Brainerd Mayor James Wallin's first-ever veto of an ordinance proved successful Monday as a motion to override it by the Brainerd City Council failed to receive a super majority vote.
Wallin had vetoed an ordinance regulating specialty food shops that was approved by the council on Nov. 2. He did not sign the ordinance after approval, which is allowed by city charter.
Wallin objected to a point in the ordinance that stated that coffee cannot be roasted on site.
"I feel the wording is too restrictive against one type of specialty shop and is not needed in a B-2 neighborhood commercial district," Wallin wrote in a memo to the council.
With Wallin's veto, the ordinance came back to the council on Monday. A 3-3 tie vote - Council President Kevin Goedker was absent - meant the override motion, made by council member Bonnie Cumberland and seconded by council member Bob Olson, failed. Also voting to override Wallin's veto was council member Anne Nelson Fisher.
As it is, coffee shops currently aren't allowed in B-2 zoning districts. Under the vetoed ordinance, coffee shops were allowed but on-site roasting wasn't.
Cumberland said some people might object to the smell of roasting coffee.
"It's done to protect the neighborhoods," Cumberland said of the language objected to by Wallin.
Wallin said he's never heard of anyone objecting to the smell of roasting coffee and couldn't understand why it wouldn't be allowed in a B-2 zoning district.
A motion by council member Lucy Nesheim to reconsider the ordinance while striking the point prohibiting the roasting of coffee died when it wasn't seconded. A motion to send the ordinance back to the planning commission was approved unanimously.
MATT ERICKSON may be reached at matt.erickson@brainerddispatch.com or 855-5857.
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