City Council Minutes 2004 11 03 - Laserfiche WebLink

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Louisville City Council Meeting November 3, 2004 Page 6 of 10 Tom Rafferty, 945 Rex Street, Louisville, CO stated his views are not against the applicants, but are of concern for safety and prudent design. He stated it is a matter of principle of who owns the land. He thanked everyone for compromising on the property. He recognized the human element, but noted the rights of the residents. He voiced his confusion with the proposed agreement. Barbara Hesson, 526 LaFarge Avenue, Louisville, CO stated the citizens worked very hard to have the right-of-way open for public access. She addressed the safety issues and requested the right-of-way be open for public use. COUNCIL COMMENT Council member Van Pelt thanked the applicant for working with the City to reach a compromise. She stated the only other way to resolve this issue may be through litigation. She did not feel the applicants or the City would be well served in a litigation process. She stated the agreement involves only the four adults, and does not address the future generations. She voiced her opinion that the agreement reflects a fair compromise. Council member Marsella voiced her'confusion with the agreement. She stated her understanding that the agreement extended only to the four applicants. However, the agreement also includes the applicant's heirs. City Attorney Sam Light explained the agreement stipulates that at least of one of the four current adults must occupy one of the homes and a family member must occupy the other home. Council member Marsella commented the City's portion of the 20' fight-of-way may not be available for 80 years. She noted the City has a valid use for that 20' portion of the right-of-way, and the residents support the City maintaining the fight-of-way. She stated she could not support the agreement. Mayor Sisk recognized the amount of work that was accomplished on the agreement, and noted a settlement is necessary. He stated the agreement resolves the City would not take immediate possession of 20' of the right-of-way, and thus he could not support the agreement. PUBLIC COMMENT Tom Rafferty thanked Council members Van Pelt, Marsella and Mayor Sisk for their comments. Claire Levy explained the agreement only extends to the four applicants as long as they continue to live in either of the two houses.