The Clearwater City Council last week reviewed a draft Orderly Annexation Agreement that will be discussed with Clearwater Twp. in the next few weeks.

 

Last Monday. Administrator Kevin Kress presented the nine-page document, which has been reviewed by the city attorney.

 

Kress said the major differences between the proposed agreement and the existing agreement is the phasing process. The annexation area is divided into two areas.

 

The city may annex land within Annexation Area 1 by resolution any time after the agreement is approved by both parties.

 

Under the new language, land in Annexation Area 2 can only be annexed after lands in Area 1 are annexed.     

 

The city can also annex land in Area 2 if: 

 

A. It is completely surrounded by property in the city;

 

B. There has been a septic failure and the landowner is unable to install a replacement system;

 

C. There has been a contamination of the primary well located on the property.

 

Kress said the city could also annex land in Area 2 if requested by the landowner.

 

“If somebody comes in and says they want to build in Phase 2 and we haven’t annexed everything in from Phase 1, we could still  annex that parcel with no issue,” he said.

 

Under the agreement, any development in Area 1 has to follow city zoning ordinances.

 

Councilman Richard Petty said there should be language in the agreement preventing any development in Area 2 that is not consistent with future city development.

 

He said an example would be a 40-acre farm in Area 2 that is divided into five-acre lots.

 

He said the development wouldn’t have to be in compliance 100% with city ordinances, but the planning commission has to approve it first.

 

“Maybe the houses need to be positioned so it can accommodate future higher density,” he said.

 

He said in East Bethel, they require “ghost platting” to show where future homes would be located.

 

Engineer Joe Pelawa from Bolton & Menk said the council should also consider what happens if development continues in one direction. For example, if annexation moves east along Co. Rd. 75 and reaches the end of Area 1, can it continue along Co. Rd. 75 if the Area 1 to the west and south is not annexed?

 

He felt there should be a way for the boundary to systematically move as annexation happens so as not to prevent growth in any direction.

 

Councilman Kris Crandall said the township’s input on boundaries will be important.

 

“I remember the first agreement process. They didn’t want us to gobble up the township,” he said.  “I think getting the township’s opinion is going to be very valuable.”

 

Kress said it will be joint agreement.

 

“We’re not interested in just starting to grab parcels. That’s not the intention of this agreement,” he said.

 

“This document should make things easy so when growth happens on their end and our end, that everyone is on the same page,” said Mayor Pete Edmonson.

 

Kress said rather than have the city determine where boundaries for Area 1 and 2 should be, they should sit down with the township at a workshop and discuss it.

 

“Here’s the map,” Kress said the council should say to the township. “What do you guys expect to be in Phase I and tell us why.”

 

“We’ll probably find out the lines they draw are probably the same as we’d draw,” said Edmonson.

 

Kress said he would try to set a date with the township for a worksop to discuss the agreement.