The City of Billings has requested annexation of road rights-of-way to the City of Billings under Section 7-2-4400, MCA. The City Council annexed 12 properties in the area of East Billings between the East Billings Urban Renewal District (EBURD) and MetraPark on January 26, 2015. In coordination with these annexations, the City is designing a large infrastructure project to make public improvements in the East Billings area (WO #15-08 Exposition Gateway Infrastructure Improvements). The project will improve the road rights-of-way adjacent to the annexed properties as well as right-of-way between the properties and in the East Billings area. To provide continuity of jurisdiction and match the area of the public infrastructure project, the City is proposing under Section 7-2-4400, MCA to annex all of the road rights-of-way in the area, not just the rights-of-way adjacent to the annexed properties. Yellowstone County concurs with the City's annexation request and has quitclaimed any interest the County may have in the road Rights-of-way (see attached documents). The rights-of-way include portions of 6th Avenue North, 4th Avenue North, 3rd Avenue North, 2nd Avenue North, 1st Avenue North, Main Street (Exposition Drive), and some alleys in the area.

The road rights-of-way are located within the five-year annexation area of the City's Limits of Annexation Map. The City Council’s policy and the state regulations under Section 7-2-4400, MCA for this type of annexation require consideration of the annexations at two separate meetings. At the first meeting on March 23, the Council passed a resolution of intent to annex the rights-of-way and set a public hearing date for April 27. At this meeting, the Council will conduct the hearing and decide if it will annex the road rights-of-way. The Council also will be asked to accept the quitclaim deed from Yellowstone County regarding the road rights-of-way. 

Montana Code Annotated, Section 7-2-4403, allows government officials to request annexation of property on behalf of the City. In this case, the property are road rights-of-way Yellowstone County has quit claimed any interest in to the City of Billings and it is right-of-way the City has a beneficial interest in for its infrastructure improvement project. The only alternative that is consistent with City Council policy and state law is to conduct a public hearing and review the request before taking action.   

The property to be annexed are road rights-of-way. Portions of the rights-of-way to be annexed will be maintained by the City and parts will maintained by the Montana Department of Transportation. The City also plans to improve portions of the road rights-of-way through the use of tax increment funds and other infrastructure funding. There will be some financial cost to the City's Public Works Department for future maintenance of portions of the right-of-way to be annexed that are under City jurisdiction.

To provide continuity of jurisdiction and match the area of the public infrastructure project, the City is proposing under Section 7-2-4400, MCA to annex about 5.5 acres of road rights-of-way in the East Billings area. Yellowstone County concurs with the City's annexation request and has quitclaimed any interest the County may have in the road Rights-of-way (see attached documents). The rights-of-way include portions of 6th Avenue North, 4th Avenue North, 3rd Avenue North, 2nd Avenue North, 1st Avenue North, Main Street (Exposition Drive), and some alleys in the area. The property is located within the five year annexation area of the City's Limits of Annexation Map.

PROCEDURAL HISTORY

• On March 4, 2015 the annexation request memo signed by the City Administrator was submitted to the Planning Division.
• On March 23, 2015 the City Council passed a resolution of intent to annex the property and set a public hearing date for April 27.
• Public notice of the intent by the City to annex the road rights-of-way and the 20-day comment period required by law was published in the Billings Times on March 26 and April 2. 
• On April 27, the City Council will conduct the public hearing for the annexation and may take action on the request.
• On May 11, if the resolution to annex is approved by the City Council, a public hearing and first reading of an ordinance to include the property in City Council Ward I will be conducted.
• On May 26, the City Council will conduct the second and final reading for the ordinance expanding the Ward I boundary.

Annexation of property by City request does not require notification of adjoining landowners. However, it does require that the City Council provide a 20-day comment period and conduct a public hearing. Notice of the 20-day comment period and the public hearing was published in the Billings Times on March 26 and April 2. The Planning Division received an inquiry from one property owner, Mr. Cliff Hanson, in the area and has provided information about the process to Mr. Hanson. He may attend the public hearing on April 27.

Although MCA 7-2-4400-4407 does not specify the need to prepare a public services plan, it is the City’s custom to have staff prepare a brief analysis of predicted impacts to services and facilities. Since this property is public road-rights-of-way, staff has abbreviated this report significantly to reflect the City’s proposed use of the property. The proposed annexation complies with the adopted Annexation Policy criteria as follows:

1. The area is located within the Limits of Annexation.
2. Any proposed improvements to the property will meet City standards.

City Facilities:

• Water: New water system infrastructure will be installed in portions of the road rights-of-way to be annexed to better serve property in the area.

• Sewer: New sewer system infrastructure will be installed in portions of the road rights-of-way to be annexed to better serve property in the area.

• Stormwater: New stormwater system infrastructure will be installed in portions of the road rights-of-way to be annexed to better serve property in the area.

• Bicycle and pedestrian facilities: Boulevard sidewalks and bike lanes will be installed in portions of the road rights-of-way to be annexed to better serve property in the area and the community at large.

• Public Works -Street and Traffic Division: The Street and Traffic Division will be able to manage maintenance of the annexed rights-of-way that are within the City's jurisdiction.

Annexation of this property would adhere to the following goals, objectives and policies of the Yellowstone County and City of Billings 2008 Growth Policy: 
 

• Aesthetics Goal #1, "Visually appealing communities."
• Public Service Goal #4, “Sanitary and safe properties."
• Transportation Goal #6, “Well maintained network of safe and interconnected sidewalks."