02/01/1993 Park Board Packet - Laserfiche WebLink

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CITY OF LINO LAKES PARK BOARD MEETING MONDAY, DECEMBER 7, 1992 informed that a trail would come by the back of their lot, possibly as close as 30 feet from the house. Mr. Hutchings commented that he will back out of the deal if the trail is moved that close to his back yard. Mr. Bill Pierce also addressed the board. He is a builder who is involved in building two houses in this development. Although the homes he is building are not directly involved in the trail issue, he is concerned that a precedent may be set, and that putting trails so close to peoples backyards is unreasonable. After lengthy discussion the board had several questions for the developer. Mr. Menkveld commented that he never did apply for a permit from the Corps of Engineers, even though he assured the board that he would when he first brought this issue before them. Mr. Lindy asked Mr. Kolstad if the developer wasn't aware at the time the final plat came before the council that there would be ramifications. Mr. Kolstad stated that the plat was "presented to the council that way in order to get it finalized and then planned to come back and try to get it moved later on" . He stated it was the developers decision to move the trail up. Mr. Menkveld says he has lost five out of six potential sales because of the trail issue and the length of time it's taking to get resolved. He says he was not trying to skirt around any governmental issues and says he did not apply for permits because he had "verbal" confirmation from the corps. But what would have been acceptable even up to March of 1992 is not acceptable now because of the new wetland laws. Mr. Kolstad requested the board make a decision tonight as this issue has been going on for such a long time. George Lindy explained to Mr. Kolstad that he doesn't feel the developer should put the burden to resolve this issue tonight on the board as it was developers responsibility to seek the necessary permits. Marty Asleson stated that we still do not know for sure that the trail in the originally platted location is not acceptable. Don Volk commented that until a permit is filed with the Corps, all discussion is purely speculation. A lengthy discussion followed where it was concluded that Mr. Menkveld thought it too costly to use Brauer & Associates as consultants to pursue the necessary permits, etc. Mr. Kolstad asked if they could make application to the corps without the assistance of Brauer and Associates. Park Board stated this may be OK. Staff recommended to the board that any corps application should be reviewed by the City before is it presented to the corps. Mr. Volk recommended Mr. Menkveld start the permitting process and work with city staff to pursue it. Mr. 201- Menkveld stated that he would "move the trail upon recommendation 2