Imgrunds, supporters appeal for reversal

BAXTER - Imgrund Motors auto repair service center in Baxter was closed two weeks ago after the business' conditional use permit was revoked.

On Tuesday, the Baxter City Council heard from several people in support of allowing the Imgrunds to re-open their business but took no action to reinstate the conditional use permit. On the advice of their attorney, council members also declined to discuss the concerns brought up by Imgrund's supporters.

The permit was revoked and a stop work ordered issued after the Imgrunds failed to meet an Oct. 1 deadline for installing siding on the building as part of a settlement agreement with the city stemming from a 2008 lawsuit filed by the Imgrunds contesting the city's architectural standards ordinance.

On April 6, the Imgrund's attorney, Tom Pearson, asked the Baxter City Council to accept the Imgrunds' admission of a mistake and be allowed to continue with work to their building. Following an lengthy closed session, the council reached a consensus to follow stipulations of the settlement agreement signed by the Imgrunds and the city.

On Tuesday, the Imgrunds, with about 30 supporters, again appealed to the Baxter City Council to allow work on the building to be completed and the service center to re-open.

In a memo read by city attorney Brad Person, the city's League of Minnesota Cities-appointed attorney to handle the Imgrund lawsuit, David Quealy, said Imgrund was in breach of the settlement agreement, which he read over with his attorney and had signed.

Imgrund had until Tuesday re-apply for a conditional use permit which would allow the city to expedite the approval process, but he did not, Quealy said.

"In short, on June 8, 2009, when Mr. Imgrund executed the settlement agreement he took control of the fate of his continued conditional use permit," Quealy wrote. "For whatever reason, he did not do what he agreed to do, resulting in the automatic revocation of his conditional use permit."

Quealy wrote that additional comment by the city on Tuesday would be inappropriate.

During the public comment portion of Tuesday's agenda, about a dozen people spoke and all said the right thing to do would be for the city to reinstate the conditional use permit and allow the Imgrunds to re-open their business and finish the work to their building.

Justin Imgrund said he was being treated unfairly because the city hasn't followed its own ordinances, which state any permit or license can be suspended for a period not to exceed 15 days. He said Wednesday would be the 15th day, and asked if that meant he could re-open his business. He also said the settlement agreement does not supersede city ordinance or state law.

"I'd like an answer, if not tonight then in the near future, why I'm being treated differently than everyone else," Imgrund said.

In response to a statement in Quealy's memo that Justin Imgrund had threatened litigation over the breach of the settlement agreement, Tom Pearson, the Imgrund's attorney, said there's been no active, threatened or pending litigation initiated by Justin Imgrund. Justin Imgrund asked if it was the city that was threatening litigation.

Pearson said just because the city has the ability to revoke a conditional use permit doesn't mean it has to. He also said it would take very little for the city council to rescind the revocation of the permit and to issue permits for siding.

Pearson said there was a June 1 deadline for performance on the work at the service center.

"There's a breach going on right there by the city in not allowing the Imgrunds to finish that work," Pearson said.

Jon Ring said he's had issues with the Baxter City Council in the past.

"I'm frustrated when the city council itself is fighting the people it's supposed to be representing," Ring said.

Another man, who works as a contractor, said this was not the first time that he's heard of such issues in Baxter and believed the council's architectural standards ordinance was more about power than anything else. He also said he preferred the up north look to the suburbs look advocated for the in the ordinance.

An employee of Imgrunds, Zebulon Hodel, said he's been out of work since the conditional use permit was revoked and the city's decision was affecting him financially. Michael Brown echoed Hodel's concerns, saying the city's actions are affecting employees with children while costing the taxpayers money in attorney fees.

Marc Carley said he avoided moving to Baxter because of its reputation for being a city in which it's difficult to start a business. Carley said the Imgrunds have made a good-faith effort and the property looks better for their work.

"The common sense thing to do and the right thing to do is to make sure it gets done," Carley said.

Former Baxter City Council member Mary Marana said it seemed like the city was going after the Imgrunds for no reason, and if council members were to drive through the city they'd see many other violations.

Craig Walters asked if it was common for police officers to be dispatched to help building officials deliver a stop order and what council members response was to coming across like "school-yard bullies." When he asked about the police officers in general, Mayor Darrel Olson said the council wasn't commenting on the issue but was listening to comments from the public. Olson said the city was at a disadvantage in not having its legal council present, and the Imgrunds did.

"There are two sides to every story," Olson said.

Council member Jim Klein offered to join Community Development Director Bill Deblon and building official Bob Baumann in meeting with the Imgrunds to settle the issue. City attorney Brad Person said the city has met eight to 10 times in the past two years with Imgrund to try to settle the issue and if the issue is discussed at an open meeting without lawyers present it could jeopardize remedies.

"I think we got his attention this time," Klein said. "We want this thing resolved."

Council member Todd Holman said the council should follow the advice of its attorney. Ring replied that it doesn't take an attorney or his tax dollars to do what is right.

MATT ERICKSON may be reached at matt.erickson@brainerddispatch.com or 855-5857.