City Council Minutes 2003 09 02 - Laserfiche WebLink

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Louisville City Council Meeting September 2, 2003 Page 6 of 9 Davidson called for City Attorney presentation. City Attorney Sam Light read Ordinance No. 1425, Series 2003. Davidson opened the public hearing and called for Staff presentation. Public Works Director Tom Phare reported Ordinance No. 1418, Series 2003, authorized acquisition of right-of-way for Highway 42/96th Street project. Since its adoption, a modified alignment for 96th south of Dillon Road was selected, reducing the amount of right-of-way needed along the 96th Street frontage of the Schreiter parcel. As the right- of-way easement could not be acquired through negotiation, Council asked Staff to look at alternatives to accommodate construction and not impact the farm residence. The roadway was realigned to the west to avoid all the 96th Street frontage other than a small area located on the south end of the Schreiter property. Only 35' of right-of-way at the intersection of Dillon and 96th Street, along the Schreiter property line, and a 10' grading easement were required. He explained Ordinance No. 1425, Series 2003 is an emergency ordinance in order to maintain acquisition scheduling consistent with the project schedule. He estimated possession of the property by November 1, 2003. COUNCIL COMMENTS Davidson asked for clarification for an emergency ordinance. Phare stated the emergency ordinance is requested to maintain the project schedule. Ordinance No. 1425 adds the th existing rights-of-ways of Dillon and 96 Street so there is no misunderstanding with respect to ownership of the right-of-way. The ordinance eliminates the previously proposed right-of-way, along the 96th Street frontage, except for the intersection of Dillon and the grading easement. Davidson stated he favored Ordinance 1425 as an emergency ordinance because Front Street is not a safe road. It is a residential street being used as a major thoroughfare. Sisk asked if an emergency ordinance requires advertisement of a public hearing. City Attorney Light stated the Charter permits emergency ordinance without publication. An emergency ordinance can be introduced and adopted at any regular or special meeting and publication is not required prior to final adoption. Keany asked for clarification that this ordinance is taking less land from the Schreiter property. Phare confirmed the statement. Brown asked if the right-of-way is taking away from the Schreiter residence. Phare stated the Schrieter residence is not impacted. Davidson asked if anyone in the audience wished to speak for or against Ordinance No. 1425, Series 2003, and hearing none, closed the public hearing.