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District Court Judge Thomas McCarthy, last month, ruled in favor of a Jordan development firm which contested the City’s decision to deny its request for a plat revision.

Meadow Wood Builders, of Jordan, owns a 15-acre parcel of land west of the stormwater pond in Gaylord. Unable to sell many homes initially planned for the property, the developer proposed a plat revision which included smaller homes and smaller lot sizes.

According to Gaylord’s Public Works Coordinator Avery Grochow, lots initially planned for the development had front footage ranging from 65 to 100 feet wide. The revised plat includes lots ranging from 45 to 80 feet, Grochow explained.

Because Meadow Wood Builders’ revised plan did not comply with the City’s general zoning requirements, special permission was required. That was the explanation provided by Lonny Johnson who served as Gaylord’s City Administrator during this issue.

Although concerned about the smaller lot sizes, council members approved a preliminary plat. They did so under the impression that the decision wasn’t final.

On May 2nd, the City Council denied Meadow Wood Builders’ request on a 3-1 vote. City Council President Brenda Pautsch voted not to deny the request.

That decision was immediately challenged by the developer prompting several closed Council meetings. A court hearing was eventually held on August 13th.

According to Mayor Doug Quast, Judge McCarthy ruled that the developer did everything it was asked by the City. The City meanwhile failed to follow proper procedure required by its subdivision ordinance, Quast explained.

City Attorney Doug Nesvig said that even though procedures weren’t followed by the City, the developer should have also known the steps necessary. That was one of the arguments used by the City. The City also argued that Meadow Wood Builders’ proposal didn’t conform to City regulations.

Judge McCarthy apparently didn’t agree with those arguments and ruled that the City was negligent in the process. Among the items overlooked by the City was the public hearing requirements when considering a plat revision. Those hearings, required by the City’s subdivision ordinance, were never scheduled or conducted.

According to Nesvig, approving the preliminary plat also proved to be an issue. At the time, council members were under the impression that a preliminary plat could be approved but it wasn’t a final decision. If the proposal doesn’t change, the City must also give it final approval, Nesvig explained.

Judge McCarthy’s ruling allows Meadow Wood Builders to go ahead as planned. The City Council, on a split vote, appealed that decision. The appeal process is expected to take 12 months, according to Nesvig.

In the meantime, the City may renegotiate with Meadow Wood Builders. Mayor Quast reported last week that Jeff Hennon of Meadow Wood Builders has approached the City and would like to renegotiate during the appeal process.

Council members will wait for advice from its attorney before renegotiating. Jason Kuboushek, from a law firm in Bloomington, represented the City in this case. He was referred to the City by the League of Minnesota Cities (LMC). Kuboushek’s fees are being covered by the City’s insurance.