City Council Minutes 1988 01 05 - Laserfiche WebLink

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Mohr moved that Resolution #2 be approved as set forth by Mr. Wanush,. Anderson seconded. By Roll Call Vote Resolution #2 was approved unanimously. RESOLUTION #3, SERIES 1988 - FINDING OF FACT AND CONCLUSIONS - COAL CREEK ANNEXATION PETITION Williamson read in ~:ts entirety Resolution #3, "A Resolution setting forth findings of fact and con- clusions relative to the annexation of certain real property located along Coal Creek between Dillon Road and Cherry Street and more particularly des- cribed herein." This annexation is approximately 227 acres. Anderson and Sackett. asked to be excused from the proceedings so as to avoid any possible conflict of interest. Mayor Fauson excused than and opened the public hearing. Resolution #38 set January 5, 1988 as a public hearing to determine whether 31-12-104 and 105 of the State Statues have been met. Staff has reviewed t]he annexation and has determined that: 1)there is not less than 1/6 contiguity, 2) a community of interest exists, 3) no land held in identical ownership is being divided, 4) there is no land larger than 20 acres being annexed without the consent of the owner, 5) no other annexation of the same property has been commenced, 6) no land will be detached from a school district, 7) no property extends beyond three miles of the City limit and the existing Comprehensive Plan includes this area and it, together with existing drainage, water, sewer, and streets plan con;stitues the "plan in place", 8) the full widths of al.l rights-of-way are being annexed, 9) no election is required under Section 31-12-107 (2), and 10) an annexation agreement must be signed outlining additional conditions including, but not limited to, restricting the types of development that may occur and specifying actions required at the subdivision stage. Mayor Fauson called f'or any comments either in favor of or in opposition t.o Resolution #3. None. Mayor Fauson closed t:he public hearing and called for a motion. Mohr moved that Resolution #3 be adopted. Mayor Fauson seconded. By Roll Call Vote, Resolution #3 was adopted 5-0. Anderson and Sackett rejoined the meeting. 4