Council views new pre-annexation agreement

At last week’s regular meeting, the Sundance City Council heard that City Attorney Mark Hughes has prepared a new pre-annexation agreement for developments on the edges of town. However, he said, he is unsure as the legality of using them.

Pre-annexation agreements have historically been signed by subdivisions and other developments wanting to hook onto the city’s utilities. In return, they agree to give Sundance the right to choose to annex their development should the city deem it necessary at some point in the future.

Hughes told the council that he believes the idea of pre-annexation agreements began in Campbell County many years ago, when Gillette was “growing by leaps and bounds”. He believes they were successful because people want water and sewer and would prefer to get those things through the city.

However, he said, he is not sure if they are enforceable and can find no precedent to suggest that a development can be forced to come into the city on the basis they signed an agreement 20 years prior.

Hughes stated that he still feels the council should go ahead with updating its annexation agreement and asking new developments to sign it. However, he said he would like to include a legal description in the agreement and a stipulation that it be recorded in the chain of title so that a future buyer in the development has notice of the possibility of annexation.

Hughes also informed the council that he is drafting a water agreement for the landowners near Loafman Springs, a leaking line from a spring that has not been used as city water for many years. The Crawfords requested to use it for livestock watering several months ago but would now like to use the water as a domestic source, he said, though the original agreement says it will not be put to such a use.

Hughes suggested that, on this basis, the city may want to look at revising the rate, which has been set at $35 per year. He also said he would like to include disclaimers that the water will be raw and will not be treated by the city.

Gary Gill was present at the meeting to step in as Sundance’s new fire chief. Mayor Paul Brooks explained that Chris Tomford has been voted out.

Tomford has done nothing wrong, Brooks said, but occasionally there are disagreements within the fire hall. Department members want Tomford to stay around for his expertise, Brooks added.

At last week’s meeting, the council also heard that the Department of Environmental Quality expects to send word about the city’s proposed new construction and debris pit by December 18. Clerk-Treasurer Kathy Lenz stated that she thinks the city is still looking at March before the pit could be completed and opened.

Lenz also presented six bids for the design of Central Park, the green space next to Old Stoney. The low bidder was Norris Designs at $99,577.50, she said, which just so happens to be the current employer of Kelley Savage, who created the initial concept drawings for Sundance’s Main Street study.

The council passed a motion to approve the low bidder.

The council passed a first reading of its newly developed Garbage Collection Requirements. Though council members have yet to read the document, two more readings are necessary before it becomes official; discussion will be held next month should the council have any questions.

Karla Greaser of Trihydro and project manager Michelle Sell discussed the current status of the new water tank project in the canyon area. Two easements are with the city being finalized and a draft has been created for the property to the east of the current tank.

A contract amendment for $12,995 was approved by the council for additional survey and geotech work on the site, which needed to be adjusted from the original plans to fit with a landowner’s needs.

In departmental reports, Police Chief Marty Noonan told the council that 32 calls were received during October and no major incidents took place in town. The deer harvest is now complete with 25 animals taken, he said, and the procedure to apply for next year’s permit has begun.

Public Works Director Mac Erickson informed the council that work to fix drainage near the bank has now been completed.