City Council Minutes 2001 03 20 - Laserfiche WebLink

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Louisville City Council Meeting March 20, 2001 Page 9 JoBelle Fischer, 701 W. Spruce Street, Louisville, CO, voiced her concern that the entire neighborhood has reached consensus and the rights of all the homeowners are disregarded when one homeowner does not agree. Howard stated that the comments of Mrs. Fischer were duly noted however; he was trying to find some mechanism to move forward. Mayer explained that if one person has an objection, it does not mean that Council cannot proceed forward. He stated that it is not the function of Council to preserve one person' s view corridor. The Council's function is to look after the interests of all the citizens. He noted that through the PUD process, the Planning Commission will have the time to fully examine the proposal. He stressed that Council uses their best judgment in deciding these issues. Mayer recognized that there has been a lot of effort put forth in this proposal. MOTION: Brown moved that Council approve the Fischer Annexation Agreement as presented with the following amendments: in paragraph 16.c, lines 9 and 10, deletion of the words "but not the number of" and inclusion as an addendum to paragraph 16.e, line 5, after Exhibit C, "provided that a determination of substantial compliance shall consider engineering, safety, municipal, physical, and other issues that arise during the PUD process," seconded by Levihn. Brown stated his belief that it is important for Council to go forward and consider the efforts on all sides of the issue. Howard asked if the changes proposed by Councilman Brown were acceptable to the applicant. Sparn stated there were acceptable. Keany voiced his concern about the open space issue. Howard asked City Attorney Light if the modification to the agreement would allow the Planning Commission more flexibility. Light stated that, with the concept plan attached and the use of the word "majority," there is a clear intent demonstrated by the agreement that a portion of the open space will be located on the west side. He noted that there may be some flexibility, however the agreement now reads that the majority of the open space will be located on the west side and not the north and west side. Howard offered a friendly amendment to strike the sentence that states that the majority of the open space will be located on the west side of the property. Brown did not accept the friendly amendment. Howard stated that he would prefer to provide the Planning Commission with some flexibility with the location of the open space. 9