Todd County Board of Commissioners
Plan is to go forward with Copper Fields
by Karin L. Nauber
 |
| Attorney Scott Johnston, Area Lakes Property Developer Dennis Larson and Attorney Paul Reuvers conferred after the commissioners work session about possibilities while interested attenders chatted in the board room. |
Despite the fact that moving any of Highway 27 is not an option due to the Minnesota Department of Transportations insistence on indemnification from the county, Area Lakes Properties Developer Dennis Larson is planning to move forward with the Copper Fields development.
A special work session was held on November 7 just to discuss Copper Fields where a new plan was presented by the developer. There were several people present both for and against the development, but because this was a commissioner work session Chair Mark Blessing said they would not be taking public comment. Those who did speak were the county's attorney Paul Reuvers, Larson, Larson's Attorney Scott Johnston, members of the county board along with county employees Andrew Dahlgren and Loren Fellbaum.
Reuvers began the discussion with a recap of recent events.
He said that Highway 27 is out of the picture due to the "definitive response from MnDOT." Since the vacation of County Road 55 was conditional based on being able to move 27, the condition could no longer be met. He said that amending the vacation was an option the commissioners could look at.
"At some point this (new plan) will be a plat. Will it include the vacation of 55 or not?" Reuvers asked.
"The reason that 55 needs to be vacated is the same reason for health and safety issues. It is the same way with this second plan. We thought moving 27 was the best plan," said Larson.
"The owners along the road (55) other than one still want the road gone. No one on this stretch has changed their mind," he said.
The new plan for vacation of 55 does not include a total vacation of the road in the development area. It would have two sections vacated, at least for the time being. They would like to eventually vacate all of 55.
He said they have talked to the estate of a landowner in Adam's Addition and have received an oral agreement to obtain a trapezoidal piece of property from them. This would allow lots 1-3 access to 27.
There would be an easement to provide access to the Ellsworth Johnson property which became a necessity because of not being able to move 27.
Johnston said that for the purpose of Copper Fields, they could go ahead with their plat and only vacate the part of 55 that goes through the Klukken property. He wondered if the county thought MnDOT would reconsider moving 27 once they saw the new plan.
Dahlgren said he doubted it.
Larson asked who the letter from MnDOT was addressed to. He was referring to the most recent letter which said in essence that MnDOT would not allow the move of 27 without indemnification by the county.
The letter was addressed to Commissioner Randy Neumann.
Neumann said that he had sent an e-mail to MnDOT in addition to the letter that Reuvers sent to Carol Molnau, the lieutenant governor and transportation secretary.
Larson asked why Neumann had done this.
"It was in my district and I also had help from Senator Bill Ingebrigtsen to get the letter," replied Neumann.
"I thought Reuvers was to do that (get the letter from MnDOT)?" asked Larson.
"He did. I directed him and he did that," replied Blessing.
Reuvers said that the county has done everything they could do. He said they were not comfortable with the indemnification and as it sits now, 27 is off the table.
"It's down to 55 and it has now changed, too. (To the commissioners) Do you want to go forward with a modified version (off the 55 vacation)? Is there something that can work or not? Where is the board at?" asked Reuvers.
Neumann said that he felt all of 55 should be vacated or none of it.
Commissioner David Kircher clarified that the information Neumann wanted to see from Larson was not just for Neumann, but for all of the commissioners because they would all be making the decision.
The next part of the discussion was about a new road using the plan that MnDOT previously approved.
Johnston clarified that he was not sure they had ever received official approval of the new road.
Neumann asked how one property owner would get to her property?
Johnston said he didn't know.
"So you don't care?" rebutted Neumann.
"I didn't say I didn't care, I said I didn't know," replied Johnston.
Moving on, the discussion moved to the outlots that would be situated along Lake Osakis.
Dahlgren said that the outlots would be considered unbuildable and no structures outside of docks would be allowed on them. He said that docking would be regulated by the Minnesota Department of Natural Resources.
The outlots will be attached to the lots and will straddle 27.
Johnston said that 55 is useless for the purpose it was laid out for. If a road is useless, then it can be removed.
"If the state had done the job 50 years ago (removing 55 when 27 was built) we wouldn't be sitting here today," said Larson.
"This road still has purpose," said Neumann.
"It was built for a highway. It is not needed anymore for a state highway. It was not built for sight-seeing. It needs to be abandoned," said Larson.
"We are not asking for a major change, everything is still in the plan," continued Larson. "This development will still happen. We don't have to take 55 out, except for safety. The development will still happen. Being we can't do the original plan, let's do what we can."
Kircher asked if they would need to rescind the original vacation order for 55 or if they could amend it?
Reuvers said there were three conditions on the original vacation. One, there would be a new road 200 to 350 feet from the lake. Two, the new road would provide access to everyone. Three, they would reclaim or remove the old road (55).
He said the board had several options for how to deal with the vacation order. They could rescind it or they could amend it. They could also sit on it, but he didn't recommend that option.
"The question is, will 55 be part of the development or not?" asked Reuvers.
Reuvers said it was certainly legitimate to look at the safety issues. He said as the road authority, the board could vacate a section as now proposed.
"This is the information we need to look at. We will make no decision today," said Blessing.
Neumann questioned who the road authority would be on the new road.
"Are you going to dump it on Gordon Township? Who will maintain the road to Ellsworth's?" asked Neumann.
"It will be an unmaintained road until we find out about accesses," said Larson. (Let's) get going on this and make more money for the county. By leaving 55 in place, there is more lost revenue."
"But you really want to get annexed (into the city of Osakis)," said Neumann.
Larson said that if they get annexed that was fine and if not that was fine, too.
"This development will happen unless Andrew (Dahlgren) tells me differently. This will happen. Don't keep digging. Why do you want to keep losing money?" asked Larson.
Kircher said that they had to think of their constituents.
"There are 25,000 people in the county. I see 12 being represented," said Larson.
Johnston said that there would be a homeowners association that would have to maintain the road if Gordon Township would not take it over.
Reuvers also read some questions that had been submitted prior to the meeting .
Dahlgren said that at this time the application is incomplete with the biggest thing missing being the storm water management plan which is critical.
Blessing said there was a lot of new information for the board to review.
Commissioners Mark Nelson said he had no problem with the alignment as changes.
Neumann said, "There is a safety issue on 27 and you've been the one pressing the safety issue."
Commissioner Gary Kneisl felt 55 should either be all taken out or none of it.
Kircher said he was opposed to vacating any part of 55.
"I am not opposed to development," added Kircher.
"Any road has a safety issue. There are a lot of other issues on the table with the whole process. We have to weigh all the facts and see what affects the constituents," said Kircher.
"People who build homes in this plat will be constituents, too. You need to think of their safety. Crossing of 27 should not be fatal to this (plat)," said Johnston.
There will be further discussion on this at the Thursday, December 6 regular meeting of the board at 10 a.m.