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Council signals it will not support owner request to detach 40‑acre annexed parcel

Baxter City Council · June 3, 2025
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Summary

Staff briefed the council on a late‑2024 inquiry from Mr. Gunsbury asking whether the city would consider a detachment of roughly 40 acres annexed in 2015. After reviewing the annexation purpose and documents, council members agreed with staff that the request should be declined and that owners may pursue statutory detachment through state hearings.

Staff opened the work session by summarizing a late‑2024 inquiry from Mr. Gunsbury, a representative of Hillsbury Force Ventures and Bure Design & Construction, who asked whether the city would consider detaching about 40 acres near the southwest corner of Englewood and County Road 77 (Pine Beach Road).

Staff said the parcel was annexed in 2015 in conjunction with a driveway reconstruction negotiation with the county and that the governing memo (dated May 16) and packet documents show the annexation’s public purposes were street improvements, utilities, environmental protection and orderly development. Staff advised council that detachment through the council’s informal consideration would not be appropriate and that property owners retain the right to seek detachment under the state statutory hearing process. Staff recommended the council respectfully decline the request and direct owners to pursue the state office of hearings process if they wish to pursue detachment.

Council members reviewed the zoning history staff provided and noted that the CI (commercial/industrial) zoning and other designations for portions of the annexed area were adopted after the 2015 annexation as part of standard city planning and utility staging. Multiple council members said they did not see a compelling reason to approve detachment given the area’s prospective development and the stated public purposes of the annexation. One councilmember said restoring the parcel to the county would be “a step backwards” from the original intent, and another noted that the city has already extended water to the area where warranted.

No formal motion was recorded to accept or reject a petition at the meeting; council discussion produced an informal consensus to support staff’s recommendation that the council not reopen the annexation decision and that property owners seeking detachment pursue the statutory detachment/hearing route. The staff memo (included in the packet) and the 2015 annexation materials were identified as the documentary basis for that recommendation.

Next steps: Staff will treat the matter as closed for council re‑consideration unless owners file a formal detachment petition via the state process; any future formal petition would follow statutory timelines and hearing requirements.