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1. 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 MEMORANDUM TO: Mayor Pamela B. Kennedy and Kalispell City Council FROM: Charles Harball, City Attorney James H. Patrick, City Manager SUBJECT: Trumbull Creek Crossing, Phase I MEETING DATE: Monday, April 23, 2007 -- Work Session Tel 406-758.7708 Fax 406.758.7771 charball@kalispell.com BACKGROUND: As Council recalls, Trumbull Creek Crossing, Phase I began its career as the Kelsey Subdivision.. This 50+ subdivision, now under new ownership, is located on Reserve, east of LaSalle, just north of the Evergreen Sewer District. The City Council has previously determined that this subdivision may receive the sewer conveyance services of Evergreen as a part of a 100,000 gallon per day allocation. The owner of the subdivision has already agreed to all of the terms of the City, including waiving right to protest annexation and building to the Kalispell design and construction standards. RECOMMENDATION: The Council should discuss and determine its policy on two issues. The first issue is whether or not the City wishes to enter into an annexation district agreement with the owner. Even if an annexation agreement is not entered into with the owner, the Council should discuss what the policy should be regarding the collection of impact fees for the new services the City will be providing to this subdivision at such time as it determines to annex the properties. Respectfully submit --J Char1`Harba11, City Attorney i6nles H. Patrick, City Manager