City Council Minutes 2001 11 20 - Laserfiche WebLink

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Louisville City Council Meeting November 20, 2001 Page 11 as a member of the public. He stated that one of the owners is a friend and has said that the conservation easement negotiations have not been handled appropriately. Howard asked if it was a reasonable statement to say that the Northwest Parkway Agreement is a zoning action. Light stated that the Northwest Parkway Intergovernmental Agreement is a comprehensive development plan, authorized by state statute. Howard asked if failure to pass this ordinance would result in the Northwest Parkway withholding funds from the City. City Attorney Light stated that the obligation in the contract states that the parties each agree to undertake all steps to adopt procedures, plans, policies and ordinances, and other regulations as may be necessary to implement and enforce the provisions of the plan. Light stated that it is all part of the IGA and this is a follow-up procedure. Light stated that the Agreement addresses consequences over the timing of all the procedures, and suggests that no party is under obligation to divide the right-of-way until other parties have either acquired the necessary conservation easements or taken regulatory actions. He stated that the terminology of either/or, does not mean the zoning actions that follow need to be concurrent with any acquisition of the interest in the property. However, there is a recognized obligation to negotiate in good faith, and to acquire interest with respect to this property. Davidson asked if there were any additional comments from Council or the public. Hearing none, Davidson closed the public hearing. Brown stated that the City is having on-going discussions with the landowners. He asked if the negotiations should be completed before Council takes action, or whether it is it reasonable to move forward with the ordinance this evening. Simmons stated that Staff continues to negotiate in good faith with the property owners to obtain conservation easements. However, if Council is uncomfortable with moving forward with the ordinance, it may be continued. Davidson stated that the City has signed an agreement with the Northwest Parkway and agreed to compensate the landowners. He stated that the City is complying with the terms of the Agreement. Mayer stated that the City should proceed with the ordinance. He stated that through the IGA, the rezoning has already occurred and the ordinance will bring the City in compliance with the Northwest Parkway Agreement. MOTION: Sisk moved that Council adopt Ordinance No. 1361, Series 2001, seconded by Howard. 11