Staff recommends that the City Council approve the Annexation Agreement with Andrew Boetticher and Michelle Spenny.

City Council will consider annexation of Lot 7 of Blue Creek Acreage Tracts Subdivision.  The property proposed to be annexed is located adjacent to Blue Creek Road, generally north of Briarwood Subdivision.  Blue Creek Road is a Montana Department of Transportation (MDT) operated facility.  Typically, as a condition of approval of the annexation, the property owner enters into an Annexation Agreement with the City of Billings outlining necessary public improvements.  The Annexation Agreement outlines the off-site improvements necessary for development including access to the site and construction of water, sanitary sewer, and storm drain.  The Annexation Agreement provides for City required off-site improvements should the property be annexed and developed without a subdivision plat.

Currently, this property is vacant.  The owners are proposing to construct a single family home, and are annexing in order to obtain utilities.  The Annexation Agreement for this Council action generally includes the following conditions or improvements:

• Requirements for connection to water and sanitary sewer including pay back for their proportionate share of the construction of the mains along their property; and
• Review and approval of access to Blue Creek Road by MDOT; and
• Waiver of Right to Protest.

City Council may:

• If the annexation is approved, then approve the Annexation Agreement with the property owner; or
• Not approve the Annexation Agreement.  If the agreement is not approved, the responsibility for infrastructure improvements would be in accordance with policies in place at the time of development.  

If the Annexation Agreement is approved, the property owners will be required to reimburse the City for their proportionate share of the cost of the existing water and sanitary sewer mains in Blue Creek Road. Based on the cost to install the mains, the reimbursement amounts are estimated at $5,488.00 for water and $18,306.75 for sewer.