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HomeMy WebLinkAboutResolution 4663 Annexation of the Sourdough Water Tank o _ 2540016Page: 7/2016 10:33:59 AM Fee: $70.00 / Charlotte Mills - Gallatin County, MT MISG ✓ 11111111111111111111111111111111111111111111111111IIIIII1II IIIIIII III IIIII If 1111 COMMISSION RESOLUTION NO. 4663 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING FOR THE ANNEXATION OF A CERTAIN CONTIGUOUS TRACT OF LAND, HEREINAFTER DESCRIBED, TO THE CORPORATE LIMITS OF THE' CITY OF BOZEMAN AND THE EXTENSION OF THE BOUNDARIES OF THE CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT. WHEREAS, the City of Bozeman received a request for annexation from Rocky Mountain Retail LLC requesting the City Commission to extend the boundaries of the City of �j Bozeman so as to include an area of land containing 3.889 acres, located at 2507 and 2511 N. Seventh Avenue; and WHEREAS, Rocky Mountain Retail LLC, is the current landowner of record of property described as Tracts 5, 6, 9 & 10, Gordon Mandeville State School Section Subdivision located in the SE1/4 of Section 36, Township 1 South, Range 5 East, P.M.M., Gallatin County, Montana,requesting the City Commission to extend the boundaries of the City of Bozeman; 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 July 20, 2015;and WHEREAS,A public meeting on said annexation petition was duly noticed and held on t July 20,2015; and j WHEREAS,No members of the public spoke in regards to said annexation at the public r meeting;and u 1 a Resolution 4663, Sourdough Water Tank Annexation WHEREAS, The City slid not receive any written protest from the real property owners of the area to be annexed; and WHEREAS, On July 20, 2015, the Commission preliminarily approved the annexation and authorized City Staff and the Landowner to prepare and execute the final annexation agreement to be presented for consideration at a future City Commission meeting;and WHEREAS, on September 28, 2015, the Commission reviewed and approved the final annexation agreement and authorized City Staff and the Landowner to execute the documents;and WHEREAS, the provision of available services, including, but not limited to, streets, rights-of-way, easements, water rights or cash in lieu, waivers of protest against creation of SID's, and water and sewer hookup fees, to said contiguous tract as described is the subject of a written agreement between the City and the Landowner;and WHEREAS, said tract is known as a tract of land situated in the NW1/4SW1/4 Section 29 &the NEI/4SE1/4 Section 30, T2S,R6E,P.M.M., Gallatin County,Montana;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/owners thereof. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman,Montana,that: Section 1 That it is hereby declared that, pursuant to Title 7, Chapter 2, Part 46, Mont. Codes Ann., the following-described properly, which is contiguous to the municipal boundaries of the City of Bozeman, be annexed to the City of Bozeman and that the boundaries of said City shall be extended so as to embrace and include such 11.663 acres,to wit: Page 2 of 4 Resolution 4663, Sourdough Water Tank Annexation Legal Description A tract of land situated in the NW 1/4SW1/4 Section 29 &the NE1/4SE1/4 Section 30, T2S, R6E, P.M.M., Gallatin County,Montana, and being further described as follows: Beginning at the East 1/4 corner of said Section 29;thence along the E-W mid-section line of said Section 29 N89°52'00"B 660.00 feet to the NE corner of Tract 12B of Certificate of Survey No, 350J;thence along the west line of said certificate of survey S00°00'00"E 721.54 feet to a point on the south line of the dedicated road right-of-way as shown on the Sourdough Hills Subdivision;thence along said right-of-way line S89°59'58"W 705.00 feet to a point on the west right-of-way line of Sourdough Road;thence along said right-of-way line N00°00'00"W 719.91 feet to a point of the E-W mid-section line of said section 29 extended;thence along said line N89°52'00"E 45.00 feet to the point of beginning. Said Tract being 11.663 acres. The described parcel has an area of 11.663,more or less as described on the Sourdough Water Tank Annexation Map. i i Section 2 The provision of service plan required by 7-2-46, MCA is included with this resolution as Exhibit A. I, Section 3 a The effective date of this annexation is February 23,2016. q 4 PASSED AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 8"'day of February, 2016. I i �F i 5 Page 3 of 4 F I 1 Resolution 4663, Sourdough Water Tank Annexation �n..j CARSON TAYLOR Mayor ATTEST: ST,W', LIME City Ccl�, APPROVED AS TO FORM: `G SULLIVAN City Attorney Page 4 of 4 Exhibit A Provision of Municipal Services Plan Sourdough Tank Annexation State Law References 7-2-4610 and 7-2-4732, MCA A. Introduction Whereas,the City of Bozeman hereby recognizes that Montana State law has established municipal governments for the purpose of providing local government municipal services essential for sound urban development of communities as well as for the protection of health, safety and welfare in areas either already being intensively used or undergoing development for residential, commercial, industrial,institutional and governmental purposes. "Historically,the purpose of Montana's annexation statutes have been simply to provide expanding communities with: 1. a united and effective single form of government; 2. orderly growth through uniform regulations such as building codes,planning, and zoning standards; and 3. an equal sharing of community resources and financial responsibility for those resources by people living in an area united by social,political,and economic interests. (From Montana's Annexation Laws: An Evaluation,November 1980,Montana Legislative Council)." I s 3 7 B. Long Range Plan 4 As required by MCA 7-2-4732,this plan anticipates development for a period of at least five years into the future. The 2010 Census lists the City of Bozeman's population at 37,280. The US Census population projection for 2014 is 41, 660. Bozeman has experienced an average annual population growth of 2.5 percent over the past 40 years,with some years exceeding five percent growth. Indications are that the growth of the City will continue at least at its historical average. 'I If so,it is projected that the City could reach a population of 48,312 by 2020. The City of Bozeman conducts long range facility and land use planning to consider areas of future growth and what expansions to services are needed to support them. Studies such as those noted below if available should be consulted when reviewing proposed annexations.A suite of projects is considered for near term construction in the next five years through the City's Capital Improvement Program. This document is updated and adopted annually by the City Commission and draws heavily from the adopted long range plans. The area proposed for annexation with the Sourdough Tank Annexation is within the planning area for the City's growth policy and facility plans. Use of the site is for a municipal water storage tank. The site has been developed as a municipal water storage tank since 1957. The use of the site has minimal needs for additional services as a result of annexation. 1. Sewer-The City's sewage treatment facility was recently upgraded and expanded. Capacity exists to serve additional demand. The Bozeman Wastewater Facilities Plan was completed in 2007. It provides a description of existing and proposed facilities,population projections, and identifies both area where service can be provided and what facilities are necessary to provide service. The projected service population of the plan is 92,500 persons. 2. Water-The City's primary water treatment facility was recently upgraded and expanded. Capacity exists to serve additional demand. The Bozeman Water Facilities Plan was completed in 2007.It provides a description of existing and proposed facilities, population projections, and identifies both area where service can be provided and what facilities are necessary to provide service. The projected service population of the plan is 92,500 persons. 3.Roads--Future road extensions shall be designed to accommodate projected demand. The long range transportation plan has established an existing and future arterial and collector street network. The City relies upon this network in coordination with Montana Department of Transportation to deliver travel services. 4. Service Providers---Other municipal services are provided as shared municipal facilities supported by the community as a whole. The City does not restrict private competition within its boundaries for services such as recycling and solid waste collection. 5. Growth Policy—The City of Bozeman adopts a growth policy in order to correlate facility plans with future land use needs. The future land use map identifies those areas where expansion of the City in the planning horizon of 20 years is anticipated. C.Areas Considered for Annexation Currently there are numerous areas adjacent to and lying on the perimeter of the City of Bozeman that are natural extensions of the City but which are not presently located within the corporate boundaries of the City. See Figure 3-1 of the growth policy for a map of these areas. Some of these areas are already extensively developed and are deriving benefits from the City of Bozeman without paying their just and equal share for these municipal services. Other areas are not extensively developed,but given the current growth trends in the Bozeman area will be attractive for development in the future. It is the policy of the City of Bozeman that properties outside of the City shall not be connected the City's water and sewer system without annexation. The City of Bozeman will attempt to timely consider any property owner petition requesting annexation of land that is contiguous with the City and eligible for annexation in accordance with State statutes. Furthermore,the City of Bozeman plans to consider annexation of new subdivision developments in a timely manner whenever a developer submits a development proposal to the City for annexation. Figure 3-1 of the growth policy identifies those areas anticipated to be annexed over the horizon of the plan. The Sourdough Tank Annexation is within that expected expansion area. D. Petition(s)for Annexation The property owner submitted an appropriate petition for the City to annex into the City pursuant to MCA Title 7, Chapter 2,Part 46. The standard City application form was used. The petitioner also provided the City with the additional materials required with the annexation submittal checklist. E.Municipal Services to Annexed Land 1.It is the plan of the City of Bozeman that municipal services will be available to property that is annexed within a reasonable time (generally not to exceed five years) on substantially the same basis and in the same manner as such services are available to the rest of the municipality. General governmental services will be available immediately upon annexation. Water service is already available. Sewer services are not required for the existing use and will be made available when extended to the surrounding area. 2. The property owner located in a newly annexed area will be required to comply with all City, State, and Federal laws, statutes,regulations, ordinances,and resolutions,including but not limited to, zoning,building codes,fire prevention ordinance and fire codes,fireworks ordinances,dog license ordinance,business license ordinance,and all other laws, statutes, regulations, ordinances, and resolutions. f� F. General Policies for Providing Services to Annexed Property I.i 1. The City plans to generally provide municipal services of police,fire, street maintenance, parks and recreation and all general administrative services of the City of Bozeman to annexed property immediately upon anmexation. The financial cost of extending such services shall generally be shared by the entire municipality through municipal revenues allocated and expended pursuant to the City's annual budget adopted each fiscal year.No new Citywide bond issue is planned for the sole purpose of financing provision of municipal services to annexed areas. Parcels annexed into the City will be required to enter into the Citywide Street Maintenance District and may be required to enter into an existing or fixture street lighting district, or other such district established. Parcels annexed into the City which are benefitted by previous specific facilities shall contribute proportionately to the cost of constructing and maintaining those facilities. 2. The developer(s)or property owner(s) of annexed property will be required to construct all infrastructure improvements,including but not limited to: water lines, sewer lines, fire hydrants, reservoirs,pump stations, lift stations, culverts, drainage systems,roadways, sidewalks, street lighting,traffic control devices, street name signs, and such other improvements as may be required by the City, at the developer's or property owner's expense. The infrastructure improvements will be constructed in accordance with the City of Bozeman Subdivision Regulations, City of Bozeman Specifications, and the most recent edition of the Montana Public Works Standard Specifications. The infrastructure improvements shall be in compliance with applicable codes and standards and be of adequate size and design to accommodate the needs of the proposed development.All proposed infrastructure shall be reviewed and approved by the City Public Works Director, and as-built drawings as required by the City Public Works Director shall be submitted to the City prior to final acceptance of the infrastructure. 3. The developer(s)or property owner(s) shall be responsible for providing fire protection appurtenances and required water flow pressures and volume, at the developer's or property owner's expense, as required by the applicable Fire Code enforced by the City and reviewed and approved by the City Fire Chief, based on the use of land and the type of construction employed. 4. Sewer systems shall be designed in such a manner as to avoid the requirement for lift stations if feasible. 5. Properties proposed for development in areas which do not have immediate access to City water and/or sewer, but where services are in close proximity may be required to install dry sewer lines in anticipation of the extension of City water and sewer into the area within a reasonable time,generally not to exceed five years. Once adequate water and sewer facilities are within 200 feet of the site, or if a new subdivision lot is within 500 feet of City water and sewer, connection may be required at the property owner's or developer's expense. 6. As new City streets are constructed, and as existing streets are improved, storm drainage infrastructure shall be installed or improved to City, State Department of Environmental Quality (DEQ), and Environmental Protection Agency(EPA) standards. It is the responsibility of the developer(s) or property owner(s)to convey storm water from their property to an appropriate point of disposal as approved by the City Engineer. If there is no storm sewer conveyance system available to the site, storm water generated as a result of the development shall be retained on site in accordance with applicable DEQ and EPA regulations. Generally,the quantity and rate of runoff from a developed parcel cannot exceed that which would occur had the property remained undeveloped. 7. The developer(s) or property owner(s)shall provide all necessary right-of-way and/or easements, or additional right-of-way or easements if less than adequate right-of-way or easements exist in property proposed for annexation.Adequate right of way exists to access the annexed parcel. If Sourdough Road is expanded additional right of way will be provided. 8. In areas served by the City water system, the City may require the developer(s) or property owner(s)to properly abandon existing wells in accordance with DEQ regulations by qualified personnel. Furthermore,the City may require existing water rights to be transferred to the City. G. Policies for Providing Services in Existing Developed Areas 1. As a general policy,property that is proposed for annexation that has existing infrastructure shall be required to upgrade the infrastructure to City standards as a condition of annexation. The existing development of the site does not require upgrade to existing municipal service to the property. H. Off-Site Infrastructure Requirements 1. In the event that annexation creates impacts requiring off-site infrastructure improvements,the developer(s) or ro property owners of the property proposed for annexation will be responsible for P p Y ( ) p p Yp p bearing the costs of such improvements, unless otherwise determined by the City Commission. 2. The City may require reimbursement from a developer(s)or property owner(s)for City financed infrastructure that was installed in anticipation of future development on property that is proposed for annexation. 3. It shall be the responsibility of the developer(s) or property owner(s)to extend all roadways and utilities from the existing City facilities to the site of development in accordance with all City standards and specifications,including the provision for appropriate easements. It shall further be the responsibility of the developer(s) or property owner(s)to construct all streets and utilities to the furthest boundary of the property to be developed or annexed when it is deemed appropriate by the City Commission or City Engineer in order to facilitate future development. i I. Special Improvement Districts The City Commission,in its discretion,may approve the formation of a Special Improvement District to pay for the installation, construction and upgrading of infrastructure improvements. The boundaries of the Special Improvement District shall by the area benefiting from the improvements in accordance with the laws of the State of Montana. J.Payback Agreement If a developer(s)or property owner(s)of property annexed pays the entire cost of infrastructure improvements, and such improvements will benefit other property that may be developed or annexed in the future,the City Commission may,in its discretion, authorize a Payback Agreement. The Payback Agreement may provide that developer(s) or property owner(s)that connect to the infrastructure improvements in the future shall reimburse the developer(s) or property owner(s)that initially paid for the improvement a portion of the cost of the improvement. The Payback Agreement shall include a method of calculating the amount of reimbursement. The method of reimbursement may be based upon lot size,front footage, or other means that the City Commission deems reasonable. The payback period shall not exceed 10 years from the date of completion of construction or installation of the improvement. The Payback Agreement shall set forth the specific area that may benefit from the improvement and that will be subject to the Payback Agreement. The costs that may be reimbursed under a Payback Agreement may include engineering, design and inspection fees.Any and all terms and conditions of a Payback Agreement are subject to approval by the City Commission. K. Transition Plan If a county, special district, or improvement district currently provides services to the area to be annexed,the plan must provide specific steps for the orderly transfer of those services, including police protection,fire protection, garbage collection, street and street maintenance services, and utility services. The plan for the transfer of services must be developed in consultation with the governing body of the county and with any other departments of the county, special districts, or improvement districts that have been providing services to the area proposed to be annexed. Gallatin County was notified of the proposed annexation on December 31, 2015.No special district or improvement district services are provided except for fire protection. The City and Sourdough fire district have a mutual aid agreement which covers this site. This will not change. Upon approval of the annexation the 911 system will be informed of the change in primary jurisdiction and the 911 system database will be updated. The resolution of annexation will have an effective date of February 23,2016 which is adequate to allow 911 to make the adjustment in dispatch priority. No comments on the annexation have been received from Gallatin County.