City Council Minutes 2004 12 07 - Laserfiche WebLink

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Louisville City Council Meeting December 7, 2004 Page 5 of 11 VOTE: Roll call vote was taken. The motion passed by a vote of 6-0. Council member Clabots was absent. ORDINANCE NO. 1453, SERIES 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 - 2n~l reading - public hearing continued from 9/7/04, 10/19/04, and 11/3/04 (advertised Daily Camera 8/7/04) Mayor Sisk requested a City Attorney introduction. City Attorney Light read Ordinance No. 1453, Series 2004. Mayor Sisk noted the public hearing in this matter has been continued. He 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 of a portion of the Front Street right-of-way. He also reviewed the history of the subject vacation parcel, which was platted as part of the Murphy Place Subdivision in 1907. He explained the Community Park Concept reflected that pedestrian access from the Park would extend to the north property boundary of the park. At that point the trail system aligns with Main and Front Streets to provide direct pedestrian/biker access from the Park into the adjoining neighborhood and the downtown commercial center. Wood explained the Easement Deed and Agreement as drafted, conveys an exclusive easement to the current four adult owners/occupants (grantees) of 221 and 224 Front Street. The City would not take possession of its right-of-way as long as at least one of the current four adults owners/occupants (grantees) occupy either of the homes and neither home is occupied by any third party. Wood read three letters from Louisville residents into the record: November 28, Robert W. Lathrop supported vacation of the right-of-way and the immediate vacation of the City's portion. November 26, letter from Jean Morgan requested the City retain access to the new Community Park. November 28, letter from Tom Rafferty requesting the City maintain access to the park through Front Street. Mayor Sisk asked that three letters be placed in the record of the public hearing. PUBLIC COMMENT Marilyn Reich, 1017 Rex Street, Louisville, CO requested that the City Council keep the issue out of court. She noted discussions on a compromise were not successful because the public did not understand the issue was about land ownership and not at all about an entrance to the new park. She voiced her support for the Sawyer family.