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Louisville City Council Meeting September 5, 2000 Page 19. that the question of annexation is different than the question of zoning. He stated that this application is not a rezoning of the property within the City, it is the initial zoning of property within the City. With regard to the policy of land use, case law states that Council has the ability to make policy, with respect to annexation, on a case-by-cases basis. As a legal matter, Council is not constrained by prior zoning actions or by resolution or ordinances that suggest how Council should rezone the property. Addressing another matter, Light stated that there is an ownership issue of a small strip of property on the southern boundaries of the annexation parcel. He noted that it may or may not be properly included with this annexation. The Fischer deed does not include the property. Light stated that it might be an old County right-of-way, and if so, the annexation petition and annexation map are proper. Signatures on the petition are required of at least half of the landowners or half of the landowners owning half the land. Both of those calculations do not include public rights-of-way. Therefore, if this is a County road, the annexation petition and map are proper and could be approved. If the County does not own it or have any ownership in it, then some private party may own it. In that case, it should not be included because there is not a signature for that property by the landowner. Light noted that this issue would not create a major defect and that Council could proceed to annex property as long as it is at least at levels advertised, or a smaller amount of property. Light stated that between the first and second reading, Staff will review any additional documents provided by the applicant to determine ownership of the strip of property along the south boundary, and whether or not it needs to be included or excluded. Davidson noted that Resolution No. 36 does not prohibit the property from being annexed and zoned to a lesser density than the surrounding area. COUNCIL COMMENTS Mayer stated that he took exception to the comments voiced by Mr. Tienken about ethics. He reported that he has spoken to both supporters and opponents of this project. Mayer asked Jobelle Fischer if she has ever stated that the City of Louisville wanted to purchase her property. She stated that the City has never offered to purchase her property. She explained that in a casual conservation with a realtor, she was approached about the City purchasing her property. She asked the realtor if the City indicated that they wanted to purchase her property, however, the realtor declined to answer. 19