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schools. I also understand people's <br />desire to move to this community. <br />The people who own this property <br />have some rights. Those of us who <br />live here now have some rights. Our <br />children have some rights. I want <br />to see some balance between all of <br />us. I would like to know from the <br />City Attorney, since this property <br />is an enclave, legally what can we <br />do at this point from a request for <br />annexation? Are we required by law, <br />because of this particular property, <br />to annex? If we are, we need to <br />decide what zoning is placed on the <br />property. If we are not legally <br />required to annex upon this request, <br />then that is a different story. <br /> <br />Susan Griffiths, City Attorney, explained that under state law, <br />there is a provision that states that any property which is totally <br />surrounded by a City for a period in excess of three years, and no <br />portion of which consists solely of right of way, must be annexed <br />to the City at the request or demand of the property owner. In <br />other words, an owner of that enclave can require the City, through <br />a court proceeding to annex the territory. There is nothing in the <br />state law, however, that allows a property owner to specify or <br />demand a particular zoning for the property. Under the current <br />circumstances, the Council could decline to annex the property. If <br />it did so, then it would be a decision of the property owner <br />whether that property owner wished to force the City Council to <br />annex. The property owner may require Council to annex it. <br /> <br />Lathrop: <br /> <br />I have a question for the Developer. <br />Concerning the revised proposal <br />before us, there are a lot of <br />questions concerning the physical <br />layout, setbacks, buffering, <br />potential for park dedications, etc. <br />Are you requesting, at this point, <br />that Council give you an answer, yes <br />or no, or is this more of an <br />informational session? <br /> <br />Wall: <br /> <br />We are requesting some additional <br />time with possibly another Work <br />Session with the Council before we <br />request a vote on it. <br /> <br />Howard: <br /> <br />Bringing in an extra 111 homes at <br />this moment not only impacts the <br />schools, but also impacts our basic <br /> <br />11 <br /> <br /> <br />