On May 29, 2018 the City Council passed a Resolution of Intent to annex Coulson Park. The annexation of Coulson Park will enable City Ordinances to be in effect on the city-owned park property. Specifically, bringing Coulson Park into the City will enable the City to prohibit the use of fire works in the park during the 4th of July Holiday. State Law under Sec. 7-2-43, MCA provides municipalities the authority to annex contiguous land. The subject property is 13.52 gross acres of land owned by the City of Billings and known as Coulson Park. The property is legally described Tracts of land being known as Coulson Park and being divided into two portions by Interstate 90, creating a north and a south portion: The North portion being wholly surrounded on the East by the Yellowstone River, on the South by Interstate 90, on the west by Certificate of Survey No. 684. The South portion being wholly surrounded on the East by the Yellowstone River, on the South by the South line of Section 34, T1N, R26E, PPM, on the west by Interstate 90, on the North by Tract 2, Certificate of Survey 1037. The property is located south of Interstate 90 and is contiguous to the City Limits.  The City Council shall hold a public hearing and consider any written comments submitted during the 20-day comment period established by the Resolution of Intent prior to taking action on the Resolution of Annexation.

Section 7-2-43, Montana Code Annotated (MCA) provides to process for local governments to annex contiguous properties. To comply with Section 7-2-4314, MCA, the City must hold a public hearing prior to taking action on the Resolution of Annexation.
The Council may:

• Hold a Public Hearing and approve the Resolution of Annexation the contiguous property,
• Hold a Public Hearing and disapprove the Resolution of Annexation. If the property is not annexed the park property will remain outside of the City Limits and application of City Ordinances would not be possible on the property.

The financial impact of the annexation should be limited. The property is currently owned and maintained by the City of Billings Parks, Recreation, and Public Lands Department and is currently used as parkland. Fire protection is already provided through the Billing Urban Fire Service Area. If the Council desires to annex the property, City Ordinances will be in effect on the park property and may be enforced by City departments. The Police Department will be responsible for patrol of the property, and other departments like Parks, Recreation and Public Lands and Fire also will be able to enforce City ordinances in the park.

The subject property totals 13.52. gross acres. It is located south of Interstate 90 and north of the Yellowstone River. The City-owned park is contiguous to existing City Limits. 

PROCEDURAL HISTORY

• On May 29th, the City Council passed a Resolution of Intent to annex Coulson Park.
• On June 25th, the City Council will conduct the public hearing, consider any protests for the annexation, and may take action on the annexation request.

Annexation of Contiguous Land requires a 20-day protest period be noticed to the public. Two notices of the protest period and public hearing were provided via the Billings Gazette on June 3rd and June 10th, 2018. The protest period ends June 25th, 2018. The Planning Division has not received any inquiries about this petition at the time this memo was prepared.

Although Montana Code does not require the City to prepare a provision of public services plan for Annexation of Contiguous Land (Section 7-2-43, MCA), it is the City’s custom to have staff prepare an analysis of predicted impacts to services and facilities, and information on how services will be provided to the property after annexation. The proposed annexation complies with the adopted Annexation Policy criteria as follows:

1. The area is located within the City's Annexation Petition Area on its Limits of Annexation Map.
2. The City is able to provide municipal water and sewer services to the property.
3. Any proposed public improvements within the area to be annexed will meet City standards.
4. If annexed, any proposed land use will comply with the zoning. The property is currently zoned Public, which is the appropriate zoning for park land.

Departmental Response: City and County Departments were given the opportunity to comment on this annexation. City departments responded favorably and detailed responses are provided below. The County Public Works Department did not respond to this annexation request. 

City Facilities:
Specific comments from City Departments are provided below:

• Water/Sewer: If the Parks Department wished to service the parkland with water and sewer, it would be required to extend water and sanitary service to the park.

• Storm water: All of the storm water runoff from this property will need to meet the City of Billings requirements for storm water management. Any future development will follow the City of Billings storm water regulations.

• Transportation: No improvements are planned or required as the parkland will continue to operate in its existing capacity and use.

• Fire Stations: The subject property is currently served by the Billings Fire Department through the Billings Urban Fire Service Area and the Billings Fire Department will continue to serve the property upon annexation. The Billings Fire Department stated that it supports the request for annexation.

• Parks: Coulson Park is owned by the City but is located outside the City in the County.  The land is largely undeveloped with only a boat launch, the Heritage Trail that passes through it, and two pit toilets existing on the property. The water department currently dumps sediment from the water treatment operations in the park to cap a garbage dump that was on the land historically. The Parks, Recreation and Public Lands Department maintains the park which mostly consists of weed management, maintenance on the existing facilities and maintaining the roadway and trail system within the park. Parks is working with Big Sky EDA to raise money for a Park Master Plan.  Once a master plan is funded and approved, funding will be available to upgrade the Boat launch and the restrooms.  Also, the master plan will help guide the future development of the park as funding becomes available. There is no current PMD for this park and the creation of one is not anticipated.

• Bicycle and pedestrian facilities: The property lies within the jurisdiction of the Billings Area Bikeway and Trail Master Plan. A segment of the Heritage Trail passes through the park property along the Yellowstone River.

• School facilities: Since the property will remain parkland, the school district facilities will not be impacted.

General City Services: These are the City services that are provided to all residents and businesses in the City, such as police and fire protection, street and storm drain maintenance, and garbage collection and disposal. The service providers that responded did not object to the annexation of this property.

• Transit: MET transit does not service Coulson Park.

• Police: The Police Department staff stated that while the Department can serve the area as it is already close to an established patrol area, continued annexation and development will eventually adversely impact the Department's ability to deliver services without additional resources. Furthermore, the Police Chief noted the Department does not have the resources to handle emergencies or law enforcement activities in the River.

• Public Utilities: The Public Works Distribution and Collection Division had no concerns with the annexation request.

• Public Works: Street and Traffic Division: No comments specifically related to street and traffic were provided.

• Public Works: Solid Waste: The Solid Waste Division has no concerns with annexing the property, but Public Works understands the Parks Department will continue servicing the park for solid waste.

• Ambulance Service: The City does not provide ambulance service, however it does dictate the level of service provided by American Medical Response (AMR). By City ordinance, 90% of ambulance calls must be answered within 8 minutes. This property may be within the area of acceptable response time.

• Legal and Finance: General Fund services, such as the Legal and Finance Departments should not be negatively impacted by this annexation and did not provide any comments with the request.

• Other Departments: City/County services including Library, Planning, and Environmental Health are only slightly affected by the annexation since they will continue to serve the property whether it is in the City or the County. The Planning Division staff supports the annexation because the property is in the City Annexation Petition Area and would allow for City ordinances to be enforced on City owned property.

 Annexation of this property would adhere to the following guidelines of the 2016 City of Billings Growth Policy:

• Placemaking: Enhance, maintain, preserve, and improvement existing public spaces

• Community Fabric:  Attractive, aesthetically pleasing, uniquely Billings
  • Natural landscapes and parks are important because they define the uniqueness of Billings and help protect the environment.
  • Outdoor public spaces provide casual and relating gathering areas for people.