City Council Minutes 2020 02 18 - Laserfiche WebLink

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City Council Meeting Minutes February 18, 2020 Page 12 of 18 and the City should be careful what authority and power we give up to another governmental entity. She is also concerned by of the additional condemnation power the District would have. Councilmember Leh stated that without seeing the GDP and Comp Plan amendments, it is hard to say the criteria is met. He wants to make sure we are following the law and he asked if this is the quality of evidence we need to judge this criteria. Attorney Kelly stated this is the evidence presented by the applicant and the Council will have to weigh the evidence and make a determination based on what they have tonight. Councilmember Leh asked if the City Attorney feels that threshold has been met. City Attorney Kelly stated yes; it comes down to the provisions in the plan that anticipate that future land use approvals must occur and that future service plan amendments require Council approval. Councilmember Leh stated with that he feels criteria one is met. Mayor Pro Tern Maloney stated that in reviewing the service plans all of the powers are subject to an IGA with the City. If the City does not want to give those powers it can be addressed when we consider the IGA specifics. (c) The proposed special district is capable of providing economical and sufficient service to the area within its proposed boundaries. Mayor Stolzmann suggested amending the language in Section VG regarding Inclusion/Exclusion language. She suggested amending it as follows: The Districts shall not include within any of their boundaries any property outside the Service Area without the prier WFi+ten een-sent of the remit y, nor shall it exclude any property from the District without the prier written nensent of the city. Councilmember Lipton stated he supports the spirit of that suggestion but asked if there are legal implications to making this change for the applicant. McGeady stated this language was included because sometimes the legal descriptions miss a small amount of property so this allows a way to fix those errors and also allows for an owner to buy additional property to include. She noted that under state statute even with city approval, the district cannot unilaterally include properties without property owner consent. The applicant supports this language amendment. Councilmember Dickinson stated his understanding is that special districts can only annex and add properties with the owner's permission. He feels keeping this language adds another layer of security by requiring districts also get City approval.