Staff recommends that the City Council approve the Annexation Agreement with Donna Barber-Schneider, Diana Browne, and Karin Barber.

City Council will consider the annexation of Lots 3 and 4, Barber Farm Subdivision. The property to be annexed is located along the north side of Central Avenue, east of 48th Street West and immediately north of property recently annexed into the City in 2024.  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 timing and extension of the sanitary sewer main from the southern boundary of the property to Central Avenue;
• Requirements for timing, extension, and oversizing of the water main within the subdivision and along the Broadwater Avenue property frontage;
• Requirements for right-of-way dedication;
• Requirements for construction of a sidewalk 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 within the development and along Broadwater Avenue estimated on the order of $650,000.  The City budgets for these costs annually.  The developer may request a compensation agreement in the future at the time of development for further Council action.