City Council Minutes 1997 11 05 - Laserfiche WebLink

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Davidson opened the public hearing and called for the applicant's presentation. Sisk asked if the applicant's attorney had any objection to his attendance at this hearing, since they had been involved in some litigation previously. Clark Edwards, Attomey for the applicants, had no objection. He introduced George Menkick, one of the property owners. He stated that they were requesting a continuance of this item until their agreement with Superior is firmed up. Davidson called for Council questions. Mayer felt Council was being used in their negotiating strategy with Superior. The City of Louisville reached an agreement with Superior. Menkick and Biella sued the City of Louisville for disconnection. The City of Louisville finally agreed and now Council was being told to suspend the disconnection solely for the convenience of the applicant's negotiating strategy with Superior. Edwards denied it was a negotiating strategy, they just did not want to end up in Boulder County while waiting for Superior's agreement to be firmed up. Sisk shared Mayer's concern. He also felt they needed to be out of Louisville in order to be negotiating with Superior. Lathrop preferred to have the Biella/Menkick property in Louisville until we are assured that our understanding and the agreement are as perceived. Keany agreed with Lathrop and did not want to give up the sales tax dollars until the agreement is finalized. Davidson pointed out that the IGA does not require Superior to annex the Biella/Menkick property, nor does it require Louisville to annex the five acre State property. That was left solely up to the Town of Superior and the City of Louisville. Council could not entertain this amendment because it would in effect be adding a condition to the IGA after everyone voted on it and agreed. Tami Tanoue, Griffiths & Tanoue, pointed out that even though the applicants were asking for a week or so extension, just by operation of the statutes concerning ordinances, the window before the property is kicked out into the County is at least 30 days. Beyond that, it has to await the actual filing with the County Clerk & Recorder. Edwards pointed out that they have a right, as negotiated in their original petition, to withdraw their disconnection. They have exercised that fight. He stated that the prudent thing for Council to do would be to grant a window of opportunity, which he felt was for everyone's benefit. They did not want to be in a position of challenging this ordinance.