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City of Missoula, Montana Item to be Referred to City Council Committee Committee: Plat, Annexation and Zoning Committee Item: Chickasaw Place Deadline for Development Agreement Date: January 28, 2010 Prepared by: Carla Krause, Special Services Administrator Initiated by: WGM Group representing George Lake, et al Action Required: Consider a request to extend the deadline for completing the annexation development agreement for the Chickasaw Place subdivision annexed and approved by Council May 18, 2009: Recommended Motion: Adopt a resolution extending the Chickasaw Place annexation development completion date to six months from the date the lawsuit challenging the subdivision approval process is concluded. Timeline: Referral to committee: February 1, 2010 Committee discussion: February 3, 2010 Council acts to set hearing: No hearing required Public Hearing: None Background and Alternatives Explored: See the attached January 6, 2010 letter from WGM Group representing George Lake, the developer of Chickasaw Place subdivision. The request has resulted from the lawsuit filed challenging the City’s subdivision approval process. Due to the delay to the Developer’s project because of the suit and the currently unknown status of going forward, the Developer has requested additional time to proceed with the project. Developer’s intent is to pick up the plans for the project as approved by Council after the lawsuit concludes. City Council has already granted a six month extension for completion of the development agreement August 24, 2009 that expires February 7, 2010. The lawsuit has yet to be decided and at this point in the process predicting a date for conclusion of the suit is difficult. The City Council has the statutory authority to change the deadline for signing the development agreement. However, to assure a clear and concise public record depicting the history of the annexation of the property and its status within the City’s jurisdiction for an extension of this significance, staff recommends memorializing the extension by resolution. A resolution has been drafted for Council’s consideration that includes the requested six months from the date the lawsuit concludes. Staff is supportive of the request.