City Council Minutes 2000 09 19 - Laserfiche WebLink

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Louisville City Council Meeting September 19, 2000 Page 17. Davidson stated his belief that any land is good land for open space. He felt that there might be a better use for the land such as parkland or open space. He reviewed the petition for open space and commented that the issue may be subject to referendum and a vote of the citizens. Sisk reviewed the history of the City's desire to purchase property for open space. He noted that the City hired a realtor, Steve Anderson, to explore the purchase of the Fischer property. He noted that Mrs. Fischer referred to the conversation with the Mr. Anderson as casual, however, Mr. Anderson stated that he had two conversations with Mrs. Fischer. According to Mr. Anderson, when asked about the City purchasing the property, Mrs. Fischer responded that she had partners and could not sell the property to the City. Sisk concurred with Davidson that this might be a referendum issue. Howard voiced his concern over the single entrance into the development and the need for parks and open space. Mayer asked the City AttornEy about referring the annexation to a referendum process. City Attorney Light stated that one option is to take the ordinance to annex and add language referring to the voters, complete with the ballot title, and state that the ordinance does not take effect unless or until the question is approved by the voters at a special election. He stated that the annexation agreement would have to be reviewed to determine whether the question of the zoning would be referred or not. He stated that there are other options for referring the question. MOTION: Mayer moved that Council continue Ordinance No. 1344, Series 2000, to the first meeting in October, to allow the City Attorney to draft a referendum question to the voters, seconded by Sisk. Brown asked City Attorney Light about annexation law, and if the annexation were denied, what rights would the properly owner's have. Light stated that if this is truly an enclave, they might have some rights to petition for annexation through a Court proceeding. He stated that the property might have to be 100% surrounded by other annexed territory. Light stated that he would have to investigate the referendum vote, if it were against the annexation, and dovetail it with the statute addressing enclaves. Brown cautioned that this might be simply delaying an inevitable situation. Davidson asked the City Attorney about the annexation of an enclave. He stated that it was his understanding that an enclave could get a court judgment for annexation but that the judgment would not include zoning. 17