Staff recommends that the City Council approve the Annexation Agreement with the Thomas Romine.

City Council will consider annexation of a portion of Lot 27A of the Amended Plat of Sunny Cove Fruit Farm Subdivision.  The property proposed to be annexed is located south of Rimrock Road and west of 58th 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 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. The Annexation Agreement for this Council action generally includes the following conditions or improvements:

• Requirement for access;
• Requirement for water service from Rimrock Road and 58th Street West;
• Requirement for right-of-way dedication along Rimrock Road; and
• Requirement for a traffic impact study, mitigation of impacts, and future intersection contributions.

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 are two requirements of the Annexation Agreement that would not be required upon site development. Section 3 requires construction of a water main in Mared Street to serve the development by looping water mains.  Section 5 requires right-of-way dedication along Rimrock Road.  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.