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<br />CITY ATTORNEY'S REPORT <br />ORDINANCE #808 - LOUISVILLE <br />ASSOCIATES - REZONING <br /> <br />STUDY SESSIONS - NOV. 10, 1983 <br />AND NOV. 22, 1983 <br /> <br />Councilman Leary <br /> <br />John Alshuler, Representing <br />Louisville Associates <br /> <br />11/3/83 <br /> <br />Page -6- <br /> <br />Councilmembers had a copy of the ordinance; <br />Attorney Rautenstraus read it by title only <br />on first reading, and the request was for <br />publication and a public hearing be set for <br />December 6, 1983. Councilmembers also had <br />copies of a proposed development agreement <br />as well as a memo from the City Administrator <br />highlight.ing some of the concerns in respect <br />to the rezoning and development agreement. <br />Administrator Wurl went through each of the <br />10 concerns listed on his memo. <br /> <br />Mayor Meier suggested that study sessions <br />be set up with council and the developer <br />for the evenings of November 10, and November <br />22, 1983 at 7:30 P.M. to discuss these con- <br />cerns. <br /> <br />Commented before a public hearing date is set <br />he would be interested in hearing from the <br />applicant to see whether council has a clear <br />understanding of these issues and if there <br />is a good possibility that they will be re- <br />solved. <br /> <br />Mr. Alshuler stated that they did not have <br />a copy of the list of concerns; but were <br />prepared to have any study sessions that <br />council desired to call to resolve the issues, <br />so that the public hearing can be held on <br />December 6, 1983. Felt confident that agree- <br />ment could be reached on the design guidelines, <br />awaiting comments from the staff on this item, <br />i.e. quality of product, density issues, as <br />well as tightening up the restrictions of any <br />development on the mesa. <br />Relative to the subdivision agreement, the <br />attached letter addresses some of the issues <br />that were raised last week. They are pre- <br />pared to escrow the open space deeds upon <br />approval of the rezoning. Felt that it would <br />take several months to complete the surveys <br />for the open spaces. Have had discussions <br />with McStain Enterprises and felt they were <br />not far off from an agreement - that has <br />been clouded by the tieing issue. Mr. Alshuler <br />stated this puts them in a bind as it creates <br />a marketing problem for them. When the agree- <br />ment is discussed with McStain stated he was <br />prepared to put forth an incentive plan that <br />would work to promote a goal oriented positive <br />attitude to bring the commercial development <br />