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Brainerd City Council: Council advised by city attorney to not discuss Imgrund CUP withdrawal

Posted: October 1, 2012 - 10:25pm

On the agenda for Monday night’s regular Brainerd City Council meeting, Council President Mary Koep stated that council was advised by Brainerd City Attorney Tom Fitzpatrick to not discuss Justin Imgrund’s withdrawal of the conditional use permit and application.

Imgrund withdrew his application for a conditional use permit to locate Imgrund Motors at Northwest Second and Washington streets in Brainerd on Sept. 26.

A process that has been ongoing since August, Imgrund’s application was granted a 60-day extension to allow more time for review at the Sept. 4 Brainerd City Council meeting and again tabled the issue of a decision on Imgrund’s application for a conditional use permit for an automotive sales and service business near the Tyrol Hills neighborhood during the Sept. 17 council meeting.

Imgrund originally applied for conditional use permits to put in an automotive sales and service business and for a variance for less green space than required for the undeveloped lot on Washington and Northwest Second streets, just west of the Mississippi River, during an Aug. 9 Brainerd planning and zoning commission meeting. The lot, near Ace Hardware, has been home to Balsam Lane’s Christmas tree sales each winter and abuts the Tyrol Hills residential area.

Residents of Tyrol Hills openly opposed Imgrund moving his business to the area during the Aug. 20 council meeting, with many voicing concern that the business will greatly affect the neighborhood through noise and lowering property value.

During the Aug. 20 meeting, following a lengthy open forum on the matter, council made a motion to postpone and readdress the permit. The motion was approved 5-2 with council members Bob Olson and Mary Koep voting no.

The 60-day extension from the Sept. 4 meeting was approved 6-1 with council member Kevin Goedker voting no.

Since the Sept. 4 council meeting, the Imgrund’s have met with Tyrol Hills residents to comply with city ordinance and were working with KLD to prepare a final site design to be presented at the Oct. 1 council meeting. During the Sept. 17 meeting, Imgrund requested extra time on a city decision to better prepare a site design presentation.

■ Other Council business:

Council unanimiously approved the proposed settlement with Tom’s Backhoe Service, Inc., and a city payment of $22,122.35 as recommended by Fitzpatrick. The agreement releases the city from the lawsuit.

Heard from State Rep. John Ward, DFL – Brainerd made an appearance to speak during the public forum. Rep. Ward commented on the district re-zoning, his representation moving from District 12A to District 10A as of Jan. 1, 2013 and added that he will be hosting an aquatic invasive species forum on Oct. 17. The forum, running from 6:30-8 p.m. at Ideal Township Town Hall, will include representatives from the Department of Natural Resources and a local panel.

“It’s so important, especially in our area that thrives on tourism, to get ahead of these invasive species,” said Rep. Ward.

Koep suggested that council members investigate and consider forming some type of business review board to help bring employment and business to the area. The council added it for discussion to the next meeting’s agenda.

Call for applicants for the following positions:

• Cable TV advisory committee, one term, to expire Dec. 31, 2012.

• Economic development authority, one term, to expire Sept. 7, 2013.

• Transportation committee, two terms to expire Dec. 31, 2013.

• Library board, one term, to expire Dec. 31, 2013.

JESSI PIERCE, staff writer, may be reached at 855-5859 or jessi.pierce@brainerddispatch.com. Follow her on Twitter at www.twitter.com/jessi_pierce (@jessi_pierce).

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DiscipleofSin
5208
Points
DiscipleofSin 10/02/12 - 07:36 am
7
1

we need a new council ....

we need a new council ....

"Koep suggested that council members investigate and consider forming some type of business review board to help bring employment and business to the area"

here's an idea, how about you stop getting in the effing way.

terrybones
519
Points
terrybones 10/02/12 - 07:39 am
6
2

wow

Somebody wanted to move a business INTO Brainerd, and the city was too concerned over a couple of trees to not allow it. Koep wants to form a committee that focuses on bringing business to Brainerd? How about starting by letting them come when they want rather than chase them away. Why should it take so long (extensions) to decide? Are these people so worried about the election that they are just trying NOT to upset people instead of doing their jobs? Pathetic. The whole lot of them should be removed from office and replaced with people who actually want something good to happen in Brainerd. Unreal.

terrybones
519
Points
terrybones 10/02/12 - 08:31 am
4
0

Disciple...

Sorry for copying your thoughts. I must have been typing when you posted. It does seem terribly silly that she said that, while doing what she could to keep this from happening.

charlie m
7662
Points
charlie m 10/02/12 - 08:51 am
3
2

City Council must go

Haven't lived in Brainerd for several years but it is quite obvious that the upcoming elections better play a heavy role in the city council if Brainerd wants to move forward. The current group of clowns needs to be retired. They are destroying the city. It's worse than Baxter and that's bad.

minnesnowda
16791
Points
minnesnowda 10/02/12 - 09:12 am
5
8

Just wondering

if you folks would like an auto repair shop to be in your neighborhood?

Governing is not easy. It's a balance between what the citizens want and what businesses want. That appears to be the dilemma here. (Not green space.)

Easy to criticize until you sit in power and your phone rings day and night from constituents on both sides of the issue.

I have empathy for elected officials. Not that I always agree with them. Easy to sit on the sidelines and judge, isn't it?

hein1ric
2333
Points
hein1ric 10/02/12 - 09:23 am
7
0

It's simple

If they don't want a commercial business on commercial property then they should buy it.

muehlbau
19192
Points
muehlbau 10/02/12 - 09:27 am
8
3

Honestly, Snowda...

...have you ever driven down Washington Street near Ace Hardware? It's not a residential area.

Household 6
499
Points
Household 6 10/02/12 - 09:39 am
12
0

Well snowda,

I do have an auto repair place in my neighborhood, right across the street.. They are lovely neighbors to have. They're quiet, they wave, they close at 7pm and I don't hear a peep. Sometimes during the work day I hear an occasional impact wrench if they have the big doors open, but otherwise I barely know they're there. They keep their property maintained, traffic stops after the business day --aside from the occasional tow truck after hours. Much better then the low income housing development they wanted to build in its place.

themamaof2
80
Points
themamaof2 10/02/12 - 10:12 am
5
1

a new council

Please Remember all the stories. Nov 6th make the right choice not the same old same old
make your choice "the right thing to do" out with the old in with the new.

charlie m
7662
Points
charlie m 10/02/12 - 10:43 am
6
2

Auto Repair Shop in my neighborhood

Snowda, An auto repair shop would be a great improvement over your messy yard, in my neighborhood. My vote goes to the Auto Repair Shop.

minnesnowda
16791
Points
minnesnowda 10/02/12 - 11:28 am
3
6

Drive by that site

it would be nearly in the yard of a residential neighborhood.

NIMBY = Not In My Backyard. People like business expansion but often fight it when it encroaches on their property, lowering their house values.

This same debate came up with the coffee roasters that applied to be in Brainerd, near residential homes.

Again, not sure how I would have voted, but there is a fine balance between preserving neighborhoods and what businesses are compatible with them.

I am sticking to civil debate here, and not going to engage in trying to 'out' other posters or name call. BTW, I know who many of the posters are but I would never engage in that sort of behavior that is borderline threatening. ("I think I know who you are." "I know where you live." "I live by you." ) Do others approve of this behavior?

terrybones
519
Points
terrybones 10/02/12 - 11:48 am
8
0

snowda

Is the lot zoned commercial? If the people over there do not want a business near them, they should have went to the council a long time ago and got the zoning switched. The fact here is that government stopped a legal business that wanted to open their business in an area zoned for business. Pretty simple.

suicideispainless
1260
Points
suicideispainless 10/02/12 - 11:57 am
5
5

Growth

I for one, aren't displeased with this. This area has car dealerships, big box stores and chain restaurants coming out of its ears... Yet unemployment remains high and wages low.. I feel its mostly caused by the fact that these business' are all cash exporters. They import goods and send the cash away..
I think Brainerd/Baxter and the county should form a commitee to look at bringing in some dollar importers.. And don't put the same old on it, new faces or some from the cash import side...Clow stamping, and Lakeland Mold types that export products and import cash....Over time that will put growth into the local economy. More dollars to then go around...
Just thinking out loud here.....

sadiemarriedlady
22960
Points
sadiemarriedlady 10/02/12 - 12:04 pm
5
1

Is it zoned commercial?

That is my question -- is the lot zoned commercial?
If not, how has the tree place been able to operate there?
If it is zoned commericial, then that is the answer, a business
can go there.
I do know the neighborhood and have walked through there, but again, if it is zoned commercial, a business can go there.
I guess all neighborhoods may want to check the empty lots and see how they are zoned.,

I do have a problem with a situation where someone owns property and neighbors try to tell them what they can't do with it. They have been paying taxes on the property, I assume.

I do not envy anyone on this city council, but if we do need more business, than let's prove it by being cooperative.
I think the green space deal is just some excuse.

muehlbau
19192
Points
muehlbau 10/02/12 - 12:10 pm
7
2

That is clearly a commercial area, Snowda...

...I have no sympathy for someone who buys a home next to a commercial business area and then acts shocked when businesses move in. I grew up within a block of a Midas muffler shop and it neither lowered property values nor created a nuisance. The people who are complaining want to control how an empty lot is used without purchasing it or paying taxes on it. That's not right.

Household 6
499
Points
Household 6 10/02/12 - 01:31 pm
7
0

After driving by,

I'm no planning engineer, but it looks to me like a building in that lot might actually be a decent sound barrier from the traffic sounds from Washington street and the train tracks. I can't imagine how loud the train horns must be at all hours of the day and night right now. I bet that sound resonates right off the river and into open windows. Not to mention the Jake brakes from the semis that go by 24 hours a day.

It sees to me like this is a group of old retired property owners that just want to flex their muscles because they can. I just can't wrap my head around the concerns of noise when these houses are four blocks from the train tracks.. And the condition of those access streets are shameful. Wouldn't it improve the neighborhood to have Imgrund's pay a nice chunk of property taxes and have 2nd street resurfaced? The place looks like ghetto.

Lifelongresident
3798
Points
Lifelongresident 10/02/12 - 01:45 pm
6
2

Scary, It isn't zoned for green space at all!

A varience was requested to reduce the amount of green space necessary. This whole issue has been caused by the City Planner not doing his job, as usual, and by slipping the B-4 zoning through without the City Council being aware of it.

"The property is zoned for general business, which allows auto sales and repair. Ostgarden said about 10 people, mainly from the nearby residential area, spoke against granting the conditional use permit or the variance. Ostgarden said residents missed an opportunity when the city was rezoning land along Washington Street last year and could have voiced a desire to have the zoning restricted to office space."

Earlier Dispatch Article

muehlbau
19192
Points
muehlbau 10/02/12 - 01:55 pm
6
2

Brainerd doesn't even have a "green space" zoning category...

...undeveloped commercial lots are required to have a certain amount of green space when they are developed or they need a variance. No where in the article does it state that Imgrund was asking for the lot to be rezoned, and the lot had previously been used for commercial purposes. So unless the reporting is exceptionally shoddy, this is a variance issue regarding a commercial lot, not a rezoning issue

sadiemarriedlady
22960
Points
sadiemarriedlady 10/02/12 - 02:45 pm
3
2

Can't we all get along?

The more I read about the "green space" issue and how is is zoned is making me irritated. I do not know if Imgrund currently owns the land or would buy it or rent it. Someone apparently owns it and has paid taxes on it.

It is tough when there is a residential area next to a commercial area, they need to learn to all get along.

Don't like the trend of saying "no" to potential new business.

Household 6
499
Points
Household 6 10/02/12 - 05:28 pm
4
1

LOL terrybones

The best way to create new jobs in Brainerd? Vote all the City Council out, and see how fast all their buddies in the City make new consulting positions for them.

pickle
13842
Points
pickle 10/02/12 - 06:19 pm
4
1

wrong

DOWN SIZE THE GOVERNMENT. I have to maintain 75% green space while somebody down the road can pave his whole yard.

tripwire3
4725
Points
tripwire3 10/02/12 - 06:39 pm
5
3

Yep

We should all heed the advice of the Obama campaign and vote like our lady parts depend on it.

hein1ric
2333
Points
hein1ric 10/02/12 - 08:16 pm
5
0

Take a look

Go behind Ace and Walgreens. I think the old people in the area should have paid attention a long time ago. Your neighborhood is less than ideal.
I would bet that you all have fake Christmas trees too.

muehlbau
19192
Points
muehlbau 10/02/12 - 08:22 pm
6
1

I'll really miss my lady parts...

...but it will be worth it to get rid of Obama!

tripwire3
4725
Points
tripwire3 10/02/12 - 08:36 pm
5
0

hein1ric

At our age, fake anything is just fine. We're just too tired to care.

muehlbau
19192
Points
muehlbau 10/02/12 - 08:37 pm
4
2

Roh roh! Obama campaign in full panic mode...

Uncut video of Obama circa 2007 to be released

http://dailycaller.com/2012/10/02/obama-speech-jeremiah-wright-new-orleans

Nice (fake) accent. Nice (real) racism.

hein1ric
2333
Points
hein1ric 10/02/12 - 08:59 pm
5
0

Trip

Better to be old-than young and not remembered. I knew that this would turn political as usual. Can't wait until the election is over.

tripwire3
4725
Points
tripwire3 10/03/12 - 06:27 am
2
0

hein1ric

I'm with you there.

OldFarmBoy
35861
Points
OldFarmBoy 10/03/12 - 07:39 am
0
1

hein1

I see you took my advise & bought some Geritol at your age. You can make it past 8:00 PM now.

Nothing in 80-100 yrs ago to get ya!!!

danegan
107
Points
danegan 10/03/12 - 09:10 am
2
0

Tyrol Hills Zoning

No where in the entire city of Brainerd does an R1 or R1a zoned property abut a B4 commercial property. That seemed to me to be a big reason for the residents of that area objecting to the use of that property. This property was re-zoned to a B4 by mistake(according to a city council member). It was intended for B2, which in this case, would not be suitable for the type of business Imgrunds wanted to establish there. I'm guessing now that the CUP has been pulled off the table, P&Z will correct the mistake and this property will be re-zoned to B2.

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