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  Regular   7.b.       
Meeting Date: 09/27/2021  
TITLE:    Development Agreement with Messinger Company, LLC.
PRESENTED BY: Debi Meling
Department: Public Works  

RECOMMENDATION
Staff recommends that City Council approve the development agreement with Messinger Company, LLC.
BACKGROUND (Consistency with Adopted Plans and Policies, if applicable)
City Council will consider annexation of Parcel 11A (amended) of COS 1391; and Shackelford-Yellowstone Subdivision 3rd Filing, Block 3, Lots 2, 3, and 4.  The property proposed to be annexed is located along the South Frontage Road immediately west of Harnish Boulevard.  The developer desires to develop the property as a commercial development.  Typically, as a condition of approval of the annexation, the property owner enters into a development agreement with the City of Billings outlining necessary public improvements for consideration.   The Development Agreement outlines the off-site improvements necessary for development, including access to the site, construction of water, sanitary sewer, and storm drain.  Furthermore, the Development Agreement describes City required off-site improvements should the property be annexed and developed without a subdivision plat. The Development agreement references the previous City Council action on July 12, 2021 approving a Compensation Agreement for payment to Developer for oversizing of off-site water and sewer extensions.  The Development Agreement for this Council action outlines the timing of the construction of all the improvements and generally includes the following conditions or improvements:
  • Construction of water main and sanitary sewer mains along Harnish Boulevard and Trade Center Avenue
  • Construction of curb and gutter, and sidewalk along Harnish Boulevard
  • Street widening, curb and gutter, and sidewalk along Trade Center Avenue
  • Requirements for a Traffic Impact Study and any mitigation from the Traffic Impact Study.
ALTERNATIVES
City Council may:
  • If the annexation is approved, then approve the development agreement with the property owner; or
  • Disapprove the development 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.  
FISCAL EFFECTS
The financial impact 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.

Attachments
Development Agreement


    

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