Staff recommends that the City Council approve the Annexation Agreement with Elysian School District  No. 23.

City Council will consider annexation of Tracts 2B and 2C of Certificate of Survey 3535. The property proposed to be annexed is located along the west side and south side of Elysian School.  Elysian School desires to develop the property as athletic fields.  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;
• Requirement for extension of water and sanitary sewer mains along East Lane; and
• Outlines requirements for 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, the responsibility for infrastructure improvements would be in accordance with policies in place at the time of development.  

There is one condition 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 financial impact of the remainder of the agreement is dependent on policy changes that may occur before development. If development occurs before any changes to the City's development policies, there would be no financial impact. If development occurs after City development policies change, the financial impact would be dependent on the changes.