City Council Minutes 2005 02 15 - Laserfiche WebLink

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Louisville City Council Meeting February 15, 2005 Page 10 of 14 Assistant City Manager for Governmental Relations Heather Balser reported on the red- line copy of the Intergovernmental Agreement (IGA) with the Town of Superior. Changes to the document include specifying that "certificates of occupancy are issued for at least 125,000 SF of retail, sales tax generating development, before "certificates of occupancy are issued for more than 30 percent of the total number of permitted residential dwelling units or 500 dwelling units, whichever is more ..Section A3b )." The verbiage is repeated throughout the phasing plan provision. The agreement was amended to state that Louisville shall not solicit retail businesses locating and operating in Superior by incentives within five years of the issuance of certificates of occupancy for 125,000 SF of retail development on the South property. The same clause has been inserted respective to Superior on not soliciting within Louisville's jurisdiction. The City Attorney reviewed the document and offered comments and four suggested revisions. Mayer Sisk called for public comments. There were no comments. COUNCIL COMMENT Mayor Sisk noted the City of Louisville has worked with the Town of Superior for some time. There is agreement for certificates of occupancy for at least 125,000 SF of retail. He voiced his satisfaction with the progress that has been made. City Manager Bill Simmons addressed the part of the agreement which pertains to the multi-tiered Planned Development process as proposed by the Town of Superior. He noted there would be one additional step, which would be the final development plan. Mayor Sisk stated the agreement states there "shall" be a minimum of 125,000 SF of development of retail on the South Property. He asked City Attorney Light if the Town of Superior would be in violation of the agreement if that amount of retail was not developed. City Attorney Light stated that technically, the Town of Superior would be in violation of the agreement. He explained the method of identifying the square footage at the maximum density for the property. The intent of the agreement is for the identified square footage to be carried through to the final development plan. He suggested adding a statement "with approval at preliminary and final." Superior Town Manager Bruce Williams outlined the process the Town of Superior follows on any development project. He stated it is the Town's intention to follow the Intergovernmental Agreement. MOTION: Council member Brown moved for Council approval of the first amendment to the Biella Menkick IGA, with the Town of Superior and authorization for the Mayor to sign the agreement, seconded by Council member Levihn. 10