About 36 acres of land the city acquired with the purchase of the hydro dam is one step closer to being annexed.
At a Brainerd City Council meeting Monday, the group held the first reading of a proposed ordinance that would annex about 36 acres of land, currently in Unorganized Territory, to city land.
The second reading and public hearing will be held at the council's next meeting.
The city may annex the unincorporated property simply by passing an ordinance since the city owns the 36 acres, which is located west of the Mississippi River.
The hydro dam will become part of the city in the process.
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Once the land is annexed, it will have to be assigned a zoning classification, which the Planning Commission will determine.
Council member Mary Koep said she wanted to make sure the annexation wasn't a "backdoor rouse to annex people that don't want to be annexed."
That was never the intent, said City Council member Gary Scheeler.
In other council news:
Unanimously voted to withdraw a petition to the county for a hearing on a street project dispute with Oak Lawn Township, as an agreement has been reached.
The initial dispute centered around a shared street and what the equitable cost split should be between the city and township in a street reconstruction project.
At issue is about 500 feet of 28th Street that lies in both the township's and city's jurisdiction.
Oak Lawn backed out of paying for the estimated $42,000 for the project, so the city of Brainerd petitioned the county to settle the dispute. Before that hearing was held, Oak Lawn and the city gave it one more try to reach an agreement.
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That agreement says Oak Lawn Township will pay half of the project, with Faith Baptist Church (property owner of the 500 feet), paying the other half.
At Monday's meeting, the council approved the joint agreement, as well as a second agreement that says should the city ever force annexation within the next 15 years, the city will refund the township the cost of the project.
More specifically, should the area be annexed in the first five years, that the city pay back the full amount the township paid in repairs (an estimated $21,000). In every year after that, 10 percent would be taken off. For example, in year six, for the city to repay 90 percent. In year seven, 80 percent. That would decrease until 15 years, when that refund would be zero.
That agreement doesn't take effect if a property owner requests annexation.
Heard that the idea of imposing a $1 per utility billing user fee to raise funds for the deteriorating water tower is not possible. City Attorney Eric Quiring said after researching the idea, he found the city does not have the authority to impose the fee.
Directed staff to draft an ordinance in regard to establishing criteria as a basis to deny issuing building permits.
The issue first came up a few weeks ago when the council was discussing code enforcement on a long time building permit. The council agreed it needed specific criteria should it need to deny a permit application from a resident.
City staff said they were advised the council can deny permit, but it must have justifiable reasons to do so.
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City staff will draft a proposed ordinance and bring it back before the council at its next meeting.
