City Council Minutes 2001 03 20 - Laserfiche WebLink

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Louisville City Council Meeting March 20, 2001 Page 10 Howard offered an unfriendly amendment to strike the sentence that states the majority of the open space will be located on the west side of the property, seconded by Mayer. Mayer stated that he concurred with Councilman Howard's comments. He asked City Attorney Light if there was a problem in adopting an annexation agreement prior to the zoning process. Light stated that there was not a problem as both actions are occurring simultaneously. Mayer reminded Council that adoption of the agreement requires four affirmative votes. City Attorney Light confirmed that four affirmative votes are required. VOTE ON THE AMENDMENT: Roll call vote was taken. The amendment failed by a vote of 3-2. Keany, Brown, and Levihn voted no. Sisk recused. City Attorney Light offered as a friendly amendment that the motion also include authorization for the Acting Mayor to execute the agreement on behalf of the City. The amendment was acceptable to Brown and Levihn. Light noted that Councilman Brown's motion did not delete the word "both" that appears in Section 16.c and offered as a friendly amendment that it be deleted. He stated that the motion should delete the phrase "but not the number of, both." The amendment was acceptable to Brown and Levihn. Light addressed the access points and stated that to strengthen the language and reserve the ability at the time of PUD to review the access, the second sentence of 16.c, which begins "One Access shall," and the fourth sentence, which begins "The private drive shall," should have introductory language as follows: "the parties generally intend that, unless otherwise determined in the PUD process." He noted that without that language, it could be construed as an unconditional commitment that there would be two access points. Brown stated that he wanted flexibility to accommodate the PUD process. Brown and Levihn accepted the friendly amendment. Howard asked the applicant if they accept the amendments. Wayne F. Forman, Brownstein Hyatt & Farber, P.C., 410 Seventeenth Street, Denver, CO, Attorney representing the applicant, agreed to accept the changes to the agreement. Mr. Forman proposed a modification of the language on 16.e and suggested using the same language proposed by City Attorney Light. He stated that unless the access to open 10