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FROM FAECRE i BENSON [MON] 4.19'99 12:S5 ST. 12:51/NO. 4362053S43 F 5 <br />c2 <br />FAEGRE & BENSON LLP <br />Minneapolis <br />MEMORANDUM <br />To: <br />From : <br />Mike Gaftron - City of Orono <br />Thomas M. Crosby, Jr. <br />DATE: <br />Subject : <br />April 19. 1999 <br />Hennepin County Bikeway Path <br />Last week you mentioned Hennepin County’s desire to have a bikeway <br />County Road 6 adjacent to the Spring Hill Golf Club. A desci^iption of Hennepin County s <br />desires is contained in your staff report of April 15 on the preliminary p a <br />I would like to advance three theories as to why, at this time, requiring the <br />dedication of 10 feet by Spring Hill is inappropriate. <br />Springm p^;?Sng w^^^^ <br />right-of-way comes up at this time. <br />Fairness- After the conditional use permit was issued in the summer of 1997, <br />the golf course'Wdisigned and constructed. Numerous changes were made m design <br />of the golf course as a result of the permitting process. 1 do not want to imply that the <br />changes are to the detriment of the golf course because I <br />members of the golf club and the City officials are pleasirf with *e end <br />based upon the plans as approved, much activity occuned immediately <br />Road 6. particularly on the east end of the project Berming. /'“V"* <br />and fencing have all occurred. All of these activities were done <br />County right-of-way. Were the County right of-way extended to the “*‘- <br />substantial modifications to the golf course would be required, impacting msttl <br />Lprovements as well as. arguably, the safety of individuals using such a '^c^ <br />pa*, in short, *e golf course relied upon the permits it received md has t^en actions which <br />would be adversely affected now by having to give up 10 feet to *e County. <br />lecalitv: The county’s request may not be enforceable as it runs ^oul of *e <br />U.S. Supreme Court decision regarding land-use regulation set forth in T7o an v. City. 9i <br />I