City Council Minutes 2004 11 03 - Laserfiche WebLink

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Louisville City Council Meeting November 3, 2004 Page 5 of 10 MOTION: Mayor Sisk moved to continue the public hearing on the Proposed 2005 Operating & Capital Budgets to November 16, 2004, seconded by Council member Brown. All in favor. ORDINANCE NO. 1453, SERIESE 2004 - AN ORDINANCE APPROVING THE VACATION OF A 50-FOOT BY 60-FOOT PORTION OF THE SOUTH FRONT STREET RIGHT-OF-WAY LOCATED BETWEEN BLOCK 8 AND BLOCK 9 IN THE MURPHY PLACE SUBDIVISION IN THE CITY OF LOUISVILLE - 2nd reading - public hearing continued from 9/7/04 and 10/19/04 (advertised Daily Camera 8/7/04) Mayor Sisk requested a Staff presentation. Planning Director Paul Wood reviewed the applicants, Kenneth and Bernadine Sawyer of 224 Front Street, and Philip and Denise Ehrmann of 221 Front Street, request to vacate the full-width portion of the Front Street right-of-way between lots 16 and 17, block 8 (221 Front Street) and lots 10 and 11, block 9 (224 front street) Murphy Place Subdivision. The area proposed for vacation is the platted street tight-of-way, which is 60 feet wide and 50 feet long (3,000 sq. fi.). The parcel is a portion of Front Street and was platted as part of the Murphy Place Subdivision in 1907. The parcel represents 50 feet of Front Street as it dead-ends into a parcel acquired by the city and platted as the community park. The community park parcel is located adjacent to and immediately south of the Murphy Place Subdivision. The first reading of the ordinance was August 3, 2004, and a public hearing was conducted September 7, 2004. Council continued the heating to October 5, 2004, October 19, 2004 and November 3, 2004. On October 28, 2004, Staff and Council members Van Pelt and Levihn met with the applicant to work out a compromise. The proposal would call for the immediate vacation of the 60' wide right-of-way with the exception of 20' which would be retained as City right-of-way. The City would not take possession of its tight-of-way as long as any of the current four adult owners/occupants of 221 and 224 Front Street occupy either of the homes and that neither home is occupied by a third party. Should Council desire to approve the proposal, Staff requests a continuance of the public hearing in order to prepare and republish a revised ordinance that contains seconding reading amendments reflecting vacation of less than the full 60 feet of right-of-way. Staff would also request the continuance to allow the right-of-way to be surveyed to locate the public and private utilities, which are currently located within the right-of-way. Mayor Sisk opened the public heating and requested public comment. Claire Levy, 3172 Redstone Road, Boulder, CO representing the applicants thanked Council members Levihn and Van Pelt for meeting with them. She stated the applicants support the agreement and hope the Council will also support it.