City Council Minutes 1976 06 17 - Laserfiche WebLink

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CTC CONTln from the City staff were forwarded to the LUC and the LUC has the right to con- sider the City designation and has the right to accept, recommend thati the City modify them, or take the City to court or the governors office. The hearing at the LUC will be the last week in July. Mr. Houlehan stated that the matter that will remain for consideration will be based on Geologic Hazard designation. He stated that it was still an open ques- tion exactly what is the standard, as to whether the City is acting properly under HB 1041 of 1974 and he thought that the City will have to assume that the test is the same as in all other administrative law; if the City acted reasonably in light of all the evidence it had before it. Approximately two weeks ago the preliminary pun was presented to the Louisville Plan- ning Commission and they recommended to Council the approval of the pun plan and the annexation agreement. Mr. Houlehan stated that in regards to the annexation and zoning agreement; this agreement is about the same as the one that was recommended for adoption in the spring of 1975, however, when the court decree came down early 1976, the Lun indicated thoroughly that if an annex- ation agreement was adopted between the developer and Louisville that this would be contracting away the Police power by Louisville, which was identified both by the City Attorney and the developer, that the present Council can not bind future Councils and the agreement simply memorializes the discussions of negotiations. The LUC indicated that there would be all kinds of problems in another annexation agreement was entered into. The agreement was then modified strictly to a services agreement that concerned only water and sewer. Mr. Houlehan stated that the LUC repre- sentative, Mr. Kurtz-Phalen, stated that almost every thing was in order in re- gards to land use compliance, but the City did not have an annexation agreement, so they could not properly control this. Since the LUC has changed, we have all changed with them and new have an annexation agreement which is similar to the old one. The annexation agreement 8