Clearwater City Council and the Clearwater Township Board ended a two-plus year discussion and signed an orderly annexation agreement (OAA) Monday.
The action came after a two-hour joint public hearing before approximately 20 people at township hall.
Most of the evening’s discussion took place between city and township officials and their respective attorneys regarding terms and language in the 13-page document.
Township Attorney Mike Couri opened the evening’s discussion with a review of some of the major points of the agreement, which covers an area bisected by Co. Rd. 75, I-94 and Hwy. 24.
Couri said an OAA is an agreement between the city and township on how, when and under what conditions land is going to get annexed into the city.
For taxation reimbursement, the city will give the township a one-time payment (up front) of $500 per acre for unimproved land, which is defined as any parcel except land less than five acres with a residential structure or land 10 acres or less that contains a principal commercial or industrial structure.
For improved land, for a five-year period, the city will pay the township the full amount of the taxes levied by the township in the year of annexation.
“That compensates the township for never being able to tax that property again,” said Couri. “The city will tax the property in the future.”
The “triggers” for annexation include: For non-industrial or commercial properties, if the property owner has applied for the property to be subdivided or rezoned to commercial or industrial, it can be annexed by the city.
Commercial or industrial properties can be annexed if the septic or well has failed, or the property is sold and city water and sewer services are available, or at least 10 years have passed since the city has installed a municipal water or sewer line abutting the property.
Officials and the attorneys debated the definition of the term “abutting” before finally agreeing on the correct language to avoid future disputes about where water and sewer lines should be located in proximity to a specific parcel to be annexed.
There was also a lengthy discussion about when an annexed property would be required to hook up to city water and sewer once it became available.
The agreement also provides for immediate annexation of four parcels, including the site of Mathison Motors.
Couri said planning on all land within the OAA area is currently under the authority of Wright County Planning & Zoning. He said applicants will still go to the county if they have a zoning request. But if someone is going to apply to the county for a conditional use permit, variance, interim use permit or rezoning, the city must also be given notice.
At the conclusion of the meeting, city and township officials were in agreement about the document and language changes proposed by the attorneys. They approved the document, subject to final review by the attorneys. The final document should be available on the city’s website once those changes are made.
Couri said once the township and city agree on it, the state can review it and make comments but not changes.
“If the agreement meets the statutory criteria, which we think it does, they must approve it,” he said.