After another 90-minute discussion Wednesday, the City of Clearwater and Clearwater Township should be approving an Orderly Annexation Agreement (OAA) shortly.
The city called a special council meeting for Wednesday to discuss a handful of issues, the biggest is the OAA, which will establish ground rules for future city growth.
After a 90-minute meeting two weeks ago, both sides had revised some language in about the first two-thirds of the 12-page draft agreement. In that discussion they agreed on taxation reimbursement once property is annexed.
They also agreed on conditions for annexation: septic system failure, well failure or sale of the property.
They agreed on responsibility for road maintenance on shared roads and on township roads that have increased traffic as the result of annexation.
Wednesday, in addition to Mayor Andrea Lawrence, and Councilmen Wayne Kruchten, Richard Petty an Vern Scott, there were three representatives from Clearwater Twp: Clerk Jean Just and Supervisors Rose Thelen and Scott Miller.
The discussion began on the notification process. Councilman Richard Petty said there has to be a process where the city is informed when a property owner in the orderly annexation area intends to do any improvements or change the land use.
“I just found out there’s another business going up (on Co. Rd. 75),” he said. “Structural (Buildings) just built another building.”
That building is next to Danco, another business that built a structure in the OAA where the city had no say in the decision.
“I’m really fearful of the notification part. We have to rely on the fact that we’re notified in order to act on this agreement,” he said.
Petty said every time a business starts in the OAA, it makes if more difficult for the city to extend services.
“That’s further that water and sewer has to run, which means further down the line, a developer has to pay more,” he said. “Or our taxpayers are going to have to pay more to get it there in order for that to become commercial property for the city.”
He wanted to make sue there was language in the agreement where the city didn’t get surprised by a new business opening without the city’s knowledge.
Another issue was whether to allow current agricultural properties in the OAA to construct farm-related buildings without notification. Since the zoning wouldn’t change, there would be no requirement for the county to notify the city, even though the land was in the OAA.
Administrator Kevin Kress in some annexation agreements, even building new farm buildings isn’t allowed because it can inhibit future growth. But council members didn’t see the need to disrupt a farm operation as long as the property wasn’t re-zoned for another use.
The group also discussed utility connection fees, deferred assessment of properties for water, sewer and street improvements, and a sunset time for annexing properties.
Both sides are going to have their attorneys go over the new comments and revise some of the language. If both sides agree on the changes, there won’t be a need for another joint meeting and a public hearing can be scheduled.
If there are still issues, the groups will meet again to iron out the details.
Kress said the township might also consider setting a moratorium on any new applications in the OAA until the agreement is signed. That way, the issue Petty brought up about new development could be avoided.
Clerk Jean Just said they would discuss it as a board and talk to their attorney about it.