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Item 1.L.
 
City Council Regular
Date: 09/13/2021
Title: Ward Boundary Expansion Ordinance Second Reading - Annexation 21-09
Presented by: Monica Plecker
Department: Planning & Community Services
Presentation: No

RECOMMENDATION

Staff recommends the City Council approve this ordinance on second reading, adding recently annexed property to Ward V. The Council conducted a public hearing and approved the ordinance on first reading at its August 23 meeting.

BACKGROUND (Consistency with Adopted Plans and Policies, if applicable)

Mary and Joe Dyk submitted a petition to annex land using the provisions of Section 7-2-4600, MCA. Since submission of the annexation petition, the property has been sold to TKJ Development LLC. TKJ Development is continuing with the petition. The property is described as Tracts of Land situated in the SE 1/4 of Section 9 and the SW 1/4 of Section10, T.1S., R.25E, P.M.M., Yellowstone County, Montana, more particularly described as follows: Tract 2-C of Certificate of Survey 983, Tract 2 Amended, recorded February 15, 1979, under Document No. 1119356; Tract 14 of Certificate of Survey 983, Amending Tracts 2B & 13, recorded May 31, 1983, under Document No. 1266982; Tracts 2-G-1 and 2-H-1 of Certificate of Survey 983, Amended Tracts 2G and 2H of Plat Amending Tract 2-F, recorded November 24, 2020, under Document No. 3948933; Including that portion of adjoining Yellowstone County Road easement for South 48th Street West, also described as a portion County Road Petition Number 20, Petition filing date April 6, 1911, date road Granted May 18, 1911 This legal description is for the entire development. The Annexation approved by City Council on August 23rd was approved in phases. Exhibit A attached to the oridnance reflects the phasing. This ward boundary ordinance will only make the ward change effective for Phase 1. Specifically Phase 2 includes Tract 14 of Certificate of Survey 983. This parcel will be changed at the time that annexation becomes effective. There is no reference to Tract 14 in the Ordinance.

Upon Council approval, this annexation requires a change in the boundaries of Ward V. Two readings are required for this action. The first reading of the ordinance was held on August 23rd, 2021, along with a public hearing, and the second reading is scheduled for September 13, 2021.

ALTERNATIVES

City Council may:
  • Approve adding the subject property to Ward V, or;
  • Disapprove adding the subject property to Ward V.
Disapproval will not modify the boundary of and will create a problem where property inside the City Limits is not within a City Ward.

FISCAL EFFECTS

This item has no impact on the Planning Division Budget.

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