City Council Minutes 1994 01 04 - Laserfiche WebLink

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Davidson called for Council comments. Mayer stated that he wanted the open space, even though legally under the agreement the City is only entitled to cash-in-lieu of. He stated that this project does not meet the City's zoning requirements. In terms of the street, he felt he would be willing to live with the "negatives," if it could be ameliorated by City staff, because it would benefit other homeowner's in the area. He stated that without the land dedication, he would hold to the zoning requirements, which would allow only five lots on this development. Lathrop stated that the Annexation Agreement is a legal document which says "cash-in-lieu of" and no dedication is required. He stated that the developer had chosen to provide a 9,000 s.f. outlot that provides access to a bike path and naturally joins, perhaps, a subsequent park in the land to the north, when and if that land is developed. He didn't feel there was any merit on weighing heavily on snow removal, etc., on such a very small street. Sisk stated that he would reluctantly vote for this. Howard was concerned about the street widths for serviceability, and the ditch and whether or not years from now there will be problems with the ditch. He wanted an agreement in writing that obligates current and future homeowners to maintaining that ditch. He felt the City must follow the letter of the law. Hornbostel was concerned about the street issue and the liability of the ditch issue. She wanted "phasing" done on this project. Davidson moved that Council approve this on the following conditions: 1.) 2.) 3.) 5.) 6.) The Public Works Director and the developer work out those things that allow for easier access for snow removal, maintaining the street at its width. The City Attorney to review the ditch issue and find, in her opinion, that there is no significant risk of negligence by the City of Louisville. That Resolution No. 36, Series 1993, as it applies to residential growth limitations, clearly applies. That the City Attorney review the Homeowner's Association documentation to ensure that the maintenance of the ditch and the small park is included in language such that the City can be assured it would happen in the future. That there is a written agreement, which is to be approved by the City Attorney, between the ditch owner and the City regarding the maintenance of the ditch. Final street design must be accepted by the Fire District. ~ 10