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HomeMy WebLinkAbout05-11-1999 Council Minutes Special Meeting15 • CITY OF ORONO MINUTES OF THE SPECIAL CITY COUNCIL MEETING TUESDAY, MAY 11, 1999 ROLL CALL The Orono City Council met on the above mentioned date with the following members present: i�*,ayor Gabriel Jabbour, City Council Members Barbara Peterson, Charles Kelley, Bob Sansevere, and Richard Flint. Representing City Staff were City Attorney Tom Barrett, City Administrator Ron Moorse, Zoning Administrator Michael Gaffron, City Engineer Tom Kellogg, Public Services Director Greg Gappa, and Recording Secretary Jackie Young. Mayor Jabbour called the meeting to order at 7:01 p.m. CONSENT AGENDA 1. Approve /Amend Flint moved, Kelley seconded, to approve the Consent Agenda as submitted. VOTE: Ayes 5, Nays 0. • ZONING ADMINISTRATOR'S REPORT 2. #2484 Woodhill Country Club, 200 Woodhill Road - Conditional Use Permit A. Presentation by Staff Mayor Jabbour noted that everyone in attendance at tonight's meeting will have an opportunity to speak, and requested that the people in attendance adhere to the agenda. (Council Member Kelley excused himself from the Council at 7:05 p.m.) Gaffron reviewed his May 5, 1999 Zoning Administrator Report regarding an application by the Woodhill Country Club located at 200 Woodhill Road for an amendment to its 1968 conditional use permit to acknowledge certain basic rights of access to Woodhill Avenue and to impose certain new restrictions and conditions on Woodhill's access to Woodhill Avenue. This property is located in the RR -1 B, Single Family Rural Residential, which permits golf courses, country clubs and tennis clubs as a conditional use within this 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 permits for various improvements since 1968. Gaffron remarked that Woodhill Country Club back in May, 1998, did some grading work within the Club property and within the dedicated right -of -way of Woodhill Avenue to reopen 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 by local residents that it had • occurred, and Woodhill Country Club was advised that certain permits and approvals would have to ORONO CITY COUNCIL MINUTES OF THE SPECIAL CITY COUNCIL MEETING OF MAY 11, 1999 Page 2 • 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. The City subsequently has held a number of public and non- public meetings between and among Club representatives, City Council, City Staff, and the immediate neighbors potentially affected by the reopening of the access. The City refused to permit Woodhill's use of Woodhill Avenue without the proper conditional use review process. Woodhill refused to make such an application and in July of 1998, the Club filed a lawsuit against the City claiming that Woodhill has the right to open and use the Woodhill Avenue access without City approval. Gaffron stated Woodhill proposed a settlement procedure in which Woodhill would apply to the City for a conditional use permit to allow opening and use of the Woodhill access on a limited basis. Woodhill is requesting an amendment to their 1968 conditional use permit to acknowledge the following vehicular access rights: 1, the right to maintain unbarricaded access to Woodhill Avenue; 2, install a gate and maintain control of said entrance; 3, have access available at all times for emergency vehicles; 4, have access available from 7:00 a.m. to 8:00 p.m., for Woodhill members and invited guests during days the Club is open; 5, have access available for transporting tractors to Long Lake for repair; 6, have access available for general access if County Road 15 access is temporarily blocked subject to notification of City and neighbors; and 7; have access available per the 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. Woodhill Country Club is requesting of the City that the above rights not be revocable, nor for a limited period of time, nor be subject to further review by the City except as provided for in Orono's • Zoning Code Section 10.09, Subdivision 11, which talks about a petition involving 75 percent of the adjacent property owners. Woodhill's application also requests that the 1968 conditional use permit be amended to include the following triggers that will require further City review or further amendment of their conditional use permit: 1, conversion of Woodhill Avenue access into the main permanent Club access; 2, use of Woodhill Avenue as an access for delivery, taxi, service or other commercial vehicles; 3, use of Woodhill Avenue as a general public access; 4, use of Woodhill Avenue access at times other than allowed in #1 above; 5, expansion of Woodhill's driveway between the maintenance building and Woodhill Avenue; 6, paving of the driveway abutting Woodhill Avenue; and 7, signage, identification or directional signage, concerning Woodhill on Orono Orchard Road. Gaffron stated in addition Woodhill Country Club is requesting that the City confirms by conditional use permit amendment or by City Council resolution that Woodhill's right of access to Woodhill Avenue exists independent of any conditional use permit process and is not revocable through a conditional use process in regards to the 1987 easement agreement and in the event of permanent blockage of access to County Road 15 as a result of improvements to that road or resulting from closure actions related to the railroad right -of -way. City Staff is assuming that use of the Woodhill access for Club maintenance vehicles other than tractors and Club employees, except in relation to tractor servicing, are not being requested. Gaffron stated there may be additional items, uses or improvements which have not been identified. Gaffron stated under Orono's City Codes and Comprehensive Plan, since 1968 golf courses and country clubs have been an allowed use in the RR -1B single family residential zoning district. In 1968, the Club was issued a conditional use permit which was identified as a non - conforming • conditional use permit, but current City Staff is of the opinion that that was a misnomer and that Page 2 ORONO CITY COUNCIL MINUTES OF THE SPECIAL CITY COUNCIL MEETING OF MAY 11, 1999 • the Club in actuality was issued is a conditional use permit for a conforming use. Historically the City has required a new conditional use permit for any new physical improvements, i.e., new buildings, grading work, to an existing conditional use. This requirement has been applied across the board for all conditional use permits that have been issued by the City. Conditional uses includes 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 does have the authority to grant or deny conditional use permits and to impose reasonable conditions on them. Gaffron stated with regard to Woodhill's 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 conditional use permit or an amendment to the existing conditional use permit for the following reasons: 1, the 1968 conditional use permit was issued based on a given set of circumstances that existed at the time; 2, it can be reasonably argued that the 1968 conditional use permit 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 permit; 3, the conditions that applied when the 1988 maintenance building conditional use permit was granted have also changed; and 4, the proposed use of Woodhill Avenue by a non - residential user raises concerns of health, safety and welfare that the City is responsible for addressing, and which are properly raised within the format of a public review process when a conditional use is involved. Gaffron commented that one of the permits required is a permit for work in the public right -of -way is for construction or reconstruction of this driveway approach per City Codes. City Code currently only permits one business driveway per development unless approved by the City, the driveway must be paved within the right -of -way, the driveway approach must be located at least 100 feet from a corner in a residential district, and the driveway must be ten feet from the side lot line. A land alteration permit is also required if the volume of land alteration is under 500 cubic yards, and if over 500 cubic yards, a conditional use permit is required. If City Staff concludes that the work may create negative impacts or are not in keeping with the goals and policies of the Comprehensive Plan, City Staff is authorized to refer land alteration permit requests to the City Council for volumes less than 500 cubic yards. It is the opinion of City Staff that while the volume of grading in conjunction with this access work is significantly less than 500 cubic yards, the proposal does potentially create negative impacts specifically related to drainage, noise, odors, visual impacts and public safety, all of which should be reviewed by the Council given the neighborhood concerns that have been expressed. Gaffron remarked that Orono's Community Management Plan does encourage the retention and continued operation of private golf courses in that they provide aesthetic open space and natural vistas to the benefit of adjacent landowners and the general public. Gaffron noted that the City is in favor of the golf course existing at that location. The Rural Transportation Policies state that driveway locations and rural street or private road intersections will be limited for traffic safety, with the intent being to consolidate access points onto major roads. The City's Urban Land Use Policy states that commerical 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 why private golf courses are a conditional use rather than a permitted use. Gaffron stated that the City of Orono does acknowledge that Woodhill Avenue served as a is secondary access to Woodhill Country Club for many decades prior to the issuance of the 1968 Page 3 ORONO CITY COUNCIL MINUTES OF THE SPECIAL CITY COUNCIL MEETING OF MAY 11, 1999 conditional use permit. The 1968 conditional use permit, however, did not specify whether Woodhill is Avenue would continue to be used as a secondary access, and it was unquestioned that County Road 15 was to be the access to the Country Club. Gaffron commented that the 1968 conditional use permit contains the following language: "Approximately 150 acres in Orono. Club house and various buildings for entertainment. Private club." In 1980, Woodhill Country Club closed off its Woodhill Avenue driveway access to most vehicular traffic and placed a 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. In 1987, Woodhill Country Club, in conjunction with a private developer, subdivided the property south of Woodhill Avenue and created the five lot residential plat of Woodhill Ridge. The subdivision resulted in the following actions which are pertinent to this review: 1, created a new private road to serve Lots 1, 2, 4, and 5, extending southward from near the east end of existing Woodhill Avenue; 2, 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; 3, resulted in upgrading of the 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 feet west of the Club's property boundary, but apparently to provide a connection to the old chained -off driveway; and 4, resulted in the City's granting an access easement in favor of Lot 3, Woodhill Ridge over Club property to Woodhill • Avenue in the event that County Road 15 access is blocked. In 1988, Woodhill Country Club applied for and was issued variances and a conditional use permit for a new maintenance building to be located approximately 160 feet east of the Woodhill Ridge subdivision and adjacent to the old driveway connecting 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 Zoning Administrator Mabusth's question whether the Woodhill Avenue connection would have to be opened during maintenance building construction. Gaffron stated he will let Mr. McCarthy and the Club representatives address the reasons why a secondary access is needed, and the traffic impact to County Road 15 and the secondary access. City Staff has identified some potential drainage and grading issues, and portions of the proposed gravel driveway have a relatively steep grade and therefore are subject to possible erosion. The rates and volumes of stormwater runoff generated by this access driveway do not warrant_a storm drainage pond nor other extensive stormwater management facilities. City Staff is recommending a paved driveway in that it would be less susceptible to erosion and sedimentation. City Code requires, since this is a business driveway, that all portions of the driveway in the right -of -way are required to be paved with bituminous material. Other potential neighborhood impacts identified by City Staff include dust from the proposed gravel driveway. A resolution to this problem may be to limit the traffic speed to ten miles per hour as proposed and periodic watering or calcium chloride treatments could also be utilized. Staff feels the additional traffic generated by this access will have little noise impact on the • Page 4 ORONO CITY COUNCIL MINUTES OF THE SPECIAL CITY COUNCIL MEETING OF MAY 11, 1999 • neighborhood and would be reduced if the driveway was paved. Odors are a minor issue and should not pose any problem. There is no street lighting being proposed at this street intersection and headlights from vehicles entering and exiting at the new access will not shine directly at any neighboring homes. There also will be a minimal visual impact to the neighborhood by opening this access. Gaffron commented that Woodhill Country Club does not propose to install a gatehouse, but the Club is proposing to have a gate or chain across the access that would be opened at 7:00 a.m. and closed at 8:00 p.m. The Club closed this access in 1980 due to security issues, and at least one neighborhood resident has expressed concerns regarding security. The City, independent of this proposal and this application, authorized a traffic management study for the segment of County Road 15 from North Shore Drive to Ferndale Road West for the purpose of analyzing traffic movement and access from cross streets, to look at methods to improve east -west traffic movement that could provide some relief to County Road 15, to look at the feasibility of providing a frontage road on the north side of 15 between Woodhill Road and Orono Orchard Road, and to look at the feasibility of installing a stoplight at North Shore Drive and at Orono Orchard Road. One of the conclusions of the study was that access to Woodhill Country Club would be vastly improved with the provision of a traffic signal at Orono Orchard Road. Gaffron noted that the City has received numerous letters from the neighborhood residents regarding this application and that those have been included as an exhibit in the City Council's packet for their review. In addition, included is a traffic study by Benshoof & Associates on behalf of the neighborhood residents as well as a letter from Attorney Bruce Malkerson on behalf of certain homeowners in the neighborhood. • Gaffron stated the City should consider whether Woodhill Country Club has provided sufficient justification to warrant consideration of a second access to the property and whether Woodhill Country Club has adequately demonstrated that other secondary access options are either not feasible or are inferior to the proposed Woodhill Avenue access. The members of the City Council should also consider whether the potential public health, safety and welfare concerns do not outweigh the benefits of allowing Woodhill Country Club an access to Woodhill Avenue. City Council should also address the other questions on pages 15 and 16 of the May 5, 1999 Zoning Administrator's report in reaching an opinion on whether an amendment to the conditional use permit should be approved. City Staff is recommending that if the City Council determines that some limited use of the access is appropriate, some minimum conditions be attached to such approval. First, 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 conditional use permit 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. Secondly, the City should establish triggers which will allow review of the Woodhill Avenue access conditional use permit, including but not limited to those proposed by the Club, a review based on the amount of actual traffic using the access, and a review after some given time period of the situation. Gaffron suggested that if the City Council concludes that approval of the access is appropriate, Council should direct City Staff to draft a conditional use permit approval resolution with appropriate findings and conditions for consideration at the May 24th Council meeting. • B. Council Questions of Staff Page 5 ORONO CITY COUNCIL MINUTES OF THE SPECIAL CITY COUNCIL MEETING OF MAY 11, 1999 There were no questions by the City Council Members of City Staff. C. Presentation by Applicants Edge Jackson, President of Woodhill Country Club, stated he is a resident of Orono and resides on Woodhill Road. Jackson commented that he has requested that the members of the Country Club refrain from contacting the City Council members regarding this application. Jackson stated due to safety concerns that the Club had regarding the use of County Road 15, the Club had decided to reopen the access to Woodhill Road, which the Club felt was within its legal rights. But the Club's position resulted, however, in lengthy and expensive litigation with the City. Woodhill Country Club subsequently drafted a settlement proposal, which was presented to the City, and the Country Club elected to apply for a conditional use permit to reopen the access. Jackson remarked that the Club's proposal to the City takes into account the various safety concerns that have arisen with the high traffic volume on County Road 15 and the dangerous left hand turns onto County Road 15 from Orono Orchard Road and into the Country Club. If access to Woodhill Road is granted, it is the Club's opinion that there will be a minimum impact to the traffic levels currently experienced on Woodhill Avenue. Given the new environment that now exists in that area, it is Woodhill Country Club's view that this proposal is the best solution for all parties involved as well as the general public that currently uses County Road 15. • Jim McCarthy, Attorney -at -Law with Lindquist & Vennum, reviewed his May 11, 1999 letter • regarding Woodhill Country Club's application for amendment to the 1968 conditional use permit. The Traffic Management Study by the City's engineering firm illustrates the dangerous traffic safety problem faced by Woodhill Country Club members and the general public on Highway 15 in front of Woodhill Country Club and at Orono Orchard Road. The average daily traffic count in June of 1998, was approximately 22,000 vehicles, which is estimated to increase to 27,000 near Orono Orchard Road in future years. McCarthy stated Woodhill is requesting that access be granted off of Woodhill Avenue to Club members from 7:00 a.m. to 8:00 p.m., which will be secured at night by a security gate. Commercial traffic will not be allowed to access the Country Club through this road. The access is intended to help members to the west and north of the Club by providing an alternate traffic route. McCarthy remarked that the Zoning Administrator's report do not identify any significant safety issues with the Club's application related to traffic impacts on Woodhill Avenue; noting that the Club is willing to deal with any outstanding issues that still remain. McCarthy noted that the residents in the neighborhood prefer that the road not be paved, which is also the desire of the Country Club, but if the City requires a paved road, the Country Club is willing to abide by that condition. McCarthy commented that it is not the Club's intent to make this access look too desirable to avoid attracting higher levels of traffic than what is desired. McCarthy stated that the road was not regraded but a new load of gravel was spread over the road, noting that the grade of the road has remained the same for approximately 100 years, but that the Country Club is willing to work with City Staff if need be to alter the grade of the road. McCarthy remarked that Woodhill Country Club's existing conditional use permit does not have any review triggers or provisions for annual reviews, and it would be the Club's request that this • issue be discussed in further detail, noting that the Club at this time would strongly oppose that Page 6 ORONO CITY COUNCIL MINUTES OF THE SPECIAL CITY COUNCIL MEETING OF MAY 11, 1999 • condition. 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. Since 1980, the Country Club has voluntarily llmilted access to pedestrians, bicyclists, and very limited vehicular traffic, and indicated to the City in a letter written by the then president of Woodhill Country Club, that by taking that action the Club did not, in any way, want to limit its right to use the back entrance, should future circumstances warrant a change in the Club's decision. Woodhill maintains the position that use of this road has never lapsed and continues to be used today. McCarthy remarked that there is nothing in Orono's City Codes that requires an access be utilized at a certain frequency in order to keep that access open. McCarthy commented that the traffic volumes on County Road 15 need to be addressed by the City, noting that this proposed access is beneficial but will not greatly reduce the traffic volumes currently experienced on that road. However, this secondary access to Woodhill will provide a safe route of travel for those members of the Club that live to the west and north and is consistent with the City of Orono's Comprehensive Plan. One of the goals of the Comprehensive Plan is to provide for the safety of all Orono residents, and Woodhill Country Club feels this proposal meets that goal. McCarthy noted that the golf course is considered to be recreational and open space and not commercial, and Woodhill's proposal to the City maintains that the golf course is recreational and is compatible with the rest of the neighborhood. • Regarding the impact to the neighborhood, McCarthy commented that the City Council should look at the whole picture, noting that this access is considered to be a secondary access by Woodhill and will have a minimal impact on the current traffic patterns already being experienced in the area. McCarthy stated that it is the opinion of the Country Club that Woodhill Avenue is the best road to accommodate this secondary access due to the wider street and better sight lines that exist. McCarthy remarked that if the City Council reads the Benshoof report, there are only three negative impacts that Woodhill's proposal would create. First, 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. The driveways for these two homes are located on Woodhill Avenue and their ability to use these driveways would be impacted by the motorists traveling to and from the Country Club. It would also be more difficult for them to walk or ride a bicycle along Woodhill Avenue. Secondly, the entrance from the Woodhill Ridge private road onto Woodhill Avenue does pose a significant traffic hazard due to extensive trees and brush that obstruct the sight distance. The owner of that property has agreed to trim or remove the bushes if needed to improve the sight lines. Thirdly, the Benshoof report states that Woodhill Avenue is not wide enough to accommodate a motorist traveling in each direction plus a pedestrian or bicyclist traveling in one direction. McCarthy stated this road is 24 feet wide and is certainly capable of handling that traffic. McCarthy commented that Ed Axt of Parsons, Brinckerhoff is present tonight to answer any questions relating to their traffic study. • Ed Axt, Senior Transportation Engineer with the firm of Parsons, Brinckerhoff, stated that Woodhill Country Club's conditional use permit amendment proposal will have a minimal impact on Woodhill Page 7 ORONO CITY COUNCIL MINUTES OF THE SPECIAL CITY COUNCIL MEETING OF MAY 11, 1999 Avenue and the Woodhill Ridge development. It will improve safety for Woodhill families and will 40 improve overall traffic safety in Orono, on Woodhill Road, County Road 15, and Orono Orchard Road. Axt stated in his opinion the proposal by Woodhill Country Club offers a safe and efficient secondary access. Axt stated he would be available tonight to answer any questions the City Council may have regarding his report. McCarthy commented that of the 18 ideas that are addressed in the County Road 15 Traffic Management Study conducted by Bonestroo, the one item that would improve safety conditions at no cost to the City involves the approval of this application by Woodhill Country Club. McCarthy stated this is a small, but critical step that would help improve the overall traffic safety for approximately 100 families that could utilize this secondary access. D. Council Questions of Applicant Mayor Jabbour inquired whether Woodhill Country Club is still of the opinion that the Club did not need to request a conditional use permit, nor needed to approach the City to exercise its rights to utilize a public roadway and to commence work within a City right -of -way. McCarthy stated the Country Club at the time thought it was commencing work on private property and not within the City's right -of -way and later found out that their understanding was in error. It is not Woodhill Country Club's position that they have the right to do work in the City's right -of -way. McCarthy remarked that if the use of this road changes dramatically in the future, Woodhill Country Club would address the City Council on that issue. McCarthy stated that the Country Club is willing to have some restrictions put on this secondary access, noting that approximately 25 percent of the Club's membership will be utilizing this road. Sansevere inquired how the Club is proposing to insure that this access is only utilized by members of the club. McCarthy stated that a gatehouse is not an effective security tool and that the people who would utilize this access would need to be very familiar with the road to find this access. Sansevere inquired whether a card system is something that the Club would consider. McCarthy commented that in their view a card system is something that would not work very well and is expensive to install and maintain. McCarthy stated that the Club is willing to install a security gate which will be opened at 7:00 a.m. and closed at 8:00 p.m. Sansevere inquired whether the Club would be willing to limit the traffic to one -way. McCarthy remarked that the Club would like to keep the traffic flow two -way. Sansevere questioned why the Club is proposing to limit the hours from 7:00 a.m. to 8:00 p.m. McCarthy stated that the neighbors have expressed concern over nighttime traffic, and this would limit the traffic to daytime hours. Sansevere inquired whether the Club employees who live on the north and west side would utilize this access as well. • Page 8 ORONO CITY COUNCIL MINUTES OF THE SPECIAL CITY COUNCIL MEETING OF MAY 11, 1999 McCarthy replied that the Club is not proposing that its employees utilize this access, noting that most of its employees arrive at 6:00 a.m., before traffic becomes a problem on County Road 15. Jackson commented that the Club would like the hours of access to remain consistent to avoid traffic traveling down that road when the access is not open and will eliminate any confusion that might be caused if the hours varied. Jackson stated that the Club is also not interested in installing a sign at Orono Orchard Road in an effort to keep this road low profile. E. Open Public Hearing i) Public Questions Rnice 11Aa1k4arcnn Gffnrna�_nf_I 7ler inrniirarl %Afhnf tha_ Prfi Inn arrPnnP. of the nhih iS notinn that the application says 214 acres and the 1968 conditional use permit lists 150 acres. McCarthy stated that the 150 acres is what lies within the City of Orono and the rest is in Wayzata. McCarthy commented that he does not know what the history of the acreage has been over the years. Malkerson remarked that the traffic study presupposes that 30 trips in and 30 trips out will be made on this road. Malkerson inquired how that number will be controlled and monitored. Mayor Jabbour questioned on what basis that number was arrived at and whether that number is accurate. • McCarthy replied that the Club has set limits on the hours that the access will be opened and have estimated those numbers based on a review of the membership and where those members live. Malkerson inquired why the Club was not willing to put a limit on the number of cars that would utilize this access. Malkerson suggested that routine traffic counts could be conducted as one possible means of monitoring the traffic flow in and out of this access. McCarthy stated that the engineer worked on averages and that the Club is not in a position to guarantee the number of trips. McCarthy commented that the Club has no reason to believe that those numbers are grossly inaccurate. Jane Delaney, 1350 Woodhill, inquired whether the Club determined how many members out of the 400 families that belong to the Club actually drive. McCarthy stated that some of the 400 familes are inactive. Traffic counts have shown that there is approximately 500 trips daily to the Country Club. Shelly Storch, 1245 Woodhill Avenue, inquired whether it would be possible to monitor the traffic on a Saturday. Ed Axt, Senior Traffic Engineer, stated that the City of Orono conducted two traffic counts in August, noting that on one of those days the Club was hosting a wedding reception, which elevated the traffic count by 150 cars in addition to the traffic normally experienced. The counts showed that approximately 500 cars per day, 250 in and 250 out, traveled to the Country Club. Axt stated that the City's numbers were then incorporated within their traffic study. • Shelly Storch inquired whether the Country Club has any figures showing the number of people who drink alcohol at the Club and also drive. Page 9 ORONO CITY COUNCIL MINUTES OF THE SPECIAL CITY COUNCIL MEETING OF MAY 11, 1999 • Jackson commented that Woodhill Country Club is a family club and only has a small bar. Jackson stated that their members normally do not gather at the bar and drink, and that the atmosphere of the club is more of a family gathering. Woodhill Country Club at.this time does not have specific numbers regarding the number of members who drink. Jerry Storch, 1245 Woodhill Avenue, inquired whether the traffic count distinguished in any way the 25 percent of the membership that live to the west and north. McCarthy stated that the traffic count was not broken out to reflect those numbers. ii) Public Comments Jane Delaney, 1315 Woodhill Avenue, commented that their petition is representative of 45 households that are in opposition to this application, noting that the only ones who were in support of the application were members of the Country Club. Delaney stated that the residents were questioning why public hearings were not held before this time regarding this proposal. Delaney also stated that she used to walk in the area where the secondary access is proposed and in her opinion that road is more of a footpath and has not been maintained. Delaney also expressed concern that her driveway is located by the access, which will make it more difficult for her to exit her driveway due to the traffic going in and out of the Country Club. Brian Palmer, 1190 Lyman Avenue, spoke in favor of the application, noting that his family has used that secondary access when traveling on foot or bike for approximately 14 years. Palmer • stated that the left -hand turn that is required off of Orono Orchard Road is dangerous and that this secondary access will provide a safer route of traffic to and from the Club for his family. Palmer commented that people need to be responsible drivers and to watch out for pedestrians and other vehicles on the road, but that this proposal will help improve the present traffic condition on County Road 15. Charles Maile, 1260 Woodhill Avenue, expressed his thanks to the City Council and City Staff for all their hard work regarding this issue. Maile commented that in his opinion annual reviews of this situation should be required as part of the conditional use permit due to the safety concerns that have been raised by the neighbors. Maile remarked that this access will increase traffic on Woodhill Avenue and would directly impact his family. Maile also raised concerns about the consumption of alcohol at the Country Club and the Woodhill Barn, noting that alcohol is being served within a short distance from his residence. Maile also commented that this application is proposing to put commercial and business traffic on a residential street, and encouraged the City Council to vote in opposition to this application. David Luther, 9900 Bren Road East, Minnetonka, stated they were in favor of this application, noting that they are the owners of the property located at 1250 Woodhill Avenue and would not be opposed to removing the vegetation and brush that exists on the corner if deemed necessary. Shelly Storch thanked the City Council members for all their efforts regarding this application, noting that she is strongly opposed to approval of this application due to the safety and equity concerns that have been raised surrounding this issue. Storch stated that Woodhill Country Club is a business that sells liquor and their proposal will bring that traffic through their residential neighborhood. Storch remarked that the Country Club should choose between selling liquor and having this access through a residential neighborhood. • Page 10 ORONO CITY COUNCIL MINUTES OF THE SPECIAL CITY COUNCIL MEETING OF MAY 11, 1999 • Storch remarked that this secondary access will not help eliminate the traffic problems currently being experienced on County Road 15 but will have a great impact on their neighborhood. Storch presented a picture of Woodhill Avenue at the section where it curves, noting that a puddle routinely forms at that location and becomes an ice slick in the winter which causes a safety concern. Storch stated that this secondary access was not brought up by Woodhill Country Club at the time this area was developed, noting that they may not have purchased this land if this access was being contemplated. Storch commented that she has not seen vehicles using this access in the past, noting that this area is overgrown. Storch further remarked that at the time Woodhill Country Club was constructing this access, they were informed that this would be a temporary access, noting that the City was not initially informed that the Country Club was going to reopen this access. Jerry Storch, 1245 Woodhill Avenue, commented that being a citizen of America, individual rights should be recognized and not pushed aside when those rights are being challenged by a business or corporation. Storch stated that the issue that the City Council should consider is whether this application is right or wrong, noting that the City currently does not allow other businesses to have a secondary backdoor entrance through a residential neighborhood. Storch stated he has a concern with the house that is located at the end of Woodhill Avenue, noting that this house has been sold approximately a year ago and remains vacant to this day. Storch remarked that the conditions that are being requested are not very enforceable in his opinion and the Country Club should be required to install a card system to insure that only members • of the Country Club utilize this access. Storch indicated that currently a semi - tractor truck makes deliveries to the Club on a regular basis, and requested that commercial traffic no, b ll;c to � Q:d utilize this access. Storch commented that the main issue here is the number of cars that will be utilizing this access, noting that this proposal will not greatly reduce the number of cars on County Road 15 but will greatly impact traffic on Woodhill Avenue. Storch remarked that in his opinion he has a hard time believing that Woodhill Country Club will respect the neighborhood based on their previous attempts to construct the access without informing the City or the local residents. Storch indicated that it has been the neighbors' position that they will abide by the decision of the City Council, noting that they were not the initiators of this lawsuit against the City and have endured inflammatory remarks by people who support this application. Storch indicated that he hopes all parties involved in this matter will be able to put those differences aside once this issue is resolved and become friends once again. Bruce Malkerson, Attorney -at -Law, reviewed his May 4, 1999 letter regarding the application by Woodhill Country Club, noting that pages 12 and 13 outline the standards and reasons why this application does not meet the City's standards and should be denied. If access is granted, then access should be limited by installing a security gate which is locked at all times and can only be accessed by Club members. Further, the access should be limited as outlined on page 9, Items A, B, C, and D, and should be designated as one -way to permit traffic into the Club. Malkerson suggested that speed bumps also be installed along Woodhill Avenue to reduce the speed of the vehicles that will be traveling down that road as a result of the secondary access. Malkerson remarked that it is within the City's authority to deny this application, and commented • that if access from County Road 15 is cut off, then that is a different situation and should be reviewed. Malkerson requested that some type of review system be incorporated into the conditional Page 11 ORONO CITY COUNCIL MINUTES OF THE SPECIAL CITY COUNCIL MEETING OF MAY 11, 1999 use permit to guarantee some control by the City over this property. • Malkerson thanked Woodhill Country Club for electing to submit an application. F. Close Public Hearing The Public Hearing portion of this application was closed at 9:58 p.m. (Recess taken from 9:58 p.m. to 10:07 p.m.) G. Council Deliberation Mayor Jabbour thanked Woodhill Country Club for submitting an application for a conditional use permit, noting that the City was informed by the local residents that something was occurring in that area and the City had no information regarding what was happening. Jabbour noted that the members of the City Council have not taken any position on this issue other than requesting that an application for a conditional use permit be filed to allow the proper procedures to be followed. City Administrator Ron Moorse read a letter from William and Nadine McQuire of 315 Woodhill Road indicating their support for this application. Malkerson inquired since this letter was read after the public hearing was closed, could the members of the public comment on its content. Mayor Jabbour indicated he would reopen the public hearing for the sole purpose of commenting on • the letter that was read. (Public Hearing reopened at 10:12 p.m.) Jerry Storch stated he has difficulty with the letter because that house has been sitting vacant for approximately a year and it is a matter of speculation as to what is going on there. (Public Hearing closed at 10:13 p.m.) Mayor Jabbour stated that it is up to the City Council to determine whether this application is appropriate, and if approved, what conditions should be imposed on the conditional use permit. Peterson indicated that she was disappointed in the fact that this process has become so difficult, noting that this is a matter that has not been taken lightly. Peterson stated that in her view this secondary access should be allowed based on the information that has been provided and that Woodhill Country Club does have a legal right to have this secondary access. Peterson commented that she would like to see some conditions placed on the conditional use permit. Flint indicated that this has been a difficult situation, noting that if he lived in that neighborhood he also would not want the additional traffic on that road, but that Woodhill Country Club does have a legal right to that access and he would vote in favor of their use of the access. Flint commented that he would like to see some restrictions placed on the conditional use permit and would like to have this situation reviewed periodically by the City. Flint remarked that perhaps one -way traffic is the best answer to this issue, noting that adjustments can be made if it is deemed that there is a problem. Flint indicated that he also is in favor of a stoplight at the intersection of Orono Orchard Road and • Page 12 ORONO CITY COUNCIL MINUTES OF THE SPECIAL CITY COUNCIL MEETING OF MAY 11, 1999 • County Road 15 as a way to alleviate the traffic concerns in that area. Sansevere indicated that he does not have the full history regarding this matter, but is looking at what is fair and equitable to all parties involved. Sansevere commented that this access will not greatly reduce traffic on County Road 15, but will make travel safer for a percentage of the Club's members. Sansevere noted that the Club is not requesting full access and that some conditions are being proposed. Sansevere commented that he would like the Country Club to consider some type of card access system to restrict the use. Mayor Jabbour stated in his view Woodhill Country Club is entitled to use of this road, but that some restrictions need to be placed on the conditional use permit to allow the City to have some control over what occurs on this property. Jabbour commented that Woodhill is attempting to limit the number of people who can gain access through Woodhill Avenue by its proposal. Jackson commented that he understands what the members of the City Council are saying, noting that the Country Club's Board of Directors is in attendance at tonight's meeting to gain a better understanding of all the positions involved. Jackson indicated that he does not have the authority to make substantial changes to the proposal without first holding a board meeting, but would like to be informed what the City Council is proposing as far as restrictions. Jackson remarked that Woodhill Country Club has come to the conclusion that this is the proper method for handling this issue. 1k X Mayor Jabbour stated that the City is not requesting that Woodhill C'ounti y' Club settle this issue tonight but is attempting to come up with some conditions that should be placed on the conditional use permit that all parties can live with. Jabbour indicated that the City has issued numerous conditional use permits where the right to review the permit has been reserved by the City. Gaffron commented that the City does have the right to incorporate that condition into the conditional use permit. Mayor Jabbour commented that the City does need to protect the rights of its citizens as well as the rights of the City. Sansevere suggested that this application be reviewed in approximately six months, noting that their busiest season will have ended. McCarthy commented that he does not feel this issue should be reviewed every year, and suggested that the City wait until County Road 15 is completed before a review is conducted. Peterson commented that, under the Club's proposal, the residents of Woodhill Avenue would need to adjust their lifestyles during the majority of the daytime hours, noting that she would be in favor of limiting the number of hours that the access is open. Flint stated that if the Country Club has the right to dismiss its lawsuit without prejudice and bring it back before the Court if they feel that they are being treated inappropriately by the City. Malkerson inquired whether the people in opposition to this application will have an opportunity to speak to these different points if the Applicant is able to comment on them. Mayor Jabbour stated that they are not going to reopen the public hearing section of this meeting, but that the comments by the Applicant will be limited to questions that the City Council may have regarding various items in their proposal. • Mayor Jabbour commented that he would not be in favor of a card access system, noting that Page 13 ORONO CITY COUNCIL MINUTES OF THE SPECIAL CITY COUNCIL MEETING OF MAY 11, 1999 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 Woodhill Road access to County Road 15 is temporarily blocked (subject to reasonable notification to the City and the 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). E. Usage of this access road is to be limited to the hours of 7:00 a.m., to 8:00 p.m. The above approved uses would be called "Basic Rights," a term used by the Club. The City would reserve the right to review the permit periodically to determine what problems - there were in the prior years and the City would maintain a right to modify the permit or add conditions, as allowed by Section 10.09, Subdivision 6,13. 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 • Page 14 they are expensive and experience mechanical problems. Jabbour stated that a one -way driveway is probably the best solution to limit the amount of traffic and to alleviate the safety concerns raised by having to make two left -hand turns. Jabbour remarked that this issue could perhaps be revisited in one to two years. Sansevere stated that he would like to see some type of guarantee that this road is only being accessed by Club members and not guests of a wedding party, for example, or other major social event that is held at the Club. McCarthy noted that the Club does not host very many weddings and that their proposal will not cause a major influx of people on this road. Mayor Jabbour noted that the original proposal from Woodhill Country Club did propose a one -way system. Flint suggested that a conceptual motion be made outlining the various conditions that the City is proposing to impose and then Woodhill Country Club will have an opportunity to review that motion before the next City Council meeting. Flint moved to conceptually approve Application #2484, Woodhill Country Club, 200 Woodhill Road, and to authorize City Staff to draft a resolution for City Council consideration at their May 24, 1999 meeting, subject to the following items that are outlined in Bruce Malkerson's May 4, 1999 letter to the City Council: Item G, The Club shall install agate 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. 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 Woodhill Road access to County Road 15 is temporarily blocked (subject to reasonable notification to the City and the 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). E. Usage of this access road is to be limited to the hours of 7:00 a.m., to 8:00 p.m. The above approved uses would be called "Basic Rights," a term used by the Club. The City would reserve the right to review the permit periodically to determine what problems - there were in the prior years and the City would maintain a right to modify the permit or add conditions, as allowed by Section 10.09, Subdivision 6,13. 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 • Page 14 ORONO CITY COUNCIL MINUTES OF THE SPECIAL CITY COUNCIL MEETING OF MAY 11, 1999 conditional use permit. In any event 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 Woodhill 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. 6. 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 right of access to the Woodhill property exists independent of any conditional use permit process 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 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. Item H: 1. Access on the Club's driveway will be for members only, and only on the basis of one way, from west to east. 2. The City will monitor periodically and will have the right to modify if peak usage exceeds 100 trips per day. 3. The Club should install two -way stop signs at the intersection of Woodhill. Avenue and Woodhill Ridge Road. 4. The Club will need to install speed bumps as determined by City Staff. 5. The access road should be bituminous within the public right -of -way. The City will review the permit after one year to determine what problems there were, and the City will maintain a right to modify the permit or impose additional conditions, as allowed by Section 10.09, Subd. 6, B. • Second by Sansevere. Page 15 ORONO CITY COUNCIL MINUTES OF THE SPECIAL CITY COUNCIL MEETING OF MAY 11, 1999 Malkerson commented that there is no way to prevent any person from utilizing this access when the road is opened, and recommended that a card system be required. Mayor Jabbour stated that he is not in favor of a card system due to malfunctions. Jabbour noted that the City will do periodic traffic counts and can review this conditional use permit if the traffic counts exceed the allowable limit. Malkerson stated he would like an opportunity to comment on these issues after the resolution is drafted. Mayor Jabbour commented this motion puts the burden on the Country Club not to encourage use of this road by all visitors to the Country Club. Mayor Jabbour noted that it is bad public policy to prohibit the general public from using a public road and that any member of the public should be entitled to traverse down Woodhill Avenue but not all members of the public should have the right to gain access to Woodhill Country Club. Malkerson inquired whether commercial trucks would be limited. Flint answered yes. VOTE ON ABOVE MOTION: Ayes: 4, Nays 0. CITY ADMINISTRATOR'S REPORT "( #3) Declaration of Excess /Surplus Property • Flint moved, Kelley seconded, to declare Excess /Surplus Property; the water pressure tank from the Highway 12 water plant, and three used police squads; #170 1993 Crown Victoria, #175 1996 Crown Victoria, and #176 1996 Crown Victoria. VOTE: Ayes 5, Nays 0. ADJOURNMENT Peterson moved, Sansevere seconded, to adjourn the meeting at 11:43 p.m. VOTE: Ayes 4, Nays 0. Gabrie Jabbour, Ma or A Linda Vee, City Clerk Page 16 •