06-17-85 Annexation Committee• June 17, 1985 ANNEXATION COMMITTEE 4:15 P.M.
Chairman Manning and Councilmen Ruiz, Palmer and Springer in attendance.
Mayor McDowell, DPW Hammer, Surveyor Zavodny, Ross Plambeck from Community
Development, Dave Greer from FRIO, Mike Fraser of TD&H, and Rich DeJana
also present.
C. Palmer reported on the City/County Planning Board and Zoning
Commission meeting held in C. Manning's absence. NORTHERN LIGHTS ADDITION
was tabled. There is a Public Hearing set for July 1. There is opposition
to annexation. Board chose to table the issue for review. It was pointed
out that the function of the Board is strictly recommendational. Public
meeting is not necessary but is being done as a courtesy. PUD FOR MIXED
USES was tabled because they felt that they needed to review how a PUD
works as well as who has the authority to review, and the setting down
of criteria. This will be a long time in coming. Attorney Neier pointed
out that the City cannot force Northern Lights to withdraw from the
RURAL FIRE DISTRICT and the City cannot extend fire protection unless
they do .withdraw. C. Springer was of the opinion that if services are
made available and they choose not to avail themselves of the services
(as in sewer and water) that this would take care of that issue. C.
Palmer suggested that Fire Chief Doty be present at the Public Meeting.
It was pointed out that the City does provide fire protection under
an interlocal agreement in that area and provides until the County responds,
• at which time the City withdraws. Surveyor Zavodny indicated that the
law seems to say that the City may annex wholly surrounded lands if
the conditions are met - one of which is withdrawing from the county
fire district. The fire district can also fight withdrawal because
it poses a loss of revenue. C. Manning pointed out that if the issue
of the rural fire district is not addressed in the waiver of right to
protest annexation then of what worth is the agreement? Committee agreed
that the City needs to look at both the extension of services policy
and the annexation requirements.
WAIVER OF PROTEST TO ANNEXATION - C. Palmer asked if the waiver
was recorded anywhere where title companies would have access to it.
If conditions are placed on property then a clause should be included
in the waiver including any other obligations which would prevent the
City from proceeding. If it is not recorded and the purchaser is not
made aware then it is legally void. There was discussion of fees. Fee
structure is in review process at this time. City should not have to
pay for recording.
Discussion of actual meaning of "waiver" - does this construe being
FOR annexation or in a percentage situation would it be a non -vote?
This should be made clear in the waiver.
Committee requested that the filing of the waiver be added to the
annexation process.
ANNEXATION COMMITTEE
isJune 17, 1985
Page 2
SCHWARTZ ADDITION #177, STEBBINS ADDITION #178, OLSON ADDITION
#174 - Committee approved recommending to Council for resolution annexing.
Resolution being used rather than ordinance because they are not under
extension of services so it is a simpler process.
THOMPSON SUMMIT RIDGE ADDITION #175 - DeJana letter presented (attached
to original minutes). Request that same covenants as those for Summit
Ridge be attached to the 3 lots we are annexing and subdividing. Discussion
of intent, zoning (R-4 - no multiple family). C. Ruiz said the neighbors
had a justifiable concern but the City cannot dictate covenants. That
is a civil matter. C. Palmer suggested buying the property and imposing
covenants and reselling as a solution. As long as the conditions of
annexation are met the City cannot legally impose other conditions.
The Committee recommended to Council approval of annexation.
Subdivision Preliminary Plat Approval: Attorney Neier pointed
out that the City needs to approve the preliminary plat subject to annexation.
There was discussion of time constraint. Mike Fraser will file a letter
from the developer showing an extension of the 35 day period up through
June 17.
• Cash in Lieu of Parks: There is a motion on the floor of the Council
asking Attorney Neier to address fair market value vs. actual value.
Extended discussion of this issue. It was pointed out that the City
has the option of having any parcel appraised at the developer's expense
to determine the value of lands for cash in lieu of. C. Springer moved
to let the Council decide cash in lieu of for Thompson's Summit Ridge.
Palmer seconded. After more discussion C. Springer amended his motion
to recommend to Council $500.00 per lot for cash in lieu of parks. C.
Palmer seconded. Committee passed.
Committee recommended approval of preliminary plat.
ZONE ORDINANCE 5.06 - 5.08 - Meeting set for June 26 at 4:00 P.M.
to discuss this. Nick Verma, Ross Plambeck, Attorney Neier and all
others appropriate to be in attendance.
NIGG ADDITION NO. 186 - Apartment Complex. Committee approved
resolution of intent. C. Manning to present to Council.
BUFFALO HEAD TOWNHOUSES - Meeting set for July 10 to discuss green
belt and set backs.
BOARDING HOUSE IN RESIDENTIAL ZONE R-4 - Old Clark mansion on east
side. Community Development is attempting to save by broadening the
definition of boarding house to include bed and breakfast. The neighborhood
is receptive to a bed and breakfast. There has been no formal application
• as yet. It would involve amending the ordinance to allow bed, and breakfast
for the whole area rather than just a single application. Can be formally
amended under conditional use. Ross Plambeck indicated that the choice
is to allow bed and breakfast in an R-4 zone with a conditional use
review process OR write standards into the ordinance up front.
ANNEXATION COMMITTEE
June 17, 1985
Page 3
CONDITIONAL USE PERMITS FOR MULTI -FAMILY DWELLINGS - Building Department
had asked if they should require a conditional use permit since this
issue is under discussion. C. Manning indicated that since there is
an ordinance they should abide by it. Ross Plambeck asked why zone
an area multi -family and then require conditional use? Conditional
use is the only way for neighborhood to review the impact of that structure
in that. area. Discussion of this issue. Perhaps this is the only way
to impose conditions over and above what is in the ordinance.
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