The orderly annexation agreement (OAA) between the City of Clearwater and Clearwater Twp. will likely require another joint discussion before the document language is finalized.

 

Monday, the Clearwater Twp. Board and some residents reviewed some of that language at the monthly meeting.

 

Clerk Jean Just said the township’s attorney Mike Couri reviewed the latest draft and made some recommendations.

 

One change was a clarification that annexed properties must be within the Orderly Annexation area, but not necessarily abutting the city.

 

Another clarification was that the township should receive payment up-front for unimproved land, and taxes for improved land will be paid to the township  over a five-year period after annexation.

 

The legal description of the OAA and parcels was also modified slightly.

 

Supervisor Scott Miller began a discussion about one of the terms of the agreement about withdrawing an application. 

 

Under the current language, a property owner who has petitioned to rezone to a commercial or industrial district has 14 days to withdraw the petition or the property will be annexed into the city.

 

Miller felt the 14-day window seemed too short. He said if a potential buyer approaches a landowner to rezone property to commercial for a new business, but then backs out at the last minute, it might not give the landowner time to withdraw the petition.

 

“There’s potential for the land to be rezoned without having time to rescind the request,” said Miller. “That landowner can get stuck with property that would go from ag to commercial with any real request of his own.”

 

Supervisor Bill  Langenbacher said it probably wouldn’t happen that way.

 

“But I see the potential that it could happen,” he said.

 

Members of the board agreed to recommend changing the withdrawal window to 21 days instead.

 

When the discussion was opened to the public, a number of residents and property owners expressed their concern over the agreement.

 

Jim Ergen said taxes would go up almost 40% for any property annexed by the city. He asked whether residents had any choice about the agreement.

 

Miller said the agreement actually stops, or at least slows down the city’s power to annex property.

 

“We’ve tried to make the best deal for our citizens and our tax base,” he said. “They can’t just come in and take your 80 acres tomorrow and zone it commercial. You have to come to them and request it.”

 

Wright County Commissioner Darek Vetsch, who was in the audience, said the township was getting a good deal compared to the alternative. He said the city is under no obligation to negotiate with the township.

 

“They can go under state statute and annex the township continuously. Without an orderly annexation agreement, the city can just take your land,” he said. “Unfortunately, that’s what case law is.”

 

He said the fact that the township will get five years of taxes for annexed properties is “extremely generous” compared to other agreements he knew of.

 

“They don’t have to bargain with you at all,” he said.

 

Langenbacher said the agreement can be revised if both parties agree, and it is likely to be reviewed every five years.

 

The township is scheduled to meet with the city council Wednesday, May 22 at 8:30 a.m. at Clearwater City Hall to go over the language changes.