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04. Resolution 5201 - Resolution of Intent to Annex - Trumbull Creek Crossing Phase 1City of Kalispell Charles A. Harball Office of City Attorney City Attorney 312 First Avenue East P.O. Box 1997 Kalispell, MT 59903-1997 TO: N1-0161 SUBJECT: MEETING DATE: MEMORANDUM Mayor Pamela B. Kennedy and Kalispell City Council Charles Harball, City Attorney James H. Patrick, City Manager Tel 406.758.7708 Fax 406.758.7771 charball@kalispell.com Resolution No. 5201 — Intent to Annex Trumbull Creek Crossing Phase I Monday, May 21, 2007 — Regular Meeting BACKGROUND: This matter came before Council at the regular meeting on May 7, 2007. Council, upon considering the matter determined to table it until this meeting for further consideration. Some concern was expressed that the owner of Trumbull Creek Crossing Subdivision, who is seeking to develop the property to an urban density is first following through with Flathead County on a final plat prior to petitioning the City for annexation. The owner's reason for this is that the delay that would occur in going through the annexation and land use designation process with the City would cause the delay in construction through most of this year's building season. The owner has, already, at the request of the City, brought his project through the Site Review process and is constructing the subdivision pursuant to all of the construction and design requirements of the City. It is anticipated that he will return to the City sometime in August to file a petition for annexation. He therefore agrees that it would be appropriate at this time to table this matter indefinitely. RECOMMENDATION: The City Council should move to table this resolution indefinitely and respond directly to the owner's petition for annexation when it is filed. FISCAL EFFECTS: None at this time. Respectfully su}3mitted Charles HarbaJ1, City Attorney Jues H. Patrick, City Manager RESOLUTION NO.5201 A RESOLUTION OF INTENT TO PROVIDE FOR THE ALTERATION OF THE BOUNDARIES OF THE CITY OF KALISPELL BY INCLUDING THEREIN AS AN ANNEXATION CERTAIN REAL PROPERTY DESCRIBED AS ASSESSOR'S TRACT 7 LOCATED IN SECTION 28, TOWNSHIP 29 NORTH, RANGE 21 WEST OF FLATHEAD COUNTY, MONTANA AND REFERRED TO AS TRUMBULL CREEK. CROSSING SUBDIVISION IN ITS PRELIMINARY PLAT WITH FLATHEAD COUNTY, MONTANA. WHEREAS, the owner of that certain real property located outside Kalispell municipal boundaries and in Flathead County, Montana and more particularly described as Assessor's Tract 7 located in Section 28, Township 29 North, Range 21 west, and hereafter referred to as "Trumbull Creek Crossing Subdivision," seeks to develop said property to an urban density and therefore desires the services of a municipal sewer; and WHEREAS, the City of Kalispell determined that it was in the best interests of the local environment and the citizens of Kalispell to provide wastewater treatment for the development and has therefore agreed to allow that portion of the Trumbull Creek Crossing Subdivision, Phase I to convey its sewage through the Evergreen Sewer District conveyance system to the Kalispell Municipal Wastewater Treatment Facility without requiring the Evergreen Sewer District to assign such sewerage to its own contractual capacity; and WHEREAS, in exchange for the City of Kalispell agreeing to provide municipal wastewater treatment services, the owner of said subdivision has executed a waiver of right to protest annexation and also agreed to enter into a developers agreement with the City of Kalispell in which the owner shall agree that the subdivision shall be developed to the design and construction standards of the City of Kalispell; and WHEREAS, the City Council finds that the City of Kalispell is capable and ready to provide all of the necessary municipal services to the Trumbull Creek Crossing Subdivision, Phase I and should therefore annex the subject property into the City of Kalispell upon receiving application therefore from the owner. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION I. That the City of Kalispell shall annex that property known as Trumbull Creek Crossing, Phase I, and more particularly described as Tract 7 located in Section 28, Township 29 North, Range 21 west, Flathead County, Montana, which shall be a customer of the City's municipal wastewater treatment, upon receiving application therefore from the owner. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 21 ST DAY OF MAY, 2007. ATTEST; Theresa White City Clerk Pamela B. Kennedy Mayor