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HomeMy WebLinkAboutApprove Resolution No. 4010, East Gallatin Recreation Area #A-06017 Report compiled on January 2, 2008 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Martin Knight, Assistant Planner SUBJECT: Resolution of Annexation No. 4010 for East Gallatin Recreation Area & Old City of Bozeman Landfill Annexation, #A-06017 Consent Item MEETING DATE: Monday, January 7th, 2008 RECOMMENDATION: The City Commission adopts the Resolution of Annexation No. 4010 for the East Gallatin Recreation Area & Old City of Bozeman Landfill Annexation. BACKGROUND: An annexation application to annex 81.95 acres located north of Griffin Drive between Manley Road and North Rouse Avenue. The City Commission approved the annexation application on Monday, March 5th, 2007. The property is currently being serviced by the City of Bozeman Water & Sewer services. No substantial further development of the property is currently being considered. Since preliminary approval of this annexation, the Montana Department of Fish, Wildlife, & Parks (MDFWP) has expressed concerns over the City of Bozeman’s Engineering Departments Condition of Approval #1; this condition is requiring fifteen (15) feet of additional Right-of-Way on the East side of Manley Road be dedicated to complete the city standard total Right-of-Way wide of 90’. MDFWP is concerned for two reasons; First, they say they cannot, under State law, give away public land for any purpose without being compensated with money or an equivalent amount of land for anything they give up; Second, much of the extra 15 feet would extend down over the bank of the lake and be too close to water’s edge to ever allow road construction or work to be done within the 15 foot easement. MDFWP officials have indicated that this annexation will not occur if this easement is required. Under the circumstances, the City of Bozeman Planning and Engineering Departments are willing to waive this standard condition of approval. Our recommendation is that the Annexation Agreement be executed without this 15 foot right-of-way easement. If desired, the City Commission may remove this item the Consent agenda to discuss further. UNRESOLVED ISSUES: The Department of Planning is not aware of any unresolved issues for the proposed development at this time. 59 Report compiled on January 2, 2008 Commission Memorandum FISCAL EFFECTS: Fiscal impacts are undetermined at this time, but will include increased property tax revenues from annexation of the property, and costs from additional service demand. ALTERNATIVES: As suggested by the City Commission. CONTACT: Please feel free to email Martin Knight at mknight@bozeman.net if you have any questions. APPROVED BY: Andrew Epple, Planning Director Chris Kukulski, City Manager 60 - 1 - COMMISSION RESOLUTION NO. 4010 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, EXTENDING THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE WITHIN THE CORPORATE LIMITS OF THE CITY OF BOZEMAN A TRACT OF LAND TO SAID CITY, KNOWN AS “TRACTS GL-2 & GL-3, LOCATED IN THE NORTHWEST QUARTER OF SECTION 31, T1S, R6E; AND TRACT GL-3 OF CERTIFICATE OF SURVEY NO. 12, LOCATED IN THE SOUTHERN HALF OF THE NORTHWEST QUARTER OF SECTION 31, T1S, R6E, PMM, GALLATIN COUNTRY, MONTANA”AND HEREIN MORE PARTICULULARLY DESCRIBED. WHEREAS, the City of Bozeman received a request for annexation from Montana Fish, Wildlife, & Parks, 1400 S. 19th Avenue, Bozeman, MT 59718, and City of Bozeman, 311 E Main Street, Bozeman MT 59715, owners of the tracts of land, requesting the City Commission to extend the boundaries of the City of Bozeman so as to include certain contiguous tracts of land legally described as Tracts GL-2 & GL-3, located in the northwest quarter of Section 31, T1S, R6E, PMM; and Tract GL-3 of Certificate of Survey No. 12, located in the southern half of the northwest quarter of Section 31, T1S, R6E, PMM, Gallatin County, State of Montana; and WHEREAS, an annexation staff report has been prepared in accordance with the Commission's goals and policies for annexation and was presented to the Commission on March 5, 2007; and WHEREAS, the parcel being annexed under Title 7, Chapter 2, Part 46 MCA no resolution of intent or public hearing was required; and WHEREAS, a public meeting on the annexation was duly noticed according to the City’s annexation policy and held on March 5, 2007; and WHEREAS, on March 5, 2007, the Commission authorized and directed staff, upon satisfaction by the applicant of the terms of approval, to prepare the necessary annexation agreement and other documents to 61 - 2 - proceed with the annexation of the privately held portion of these tracts in accordance with terms and conditions approved by the Commission; and WHEREAS, on March 5, 2007, the Commission authorized and directed staff to prepare the necessary extension of services plan and other documents to proceed with the annexation of the publicly held portion of these tracts; and WHEREAS, the provision of available services, including, but not limited to, rights-of-way, easements, water rights or cash in lieu, waivers of protest against creation of SID's and impact fees to said contiguous tract is the subject of a written agreement between the City of Bozeman and Montana Fish, Wildlife, & Parks, record owner of the tract; and WHEREAS, said contiguous tract is the subject of a certificate of survey, filed in the office of the Gallatin County Clerk and Recorder's Office; and WHEREAS, the Bozeman City Commission hereby finds that the annexation of this contiguous tract is in the best interests of the City of Bozeman and the inhabitants thereof and of the inhabitants of the contiguous tract. Section 1 That it is hereby declared that, pursuant to Title 7, Chapter 2, Part 46, M.C.A., the following- described property be annexed to the City of Bozeman and that the boundaries of said City shall be modified so as to embrace and include such 81.95 acres of land, to wit, and as further described on Exhibit A, attached hereto: A 81.95 acre Tracts GL-2 & GL-3, located in the northwest quarter of Section 31, T1S, R6E; and Tract GL-3 of Certificate of Survey No.12, located in the southern half of the northwest quarter of Section 31, T1S, R6E, PMM, located north of Griffin Drive between Manley Road and North Rouse Avenue, Gallatin County, Montana; and Section 2 The effective date of this annexation is ________________________, 2008. 62 - 3 - Section 3 The annexation of the above-described tract is subject to the terms of the Agreement dated _____________________, by and between the City of Bozeman and Montana Fish, Wildlife, & Parks; and the extension of services plan prepared for the portion owned by the City of Bozeman. PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the day 2008. _________________________________________ KAAREN JACOBSON, Mayor ATTEST: ____________________________________ STACY ULMEN, City Clerk APPROVED AS TO FORM: ___________________________________ PAUL J. LUWE City Attorney 63