Staff recommends that the City Council approve the Annexation Agreement with Brown Builders, LLC.

City Council will consider the annexation of Tract 2 of Certificate of Survey 3844. The property to be annexed is located along Central Avenue east of South 48th Street West.  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, 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. The Annexation Agreement for this Council action generally includes the following conditions or improvements:

• Requirement for access;
• Requirements for extension of the sanitary sewer main from the southern boundary of the property to Central Avenue;
• Requirements for extension of the water main in Central Avenue along the frontage of the property:
• Requirements for construction of a multi-use path along Central Avenue; and
• Outlines requirements for a traffic impact study.

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 within 45 working days, the annexation would be nullified as per the annexation resolution. 

There is one requirement of the Annexation Agreement that would not be required upon site development.  Section 5 requires the dedication of public right-of-way, if needed.

The only financial impact to the CITY of the Annexation Agreement is the compensation for the oversize of the water main extension in Central Avenue.