City Council Minutes 2000 06 20 - Laserfiche WebLink

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Louisville City Council Meeting June 20, 2000 Page 14. demonstration with a medium sized truck, which revealed that contention with a private vehicle exists with even a medium sized truck. Weber stated that the LFPD's only opposition to this project is the shared access at the existing driveway. He stated that the LFPD does not feel that it is in the best interest of the Fire District or the residents of the Louisville Fire Protection District. Weber stated that Fire Chief, Chris Brewer and several fire protection members are in attendance to testify if necessary. Nancy Love, 841 Front Street, stated that she wished to speak in support of the project. She noted that this has been a long arduous and expensive process for the applicant, and that she has complied with all the City's requirements. She felt that building would be a great contribution in Louisville and urged the Council to approve this proposal. Howard asked Tom Phare, Public Works Director the average width of a city street. Phare stated that the average width of a city street, curb to curb is 40'. Howard asked Sam Light, City Attorney if the revocable license created a street or a driveway. Light stated that the license agreement is a license to use the right-of-way, it does not make it a public street. The license is permission to use the property with another party, and in this case it is revocable. The license is terminated at the will of the license owner, the City. He noted that the license is not an easement. In 1993 the City granted the license to the LFPD, which was characterized at that time as a drive for access to the back of the LFPD Fire Station. Light stated that this is not exclusive unless it states to the contrary, and it does not state to the contrary. The presumption is that it is not exclusive and that other parties could be granted permission to use the same property. Howard asked why the City wished to have this revocable license or why would the city wish to have controlling interest in this right-of-way. Phare stated that the LFPD applied for access to Main Street, prior to the City designing and constructing Drainage Way A, and not knowing at the time, the exact extent of the needs or use of that right-of-way for storm sewer purposes. The City was not in a position to vacate the easement given the Unspecified nature of the improvements, therefore a license was granted as a mutually agreed upon resolution. Howard asked if the City still needs the right-of-way. 14