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Louisville City Council Meeting <br />July 2, 20O2 <br />Page 7 <br /> <br />Brown asked if the annexation agreement required an ADA compliant trail. Johnstone <br />confirmed that the annexation agreement required the trail be ADA compliant. <br /> <br />Brown voiced his support of the continuation of the trail and asked if the City improves <br />the trail, would it have to be ADA compliant. <br /> <br />City Attorney Light stated his understanding that the trail would not be required to be <br />ADA compliant. He noted that the original annexation agreement acknowledged that a <br />public use trail constitutes a community benefit and the trail shall meet ADA design <br />standards. Based on further review of the engineering, it was determined that an ADA <br />compliant trail could not be placed within the 15% land dedication. He stated that the <br />contribution to an ADA compliant trail is not required if the trail is not improved. <br /> <br />Brown asked if there was some flexibility for this Council or a future Council to improve <br />the trail to be ADA compliant. Light stated that this Council or some future Council <br />might decide to improve the trail to be ADA compliant. He addressed the liability issue <br />and explained that the City does not assume strict liability by taking ownership. He <br />stated that a personal injury claim must be assertive, and show that there was a dangerous <br />condition of a public facility located in park or recreation area maintained by the public <br />entity. <br /> <br />Brown asked about the landscape plan, and stated his assumption that there will be <br />flexibility in the installation of landscaping until the water restrictions are lifted. <br />Johnstone confirmed Council member Brown's statement and explained that only the <br />written plan would be finalized. <br /> <br />Keany stated his understanding that the trail had to be ADA accessible, and if not <br />practical, an alternate route would be established. He stated that at one point he would <br />like to see the City improve the trail, if only to a soft surface trail of gravel. <br /> <br />MOTION: Keany moved that Council approve Resolution No. 24, Series 2002, with the <br />four conditions, seconded by Brown. <br /> <br />Sisk offered a friendly amendment that the applicants would not be not be required to pay <br />any cash contribution in lieu of dedication. <br /> <br />Keany and Brown accepted the amendment. <br /> <br />VOTE: Roll call vote was taken. The motion passed by a vote of 6-0. Levihn excused. <br /> <br />RESOLUTION NO. 25, SERIES 2002 - A RESOLUTION CONCERNING A <br />PETITION FOR THE ANNEXATION OF PROPERTY TO THE CITY OF <br />LOUISVILLE, COLORADO, KNOWN AS THE COMMUNITY PARK <br />ANNEXATION, AND FINDING THE AREA PROPOSED TO BE ANNEXED <br />ELIGIBLE FOR ANNEXATION <br /> <br /> <br />