- •%.
100rtAna Woodhill Avenue was substantially improved in 1988 when the Woodhill Ridge
development was built. Woodhill Avenue was widened from a “ 20 foot graded and 16
foot bituminous surface ” (1987Bonestroo Rosene Report on Woodhill Avenue Street
Improvement) to 25 ‘ in width and an asphalt base.
Traffic Volumes
Woodhill Avenue serves approximately 60 vehicles a day (based on national averages
of 10 trips/household). The City of Orono performed a traffic count on December 12.
1998, indicating an ADT of 47 vehicles, confirming the general traffic volumes on the
roadway. Hennepin County traffic mapping indicates Orono Orchard Road has a traffic
volume of approximately 1800 vehicles a day.
Intersection with Orono Orchard Road
The "T " intersection is stop-sign controlled for Woodhill Avenue only. The stop sign is
located on the left side of the approach to enhance its visibility to approaching vehicles.
To conform to Manual on Uniform Traffic Control Device {MUTCD) guidelines.
Woodhill‘s CUP amendment recommends a second stop sign on the right side of the
roadway.
Orono Orchard Road is signed for 30 mph and follows a generally curving alignment.
Orono Orchard Road is 25' 2 " wide south of the intersection, widens to 40 ’ 3 ’’ north
of the intersection, and located on a 66 foot of right-of-way.
To the north of the intersection, there is a clear distance of approximately 400 feet and to
the south there is a clear distance of approximately 200 feet. The 200 feet can be
enhanced to 300 feet by removing five feet of overgrown vegetation in the public right-
of-way.
These distances are within the required stopping sight distance as contained in the
Policy on Geometric Design of Highway and Street published by the American
Association of State Highway and Transportation Officials for 30 mph and roadways with
a 5% downgrade. To produce conservative estimates, the calculated distances assume
a wet roadway surface and a vehicle with worn tires. The stopping sight d‘5*ance allows
a vehicle on Orono Orchard Road to stop prior to Woodhill Avenue.
County Road IS
OR 15 serves as the area ’ s primary east/west roadway and connects communities
along the north shore of Lake Minnetonka and further west to TH 12.1-394 and the Twin
Cities to the east. The speed limit is 50 mph at Woodhill Road.
Geometries
The roadway is presently under construction, and will be expanded from a two-lane
roadway to a two-lane plus two-way center turning lane roadway. In the westbound
direction, right-turn lanes will be added at Woodhill Road. Russel Avenue, and Orono
Orchard Road Following construction, the roadway will be signed for 50 mph at
Woodhill Road and transition to 35 mph at Orono Orchard Road.
Traffic Volumes
Average daily traffic volumes on CR 15 have increased from 13,000 vehicles in 1978 to
approximately 21.000 vehicles in 1998. an increase of 60% in traffic over the last 20
years, or a growth rate of approximately 3% a year.
Over a Century of
Englnaarlng BxccUanca
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100riAXS Fulure traffic volumes on CR 15 east of Orono Orchard Road are predicted in Hennepin
County ’ s long-range Tran$:portation System Plan (TSP) to be approximately 24,500
vehicles by the year 2010, and approximately 27,000 vehicles in the year 2020. The 20
year projection constitutes a 30% increase in traffic over existing volumes.
Using Mn/DOT State Aid Design Criteria guidelines, roadway between 15,000 to
30,0000 vehicles per day are typically built with four travel lanes To reflect the limited
access nature of CR 15 east of Orono Orchard Road, and the environmental constraints,
the roadway has been redesigned as a single through lane in each direction, with a
center left-turn lane, for a three lane cross-section.
intpraection with Orono Orchard Road
The intersection of Orono Orchard Road is difficult for vehicles on Orono Orchard Road
and dangerous for through traffic on CR 15 because of (1) sight lines, (2) speed of traffic
and (3) traffic volumes. The intersection of Orono Orchard Road and County Road 15
has safety limitations because tne sight distance between the north on Orono Orchard
Road and the west on County Highway 15 is reduced by the curve on County Road 15.
Hennepin County has recognized the situation by planning to sign CR 15 for 35 mph in
this area (source: Hennepin County DPW). However, absent constant enforcement,
traffic is likely to exceed the limit, based on the 50 mph limit between the 1-394 exit and
Woodhill Avenue on the similar CR 15 roadway cross-section, the improved paving of
CR 15, and CR 15's proximity to a freeway exit ramp.
In addition to sight distance restrictions and traffic speed, the 60% increase in traffic
along County Road 15 over the past 20 years has resulted in extensive delays for
vehicles entering or exiting County Road 15 at Orono Orchard Road, and created a
difficult left turn situation.
The increasing traffic following reconstruction of CR 15 will increase vehicle delay
between Orono Orchard Road and CR 15. Levels of Service (LOS) for Orono Orchard
Road left-turning vehicles are presently at LOS F during the weekday AM and PM peak
hour periods and summer weekends. LOS F indicates there are insufficient gaps of
suitable size to allow a side street maneuver to safely cross through the CR \ 5 traffic
stream. In this case, Orono Orchard Road traffic on average waits over a minute for a
gap in CR 15 traffic to turn left. As traffic continues to increase, and gaps in traffic
decrease, drivers will tend to make crossing maneuvers of CR 15 that may compromise
the "critical gap " safety amount, resulting in CR 15 traffic unexpectedly slowing down
by applying their brakes and increasing the chances of accidents.
Unsignalized intersection LOS grades are established by Highway Capacity Manual,
produced by the National Cooperative Highway Research Program and the Federal
Highway Administration. Grades run from “A" (little or no delay) to "F" ( very long
delays - demand exceeding capacity)
Woodhill Country Club members who live west and north of the Country Club must now
use the Woodhill Road access. Under the existing access structure, these members
currently take Orono Orchard Road to County Road 15. They then make a left-hand turn
on to County Road 15 and another left-hand turn from County Road 15 onto Woodhill
Road. In exiting the Club, they make a right-hand turn onto County Road 15 followed by
another right-hand turn onto Orono Orchard Road The approximately 30 turning
maneuvers per day per direction at this intersection resulting from Woodhill members
Ovor a Century of
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100rwAfis add to the dangers and increase delays, both for Woodhill members and for the general
public driving on County Road 15.
WOODHILL COUNTRY CLUB ’S CUP AMENDMENT PROPOSAL
In its proposed amendment to its 1968 Conditional Use permit. Woodhill Country Club
has proposed reestablishing regular vehicular traffic on its Woodhill Avenue access. In
connection with this proposal. Woodhill Country Club has proposed the following
configuration:
1 A gravel driveway approximately 20-22' in width from its maintenance building to
the existing bituminous pavement on Woodhill Avenue.
2.
3.
4
A gate at the western edge of its property to be dosed when access is not available.
A 10 mile per hour speed limit. Signs in both directions.
A no left-turn sign at the intersection of Woodhill wenue and the private road to the
Woodhill Ridge development.
A stop sign for westbound traffic on Woodhill Avenue at the intersection of the
Woodhill Ridge development.
A stop sign for eastbound traffic on Woodhill Avenue at the intersection of the
Woodhill Ridge private road, with a stop ahead sign placed in advance for
eastbound Woodhill Avenue motorists.
A stop sign on the north side of Woodhill Avenue at the intersection of Woodliill
Avenue and Orono Orchard Road for westbound motorists.
8.A painted bar line on the western end of Woodhill Avenue to indicate the stopping
position at the intersection of Woodhill Avenue and Orono Orchard Road, together
with lane division line 50 ’ feet back from the bar line.
Woodhill proposes the following restrictions on the use of its Woodhill Avenue access;
1. The hours of access will be limited to 7 a.m. to 8 p.m. on the days that
Woodhill Country Club is open. The Club is open 6 days a week, being
closed on Monday (unless Monday is a holiday, in which case it is closed on
Tuesday). It is closed during the month of March.
2. No commercial, delivery, taxi, or service vehicles will be permitted access.
3. Woodhill will permit use of the Woodhill Avenue access only to members
and invited guests during the hours described above.
4. Access by emergency vehicles will be allowed at all times.
5. General use of the access will be permitted if the access to County Road 15
is temporarily blocked.
TRAFFIC AND SAFETY IMPACT OF PROPOSED CUP AMENDMENT
Traffic Volumes
Traffic counts were taken by the City of Orono on Woodhill Road in September and
October of 1998. The counts indicated weekday volumes of no more than 400 vehicles,
and weekend counts of no more than 500 vehicles.
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toortAms Based on the existing roadway system, and the metropolitan area ’s population, CR 15
and Woodhill Road would be the preferred access for a majority of the club’s members
and visitors. Under Woodhill's proposed CUP amendment, all trucks, service, delivery,
taxi and commercial vehicles will remain on Woodhill Road. The club estimates
approximately half (50%) of the weekday and weekend vehicle trips are visitor, staff, or
service trips that will not use the Woodhill Avenue access
Based on the club ‘ s membership list, no more than 25% of Woodhill members live west
and north of the club and would possibly travel to and from home via the Woodhill
Avenue to access the club. Of the 250 member related weekend trips, it is therefore
estimated that no more than 60 trips (i.e. 30 members per day) would use the Woodhill
Avenue access, with no access to Woodhill Avenue proposed after 8PM.
Woodhill Avenue Roadway Capacity
Woodhill Avenue has sufficient roadway capacity to accommodate the increased traffic.
It is wider than Woodhill Road that currently carries all Woodhill country Club traffic and
it is the same paved width (24' + ) as Orono Orchard Road that carries 1800 vehicles
per day. While it is not unusual for two-lane roadways to carry 5.000 or more vehicles
per day. residential streets typically are lower volume streets and are classified on the
basis of their access and daily traffic.
Historically. Woodhill Avenue has served as a residential subcollector street serving
both residential properties and the club. Average daily traffic capacity for these streets
is defined having 1000 or less vehicles per day. (source; Residential Street ^ Ed.
American Society of Civil Engineers and National Association of Home Builders.)
Presently. Woodhill Avenue is serving as a residential access street, which, in the
hierarchy of residential streets based on traffic volumes, are the lowest-order and carry
250 vehicles or less per day on pavement widths between 22 ’ and 24'. (source:
Residential Street 2^ Ed. American Society of Civil Engineers and National Association
of Home Builders.)
Woodhill Avenue's potential increase in traffic from 50-60 vehicles per day to
approximately 100 to 120 vehicles per day is well within both the roadway's capacity
and present classification based on traffic volumes and roadway width.
Intersection Capacity
Four intersections will experience slight changes in traffic volumes as a result of the
restoration of regular vehicular access to Woodhill Avenue.
The first is the Woodhill Avenue and Woodhill Ridge private road intersection, which is
presently under unsupervised control. The three-legged intersection is proposed for all
way stop control to limit speeds and reflect the sight distances restrictions from Woodhill
Ridge. Under stop control, the intersection will operate at a LOS “A", indicating no
vehicle delays or queuing at the intersection Uniform hours of access (7AM to 8PM) are
proposed for the Woodhill access. The uniformity of hours will reduce the chances of
members inadvertently trying to access the club while the access is closed and will
create uniform expectation of usage by Woodhill Ridge and Woodhill Avenue residents..
The second is at the Woodhill Avenue and Orono Orchard Road intersection, where
approximately 30 vehicles per day will turn left from southbound Orono Orchard Road
and approximately 30 vehicles per day will turn right from westbound Woodhill Avenue.
Cv»r M Century cf
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tooriAft With the proposed recommendation, no capacity or sight distance constraints were *
identified at the intersection. There will be no increase of traffic on Orono Orchard Road
since the vehicles using the Woodhill Avenue access would normally travel Orono
Orchard from OR 15
The third intersection is at OR 15 and Orono Orchard Road, which will experience a
slight daily decrease (approximately 30) in both southbound left turning movements and
westbound right turning movements. The reduction in cross-movements will increase
safety for both OR 15 and Orono Orchard Road vehicles There will be a slight
decrease in traffic on Orono Orchard Road from OR 15 to Woodhill Avenue. It will also
greatly increase safety for Woodhill members who currently are required to make left-
turns onto OR 15.
The fourth intersection is at OR 15 and Woodhill Road, where a similar reduction (30
trips per day) in both eastbound left-tuning movements across OR 15 and southbound
right-turning movements onto CR 15 will occur. The reduced conflicts will improve
safety for CR 15 vehicles, and significantly improve safety for Woodhill members who
are currently required to make the turn on and off CR 15 (50 mph).
Geometric Design Issues
Woodhill Country Club and Woodhill Avenue
The design of the driveway on the Woodhill property and of Woodhill Avenue from the
Woodhill Country Club property line to the current asphalt pavement does not present
any traffic safety or design problem. The roadbed is the same grade and width as the
road in place and used for many decades. The engineering drawing prepared by Coffin
and Gronberg shows a gravel surface from the maintenance building to the property line
and from the property line to the existing asphalt on Woodhill Avenue.
Gradients on local streets should be less than 12 percent except in unusual conditions,
(source; Residential Street 2^ Ed). The grade on the Woodhill Avenue public right of
way from the stop sign to the property line is approximately 3%. The grade from the
stop sign to 160 feet east is approximately 5%. On the Woodhill property between the
maintenance building and the property line, there is on 50-60 foot section of the
driveway that has an approximate 11-12% grade. Given the posted speed limit (10
mph), gravel paving (which slows down traffic) and approximate 160 foot distance from
the western end of this driveway section to the stop sign, this grade section does not
create any traffic safety concerns at the Woodhill Ridge private road intersection or on
the driveway.
Woodhill Avenue
As presented in the Comparison of Access table below, the Country Club's Woodhill
Avenue access provides a wider roadway surface, fewer driveway locations along its
length, and connects with a roadway with lower speeds and traffic volumes than the
present Woodhill Road.
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Comparison of Access
Woodhill Road Woodhill Avenue
Roadway Length
Roadway Width
2"
Number of Private Driveways
Existing Weekday and
Weekend Traffic
Connecting Roadway
Name
Speed
Daily Traffic
1,200 feet
18 ’ 4 " to 21 ’ 6
400 vehicles
500 vehicles
CR 15
50 mph
21,000 vehicles
875 feet
24 • 9 ” to 25 ■
60 vehicles
60 vehicles
Orono Orchard Road
30 mph
1,800 vehicles
All these factors indicate Woodhill Avenue has sufficient capacity and design
geometries to safely accommodate the anticipated traffic with the CUP
recommendations.
Orono Orchard Road and Woodhill Avenue
As described previously, the proposed intersection modifications (stop signs, stop line)
can produce the necessary intersection definition to allow for sufficient sight distance
requirements and intersection capacity.
Alternative Solutions to Traffic and Safety Problem
The traffic design and safety problems created by the increased traffic volume and
speeds on CR 15 and the safety concerns at the Orono Orchard Road and Woodhill
Road intersections identified above can be improved by the Woodhill CUP amendment
proposal. The restoration of regular vehicular traffic (subject to the restrictions
contained in the proposal) on the club’s secondary access to Woodhill Avenue will
improve the traffic situation for Woodhill members wfio live west and north of the club
and will improve conditions on CR 15.
There is no better method of achieving this result. The placement of policemen or traffic
lights on CR 15 is not feasible for a variety of reasons. Hennepin County would not
realistically allow traffic signals at CR 15 and Woodhill Road, due to the low traffic
volumes on Woodhill Road and delay added to CR 15 traffic. Use of human personnel is
not feasible on a long or short term basis for the same reason as a traffic light. In
addition, the high speed of traffic on CR 15 creates safety concerns for both the
individual controlling traffic and CR 15 vehicles subject to random periods of access
control.
The turn lanes built into the new CR 15 design do not solve the high speeds, limited
sight distances, and “critical gap " condition on CR 15 for the reasons discussed
Ovor a Century el
Engineering Exeellenee
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"too above. While CR 15 is being improved, the “new " CR 15 will still present the serious
problems for club members that can be easily resolved through restoration of the
secondary access.
Woodhill Country Club owns the property abutting Woodhill Avenue and has an existing
driveway connected to Woodhill Avenue. There is no other point on the Woodhill
property where Woodhill owns property abutting a public street Nor is there any
location where acquisition of property, even if possible, would result in a better location
for a secondary access point. Woodhill is bounded by railroad rights of way and
highways on the east, north and south. Wetlands, existing homes and the golf course
limit access points to the west. Woodhill Avenue is the shortest length of road and is
where the public road access has been located for over 100 years. Neither
Lyman/Smith Avenues nor Dickenson Street can serve as either realistic or preferable
alternative routes.
CONCLUSION
Implementation of Woodhill* s CUP amendment proposal would have a positive impact
on traffic design and overall traffic safety in the Woodhill Avenue. Woodhill Ridge private
Road. Woodhill Road. County Road 15. and Orono Orchard Road area.
The proposed use of Woodhill Avenue access would enhance traffic safety at Woodhill
Road. County Road 15, and Orono Orchard Road by reducing unnecessary and
potentially dangerous traffic turns to and from County Road 15. The proposal would
enhance the safety of travel for the families who are members of the Club and live west
and north of the Club, and the general public on CR 15
At the same time, the proposal is structured to have minimal impact on Woodhill Avenue
and on the Woodhill Ridge private development. The proposed type and volume of
traffic is well below the traffic capacity that Woodhill Avenue can safely accommodate.
On balance, the traffic impact on the City of Orono is favorable and will increase traffic
safety in the City and will improve traffic flow. The west access will also provide a
needed alternative access for emergency vehicles and will enhance overall safety for
families and club members in the area
Please feel free to contact me at (612) 677-1205 to further discuss these or other traffic issues
related to the CUP amendment.
Sincerely.
Parsons Brinckerhoff Quade & Douglas, Inc.
Edward W. Axt, Jr. P.E.
Senior Transportation Engineer
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CHAPTER 6
STREETS AND PRIVATE ROADS
(THIS CHAPTER CONTAINS PROVISIONS AS TO
DEFINITIONS, APPLICATION AND SCOPE RELATING TO
CHAPTERS 7 AND 8 AS NELL AS THIS CHAPTER)
SECTION 6.01. DEFINITIONS.
Subd. 1. Except as otherwise defined in the City Code,
or where the context clearly indictes a contrary intent, the words
and terms defined in Minnesota Statutes, Chapter 169, shall be
applicable to the City Code, Chapters 6, 7 and 8. The following
words and terms, when used in this Ordinance, shall have the
following meanings, unless the context indicates otherwise:
A. "Corner" means the point of intersection of the
extension of lines of two public or private curb faces.
B. "Curb Cut" means the opening along a street curb
line or pavement edge for the purpose of motor vehicle ingress and
egress from a roadway. Curb cut width shall include the width of
the driveway approach and of the curb returns, if any.
C. "Curb Return" means that portion of a curb next
to a driveway approach which includes the radius or curvature or
the ramp-type lug on commercial or industrial type pavements and
which connects the driveway approach to the public or private road
curb.
D. "Driveway" means a paved or otherwise delineated
area on private property for the operation of automobiles and other
vehicles, f
E. "Driveway Approach" means a paved or otherwise
delineated' area, on the right-of-way between the roadway of a
public or private road and private property, intended to provide
ingress and egress for vehicles from a private or public road to
private property. A driveway approach must provide access to a
parking area, a driveway, a door intended and used for the entrance
of vehicles, or other similar structure or facility. Driveway
approaches shall be of two classes: a) resident driveway
approaches;^and b) business driveway approaches.
—F. "Business Driveway Approach" means a driveway
approach rrom any public right-of-way providing motor vehicles with
ingress and egress from the public or private road to any property
other than a single family dwelling.
G. "Resident Driveway Approach" means a driveway
approach from any public or private right-of-way providing ingress
and egress for motor vehicles from the public or private road to a
single family residential dwelling.
ORONO CC 140 (7-25-88)
E
§ 6.05
Subd. 2. Requirement and Application for Permit. It is
a misdemeanor to construct or reconstruct a sidewalkr curb and
gutter, driveway, driveway approach, driveway turnaround, curb
cuts, roadway surfacing or any other private improvement in any
public road or other public property in the City without a "permit
in writing from the City. Application for such permit shall be
made on forms approved and provided by the City and shall
sufficiently describe the contemplated improvements, the
contemplated date of beginning of work, and the length of time
required to complete the same, provided that no permit shall be
required for any such improvement ordered installed by the Council.
Such application shall also contain information showing the type of
construction, the width and the location of an improvement on the
parcel of land and the lot and block number or the parcel number
and the street and house number and a profile of the proposed
improvement, if necessary, and other such information as may be
required by the Public Works Director. The application shall be
filed by the property owners desiring to construct such a driveway
approach, driveway turnaround, sidewalk, curb and gutter, driveway,
curb cut, roadway surfacing or private improvements in any public
xoad or any property in the City, or by his or her duly authorized
agent. All such applications shall contain an agreement by the
applicant to be bound by this Chapter. A permit from the City
shall not relieve the holder from deutiages to the person or property
of another caused by such work. These regulations shall apply to
all City, State and County Roads.
Subd. 3. Issuance of Permit. Such permit shall be
issued by the Public Works Director, if he or she has determined
that the applicant has complied with the terms of this ordinance,
the permit fee hereinafter specified has been paid and the Public
Works Director has approved the driveway, driveway approach,
driveway turnaround, sidewalk, curb and gutter, curb cuts, roadway
surfacing or private improvement in any public road or other public
property in the City as requested or with stipulated changes. The
Public Works Director shall have the authority to refuse to issue a
permit when, in the judgement of the Public Works Director, the
requested construction would impose an unreasonable hazard to the
public. Such decision may be appealed in writing by the applicant
to the City Council. The City Council shall have the power to
affirm, reverse or modify the decision of the Public Works
Director.
Subd. 4. Permit Fees. The fees for permits for the
construction of improvements as outlined above, shall be as set
forth in the City's Fee Schedule which may be amended from time to
time.
ORONO CC 140-3 (7-25-88)
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F. For residences hereafter constructed, the
driveway approach and that part of the driveway and turnarounds
which drain to the public road shall be paved with bituminous
concrete blacktop or equivalent paving. Where it has been
determined by the City's Public. Works Director that an eoc-isting
driveway and/or driveway approach is causing a maintenance problem
on the public road, including, but not limited to, the washing of
dirt and gravel into the public road, the Public Works Director
shall order that the property owner pave such portion of the
driveway and/or driveway approach as is necessary to remove the
maintenance problem. Portland cement concrete will only be allowed
from the driveway up to the public right-of-way. This requirement
shall not be construed to reduce paving otherwise required by
performance standards in the Zoning Code or required as a condition
to the granting of a Conditional Use Permit, lot division,
subdivision or as designated in the approved site plan.
G. Driveway turnarounds shall be required on all
driveways or driveway approaches entering onto a State highway.
County road or collector roadway as determined in the Comprehensive
Plan, and on all entrances to public roads within the City where
deemed necessary by the Public Works Director, based on traffic
counts, sight distances, street grades and other relevant factors.
If a driveway turnaround is required by the Public Works Director,
such requirement shall be stated on any permit issued by him or her
\ pursuant to this ordinance. ________________________________
Subd. 10.
X Turnarounds.
Business Driveways, Approaches and
A. Only one business driveway shall be allowed per
development unless a greater number of driveways are approved by
the City, or approved as part of the site plan review. The
business driveway approach shall not exceed the width of the access
road or 32 feet at the property line, whichever is less in a
business or industrial district. The curb cut shall not exceed the
width of the driveway approach at the property line by more than 20
feet unless approved as part of a site plan. In a residential
district, the curb cut shall not exceed the width of the driveway
approach at the property line by more than 10 feet unless approved
as part of the site plan.
B. All business driveways and driveway approaches
shall be paved with asphaltic concrete or equivalent material.
Portland cement concrete will only be allowed outside of the public
road right-of-way.
C. Loading docks, ramps and vehicular entrances
shall be located in such a manner that backing onto and maneuvering
within the public road right-of-way is eliminated and in such a
manner that driveways greater in width than that specified by this
chapter shall not be required.
ORONO CC 141-3 (7-25-88)
§ 6.05
D. No portion of a driveway approachr except the
curb return shall be constructed within 100 feet of a corner in a
business, commercial or industrial area, or within 100 feet of a
corner in a residential district.
E. Driveway turnarounds shall be required on all
driveways or driveway approaches entering onto a State highway.
County road or a collector roadway and on all entrances to public
roads within the City were deemed necessary by the Public Works
Director based upon traffic counts, sight distances, street grades
and other relevant factors. Such requirements shall be stated on
any permit issued by the Public Works Director pursuant to this
ordinance.
F. Driveways must be 10 feet from the side property
line of a parcel of land except if driveway is shared by two
parcels of land. _ _ __ _ _ ___ _ _ _ _ _ _ _ _ _ _ _ _-_ _ _ _ _ _ _ _
Subd. 11. Maintenance and Removal. Every driveway
approach or entrance to abutting property shall be maintained and
kept in a safe condition by the owner of the abutting property or
by the Homeowners' Association, and any such driveway approach
which shall not be so maintained and kept in a safe condition or
which shall interfere with or obstruct the drainage carried by the
adjoining public road or interfere with or obstruct the use of the
adjoining public road for purposes of travel shall be repaired to
conform with the specifications of this ordinance and the City's
requirements or it shall be removed by the owner of the abutting
property or the Homeowners' Assocation.
Upon removal of such driveway approach, that portion of the street
or right—of—way occupied by the owner or Homeowners* Association
shall be restored to its former condition and all curbing shall be
replaced to its former condition by the owner or Homeowners'
Association of the abutting property at their expense. If such
removal and restoration is not accomplished within ten (10) days of
the receipt by the abutting property owner of written notice of the
City to remove the driveway approach and restore the public
curbing and right-of-way to its former condition, the City shall
remove the driveway approach and restore the public road, curbing
and right-of-way and assess the cost of such removal and
restoration against the abutting property. The property owner may
appeal the order to remove and restore in the manner set forth in
Section 6.05, Subd. 3 of this ordinance. Further time for removal
and restoration may be authorized in writing by the Public Works
Director.
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§10.03
C. Products produced on the farm may be sold at retail. One temporary foadside
stand may be established for conducting such business. One temporary business sign not over eight
square feet in area may be located in the front yard during the period when products are for sale.
Off-street parking must be provided for.
Source: Ordinance No. 172
Effective Date: 1-1-75
T' Subdivision 19. Land Alteration; Prohibition. It is unlawful for any person to perform
or nave performed the following land alteration activities without a conditional use permit issued
by the Council:
A.Remove, fill, use for fill, dredge, store or excavate rock, sand, gravel,
dirt or similar earth material within the limits of the City.
B.Fill or reclaim any land by depositing such material or by grading of
existing land to elevate or alter the existing natural grade.
C.Build, alter, or repair any seawall, retaining wall, or otherwise change
the grade or shore of lakeshore property.
All of the above-referenced land alterations involving filling and grading shall be performed only
with "clean fill" as defined in Section 10.02. Granting of such permits is subject to other regulations
and prohibitions of the City Code, and other applicable statutes or ordinances of other governmental
bodies.
Source: Ordinance 163,2nd Series
Adopted: 12-8-97
Subd. 20. Permit. An application for such permit shall be accompanied by a drawing
made^by a registered surveyor or other comuetent person showing the location of the proposed
excavation or storage and shall state the amount of material which is to be removed, excavated or
stored, filled or graded, and such other information as the Council may require from time to time.
Applications shall be filed with the City Administrator and shall be accompanied by a deposit to be
determined by the City, which will be used to offset the cost of processing the application. Any
unused portion will be refunded to the applicant.
Subdivision 21. Land Alteration; Exception. The requirements of Subdivision 19 are
nof intended to govern the following land alteration activities:
1 . Normal and customary grading in the area of an existing or a newly
constructed building, or the grading of the driveway serving such building.
ORONO CC 258 (4-1-84)
§ 10.03
2. Any earth movement imder 500 cubic yards which does not adversely impact
the existing drainage.
Source: Ordinance 163,2nd Series
Adopted: 12-8-97
3.Grading, filling or excavating of 10 cubic yards or less within the Shore
Setback Zone of all lakes enumerated in the Shoreland Management section
of the Zoning Code.
Source: Ordinance 171,2nd Series
Adopted: 3-23-98
Such grading and earth movement shall be subject to approval by the Building Inspector at the time
of issuance of a building permit, provided that a plan showing proper drainage ^d protection of
adjoining property has been submitted. Where such earth movement is not being performed in
conjunction with a building permit, a separate land alteration permit shall be required. Any uni^
land alterations including earth filling, removal or grading proposed by a builder shall be subject
to a Conditional Use Permit as provided for in this Chapter. TTie following land alterations shall
be considered as 'unusual land alterations':
A. All excavations for foundations in excess of 12 feet average depth if any
amount of the excess material removed below 12 feet depth is to be stockpiled
on the site.
B. Any additional fill brought on site in excess of 500 cubic yards except for fill
required to raise grade for adequate frost footing protection; the intent being
that structures shall not be artificially raised above the pre-existing surrounding
topography.
C. Grading or alterations that that would propose any changes in elevations
within 5 feet of adjacent residential lot lines except for drainage swales and
ditches.
The Building Inspector shall have the authority to refer any requests for land alteration permits to
the City Council for review and approval in instances where said land alteration appears to
potentially create negative impacts or be not in keeping with the goals and policies of the Orono
Community Management Plan. ^
Sources: Ordinance 163,2nd Series, Adopted 12-8-97
Ordinance 171,2nd Series, Adopted 3-23-98
Subd. 22. Rip-rap Defined. Rock placed at water level of lakeshore to prevent erosion
of shoreline by water action.
ORONO CC 258-1 (4-1-84)
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§ 10.08
Subd. 7. Variances: Violation of Conditions. A violation of any condition set forth in
granting a variance shall be a violation of the Zoning Chapter and automatically terminates the
variance.
Source: Municipal Code
Effective Date: 9-14-67
Subd. 8. Variances: Expiration. Variances shall expire one year after the date of Council
approval if not used. Any change in use of the property shall require a new variance.
Source: Ordinance No. 172
Effective Date: 1-1-75
Subd. 9. A certified copy of every variance granted under the provisions of Minnesota
Statutes, Sections 462.358 and 462.359 shall be filed with the Hennepin County Recorder. Variances
filed with the County Recorder pursuant to Minnesota Statutes, Section 462.36, Subd. 1, do not
constitute encumbrances on real property. The order issued by the City shall include the legal
description of the property involved. Failure to file a variance shall not affect its validity or
enforceability.
!/
’ SEC. 10.09. CONDITIONAL USES.
Subd. 1. Conditional Uses: Purpose. In order to give the district use regulation the
flexibility necessary to achieve the objectives of the Zoning Chapter, in certain districts, conditional
uses are permitted, subject to the granting of a use permit. Conditional uses include those uses
generally not suitable in a particular zoning district, but which may under some circumstances be
suitable. When such circumstances exist, a conditional use permit may be granted. Conditions may
be applied to issuance of the permit and a periodic review of the permit may be required. The permit
shall be issued for a particular use and not for a particular person or firm. Because of their unusual
characteristics, conditional uses require consideration so they may be located properly with respect
to the objectives of the Zoning Chapter and the Comprehensive Municipal Plan and with respect to
their effects on surrounding properties. In order to achieve these purposes, the Council is empowered
to grant and to deny applications for conditional use permits and to impose reasonable conditions
upon the granting of these permits.
Source: City Code
Effective Date: 4-1-84
Subd. 2. Conditional Uses: Reference to Planning Commission. Before the Courcil may
grant conditional use permits for such conditional uses as prescribed in the district regulations of the
Zoning Chapter, the request therefor shall be referred to the Planning Commission for study
concerning the effect of the proposed use on the ordinance and on the character and development of
ORONO CC 267 (4-1-84)
..............
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§ 10.09
the neighborhood and for recommendation in regard to granting such conditional use and the
conditions thereof, if any, or for the denial of such conditional use. The Council may by unanimous
action waive reference to the Planning Commission.
Source: Municipal Code
Effective Date: 9-14-67
Subd. 3. Conditional Uses: Application. Whenever this Zoning Chapter requires a
conditional use permit, an application therefor in writing may be filed with the Zoning Admimstrator
together with such filing fee as may be established by the Council and shall be accompanied by a
site plan and such information and showing as may be necessary or desirable, including, but not
limited to, the following:
A. Site plan drawn at scale dimensions with setbacks noted,
B. Location of all buildings, heights, and square footage.
C. Curb cuts, driveways, parking spaces.
D. Off-street loading areas.
E. Drainage plan.
F. Type of business, proposed number of employees by shift.
G. Proposed floor plan with use indicated and building elevations.
H. Sanitary sewer and water plan with estimated use per day.
I. A lighting plan showing the lighting of parking area, walks, security lighting
and driveway entrance light.
J. A landscape plan with a schedule of the plantings.
K. An abstractor's certified property certificate showing the property owners
within 350 feet of the outer boundaries of the property in question.
Source: Ordinance No. 172
Effective Date: 1-1-75
ORONO CC 268 (4-1-84)
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§ 10.09
Subd. 4. Conditional Uses: Failure of Planning Commission to Act,' If no
recommendation is transmitted by the Planning Commission within sixty (60) days after referral of
the application for conditional use to the Commission, the Council may take action without ftirUier
awaiting such recommendation.
Source: Municipal Code
Effective Date: 9-14-67
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Subd. 5. Conditional Uses: Hearings and Notice. The Planning Commission or Council
may hold a public hearing or hearings on each application for a conditional use permit. Notice of the
public hearing shall be given not less than ten (10) days or more than thirty (30) days prior to the
date of the hearing by publication in the official newspaper for the City. Such notice shall contain
the description of the land and the proposed conditional use and the time and place of the hearing.
At least ten (10) days before the hearing, the City Clerk shall mail an identical notice to the owner
and to each of the property owners within 350 feet of the outside boundaries of the land in question.
For the purpose of g' ring mailed notice, the person responsible for mailing the notice may use any
appropriate records to determine the names and addresses of owners. A copy of the notice and a list
of the owners and addresses to which the notice was sent shall be attested to by the responsible
person and shall be made a part of the records of the proceedings. The failure to give mailed notice
to individual property owners, or defects in the notice shall not invalidate the proceedings, provided
a bona fide attempt to comply with this Subdivision has been made. At the public hearing the
Plaiming Commission or Council shall review the application and the statements and drawings
submitted therewith and shall receive pertinent evidence concerning the proposed use and the
proposed conditions under which it would be operated or maintained. Any party may appear at the
hearing in person or by agent or attorney. Subject to such limitations as may be imposed by the
Council, the Planning Commission or Council may adopt rules for the conduct of proceedings before
it. Such rules may include provisions for the giving of oaths to witnesses and the filing of written
briefs by the parties. The City shall provide for a record of the proceedings which shall include the
minutes of the meetings, the findings, and the action taken on each matter heard including the final
action.
Subd. 6. Conditional Uses: Granting of Permit.
A. The Planning Commission may recommend and the Council may grant a
conditional use permit as the use permit was applied for or in modified form, if on the basis of the
application and the evidence submitted, the City makes the following findings:
1. That the proposed location of the conditional use is in accord with
the objectives of the Zoning Chapter and the purposes of the district in which the site is located and
Comprehensive Municipal Plan;
2. That the proposed location of the conditional use and the proposed
condition under which it would be operated or maintained would not be detrimental to the public
health, safety or welfare, or materially injurious to properties or improvements in the vicinity; and,
ORONO CC 269 (4-1-84)
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§ 10.09
3. That the proposed conditional use will comply with each of the
applicable provisions of the Zoning Chapter.
B. A conditional use permit may be revokable, may be granted for a limited time,
or may be granted subject to such conditions as the Council may prescribe.
C. A conditional use permit shall remain in effect as long as the conditions agreed
upon are observed, but nothing in this Section shall prevent the City from enacting or amending
official controls to change the status of conditional uses.
D. A certified copy of any conditional use permit shall be filed with the County
Recorder or Registrar of Titles of the county or counties in which the City is located for record. The
conditional use permit shall include the legal description of the property included.
Source: City Code
Effective Date: 4-1-84
Subd. 7. Conditional Uses: Denial of Permit. The Council shall set forth
contemporaneously in writing and in detail all the reasons for the denial of the conditional use permit
application. No application for a conditional use permit which has been denied wholly or in part
shall be resubmitted for a period of six months from the date of said denial, except on grounds of
new evidence or proof of changes of conditions found to be valid by the Planning Commission.
Source: Ordinance No. 172
Effective Date: 1-1-75
Subd. 8. Conditional Uses: Lapse of Permit. A conditional use permit shall lapse
one year following the date on which it became effective, unless prior to that time a building permit
is issued by the Building Inspector and construction is commenced and pursued toward completion
on the site which was the subject of the conditional use permit application. A conditional use permit
may be renewed for an additional period of one year provided that the request be filed prior to the
expiration of one year from the date when the use permit is filed with the Zoning Administrator. The
Council may grant or deny an application for renewal of a conditional use permit.
Subd. 9. Conditional Uses: Lapse of Use. Should a conditional use permit lapse or
cease for a period of six (6) months, future use shall be in conformance with the terms of the Zoning
Chapter unless such lapse or cessation is determined to be due to illness, natural disaster or acts of
war.
Source: Municipal Code
Effective Date: 9-14-67
ORONO CC 270 (4-1-84)
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§ 10.09
Subd. 10. Conditional Use Peimits for Non-Conforming Uses. All non-conformmg uses
actually and legally existing on December 1,1974, shall be issued a conditional use permit upon
application therefor not later than January 1,1976. Such conditional use permit shall allow the
continuation of the non- conforming use to the same extent and degree as then existing on December
1,1974. Such permits shall be granted without application fee and the Council shall be limited in
such permits to the full and accurate statements of the conditions pertaining to the existing uses.
Such permits shall not be subject to periodic review.
Source: Ordinance No. 172
Effective Date: 1-1-75
Subd. 11. Conditional Uses: Review Upon Neighbors' Petition. Conditional use permits
shall not be subject to periodic Council review for the purpose of change or revocation, unless such
a review is one of the conditions of the original permit, or, unless the actual land use is determined
to be in violation of the terms of the permit, provided that, upon petition of 75% or more of the
adjacent property owners (defined here as those whose property lies within 1,000 feet of the property
subject to the conditional use permit) the Council shall hold a public hearing on the continuation of
the permit. The Council shall determine, after such public hearing, whether the continuation of the
conditional use in question is consistent with the health, safety, and general welfare of the residents
of the City. The Council may, after such petition and hearing, continue the conditional use permit
unchanged, approve a new permit with such additional conditions as may be necessary to protect
health, safety or general welfare, or terminate the existing conditional use permit. Upon termination
of a conditional use permit, the Council may allow the former conditional use permit to continue for
such period not in excess of one year as may be required to provide time to move or otherwise
relocate in a zone where such use is permitted.
Source: Municipal Code
Effective Date: 9-14-67
permit.
Subd. 12. Unlawful Act. It is unlawful to violate any condition of a conditional use
Source: City Code
Effective Date: 4-1-84
SEC. 10.10. GENERAL REQUIREMENTS. At any time after the adoption of a land use
plan for the City, the Plarming Commission, for the purpose of carrying out the policies and goals
of the land use plan, may prepare a proposed zoning ordinance and submit it to the Council with its
recommendations for adoption. Subject to the requirements of this Chapter, the Council may adopt
and amend a zoning ordinance by a two-thirds vote of all its members.
Subd. 1. Public Hearings. No zoning ordinance or amendment thereto shall be adopted
until a public hearing has been held thereon by the Planning Commission or by the Council. A notice
of the time, place and purpose of the hearing shall be published in the official newspaper of the City
ORONO CC 271 (4-1-84)
§ 10.20
SEC. 10.20. R-IA ONE FAMILY RESIDENTIAL DISTRICT.
Subd. 1. Puipose. The "R-1 A” One Family Residential District is intended to provide
a district which will allow a combination of low density residential development and limited
agricultural activity. Planned residential developments may be allowed by conditional use permit.
The district shall have immediate access to highways and public sanitary sewer.
Subd. 2. Permitted Uses. Within any "R-lA" One Family Residential District, no
structure or land shall be used except for one or more of the following uses:
A. One family detached dwellings.
B. Public owned parks and playgrounds.
C. Municipal buildings.
Subd. 3. Conditional Uses. Within any ”R-1 A” One Family Residential Distnct, no
structure or land shall be used for the follovdng uses except by conditional use permit:
A. Schools. Public schools and parochial or private schools which teach a
curriculum similar to a public school provided no building shall be located within fifty feet of any
lot line of an abutting lot in an "R" District and that a fence be erected fifteen feet or more from all
street lot lines where the abutting use is for open play, and nursery schools providing fifty square feet
of playground space per pupil.
1. Uses Accessory To A High School. The following uses are
accessory to a High School use and require a separate conditional use permit:
a. Indoor Ice Arenas. All such facilities and structures shall
be located on the same tax parcel as the principal High School Use to which they are accessory. No
such structures shall be located less than 50 feet from any lot line of an abutting lot in an "R"
District. Such facilities shall not be separated from the principal High School use by a public road.
All such facilities shall be owned and operated by the school district, or by a non-profit organization
under a land lease arrangement with the school district. The developer of such a facility, prior to
final Conditional Use Permit approval by the City Council, shall demonstrate financial capability
to complete construction of said facility, by providing suitable documentation that at least eighty
percent (80%) of the estimated project costs are in the contiol of the school district or non-profit
lessee.
Source: Ordinance No. 145,2nd Series
Effective Date: 3-11-96
ORONO CC 279 (4-1-84)
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§ 10.20
B. Churches. Churches including those related structures located on the same
site which are an integral part of the church proper, convents or homes' for persons related to a
religious function on the same site provided no building other than a residence shall be located
widiin fifty feet of any lot line of an abutting lot in an "R" District.
c. Clubs, Camps, etc. Golf courses, country clubs, tennis clubs, public
swimming pools serving more than one family, scout camps, YMCA camps, YWCA camps, church
camps, or private non- profit parks, playgrounds and other similar uses. The principal struc^e for
any of the above listed uses shall be 100 feet or more from any abutting lot in an "R" District, and
accessory structures shall be a minimum ofiifty feet from any lot line.
D. Public Service Structures. Public service structures, including but not
limited to electric transmission lines, buildings such as telephone exchange stations, booster or
pressure regulating stations, wells, and plumbing stations, elevated tanks, lift stations and electrical
power substations, provided no building shall be located within 50' from any lot line of an abutting
lot in an "R" District Prior to granting such permit it shall be found that the architectural design of
service structures is compatible to the neighborhood in which it is to be located and thus willservice structures is compatible to the neignoornooa m wmen u is lo oc locaicu aim mua
promote the general welfare. Public service structures as defined above that have been approved by
the City at required public hearings for public improvement projects shall not require a condition^
....-I ktit cn/'ti etnirhirp*! shall be subiect to all other aoDronriate standards set forth in this
the City at requirea public nearmgs lor puoiii; uupiuvciuciu piujsi«.u> anon uwi,
use permit but such structures shall be subject to all other appropriate standards set forth in this
section; amendments to approved plans involving design and/or placement of these structures will
require written notice by the City to all affected property owners 14 days prior to the adoption of the
amended plans by the Council. Personal wireless services and commercial broadcasting antennas
and towers shall not be considered public service structures.
Source: Ordinance 29,2nd Series
Adopted: 2-23-87
Source: Ordinance No. 161,2nd Senes
Effective Date: 5-27-97
E. Greenhouses. Commercial greenhouses provided all outside storage is
fenced in such a manner so as to screen the stored material from view when observed from the public
street or adjoining lot. Commercial greenhouse structures shall not be located in a required yard area,
and are subject further to the general zoning code requirements pertaining to accessory structures.
Source: Ordinance 72,2nd Series
Adopted: 8-14-89
ORONO CC 280 (4-1-84)
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LAND US^
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JUNE, 1980
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6. COMMERCIAL AND INDUSTRIAL DEVELOPMENT WILL NOT BE PERMITTED TO
ADVERSELY AFFECT NEIGHBORING RESIDENTIAL PROPERTY.
The location and scale of commercial and industrial
development will be controlled so as not to encroach
upon the primary residential land uses in Orono.
Wherever possible, natural land forms or buffers
will be required between different land uses.
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PUBLIC URBAN SERVICES MUST BE AVAILABLE FOR ALL FUTURE COMMERCIAL,
INDUSTRIAL AND URBAN-RESIDENTIAL DEVELOPMENT.
Commercial, industrial and urban-density residential
uses will be permitted only where municipal sanitary
sewer, adequate transportation, police and fire
protection services are available. In addition,
commercial, industrial and multi-family residential
development will be permitted only where a municipal
water system is available for adequate water supply
and fire protection.
8. URBAN DEVELOPMENT WILL UTILIZE THE CAPACITY OF EXISTING PUBLIC
FACILITIES. New land uses and development will be
allowed to infill existing vacant properties within
the urban service area consistent with environmental
limitations and with the existing capacities of water,
sewer, drainage transportation and recreational
facilities. New development will not be permitted
to overburden these services at the expense of the
existing users. New urban development will not be
permitted if it requires additional unplanned local
or regional facilities capacity.
9. THE EXISTING URBAN AREA WILL NOT BE EXPANDED. Orono*s
Community Management Plan is not a staged growth plan.
The urban service area will not be expanded into the
rural area and urban services and facilities will not
be extended into the rural area for purposes of fostering
or allowing increased development in those areas.
10. THE DESIGN AND DENSITY OF URBAN DEVELOPMENT WILL BE CONTROLLED TO
ASSURE PROTECTION OF LIGHT, AIR AND SOLAR ACCESS FOR NEIGHBORING
PROPERTIES. Requirements for minimum lot size,
amounts of open space, minimum yard setbacks, and
maximum building heights will be designed to
assure protection of these values for all urban
residents.
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CMP 4-18
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I TRANSPORTATION JUNE, 1980
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7. DRIVEWAY LOCATIONS AND RURAL STREET OR PRIVATE ROAD INTERSECTIONS
WILL BE LIMITED FOR TRAFFIC SAFETY. Rural traffic
speed is generally faster than that in urban
neighborhoods requiring greater sight distances
and a lesser number of intersection conflicts for
the same degree of traffic safety. Joint use of
carefully located private roads will generally be
preferred over direct access onto public highways
from separate properties
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RURAL TRAILS ARE AN INTEGRAL PART OF THE TOTAL ALTERNATE TRANSFORATION
SYSTEM. Rural trails offer access to the Hennepin
County Park Reserve Lands from all areas of the City.
Rural trails offer horseback riding as well as walking
and bicycle opportunities. The City will encourage
completion of the planned bike-hike trail system and
the private development of rural trails connecting the
public trail system with individual rural properties.
The City will continue to restrict motorized use of
trails within Orono as inappropriate to the trail's
basic purpose and as incompatible with adjacent
residential properties.
THE CITY WILL NOT PROMOTE MASS TRANSPORTATION SERVICES FOR RURAL ORONO.
The planned rural land use density cannot economically
support public transit services. Existing bus routes
pass through the rural area enroute between Long Lake,
Wayzata and urban Orono. These routes are sufficient
to serve Orono*s rural needs and will in fact provide
additional rural service as the need for additional
urban service increases. No new route locations are
necessary as rural residents desiring to use transit
services will use the established park and ride
locations in Navarre and Wayzata.
CMP 7-13
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PARKS
JUNE, 1980
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5.
6.
7.
8.
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THE CITY WILL ENCOURAGE THE PARK RESERVE TO COMPLETE ACQUISITION AND
CONTROL OF THE LAKE MINNETONKA ISLANDS. As
discussed at length in the Land Use Plan,
Chapter 4, Orono does not have the capability
of providing public services and facilities
to residents on the islands. The City
encourages eventual public ownership of the
islands as recreational resources for general
lake users. Orono encourages the Park Reserve
to continue an active program of land acquisition
as it becomes available, but not to encourage
condemnation or forced conversion. Orono will
work with the Park Reserve in preparing a long
range plan for use and management of the islands.
THE CITY WILL ENCOURAGE THE STATE DNR TO RESTRICT USE OR ALTERATION
OF WOLSFELD WOODS. This is a unique nature area
that should not be developed for active use, but
should remain in itt natural state. In addition,
access and traffic control is extremely limited
from County Road 6.
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THE CITY WILL ENCOURAGE THE STATE DNR TO MAINTAIN AND IMPROVE Tp
LUCE LINE TRAIL, AND TO MANAGE ITS USE CONSISTENT WITH THE RURAL
RESIDENTIAL AREA IT TRAVERSES. The City will encourage
extension of the trail, especially on the eastern ep,
and interconnection with other city or regional trails
to provide a coordinated linkage between a wide variety
of recreational facilities. The City will encourage
the DNR to limit motorized trail usage to west of
HcCulley Road and the n^w trail access area. - - -
THE CITY WILL ENCOURAGE RETENTION AND CONTINpD OPERATION OF THE
PRIVATE GOLF COURSES. These private facilities provide
major active recreation in the City and in addition
provide aesthetic open space and open vistas to
benefit of all adjacent property owners and the public
alike. The City will discourage conversion of these
facilities into non-recreational land use because of
the benefit of this recreational opportunity and
because the City has limited publxc services necessary
for accommodating any other use.
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CMP 8-12
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MAY 0 3 1999
Deor AAoyor Jabbour and City Council Members,CITY OF C.^O.'y'O
We arc writing in opposition to the application for an amendment to
Conditional Use Permit filed in Orono by VVoodhill Country Club, which
seeks to open a driveway leading from the Country Club through a
residential neighborhood. Our objections and concerns fall into two
general catagorics: Safety and Equity. While we recognize the
ambiguous legal obstacles put forth by the Club, we believe we can
offer practical ways to address them.
SAFETY CONCERNS
PREMISES THAT SELL ALCOHOL SHOULD NOT ACCESS THROUGH
RESIDENTIAL NEIGHBORHOODS
Woodhill Country Club is a private social club, which sells alcohol. The
club hosts its members, as well as numerous other invitees attending
social and sporting events. The club has liquor permits both from
Wayzata (for the clubhouse) and from Orono (for the barn). While it is
true that many people live on roads more heavily travelled than ours,
they chose to do so and very few people live on roads accessed by a bar.
We feel very strongly that for this reason alone, Woodhill Country Club
should be denied access through our neighborhood. Alternatively,
should they gain such access, Orono should revoke the club's liquor
permit and should ask Wayzata to do the same.
WOODHILL AVENUE IS HEAVILY TREED, WITH NO LIGHTING
AND POOR SIGHTLINES
The sightlines on Woodhill Avenue as it intersects Woodhill ridge are
very poor and provide no odvance warning os to what may be coming
from around the corner. Despite the club ’s claims, this is one of the
things that distiguishes Woodhill Avenue from their current access on
Woodhill Road. Cars coming down the club's proposed road onto
Woodhill Avenue will not be visible to drivers turning left from
Woodhill Ridge onto Woodhill Avenue until they ore both In the middle
of the intersection. The same is true for cars driving up Woodhill
Avenue toward the club. These cars will be Invisible to drivers exiting
Woodhill Ridge until it is too late. Further, cars exiting Jane Delaney's
driveway, at 1315 Woodhill Avenue (corner of Woodhill and Orono
Orchard) has no warning of traffic turning right from Orono Orchard
onto Woodhill. The dramatic increase in traffic proposed by the club
would increase this danger.
WOODHILL AVENUE IS BUILT TO SUBSTANDARD WIDTH AND
CANNNOT ACCOMODATE A DRAMATIC INCREASE IN TRAFFIC
Before the Woodhill Ridge subdivision was built in 1988 Woodhill
Avenue was 16 feet wide. As a condition of approving the subdivision,
Orono required that the road be widened, for safety reasons. Although
the Orono Subdivision Code calls for a subdivision of 7 or fewer units to
be served by a road at least 24 feet wide plus 3 foot shoulders on each
side, the neighbors, developer and Woodhill Country Club, as seller of
the subdivision land and Co-Applicant to the subdivision process, did not
want the road widened to meet the standard. The City agreed to
compromise at 22 feet, expressly because only four units were being
built and the change in volume of traffic would be minimal. This
reasoning is expressly stated in the City Council minutes of June 15,
1987. The City further provided that the subdivision would not be
approved until agreement could be reached on how the improvements to
Woodhill Avenue would be paid for. Woodhill Country Club eventually
sold the land on which Woodhill Ridge was built to its developer.
However, the finalization of that sale was conditioned on the City's
approval of the subdivision. As a result, Woodhill Country Club had a
financial stake in seeing the subdivision approved. They paid 3/16ths
of the improvement cost, $11,565. Although their current application
claims that this payment was an assessment that entitles them to use
Woodhill Avenue, they have already received the benefit of this
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assessment: i.e. the price they received for the sale of the land. They
were simply spending money to make money.
According to the Club's own estimate, of 50-60 cars, each travelling
back and fo. ih, for the proposed hours of operation, opening the road
would mean an additional car travelling down Woodhill Avenue EVERY 6
MINUTES. The Club's estimates are wholly unsubstantiated and one
wonders why they have fought so hard to gain access to a road that
they say few people would use. We believe their estimates to be
dramatically low. Woodhill Avenue, at it's substandard width is wholly
inadequate to handle this overwhelming increase in traffic. The City
must consider the danger this will pose to all users of Woodhill Avenue
as well as potential liability exposure should someone get hurt.
OPENING THE BACK ROAD WILL PRESENT THE SAME VANDALISM
AND SAFETY CONCERNS AS WERE REALIZED IN 1978
In 1978, the Club closed the road voluntarily because of fears of
vandalism and neighbors' complaints about speeding cars. There is no
eason to belive that this will not repeot itself.
EQUITY CONCERNS
DUE TO ITS OWN ACTIONS, THE CLUB HAS CREATED A CHANGE
OF CIRCUMSTANCES THAT NECESSITATES REVOKING THEIR
1969 CUP AND RE-ISSUING IT WITHOUT THE BACK ENTRANCE
The club asserts that their 1969 Conditional use permit gives them
the right to use the back entrance onto Woodhill Avenue. Their
contention seems to rest on the inclusion of a hand drawn map included
with their 1969 CUP application. However, this map was not
referenced in the CUP, and is therefore only part of the club's
application- not the granted CUP. The club admits this in their current
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application when they say the road was not specifically referenced in
the 1969 CUP. Additionally, this map was hand-drawn, is out of scale
and was prepared without the benefit of a survey. Consequently, the
City cannot have been granting use of the back road with this CUP, as
the application was vague and gave the City no clear Indication of the
extent of this road or any claim relating to it, nor any indication of what
exactly they were granting the club. Moreover, the club was properly a
non-conforming use, not a proper subject for a Conditional Use Permit.
Even if the 1969 CUP had included the road, the club created a
change of circumstances that now necessitates Its revocation. By
selling the land for Woodhill Ridge to our developer, the club not only
benefitted financially, but by Its own actions, caused the creation of a
subdivision. The subdivision, conceived of well after the 1969 CUP,
constitutes a change in circumstances. In fact, it is likely that had the
Woodhill Ridge subdivision existed in 1969, the 1969 CUP would have
specifically denied Woodhill Country Club access via Woodhill Avenue.
Therefore, the City should now revoke the 1969 CUP and reissue it
with a specific denial of the club's use of the back road and Woodhill
Avenue. Under Minnesota law, this is perfectly acceptable and, as long
as the City lays out its reasoning and has a rational basis for its action
(in this case the change of circumstances and its accompanying safety
concerns) a court will defer to the City Council's decision. See, Arcadia
Development Corp. v. City of Bloomington, 267 Minn. 221, 226 (1964);
Molnar v. County of Carver Board of Commissioners, 568 N.W.2d.
177,180 (Minn. App. 1997); and Honn v. City of Coon Rapids, 313 N.W.2d.
409 (Minn. 1981).
WHETHER OR NOT THE CLUB'S LAND ABUTS PUBLIC PROPERTY,
THE CLUB HAS RELINQUISHED ACCESS TO WOODHILL AVENUE
The club also claims that due to the recently stated Intentions of
John Plllsbury when he owned the land on which the back road is
locoted, the back road is a public roadway. This assertion is
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contradicted by the club's own staten\ents over the past year and by
the very fact that they put a "Private Road" sign up at the end of the
back road, on city property. Since the club owns the property on the
back road starting approximately 80 feet east of the paved portion of
Woodhill Avenue, this claim affects the classification of only the last
80 feet of this bock road. Many people own property that abuts public
property. However, this does not give them an unquestioned right to
create an access to that public property. When it is Improper,
dangerous or not necessary, the City will deny such access. Here, while
at one time the club did access public property via the back road, they
do not retain a right to use it forever, no matter what they do or what
changes. The club first gave up its right to this access when It
voluntarily closed and bermed the road in 1978. They confirmed their
intentions to relinquish access in 1987, when they sold the Woodhill
Ridge land to our developer, expressly for development as a cul de sac.
At numerous points in the Planning Commission and City Council minutes
when the subdivision was debated, situations that would adversely
impact the club's future ability to access Woodhill Avenue were
discussed. At no time did Woodhill Country Club, present as a co-
opplicant to the subdivision, ever raise any concern or signal in any way
that they intended to reopen the back road or felt they had the right
to do so. The reason is clear- they wanted the subdivision to go
through so that they would profit from the sale of the land. They
cannot have it both ways- they sold their access and should not now be
allowed to take it back. Finally, in 1988 when they applied for a
varience and CUP to build their maintenance shed, representatives of
the club told Jeanne Mabutsch, then the Zoning Coordinator, that if
they received the CUP, they would no longer use the back road. This
was discussed at City Council on October 3,1988. Mr. Sathre, the
surveyor hired by the club stated that there was no reason to use the
road in the future- no one from the club spoke up to challenge this. In
short, regardless of the classification of the last 80 feet of the back
road, the club long ago gave up the right to access it.
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THE CLUB HAS NOT APPROACHED THIS MATTER IN A
FORTHRIGHT MANNER AND SHOULD NOT NOW BE REWARDED
FOR THEIR ACTIONS
When the club first cleared this road in May of 1998, they
promised the City and the residents that they would only use the road
during the construction on County Road 15, that it would be one way, for
members only and that it would be closed as soon as the construction
was over. They played one neighbor off another, nKiking false
assertions about other neighbors' support of their intentions. These
tactics allowed Woodhill to create a fait accompli- building the rood
without City scrutiny and before the City could stop them. When the
matter finally reached City Council, all parties agreed to study the
matter further. Instead, the club hired a public relations firm, issued
a press release and sued the City. Their attitude toward City
ordinances and toward the residents has been manifested in other
ways also. It has committed several potential violations to the 1988
maintenance shed CUP. They have installed an accompanying above
ground fuel tank in a residential area, installed halogen lights on the
side of the shed that faces the neighborhood, and built a garage
structure with a concrete floor, not called for in the CUP. Merely by
clearing trees last May to build the back road, they have violated the
spirit of the 1988 CUP by making the shed far more visible to the
neighborhood. We are relating these issues to you not to stir up any
undue animosity, but rather to demonstrate why we are leary of taking
future promises by the club at face value.
THE CLUB HAS NO NEED FOR ACCESS THROUGH WOODHILL
AVENUE
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Now that the construction on County Road 15 has substantially ended,
any justification for even temporary access to Woodhill Avenue has
evaporated. Of course 15 is busier than Woodhill Avenue. Woodhill
Avenue is a residential zone. The patrons of Woodhill Country Club do
not face a different situation from the patrons of any other business
or from anyone else who must acces 15. To allow business patrons of
the club to access a residential area simply so that they can avoid
traffic, flies in the face of the very reasons for zoning laws. Any
patrons who wish to go west on 15 need only turn right out of the club.
Those wishing to find a shortcut to 12 should not be allowed to measure
about a minute of their time against the safety of an entire
neighborhood. (We might point out that much of the donger ensuing
from poor sight lines and width concerns would also fall on club
members who use the back entrance). On entering the club from 15,
patrons have the benefit of a turning lane. There Is simply no
justification for opening this access and creating the precedent that
zoning laws can be disregarded for mere convinience.
We appreciate the effort that the City has put into keeping this
access to Woodhill Avenue dosed. Please continue that effort by
denying Woodhill's application for these amendments to Its CUP.
Thankyou,
Jerry Scorch and Shelly Storch
Woodhill Avenue, Orono
cc. Thomas Barret
Ron Morse
Mike Saffron
MAY 0 6 1999
CITY Or OnOj\'o
1260 Woodhill Avenue
Wayzata, Minnesota 55391
May 2.1999
Dear Mayor Jabbour and Members of the Orono City Council,
We are writing to ask that you deny the request of Woodhill Country Club to
open an access road to the Club off Woodhill Avenue. As residents of Woodhill
Avenue, we have very strong concerns for the safety of our children who bicycle,
rollerblade and play on that street. Moreover, our mailboxes are located at the corner
of Woodhill Avenue and Orono Orchard Road, and our children often bicycle to the
corner to pick up mail. If the Club is granted its request, traffic on Woodhill Avenue
would markedly increase. Any increase in the traffic on Woodhill Avenue would
significantly endanger the lives of our children. Woodhill Avenue is a residential street
and as such should only carry residential traffic. We look to you to protect our
neighborhood and. most importantly, to protect the safety of our children. We urge you
to reject the request of Woodhill Country Club to open this road.
Respectfully,
Charles W. Maile, M.D.
Marla C. Maile
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WOOD. FRANCHOE,L\C
Michael D. Wood
May 3,1999
Mayor Gabriel Jabbour and City Council
City of Orono
2750 Kelley Parkway
OronO/ Minnesota 55323
Dear Mayor Jabbour and City Council:
We are writing to you in regard to the request from Woodhill
Country Club to open a back entrance to the club from Woodhill
Avenue in Orono. We reside at 1230 Woodhill Avenue in the
home that would be most directly impacted since the proposed
new access would connect to Woodhill Avenue at the east end
of our property. We remain strongly opposed to opening this
road for the following reasons:
1. Opening this road would have a severe negative impact
on the lovely, quiet residential nature of our
neighborhood. Orono has acted in the past to preserve the
unique nature of its residential areas, and it is our hope
that you would continue this policy in this case.
2. It is our understanding that opening this road would be
contrary to Orono ’s Comprehensive Municipal Plan of
protecting quiet neighborhoods from increased
commercial traffic. We are aware of a recent decision
consistent with this precedent in which the Council
denied a new golf club's request to utilize an Orono
residential road to access their property. This was a much
smaller club than Woodhill and the resulting increase in
traffic would have been also much smaller than in this
case.
EXECUTIVE SEARCH . MANAGEMENT COUNSEL
1550 Utica Avenue South • Suite 425 • MiimeapoUi, MN SS416 • (612) 516.6997 • Fax (61^ 516.6743
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Orono City Council
Page 2
3. We are gravely concerned about the issues of safety,
increased traffic flow, noise, dust, security and vandalism.
Woodhill Avenue is certainly not fit for heavy traffic, and
the safety concerns of a road intersecting it at the proposed
juncture are numerous. We are aware that the reasons
for the club’s closing this back entrance in 1980 included
breaches of security, incidents of vandalism, and greatly
increased noise, resulting in numerous complaints from
the affected residents.
4. We believe, and an expert consultant has verified, that
opening this road would have a significant negative
impact on the future resale value of our home. Again, we
know that this is an important consideration in Orono's
Comprehensive Plan.
We are pleased that Woodhill Country Club has finally decided
to follow proper procedures in seeking an amendment to its
condition^ use permit. It is our hope that you will remain firm
in protecting another beautiful, peaceful Orono neighborhood
from this unnecessary intrusion. This back entrance has been
closed for nearly twenty years. To reopen it now for the
convenience of some of their members is unreasonable and
seriously detrimental to the neighborhood ’s character and safety.
We hope you will give careful consideration to this matter.
Yours truly.
/7
Michael D. Wood Judy D. Wood
MDW/JDW:ah
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JANIE DELANEY
1315 WOODHILL AVE. WAYZATA, MN 55391
TEL: 612.473.4666 • FAX: 612.473.2051
E-MAIL: NORMALHGTS®AOL.COM
City of Orono
2750 Kelley Parkway
Orono, MN 55356
To: Mayor, Council Members, City Staff
Re: Woodhill Country Club Access Road
Dear Mayor, City Council Members and City Staff,
I would like to thank the city for the attention and effort it has given the residents on
Woodhill Avenue concerning Woodhill Country Club's position on opening an access.
However, this past week as I canvassed the neighborhood -1 soon realized the majority of
residents in the area had no idea what this issue meant or how it could impact them. Along
the way I met passionate people - adamantly opposed to this road • many of whom wanted
to know where this issue had been and why the public at large had little or no knowledge of
it. This is not an issue raised by a few residents on Woodhill Avenue. It impacts countless
other families and their children in this city by allowing commercial traffic to ingress and
egress into quiet residential neighborhoods thereby creating dangerous traffic situations.
Please remember the club serves alcohol both at the barn and the main clubhouse.
Please preserve Orono's zoning code and Comprehensive Plan by opposing the application
for a Conditional Use Permit for Woodhill Country Club.
Sincerely;
P.S. If a tractor drove from the Woodhill maintenance shed to Woodhill Avenue in the last
fourteen years - it had wings.
I
We, the undersigned, residents of Orono, urge the Orono City Council
to deny the application for a Conditional Use Permit filed by VVoodhIII
Country Club, which seeks to open g driy^way Iggding from the Cogntry
Club through a residential neighborhood. (This application is scheduled
to be heard on May 11 at 7 p.m..) Woodhill Country Club is a private,
social club thgt sells glcghgl. The clgb hosts its members gs vyell a.s
numerous invited guests attending social and sporting events. Opening
this driveway will dramatically increase traffic and increase traffic
danger, on surrounding streets, particularly Woodhill Avenue. Orono
Orchard Road and Watertown Road. It would change the quiet,
residential nature.of these surrounding streets and would set a
dangerous precedent for the disposition of future, similar requests, by
developers and private dubs and businesses;
PLEASE PROTECT OUR STREETS-FOR NOW AND FOR. THE FUTURE
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We, the undersigned, residents of Orono, urge the Orono City Council
to deny the application for a Conditional Use Permit filed by Woodhill
Country Club, which seeks to open q driveway leading from the Country
Club through a residential neighborhood. (This application is scheduled
to be heard on May 11 at 7 p.m..) Woodhill Country Club is a private
social c)ub that sells.atcpho|. The club_hosts its members as well as
numerous invited guests attending social and sporting events. Opening
this driveway will dramatically increase traffic and increase traffic
danger, on surrounding streets, particularly Woodhill Avenue, Orono
Orchard Road and Watertown Rood. It would change the quiet,
residential nature of these surrounding streets and would set a
dangerous precedent for the disposition of future, similar requests by
developers and private clubs and businesses.
PLEASE PROTECT OUR STREETS-FOR NOW AND FOR THE FUTURE
NAME ^ADDRESS
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We, the undersigned, residents of Orono, urge the Orono City CouikiI
to deny the applicotion for a Conditionol Use Permit f iled by Woodhil!
Country Club^ which seeks to open a driveway leading from the Country
Club through a residential neighborhood. (This application is scheduled
to be heard on May 11 at 7 p.m..) Woodhill Country Club is a private
social club that sells alcohol. The club hosts its meml^rs vyell gs
numerous invited guests attending social and sporting events. Opening
this driveway will dramatically increase traffic and increase traffic
danger, on surrounding streets, particului .y Weodhill Avenue, #ren#
Orchard Road and Watertown Road. It would change the guiet,
residential nature.of these surrounding streets and would set a
dangerous precedent for the disposition of future, similar regu€
developers and private clubs and businesses.
PLEASE PROTECT OUR STREETS-tFOR NOW AND FOR THE FUTURE
NAME
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Wc, the undersigned, residents of Orono, urge the Orono City Council
to deny the applica^ion for a Conditional Use Permit filed by VVoodhill
Country Club, which seeks to open a driveway leading from the Country
Club through a residential neighborhood. (This application is scheduled
to be heard on May 11 at 7 p.m..) Woodhill Country Club is a private
social club that sells alcohol. The club hosts its members as well as
numerous invited guests attending social and sporting events. Opening
this driveway will dramatically increase traffic and increase traffic
danger, on surrounding streets, particularly Woodhill Avenue, Orono
Orchard Road and Watertown Road. It would change the guiet,
residential nature of these surrounding streets and would set a
dangerous precedent for the disposition of future, similar requests by
developers and private clubs and businesses.
PLEASE PROTECT OUR STREETS--FOR NOW AND FOR THE FUTURE
NAME ADDRESS
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Malkerson G illiland Martin up
HiY 0 5 1599
QV7Y Cr Qn0i\0
Suite 1500 ATaT Tower
901 Marquette A venue
M I N N E A PO LI 8, M I N N E S O T A 55402-3<J05
Telephone 6I2-344-iiii
Facsimile 612-344-1414
Bruce D. Malkerson, Esq.
Direct Dial (612) 344-1699
May 4,1999
Mayor and City Council
City of Orono
P.O. Box 66
Crystal Bay, MN 55323-0066
Re: Woodhill Country Club -- Residents on Woodhill Avenue
To be Heard on May 11,1999
Dear Mayor Jabbour and City Council:
A. Introduction.
I represent Shelly and Jerry Storch, Jane Delaney, Reed Larson, and Charles and Marla
Maile. They are Orono residents who live on Woodhill Avenue who would be directly and
adversely impacted by any temporary or permanent use of a proposed newly constructed access
road by Woodhill Country Club (the “Club”) which exits upon the quiet, dead-end residential
street that provides the only access to their homes.
The purpose of this letter is to provide an overview of the relevant facts and applicable
law related to the issues presented by the Club’s application for a conditional use permit for the
proposed use of this proposed access road.
Before proceeding, my clients asked that I thank you for having required last year that any
proposal for access by the Club should be addressed in the context of an application by the Club
for an amendment to the Club’s existing conditional use permit (issued in 1968). As we know, at
the Council meeting on May 26, 1998, Mr. Dayton, as President of the Club, stated that he could
see the direction that this matter was going and asked that the City Council take no further action.
He stated that the Club would proceed to try other traffic control measures at the intersection of
County Road 15 and Woodhill Road, which is the access to the Club, and return to the Council at
a later date.
The Mayor and City Council also stated that the Club could hire an off-duty police officer
at the Orono rate for other cities, which is approximately $39 per hour. Mr. Dayton stated that
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Mayor and City Council
May 4,1999
Page 2
the Club would proceed with the hiring of an off-duty policy officer during the rush hour period,
if needed. I do not believe the Club ever did so.
Instead, unfortunately, the Club chose to serve a Complaint and Petition for Alternative
Writ of Mandamus against the City on July 1, 1998, and sought a Court decision that the Club
need not obtain any permits of any kind from the City to build the access road and *' use it as the
Club deemed appropriate. Fortunately for my clients and many others who would t. adversely
affected if the Club prevailed, the City vigorously defended its right to require the Club to use the
conditional use permit process to see if access of some type should be allowed. The Club has
finally submitted an application while still claiming it has a right to do whatever it wants as
outlined in its allegations in the Complaint. It is unfortunate that this application must now be
reviewed and acted upon while the litigation is still pending, albeit temporarily on hold by the
Club. In most other cities, I would be afraid that in such a situation, the City would capitulate to
the demands of a litigant in its subsequent deliberations. I have no such fear in this case.
Additionally, since my clients have personal and business relationships with members of
the Club, no one wants to be in this situation. I am sure all parties wish they could turn back the
clock of time to a date before May 5, 1998 (when the Club built the access road) and start the
process over in a different way.
However, my clients have no choice now, as was the case last May, but to try to protect
their children, themselves and the neighborhood from the proposed use of the quiet, narrow,
poorly paved road serving dieir homes, by numerous vehicles coming to and from the Club.
B. Preliminary Review of the Facts.
1. The Club was built in approximately 1915 to 1917.
2. The main access to the Club was provided by a road (Woodhill Road) constructed
to County Road 15.
3. That road has adequately served the Club since then.
4. I do not know what the zoning was for the Club’s property at the time of
construction. For now I will assume that there was no zoning ordinance then or that the zoning
ordinance permitted construction of the Club.
5. At some point, a narrow dirt way was established by the Club which led to
Woodhill Avenue. No one seems to know when it was first used by the Club or whether the
necessary zoning permits were obtained. The way was used rarely through the years.
6. On May 23, 1968 the Trustees of the Club indicated that the Club decided to bar
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Mayor and City Council
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vehicular access to its property from Woodhill Avenue (see Response No. 17 by the City to the
Club’s Request for Admissions). The Club then applied for a conditional use permit on May 31,
1968. On September 9,1968, the Village of Orono approved a conditional use permit for non-
conforming uses for 150 acres of the Club and the conditional use permit was issued on
September 13,1968. The hand drawn map attached thereto does not show any proposed use of
Woodhill Avenue. This lack of connection is confirmed by Response No. 13 by the City to the
Club’s Request for Admissions.
7. Apparently at some point the zoning ordinance was amended to allow golf courses
as a conditional use permit in this district. However, the Club has never applied for a conditional
use permit for the entire 214 acre site, including use of any proposed access road to Woodhill
Avenue.
8. The Club has from time to time applied for conditional use permits for specific
new buildings and/or uses on the property which were processed as conditional use permits by
the City. However, the Club has not sought a conditional use permit for the property as a whole
(214 acres) or for this proposed access road. The Club is now seeking a conditional use permit
for the proposed access road to service the entire 214 acre site.
9. Prior to 1978 the Club had closed and not used the way mentioned above. In
May, 1978, the Club opened the gate to that way and there were numerous problems in my
clients’ neighborhood relating to speeding cars, noise and safety. The City Council reviewed the
issues on November 14, 1978. The Club thereafter locked off the way from further vehicular use
in the fall of 1978.
In 1980, the Club decided to keep the way closed and it has been closed since 1980 other
than possibly to drive a tractor down it in 1990 and again in 1997, so the tractor could be driven
to Long Lake for repairs (see deposition of Richard Fredrickson, the golf course Club’s
superintendent from 1989 to the present). From 1980 until presently, the pathway was used
otherwise only for bicycles and pedestrians.
10. Ini 988, the Club applied for and was granted a conditional use permit for a
maintenance building on top of the hill overlooking Woodhill Avenue. At that time
representatives of the Club represented to the City staff that the way to the west to Woodhill
Avenue would not be opened. Jeanne Mebusth stated in her deposition on page 95:
Part of my review would have to know if they ’re going to use Woodhill Avenue for
access to that maintenance facility. That would be very crucial thing. They told me no.
All access would come from the east from the existing road system they have. I said fine.
Now I wanted to get into the temporary uses. So, was it going to be used during
construction. No.
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Mayor and City Council
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11. In early May, 1998, the Club expanded the way into a wider gravel road,
removing numerous trees and vegetation and graveling the area. No permits were sought by the
Club prior to the work. The Club did not apply for a conditional use permit for the construction
of the gravel road or a permit to extend the gravel road onto a public street.
C. niscussion of Relevant Parts of the Club’s Application .
The Club, in its application, provides its version of the history of the ownership of
property, permits for the Club, special assessments, and historical use of the way to Woodhill
Avenue. A review of the depositions in this case and the City ’s Responses to Request for
Admissions and Answers to the Club’s Interrogatories shows that the City and Club do not agree
on the relevance and veracity of many of “facts ” alleged by the Club in the application. The Club
can debate what are the facts for some time. However, what is not debatable is that the Club
must obtain a conditional use permit and other permits to construct and use a access road to
Woodhill Avenue, for one of several different reasons:
1. The 1968 conditional use permit did not show a connection to Woodhill
Avenue and it did not indicate the public would be using Woodhill Avenue.
2. If it is found that the Club did obtain some sort of approval for access to
Woodhill Avenue, the Club lost that use due to the non use of the way to Woodhill
Avenue for at least the period from 1980 to the present (if not before 1980). The City
Code states in Section 10.09:
“Subd. 9. Conditional Uses: Lapse of Use. Should a conditional use permit lapse
or cease for a period of six (6) months, future use shall be in conformance with
the terms of the Zoning Chapter unless such lapse or cessation is determined to be
due to illness, natural disaster or acts of war.”
This purposeful lapse of use was repeatedly reinforced by the Club, including the
representations made by the Club to Ms. Mebusth in 1988 related to the conditional use
for the maintenance building.
3. In any event, the proposal now by the Club for permanent vehicular use of
this proposed access road for the entire Club area of 214 acres is a dramatic expansion
over the very limited prior use and represents the very reason why such uses need to be
treated as conditional use permits.
Instead of focusing on disputed history, the City correctly is focusing on the
standards in its ordinances.
There are two real but unspoken reasons for the Club’s desire to open the
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Mayor and City Council
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vehicular access to Woodhill Avenue for its members and guests. First, the Club believes
Woodhill Avenue would be more convenient for some of its members and guests. The
members and guests may be able to save a minute or two during rush hour traffic times on
County Road 15. However, convenience is not a test under the City ’s ordinances.
Secondly, the Club by engaging in this access fight in Court has painted itself, it thinks,
into a comer. If at some point the Club loses the access onto County Road 15, on a
temporary or permanent basis, the Club wants to make sure that the Club’s actions now
will not limit the possibility of the City ’s approving full vehicular access onto Woodhill
Avenue in the future. The Club’s fears are unfounded since the City always retains the
right to grant permission to access a public road under appropriate conditions. Indeed, if
the Club lost all access to County Road 15 at some time in the future (which is highly
unlikely), the City would want to provide a new replacement access to the Club. Such a
new replacement access may be legally required. However, that is not the issue before
the City presently. To provide comfort to the Club, the City Council need only reserve
the right to revisit the access to Woodhill Avenue in the future if conditions warrant it.
D. The Standards for issuing a Conditional Use Permit.
The approval of any application for a conditional use permit or amendment thereto must
meet the standards of the (^ity Code.
The Club has not and can not show that it meets the applicable tests.
Test!
“That the proposed location of the conditional use is in accord with the objectives in the
Zoning Chapter and the purpose of the district in which the site is located and
Comprehensive Municipal Plan ” Section 10.09, Subd. 6, A, I
The Club and the area adjacent to Woodhill Avenue which will be impacted are zoned
RR-IB. The objectives of the RR-IB zone are as follows:
“Subd, 1. Purpose. The “RR-IB” One Family Rural Residential District is intended to
provide a district which will allow a combination of low density residential development
and limited agricultural activity.”
Although golf courses are a conditional use permit in this district, the use of a residential
road such as Woodhill Avenue for commercial purposes as proposed by the Club obviously does
not fit with low density residential uses or agricultural use.
Any application for any after the fact permits by the Club for permits to use this newly
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Mayor and City Council
May 4, 1999
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built access way needs also to be analyzed as it relates to the City’s Comprehensive Plan. The
City’s 1980 Comprehensive Management Plan (CMP) Prohibits a Temporary or Permanent
Commercial Access Road to Woodhill Avenue.
1. The Woodhill Avenue area is in the rural residential area (see Exhibit D).
2. Page 2-7 states:
Rural neighborhoods will be reserved for low-density residential uses ...
No new commercial ... activities will be permitted ...
3. Page 4-12 states a land use goal is:
4.to protect neighborhoods from encroachment of incompatible land
uses.
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4. Page 4-20 states as to rural areas:
Urban services are not compatible with rural land use. ... extensive public
road maintenance ... camiot be economically justified or easily provided
5. Page 5-13 states:
No new development will be permitted to conflict with or adversely affect
the established neighborhood character.
6. Page 7-2 states:
... a street system must be provided for safe access to all developed
properties vvith sufficient capacity to acconunodate the expected number
of trips generated by the planned land use.
7. Page 7-16 states:
Local streets are public streets that function to provide direct i*,ccess to
abutting properties. Local streets carry traffic within neighborhoods rather
than through traffic between neighborhoods.
8. Page 7-17 states:
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Private driveways shall be subject to access permits according to the
classification of the abutting street. Maximum service: 1 residence typical
9.Orono Orchard Road, which services Woodhill Avenue, is a scenic parkway.
Page 7-16 states:
High volume through traffic and commercial traffic is not appropriate on
scenic parkways ...
Test 2
“That the proposed location of the conditional use and the proposed condition under
which it would be operated or maintained would not be detrimental to the public health,
safety or welfare, or materially injurious to properties or improvements in the vicinity.”
Section 10.09, Subd. 6. A, 2.
The increased commercial traffic on Woodhill Avenue, a residential street, will obviously
be detrimental to the public health, safety and welfare of those living in the area and their guests,
including but not limited to the five children living there. The enclosed report by Mr. Benshoof,
a traffic consultant, confirms that conclusion.
Summary
The above sections of the CMP and City ordinance clearly do not support, and in fact
oppose, any temporary or permanent use of Woodhill Avenue to provide access to the Club. A
recent change in state law makes it illegal for a city to grant any permits for a use that is contrary
to a city ’s comprehensive municipal plan. I understand the City Council last year denied an
access to a residential street for another golf course for similar reasons.
E. Other Applicable City Ordinances
1. The Club must also obtain a permit from the City before it can construct or
reconstruct any driveway, or any driveway approaches, or curb cuts (Section 6.05). To do so
without a permit is a misdemeanor. The Club has proceeded to do so without such a permit. The
ordinance provides that a permit may be issued if the resulting use would not impose an
unreasonable hazard to the public and if the other requirements are met.
The Club is clearly a business. Section 6.05, Subd. lOA states:
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Mayor and City Council
May 4,1999
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Only one business driveway shall be allowed per development unless a
greater number of driveways are approved by the City, or approved as part
of the site plan review.
Paragraph D states:
No portion of a driveway approach ... shall be constructed ... within 100
feet of a comer in a residential district.
My clients believe that any temporary use or permanent use of Woodhill Avenue by
commercial traffic from the Club would create such a hazard and woi'ld not comply with the
above standards.
1 understand that the City of Orono issues a liquor license to the Club annually for
activities at the “Bam ”. My clients ask that when the liquor license is up for renewal that the
review of the license take into effect the vehicular access, if any is approved, to Woodhill
Avenue.
There may be other applicable ordinances of which we are unaware,
F. The Factual Reasons for Denying the Temporary or Permanent Use of Woodhill Avenue
as an Access to the Club Are as Important as the Legal Reasons
1. Woodhill Avenue is unlighted, narrow, poorly maintained, with blind
intersections. It is not suitable for conunercial traffic. There is no sidewalk or pedestrian
walkway or bikeway. All pedestrians and bikes must use the street.
2. The use of the road by commercial traffic will endanger the children, homeowners
and their invitees in the area.
3. The commercial traffic will include some patrons of the Club who have been
consuming liquor before using the road.
4. Any traffic in the evening will be more hazardous because Woodhill Avenue is
not lighted.
5. Orono Orchard Road, a scenic parkway, is not constructed or maintained to
handle more commercial traffic.
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May 4,1999
Page 9
6. The intersection at Orono Orchard Road and County Road 15 is already
dangerous, and will become more dangerous with more traffic from the Club, because of the
curve in the road to the west, limiting visibility.
7. The Club’s access onto County Road 15 is safer than the use of Woodhill Avenue
and/or the intersection of Orono Orchard Road and County Road 15 because:
A. The Club members are familiar with its use.
B. County Road 15 at that location is straight and there is better visibility.
C. There are no children in the immediate area or homes facing upon that
intersection.
D. At County Road 15, there is an existing eastbound left turn lane into the
Club and there will be westbound right turn lane into the Club.
E. Woodhill Avenue is inadequate for such use for reasons discussed above.
8. Any perceived problem at County Road 15 for the Club members or others using
County Road 15 can be addressed in several ways, including but not limited to:
A. Moving the temporary visual barriers;
B. Lowering speed limit on County Road 15 during construction;
C. Club’s hiring of a flag person or off-duty policy officer during peak traffic
hours, if ever needed;
D.
E.
Members learning to access Club during non-rush hour.
Adding cautionary signage.
itv Council decides to approve the VehicGL In the event th&-Citv Council decid^
sh^diif^tlWUfld^ folfawsr " ^^
ess then the Council
The Club shall install a gate across the road which shall be locked at all times (this is
Club’s request numbers 1 and 2 with a clarification), except when used as follows:
A. Use of the road by emergency vehicles (police, fire, ambulance and
utility). (This is Club’s request number 3, page 1).
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Mayor and City Council
May 4,1999 -
Page 10
B. Use of the road for transporting Club tractors to and from Long Lake for
repair. (This is Club’s request number 5, page 1).
C. Use of the road for general access if V/oodhill Road access to County
Road 15 is temporarily blocked (subject to reasonable notification to the City and affected
neighbors), but only during the period of such temporary blockage. (This is Club’s
request number 6, page 1).
' D. Use of the road under the terms of that certain Easement Agreement, dated
, October 5,1987 between the City, the Club and MSM, which benefits one residential lot
\ / if County Road 15 access is blocked. (This is Club’s request number 7, page 1).
^\The only request of the CMub which must not be approved is number 44hat states:
tdhill Avenue access simi be available for entrance a^exit by Woodhill members
and in^ked guests between 7:0Q a.m. and 8;00 p.m. during tnM^s that Woddhill is
open V
City ^o^d li
TTiij^ove apprdv^uses would be g^ed “Basic Rights,’’ a term used by the Club. The
ermit ter 4iftrp8Qrto (ntermine what problems there were in the prior year^
right to rev elw^the permit or add conditions ’’ ^ ’
Section 10.09, Subd. 6, B. f7
On page 2 of the application, the Club stated the City can delete the following uses from
the 1968 conditional use permit. The following uses however, are not part of the 1968
conditional use permit. In any cnt the Club can always apply for an amended conditional use
permit in the future to include these items the Club agrees should not be part of any conditional
use permit at this time.
1. Conversion of the Woodhill Avenue access into the main entrance for Woohill on
a permanent basis.
2. Woodhill Avenue as an entrance or exit by delivery, taxi, service, or other
commercial vehicles.
3. Woodhill Avenue as an entrance or exit by the general public.
4. Woodhill Avenue as an access at time periods other than those allowed in the
Basic Rights defined above.
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Mayor and City Council
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5. Expansion of Woodhill ’s west driveway between the maintenance building and
Woodhill Avenue.
6. Bituminous paving of the driveway abutting Woodhill Avenue
7. Signage concerning Woodhill on Orono Orchard Road.
The Club further requests either amendment to the 1968 conditional use permit or
acknowledgment by resolution that the right of access to the Woodhill property exists
independent of any conditional use permit process in the following two circumstances:
“1. Under the terms of the Easement Agreement.” That agreement, and the duties of
parties thereunder, speaks for itself and need not be part of any conditional use permit at this time
but since it benefits only one lot it has a minimum effect on safety.
“2. If all access from Woodhill to County Road 15 is permanently blocked as a result
of either Highway 15 alteration or improvement or because of the railroad right-
of-way, the right of reasonable access to the Woodhill Property is required and is
not subject to revocation through the conditional use permit process.”
If that situation ever develops, the Club must apply for a conditional use permit so the
City can decide if such use is warranted and if so, what conditions must be imposed in order to
protect the health, safety and welfare of the citizens in the area and the users of the roads.
Moreover, there may be other solutions to such a theoretical future problem as to access onto
County Road 15. For example, if the railroad ever lawfully closes the access to County Road 15,
the City could condwtui the access as a public road to a point where the road enters upon the
Club’s property.
H. If the City decides that Access should be allowed onto Woodhill Avenue now, in addition
to the Access set forth in Section G above, the City should require the followine:
1 . Access on the Club’s driveway will be for members only, and only on the basis o f
one way, fro tnwgst to ea^TheUlq^ claims it needs access for the convenience of its members
who live to the west and northwe^tof the Club. Ho^teVer those members who leave the Club on
Woodhill Road at County^ldad 15 have an easy^ri^t turn on County Roddfl 5, then an e^y right
turn on Orono Orcharji^Road, which then pa^«« Woodhill Avenue. There is no needfo use
Woodhill Avenup^'^l^en those member^/dpproach from the norpiwest or west, wifnout access to
Woodhill^v^nue, they take a left frqjrfurono Orcha;d Road,.0fuo County Road 1 5 and then a
left (on ileft turn lane) into the Club. That is a very gbocKvay of access^/Hbwever, if the
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Mayor and City Council
May 4,1999
Page 12 ^
Council believes ^at those members/need a more^ionvenient access, then limit that access to a
one way up the^cess road, since the exiting to the west from the Club on Woodhill Avenue at
County Road p is an easy exit and there is no need to use Woodhill Avenue.
2. / Th€"g^ at the acces^O^ should be apardl[Ce|ess gate so oiily^ublnem^ers
can use xi^tiaso the^lub’sjpxjfclsortn]p use^^n-iliow theejttent^t«tlcn a use and by whom,
and the^l^e reduces
le use shouljikb^limi|ed to 20-30 c^Mfips per weekday (Qub^s estimate) and 50
car trips faef weekend day^Club estiniates 50-6^)^ mis is also the estiotdte provided by the
Club’s,.tT^c cqnsult^nt^d is the bj^is fqpttte consultant ’s stateWnt that such use would not be
harqmil. ___
4. The Club should install three way stop signsatibe interse<^mof Woodhil
Avenue where it extends to the so^^, . , \Tu /^/L
5. Th^jCTuQsn^uldmst^l bumps along the^'Oodhill\Kvenue .*^These are
used effectivelyTn Minneapolis iijjesiHmtial arejas. SnowjjlowTfiaveno problems^ plowing over
them. Postd^speedsi^ ,, ^ i,
6. The access road ohould retna|^ grov el to assis t In sluwing cai i
/ (A/ V^
The City should limit tji^ permit
litve^etri
to determine what problems there were in
•ight to ici^kj^he permit or impose additional
I. If the City decides to allow Access in both directions to a greater degree, then the City
should do so only as follows :
1 . Access only between 4:00 p.m. and 6:00 p.m. on weekdays in the summer since
that is the rush hour time period on County Road 15. Few members access the Club during
morning rush hour. Even in that situation, there is a left turn lane when heading east at the
entrance to the Club at County Road 15, and there is little oncoming traffic from the east. The
access from the east is always an easy right turn.
2. The gate at the access road should be a card access gate so only Club members
can use it, and so the Club’s records of the use can show the extent of such a use and by whom.
3. The use should be limited to 30 cars per day (one trip in, one trip out per car = 60
trips). The Club’s traffic consultant assumed that is the maximum use.
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4. The Club should install three way stop signs at the intersection of Woodhill
Avenue where it extends to the south.
5. The Club should install three speed bumps along the Woodhill Avenue. These are
used effectively in Minneapolis in residential areas. Snow plows have no problems plowing over
them. Posted speed signs are ineffective.
6. The access road should remain gravel to assist in slowing cars down.
The City should limit the permit for one year to determine what problems there were in
the prior years and the City should maintain a right to revoke the permit or impose additional
conditions, as allowed by Section 10.09, Subd. 6, B.
Conclusion
All parties should be afforded procedural due process by having enough time to analyze
the issues presented. If the Club submits evidence other than in its application on file with the
City, we ask the City Council to continue this matter until all of the new evidence can be
analyzed and addressed. Only then should the City Council make a decision. For example, the
Club filed its application on April 21, but the Club did not file the traffic consultant ’s report until
Monday, May 3, leaving City staff and my clients and their traffic consultant little time to review
and respond to it. Thank you for this opportunity to comment on this very important issue.
Please call me or my clients with any questions or if you need any additional information.
If you can, please inspect Woodhill Avenue prior to the meeting.
Very truly yours.
Bruce D, Malkerson
Enclosures
cc: Ronald Moorse, City Administrator
Mike Gaffron
Gary Cheswick, Chief of Police
Tom Barrett, City Attorney
Shelly and Jerry Storch (476-1273)
Jane Delaney (473-4666)
Reed Larson (473-1696)
Charles and Marla Maile (475-1885)
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IQ!^ BENSHOOF & ASSOCIATES, INC.
- TRANSPORTATION ENGINEERS AND PLANNERS
hy}' • U ' 5" B
I 1(H17 EXCELSIOR BOUIEVARD. SUITE TWO / HOPKINS. MN 55343/(612) 238-1667/FAX (612) 238-1671
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May 4,1999 n2Z2rs2D REF=ERTORLE:98-39
\m 0 5 1999
Woodhill Avenue Residents
do Kfr. Chiles Maile
1260 Woodhill Avenue .
Orono, MN 55391
Ci i Y Or Cri0i\’0
RE: Updated Traffic Review of Possible Access Connection to Woodhill Avenue from
Woodhill Country Club
Dear Residents:
PURPOSE
This letter is to update the review we performed about a year ago regarding the traffic
impacts of the access connection that Woodhill Countty Club has proposed to establish to
and from Woodhill Avenue. The results of our prior review were documented in a If ner
to you dated May 26.1998. Recently, the Woodhill Countjy Club submitted to Ae City
of Orono an application for a conditional use permit amendment. The two principal
purposes of this amendment are: 1) to acknowledge certain basic lights of access for the
Countiy Club to Woodhill Avenue and 2) to impose certain restrictions and conditions
on the Country Club’s proposed use of an access connection to Woodhill Avenue.
We have carefblly reviewed the Woodhill Countiy Club’s current application. In
addition, we have reviewed the letter submhted by Edward Axt of the Parsons
Biinckerhoff firm to James McCarthy of the. Lindquist A Vennum firm dated April 30,
1999, which documents a traffic study performed by the Parson firm of the proposed
/aaccess connection to Woodhill Avenue. In evaluating the traffic impacts of the Country
Club’s application, we also have accounted for the following items: information that we
established a year ago. current observations on Woodhill Avenue and at the intersection
of County Highway 15 and Woodhill Country Club Road, and information from
Hennepin County regarding improvements to County Highway 15.
The results of our current traffic review are presented in the following sections:
• Insufficient study regarding adequacy of access on County Highway 15
• Negative impacts caused by Country Club use of Woodhill Avenue
• Possible option of one-way in only access •
• Recommended conditions if City Council approves access
• Conclusions
t¥iY-04-1999 14:57 BENSHOOF & RSbUC.blei IbYl t-'.eU/'kJY
Woodhill Avenue Residents May 4,1999
INSUFFlCa:NT STUDY BEGABDING ADEQUACY OF ACCESS ON COUNTY
HIGHWAY IS
In my earlier review letter tn you dated May 26,199S, we nused a seiious issue that the
Country Club had not submitted to the City prior to that date any report justifying their
proposed access to Woodhill Avenue. For land uses like the Country Club that generate
significant traffic volumes, we indicated that when an access change is proposed, it is
standard practice to complete a traffic study to address the needs and implications of such
an access change. Five key questions which need to be addressed and which I stated in
my May 26.1998, letter are:
• What are the principal issues and needs influencing the potential change in
access?
• What are the possible solutions to fulfill the needs?
In evaluating the candidate solutions, what factors are p^eularly importwt
to address in terms of potential impacts on users of the development, on
nearby property owners, and on the public roadway system?
• What are the advantages and disadvantages of the candidate solutions in
terms of the pre%dously identified factors?
• Can any of the candidate solutions be implemented in a manner to benefit
users of the development and to avoid significant negative impacts on nearby
property owners and/or the public roadway system? If so, what is the
preferr^ solution?
• , •
Materials included with the Country Club’s current application, including the traffic
study report by the Parsons firm, provide a partial response to ffie above questions. These
items, however, fall for short of a complete response to the questions listed above. Three
serious weaknesses of the traffic comments provided by the Country Club are;
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1. The Country Club’s application does not acknovdedge the benefits that will be
accomplished to their access on County Highway 15 through the
improvements presently being construaed on County Highway 15. These
improvements include an eastbound left turn laiie and a westbound right turn
lane so that all motorists turning into the Country Club from County Highway
15 will have a protected turn lane.
.2. Neither the Country Club’s application nor the Parsons report provide any
actual data or technical analyses regarding the level of service for their users
to gain access to County Highway IS at Woodhill Road. In other words, they
have not documented whether serious delays actually are encountered in
. gaining access to County Highway 15 during any particular hours or days.
3 . The Parsons report refers to traffic counts conducted on Woodhill Road at the
end of September and beginning of October 1998. It is important to recognize
that this is an off-peak period for the Country Club. As such, we believe that
it is invalid to rely upon such off-peak data for the purpose of evaluating the
impacts of the proposed access to Woodhill Avenue.
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bl2 2;J0 IbYl K.k34/'0Y
May 4, 1999
NEGATIVE IMPACTS CAUSED BY COUNTRY CLUB USE OF WQODHILL:
AVENUE
The Country Club’s application includes their estimation that their tr^c use of Woodhill
Avenue “will be in the range of 20 to 30 trips per day on weekdays, and possibly 60 on
weekend days in the summer months of June and July.” Page seven of the report
corroborates the preceding weekend projections through their statement that ..it is
therefore estimated that no more than 60 trips (i.e. 30 members per day) would use the
Woodhill Avenue access...In our judgment, the Club would have to exercise very
stringent controls to limit the usage of Woodhill Avenue the volumes cited in their
application. The reason for this comment is that their pi ,4Cted volume usage represents
only five to eight percent of the total daily trip generation for the Country Club.
Thus, for purposes of addressing the impacts of the Country Club access on Woodhill
Avenue, we have utilized the Club’s projections that ^e volumes on Woodhill Avenue
would increase by 20 to 30 vehicles per day on weekdays and by 60 vehicles per day on
weekend days in the summer. Considering that Woodhill Avenue presently serves just
six homes, the effects of the Country Cliib access would be to cause a 50 percent increase
in the tot^ volume using Woodhill Avenue on weekdays and to cause a two-fold increase
in the volume on weekend days.
In our judgment, this expected magnitude of traffic increase would cause noticeable
adverse impacts for the existing residents saved by Woodhill Avenue. In this regard, we
take exception to three points ei^ressed on pages 8 and 9 in the Country Cjub’s
application, which suggest that no traffic difficulties would be experienced. These three
points and our responses are as fellows:
• •
a) T7te two residences located at the intersection of Orono Orchard Road and
Woodhill Avenue have a limited impdetfrom the restoration of the Woodhill
Avenue access. The driveways for these two homes are on Woodhill Avenue.
Their ability to use these driveways would be impacted by the motorists
traveling to and from the Country Club. Further, the safety of these residents
to walk or bicycle along Woodhill Avenue would diminished.
b) The entrance from the Woodhill Ridge private road onto Woodhill Ayenue
does not pose any significant traffic hazard. To the contrary, we believe that a
serious safety hazard would exist because extensive trees and brush obstruct
sight distance in the southeast comer of this intersection.
c) While pedestrian or bicycle use by children of the public street will ej^Hfse the
children to a greater level of traffic on Woodhill Avenue than is present today,
the level of traffic is substantially less than the level of trtzffic usually
encountered on residential public street in Orono and elsewhere. This
comment overlooks the point that Woodhill Avenue is just wide enough for
two traffic lanes and does not have a sidewalk or bike path. The Club’s
• application and the Parsons report conflict with each other regarding the width
of Woodhill Avenue. The application indicates that Woodhill Avenue is 22
mY-04-1999 14:58 BENSHOOF & OSSOC.bl2 23B IbVl P.05/07
Woodhill Avenue Rwidents May 4,1999
feet wide, whereas the Parsons report states that the width is 24 feet, nine
inches. In any event, the width of Woodhill Avenue is not sufficient to
acconunodate a motorist traveling in each direction plus a pedestrian or
bicyclist traveling in one direction. .
POSSIBLE OPTION OF ONE-WAY IN ONLY ACCESS
Our preferred outcome at this time is the same as expressed in our May 26,1998, letter,
namely that no access for the Woodhill Country Club should be approved on Woodhill
Avenue at the present time. One reason is that such access would cause negative impacts
on Woodhill Avenue. The second reason is that the Country Club has not presented a
factual analysis which demonstrates that the access on County Highway IS does not meet
normal performance standards and which demonstrates that access on Woodhill Avenue
is the most prudent solution to provide adequate access for the Country Club.
1^ in spite of the preceding points, the City Council is inclined to consider potential
access for the Country Club on Woodhill Avenue, we would raise the possibility of one
way in only access. Two principal characteristics of this option are:
a) The traffic impacts on Woodhill Avenue would be just half of the impacts
with full two-way access.
b) One-way in only access would meet the principal need expressed in the
■Country Club’s application.and in the Parsons report namely to accommodate
persons coming to the Club from the north on Qrono Orchard Road. If access
were available via Woodhill Avenue, these users would not have to turn left
onto County Highway IS at Orono Orchard Road and then turn left off
County Highway 15 at Woodhill Country Club Road. The return movement
for these users could be accommodated readily without using Woodhill
Avenue by making a right turn onto County Highway IS at Woodhill Country
Club Road and then another right turn onto Orono Orchard Road.
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RECOMMENDED CONDITIONS IF CTTY COUNCIL APPROVES ACCESS
As previously expressed, we believe, that the most prudent action at the present time
would be to maintain the current prohibition regarding Woodhill Country'Club access on
Woodhill Avenue. However, if the City Council is inclined to consider some access
arrangements, it is highly important to establish a series of conditions that will limit the
negative impacts on Woodhill Avenue. If the City Council is inclined to approve a one
way in only access, we would recommend that siich approval action be contingent on the
following conditions:
1. Woodhill Avenue shall not be used as the main entrance for the Country Club.
2. Woodhill Avenue shall not be used as an entrance or exit by delivery, taxi,
service, or other commercial vehicles.
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3. Woodhill Avenue shall not be used as an entrance or mt by the general
public.
4. Use of the Woodhill Avenue access shall only be allowed during the hours of
7:00 a.m. to 8:00 p.m,
5. The Countiy Club shalI not expand its west driveway between the
maintenance building and Woodhill Avenue.
6. The Country Club shall not install any bituminous paving on its driveway
connection to Woodhill Avenue.
7. The Countiy Club shall install a card controlled gate system on the driveway
connection to.Woodhill Avenue, which limits access to card holders and
which records every vehicle using the driveway.
8. On a monthly buis, the Country Club shall furnish to the City a complete and
accurate report from the card reader system, which documents the actual
number of vehicles using the driveway each day of the month.
9. If the average weekday use exceeds 1S vehicles per day of if the average
weekend day use exceeds 30 vehicles per day, the Countiy Club commits to
initiating immediate actions to reduce volume usage to the limits of 15
vehicles per day on weekdays and 30 vehicles per day on weekend days.
10. The City shall review the conditional use permit granting this access approval
on an annual basis. If the Club's usage of the driveway exceeds the limits
defined in condition 9. on two or more months or if other problems develop,
the City has the flill and complete authority to impose other conditions or to
revoke the access permit and completely prohibit the Countiy Club from using
Woodhill Avenue
11. The City shall install two bituminous speed humps on Woodhill Avenue, with
the costs to be reimbursed by the Countiy Club. We would suggest using the
City of Minneapolis standard, which is a hump three inches high, 12 feet long,
and across the full width of the roadway. The most westeily hump should be
250 feet east of Orono Orchard Road, and the second hump should be 250 feet
farther to the east.
12. The City shall install a stop, sign on eastbound Woodhill Avemie at Woodhill
Ridge.
.13. The Country Club shall install *‘do not enter" signs on the driveway within
their site to clearly inform Country Club users that the driveway cannot be
used for exiting purposes.
14. The City shall implement the folldwing three changes to enhance.the safety
for residents traveling westbound on Woodhill Avenue to Orono Orchard
Road;
Trimming the branches that overhang the westbound portion of
Woodhill Avenue from the evergreen trees for the home at 190 Oiono
Orchard Road.
Installing a stop sign in the northeast comer of the Orono Orchard
Road/Woodhill Avenue intersection for westbound traffic bn Woodhill
Avenue.• • •
Trimming the brush for a distance of about 10 feet in the southwest
comer of the Orono Orchard RoadAVoodhill Avenue intersection
nqY-04-lJ99 14:59 BENSHOOF & ftSSOC.bl^ dJti IfaVl K.kr('/k3Y
Woodhill Avenue Kesidents Mey4,1999
If the City Council is inclined to approve some arrangements for two-way access, .
changes are needed to four of the preceding conditions plus one new condition should be
added as follows:
6. This condition specifies no bituminous paving of the driveway connecting
with Woodhill Avenue. If two-way access is approved, we would recommend
bituminous paving to the eastern edge of the City right-of-way. This
recommendation to extend the bituminous paviiig to the east is made in order
to prevent the tracking of gravel into the Woodhill Avenue/Woodhill Ridge
intersection.
9. If the average weekday use exceeds 30 vehicles per day or if the average
weekend day use exceeds 60 vehicles per day, the Country Club commits to
initiating immediate actions to reduce volume.usage to these maximum levels.
12. The City shall install stop signs on eastbound Woodhill Avenue and on the
westbound driveway at the Woodhill Ridge intersectioru
13. This condition would need to be deleted.
1S. At the expense of the Country Club, the City shall clear the brush in the
southeast comer of the Woodhill Avenue/Woodhill Ridge intersection for a
distance of about-25 feet from the intersection iri both the east and west
directions.
CONCLUSIONS• •
• * • * • *
Through the updated traffic review, presented in this letter, I have attempted to express
our continuing concerns regarding Averse impacts.that would occur bn Woodhill
Avenue if the Woodhill Country Club is allowed to establish an access connection to this
local roadway. Given these negative impacts and given the lack of sufficient
documentation from the Country Club that the Woodhill Avenue access is necessary, we
continue to favor an outcome whereby the Country Club is not allowed to gain access to
Woodhill Avenue. If the City Council is inclined to approve some access arrangements,
we have presented a series of conditions that we believe are necessary to avoid serious
impacts on Woodhill Avenue. Let me know if you have any questions about items
addressed in this letter.
• •
Sincerely,
* • • • ^ •
BENSHOOF & ASSOCIATES. INC.
les A Benshoof
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CITY OF ORONO
2750 Kelley Parkway, P.O. Box 66
Crystal Bay, MN 55323
Phone (612)249-4600 Fax 249-4616
NOTICE
The City Council will hold a public hearing in the Orono Council Chambers at 2780 Kelley Parkway
on Tuesday, May 11,1999 at 7:00 p.m. on the matter of application #2484, a request by Woodhill
Country Club, 200 Woodhill Roa^ for a conditional use permit amendment. Woodhill Country
Club requests that its 1968 Conditional Use Permit be amended 1) to acknowledge certain basic
rights of access to Woodhill Avenue; and 2) to impose certain new restrictions and conditions on
Woodhill's access to Woodhill Avenue.
All persons wishing to be heard will appear at this time. Written comments are solicited. A copy
of Woodhill Country Club's application is available in the City offices for review.
City of Orono
By: City Council
Michael P. Gaffion, Senior Planning Coordinator
To be published the weeks of April 24 and May 1,1999,
. ((j
Bonestroo
Rosene
Anderlik &
Associates
Engineers & Architects
April 30,1999
Mr. Michael P. Gaffron,
Senior Planning Coordinator
City of Orono
Post Office Box 66
Crystal Bay, Minnesota 55323
Re: Woodhill Country Club
File No. 139-2484
Bonestroo. Rosene. Anderhk and Associates, tnc. is an Affirmative Action/Equal Opportunity Empi
Principals Otto G Bonestroo. PE • Joseph C Anderlik. PE • Marvin L. Sorvala. PE •
Richard E. Turner. PE • Glenn R Cook. PE • Robert G Schunicht. PE • Jerry A Bourdon. PE •
Robert W. Rosene. PE and Susan M Eberhn. C PA . Senior Consultants
Associate Principals Howard A. Sanford. PE. • Keith A. Gordon. PE • Robert R Pfcfferle. PE •
Richard W. Foster. PE • David O. Loskota. PE • Robert C Russek. AI A. • Mark A. Hanson. PE •
Michael T. Rautmann. PE. • Ted K Field. PE • Kenneth P Anderson. PE • Mark R Rolfs, PE •
Sidney P Williamson. PE . L S • Robert F Kotsmiih • Agnes M Ring • Michael P Rau. PE. •
Allan Rick Schmidt. PE
Offices St Paul. Rochester. Willmar and St Cloud. MN • Milwaukee. Wi
Website WWW bonestroo com
!.! \Y 0 5 1999
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Dear Mike,
We have reviewed the preliminary grading plan, drainage area map and drainage calculations for the proposed
westaly access to Woodhill Country Club. The access is located at the west end of WoodhUl Avenue in the north
half of Section 21. The following is a list of engineering issues that should be addressed as part of the plan
review process.
• The proposed roadway is shown as steep as 14% in some locations. City code specifies a maximum
allowable grade of 12% for private streets. Driveway grades exceeding 10% are typically discouraged.
• The proposed street grades may be an erosion issue. Bale checks or some other erosion control measures will
be required during and afier construction. Vegetation will need to be established along the roadway to
prevent scouring in the ditch sections.
• Final plans should include a typical street section in accordance with City standards for a private roadway.
• Tlie proposed road surface is gravel. Dust may be a problem depending on the amount of daily traffic. Some
type of permanent dust control measures may be required.
• The drainage area map and drainage calculations appear acceptable. It appears that water east of the 976
contour could be diverted to the existing pond shown on the plans. Storm water runoff and erosion potential
could be minimized if some flows could be routed to the existing pond.
• Retaining wall design and details should be submitted for review.
Please contact me at 651-604-4863 if you have any questions regarding this matter.
Yours very truly,
BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC.
Tom Kellogg \£^
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2335 West Highway 36 • St. Paul, MN 55113 ■ 651-636-4600 • Fax: 651-636-1311
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DRAFT
CSAH 15
I X TRAFFIC MANAGEMENT
STUDY
Bonestroo File No. 139-98-805
April 30,1999
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Table of Contents
r. INTRODUCTION
II. EXISTING CONDITIONS
A. Functional Classification
B. Traffic Operations Characteristics
C. Traffic Volumes
D. Accident Experience
E. Level of Congestion
III. IMPROVEMENT CONCEPTS
IV. CORRIDOR IMPROVEMENT RECOMMENDATIONS
V. EAST-WEST TRANSPORTATION NEEDS
VI. WOODHILL ROAD AREA IMPROVEMENTS
Figures
1. CSAH 15 Corridor
2. Traffic Lane Availability
3. 1996 Average Annual Daily Traffic
4. Average Weekday Peaf: Hour Volume
5. A.M. Peak Hour Volumes
6. Number of Accidents - 1995 through 1997
7. Roadway Improvement Concepts
8. Two Way Left Turn Lane
9. Fox - Orono Orchard Road Connection
10. Wcodhill - Orono Orchard Road Connection Alternatives
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Tables
1. Average Daily Traffic Volumes on CSAH 15 January through June 1998
2. CSAH 15 Accident Types - 1995 to 1997
3. Intersection Accident Rates 1995 to 1997
4. CSAH 15 Segment Accident Rates
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1.INTRODUCTION
The City of Orono has expressed concern with regard to the traffic movement efficiency and the
accessibility to/from County State Aid Highway (CSAH) 15 between CSAH 51 and Femdale
Road West. This roadway is also called Shoreline Drive. The location of this corridor is shown
on Figure 1. The study segment is approximately one and three-quarters of a mile in length. The
City of Orono has ordered a study of this segment of roadway for purposes of analyzing the
following:
Analyze the CSAH 15 corridor between CSAH 51 and Ferndale Road with regard to traffic
movement and access from cross streets. Analyze methods to improve east-west traffic
movement that could provide some relief to CSAH 15.
Analyze the feasibility of providing a frontage road on the north side of CSAH 15 between
Woodhill Road and Orono Orchard Road.
Analyze the feasibility of signalizing the CSAH 15 intersections with CSAH 51 and with
Orono Orchard Road.
This document provides the findings and conclusions of the analyses conducted to respond to the
above stated study elements.
II. EXISTING CONDITIONS
This report chapter provides a discussion of various existing conditions along the CSAH 15
corridor including lane conditions, functional classification, traffic volumes, and accident
occurrence.
A. Functional Classification
The Metropolitan Council Transportation Systems Map classifies CSAH 15 as an “A” Minor
Arterial - Expander. The Metropolitan Council Transportation Policy Plan defines an “A”
Minor Arterial as a “roadway within the metropolitan area which is more regionally significant
than others.” An expander is a route which provides a way to make connections between
developing areas outside the 1-494/694 ring. These roadways are to serve medium to long
suburb-to-suburb trips. Improvements focus on preserv'ation of or obtaining right-of-way.
The Hennepin County Transportation plan also denotes CSAH 15 as fc-' “A” Minor Arterial
Roadway.
B. Traffic Operations Characteristics
CSAH 15 is a two-lane roadway with some exclusive turn lanes provided at certain intersection
locations. The roadway provides a connection to Highway 12 on the east end thus making it an
attractive commuter route for this area of the western suburbs. The roadway winds its way
through Orono and extends west serving other Lake Minnetonka area communities and proceeds
through Minnetrista into Carver County. The traffic lane availability is shown on Figure 2 for
this corridor.
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Figure 1 - CSAH 15 Corridor
CSAH 15 Traffic Management Study
Orono, MN
139806f2.dwg
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Engineers d Architects
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Figure 2 — Traffic Lane Availability
CSAH 15 Traffic Management Study
Orono, MN
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C. Traffic Volumes
Traffic volume information for CSAH 15 was obtained from MnDOT and from Hennepin
County. The traffic flow maps provided average annual daily traffic volumes for the area
roadways. These AADT volumes are illustrated on Figure 3.
The Minnesota Department of Transportation has a continuous traffic count station located on
CSAH 15 northeast of the intersection with CSAH 51. This station provides continuous hourly
traffic volume data on CSAH 15 for every day of the year. Review of the January through June
data of 1998 at this count station illustrates the volume variation that occurs along this roadway.
Table 1 illustrates the daily averages for each day of the first 6 months of 1998. Review of the
volumes on Table 1 makes it apparent that volumes increase quite dramatically during the
summer months when compared to January, February, and March volumes. The weekday
volumes in May and June are over 20,000 vehicles per day. It could be e.xpected that July and
August volumes are similar to June volumes.
When looking at peak hour volumes from the count data, the morning peak hour occurs from 7*8
a.m. and the afternoon peak hour occurs from 5-6 p.m. The average weekday peak hour volumes
from the month of June 1998 have been calculated and are shown on Figure 4. Those volumes
reflect a directional split of 80/20 in the morning peak and 70/30 in the afternoon peak thus
indicating the home-work character of the trips during these peak hours.
In order to make a determination as to whether peak hour traffic signal volume warrants at the
intersections of CSAH 15 at CSAH 51 and at Orono Orchard Road are met with today ’s traffic
levels, intersection turning movement counts were conducted during the 6-9 a.m. time period on
a weekday in January 1999. The resultant peak hour of these counts is depicted on Figure 5.
The peak hour volume warrant is satisfied at the intersection of CSAH 15 and CSAH 51. The
peak hour volume warrant is not satisfied at the Orono Orchard Road intersection with CSAH
15, but it is quite close to satisfying the warrant. Remembering that the count was conducted in
January, and that the summer volumes are higher, the peak hour warrant could be satisfied
during the summer time period.
D. Accident Experience
Accident data for the three-year period of 1995 through 1997 was obtained from the Hennepin
County Department of Public Works. During this three-year reporting period, a total of 63
accidents were reported to have occurred on the CSAH 15 segment from CSAH 51 to Femdale
Road West. Of that total, 30 were attributed to the four intersections of CSAH 15 with CSAH
51, Brackett ’s Point Road, Orono Orchard Road, and Femdale Road. Figure 6 shows the number
of accidents at the four intersections and along these segments between these intersections for the
1995 through 1997 reporting period.
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Figure 3 — 1996 Average Annual Daily Traffic
CSAH 15 Traffic Management Study
Orono, MN
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Figure 4 — Average Weekday Peak Hour Volume Bonestroo
CSAH 15 Traffic Management Study
Orono, MN
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Figure 5 — A.M. Peak Hour Volumes
CSAH 15 Traffic Management Study
Orono, MN
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No Scafe
• - INTERSECTION ACCIDENTS
ACCIDENTS BETWEEN INTERSECTIONS
ACCIDENTS ARE FROM 1/1/95 THRU 12/31/97
Figure 6 — Number of Accidents — 1995 thru
CSAH 15 Traffic Management Study
Orono, MN
139806f5.dwa
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Table 1
Average Daily Traffic Volumes on CSAH 15
January Through June 1998
CSAH 15 Average Daily Traffic Volumes
Month Monday Tuesday Wednesday Thursday Friday Saturday Sunday
January 16,553 17,369 16,965 16,193 18,302 14,996 11,067
February 17,101 17,913 17.984 1.134 18,761 15,566 12,533
March 17,310 17,715 18,006 18,104 18,422 15,845 11,921
April 19,237 19,860 19,762 19,826
21,083 18,258 14,470
May 20,027 21,952 22,447 22,412 23,028 20,215 17,547
June 22,208 22,845 23,075 23,098 24,252 21,368 18,826
The data provided by Hennepin County allows for a review of the type of accident occurring
during the 1995-1997 time period, l able 2 provides a compilation of those accident types at
various intersection and roadway segments. The accident types that occurred most frequently
were the one vehicle accident and the rear end accident. The one vehicle accident comprised 41
percent of the total accidents while the rear end accident type was 27 percent of the total 3-year
accidents. These two types provided 68 percent of the accident types along CSAH 15 from
CSAH 51 to Ferndale Road. These types of accidents are prevalent along a roadway that is
narrow, congested, and lacking in turn lanes.
The intersection accidents at the four primar>’ intersections along the study corridor have been
tabulated and the accident rate has been calculated. The rate is compared to the 3-year county
average for tee and 2-way stop controlled intersections. These data are provided on Table 3.
The accident rate for the roadway segment between CSAH 51 and Orono Orchard Road can be
calculated for the three-year period. This segment excludes the intersection accidents at CSAH
51 and at Orono Orchard Road. The number of accidents along this 1.37 mile segment and the
accident rate (accidents/million vehicle miles) is shown on Table 4.
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Table 2
CSAH 15 Accident Types - 1995 to 1997
Accident Location
Accidents By Group (1995-1997)
Rear
End
Head
On
Left
Turn
Right
Angle
Side
Swipe
One-
Vehicle
CR51 Intersection 1 2 J 2
CR 51 to Bracketts Pt.9 1 8
Bracketts Pt. Intersection 1 1 5
Bracketts Pt. To Orono Orchard Rd.2 1 1 1 8
Orono Orchard Rd. Intersection 3 1 1 2 2
Orono Orchard Rd. to Femdale /Russell 1 1
Femdale/Russell Intersection 1 3 1 1
Total 17 2 3 8 7 26
Table 3
Intersection Accident Rates - 1995 to 1997
Accident Location No. of Accidents
3-Year Average
Accident Rate'
3-Ycar County
Average^
CR51 Intersection 8 0.37 0.43'
Bracketts Pt. Intersection 7 0.34 0.43'
Orono Orchard Rd. Intersection 9 0.40 0.70"
Ferndale/Russell Rd. Intersection 6 0.27 0.70"
* Accidents per million vehicles entering intersection
^ 3 years from 1995 - 1997
^ Average for tee intersection
Average for 2-\vay stop intersection
Table 4
CSAH 15 Segment Accident Rates
Number of Accidents*Accident Rate^Three-Year Average
1995-10 1995-1.05
1996-10 1996-1.09 1.35
1997-18 1997-1.90
‘ Excludes intersection accidents
^ From CSAH 51 to Orono Orchard Road
The 3-year county average for two-lane undivided county roads is 1.53. The three-year average
accident rate for this segment of CSAH 15 is less than the county average. The 1997 rate is
greater than the county average.
E. Level of Congestion
m
The Metropolitan Council, in determining levels of congestion for regional roadways, has
established vehicle per hour capacity values for various roadway types in the metro area. The
lane capacity for an undivided arterial ranges between 600 and 900 vehicles per lane per hour.
Considering data from the continuous count station, where morning and afternoon peak hour
values range from 1200 to greater than 1500 vehicles per hour in the peak direction, the volume
to capacity ratios are ranging from 1.33 to 1.72 for the peak flow direction. This indicates a
congested condition for this roadway.
The Hennepin County Transportation Plan indicates, for the year 2000, that there is a potential
shortfall in corridor capacity along most of CSAH 15 with a probable shortfall along the segment
of CSAH 15 near Highway 12. The conclusion of this analysis, given the daily volumes along
the roadway, is that the facility is operating in a congested mode today.
Hennepin County, in their transportation plan, has prepared traffic volume projections for the
years 2010 and 2020. The year 2020 daily volumes along CSAH 15 are projected to be 22,000
near CSAH 51 and 27,000 near Orono Orchard Road. These reflect increases of 19 percent and
35 percent respectively, when compared to the e.xisting average daily volumes.
A two-lane arterial facility such as CSAH 15 is usually considered to be congested when the
daily volumes reach 13,000-18,000. CSAH 15 is not operating efficiently and the projected
volume increases will cause further deterioration in the operations along the roadway.
III. IMPROVEMENT CONCEPTS
There are some improvements that can be made to the CSAH 15 corridor that will improve the
capacity and safety along the study segment. The roadway is in need of additional capacity, but
it is understood that the roadway is not to be considered for widening to four lanes due to its
character as a scenic parkway.
There are a series of improvement concepts that have been considered for this corridor. These
concepts are listed below:
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Improve the entire corridor to provide a three-lane section consisting of one through lane in
each direction plus a center two-way left turn lane.
Provision of exclusive right turn lanes at public street intersections.
Provision of left turn lanes at public street intersections.
Provision of bypass lanes at public/private driveway locations.
Access management.
Provision of a traffic signal system at the intersection of CSAH 15 with CSAH 51.
Provision of a traffic signal system at the intersection of CSAH 15 with Orono Orchard
Road.
Provision of alternative access to the Woodhill Golf Course.
Provision cf adequate shoulders along CSAH 15.
Provision of a three-lane section along CSAH 15 with the center lane used as a reversible
lane during peak traffic hours.
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The key to the analyses has been providing an improvement package that will improve the safety
and capacity of the CSAH 15 corridor and at intersections throughout the corridor. The
following provides a brief discussion of the improvement concepts with regard to some of the
positive and negative aspects of each.
Provision of a Center Two-Way Left Turn Lane - The provision of a center two-way left turn
lane (TWLTL) provides an increase for through movement capacity, and improves safety,
particularly a reduction in rear end accident potentials. Such an improvement would require the
provision of a TWLTL that would range in width from 12-feet (minimum) to 16-feet (desirable).
This treatment could be provided for the entire length of the study corridor or only at locations
where multiple access (public street or private drives) is present.
Provide Exclusive Right Turn Lanes at Public Street Intersections - This lane provision reduces
accident potentials at the intersections and increases the intersection capacity. The storage length
of such lanes would depend on traffic demands but it is envisioned that storage lengths would not
be less than 100 feet. A taper length of between 35 and 40 to one should be provided for each
right turn lane.
Provision of Left Turn Lanes at Public Street Intersections - This improvement type also reduces
certain accident types such as rear end and sideswipes while providing an improvement in the
intersection capacity. Turn lanes should not be less than 100 feet.
Provision of Bypass Lanes at Private Driveways - A popular treatment along two-way roadways,
one that increases safety and decreases delay, is the provision of a bypass lane for through traffic
at a driveway location. Such bypass lanes are also used at low volume public street intersections.
Access Management - Any improvement to CSAH 15 should consider the consolidation of
access in order that the number of access openings can be reduced. Studies have indicated that
roadways with fewer access openings have an accident rate that is less than a similar roadway
with more access openings.
Provision of a Traffic Signal at CSAH 15 and CSAH 51 - The peak period traffic count that was
conducted at this intersection indicates that the peak hour traffic signal warrant is satisfied. The
morning hours delay in negotiating a left turn from CSAH 51 to CSAH 15 is quite lengthy given
the volumes on CSAH 15. It needs to be noted that from the CSAH 15 signal with CSAH 19,
then proceeding east and north along CSAH 15 to Highway 12, CSAH 15 traffic flows
unimpeded. CSAH 15 traffic does not encounter a signal or stop sign along this segment length
of approximately 5.3 miles. A segment of such length does not allow vehicles to be in a platoon,
thus decreasing the amount of gaps that would be available for traffic to access CSAH 15.
Provision of a Traffic Signal at CSAH 15 and Orono Orchard Road - The peak hour counts did
not satisfy the peak hour volume signal warrant. However, it could be possible that summer
counts at this location would satisfy signal warrants. A signal, with some access management,
may be an advisable project at this location.
♦
Provision of Alternative Access to The Woodhill Golf Course - The only access to the Woodhill
Golf Course is via Woodhill Road from its intersection with CSAH 15. As with many
intersections along CSAH 15, left turn movements onto CSAH 15 can be unsafe. Alternative
methods of access to this golf course have been reviewed.
Provision of Adequate Shoulders Along CSAH 15 - The shoulders along CSAH 15 vary from
non-existent to a 5-6 foot bituminous shoulder. The strong majority of the route has very
inadequate should widths upon which disabled vehicles can pull off the read or upon which
police vehicles can “pull someone over ” for an infraction or to assist someone in need. Any
improvement to this roadway warrants consideration of more adequate shoulders commensurate
with county state aid standards.
Provision of Reversible Center Lane - The provision of a reversible center lane provides two
lanes in the predominant flow direction during peak hours of 6-9 a.m. and 3-6 p.m. During the
off-peak, the center lane is used as a left turn lane. This concept would require a series of
overhead lane control signals to operate. The negative about this system is that a long period of
motorist acclimation would be necessary and the safety effects are minimal.
IV. CORRIDOR IMPROVEMENT RECOMMENDATIONS
The improvements along this scenic corridor should involve a combination of some of the
alternative concepts described above. It is recommended that the following improvements ue
considered for implementation:
1.
2.
3.
4.
5.
6.
7.
8.
Provision of a center two-way left turn lane in area.'; where numerous access points are
clustered.
Provision of left turn lanes on CSAH 15 - Left turn lanes are presently provided at CSAH
51, Orono Orchard Road, Russell, Femdale, and Woodhill Roads. Additional left turn
lanes need to be considered at all remaining public streets, which include Spates Avenue
and Heritage Drive.
Provision of right turn lanes on CSAH 15 at all public street intersections.
Provision of bypass lanes at private access drives, other than those areas where a two-
way left turn lane is recommended, should be considered on a case-by-case basis.
Consolidate access drives wherever feasible. Each area with multiple drives will need to
be evaluated to determine if access drives can be consolidated.
The CSAH 15 study segment should, wherever possible, be provided with shoulders that
are adequate for vehicles to pull out of the through lanes.
A traffic signal should be installed at the intersection of CSAH 15 with CSAH 51. This
will require the conduct of a 13-hour turning movement traffic count and the preparation
of a signal justification report. Such documentation will be required to follow Hennepin
County procedures. Installation of a signal would require some roadway construction at
the intersection with regard to right turn lane provisions and possibly some left turn lane
work on CSAH 15.
There are public and private street intersections with CSAH 15 that could be closed and
safety along CSAH 15 would be improved. These are discussed below:
Spates Avenue - This street has access to CSAH 15 and to CSAH 146. The provision of
a traffic signal at CSAH 15 and CSAH 51 would allow the closure of Spates at CSAH 15.
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Traffic on Spates would use the Spates access at CSAH 146, then travel on CSAH 146 to
arrive at CSAH 51. Access to CSAH 15 would be much safer at the signalized
intersection of 15 and 51.
Heritage Drive - A closure of Heritage Drive at CSAH 15 would provide similar safety
benefits as the Spates Avenue closure. A connection from Heritage Drive would have to
be built to CSAH 146 and that would require crossing of the rail trackage. Permission for
crossing the rail lines may be difficult to obtain.
Private Access South of CSAH 51 - There is a private access to CSAH 15 that is situated
along CSAH 15 south of CS.AH 51. If a connection of this private road to Bay Ridge
Road, another private road, could be implemented, then the access to CSAH 15 could be
closed. Traffic would use Bay Ridge Road to access CSAH 51, then use the signal at 15
and 51. Since these are private roads, property owners would have to agree with this
connection and closure.
Concept drawings of two-way left turn lanes, bypass lanes, and shoulder treatment are provided
TWO-WAY LEFT TURN LANE
TYPICAL SECTION
TWO-WAY L£FT
BYPASS LANE
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SHOULDBfi THRU TURN LANE THRU SHOULDER
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Figure 7 — Roadway Improvement Concepts
CSAH 15 Alternatives
Orono, MN
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V. EAST-WEST TRANSPORTATION NEEDS
The physical features and topography of the City of Orono have made it difficult to provide for
east-west movement within the City. At the present time, east-west movement in the City is
accommodated along CSAH 15 from Spring Park to Highway 12; along CSAH 51 from CSAH
19 to CSAH 51; and along CSAH 84 - Fox Street from CSAH 19 to the CSAH l5/Orono
Orchard Road area.
East-west travel in the north part of the City, that area above Tanager Lake, Maxwell Bay, and
Stubbs Bay have available the Fox Street - CSAH 84 Corridor; the Watertown Road facility; or
travel north to arrive at the Highway 12 area. The construction of the Highway 12 super-two
facility should help to provide for east-west Highway 12 travels that is an improvement over the
present day Highway 12 roadway. Access to this new roadway will be available at CSAH 6 on
the west and from Wayzata Boulevard on the east.
CSAH 15, from CSAH 51 to Highway 12, presently accommodates approximately 20,000
vehicles on an average annual daily basis. During the summer months, these daily volumes
exceed 23,000 and 24,000 along CSAH 15 in the study area. The future year 2020 average daily
volumes have been projected, by Hennepin County, to be 27,000 in the Orono Orchard Road
area. This volume could exceed 30,000 vehicles daily during the summer months.
The increase in volumes along CSAH 15 will create additional accident potential and congestion
for those using that roadway. It is possible to divert some of the CSAH 15 traffic to the Fox
Street corridor by creating a smoother, more direct connection to CSAH 15 in the Orono Orchard
Road area. This concept is shown on Figure 9 and involves providing a Fox Street/Orono
Orchard Road connection on a curve rather than the present day 90 degree tee intersection. Fox
Street, west of this connection, would require some improvement to create a roadway with
adequate two-way width. The key to drawing some of the trips from CSAH 15 to the Fox Street
Corridor is the provision of a traffic signal at the intersection of CSAH 15 with Orono Orchard
Road. This will allow traffic from the central and north parts of Orono to use the CSAH 84/Fox
Street corridor to access CSAH 15 to then proceed northerly to Highway 12. These
improvements could be expected to reduce the traffic demand on that section of CSAH 15 south
of Orono Orchard Road by approximately 1,500-2,000 vehicles per day.
This improvement, in conjunction with the signalization of CSAH 15 at CSAH 51, will help to
reduce the volumes on CSAH 15, thus helping to reduce the number of accident occurrences.
VI. VVOODHILL ROAD AREA IMPROVEMENTS
The access to/from properties on the northerly side of CSAH 15, east of Orono Orchard Road is
available at Russell Avenue and W'oodhill Road, which is a private roadway. The Russell
Avenue connection serves a residential area that is also served by Orono Orchard Road. The
Woodhill Road access serves some residential homes and the Woodhill Golf Course. During
peak traffic hours access to/from these two roadways can become quite hazardous in that gaps in
traffic along CSAH 15 make it difficult to exit these roadways.
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Access to these areas would be vastly improved with the provision of a traffic signal at CSAH 15
and Orono Orchard Road and the provision of a connection from Orono Orchard Road to the golf
course and residential area. Three concepts for improving this access are shown on Figure 10.
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Figure 9 — Fox — Orono Orchard Road Connection J/|
CSAH 15 Traffic Management Study
Orono, MN
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Figure — Woodhill — Orono Orchard Rd Connection Alternolives
CSAH 15 Troffic Monogemcnt Study
Orono, MN
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Alternative Concept A proposes the construction of a frontage road connecting WoodhilfRoad to
Fox Street. This frontage road would be located on the north side of the rail trackage that is
adjacent to the north side of CSAH 15. This concept would allow for the closure of the Russell
Avenue and Woodhill Road connections at CSAH 15. This, of course, would increase the safety
along CSAH 15 and for traffic using Russell Avenue and Woodhill Road. This concept succeeds
if a signal is installed at Orono Orchard Road and CSAH 15. Negative aspects of the concept
include the wetlands that would be affected and the length of the improvement is more costly
when considering other alternatives.
Alternative Concept B provides a connection from Woodhill Road to Dickenson Street, which in
turn connects to Orono Orchard Road. This connection would also allow for the closure of
Russell Avenue and Woodhill Road at CSAH 15, thus improving safety. The topography, with
regard to the difference in elevation between Dickenson Street and the new frontage road
connection, is quite severe and may cause this to be an expensive connection. Dickenson Street
would probably have to be improved as the roadway width is very narrow. This concept also
requires a signal at CSAH 15 and Orono Orchard Road.
Alternative Concept C provides a connection from a private road to Dickenson Street. This
private road intersects Woodhill Road north of CSAH 15. This concept would also allow for
closure of Russell Avenue and Woodhill Road at CSAH 15. A signal would be required at
CSAH 15 and Orono Orchard Road. This concept would require connection to a private road.
Alternative Concept D provides a connection from Woodhill Avenue to the golf course
circulation area. This connection would not allow for closure of existing access along CSAH 15.
This connection may be the least expensive of the alternatives given the distance to construct.
This alternative would also benefit greatly from a signal at CSAH 15 and Orono Orchard Road.
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APPLICATION FILE NO. 2484
Woodhill Country Club
Application for Amendment to 1968 Conditional Use Permit
MATERIALS REFERENCED IN
WOODHILL COUNTRY CLUB’S
PRESENTATION AT PUBLIC
HEARING
IX)C« 11200J0 1
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3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
INDEX OF MATERIALS
HISTORICAL USE OF WOODHILL AVENUE
1887 Plat of Minnetonka Bluffs
1924 Plat of Orono Orchards
Afildavit of Tony Feser, dated May 10, 1999
Excerpts of Deposition Testimony of John Morrison, George Jennrich,
and Rick Fredricksen
Letter of John Morrison to Mayor of Orono, dated June 23, 1980.
DEDICATION OF WOODHILL AVENUE AS PUBLIC STREET
Affidavit of John S. Pillsbuiy', dated November 12, 1998
Letter from James P. McCarthy to Cliff Greene, dated November 20, 1998
Letter from James P. McCarthy to Cliff Greene, dated January 26, 1999
with attachments
1968 CONDITIONAL USE PERMIT FOR
WOODHILL COUNTRY CLUB
1968 Conditional Use Permit Application and Permit
Minutes of Orono City Council, dated September 9, 1968.
Excerpts of Deposition Testimony of Robert Searles
SPECIAL ASSESSMENT OF WOODHILL PROPERTY
FOR IMPROVEMENT OF WOODHILL AVENUE
Notice of Hearing on Proposed Assessment to Woodhill Country Club,
PIDNo. 02-117-23-12-0001.
Orono City Council Resolution No. 2682, adopted August 28, 1989.
Woodhill Avenue’s Special Assessment Certification Roll, from Hennepin County,
Division of Property Tax
1987 EASEMENT AGREEMENT RELATING TO
ACCESS ON WOODHILL AVENUE
Memorandum of Orono City Administrator, from Mark Bemhardson to Orono City
Council, dated October 6, 1987 re; Easement Agreement.
Easement Agreement between City of Orono, Woodhill Country Club, and MSM
Associates, dated October 15, 1987.
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17.
18.
19.
20.
21.
22.
23.
MAPS
Quarter Section showing roads and residences
Zoning Map
Survey of Woodhill Avenue / Woodhill Country Club access, dated August 31,1998
AERIAL PHOTOGRAPHS
1945
1951
1962
1989
CHART
24. Comparison of Woodhill Avenue and Woodhill Road: Roadway surfaces,
users, and trips per day.
Doc<* 1120030'1
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1. 1887 Plat of Minnetonka Bluffs
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2. 1924 Plat of Orono Orchards
• r
Z7 Orono
Orchards
HElNjrvjEPiN. CO. MIM k;.
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3. Affidavit of Tony Feser,
dated May 10,1999
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I STATE OF MINNESOTA DISTRICT COURT
COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT
OTHER: CIVIL
Woodhill Country Club, a Minnesota
non-profit corporation,
Court File No.: MC 98-10541
Plaintiff,
V.AFFIDAVIT OF TONY FESER
City of Orono, Gabriel Jabbour, in his
official capacity as Mayor of Orono, and
Ronald Moorse, in his official capacity as
Orono City Administrator,
Defendants.
*
STATE OF MINNESOTA
COUNTY OF HENNEPIN
ss.
I, Tony Feser, being duly sworn, state as follows:
1.I am a resident of the state of Minnesota and currently reside in Wayzata,
Minnesota.
2. I am currently 86 years old and, except for military service, have lived my
entire life in Minnesota.
3.My father moved to Minnesota around 1900. Staring in approximately 1910
he worked at the Criss-Cross Farm. As part of his duties, he would make
deliveries of farm produce to families along the Minnetonka shore in what is
now Wayzata and Orono. As a young boy, I would ride with him. At that time
there was no County Road 15. We would proceed up what is now called
West Femdaie to Russell Avenue, then west on Dickinson to Orono Orchard
Road. To proceed around the lake, we would then go south on Orono
Orchard Road. Going north on Orono Orchard Road led us to Woodhill
Avenue. Woodhill Avenue was the west entrance of Woodhill Country Club.
Doc* 1119616M
4.
5.
6.
7.
8.
9.
10.
Woodhill Avenue entered the Woodhill property near the original bams and
farmhouse. Woodhill Avenue was the original entrance into the farm.
My cousin, Leo Feser, worked initially at the Orono Golf Course and then
worked at Woodhill Country Club from the 1920's to the early 1950 ’s. I began
working with Leo at the Orono Golf Course as a teenager and then continued
to be employed by the Orono Golf Course until December 1941 when I
enlisted.
In the 1930’s, I worked on rebuilding one of the barns at the Woodhill Country
Club that had burned. It is my understanding that the barn was built by the
Fendersons, who were the original owners. The Fendersons sold to Keesling
who sold to Dunwoody. The barn that I rebuilt In the early 1930's is the bam
that still stands today.
Throughout my work at Orono Golf Course and the Woodhill Country Club, I
regularly traveled on Woodhill Avenue. Woodhill Avenue was regularly used
by Woodhill members and guests, as well as by commercial and delivery
vehicles.
Woodhill Avenue today from Orono Orchard to the Woodhill Country Club
bam follows the same route as it did in the period from the 1 920’s to the
1970*s.
Norman Clark was the original golf pro at Woodhill Country Club. He lived in
the house on the southeast comer of the intersection of Orono Orchard Road
and Woodhill Avenue. Every day he would commute from his home to
Woodhill Country Club using Woodhill Avenue.
Once inside the Woodhill property just east of Woodhill Avenue, there was a
stable master’s house and then the original farm house. Over the years, both
houses were occupied by various Woodhill Country Club employees and their
families. Woodhill Avenue was the common way of access to both houses.
After the war, I was employed by an oil company in Wayzata. I worked there
until my retirement. As part of my duties for the oil company, I delivered fuel
oil to Woodhill Country Club. As part of my regular route, I would drive to the
Club and then drive the delivery truck out Woodhill Avenue to the two houses
at Orono Orchard Road and Woodhill Avenue. After filling the Norman Clark
house. I filled the house on the north side of Woodhill Avenue at Orono
Orchard Road. I also recall seeing lumber trucks and bread delivery trucks on
Woodhill Avenue.
Doc« U19616\l
DATED; //-»
C7 Tony Feser
iy
\
Subscribed to and sworn to before me this //-fA day of May, 1999.
Notary Public in andfoMh^ State of ^Minnesota
uicNAas.somBiinBi
Nowwiir ywciott
Mr CWMMW Eqlm «n n. nii
DOCK 1119616M
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4. Excerpts of Deposition
Testimony of John Morrison,
George Jennrich,
and Rick Fredricksen
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JOHN W. MORRISON
south, Woodhill Avenue and Woodhill Road.
THE WITNESS: Well, Woodhill Road, I
think, is a privately owned road.
MR. MCCARTHY: Well, we're going to
get to that, and you're correct, those are
distinctions.
BY MR. MCCARTHY:
Q. Now, during the period of time of
time that you socialized with your future wife
and her family, how would one exit the club to go
visit her in Long Lake?
A. Well, the shortest and most direct
route would be to go out the driveway that exits
onto Woodhill Avenue, the back road so to speak.
gets to Orono Orchard Avenue, and goes directly
over to Long Lake. That would be the most direct
and quickest.
Q. And in fact that's a route that you
took on occasion to visit your future wife, I
take it?
A.Sure. Yes.
Q.And at the time that you traveled
that road in the 1930s, 1940s, was it a passable
road?
A.Oh, sure.
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Q.
A.
Was it a — how was it paved?
Well, my memory isn't terrific on
that, I think it was a gravel road all the way to
Orono orchard. i think. That's my recollection.
Q. Your use of this road spanned a
number of years?
A.Sure.
to the road?
Q. And was it your experience that the
road remained passable?
MR. GREENE: When you're referring
MR. MCCARTHY: Excuse me, thank you.
Cliff, I should have given the nomenclature here,
I should be more careful.
BY MR. MCCARTHY:
Q. When you used Woodhill Avenue, the
road that was gravel, did it remain passable?
A .Yes.
Q. And how were you traveling on
Woodhill Avenue, was it on foot, with an
automobile?
A.Automobile.
Q- Do you know whether other people had
occasion to travel by automobile on Woodhill
Avenue back prior to the time you married your
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wife in 1942?
A. Yes. Her parents who also belonged
to the club used it. Her sister who was — no,
wait a minute, that was after the war, in the
30s. I don't remember offhand, but I'm sure
there were, I just don't remember.
Q. At any time prior to the time of
your marriage 1942 did the then Townsnip of Orono
ever blockade the road in any way?
A. Not to my recollection.
Q. To the best of your knowledge were
12 you ever informed or ever learn of any
13 limitations that the Township of Oroi > put on
14 use of that road?
15 A.No.At that t ime?
16 Q.Yes,at that time.
17 A.No.No.
18 Q.Did you have an understanding at
that time prior to the marriage, your marriage in
1942, as to whether that Woodhill Avenue was a
public street or some sort of private driveway?
MR. GREENE: I am going to object on
the grounds that it calls for a legal conclusion
and lacks foundation. You can answer.
THE WITNESS: I guess I had —
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repeat the question.
BY MR. MCCARTHY:
Q* Sure. Did you have any
understanding at that time as to whether woodhill
Avenue was a public street or some sort of
private driveway?
A.I guess I -- I assumed it was a
public street, but that connected with Woodhill
property and didn't go all the way out to Orono
Orchard Road.
Q. You were aware that the Woodhill
property stopped before Orono Orchard Road; is
that correct?
A.Yeah. At that time I didn't know
where the property was, but I knew it was
somewhere.
Q.Did you have occasion to travel _
this is again prior to 1942, travel on Woodhill
Avenue in the winter coming out from the skating
rink with your wife and family?
A.Sure. Yes.
Q. So is it fair to say that Woodhill
Avenue was kept open through the winter back in
the 1950s?
A.To my recollection, yes. I don't
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ever remember it being closed. Not the avenue, I
mean the driveway.
Q.
A.
But I mean Woodhill Avenue?
Yeah, it was always open as far as I
know.
Q.And let me now go to the period of
time when you moved to Long Lake in 1950. At
that time your son was about five years old; is
that correct?
A.
Q.
Yes.
And your daughter was born two years
after you moved into Long Lake?
A.
Q.
That's right.
Could you just explain for
directional purposes where Long Lake is located
in relationship to the Woodhill Country Club?
A.It would be northwest I think.
you exited the Woodhill property on Woodhill
Avenue, which goes roughly east and west I
believe, you would turn right on Orchard Road,
and that road winds around and generally goes
north, you would run right into the lake. Long
Lake. The City of Long Lake is just to the --
about a half a mile left on Highway 12, and our
house was about half a mile to a mile to the
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right on -- just off of Highway 12.
Q.Okay. So you would take Orono
Orchard Road up, and then where that would
intersect would be with Highway 12?
A.Yup. I go left and go to the Lewis
house, and then -- I'm sorry. I'm jumping ahead.
Q-So your house was on Long Lake to
the right of where you once came out on Highway
12?
A.
Q.
Yes .
Did you travel on Highway 12 to get
to your house or did you cross over Highway 12?
A.
Q.
A.
We're now in the 1950s?
Yes.
Yes. You travel on Highway 12 for
about half a mile I guess.
Q.So in 1950, and I take it you lived
in that house from 1950 to 1960; is that correct?
A.
Q.
Um-hmm.
To travel from your home to the
Woodhill Country Club you would come out onto
Highway 12?
A.
Q.
Yes.
Come out onto Highway 12, go west to
the intersection with Orono Orchard Road?
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A.
Q.
Yup.
And then take Orono Orchard Road
down to Woodhill Avenue?
A.
Q.
Correct.
You would then proceed east into the
Country Club along Woodhill Avenue?
A.
Q.
A.
Right.
And the same route going back home?
Yeah, you -- you could go the other
way, and we did, we did both.
Q.
A.
The other way being which way?
The other way would be going in
towards Wayzata.
Q.
A.
On Highway 12?
On Highway 12, and then taking a
right and going all the way down to Highway 15.
Q.Down to Highway 15 and then Highway
15 over to the Woodhill Road entrance?
A .That's right, you could do that. It
was a little longer.
Q.Now I would like to go through that
time. During that period of time when you were
living with your young family and living in Long
Lake, I would like to understand the types of
activities that you and your family would be
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Woodhill Avenue entered the property; isn't that
correct?
A.That's right.
Q. And did you have occasion to use the
skeet range?
A. Yes, I did.
Q. Now, were there ever dances or
social activities at the club?
A. Yup.
Q. Did you and your family participate
in those?
A. Yes, from time to time.
Q. Did you ever use the dining
facilities at the club?
A. Yes.
Q. Did you and your wife ever attend
parties put on by other people at the club?
A.Yes, we did.
Q. And this was an activity that you
engaged in in a pretty constant pace from 1950 to
1960; is that correct?
A. Yes.
Q. Now, when you engaged in these
activities would you go to the club by
automobile?
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A.Yes .
Q.Were you ever in walking distance?
A.No.
Q.So the activities we talked about
you and your children would get -- you would
either transport yourself or transport your
children by automobile?
A.That's right.
Q.And when you would go to these
activities, would you regularly use the Woodhill
Avenue entrance to the club?
A.Yes .
Q.And during the decade that you used
the Woodhill Avenue entrance was the road paved
with gravel or some other substance?
A.I don't -- not to my recollection.
I think -- oh, it was gravel, yes.
Q.Gravel?
A.It was gravel I believe.
MR. GREENE: Let me make sure I
understand. Your answer is there was gravel but
not pavement?
THE WITNESS: I don't think there
was pavement. I don't remember for sure.
MR. GREENE: Thank you.
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A .I really don't know, but I would
assume it is. It certainly looks that way
because the skeet range would be —— they wouldn't
have the skeet range on somebody else's
property. So it would have to be right next to
the property line.
Q.And that house that was up to the
right on that road, that was also on Woodhill
property?
A.Yeah. I understand that was the
original farmhouse.
Q.All right. Is this depiction of
Woodhill Avenue shown on this photograph an
accurate depiction of what you recall driving on
between 1950 and 1960 when you drove into the
Country Club?
A .Yes, that's for sure.
Q.And the photograph shows a uniform
width and surface?
MR. GREENE: Object. I am going to
say that that's leading.
BY MR. MCCARTHY:
Q.Could you describe for me the -- let
me step back. Does looking at this photograph
refresh your recollection of what the width and
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surfacing of the road was at the time you drove
on it in the 1950s?
A.looking at the photograph it
doesn't. But as I recall, as you turn off the
Orono Orchard Road on Woodhill Road -- onto
Woodhill Avenue it was a, you know, a straight
shot for a while and then curved a little bit.
then went into the club property.
Q.Do you recall any change in the
width or surfacing of the property where it went
through that little curve before you went onto
the Woodhill property?
No. It think it was narrowed a
little bit when you got onto Woodhill property.
but I don't recall that there was any change in
the width of the road prior to that time.
Q. And I would like to draw your
attention specifically to that area of Woodhill
Avenue between where it first curved to the
south, in this photograph down to the right
A.Yes .
Q.
property.
And where it enters on Woodhill
A.
Q.
Yeah.
In that section, do you recall any
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Q.All right. Do you recall
communicating in any way to the Mayor whether
Woodhill reserved any rights to reopen the -- its
driveway to the west co vehicular use?
MR. GREENE: Objection, leading.
THE WITNESS; Well, yes. Clearly I
remember all through this process we wanted to
make it absolutely clear that we reserved the
right to open that road —— to open that road to
cars and use it.
BY MR. MCCARTHY:
Q.In the last sentence of your letter.
if you could read that, please.
A.
Q.
Okay.
Could you tell me, it says, “As you
know, by taking this action we do not in any way
want to limit our right to use the back entrance
should future circumstances warrant a change in
this decision."
A .
Q.
A.
That's right.
What did you mean by that?
I meant if we ever felt, for
whatever reason, that it was desirable or
necessary for us to allow cars to use that back
road, that we would reserve the right to do
PAT CARL & ASSOCIATES
(612)591-0535 OR 800-591-9PCA (722)
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JOHN W. MORRISON
And we didn't want to give up that right,
incidentally i never heard anything objecting
to that sentence from the Mayor at that time.
Now, up to this time you had been
communicating, had either the Mayor or anyone
from orono ever told you that the club did not
have a right to use that west entrance?
Never.
Did the Mayor or anyone else from
the city ever tell you that some type of
conditional use permit or other permit from the
City was needed to use that entrance?
Never.
Did the Mayor or anyone else from
the City ever say that they could if they wanted
to shut down that road?
Never said that. if they had I
would have objected to it.
Q- After you communicated, sent this
letter to the Mayor, did you ever hear back from
the Mayor anyone else at the city saying that
they disagreed with your last sentence?
No .
Q.Do you know whether oil or gasoline
or food or other service deliveries were made to
PAT CARL & ASSOCIATES
(612)591-0535 OR 800-591-9PCA (722)
jroige Jenniich Condenselt
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STATE or HINNCSOTA
COUMTt or HENNCriN
01STRICT COURT
rOURTH JUDICIAL OISTMCT
HoooMU Country Ctu». « Hifxnofot*
non-profit corporttlon*
PUlntirC.
riu no. RC fl-l0S4l
City or Orono, CARrloi JARteur. in hif
otriclAl capoelty «« luyor of Orono#
AAO Ronoia Moerto. lo Rit efficl«l
CApocity At OeoAO City AMniitrAtor.
DAfonOAiitt.
TRa UApotiUon or CEORCE JENNRICM.
poKiwAiti VC. Noticv of TAfcinq OApotition. tAton
ootor# Ann Raci* NoilAnd. a oetAcy ?uollc in ona tor tlio
County of WAtninqton. StAt# of HlnnoaotA* tAton on tl»o
ntn 4Ay Of fAbcuACy. IfW. At 4200 IDS Conttr. to SouUi
Eiqntn Strtot* mnnAApoll*. RlnnototA. coRRoncinq At
«pproBlOAt«1y 12*0 p «
Depo-Squish
Page 3
GEORGE JENNRICH,
the Wit?v?c above^titled
tnatter after having been ftrst duly
sworn deposes and says as follows:
CROSS-EXAMINATION
7 BY MR. GREENE:
8 Q. Would you please state your name?
A. George Jemirich.
Q. What is your address?
A. 10610 32nd Avenue North, Plymouth SS441.
Q. Would you please give the Court Reporter your
name phone number?
A. (612) 546*7648.
Q. Would you give her your work phone number?
A. (612) 561-3239.
. Q. Where do you work?
A. 1 work at Cenierbrook Golf Course. It is owned
19 by the City of Brooklyn Center.
Q. What IS your title there?
A. 1 am golf course superintendent.
Q. Would you please provide us with a summary of
23 your education, starting with high school?
A. 1 graduated from high school. I went to
25 college at the University of Minnesota. I graduated in
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AfREARANCES:
JAME5 P Mc I ARTKY esquire , of iht Uw FifW
ul UNUgUlST 4 VEHNUK f LLR. 4200 IDS Cttm, SO South
Eighth SUACt. MifW«ApPlt4. Minwo ti 55402. appetfud lo»
and on bchal/ of the Plairiifl.
C UFFORD GREENE. ESQUIRE, of the Uw Hirm
of GREENE tSPEL P L Lf. i hJD Mettopoliun Cenire.
3)3 South Scyc««hbuuet.MtnnBjpo4iA,MinnBaou 55402.
.appeared for and on behalf of the Ofendanto,
* rhc OnginAl n m the puAacAgion of
ADomry Clifford Orume *
Alao preaenL
Sharon C Fnteti. ParalifaJ
• • •
GEORGE JENNRICH
CroifEAaminaiion by Mr. Grume...................
Oircci Examnaiion b^ Mr. McCarthy .................Paft 56
KocroaA*E.xaminaiJon by M/. GeHoe.................Fy J)
Kadtrtct fcjiaounaiion by Mr. McCarthy ...............Pdf*
ExhilNCl53Marlwd.M^ Fag*6
Eahibn l54M«1to4.Map .........................Fy 2
E.xhibit 155 Marted, Map.........................Fafe^
Exhibii 156 Marhod, Copy of ra»olyiion..... Faff 20
fcOubii 157 Marted. Uoc4»oi«mdand 5/16/71 . .. FdftTl
Kirby A. Kamedy & Aefociates (612) 922-1955
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Page 4
'69. After I got my degree in '69, my Bachelor of science,
i spent two years in the service, and did some postgraduate
work after 1 got out of the service in '71 and '72.
Q. What was the field of your academic focus?
A. It was turf management.
Q. Can you summarin: your employment history,
focusing on full-time employment, if you would?
A. Okay. Full-time was after I got out of the
service, I worked at — I worked installing irrigation
systems for a company called Custom Turf in St. Paul.
It was around '72. 1 then worked at Town & Country Golf
Course for a year. Then I went on to Cannon Falls, as
the golf supcnniendeni lor a year. Then in '71,1 spent
from *71 to 1990 I was at Woodhill Countfy Club.
Q What position - go ahad.
A. 1 was an assistant at Woodhill one year, and
then, 20 years the superintendent.
Q. Can you describe the functions that you were
responsible for at Woodhill Country Club?
A. Sure. Yeah, 1 was responsible for all of the
grounds, all of the out buildings, which include the bam,
the winter sports center they call it, the swimming pool,
pro shop, tennis courts. We bad ten hard court tennis
couru. and. of course, the golf courre. And in the
winter, we took care of the icerinks
age 1 ’ ige 4
George Jcimrich
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Page 41
I am going to sliow you a document that has
been marked deposition Exhibit 37. These are minutes of the
Board of Trustees of Woodhill Country Club, June 30, 1977.
1 am going to ask you to read the first sentence. I will
read it into the record so we know what we are talking
about.
"The president also reported that David Crosby
(who could not be present), and others have urged that the
back entrance road from Orono Orchard be reopened."
Do you see that portion that 1 read?
A. Yes.
Q. Was it your understanding that prior to 1977
there was a period of time when the back entrance road from
Orono Orchard had been closed?
MR. MCCARTHY: Same objection as to
the use of this document as to the previous. The witness
didn't author it, didn't attend the meeting.
MR. GREENE I am not asking him about
this document I think my question can stand on its own.
MR, McCAR i HY That IS part of the
objection I have, showing a document and asking a question
that IS not based on the document.
MR. GREENE: Ttus is the document I am
asking this witness who is responsible for maintaining the
roads whether there was a period of time in his mind where
Page 42
1 the roads had been closed prior to June 30.1977. That's
2 all 1 need to know, so the record is clear.
3 MR MCCARTHY I objcct as to vague. He
4 indicuiod at uines lhai gale was locked. By closed, do you
5 mean whether the inembos had keys or not?
6 MR GREENE, t Can ask him all of those
7 questions
8 MR. MCCARTHY aU right.
9 A. Could you rephrase your questioo again?
10 Q. Sure
11 BY MR GREENE
1 2 Q Was then; any penod of lime prior lo June 30.
1 3 1 977. whoe ihe Board of Trusioes had communicated to you
1 4 the fact of their dtieciion that the back entrance road from
1 5 Orono Orchard must be closed?
16 A. I can't really recall. 1 can't recall. That
17 IS a long lime ago As far as I know, it was most of the
18 time It was open for traffic lo go through the pte. I
19 can't recall It ever being closed. 1 am sure they didn't
20 want people to go through it on a regular basis.
21 Q. Let's go back to the period of time between
22 1978 and 1979.
23 Were you familiar with a dispute lhai arose
24 bctvreen Mr. Momc Wagnv. who lived off of Woodhill Avenue.
25 by off of Woodhill Avenue. 1 ihink his addicu is a Woodhill
Page 43
1 Avenue address, and the club concerning traffic to and from
2 the club on Woodhill Avenue?
3 A. Yes.
4 Q. What do 'you know about that incident or that
5 series of disputes?
6 A. I know ** I believe Morrie wrote at that time
7 a letter to the club. I am not sure. But, Morhe used to
8 talk to us all of the time and we were *- myself and my
9 assistant, Rick, we were friends with Morrie, and Monie
10 wanted to. I believe he wanted the road closed. That's why
11 it was never used very often at that time, so we didn't
12 offend Morrie or anybody. That's kind of all I recall.
13 1 don't know. I heard he may have wrote a letter to the
14 Board of Directors to have the road closed.
15 Q. Was there a period of time in 1978 and 1979
16 where there was more traffic than was typical over Woodhill
17 Avenue to and from the club?
18 A. I can't recall that.
19 Q. bo, you don't recall whether Mr. Wagner
20 was protecting a change in conditions in 1978 and 1979,
21 reflecting his perception that traffic to and from the
22 club over Woodhill Avenue was more intense or frequent
23 than it had been earlier in the 1970's?
24 A. I don't believe so.
25 Q. You don't believe so?
Page 44
1 A. I don't believe he was prottiing the increase
2 in traffic. I guess what I am testifying, I don't think
3 there was an increase in traffic.
4 Q. Again. I would like to know in your own words,
5 bow much traffic came m through that back road during a
6 typical day in the 1970‘s? You mentioned bringing vehicles
7 u> be serviced in Long Lake? Is that where you went?
8 A. WeU. in the early sevenlies. I know for sure
9 we had employees coming in throu^ that pie that lived over
10 in the area, and they ucre Frank VoigbL the tennis pro.
1 1 Kip Eisener: Ed Clampy (phonetic): and soenetiincs it was
12 Rick Engman that would come through that pie on a daily
13 basis. Besides that, a few memben would use it but just
14 a few. It wasn't many. It probably wasn't ow ** it was
15 probably less than ten cars coming ihrougb there a day.
16 Q. So. almost all of the iraffic coming to and
17 from the club used the Woodhill Road access point?
18 A. Instead of Woodhill Avenue, right
19 Q. And that was the case ifarougbout the 1970's?
20 A. Yes.
21 Q. In 1980, in the period just a few years beyond
22 1980, did you construct a berm, a thiee*foot high benn
23 across the Woodhill Avoiue driveway within Ihe club's
24 property?
25 A. This is before 19807
Kirby A. Kennedy A Associates (612) 922-19SS 8ge 41 - 8ge 44
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Page 49
1 Q. Yes. Through the club.
2 A. Yeah. I didn't notice any changes.
i MR. MCCARTHY: Have wc established that
4 the homes were built while he was there?
5 BY MR. GREENE:
6 Q. Were any homes built or in the process of
7 construction while you were there?
8 A. I think there was some clearing action up
9 there. I don't know if there was any homes actually built or
10 not. It was real close to the time that they were built,
11 so.
12 Q. Did you have any occasion to secure pennits
13 from the City of Orono for alterations that were made to
14 the buildings and grounds, including the golf course, at
15 Woodhill?
f6 A. No.
17 Q. If such approvals were needed, who at the club
18 would be the person most likely to have the responsibility
19 for dealing with the city?
2U A. 1 think the manager would be, the general
2! manager
22 MR. GREENE: Off the record.
23 (At this tune a discussion was held ofT the
24 record.)
25 BY MR. GREENE
Page 50
1 Q. Your counsel has indicated that you may have
2 some testimony to give concerning situations when Woodhill
3 Avenue was the exclusive means of accessing the club.
4 When were those situations?
5 A. I can't give you the exact dates. I can tell
6 you what they were. Probably in the seventies and eighties.
7 there was one load of something heavy in a railroad car and
8 It spread the tracks and it tipped and it blocked off our
9 entranceway, so all of the traffic had to be routed through
lU Woodhill Avenue. And another tune ■* I think we had two
11 railroad incidents And another tune, they V<ad to fix the
12 track in the roadway, the railroad uack, and blacktop it.
13 They could run no traffic across that blacktop and it had
14 the rails all dug up and stuff, so they came through
15 Woodhill Avenue
lb Q Let me ask the question with reference to
17 the fust incident, the rail spill. How many days was it
18 necessary to use the Woodhill Avenue access to the club as
19 a result of the derailment'’
2U A. i think it was a couple of days. I am not sure
21 of that. But. It was more than one. I believe.
22 Q. More than one day and less than a week?
23 A Yes.
24 Q. How about the second incident that you recall,
I when there was repair work being done on the trades; is that
Page 51
1 correct?
2 A. Yeah.
3 Q. How many days was it necessary to use the
4 Woodhill Avenue as an alternate access?
5 A. It was a day or two.
6 Q. Are there other circumstances that you can
7 recall?
8 A. There is two railroad circumstances I know of,
9 and repairing that blacktop and taking out ** and putting ic
10 new rails. That's all I can recall.
11 Q. Just those two railroad circumstances?
12 A. Uh-huh. Yes.
13 MR. GREENE: off the record.
14 (At this time a discussion was held off the
15 record.)
16 BY MR. GREENE:
17 Q. You indicated that in the 1970's there was
18 a gate that was padlocked shut at some points and open at
19 other points: is that correct?
20 A. Yes.
21 Q. Who had keys to the padlock?
22 A. Gro<mds crew. Not all of them, but the
23 full'ume grounds crew usually had keys to the padlock. It
24 might have been the tennis pro, too.
25 Q. H'^w many people would have keys? What number
Page 52
1 of people would that be?
2 A. About five or six.
3 Q. So, if someone came in at night and found the
4 gate locked and they had a key, they could open it, is that
5 what you are saying; one of those five or six?
6 A. Yes.
7 Q. Is it your testimony that the grounds crew
8 regularly used Woodhill Avenue to access their jobs and they
9 had keys to open and close the padlock?
10 A. In the seventies, yes.
11 Q. What about in the eighties?
12 A. Not •• the question is regularly?
13 Q. Yes.
14 A. Not regularly.
15 Q. So. the times that the chain across the barrier
16 poles that you described earlier would be removed bad more
17 to do with taking the tractors to be serviced, that sort of
18 thing?
19 A. Yes.
20 Q. How often during the course of a year would
21 the tractors be taken across Woodhill Avenue to be
22 serviced?
23 A. Three or four times, I would suspect.
24 Q. Each tractor?
25 A. Oh, no. Three or four times a year probably.
Kirby A. Kennedy & Associates (612) 922-19SS 49 • 52
ft>qK>-Squish Condenselt George Jennrich
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Q. So, three or four tunes a year the club would
have occasion to run a vehicle through the open barrier so
it could get to Long Lake '0 be serviced?
A. Yes.
MR. GREENE: I ani going to show you
another copy of 90.
MR. McCARTlri': Off the record.
(At this time a discussion was held off the
record.)
MR. MCCARTHY: It is Exhibit 153.
BY MR. GREENE:
Q. Earlier, you mentioned that there was a stretch
of road that you did not surface with aggregate as part of
regular maintenance. Can you circle the area of road that
you are referrirtg to or shade it in or in some way designate
it on this exhibit?
A. Is this western property line, is that where
the power lines run through? How accurate does this have to
be?
Q. This doesn't have to be accurate like a
surveyor, we are just trying to get the general area to
which you did not apply aggregate surfacing.
MR. MCCARTHY: On a regular basis.
A. On a regular basis. Yeah, we did throw some
materials in there. (Marking.)
Page 54
Prior to what? There is a curve in the road.
Well, something like that.
MR. MCCARTHY: The witness asked about the
curve. There is a curve. This is a more detailed blowup,
the road continues after that point If you need a
different map to show a longer road, you could do that.
THEWTTNESS Well, ycah.
MR. MCCARTHY The witncss can take a look
at Exhibit I S3.
MR. GREENE: Or even 154
MR. MCCARTHY: Right, or 154.
A. It went down to about where the curve was.
(Marking.)
BY MR. GREENE:
Q. So, the area that you have indicated on
Exhibit 153 with hash marks is an area that was rruuntained
differently from the other gravel or aggregate surfaced
roads within the club property; is that correct?
A. Yes.
MR. MCCARTHY: The record should reflect
that the witness has indicated that on Exhibit 155 that
point continued to about the curve south of the road, past
what is now shown as a new maintenance building; is rhat
correct? It wasn't there at the time.
THE WITNESS: YCS, it WCnt past.
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Page 55
BY MR. GREENE.
Q. Let me ask this question. You may noi have
a recollection, but I am going to be very specific.
During the calendar year 1989. did you perform
or are you aware of having performed any mainteiuince on the
section of intenor oriveway that would have been west of
the site of the maintenance building? Again. I am just
asking if you have any recollection of having done so during
1989?
A. I am sure we did. yes.
Q. What is that recollection based upon?
A. I am sure we back bladed the road.
Q. Where would you back blade the road to?
A. Well, we would have done the whole thing
(indicating).
Q. Who typically did that at the club?
A. Oh. it could have been myself, it could have
been'one of my employees. Dean Peikey or Rick Rngman. or
whoever was a fuU*time employee. Dan Kavcm (phonetuj.
Q. My question was a very specific cne. Do you
have any specific recollection of that having been done in
1989?
A. No. but we did il on a yearly basis
Q. The back blading?
A. Right.
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Page 56
0. What docs back blading mean'*
A. Well, you have a blade in back of a tractor
and you scrape the gravel, and it fills in the ruts and the
road, it smooths it off, you know If you don't do that on
a yearly basts or three or four times a year, the road would
become unusable.
MR. GREENE. Thank you. That is all I
have got
DIRECT EXAMINATION
BY MR. MCCARTHY:
Q. On this Exhibit 153, you marked in the back
hash marks to show where. I take it, in the I980's you
didn't do the same type of annual mainteruuioe that you did
on other portions of the internal roads; is that right?
A. Right.
Q. Now, the area that you have marked, tras that a
gravel rvi.al?
A Yes.
Q. During the 20 years that you were there would
you from time to time put fresh aggregate or gravel on
there?
A. Yes, we did.
Q. And the back blading is something that you did
annually?r;c 53 " age 56 Kirby A. Kennedy & Ataocintes (612) 922-I9SS
I George Jeimrich Condenselt Depo-Squish
Page 57 Page 59
1 A. Uh-huh.1 A. No.
2 Q. Would you in the winter plow down to the 2 Q. You ulked about the keys that were available
3 Woodhill property line? Not you, would you have it done.3 during the 1970's to open the chain on the Woodhill dnveway
4 you or your stafP?4 that tied into Woodhill Avenue. I would like to ask you a
5 A. Yes.5 rouple of questions about that
6 Q. Showing you Exhibit 155, the 1992 topographic 6 Did the bartender have a key?
7 map, you previously testified about other gravel and a^halt 7 A. Yes.
8 areas of the road; is that nght? OF the internal road 8 Q. Why was that because the banender would close
9 system of Woodhill?9 up the club?
10 A. What was the question again?10 A. Yes.
II Q. There were other gravel internal roads?11 Q. There were two bouses out in the western
12 A. Yes.12 portion of the club propeny, tighr? The old subie
13 Q. You indicated that those were in the circular 13 manager's bouse?
area around the paddock, and then, from there up to the 14 A. Yes.
IS maintenance building?IS Q. And there was an old farmhouse as well in the
16 A. Yes.16 vicinity of the mnioienance building?
17 Q. The other portion of the internal roads that 17 A. Yes.
18 went around the tennis courts and the clubhouse and out to -18 Q. Old maintenance building.
19 County Road 15 were paved with asphalt?19 Were cither of those bouses ever occupied
:o A. Yes 20 during dc 1970’$ or I980's?
21 Q. Did you have cxxaston from time to tune to 21 A. Yes, they were occupied during the whole time.
22 resurface the asphalt?22 Q. Old the people who bved in those bouses have
23 A Yes.23 keys IO that back gaie?
24 (j. Did the city ever suggest to you that the club 24 A. Yes, they also worked for me.
25 needed u permit?25 Q. You said the lenms pro had keys?
Page 58 Page 60
1 A. No 1 A. Uh-huh.
Q. Every year you brought ir, loads of gravel lo 2 Q. Did any of the waitresses have keys?
3 spiead on ^he iniemal roads: is that nght?3 A. 1 don't know.
ns A. Yes 4 Q. Did the club manager have a key?
5 Q. Did the cicy ever -5 A. I am sure he did. Yes.
6 MR. GR££NE objecuon on the grounds of 6 MR. GREENE^ SO I understand, during
7 Ijck of foundation based upon his lesttmony pirviously about 7 the period of time of the seventies we are talking about?
8 bis lack of contact with the city and pemuis.8 MR. MCCARTHY: Right During the
9 BY MR. MCCARTHY 9 seventies.
iO Q Did you ever hear from anyone that the city 10
1
THE WITNESS: Uh-huh.
II look the position th»' the club needed o pennit lo haul in II BY MR. MCCARTHY
12 the loads of gravel ii did every year?12 Q. So, the people that lived in the bouse, the
13 A. Could you rephrase that again ’11 grounds crew, tennis pro, bartender, club manager and you
14 Q Suxe. Did you ever bear iron anyone, whether 14 were all people that had keys?
15 from the city dmxUy. from the grounds chairman, from the 15 A. Yes.
16 manager or anyone else that the City of Orono thought that 16 Q. So. any one of you could, in fact, open it up
17 Woodhill needed j permit for the loads of gravel ii brought 17 and drive through?
18 in to spread on its roods every year ’18 A. Yes
19 A. No.19 Q. So, if someone left it open, it would be open
2U Q. Did you bnng in vuckloads of earth to spread 20 for anyone to go down the road?
21 on the golf course every year?21 A. Yes.
22 A. Yes.22 Q. Did that happen from time to time?
23 Q. Did anyone ever leil you that the Cicy of Orono 23 A. Yes.
24 thought that any type of pennit was necessary to bring in 24 Q. It is also possible that if someone happened
25 the truckloads of din every year?25 to lock the gaie. then unless you had a key, you would
Kirby A. Kennedy & Associates (612) 922-1955 %e 57 - iige 60
ft>q>o-Squish Condenselt
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1 encounter a chain across the road, a chain or a gate?
2 A. Yes.
3 Q. Do you recall from the time you started until
4 say 1978, wheLher what was across the driveway was a chain
5 or a meul gate?
6 A. I think it was a chain.
7 Q. Then you testified about a metal gate that
8 preceded the chain you installed in 1980. So, at sometime
9 that chain was changed to a metal gate?
0 A. Right.
1 MR. GREENE; I think you said that
2 backwards.
3 Q. Let me clarify it. First was a chain, then a
4 gate?
5 A. Then a gate.
6 . Q. And then a chain was put around the gate?
7 A. Uh'huh.
8 Q. Then the structure was put in in 1980 with the
9 ' concrete posts and the chain?
0 A. Uh'huh.
1 Q. After you put in the posts with the metal
2 chain, and you were there for a decade afterwards, was that
3 chain lowered and vehicles driven down every year?
4 A. After the eighties?
5 Q. In 1980 you put up the concrete post and the
George Jennrich
Page 63
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were still employed at Woodbill?
A. Yes.
Q. When you drove through there in the 1980‘s. did
you receive any complaints from any neighbors?
A. No.
Q. Did you receive any complaints from the City of
Orono?
A. No.
RECROSS-EXAMINATION
BY MR GREENE
Q. I am showing you a blowup Mr. McCarthy has had
made of a potlion of the Woodhill Avenue, Orono Orchard Road
inienection, and the club is there as well.
Do you recognize this blowup?
MR. MCCARTHY FOT the lecord. I will say
this is an aerial photograph from 1951. It is deposition
Exhibit Number 7 and this is a blown up version of a portion
of Exhibit 7. I think when you say "club." I think you
misspoke. Cliff. It doesn't show the clubhouse. You arc
ulking about some portion of Woodhill Country Club.
MR. GREENE: of Woodhill Country Club,
that's correct.
BY MR. CREENE;
Q. Do you recognize the area depicted in this
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Page 62
chain?
A. Right.
Q You istified that tractors would be taken
through there ’
A Yes.
Q. Was anything else, other than tractors? Did
you ever drive a truck or vehicle through there?
A Yes
Q. You. personally?
A. Yes.
Q. Did anyone else besides you drive vefaicks
through there?
A. I am sure my grounds staff did.
Q. The train incidents that you described, did
any of them occur after the concrete post was put in. so
you would have hod to lower the chain for the people to
drive through?
A. You know. I can't recall.
Q. Is it possible tha' it was during that tune?
A. Yes.
Q. If itcords would show the derailment occurred
sometime after 1980?
A. Y’es.
Q. Were vehicles driven through that gate down
onto Woodhill Avenue every year during the 1980's while you
Page 64
1 photograph?
2 MR. MCCARTHY: For example, do you
3 recogntze Orono Orchard Road?
4 Q. I will represent to you that on the left-hand
5 side of this photograph that ts Orono Orchard Road. Do you
6 see Woodhill Avenue now?
7 A. Yes.
8 0 Can you orient yourself to where the country
9 club is located?
10 A. Yeah. Yeah, there is an old skeet range, okay.
11 Q. You see the old skeet range?
12 A. Uh-huh.
13 Q. In sort of the upper right portion of the
14 photograph?
15 A. Yes.
16 Q. Just so that I understand, since you arrived in
17 1971, were there any changes of significance in your mind to
18 Woodhill Avenue between 1951 and 1971, or is that a pretty
9 good approximation of what Woodhill Avenue looked like in
20 1971?
21 A. What dates did you say? Did you say '51?
22 Q. Yes, this was taken in 1951. I want to know
23 whether this photograph of Woodhill Avenue illustrates what
24 Woodhill Avenue looked like in 1971 as well, or were there
changes?
I e 61 • age 64 Kirby A. Kennedy & Associates (612) 922-19SS
Richard FiedericI
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Condenaelt^
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STATt Of MtMWUOTA
COUNTY or NAIflftflH
oinmirr oovrt
POimTII JUDICIAL OtSTmCT
MooAMil Country Cluo, • Nlnnoaota
non-profit corporation,
Plfintm^
va.rila HO. NC ff-10541
City of Orono, Cabrial Jabbour, In Mi
official capacity ai Mayor of Orono,
and Aonald Moon#. In Mi official
capacity as Orono City AOMinlatrator,
oafanaanta.
Tha oapofition of aicmaao nuLOtaiCRSAH.
taian pursuant to Hotlca of Taalnq Oapotition. latan
bacora Ann Maria Holland, a Notary Public in and for tna
County of Maaninqton. Siata of Minnaiota. tafean an tha
27th day of January. Ifff, at 1700 Metropolitan Caatra.
333 South Savanth Itraat. Minnaapotta. Mtnnaaota. canMnclnq
at approalMa'.aly 1:45 i.«
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AP2£AAANCES:
P^2
IA50S f MCCARTHY. ESQI/tRR. of the Law Firm
of UNOOUIST A VRMWUM. f LLf . 42U0 m Ccmcr. 80 South
Eighth Sifoct, Mifwapolii. Mmnaou 55402. appeared for
and on behalf of the Plaaniiff
CUFFORD CR££NE. ESQUIRE, of the Uw Firm
of GRERNB ESfEU P LLR, 1700 Meoopoiitm Ccnuc.
333 SoadiSryaMhSM, Minnelli. Mirvnou 55402.
appeared for and on behalf of the Oefmdanu
*Tha Ongmil u m Uw potmmnn of
Attonpy QJTord Graene.*
AkopTHenL
ShmCFn«tl.Pvai«Al
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kpMr.GiM..................
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EiiMMMMaM.Mi^ .......................Pm 101
Kirby A. Kennedy and Associates (612) 922-19SS
Dqio-Squish
Page 3
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UCHAllD FSEDemeXSeN.
de Witms in the ibove^titled
natter after having been fint duly
sworn depoaes and taya as follows;
CROSS-EXAMINATION
BY MR. GREENE:
MR. GREENE: Let's pietnark this as
Exhibit 70.
(At diis time FREDBRlCKSEN Deposition
Exhibit Number 70 was marked for identification
by the GMiit Rqiorter.)
BY MR. GREENE:
Q. Would you please state your full name and
residential addresi?
A. Richard OonJon Frederickaen. 2093 Nielson
Avenue, Long Lake, Minnesota.
Q. Where do you work and what is your job title?
A. 1 work at Woodhill Country Club and I am the
golf come superintendent
Q. Before we get into the details of your position
at Woodhill and the substance of the deposition, fust of
alL let me thank you for coining here on an icy morning.
We will do our best to make this experience no longer than
it needs to be. I appreciate your ooopention.
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1 would imagine you have had a chance to talk
to Mr. McCarthy about the protocol for a deposition; is that
correct?
A. 1 have.
Q. Have you had a deposition taken of you before?
A. No, I haven't.
Q. Well, let me probably repeat just a little
bit of what Mr. McCarthy said to you. It is very important
to me that you are comfortable during this deposition. If
at any time during the deposition you feel the need for a
break, just ask me and we will take such a break.
Similarly, it is very important for me to know
that vou have understood my quettion. If at any time any
of my questions seem unintelligible, and there have been
those times in my experience, I need you to say to me,
"Mr. Greene, would you please rephrase the question?"
Would you do that for me?
A IwUl.
Q. If at any time you are aware of a document that
exists that might provide the answer to a question or might
refresh your recollection, would you so advise, and we will
attempt to locate that document for you.
b that agreeable to you, also?
A. Yes.
Q. Good.
Page 1 - Page A
Richafd Fredericl CoBdenif.itPage 65BY MR. GREENE;Q. Then just write ■Wood."Are you indicating where the property is or where the house is?A. 1 are indicating where the property is.(Marking.)Q. Why don't you put under "Wood." the word
"property"?
A. (Marking.)
Q. Now, let's return a moment to the maintenance
shed. Are there machines in operation at the maintenance
shed from time to time?
A. Yes.
Q. What kind of machinery is housed in the
maintenance shed?
A. All of our mowers and most of our tractors.
Q. Are the mowers and tractors serviced at the
maintenance shed?
A. Yes, they are.
Q. So. the mowtrs and the tractors are brought to
the maintenance shed over the roadways within the club's
property?
A. That's correct.
Q. Can you describe in any greater detail the type
2S of servicing you do to this equipment at the maintenance
Page 67in any discussiom at the club or elsewhere during which the subject of opening access from Woodhill Avenue to the club was discussed?MR. MCCARTHY: YOU mean not for tractors going back and forth, l.ut on a regular basis for cars and trucks? Is that what you mean?MR. GREENE: Right.
BY MR. GREENE:
Q. Other than the two occasions in '90 and '97
when you took the chains down so tractors could get
serviced, were there any other occasions where you had
HisruMBd removing the bamers anu making access from
Woodhill Avenue permissible?
A. I had limited discussion with Mark Albrecht
previously to that, but it was more in passing. Be it
lunchtime, we would have discussions discussing the
condition of the golf course, and I ioiow the issue had
come up, but nothing in the ofTicial capacity.
Q. From your standpoint, as the greens
superintendent of the golf course, was it your preference
to sec that barrier stay in place to prevent vandalism
to the golf course?
A. I didn't have a preference one way or the
other.
Q. From 1989 until May 5. 1998, did the club
Page 66
shed?
A. They are gassed up, refueled, oil changes,
movrers are adjusted. Any type of maintenance work, repairs
(lone on them arc done there.
MR. MCCARTHY: I have given you wide range
of discovery in this case, but how lawn mowers are serviced
in the maintenance shed do not appear relevant to the issues
in the lawsuit.
BY MR. GREENE
Q. Do you service golf carts there, aiso?
A. No, we don't
Q. What other types of services are performed at
the maintenance shed in addition to servicing the vehicles
that you described?
A. We do our staff training there, orienution.
It is where our lunches are. All of our personnel services
are done there.
Q. Do you know what was at the maintenance shed
previously?
A. In the new oik ?
Q. Yes, the new maintenance shed, what was there
before it was built?
A. It is my understanding that there was a house
in the area. Beyond that, I don't.
Q. Prior to May 4, 1998. had you ever participated
Kii'by A. Kennedy and Associates (612) 922-1955
Page 68
perform any maintenance in the vicinity of the gravel
roadway to the west of the chain barrier all of the way
to the pavement of Woodhill Avenue?
A. We performed some tree trimming along
the edges, along the road coming up from the asphalt
pcnodically, so you could entet and access that on bike;
otherwise, no.
Q. So. let me sec if 1 understand Other than
tree trimming to facilitate bike access, the club did no
maintenance on the gravel roadway in the area that you have
shaded in in pink on deposition Exhibit 88?
A. That is correct.
Q. During this period of time, did vegetation,
underbrush, saplings, trees, whatever, grow within U k area
that had formerly been a gravel roadway?
MR. MCCARTHY: I object 8s Compound. You
have about 12 questions there.
MR. GREENE: I will let him describe it.
1 am trying to give him the universe of what I am looking
for here.
A. Your question is?
BY .MR GREENE:
Q. Can you describe what had grown up in the
vicinity of this pink shaded area on Exhibit 88, what type
of vegetation during the period from 1989 to May of 1998,
Page 65 - Page 6
-Squish Coadt^t” _________ Riclafd
>rt»w«prton«)7
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about?
Q. Other than the maintenance you testified to?
A. Coma. Along the edges there were some
Boxelder saplings that were growing up, other than that, it
was general crabgrass growing in the path of the roadway.
Q. Was the roadway in the condition where cars
and trucks could use it to access the club from WoodhUl
Avenue without the need for roadway improvements, which
might include clearing off of vegetation and brush, grading
and resurfacing?
A. It is my belief you could get up and down that,
if you wanted to.
Q. What do you mean by that, "if you wanted to"?
A. If you wanted to take a vehicle up that road or
come down that road, you could have, if you removed the
chain.
Q. Would there have been any problems or
complications associated with doing so?
A. We didn't have any problems when wc took our
tractor down there.
Q. Suppose you are driving something other than
a tractor, are you encountering vegetauon and underbrush?
Page 70
We have referred to that from time to tunc. Was that there?
A. You wouldn't be driving over brush. The center
pan of the roadway was clean still. We ined to maintain
that. But, the sides had the Boxelder saplings growing up
along the edges.
Q. How thick were the circumferences of the
Boxelder saplings?
A. One to throe inches.
Q. When you say, "the edges," were these growing
on the roadside, in other words, the area of the road that
would not be uaveied, or were they on the edges of the
traveled road area?
A. It would be on the edges of the traveled
road, so the center pan, you could still get a tractor or
a vehicle up and down the center.
Q. Can you provide me with a more detailed picture
of what the area you have shaded in pink looked like on
May 4, 1998, the day before improvements were do.ie?
A. There were Boxelder «apiing« growing along the
edge of the road and there were branches hanging from the
mature trees forming up a canopy, not a canopy across the
road, but a canopy to the edge of the road, to best describe
1 •It
24 Q. Would these trees obstnict the vision of
traffic or otherwise need to be pared back in order to
69-Page 72 "
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—W /w ISaEKII
be desirable or would absolutely have to be done to be
navipied?
Ma.OReeNE: oesirabie.
SYMILCReeNE:
Q. 1 am trying to get a sense of bow me
bows related to the need to improve the roadway.
A. It would be desirable.
Q. Why is that?
A. If you ame going to pass two cars on the
roadwiy, you would hnve the ears pushii« up ogninstd*
branches, if we didn't trim !>■*— back.
Q. So kt OK see if I understand sort of the gist
of your testanony regarding mainienaaoe of U b ana wUcb
you have shaded in pink on Exhibit 88.
- From Oecamber of 1989 to May 4 of 1998, the
only mainioiance performed by the club in the vicmiiy of
the area shaded in pmk involved sook tnnuning or removal
of trees to faciliUK bicycle access lo the club?
A. And any of our vehicles, our tractors.
Q. Did you have to do nuuiienance to this arm
of the gravel road in conjunction with your desire to move
the tractor to the repair dmien in 1990 or 19977
Page 72
A. I can't answer that I don't know Our goal
was to keep the arm open so you could access it with a
tractor and access it with a bKycle.
Q. Had you read any depostuon iienscnpu in this
case?
A. 1 looked at Mr. AJbiecbi's.
Q. Did you rrad Mr. Albiechi's deposition?
A. I did.
Q. Is iboe any aspect of Mr. Albiecld's account
of events on May 4tb with which you disagree?
A. No
Q. Let me understand then in your own words, how
It was that you learned that the club wanMd to make mad
improvonenu that would enable pa ssag e to occur beivreen the
paved potuon of Woodhill Avenue and the country club.
A. 1 leceived a call from Mr. Albrecht asking
that we mem at L-OO on Monday with Mr. Dayton to V mA at
the road, and that's how I learned of it.
Q. What happohxl nea?
A. Wemesat 1:00 on Monday. U k 4th. 1 believe
it is. We walked the road. They asked me if I could do
this job. and 1 told than that the time constraint was my
staff, being that thoe was the opening pan of our golf
*eason. wc didn t have the staff to do it, but we would have
so mebo dy come in and help us.
A. Kennedy and Associates (612) 922-
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Page 105
A. Y«.
Q. Wts thoe in Evogrsai tomewbae adjacent to
the maintenance facility?
A. That's comcL There are two.
Q. How tall are these trees?
A. They would be, approximately. 10 to 12 feet
Q. We have been talking about the existence of
8 pavonent on Woodhill Avenue, and you told me that the
9 that is paved with bituminous on Woodhill Avenue has not
been changed during the period that you have been at
Woodhill Country Club, correct?
A. That is my best recollection.
Q. lo the course of discussing maoen with
Mr. Efigman or anyone else, have they told you that the paved
portion of Woodhill Avenue has changed over the years or
not?
MJC MCCARTHY: I object to the extent
that your answer would be based upon any conversations
with counsel. To those, 1 would object on the grounds of
anorney/client privilege. To the extent you have knowledge
apart from conversations with counsel, feel free to answer.
MR. GREENE txt's do it this Way, because
1 am not sure how significant the response is. A wiuiess
who receives facts from whatever source, including his
attorney, can convey those facts as a fact witness. This is
Dcpo-Squisb
1 not legal advioe.
2 BY MR. GREENE:
Page 106
Q. However, without waiving that objection, have
you had discussions with Mr. Engman or anyone else that
would lead you to believe that the pavement, the paved area
of Woodhill Avenue has changed from time to time or at any
period pnor to your arrival at Woodhill Country Club?
A. Our discussions never cenicred around that.
Q. So. all you know about this is information that
you may have heard from counsel: is that correct?
A. Pertaining lo?
Q. The location of pavement on W'oodhill Avenue?
A. I don't follow your question. Mr. Greene.
Q. Let me direct the question to Mr. McCarthy.
MR. GREENE: It IS my understanding that
this witness does not have testimony on that point to give?
MR. MoCARTIfY: That's correct.
MR. GREENE: YOU may cither ask questions
or instruct the witness.
MR. MccARTinr: I just havc a couple of
questions lo follow up on.
CROS.S- EXA M IN ATION
BY MR. MCCARTHY:
Q. The tree that you discussed, the Evergreens
A. Kennedy and Associates (612) 922-1955
Page 107
bong planted concerning the light that you discussed?
A. Correct.
Q. Was the person who asked you to do that
Mr. Michael Wood?
A. Yes, it was.
Q. At the time that he asked you to do that, did
he have any position with Woodhill?
A. He was president of the club.
Q. So, you were responding to a direction from
the president of the club when you planted that tree?
A. That's correct.
Q- You discussed having tractors driven out to
I'OnS Lake down the gravel road onto Woodhill Avenue, you
mentioned two instanoes.
How did you nguie out that, that there were
these two instanoes with the tractors?
A. These were the two instanoes that I could find
invoices for the work that had been done.
Q. What is your best recollection as to whether
tractors were driven mote than those two times?
A. They had probably been driven more often.
Every couple of years, every few years.
Q. So, when you say the tractors were driven
24 tvnoe, those refer to just the ones that you happened to
25 keep invoices?
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Page 108
A. That I could find invoices on.
Q. Is it your best recollection the fact that
tractors drove down that road more frequently?
MR. GREENE: Objection on the grounds
of foundation. Asking him whether he saw that, as opposed
to speculating, would be helpful to me.
BY MR MCCARTHY:
Q. What is your best recollection about Woodhill's
tractors using that road?
MR. GREENE: Same objection; lack of
foundation.
Q. Same question.
A. Every two to three years.
Q. What do you base that on?
A. We have several tractors, maintenance work that
needs to be done on them that can't be done in-house.
Q. Did you ever encounter any difficulties with
gening the tractors out the gravel road to Woodhill Avenue?
A. No
Q. Did you ever receive any complaints from any
neighbors?
A. No
Q. Did you ever receive any complaints from
neighbors about the maintenance of the road that you
testified?
V
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Page 105 • Page lOJ
' A. No, I baven-t ^agc 109
j =£:==:S “ —
l« orboU,? “ or men*«
THE WITNESS. Both.
" r;“^~ s,“:ntr'
I ss;f^~~=S;
I O..J,,"Xoldr ,b«.., half of
’ 8olfcLt''^'™“'''™**-“^'™'"‘0Wo»»
MR. GREENE. Objection; leading
■«« on our ffolf r ^ ^ 'w:
n „ * u'**«y vehicles
if or'.„uT!^r op 0. *„,„, „,
A. Never.
■ A. We do
■nion, Iheveoofunhe,
l»ot eovuZ ■“ '•*“»»■ too*
«racm,m«:u«overUKWo«|biliAvnuera«e.
iopp^rm
Page no
Um on two ”™‘“rLr^““u.n,dww««d,.Aj:::::.’n:j:r
A. That*s correct.
Q. And beyond reading those two invoi«.«
^y.ow««w.dw.tsdwron.a„.n::^-
A. Yes, I am.
n di^n'Lf^
*8 b«ck«ratoWoodhiU^JJ«‘^‘‘‘*‘^'^°'^‘*“‘
«9 the dealer? ^ng serviced by
^21 ***”8 serviced or leased. Welo^
24 WbUyouh.«^^CnilJ^Uno^ri!Z''^''**‘“'^
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; ;^,>'~™«o"«>oUI«Woodbi,,A«nneJl''-
' «n»on then. m«eir
UosoutwrtK,^., occasion to uUlia:
A How many n.ctom do wn ha« i„ our n=«4
scoss. ’*>'*oold use that
—‘a'li-sor""-'*'™2X-=:.r:srr:~“route to the dealer? woodhill Avenue
A. It is possible.
us with an inlcaU^f Ihl
18 vehicles nughthawtlJ^ *^*^*^'^
WoodhillAve^I
20 A. I did.
Q. And you didn’t find any?
A. I did find them. I found two
24 A 1^ ^ «y others'^
^om»y A. KcMccy ua Aa»ciue> (612) 922-1955
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Richa rt FicacncMcn ______________—^
Q this gravel road ftom the
dub 10 WoodhiU Avenue for ihe purpose of taking traciois
out to WoodhiU Avenue to get serviced, every two or three
ye«s, were there any other circurnstances when that
rowtway was used from the tune that you got to the club in
December of 1989 to May 5.1998. by cars or trucks?
A. No. that 1 am aware of.
MR. OREENE: I have no further questions.
MR. MCCARTHY: YOU have the right to
review and read your deposition or you can waive that. I
suggest that you esercise your right to review it.
THE WITNESS: 1 would like to read it.
(Whereupon, at 12:15 p.m., January 27, 1999,
the taking of the deposition of RICHARD
FREOERICKSEN was concluded)
rdfc liJ
Till 11 - —■ -— “***1^!;““ “
TVtf WIM* hdiw*
^icUMlo
It t ime rwori of
tottkcMof ny
WTTH1S5 MY MAHO AND SEAL tfui 3llt day of J.¥«itr>.
A miM. Hollini
CoMtiUpontr
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fUPON COMfLETIOH. forwtrd ttMt onciMi R mEiih ijM
CfftiTicjM lo Attorwy QJford Ijraent. alftady lut iht
Page 114
Sntf4 Onfuul.)
tIOWU) PPfDlMCIlO*
I.wchaadpwbmuoiio - 4ohmby cmifyEoi
I have fud the fof«to«os ramcnpi of my Orpotuion ind
believe the ume to be tnd wneci Cor. eacepi *
follow.. noiu« Ihe fugc Ihf h* iwmbtr of Che clun»r
or od4moo4i*ifPdendiheitM»» whyi
faff Line Oueife of Addic»ort Rcteon
liot_____4oy«^
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Kirby A. Kennedy and Asiociatca (612) 922-1955
Page 113 - Page 115
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WOODHILL COUNTRY CLUB
:00 WOODHILL ROAD
WAYZATA. MINNESOTA 55391
473-7333
• rso
Cr. GROr^Q
June 23, 1980
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Honorable Crad Van Nest
Mayor of the City of Orono
Post Office Box 66
Crystal Bay, Minnesota 55323
Dear Brad:
At its ir.ost recent nteeting, the Board of Trustees of l.'oodhill*
decided to keep the "back entrance" to the Uoodhill Club property
closed at all tirnes except in emergencies. This action was taken
for t'.;o reasons — first, as a matter of security to the Club
property itself, and second, because of the strong desires of the
City of Orono to limit public traffic on Uoodhill Road through
l.’codhill property by members of the general public. It is con-
tc.T.plated that a secure gate arrangement will be constructed on the
back entrance which will prevent cars__and trucks from using the
entrance, but will allow bicycle traffic.
As you knev;, by taking this action v;e do not in any way v;ant to
limit our right to use the back entrance should future circumstances
warrant a change in this decision.
Sincerely,
JoT.ii U. Morrison
President
cc: Mr. l.'altor Garry, Jr.
tir. Charles S. Cellovjs
Mr. Tlicmas M. Crosby, Jr.
Mr. /‘jithony Kallas
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6. Affidavit of John S. Pillsbury,
dated November 12,1998
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STA'ri£ OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
AFFIDAVIT OF JOHN S. PILLSBURY, JR.
I. John S. Pillsbury. Jr., being Inst duly sworn, depose and slate as follows;
1 . I have lived in Orono, Hennepin County, Minnesota nearly all of my life. 1
graduated from the University of Minnesota Law School in H)41. I am now retired.
2. In 1946 I purchased the Albert and Esther Crosby house and land. I
reeeivetl the deeds attached hereto as Exhibit A. Attached hereto as l:\hibit B is a
diagram showing the location of the land 1 purchased. I lived in the main house until I
sold it in I9S6 to John Prudden. Following the sale to Prudden. a second portion of my
land was sold to John McDowell and subdivided into lots called “Woodhiil Ridge.” The
third portion of my land, along VVoodhill Road on the south and east, was .sold to
^\’oodhill Country Club.
1 was aware of the fact that the northernmost portion of the land 1 purchased
Irom Albert Crosby was bordered on the north side by Woodhill Avenue and on the cast
side by land owned by the Woodhill Country Club. When I bought the land, horses were
regularly kept at Woodhill Country Club in two large barns and various paddocks and
pastures northerly and westerly of the barns, and northerly of my house. 1 know that the
barn manager’s house was on the top of the hill behind the present maintenance building
and that there was another residential dwelling for club employees further south near the
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bams and the pond. There was always a back road out of the club from the area of the
pond and the bams pro:eeding westerly to Woodhill Avenue.
4. When I purchased the property in 1946.1 knew that Woodhill Avenue was a
publie street. While I did not survey the land 1 purchased from Albert and Esther Crosby,
I could see that my northerly boundary line on the western poilion of my property was
Woodhill Avenue as it e.xistcd. Exhibit C is an aerial photograph showing Woodhill
Avenue and my property about 1951. It accurately depicts the location of Woodhill
A\ enuc as it was maintained and traveled during the period I owned my property from
1946 to 1986. From the fence lines on the north side of Woodhill Avenue for the
Woodhill Country Club horse pasture, and the path cut through the trees southerly of
Woodhill Avenue for Northern States Power Co. power lines to my house. I always knew
w here the westerly boundary of the Woodhill Country Club property lay in the vicinity of
\\ oodhill Avenue and my property.
D.I know that Northern States Power Co. ran its power lines along Woodhill
Avenue and thence easterly to Woodhill Country Club. A branch of the Northern States
Power Co. power line ran southerly to my house along the property line dividing my
property from Woodhill’s property south of Woodhill .Avenue.
6. During the 40 years I owned the property, 1 knew there was an established
public street known as Woodhill Avenue that connected Orono Orchard Road and
Woodhill Country Club. Throughout my entire period of ownership it was my position
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that the public had the right to use Woodhill Avenue from Orono Orchard Road easterly
to the Woculhill Countr>' Club property line and that the entire length of Woodhill Avenue
up to the Woodhill Country Club property line was a public street. At no time did 1 ever
object to or try to restrict use of Woodhill Avenue by the public.
7. When I purchased my house in 1946, there were only three driveways that
used Woodhill Avenue: the two homes at the corner of Orono Orchar;? Road and
Woodhill Country Club, in the late 1950's or early I960's, a house was built on the north
side of Woodhill Avenue fuilhcr cast. On August 14, 1979,1 sent the attached letter
(Exhibit D) to the Village of Orono. Orono responded to me by acknowledging that
Woodhill Avenue was a public street, that it had been and was maintained by Orono. and
that the vehicles were illegally blocking a public street. A copy of the August 17. 1979
letter I received from the City of Orono is attached as E.xhibit E. The same day the Orono
police chief wrote to Mr. Wagencr and advised him to remove his trucks so that Woodhill
Avenue could be used as a public street by the public. A copy of the letter is attached as
Exhibit F.
S. I understand the current position ol the City of Orono is that the portion ol
Woodhill Avenue cast of Mr. Wagoner’s driveway up to the Woodhill Country Club
property line is simply a “private casement” over my property. The City’s position is
incorrect. At all times during my ownership, 1 did not consider that portion of Woodhill
Avenue to be a private casement on my property in favor of Woodhill Country Club. As I
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described in my August I4, 1979 letter to Orono (Exhibit D^l. I believed and intended that
Woodhill Avenue was a publie street up to the Woodhill Country Club property line.
Woodhill Avenue was, in fact, open to and used by the public.
9. During the period 1 owned my property, Woodhill Avenue was traveled by
club members, club employees, service vehicles and guests of members. Several
employees and 1 assume their families lived in the two residences located near the current
maintenance building, bam and pond. Woodhill maintained an active hockey and skating
program on its pond throughout the winter. It also hosted an annual horse show
throughout the 1930*s, 1940's and 1950's. Woodhill Avenue was open to and was used
by the public that frequented those activities.
FURTHER. AFFIANT SAYETH NOT.
John S. Pillsbury, Jr.
Subscribed and sworn to before me
this /^- day of November. 1998. /
Notary Public ^
^ ^ ROOERTaiiTCHEli.JR.miiMnmuc-ummmk
HENNEPIN COUNTY
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tot 11 onct Lot 12• AuditorSubdivision Mo* S07p Uonnopln County
rinnosoto* eneoptific that part or Lot 11 doserlbod aa follcava: Def.ln*
at t*.*.s Southoaat corner cf Lot 0 in a aid Audi tor *s Lubdlviaion
i*o« 307: th«* lac East SLlenr. tho oxtonalen of tho ^uth lino of said Lot
IS a Ola^snee of 4G*6 foot: thonco llortn nornllol with the North and
South cantor lino of Soetlon Z • Tovnahlp 117, noi^eo 23 a dlatanee or
352*01 foot to a point in tlio oxtonolon of tho Uorthorly lino of oald
Lot I); thane a bciuthwoaterly alen^ amid oxtondod Ncrthoriy lino a
dlotaneo of <0M foot to tho ^orthoaot eornor of oald Lot 6; thonoo
South aionc tho East line of said Lot d a diataneo of 310 foot to
tho point cf bocinnln^.
Also, cxsnptinr. that part jf Lot 12, dodcribod aa folloaa: ilodin*
nlnri nt V\e rolnt of ir.torsootion cf tho Korthorly lino of Lot 0 in
sale; Aiiditor‘*a Subdivialon !lo* 307 with tho North and South eontor line
of Section Yornahip 117, llan;:o 23; thonco Soutitaooterly olonn tho
rorf'orly lino of aold Lot S to tho an«lv oolr.t In tho ?lorthor|y
Una er atid lot* said pdiiit boln{* 25.5 foot oaat ef the seat Woaterly
eornor of sold Lot Os thonoo Northoootorly 32.2 foot to o point 29i.74
foot :*cuth%Toator!y frors tho point of bossinnlnns thonee Northoootorly
S04.74 Tett to tho point of beninnine.;
et a
.in-.; c.rncptlnj that nnrt of !.ot If doserlbod oa folloess *>ocir«ilnc
nrint !n tho dividing I'.no butwcon Lots 3 and 12 in said Auditor*u
Sub««lv*jlcn ;-09 307, which no-nt is 41,1 foot i?orthorly fron the -ortli-
eeott.rly corner of :.os < In ctau «^iibdlvlalon; thonco ^ortliorly alonr.
Shu -ilvluinc line liotwaon nforaaoid i.ota 3 and 12 a dlotaneo of 7U**J
feet to en ancio iiolnt in oald dividing, lina; thanea at o rlRht anj^le
;trly alonr the dividing lino botwoon aoid Lota 3 «ul 12* a diotnn?<7.ast'of L7 foot to another anp.lo point in said dividing lino; thonoo sr.iith-
*.7cactrj7 in a otralgtit lino 37,3 feet more or leoa* to tho point ofir.-, eceordin^ to tho olat thereof on Mle and of rooorU in the
o*r tho Ronletrsr of Tltloo In and for tho County of Monnopin*
*.Tco«trj!f
be‘*lnr.i
offlct
r.tr.te r.f **:r.n9soto;
.•.ai'i iironisca rtro itoroby ccnv.^yoii toijothrr with tho eaae.scnt re-
u'lrvc** tr. rovnr of .*iaid pro?siaos by t!iot eertnin doou dated AuiVJnt 7,
Ih**. irid f'lod In tho offie*.'» of tiio Uor.istrar of fltlos on ^optonbor
*. C , i:*-*C aa dead Doounant ::u* i llao of tho Ke^lotrar of
• Itio*: is; and for dannopln County* L'lnnosota:
fnhjcet oa to a part t»r T,ct ii* Audltor*o Subdivialon *r.o* 30*^*
to *:ho rlr/tta of eoooisor.t and of roptirohaso roaorrod in deed of roeosnl
Im PooU 1U32* pa#.a 470 in tha offico of tho Rofiiotor of Doodo In and
•'or '<onr.enSri County, i!lnnaoota* snd irlthcut projudieo to tho oaaoeient
•Tcrtcd l»v deed in fover of oald !.ot 11 ond tho oonarn thereof In
**f*»t-»<*« ni*fj** 'end t'narcln iioacrlUod;
..!-? M'ljoct to tho conditlrns cot^.f.lnod in t*'.ut cert:i?M cr.ri**:-.•cni
•tatvJ •a;/:n:v/ a, ISIS, a:id filed In the office of the iia-.letrnr ct
T-'.Jr*;; #.m Vcntenhev 24 * 124*1, oa iNic^c-ont :<o* :‘:2^1C(I9 , ; lou r.|* U:o
-,trnr Ylnl»ja -ti and for nonnoeln ^o*!nly, "Sniia-tnia,
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sCo IUAUC mb to {Dotb I^C froinc* TnfgUtf^ uUh all ths hevetlitamentn ofui •tpfutrtfnancti
#• betoHjim^ or in anyiMc# nppirtainimg, to the eaid part 'J ____<>/ the etror,,* hi3
heir$ nIII/ nmi^hj, Fcrrrer. .4nd ike eaUi_______Ii3.th0T. ..V «. .-Cruab;* , . Atl ciOW
----- —- -w. V. W«« w • -. .. •• • • • »•*•« «•
fcrt.y the firet part, /<^«ilOCflalXL#-hOP-r.teeutore omj art fu tm Let ra tore, tlo^P'J
ooifennnt ii\ih the euid part.y^__of 0io eeromd |taK^.ilLs __helre enJ eeetfme, that__3*10—__%relt
,ihe IUh of all ampaid n^eial a^uBmeaU uad inUm* thereon.
e!iul Ute abm>e b^renined and tntnted lands and premuee, in o-tUt and peaceabU pouufion o/^the afh:
-y.™ c/ C».# e^onnd part.------------bla ----------------------hrire and neetfnr. ofntnst nil prrtone tau-
fullo sia^mtmf i*r to oUtltn the uhoU or onp part thereof. subfret to tnrumbr^nrs 3 . . tisrelnbefo^
mentioned, the eatd fvirf-JE_____of the first part arill R'amnK and Defend
Jn c.C5!(*no?ip CDbcCfcC. The oald pari of the first pari fut 3. hereunto m/... hor...
dap and pear firot abaoe uritten.
tn Preeenee ef
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13 ‘100 68th Avenue North
f.l'nneapoiiS'Maple Grove. MN 5531 1
(612)420-9606
ORDER NO. Cf*________
NEGATIVE NO. /3 ^ " PJL.
DATE FLOWN f
APPROX. SCALE n:^
I CERTIFY THAT THE ABOVE CHARACTERISTICS
■R£ ACCURATE AND CORRECT.
- C -3c > ' 9^
NAME DATE
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AUG 1C 1979
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JOITK 8. PIZX8BURY* Jll«
•M i»Am rowM
MI8!«BArOLM. MDOr
CITY. OF. ORONO
August 14, 1979
v; .
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The Village of Orono
Crystal Bay
Minnesota 55323
Gentlemen:' •* * • % • , *• . » ,
• • . * •
On August 8 I had occasion to check'th« north side
of iry property in connection with a survey I had .recently v '• >
ordered to be made. The ordering of this survey»"1nc1den* '’.•.'V-.-.
tally, had nothing at all to do with the.controve»4y-that . C "
has developed with respect to the use of Woodhil It Avenue.1
w*i * • * ^
I any event I found Woodhill Avenue-east’of'Mr.
Wagener's driveway completely blocked by two large trucks
which apparently belong to him. ‘ -v.
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While I spoke briefly to his wife and indicated tnat
I did not think that Hr. Wagener should block the rood,
I did not ask her to have the cars moved because, frankly,
that seemed to me to be an Inappropriate way to handle the
matter.
V
If a public road is blocked, I do not think that a
member of the public, and particularly an owner of abutting
land, should have to ask an individual who Is blocking the
road to unblock it and justify to that Individual the rea
son he wants it unblocked.
If an individual is allowed to control this, he Is
In effect being permitted to take a governmental function
Into his own hands. It seems to me that ai\y such request
should be directed to the governmental authority which In
this case is the Village of Orono.
I therefore respectfully request you to Inform Mr.
Wagener that he can not block this road and that you follow
through to see that he remains 1n compliance with your
mandate.
JSP:bp
Sincerely yours.
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EXHIBIT
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^JvaaJc you foe your Ictvor rog&rila? ?i:csi3iill Avoitia r.:*r «tis
ocattt>3 03 c pv±)lic ctroot.
piSSSi- s-
thm .afoty, health, an<3 »>alfar« of tho Sla. ^
h^flo4 Chiaf Kili>o, .uj^arvl.cr o? Um On.ao P^io* Daivart-
Uoatlfy th« vahlcl.a in tjn.atlon blocking Wjodklll Ava^
^ »50 to4. If thay ar« not wwry will b« toinid away at tha oimare Myanaoio
-* boon lafomad tK«t * ^rioata road alcra hao b««n irkstalltii*
•%j woodnill Avanua at tha Ofom Orchard Aoad,
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vill S ^ r X>>mn t^mt problajn
atriaS^ aapaxaj^ly, .r«th»r that blocking thaor saaignatlng it aa a prirata atr»at.
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Inforalng ua of your ooncyorwt and X can aiaurc
^u that tharw ia not a contrwaray bafora tha City Council raoardln<i
tha atatui of Woodhlll Avanua a« a public atraat, rfigmx<Un<j
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7. Letter from James P. McCarthy
to Cliff Greene, dated
November 20,1998
I
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P.L.L.P.
IN Denver
4200 IDS C enter U noquist . vennum & C^iR stensen
80 SCw'^H Eighth S'R£E* PLLP
Minneapolis Minnesota 5S402-220S 600 17th Street . Suite 2125
Telephone 6i2*37i.32ii Denver .C olorado 80202*5401
A ttorneys A t Law
James IV McCarthy
((»I2)37|.323H
jmccanhyiu lindquist com
November 20.1998
Clifford M. Greene. Esq.
Greene Espel
333 South Seventh Street
Suite 1700
Minneapolis, Minnesota 55402
Re: Woodhill Country Club v. City of Orono, et at.
Court File No. 98-10541
Dear Cliff:
I am writing to follow-up on our telephone conversation of last week. You had
inquired about a stipulation as to certain documents and facts. While willing to
stipulate to facts, I also inquired whether the issues in the lawsuit could be
narrowed.
At the commencement of the action. I understood that the parties disagreed as to
the requirements of the conditional use permit ordinance. I believe that continues to
be the only substantive issue between the parties. I was surprised to find Orono
taking the position that Woodhill Avenue has never been a public street up to the
Woodhill property line. My client is aware of no facts which support that position.
Since the City has raised the issue. I have looked into both the law concerning the
topic and begun the process of gathering evidence. I strongly believe that, if you
review that law and information, you will agree the issue should be dropped from the
lawsuit. Rather than just leave a few cites on your voice mail, I thought it may be
productive to share my legal and factual research in almost memo-like form.
Docs IO74480M
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LINDQUIST & X'ENNUM p l l p
Letter to Clifford M. Greene. Esq
November 20. 1998
Page 2
The defense asserted by the City arises from the fact that the easterly portion of
Woodhill Avenue as traveled deviates from the straight line shown in the 1887 Plat
of Minnetonka Bluffs and the 1924 Plat of Orono Orchards. The City’s position
appears to be that because this portion of the traveled road deviated slightly from
the plats (in order to curve around the hill) that it is not a public road like the rest of
Woodhill Avenue. However, a street can become a public street not only by being
platted, but also through common law dedication and the statutory dedication under
Minn. Stat. § 160.05. In the present case, Woodhill Avenue did become a public
street to the Woodhill property line both through common law dedication and
statutory dedication.
The elements of a common-law dedication of a roadway are (1) the land owner’s
intent - express or implied - to have his land appropriated and devoted to public use;
and (2) an acceptance of that use by the public. Benoston v. Villiaoe of Marine on
St. Croix, 246 N.W.2d 582, 584 (1976) (citing Daugherty v. Somers. 68 N.W.2d 866
(Minn. 1955); Keiter v, Berae. 18 N.W.2d 35, 38 (Minn. 1945)). “A dedication rests
upon assent and not prescription." Bengtson. 246 N.W.2d at 584.
A land owner’s intent is expressed when he "asserts that the road is public, and thus
his intent is unquestionably to dedicate it." Bengtson. supra at 585. In Sackett v.
Storm. 480 N.W.2d 377, 380 (Minn. App. 1992), a lakeshore property owner sought
a court determination that the disputed roadway v/as dedicated to public use against
an adjoining property owner (Storm) who had erected gates preventing plaintiff's use
of the roadway. ]d. at 379. Evidence of intent was found based on an affidavit of a
prior ov/ner of the Storm property. "Henry Loxtercamp, the immediate predecessor
in interest to the Storms, stated by affidavit that when he bought the property in
1968 he knew there was a long established roadway that he assumed all had the
right to use. Loxtercamp also stated that he ’intended that the roadway be
dedicated, used and maintained year-around for the general use of the area cabin
owners and the public.’" id. at 380. See also Keiter v. Beroe. 18 N.W.2d 35 (Minn.
1935); Anderson v. Birkland. 38 N.W.2d 215 (Minn. 1949); Metalak v. Vasmussen.
238 N.W.2d 478 (Minn. 1931); Carpenter v. Gantzer. 204 N.W.2d 550 (Minn. 1925).
Acceptance of a common law dedication may be shown either by public use or by
maintenance. "Acceptance of a dedication by the public may be shown by public
user, as by travel, or by acts of public officers in improving and maintaining the
road." Daugherty v. Sowers. 68 N.W.2d 866. 868 (Minn. 1955). “Common user by
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LINDQUIST & VENNUM p l lp
Letter to Clifford M. Greene. Esq
November 20, 1998
Page 3
the public is the very highest kind of evidence of public acceptance of a dedication."
Benatson 246 N.W.2d at 584. “A public user may be established by a
comparatively small number of persons." Id. “Among the differences between
statutory and common-law dedication,... is that no specific time period of public
use and maintenance is required for a common-law dedication. All that is required is
that intent and acceptance coincide, and thus dedication may be made instantly."
Woiahn v. Johnson. 297 N.W.2d 298, 308 (Minn. 1980) (citing Benatson. supra at
584).
In our conversations, Tom Barrett suggested that "public use" of a cul-de-sac road
cannot be established through use by the “end of the road" property owner or his or
her invitees. That proposition is, however, incorrect. Minnesota courts have
routinely found “public use" under both statutory and common-law dedication to
arise based on the use of the road by an "end of the road" land owner and his or her
invitees. As recently as April 14. 1998, the Minnesota Supreme Court affirmed a
Court of Appeal's decision that held use by a property owner and its invitee’s
constituted “public use." In the Request of Lafayette Development to Open 18'^
Avenue South . 567 N.W.2d 743, 745 (Minn. App. 1997), aff’d, 576 N.W.2d 740
(Minn. 1998). In Lafayette, "the record indicates that respondent, its tenants, their
invitees, and adjacent land owner have used the end of 18'^ Avenue to access their
property for many years." Such use was sufficient for dedication;
Use by a 'comparatively small number of persons’ may establish use of
a roadway. Flynn v, Beisel. 257 Minn. 531, 541, 102 N.W.2d 284, 292
(1960) (establishing public use under common-law dedication);
Anderson v. Birkeland. 229 Minn. 77. 82. 38 N.W.2d 215, 219 (1949)
(establishing n jblic use under statutory dedication and common law
dedication); Henlv v. Chisaoo County. 370 N.W.2d 920, 923 (Minn.
App. 1985) (establishing public road under common law dedication).
And a use primarily by respondent, its tenants, and their invitees
does not defeat a finding of public use because “[i]t is the right of
travel by all the world, and not the exercise of the right,” that
makes a roadway public. Anderson. 229 Minn, at 82, 38 N.W.2d at
219 “holding with seasonal use of road by cottage owners, friends, and
tradesmen sufficiently establish public use)."
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November 20, 1998
Page 4
Lafayette . 567 N.W.2d at 745 (emphasis added).
In a case that is strikingly similar to the Woodhill situation, "public use" was
established solely through use by a country club property’s prior owner and his
invitees. Leeper v. Hampton Hill, Inc.. 186 N.W.2d 765 (Minn. 1971). Leeoer held
that an access road that dead-ended in a country club was a public road based on
use by the prior owner of the country club property. Like Woodhill. the road in
question connected the country club to a larger public street (County Road No. 47).
The road, Juneau Lane, passed over plaintiff ’s property. The plaintiff in Leeper
agreed that Juneau Lane from County Road 47 up to his driveway was a public
road, just as Orono agrees that Woodhill Avenue prior to 1988 was a public road
only up to the point Woodhill Avenue curved to the south. “However, they [plaintiffs]
contend that the trail from their driveway to the Winkler property [now Hampton Hills
Country Club] was never established as a public road but as merely a part of the
private property.” 186 N.W.2d at 766-67. The Court found that the disputed portion
of Juneau Lane was established as a public road in 1955 before plaintiffs purchased
their property because it was used by was “the various occupants" of the country
club property and "any person desiring to visit such occupants or to do business with
them." Id. at 767.
I have enclosed a copy of the Affidavit of John Pillsbury. Mr. Pillsbury owned the
property subsequently developed into Woodhill Ridge from 1946 through 1988. Mr.
Pillsbury’s affidavit establishes that he knew of the existence of Woodhill Avenue
and knew that it was used openly by the public. He raised no objections to use by
the public. He intended for the road to be used as a public road up to the Woodhill
property line. He knew the road had been used as a public road to Woodhill before
he purchased his land in 1946. Further. Mr. Pillsbury’s correspondence which we
obtained from the City’s files on Woodhill Avenue confirms his intent to dedicate
Woodhill Avenue as a public road. In 1979 he wrote to the City complaining about
the trucks Mr. Wagener had parked on that portion of the road east of
Mr. Wagoner ’s driveway (i.e., the portion of the road that curved south of the platted
road). Mr. Pillsbury informed the City that it is the City’s responsibility to exercise its
"governmental function” to take care of trucks blocking a public roadway. Both the
City Manager and the City Police Chief agreed. The City Manager acknowledged
both the historical maintenance of Woodhill Avenue by the City of Orono and the
status of Woodhill Avenue as a public street. The Police Chief, at the request of the
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Letter to Clifford M. Greene, Esq
November 20, 1998
Page 5
City Manager, proceeded to have vehicles removed from the portion of Woodhill
Avenue between Mr. Wagener’s driveway and Woodhill Country Club. The record of
Mr. Pillsbury’s dedication of the road up to the Woodhill Country Club property line
could not be more clear.
Similarly, the evidence of acceptance of that dedication by public use is well known
to Orono and is established in the testimony of John Morrison and John Pillsbury’s
affidavit. Through the years that Mr. Pillsbury owned the property, Woodhill Avenue
was used on a regular basis by Woodhill members and their guests. It was used by
the those families that lived in the original farmhouse and the barn manager’s house
which were located near the western entrance next to Woodhill Avenue. It was used
by their guests. The road was used by service people making deliveries both to the
club and to the families living near the west entrance. For many decades, a ho-se
show was held annually at Woodhill to which the public was invited. The show was
publicly advertised by a billboard and was sponsored by the Minneapolis Junior
League. Woodhill Avenue was open to and used by horse show attendees.
Families who were not members of Woodhill but who rented boarding space for their
horses at the stables also used Woodhill Avenue. Similarly in the 1950’s and 1960’s
Woodhill teams participated in a youth hockey league. Members of the public
participating in those league games used Woodhill Avenue. Families that lived on
Woodhill Road, their guests and service people used Woodhill Avenue. We also
have evidence of numerous people who were not club members who simply used
Woodhill Avenue to cut-through to Woodhill Road and County Road 15. Both the
quant* *^ d ve . ty of use of Woodhill Avenue far exceeds the type of use normally
found V to constitute “public use” for purposes of dedication.
In addition to common-law dedication. Woodhill Avenue up to the Woodhill Country
Club property line is also a public road through statutory dedication pursuant to
Minn. Stat. § 160.05, subd. 1. "The requirements of the statute are met with the
showing of use by the public and maintenance at the expense of an appropriate
agency of government over a continuous period of at least six years." Town of Bell
Prairie v. Kliber. 448 N.W.2d 375 (Minn. App. 1985). For the reasons discussed
above, sufficient public use is present for statutory dedication. As for maintenance,
"it is not necessary ... that every part of tne road be worked at government expense
or that any particular part receive attention every year of the six year period,” Kliber.
supra at 379, but, ”[t]he maintenance must of a quality and character appropriate to
1074480'I
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Letter to Clifford M. Greene, Esq
November 20, 1998
Page 6
an already existing public road." As evidenced by the 1979 letter of the Chief of
Orono Police, Woodhill Avenue, including that portion of the road that dips south
east of the Wagener driveway, was policed by the Orono police. Both for decades
before and after the construction of the Wagener house in approximately 1958,
Woodhill Avenue was plowed through the winter. Decade after decade the gravel
road was maintained and graded. Aerial photographs from the 1940's to the present
demonstrate the uniform maintenance and surface treatment of the road up to
Woodhill's property line. Indeed, Orono ’s own “Official Zoning Map" as revised
through June 10, 1998, shows Woodhill Avenue extending to the Woodhill property
line. Thus, both maintenance by public authorities and public use establish Woodhill
Avenue as a public street up to the Woodhill property line.
It would be useful to determine what issues can be narrowed and what facts can be
stipulated to prior to embarking on numerous depositions. After you have had an
opportunity to review these cases, Mr. Pillsbury's affidavit, and the facts, we should
talk. I have begun to assemble various plats and surveys that we discussed so we
can come to an agreement on those documents.
I am enclosing a set of dated maps showing the parcel locations and assessment
numbers of the relevant parcels. I would appreciate it if the City would review these
and stipulate to their accuracy.
Sincerely.
LINDQUIST & VENNUM P.L.L.P.
\/\r-—
James P. McCarthy
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JPMcilms
enclosure
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8. Letter from James P. McCarthy
to Cliff Greene, dated January 26,
1999 with attachments
LINDQUIST & VENNUM p.l.l.p.
In D env 'ER
4200 IDS Center U ndouist . Vennum & ChRiStensen
80 Scxjtm Eighth Street pllp
Minneapou S. Minnesota 55402-2205 600 17th Street . Suite 2125
Telephone 612-371-3211 D enver . Coloracx ) 80202*5401
AnoHNEYS A t Lav.
James V. McCarthy
(612)371-3238
jmccarihy^t lindquist com
January 26.1999
Clifford M. Greene. Esq.
Greene Espel
333 South Seventh Street
Suite 1700
Minneapolis, Minnesota 55402
BY MESSENGER
Re: Woodhill Country Club v. City of Orono, et at.
Court File No. 98-10541
Dear Cliff;
In our recent discussions concerning the "public street" issue, I had asked you to focus
on the John Pillsbury correspondence in the summer of 1979 and the statements and
actions of the City of Orono in response. As I indicated, the “intent" of the landowner to
dedicate the street to public use is quite clear in Mr. Pillsbury’s letters. Further, the
"use" of the road by the public has been admitted by the City and is clear from Mr.
Pillsbury’s letters, the petitions and letters of neighbors and the recollection of
members, employees and area residents. Further, the City of Orono ’s "acceptance" of
that dedication (which I believe the law does not require separate and apart from use by
the public) is clearly shown by the City of Orono ’s response to Mr. Pillsbury’s concerns
about vehicles being located between Mr. Wagener ’s driveway and the entrance to the
Club.
As a backdrop to this discussion. I am again enclosing a copy of the 1987 survey of
Woodhill Avenue and have highlighted the location of the driveway to the
WagenerAA/ood house. I believe you had an opportunity recently to confirm in person
the location of this driveway. I visited the site last week and confirmed that no truck
could be parked east of the Wagener driveway without being outside of the 1887
platted right-of-way and on what the City of Orono has termed the "Pillsbury easement".
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Clifford M. Greene. Esq.
January 26, 1999
Page 2
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The July 30,1979 letter from John Pillsbury to John Morrison as president of the
Country Club (Bates # ORO 820-823) sets forth Mr. Pillsbury’s understanding that all of
Woodhill Avenue is a public road and his specific concerns that the road be considered
and treated as a public road wholly apart from any access to the Woodhill Country Club.
First. Mr. Pillsbury was very precise about his understanding of the location of Woodhill
Avenue. He stated that:
"Woodhill Avenue, extendfs]... to the westerly boundary
of the Woodhill Club property."
Mr. Pillsbury stated that the gate constructed in 1978 is "at the eastern extremity nf
Woodhill Avenue. That the eastern end of Woodhill Avenue was the property line of
the Woodhill property was fully understood by all parties at that time. Both the point
where Woodhill Avenue ended and the location of the Woodhill property line are
described in the letter of Charlie Bellows, president of Woodhill. to the attorney for Mr.
Wagener in a letter dated July 21. 1978 (Bates # ORO 809). Describing the gate that
was put up in 1978 in connection with the establishment of hours on the use of Woodhill
access. Mr. Bellows stated "the gate itself and the barrier are 8-10 feet East of
Woodhill ’s westernmost boundary line which also is at the point at which Woodhill
Avenue terminates." Similarly, the City of Orono officer that visited Woodhill Avenue in
July. 1978 stated that the "east end" of Woodhill Avenue was where "a metal gate had
been installed and was open at the time." (Bates # ORO 809). The record is clear that
up to 1979, Mr. Pillsbury. the City of Orono and Woodhill knew where Woodhill's line
was located and each clearly understood that the east end of Woodhill Avenue
extended to the Woodhill Country Club property line.
John Pillsbury was unequivocal as to his belief that this stretch of road up the Woodhill
property line was a public road. I have always understood that Woodhill Avenue is a
public road and know of my own knowledge that it has been used going back at least
prior to 1920 for access to the Woodhill Club property." Mr. Pillsbury identified several
reasons why he had a strong interest in maintaining Woodhill Avenue’s status as a
public street. First, the utilities for his property ran in Woodhill Avenue up to
approximately the Woodhill property line and then ran back to his house parallel to the
Woodhill property line. Mr. Pillsbury was concerned that any utility company trucks
must gain access over Woodhill Avenue to the eastern extremity of that street iust
short of the Woodhill gate." (Indeed the utility poles run along the side of Woodhill
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Clifford M. Greene, Esq.
January 26. 1999
Page 3
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Avenue and serve not only the Pillsbury property but also Woodhill. There is a
recorded 10 ft. utility easement running south from Woodhill Avenue along the Woodhill
property line to the Pillsbury house. There is no separate east-west utility easement
along Woodhill Avenue. The utility poles were placed in the public right-of-way up to
the Woodhill property line.] Second, Mr. Pillsbury was contemplating development of
his property and was concerned that Woodhill Avenue was a public road up to the
Woodhill property line.
Mr. Pillsbury cites that on two occasions. Sunday, July 29 and Monday, July 30, 1979,
he observed “two large commercial looking trucks ... parked on Woodhill Avenue so as
to totally block it." Mr. Pillsbury noted that the trucks were “immediately to the east of
Mr. Wegener’s driveway ." Both the survey map and a walk of the site establishes that
trucks could not be parked east of Mr. Wagoner’s driveway without being outside of the
1887 right-of-way and on what the City refers to as the “Pillsbury easement.” Mr.
Pillsbury emphasized that the location of the vehicles blocked public access to the
public street even though Woodhill ’s driveway was closed by a gate at the time:
“I also don't know whether these cars are parked there
merely for the convenience of Mr. Wagener and because he
assumes that with the Woodhill gate locked, no one wishes
to travel further east or whether he has positive permission
from the Village of Orono to park the vehicles there. I do
know that with the vehicles parked there it would be
impossible for utility trucks serving my utilities to reach the
point where they would enter my property."
Mr. Pillsbury noted that whether or not the Woodhill Club keeps the gate closed is a
matter of Club policy" with which he is not concerned. He was however, "very
concerned about his legal rights as a member of the public.” On July 31. he sent a
copy of his July 30 letter to Mr. Morrison to the Village of Orono and asked for "an
acknowledgment of this letter" and assurance that "no action in respect to Woodhill
Avenue which might affect the public rights to the road" will be taken without notification
to him. (Bates # ORO 819) On August 14. 1979. Mr. Pillsbury again wrote the Village
of Orono describing the fact that he found "Woodhill Avenue east of Mr. Wagoner's
driveway completely bio~ked by two large trucks which apparently belong to him.”
(Bates # ORO 815) Mr, Pillsbury told the City that "if a public road is blocked, I do not
think that a member of the public, and particularly an owner of abutting land, should
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Clifford M. Greene. Esq.
January 26.1999
Page 4
have to ask an individual who is blocking the road to unblock it.."If an individual is
allowed to control this, he is in effect being permitted to take a governmental function
into his own hands. It seems to me that any such request should be directed to the
governmental authority which in this case is the Village of Orono. i therefore
respectfully request you to inform Mr. Waaener that he cannot block this road .. "
As you know, the City of Orono responded to these three letters from Mr. Pillsbury.
They responded by writing to him stating that the Woodhill Avenue was a public street
and by the police chief informing Mr. Wagener that the trucks had to be removed.
Contrary to the position now taken in its response to the Request for Admissions, the
City did not inform Mr. Pillsbury that Woodhill was a public street up to Mr. Wagoner's
driveway, but a private road on Mr. Pillsbury’s property east of Mr. Wagoner's driveway.
There was no suggestion from the police department that removal of the trucks fell
outside of its jurisdiction.
I think that these facts call for the City to re-evaluate its denial of request for admission
No. 8. The City’s explanation for its denial states that:
“the unpaved gravel road was not intended to be dedicated
as a public road, and the unpaved road was treated by
Woodhill Country Club as part of its private property."
This response is incorrect as to Mr. Pillsbury's intent, irrelevant as to Woodhill’s intent,
and vague in its references to "unpaved gravel road." I believe that the statements of
Mr. Pillsbury not only in his 1998 affidavit but in his 1979 correspondence with Woodhill
and the City of Orono clearly establish his intention with respect to the status of
Woodhill Avenue as a public road The City’s response suggests that it was the intent
of Woodhill rather than the intent of Mr. Pillsbury which is determinative of common law
dedication of the road over Mr. Pilisbury's property. Since Mr. Pillsbury was the
underlying fee owner, it was his intent to dedicate the road that is the relevant evidence
on this issue. Finally, the reference in the City’s response to "unpaved gravel road" is
confusing. Mr. Pillsbury owned the property from 1946 through 1988. For most of that
time, the entire road from Orono Orchard Road to the Woodhill line had only gravel
paving. It appears that at some point a coating was placed on the road past the
Fox/WagenerA/Vood driveway and past the 1887 platted right-of-way. See Request for
Admission Exhibits 15 and 16 (attached). In particular Exhibit 16 shows “existing
bituminous" extending beyond the 1887 right-of-way. After Mr. Pillsbury sold his
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Clifford M. Greene, Esq.
January 26, 1999
Page 5
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property, new bituminous paving was done in 1988 and extended up to approximately
50-60 feet from the Woodhill line.
As to the second element for common law dedication, "acceptanre ” of the dedication
may be shown either by public use or by governmental maintenance. The City has
admitted that prior to 1968 use was made of Woodhill Avenue by the public and that
this public use extended up to the Woodhill property line. However, both in the
response to request for admission and In our discussions, the City has suggested that
the law requires not just “public use" but some other step by the City in order for there
to be "acceptance" of a common law dedication. “Acceptance of a dedication by the
public may b( shown by public user , as by travel, or by acts of public officers in
improving and maintaining the road." Daugherty v. Sowers . 68 N.W.2d 866, 868 (Minn.
1955). The Court has repeatedly recognized that “common user bv the public is the
y^ery highest kind of evidence of public acceptance of a dedication." Benqtson v.
Village of Marine on St. Croix. 246 N.W.2d 582, 584 (1976). I have found no cases
which have suggested that the “acceptance ” element of common law dedication
requires both public user and maintenance by a governmental body.
The final paragraph of the City’s response discusses the platting of the right-of-way in
1988. The platting of the right-of-way in 1988 is not really responsive to the request
which only asked about existence of a public street prior to 1968. Request No. 8 does
not ask the City to take a position on any event or occurrence after 1968 or on the
status of the road after 1968.
I think that for each of the reasons set forth above, the evidence is uncontroverted that
Woodhill Avenue up to the Woodhill Country Club property line was a public street by
common law dedication prior to 1968. Mr. Pillsbury knew his boundary lines, knew the
location of the road and intended that all of it be dedicated to public use. It was, in fact,
used by the public - the highest form of evidence of public acceptance. In addition, the
area of Woodhill Avenue east of Maurice Wagener ’s driveway was accepted as a public
road by the City officials in 1979 and actively policed as evidenced by the police chiefs
letter to Mr. Wagener and the official removal of the trucks.
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Clifford M. Greene. Esq.
January 26. 1999
Page 6
I hope that this additional information and analysis will assist you in a speedy
determination on this issue. It will cut down on the expense of trial preparation of both
sides if this issue can be resolved as soon as possible.
Sincerely,
LIND □UlST & VENNUM p.l.l.p
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James P. McCarthy
JPMcilms
cc: Ned Dayton
Edge Jackson
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PRIVATE DRIVEWAY
PC.oPot>e.D C-NAP
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PROJECT DATA
ROSS AREA 17.52’ ACRES
NUMBER OF LOTS 5
All/of i4>i n.
•ilrvA^soLA. “
Au1tU>r*« SuhdlviBicyi 3C?. Ii«v»^pin Corrly.
t/jtt :nr* dPAcrltwl mi folIrM*; fWfinrtrv^ aI Ih# »ri«l
r*»rLf.»-»trr4 » of said l^l 13 JwtufA nom^r It «I m> iPe
• «.r t r.«>*kjitrr. 7 imitTwr r.f Lot 1 of Mild Ai*Jllor*t SmI iII vi»|nnl;
|jv»i u»« North )lr»« of tmrl l/»l 13, • di«tAnrfi of Ji
frt-i. Ihrnc-* South 1ST.75 ft«i: thtnr* Wrti 25 fr«l. ■orr of l»t«.
to th« «AAl Jine of tAld Lot I of told Ai*3iU)r’t SutsSlviaion.
»hrnro MTrt^ tior^ told tttl line 157,75 fr«t, w^rr or Irta, lo
•/.« jr>»nt of U'tirjilhd, til tooordlrvl t/j the rrcor\l»yJ plat
t/llTT^lf .
All of i/>i 12.
Nirviraoto.
ALAiltor*t Sul*3lvitlon Muaber 307, llchiiepin C<Ktiir.
Ijiiypl • iriMittler tract of 1m»1 In told Lot I2» detcribtd to
f.illcwv r>fkrvoir\t el t point In tht dtvldlnf line bel*«*«n Lott 3
Mki 12 in aeid Auditor's Subdlvitlon I^Jtber 307, Uilch point It
I feet northerly frot IKt northattterly oomer of lot 4 in told
*lulAJlvi8lcwi. thence Northerly alnnd t7»e dividing het*t»en
afnrratid lott 3 and 12, * dialAnct of 7S.9 feet to tn tnila point
in atid divldind line; thence tt t right angle eaaterly along the
dividing I lee between aald Lott 3 and 12, a ditttnoe of 57 f^^t to
tnoihrr angl<* point In aald dividing line; thenra .Vajth««tterly In
airtight line 97.3 feet, aora of leee, to the point of
r^glnnlng.
,l.n ..»pl Ml tart of Mid tot i:. "« •"“‘'“■'••l' of Oi.
fol lowing Ocacritnl line;
rrenencing at a Jitllclal Laivtert on the aoilherly teralnua of •«
vaeterly lir« of aald Lot II. aho»e» aa baing 5B0.60 feet in langih
aald Aiflilor'a SwUllvialan plat; thence on an aaa»jeMl baaring
North 0 drgreea 34 alnutaa 29 aaoenda Waat along aaid eaaterly
lira- to a Julioial teretaMTii on lha northerly tar^nut of aald
eaaterly line, tharvaa South 39 dagrrea 48 einutea 42 aeoonda Neel*
a diatance of 330.88 feet; thenca aouth 77 degrre* 04 elnutre 0'
a«c<y«la veal, a lilatancc of 833,63 feet to the reeierly line ®*
6, "Aialitor'a SubJUlalon Itaber 307, Hennepin Co^lf*
Ninnraota ; ihrnre North 0 degrect 08 alnutea 54 eeoonda
M-*).* t«»ierJy line, a dlatance of 115.52 feet to ^
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9. 1968 Conditional Use Permit
Application and Permit
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’T-VHIsge of Orono
Mim USE PERMfT
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For Non*Co&forBlog Uso
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Case No.
VI LUGE OF ORONO
Crystal Bay, Minnesota
(Complete in Duplicate)
applications for conditional use permits
Type of Application_M^^p^„f^^_|^^ innate S-71-6B
Owner of Property: n..w Phone No. 473-6031
Tony Kallas Address POO Sherelina Drive ~
Applicant (other than owner); Name
Address
Phone No.
Engineer: Name_ _
Lend Planner: Name
Subdividar; Name
Relationship to Owner
Location (How do we find it?)
Phone No.
Phone No.
Phone No.
Legal Description; L«t ? rt iit Plat 413027Parcel 3B02 '
Date Acquired^^aj^_ _ _ _^Area (sq. ft.) ISO Ac Separate Ownership
Single Ownership_j
Date of last division of this property
Do you own any adjoining property? ———————
Action Requested_]jfln.confQrmln> U«T~Parmlt far ,oif
Inspection Dept: ^
'v.^dministrator:
Village Council:
Village Engineer:
Signature of Applicant
RECORD OF ACTION TAKEN
Action
village Engineer: ^ yp
\Village Attorney; TT
Manning Commission: u n .
V,vi:i.ge Council: R«»r^or
Permit Issued: Date ttP 1 3 668 - - - - - OR0126
"Coxidition of Non-Conforming Use:
Approximately 150 acros in Orono, Club house and various accessory
buildings for entertainment. Private club.»
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VILI.ACE OF ORONO
QUESTIONAIRE FOR EXISTING NON-CONFORMIKG CONDITIONAL USE PERMIT APPLICATION
1) Name of businesj and owner_ _ _ _ _
ejL^
«ii<iress of propertir where buiiness is conducted
Z)
3) Date business began
STATUS OF BUSINESS fN MARCH 11, 1§S7
was th^ nature cf your business on this date^
.7^U-OVlA-^Vt-*.zs/c.
■2)riow aany buildings of what type and site, and location were used for
your business on this date "7—
How much and what kind of equipment used for business on this date
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STATUS OF BUSINESS ON FURCH 10. 1967
What was the nature of your business on this date
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How many buildings of what type aUe .oh ,
business on this date j; ^
—-- - - - - - - - - - - - - -- - - --
»l»ch n. 1,S7 “t«e^SIt^I„‘d"ia^'’'”"
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10. Minutes of Orono City Council,
dated September 9,1968
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05 22 -9*» FRI 13:44 FAX 6123441366
tin UKUNU e o ic*tr iw)ULKERS0N GILLIUNR
I Regular ^ |tln|^o
VILIAGE OP ORONO
ting of the Village Council*
The Village Council met on the above date
with the following membere present: MayorBi -Ross, Councllmen Butterfield* Franzel*
Searles, and Stubbs.
Sesrles moved, Stubbs seconded, that the
Minutes of the Regular Meeting of August 26,
196B* be approved. Motion* Ayes (S) -
Nays (0).
The following appeared: K. Andrus
concerning Review Publications. V. Bi
Sdwards concerning Pure Oil Building
Permit. R. Dunn concerning variance.
Butterfield moved, Stubbs seconded, that
an amendment to the Non'Conforming Use
Permit Section of the Village Code
setting application date at November 1*
1968* be approved. Roll Call* Ayes (2)
Nays (3). (Franiel, Scarles, and Mayor
Ross voting Nay).
Searles moved Franzel seconded, that the
Conditional Use Permits for Non-Conforming
UseSj Administrative nemo of September S*
1968 as excepted, be approved. Roll Call.
Ayes (3) - Nays (2). (Butterfield and
Stubbs voting Nay),
Searles moved* Stubbs seconded, that a
Public Hearing, October 14, 1968, at
7:30 P.M., CDT, concerning the renaming
of certains streets that extend into the
Village o£ Medina, be ordered. Motion,
Ayes (S) • Nays (0).
Frantel moved, Searles seconded, that the
request of H, Johnson for a Registered Land Survey including a cul«de*$BC at loss
Concordia Street* be approved. Motion,
Ayes (S) - Nays (0).
• I • “|W IJ- 9 mm
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7.*S0 P. M.
MINUTES
AMENDMENT
NON-CONFORMING USE
ORDINANCE
CONDITIONAL
NON-CONFORMING USE
PERMITS
PUBLIC HBARING
Renaming of Streets
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... a
REGISTERED LAND SURVEY
1635 Concordia Street
OR0498
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11. Excerpts of Deposition
Testimony of Robert Searles
EXCERPT OF DEPOSITION TESTIMONY OF
ROBERT SEARLES
Question: “As you looked at this hand-drawn portion of the Application in
1968, what was your understanding then as to what the
drawing of the driveway off to the left of the page indicated?"
Answer (by Mr. Searles): “Well, it was just the driveway within Woodhill
property that attaches to Woodhill Avenue
and that was obvious to all of us. It wasn’t
even a subject of discussion."
Question: "When you moved to approve the permit for Woodhill Country
Club, was it your intent to change, In any way, the access to
Woodhill Avenue?”
Answer: “No, there was no intent to change the Woodhill Country Club,
the use of Its property or its accesses, and this is a specific
memory.”
Question: “Can you describe for me, when you say the word “Woodhill
Country Club’s access" as to what you mean?
Answer: “Well, I mean the access to 15 and the access to Woodhill
Avenue. Those are the two accesses.”
Question: “Would it be accurate to state that in the permit that you moved
approval of, there is no limitation on Woodhill’s use of -
Woodhill Country Club’s use of Woodhill Avenue?”
Answer: “There were no limitations.”
Question: "In connection with the permits that you moved approval of, did
you understand that Woodhill Country Club would have to seek
City approval to either raise or lower a chain across either of its
driveways?”
Answer: “No, there is no such -1 have no recollection of any such view
by the City of Orono (See Searles deposition at pages 57-59).
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STATE OF MINNESOTA DISTRICT COURT
COUNTY OF HENNEPFN FOURTH JUDICIAL DISTRICT
Court File No.: MC 98-10341
WOODHIEL COUNTRY CLUB.
PlaimilT.
V».
CITY OF ORONO.
Defendamt.
DEPOSITION OF ROBERT SEARLES
Couniel for Plaintiff:
MR. JAMES Mc C arthy (via phone)
Lindquist St Vennum, P.L.L.P
Attorneys at Law
4200 IDS Center
Minneapolis. Minnesota 33402
Counsel for Defendants:
MR. CLIFF GREENE (via phone)
Greene Espel
Attorneys at Law
333 South 7th Street. Suite 1700
Minneapolis. Minnesota 33402
Mary Jo Armour McGill. RPR
February 17. 1999
1 STATE OF MINNESOTA DISTRICT COURT
COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT
2 Court File No.: MC 98-10341
4 WOODIIILL COUNTRY CLUB.
Plaintiff.
6 vs
7 CITY OF ORONO.
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Defendants.
DEPOSITION OP ROBERT SEARLES
PURSUANT TO NOTICE for the taking of the
deposition of ROBERT SEARLES. upon oral examination
in the above-styled cause, at the instance of the
Plaintiff, for the purposes of discovery or use at
trial or both, pursuant to Minnesota Rules of Civil
Procedure, proceedings therefor were held before
Mary Jo Armour McGill. Registered Professional
Reporter and Notary Public in and for the State of
Florida at large, at Seaboard OfTice Park.
3 12 East Venice Avenue. Venice. Florida, on
February 17. 1999. commencing at 10:43 a.m
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INDEX
WITNESS PAGE
Called by the Pt.inlifT;
ROBERT SEARLES
DIRECT EXAMINATION BY MR. MCCARTHY................ 12
CROSS EXAMINATION BY MR. GREENE.................... 64
REDIRECT EXAMINATION BY MR. MCCARTHY............. 96
SIGNATURE PAGE.......................................... 108
CERTIFICATE OF REPORTER OATH...................... 108
REPORTER'S DEPOSITION CERTIFICATE................ I lO
EXHIBITS
Eichibil Noi. I42throu8h 132 ........................ 4
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SARASOTA, FLORIDA (941) 934-0020
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THEREUPON, the following prcTceedings were
had and taken:
(Exhibit Nos. 142 through 152 were marked
for identification.)
ROBERT SEARLES. called as a witness bv the
Plaintiff, having been first duly sworn, testified
as follows:
MR. Mc C arthy : This is a deposition being
taken in the case of Woodhill Country Club
versus the City of Orono, et al., in an action
pending in Hennepin County District Court.
I am James McCarthy. I represent the
plaintiff. Woodhill Country Club. We are
taking the deposition of Robert Searles. The
deposition is being taken by telephone.
I and Mr. Green, counsel for the
defendants, are in Minneapolis. We are on
telephone to Florida, I believe in Venice,
Florida.
Mr. Searles is appearing before a Florida
court reporter in Florida, and has been sworn
in by the court reporter in Florida. They are
on a speaker phone in a conference room
located in Venice. 1 believe it's Venice
Florida, is that correct?
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A. Robert L. Searles, 535 Harrington Road,
Wayzata, Minnesota.
Q. Mr. Searles, do I understand that you are
a former mayor of the City of Orono and former city
council member of the City of Orono?
A. That's right.
Q. And that you have been involved over the
years in the grain business in the twin cities, is
that correct?
A. That's correct.
0. And that you have been a member of tha
Woodhill Country Club since shortly after World
War II?
A. That's correct.
Q. And that you were an Orono resident for 32
years, approximately?
A. Exactly right, yes.
Q. Could you, for the Court, Just go back and
first of all give me a brief background of your
education and employment?.
A. Well, I went to --1 was living in Leone,
New Jersey growing up. I went to the Englewood
School for Boys in Englewood, New jersey. 1
graduated in 1936. 1 went to Princeton University,
graduated in 1940. And that completes my
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Grain Traders Association?
A. That's right, yes.
Q. Is that the line of -
In terms of your business activities, did
you stay in that line of business until retirement?
A. That's t'’ue. yes.
Q. And approximately when did you either
retire or begin to scale back your business?
A. Well. I began to -- you used the right
term. 1 began to scale back when 1 was elected
into the legislature in 1976. \nd I found that I
couldn't fulfill both jobs at the same time, so 1
had to concentrate on being in the state capital.
Q. Now, after World War li when you moved to
Minnesota, where did you move to?
A. I lived in a property that is half in
Wayzata and half in Orono, known as Summit Park
Farm, and we lived over the garage there.
And we lived there off and on for about
four years. Part of the time Cargill moved us to
New York for a year and back again.
In 1950, or in *51, we decided to build
our own home, which we did in Orono, at 575 North
Femdale. And we built a home there and lived
there for 32 years.
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education, although I've tried to learn something
in the meantime.
Q. I take it you then - after 1940 --
A. I was in the Navy for five years.
Q. Served in the Navy for five years?
A. That's right.
Q. And then after your service in the Navy
during World War II, did you then move to
Minnesota?
A. I did. I got a job with Cargill and
worked with them as a trainee, and went into
12 business - that's in 1946. I went into business
13 for myself in 1950.
14 Q. And what was the nature of your business?
15 A. 1 was a futures broker and trader on the
16 Minneapolis Grain-
17 Q. At the Minneapolis Grain Exchange?
18 A. - Exchange. That's right.
19 I was on that board, and I was president
20 of the exchange at one time. And on the National
21 Grain Trade Council, I was on that board and was
22 president of that, too.
23 Q. And so your business career centered
24 around the grain trade and your positions with both
25 the Minneapolis Grain Exchange and the National
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Q. And I take it during that entire time you ■*
were married?
A. Thai's right, yes. Four children.
Q. And during that same period of time, did
you become a member of the Woodhill Country Club?
A. Yes. This is a family thing. My wife’s
family were members, so 1 just sort of backed in as
the husband of a member.
Q. So from the time you moved here after the
war until today, you have remained an active member
of the club?
A. That’s right.
Q. And sometime in the 1980s, I take it you
14 sold your home in Orono?
15 A. That's right, in 1983. And as we built
1 6 this - built another home in Wayzata and moved
17 into that in mid 1984, and we've lived there since
18 then.
19 Q. I would now like you to walk me through
20 your involvement with any groups, city government
21 in Orono, beginning with your first involvement,
22 which I believe you indicated prior to the
?3 deposition was a stint with the Orono Planning
24 Commission, is that correct?
25 A. That's true. Orono was incorporated in
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1 the mid'50s. I think it was '54. And at that
2 point I was asked to serve on the planning
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♦ And then in the mid '60s I ran for the
5 council and was a member of the council. And in
5 the early '70s I retired from the council, went
7 back on the planning commission for a couple of
J years, and then ran for mayor. I was mayor from
7 '73 to '76.
0 In '76 I ran for the House of
1 Representatives, was elected, and was there for six
12 years.
13 Q. And that was the Mi.nnesota House of
14 Representatives?
15 A. That's correct.
16 Q. And wa.s Orono a portion of the district
17 that you represented?
18 A. Yes, 42B at that time.
19 Q. So you were on the - I take it back then
20 it was probably a village, the Village of Orono
21 Planning Commission in 1 950 or the early '50s?
22 A. No, it'd become -- when the planning
23 commission was set up, it was set up because of
24 incorporation.
25 Q. I sec.
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1 Orono from 1 973 to 1 976?
2 A. That's right.
3 Q. And you stepped down after six years in
4 the legislature. That would be about 1982. is that
5 right?
5 A. That's right. I ser\'cd through 1982. and
7 at the end of'82 I stepped down.
S Q. Have you held any other governmental
9 elected or appointed positions?
10 A. Yes. In the '60s, about 1967 the Lake
11 Minnetonka Conservation District was created by the
12 legislature.
13 I went on that representing Orono. and
14 Orono being the largest shoreline on
15 Lake Minnetonka. And 1 was on that board for
!6 several years. I was chairmaii of it in the early
17 '70s for abou; three years. And that would be
18 relevant. 1 suppose, to anything you were
1 9 discussing here today.
20 COURT REPORTER: Excuse me. Counselor.
21 MR. Mc C arthy : Yes.
22 COURT REPORTER: Was there an objection to
23 that question?
24 MR. Mc C arthy : N o.
25 COURT REPORTER: Okay. 1 thought 1 had
SCLAFANI WILLIAMS COURT REPORTERS, INC.
SARASOTA, FLORIDA (941) 954-0020
1 And you served on that commission in the
2 '50s and '60s?
3 A. That's right.
4 Q. And then do you recall approximately when
5 it was that you were elected to the City Council of
6 Orono?
7 A. Oh, it's in the mid'60s. I'm sorry 1
8 don't have those records right here, but it's the
9 mid '60s.
10 Q. Then you indicated you served on the
11 council, and I take it you served several terms, at
12 least?
13 A. That's right.
14 Q. And then you, in the 1 970s, you retired
15 from the city council?
16 A. For two years. 1 we... back on the
17 planning commission. 1 elected to do this. Idid
18 it. and then I elected to run for mayor.
19 Q. So if you were mayor from '73 to '76, it
20 was about '71 when you stepped down from the city
21 council and went back on the planning commission?
22 A. Yeah. And I'm sorry about not having
23 those records with me here.
24 Q. That's no problem. 1 understand.
25 And then you were mayor of the City of
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heard something, but I wasn ’t sure. Thank
! you.
MR. Mc C arthy : AII right. Feel free to
ask at any time.
MR. GREENE: Let me just remind you of my
' voire here, so you can associate it with any
potential objections. But I did not say
anything.
Can you hear me okay?
) COURT REPORTER: Yes, sir.
I MR. GREENE: Okay.
12 BY MR. Mc C arthy :
13 Q. In connection with your being on the
1 4 planning commission and city council and being the
1 5 mayor from the mid '50s through 1976, were you,
1 6 during that period of time, familiar with the
1 7 zoning and building requirements in the Village of
18 or City of Orono?
19 A. Yes, relatively so. I was familiar with
20 them.
21 Q. And 1 take it that you participated in the
22 codification of the Orono zoning code which
23 occurred in 1967, is that correct?
24 A. That's correct.
25 Q. And you were familiar with the zoning
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1 requirements and zoning areas under the 1967
2 codification that came into effect in 1968?
3 A. Correct.
4 Q. I would now like to turn to some of the
5 exhibits. So if the Court Reporter would make
6 available for your review some of the exhibits, and
7 I'll ask several preliminary questions.
8 First of ail, during the period of time
9 that you were, say, from World War II through 1967,
10 during that period of time, did you become familiar
11 with the roads and geography around the City of
12 Orono?
13 A. Well, yes. 1 wouldn't say 1 knew every
14 one very well, but 1 became familiar with the City
15 of Orono, yes.
16 Q. And you became familiar enough in
17 connection with that to recognize the different
18 areas that were zoned in the '67, '68 codification?
19 A. Yes. As a matter of fact. I was a
20 participant in the selections of zones.
21 Q. In -
22 A. That doesn’t mean -- excuse me for adding.
23 That doesn't mean I have a specific, accurate
24 recognition of all the zone lines at this time.
25 Q. No. 1 understand there has been 30 some
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SARASOTA, FLORIDA (941) 954-0020
1 years that have passed since then.
2 A. Exactly.
3 Q. But at that time you, 1 take it, were
4 involved in determining which districts to have and
5 the location of those districts?
6 A. Exactly.
7 Q. And during that time, were you also
8 familiar with Woodhill Country Club and its
9 property?
10 A. Yes, 1 was.
11 Q. And is that something that, as a member,
12 you used on a regular basis?
13 A. Fairly regular basis, yes.
14 Q. I would like to have you take a look at
15 Exhibit 142. It is an aerial photograph of a photo
16 taken in August 1945 by Markhurd >• that's one
17 word. M-a-r-k-h-u-r-d - aerial photographers.
18 MR. GREENE: This is Mr. Greene. Let me
19 just correct what may have just been simply a
20 misspeaking.
21 This is not a photograph of an aerial
22 photograph. It is a xerox copy of an aerial
23 photograph. Is that correct?
24 MR. Mc C arthy : That's correct.
25 COURT REPORTER: Counselor?
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1 MR. MCCARTHY: Yes.
2 COURT REPORTER: If you could refer us to
3 the tab number, that might help. Is it tab 1 ?
4 BY MR. Mc C arthy :
5 Q. Exhibit 142 appears at tab I ••
6 A. 1.
7 Q. - the materials sem down for
8 Mr. Searles' depo.
9 A. Yes. And 1 have the folder you sent me.
10 and 1 have identified it.
1 1 Q. All right. And I understand that because
12 it is a xerox and not a photograph, the quality of
13 the image is not as good as a photograph?
14 A. Exactly.
1 5 Q. Taking a look at Exhibit 142. can you
16 identify Orono Orchard Road on this photograph?
17 A. Oh, yes. Orono Orchard Road makes almost
18 a 90 degree turn right where Woodhill Avenue joins
19 it.
20 Q. So that we orient ourselves the same way,
21 is Orono Orchard Road on the right side of your -
22 as you are looking at the photo?
23 A. Well, it's on the left side as I'm looking
24 at it, because I'm holding the north -
25 Q. All right. So looking at Exhibit 142 with
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1 Orono Orchard Road on the left side —
2 A. Right, that's --
3 Q. - on the left would be west, is that
4 correct?
5 A. That’s right. And north is the upper end
6 here.
7 Q. North is the upper end?
8 A. Right.
9 Q. All right. And can you identify
1 0 Woodhill Avenue in this photograph?
1 1 A. Yes. it’s very clearly delineated in this
1 2 picture.
1 3 Q. And if you could just give a verbal
14 description.
15 A. Well, it's - it looks, from this
16 photograph, it looks paved and ~
17 Well, it looks -
18 1 don't know if it's paved or not, but it
19 looks maintained.
20 Q. Is it in the center of the photograph on
21 the-
22 A. Yes, it's in the center of the photograph,
23 yes.
24 Q. And you had occasion, or did you have
25 occasion between 1946 and 1951 to travel Orono
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Q. ~ that has a star next to it. and the
title says, conditional non-conforming use permits.
Do you see that?
A. Uh-huh. I'm following you.
Q. And it says, Searles moved, Franzel
seconded, that the conditional use permits for
non-conforming uses, administrative memo of
September 5, 1968 as accepted, be approved.
Do you see that?
A. I do, I see that.
Q. And that motion would have been your
motion to approve the conditional use permit for
Woodhill Country Club, is that -
A. That's right, yes.
Q. And you did, in fact, move in favor of it
and voted in favor of it?
A. That's right.
Q. I would like you to turn to tab II, and
that is Exhibit 148.
A. All right. Here we are. I’ve got it.
Q. This is a document that is the application
and permit for Woodhill Country Club as a
conditional use for a golf course. And it consists
of four pages here with Bate's numbers 0R0126
through ORO130. Those are the stamped numbers on
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Q. Now, could you take a look at the last
page of this application?
A. I'm looking at it.
Q, It is a hand-drawn sheet with a Bate's
number of 130, is that correct?
A. Right.
Q. And it has the date at the bottom of
May 31, 1968?
A. Exactly, yes.
Q. And I would like for you to describe to me
what you understood about this drawing as it
relates to driveways and road access.
MR. GREENE: I am going to object on the
grounds of lack of foundation and ambiguity.
I have no problem, if you want to ask the
witness how he interprets this in 1999. But I
don't think a foundation has been laid
regarding what he remembers, if anything, of
his interpretation of this back in 1968.
So I would object to the form of the
question and object on the grounds of lack of
foundation.
MR. Mc C arthy : you can go ahead and
answer, Mr. Searles.
A. All right. Although this is conceptual
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the bottom of the page.
A. Right.
Q. And the application is dated May 31,
1968 -
A. Uh-huh.
Q. — is that correct?
A. Yeah. I'm looking for the date.
Q. On the front --
A. Yes, May 31, '68, correct.
Q. On the third page of the exhibit, it is
again dated in handwriting. May 31, 1968?
A, Exactly, right.
Q, And the fourth page of the exhibit, the
14 one that has page 129 on the bottom, is signed by
15 Tony Kallas?
16 A. Right.
17 Q. Was Mr. Kallas the manager of Woodhill
18 Country Club at the time?
19 A. Yes, that's correct.
20 Q. And you knew Mr. Kallas at the time?
21 A. Yes, 1 “ I've known all. yes.
Q. And he would have been available to answer
23 any questions that you had regarding this
24 application?
25 A. Yes. that's true.
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and not accurate, it does describe the access,
showing a main entrance off 15, going up and
circling the clubhouse and tennis court.*;, ard also,
the road branching off and going out and attaching
to Woodhill Avenue.
And it appears to me that in drawing it,
he put two distinct lines at the end of this as it
goes off, which indicates that's where it goes into
a city street.
Q, Mr. Searles, in 1968, would it have been
your practice to review the application for
12 Woodhill Country Club for a property of this size
13 in moving for a permit?
14 A. There was such a - at that time, there
15 was such a consistency of thought that the
16 continuance of Woodhill and what it has been doing
17 in decades before should be approved, that there
18 wasn't a lot of debate. There wasn't any debate
19 about it. There was general approval.
MR. GREENE: Excuse me. Could the
Court Reporter read back the question to which
that response was posed?
(The question was read by the Reporter.)
MR. GREENE: I need to put an objection on
the record that Mr. Searles' answer did not
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1 respond to the question as asked, so I was not
2 able to anticipate an objection. I move to
3 strike that answer as nonrcsponsive.
4 BY MR. Mc C arthy :
5 Q. Mr. Searles?
6 A. Do you want me to explain my answer?
7 Q. Mr. Searles, let me ask some questions
8 here.
9 A. Okay. Go ahead.
10 Q. The Woodhill Country Club in 1968
11 constituted a property in excess of 150 acres, is
12 that right?
13 A. Yes.
14 Q. And in moving for its conditional use
15 permit, would it have been your practice as a
16 council member to review its application?
17 A. Yes. And I believe it was reviewed in a
18 conceptual manner at that time. And this is my
19 recollection of it.
20 Q. And 1 want to ask you. as you looked at
21 this photograph •• not photograph.
2 As you looked at this hand-drawn portion
23 of the application in 1968, what was your
24 understanding then as to what the drawing of the
25 driveway off to the left of the page indicated?
SCLAFANI WILLIAMS COURT REPORTERS, INC,
SARASOTA, FLORIDA (941) 954-0020
1 conditional use permit for Woodhill Country Club to
2 function as golf course and country club, you then
3 continued to serve on the council until *71, and
4 then on the planning commission from 71 to 73,
5 and mayor from 73 to 76. is that right?
6 A. That’s correct.
7 Q. Did you. when you were on the council or
8 when you served as mayor or when you were on the
9 planning commission, ever suggest that Woodhill
10 Country Club needed an amendment to its conditional
11 use permit to either discontinue use of
12 Woodhill Avenue access or to open use of the road
13 to Woodhill Avenue access?
14 A. 1 have no recollection of the subject ever
15 having come up.
16 Q. Was it your -
17 In connection with the permits that you
18 moved approval of, did you understand that the
19 Woodhill Country Club would have to seek City
20 approval to either raise or lower a chain across
21 cither of its driveways?
22 MR. GREENE: Objection, calls for
23 speculation, lack of foundation.
24 A. No, there's no such - I have no
25 recollection of any such view by the City of Orono.
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A. Well, it was just the driveway within the
Woodhill property that attaches to Woodhill Avenue,
and that was obvious to all of us. It wasn't even
a subject of discussion.
Q. When you moved to approve the permit for
Woodhill Country Club, was it your intent to change
in any way the access to Woodhill Avenue?
MR. GREENE: Objection, lack of
foundation, legislative intent.
A. No, there was no intent to change the
Woodhill Country Club, the use of its property or
its accesses. And this is a specific memory.
13 BY MR. Mc C arthy :
14 Q. Can you describe for me, when you say the
15 word "Woodhill Country Club's access." as what you
16 mean?
17 A. Well, I mean the access to 15 and the
18 access to Woodhill Avenue. Those are the two
19 accesses.
*20 Q. Would it be accurate to state that in the
21 permit that you moved approval of, there is no
22 limitation on Woodhill's use of - Woodhill Countiy
23 Club's use of Woodhill Avenue?
24 A. There were no limitations.
25 Q. Now, following the approval of the
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SARASOTA, FLORIDA (941) 954-0020
BY MR. Mc C arthy :
Q. Did the City of Orono ever tell Woodhill
Countr>- Club, during the period that you were
involved in the city government, that it had to use
either one of the driveways a certain number of
times per year or decade in order to continue to
use the road?
A. I don't have any recollection of such a
communication.
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10 Q. Did you ever tell that —
11 Are you aware of ever having told that to
12 any property owner in the City of Orono during your
13 years in city government?
14 A. 1 don't have any recollection of such an
15 action.
16 Q. After you left city government in the late
17 1970s-
18 In this lawsuit we have had various
19 witnesses and looked at various documents, which 1
20 think I could fairly summarize as some complaints
21 from Mr. Wagoner, who owned property next to
22 Woodhill, about use of Woodhill Avenue in the 1978
23 to 1980 time period.
24 And my question is: Were you personally
25 involved in any of those discussions?
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12. Notice of Hearing on Proposed
Assessment to Woodhill Country
Club, PID NO. 02-117-23-12-0001
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>c> . iCITY‘S
- ; “ ■ ' _______• • ’4
; “OF '■
aRONOr
CITYofORONO
Post Office Box 66«CryiUl Bay. MinnesoU S5323 • Municipal Offices
On the North Shore of Lake Minnetonka
02-117-23-12-0001
Woodhill Country Club
200 Woodhill Road
Wayzata, MN 55391
Attention: Mr. Mark Albrecht
NOTICE OF HEARING ON PROPOSED ASSESSMENT
TO WHOM IT MAT CONCERN:
•7 nn Notice is hereby given that the Council will meet at
O" Monday, August 28, 1989, at the Council Chambers of
the City of Orono, 1275 Brown Road South, to pass upon the
assessment for the Woodhill Avenue Street Imoriveraent.
Tne following is the area proposed to be assessed:
Property abutting Woodhill Avenue and Lots 1
through 5 Woodhill Ridge in the north 1/2 of
Section 2, Township 117, Range 23 West, Hennepin
County, Minnesota.
The amount to be specially assessed against your particular lot,
piece, or parcel of land is $ 9,464.70 ^ You may at
anytime prior to certification of the assessment to the county
auoitor,^ pay the entire assessment of such property with interest
the City of Orono. No interest shall
O- cna.ged i^ v.he entire assessment is paid within 30 days from
assessment. You may at any time thereafter,
- . , City the entire amount of the assessment remaining
unpaic, with interest accrued to December 31 of the year in which
sucn paj^ent is made. Such payment must be made before November
IP or interest will be charged through December 31 of the
hofoi^afdecide not to prepay the assessment
c-fore tne date given above the rate of interest that will apply
IS 8 percent per year. The right to partially prepay‘the
assessment is not available.
JILDINC a ZONING - 473-7357
ASSESSING
ADMINISTRATION A FINANCE - 473-7358 PUBLIC WORKS - 473-7359
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The proposed assessment roll is on file for public inspection at
the City Clerk's office. The total amount of the proposed
assessment is $49,814.19. Written and oral objections willbe
considered at the meeting. No appeal may be taken as to the
amount of an assessment unless a signed, written objection is
filed with the clerk prior to the hearing or presented to the
presiding officer at the hearing. The council may upon such
notice consider any objection to the amount of a proposed
individual assessment at an adjourned meeting upon such further
notice to the affected property owners as it deems advisable.
If an assessment is contested or there is an adjourned hearing,
the following procedure will be followed:
1.The city will present its case first by calling witnesses who
may testify by narrative or by examination, and by the
introduction of exhibits. After each witness has testified,
the contesting party will be allowed to ask questions. The
procedure will be repeated with each witness until neither
side has further Questions.
2.After the city has presented all its evidence, the objector
may call witnesses or present such testimony as the objector
desires. The same procedure for questioning of the city's
witnesses will be followed with the objector's witnesses.
j.
4.
The objector may be represented by counsel.
Minnesota rules of evidence will not be strictly applied;
however, they may be considered and argued to the council as
to the weight of items of evidence or testimony presented to
the council.
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6.
The entire proceedings will be tape-recorded.
At u•■he close of presentation of evidence, the objector may
make a final presentation to the council based on the
evidence and the law. No new evidence may be presented at
this ooint.
A.n owner may appeal an assessment to district court pursuant to
Minnesota Statutes Section 429.081 by serving notice of the
appeal upon the mayor or clerk of the city within 30 days after
the adoption of the assessment and filing such notice with the
district court within ten days afcer service upon the mayor
or clerk.
Under Minnesota Statutes, Sections 435.193 to 435.195, the
council may, in its discretion, defer the payment of this special
assessment for any homestead property owner by a person 65 years
of age or older for whom it would be a hardship to make the
payments. When deferement of the special assessment has been
granted and is terminated for any reason provided in that law,
all amounts come due. Any assessed property owner meeting the
requirements of this law and the ordinance adopted under it may,
within 30 days of the confirmation of the assessment, apply to
the city clerk for the prescribed form for such deferral of
payment of this special assessment on his property.
/s/ Dorothy M. Hallin
City Clerk
4
13. Orono City Council Resolution
No. 2682, adopted August 28,1989
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81689.2
- ■ ■City of OROrVO
RESOLUTION OF THE CITY COUNCIL
NO. 2682
A RESOLUTION ADOPTING
HOODHILL AVENUE ASSESSMENT ROLL
WHEREAS, pursuant to proper notice duly given as
required by law, the council has met and heard and passed upon
all objections to the proposed assessment for the improvement of
Woodhill Avenue, legally described as follows: property abutting
Woodhill Avenue and Lots 1 through 5 Woodhill Ridge in the north
1/2 of Section 2, Township 117, Range 23 West, Hennepin County,
Minnesota,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
ORONO, MINNESOTA:
1. Such proposed assessment, a copy of which is attached
hereto and made a part hei;;eto, is hereby accepted and shall
constitute the special assessment against the lands named
therein, and each tract of land therein included hereby found to
be benefitted by the proposed improvement in the amount of the
assessment levied against it.
2. Such assessment shall be payable in equal annual
installments extending over a period of 5 years, the first of the
installments to be payable on or before the first Monday in
January, 1990 and shall bear interest at the rate of 8 per cent
per annum from the date of the adoption of this assessment
resolution. To the first installment shall be added interest on
the entire assessment from the date of this resolution until
December 31, 1990. To each subsequent installment when due shall
be added interest for one year on all unpaid installments.
3. The owner, of any property so assessed may, at any time
prior to certification of the assessment to the county auditor,
pay the whole of the assessment on such property, with interest
accrued to the date of payment, to the city treasurer, except
that no interest shall be charged if the entire assessment is
paid within 30 days from the adoption of this resolution; and he
may, at any time thereafter, pay to the city treasurer the entire
amount of the assessment remaining unpaid, with interest accrued
to December 31, of the year in which such payment is made. Such
payment must be made before November 15 or interest will be
charged through December 31 of the next succeeding year.
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c , CITY
City of OROIVO
^ OF
ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2682
4. The clerk shall forthwith transmit a certified duplicate
of this assessment to the county auditor to be extended on the
property tax lists of the county. Such assessments shall be
collected and paid over the same manner as other municipal taxes.
Adopted by the council this 28th day of August, 1989.
ATTHS
Tothy M<THaiiin, City Clerk
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14. Woodhill Avenue’s Special
Assessment Certification Roll, from
Hennepin County Division of
Property Tax
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HC 1210 (1-79)
SPECIAL ASSESSMENT
RATE CARD
ADD CHANGE DELETE
MUNICIPALITY Orono DOCUMENT #
MUNIC CODE AUTH. BY DATE
LEVY NUMBER 11553
PROJECT NUMBER
LEVY DESCRIPTION Wpodhill Ave Street Imp
TOTAL PROJECT ASSESSMENT $3.320.94
SERVICE CHARGE yes . .
LUMPED/SPREAD CODE spread
INTEREST RATE 8%
COST PER UNIT
NO. YE/\RS PAYABLE
FIRST YEAR P.\YABLE —90
.*•‘.0. INT. FIRST YEAR 16
FIXED CHARGE
PEPJ-'.. SPEC. CODE
I CERTIPr' that THJS DOCUU6KfT
IS A TRUE COPY OP THE ORIGINAL
ON RLE IN THIS OFFICE,
DIVISION M.ANAGER OF TAXPAYER SERVICES
HENNEPiN COUNTY, MN
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DEPUTY
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15. Memorandum of Orono City
Administrator, from Mark
Bernhardson to Orono City
Council, dated October 6,1987 re
Easement Agreement
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TO: Mayor .„d city Council
Hark B4fnhaidaon. city Adaiinl.tratojfvl^
OAW: October 6, 1987
SOWect; Woodhill/Lot 3 Access
- ••ment A9rceaent Dated 10/S/87
S H:^‘^LV£‘£"^ira
IHairS*—:«n:’ -:s. Ourino t\. r*ilro«5 tfrfk."^'® *®«hi’£v.v.7.'/;A\£“i I;
Lot 3 would nood construction £lnnnf?<*
negotiated between w^i^h^"?** access. This Iiti^.e*'**®*** '***^
woodhili Avenue. and McOovell anS would .cm%*,”oJ!J
SiSCUSSIOM - As vou ...
/r u*"^..*"** citt! tJ ’',•.•■•"*’ between
------- • » ir vnvir?
RECOMMENOATIOM - ri 1. I . V*, ***''‘«*^«<*-Off .,V
<^*terainin9 tht costl'i^^f * Partial aha^ri
”«pf'?h?”i™,;„ ""*? -' •««<«• '■ ■' th« th^ c ‘■'-^
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16. Easement Agreement between
City of Orono, Woodhill Country
Club, and MSM Associates, dated
October 15,1987
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easement agreement
Ocfol'UA v'f’’ r
THIS AGREEMENT is made as of ^ » 1987, by
and between Woodhill Country Club, a Minnesota nonprofit
corporation ("Woodhill"), and MSM Associates, a Minnesota general
partnership ("MSM"), and the City of Orono, a municipal
corporation under the laws of the State of Minnesota ("the
City" ).
RECITALS:
A. By warranty deed of even date herewith Woodhill
has conveyed to MSM Lot 3, Bloc)^ 1, Woodhill Ridge ( Lot 3 ).
Woodhill has also deeded to MSM a non-exclusive driveway easement
for the benefit of Lot 3 over certain property contiguous to Lot
3 and over the private driveway easement commonly )?nown as
Woodhill Road.
B. Woodhill Road provides access to County Road No.
15 after crossing the railroad right-of-way now owned by Da)cota
Rail, Inc. (the "right-of-way").
C. Woodhill has no record title to an easement or
other right to cross the right-of-way. However, Woodhill does
own certain property lying between Woodhill Road and Woodhill
Avenue, a public street, which property is legally described as
the Southwest 1/4 of the Northeast 1/4 of Section 2, Township
117, Range 23, Hennepin County, Minnesota, and which property can
be used to provide an alternative w’ay of access to public roads
for the benefit of Lot 3. (The property described herein is
hereinafter referred to as the "Easement Property".)
D. Access to Woodhill Avenue from the Easement
Prcoertv is oreser.tlv obstructed bv a barrier placed on Woodhill
Avenue by or with the permission of the City.
E. Woodhill is willing to grant MSM, for the benefit
certain easement rights over the Easement Property, so
as to orcvide Lot 3 access from Woodhill Road to Woodhill Avenue.
—-t 3.
XT
A •Woodhill and the City are both willing to cause
the removal of any obstruction located on Woodhill Avenue or on
the Easement Property that prevents or impedes access to Woodhill
Avenue from the Easement Property upon the closing or denial of
Lot 3's right to use the access to County Road No. 15 over the
right-of-way by the owner thereof.
NOW, THEREFORE, in consideration of the foregoing
premises and other good and valuable consideration, the receipt
and sufficiency of which the parties hereby aclcnowledge, the
parties hereby agree as follows:
Woodhill hereby transfers and conveys to MSM for
the benefit of, and as an appurtenance to. Lot 3 a driveway
easement 24 feet in width over the Easement Property so as to
provide Lot 3 access from Woodhill Road to Woodhill Avenue.
Notwithstanding the foregoing grant of easement, MSM and the
subsequent owners of Lot 3 agree nor to use the easement hereby
granted unless and until access to County Road No. 15 over the
right-of-way is closed or otherwise denied the owner of Lot 3 bv
the owner of the right-of-way.
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2. 24 foot wide driveway easement shall be at
such location within the Easement Property as Woodhill may
determine from time to time. At any time, and from time to time,
Woodhill may record a declaration establishing or amending the
location of the driveway easement over the Easement Property, and
such declaration shall be binding upon Lot 3 and the owner
thereof.
3. The easement shall be for the sole purpose of
providing alternative access to a public street, namely, Woodhill
Avenue, from Lot 3, and the use thereof shall be consistent with
the use of a driveway by a single family residence property.
Further, the use of the driveway easement shall be subject to
such reasonable rules and regulations as Woodhill may impose from
time to time.
4 All maintenance costs, snow removal expense and
other costs associated with the driveway easement hereby
contemplated shall be borne by Woodhill. In addition,
im.T.ediately upon the closing or denial of Lot 3's right to use
the access to County Road No. 15 over the right-of-way by the
o*%ner thereof, Woodhill shall maintain and keep open an actual
driveway located within the easement to at least the standard of
tne driveway now connecting Woodhill Road and Woodhill Avenue.
5. Upon the closing or denial of Lot 3's right to use
the access to County Road No. 15 over the right-of-way by the
ow.ner thereof, the owner of Lot 3 shall notify the City, and the
City shall, as soon as practicably possible, independently
cetermine whether Lot 3’s access to County Road No. 15 over the
■ been closed or denied. The owner of Lot 3 and
Woocnill shall promptly provide to the City copies of any
documents relating to such closing or denial and such other
in.ormation or proof as the City may reasonably require. If the
City determines that Lot 3's right to use the access to County
Road No. 15 over the right-of-way has been closed or denied by
the owner thereof, the City shall consent to the removal of any
oostruction located on Woodhill Avenue or on the Easement
Property that prevents or impedes access to Woodhill Avenue from
the Easement Property, and Woodhill and the City shall cause, at
Woodhill’s sole expense, the removal of any such obstruction.
6. This Agreement and the rights hereby created shall
e appurtenant to Lot 3 and the Easement Property, shall run with
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title to said properties, and shall be binding upon and inure to
the benefit of the successors and assigns of the parties hereto.
Notwithstanding the foregoing, this Agreement shall terminate and
no longer be binding upon the parties hereto at such time as (a)
Woodhill or the owner of the right—of~way conveys to the owner of
Lot 3, as an appurtenance to Lot 3, a legally enforceable,
perpetual and non-exclusive easement to cross the right-of-way
from Woodhill Road to County Road No. 15, or (b) the public
acquires by eminent domain proceedings, or by voluntary
conveyance in lieu thereof, such right of access to Co»inty Road
No. 15, whichever first occurs. Upon such termination the owner
of Lot 3 agrees to execute in recordable form a release of its
rights in the Easement Property as created by this Agreement.
7. Each of the parties hereto and their respective
successors and assigns shall have the right to enforce their
rights hereunder by injunction or other equitable relief, it
being understood and agreed that there is no adequate remedy at
law for the breach hereof by any party hereto.
No provision of this Agreement shall be construed
to limit any right Woodhill may have to use Woodhill Avenue.
IN AGREEMENT, the parties have executed this Easement
Agreement as of the year and date first above written.
WOODHILL XO'JNIRV CLUB MSK ASSOCIATES
•Vly / V '
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Pawner
OF ORONO
.“.eviewed for Administration
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TATE OF MINNESOTA)
I ) ss.
UNTY OF HENNEPIN)
foregoing was ac)«nowledged before me this
E -Septemberr 1987, by Z—V AC^ffYlA^^_ _ _ _ _ _ _»
_ _ _ _ _ _ _ _ _ _ _^of Woodhill Country Club, a nonprofit corporation
nder the laUs"of Minnesota, on^Jiehalf^of the corporation.nder the law
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day
Public
... . . . . . . . . . . . . . . . . . ...
JOHN B. WINSTON *
r ATE OF MINNESOTA)
) ss.
.<• N’
^ -/Vt^ noiabv public . minneso’u i
i ? HENNEPIN COUNTY {
J Commitnon E>pitc» f eo. 23 1939 %
.............................................................................
OUNTY OF HENNEPIN)
■ foregoing was acknowledged before me this day
•f ^gp^ml^r, 1987, by t 7;:r/,„ /^, , a partner of MSM
ssociates, a Minnesota general partnership, on behalf of the
partnership
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Notary Public
/P==^ CATHARINE BOSCHEI
:tw’^ NOTARY PUBLIC-KIKNESOT A
HENNEPIN COUNTY
My Commission Eipnes Jan 19 1993
TATE OF MINNESOTA)
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OUNTY OF HENNEPIN)
Oc~obe’^^- foregoing was acknowledged before me this 5th day
f Sepvet?beT, 19 67 by_ _ _ _James R. Grabek_ _ _ _ _ _ _ and by
and they.ark E. Berr.harcscr.the Mevor
Cl tv Administrator_ _ _. respectively, of the City of Orono, a
ur.icipal corporation under the laws of Minnesota, on behalf of
he municipal corporation.
DOROTHY M. HALLIN
MOTARV RueUC t^niEBOTA
HENNEPIN COUNTY
'{^1
Cl \9 D1 • r*/Notary Pub^c
' U
HIS INSTRUMENT WAS DRAFTED BY;
Lindquist A Vennum (JBW)
|200 IDS Center
'Minneapolis, MN 55402
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18. Zoning Map
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Official Zoning Map
City of Orono, Minnes
R*1A On# Fjm«ly Residential Ostrct 1 Acre
R*10 One Family Residential Oistricl 1/2 Acre
LR*1A One Family Lakeshore Residential Oisfric-
LR*1B One Family Lakesho^e Res*dential Oiftric
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19. Survey of Woodhill Avenue /
Woodhill Country Club access,
dated August 31,1998
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20. 1945 Aerial Photograph
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21. 1951 Aerial Photograph
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22. 1962 Aerial Photograph
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24. Comparison of Woodhill
Avenue and Woodhill Road:
Roadway surfaces, users, and
trips per day
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REQUEST FOR COUNCIL ACTION
Date: May 11,1999
Item No: 3
Department Approval:Administrator Reviewed:Agenda Section:
Name:
Title:
Gary Cheswick
Chief of Police
Item Description: Surplus Property
Exhibits:None
DISCUSSION
As a result of three new squads being put into service, three old cars are available to be
sold. The vehicles to be sold are:
#170 1993 Ford Crown Victoria, 4-door, 111,000 miles, approx, value $1500
#175 1996 Ford Crown Victoria, 4-door, 117,000 miles, approx, value $4000
#176 1996 Ford Crown Victoria. 4-door, 119,000 miles, approx, value $4(III!
COUNCIL ACTION REQUESTED
Request permission to dispose of old squad cars.
REQUEST FOR COUNCIL ACTION
DATE: May 11, 1999
ITEM NO.: 3
Department Approval:
Name Gregory A. Gappa
Report
Title Director of Public Services
Administrator Reviewed:Agenda Section:
Administrator's
Item Description: Sale of Water Pressure Tank
The City of Monticello has submitted an offer to purchase the second water pressure tank from
the Highway 12 water plant for $4,000. The plant was constructed before the new water tower
and used an air compressor and two pressure tanks to pressurize the system. With the construction
of the water tower, the pressure tank system is no longer needed. Also, the water system
interconnection with the City of Long Lake may be used to pressurize the system if water tower
repair or maintenance is necessary. Hie City of Medina purchased the first tank several years ago,
and the air compressor has been moved to the Navarre water plant for operation of the new
automatic air control valves.
The first tank was purchased by the City of Medina several years ago for $4,000. The City code
requires that the Council declare the tank surplus property and that an advertisement for bids be
placed in the official newspaper. An ad for bids was placed and only one bid, from the City of
Medina was received.
We are recommending that the Council decL.. w.-icr pressure tank, from the Highway 12
plant, water plant surplus property and authorize advertising for bids for sale of the tank.
COUNCIL ACTION REQUESTED:
Motion to declare the water pressure tank, from the Highway 12 water plant, surplus property and
authorize advertising for bids for sale of the tank.
I
REQUEST FOR COUNCIL ACTION
DATE: May 11, 1999
ITEM NO.; 3
Department Approval:
Name Gregory A. Gappa
Report
Title Director of Public Services
Administrator Reviewed:Agenda Section:
Administrator's
Item Description: Sale of Water Pressure Tank
The City of Monticello has submitted an offer to purchase the second water pressure tank from
the Highway 12 water plant for $4,000. The plant was constructed before the new water tower
and used an air compressor and two pressure tanks to pressurize the system. With the construction
of the water tower, the pressure tank system is no longer needed. Also, the water system
interconnection with the City of Long Lake may be used to pressurize the system if water tower
repair or maintenance is necessary. The City of Medina purchased the flrst tank several years ago,
and the air compressor has been moved to the Navarre water plant for operation of the new
automatic air control valves.
The first tank was purchased by the City of Medina several years ago for $4,000. The City code
requires that the Council declare the tank surplus property and that an advertisement for bids be
placed in the official newspaper. An ad for bids was placed and only one bid, from the City of
Medina was received.
We are recommending that the Council declare the water pressure tank, from the Highway 12
plant, water plant surplus property and authorize advertising for bids for sale of the tank.
COUNCIL ACTION REQUESTED:
Motion to declare the water pressure tank, from the Highway 12 water plant, surplus property and
authorize advertising for bids for sale of the tank.
REQUEST FOR COUNCIL ACTION
Date: May 11,1999
Item No: 3
Department Approval:Administrator Reviewed:Agenda Section:
Name:
Title:
Gary Cheswick
Chief of Police
Item Description: Surplus Property
Exhibits:None
DISCUSSION
As a result of three new squads being put into service, three old cars are available to be
sold. The vehicles to be sold are:
#170 1993 Ford Crown Victoria, 4-door, 111,000 miles, approx, value $1500
#175 1996 Ford Crown Victoria, 4-door, 117,000 miles, approx, value $4000
#176 1996 Ford Crown Victoria. 4-door, 119,000 miles, approx, value $4000
COUNCIL ACTION REQUESTED
Request permission to dispose of old squad cars.
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