Carroll County supervisors vote to rescind "28E" two-mile zoning agreements with Carroll and Glidden after public comment

The Carroll County Board of Supervisors voted on Feb. 3 to rescind prior 28E agreements that gave the City of Carroll and the City of Glidden zoning authority in parts of their two-mile extraterritorial areas.

County staff read a resolution saying the existing 28E agreement with the City of Carroll — originally filed with the Secretary of State on June 26, 2008 — and "any and all other related resolutions, ordinances, and motions of Carroll County are repealed effective 30 days from the passage of this resolution," the county read as part of the proposed Resolution (text as read at the meeting).

Carroll Mayor Jerry Fleshner addressed the board in defense of the current 28E arrangement and urged supervisors to vote no on rescission. "Carroll City Council believes they have been working in good faith with the Board of Supervisors," Fleshner said, and asked the board to continue negotiating with city leaders and county attorneys to refine the agreement rather than rescind it. "On behalf of the entire city council, I'm asking for a no vote this morning on this issue," he said.

Residents who live in the two-mile areas opposed the continued city zoning control and urged rescission. Colin Wernemont, who said he lives in the two-mile area, addressed the board: "We cannot vote for city officials. We cannot run for city government. We do not pay city taxes. Therefore, we shouldn't have city policies forced upon us," he said, urging the county to eliminate the 28E arrangement.

Supervisor discussion followed public comments. Supervisors repeatedly said the 2008 agreement needed updating and that the county had received petitions and calls from residents asking for rescission. One speaker representing petitioners referenced legal opinions and said the state default standard for urban-transition zoning is a quarter-mile under state law; supervisors noted that rescinding the county's 28E agreement would revert the county to the state default and start a process of reworking any new intergovernmental arrangements.

The board conducted a roll-call vote on the resolution rescinding the City of Carroll's 28E two-mile zoning agreement. The roll-call recorded: Anderson — Yes; Hausman — Yes; Johnson — Yes; Miners — Yes; McCray — Yes. The motion carried.

Following the Carroll vote, supervisors considered a near-identical resolution to rescind the City of Glidden's 28E two-mile zoning agreement. Supervisors said they had reached out to Glidden officials and were told the city had no strong objection; the board again passed the resolution by roll call: Anderson — Yes; Hausman — Yes; Johnson — Yes; Miners — Yes; McCray — Yes.

Supervisors and staff said rescission will not preclude the cities from returning with a new agreement; they encouraged continued discussions and indicated public hearings and legal review would follow any new proposals. County staff noted the rescissions would take effect 30 days after passage, subject to legal review and any requirements spelled out in the resolutions as read.

The meeting record includes a City of Carroll letter describing prior meetings between city council members and the county, and the city manager's statement that the city was willing to continue discussions to develop a new 28E agreement both bodies could approve.

Votes at a glance

- Resolution (as read at meeting) rescinding City of Carroll 28E two-mile zoning agreement: Passed by roll call (Anderson: Yes; Hausman: Yes; Johnson: Yes; Miners: Yes; McCray: Yes).

- Resolution (as read at meeting) rescinding City of Glidden 28E two-mile zoning agreement: Passed by roll call (Anderson: Yes; Hausman: Yes; Johnson: Yes; Miners: Yes; McCray: Yes).

Next steps discussed included legal review, potential public hearings if cities return with new proposals, and staff work to implement any mapping or zoning changes required by rescission.