City Council Minutes 2001 05 15 - Laserfiche WebLink

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Louisville City Council Meeting May 15, 2001 Page 5 City Attomey Light stated that the map shows the trail on the north frontage of this property being a listed trail for purposes of the Open Space Ordinance. The applicant is requesting an access as a condition of the annexation. Light stated that it would be appropriate for the Open Space Advisory Board to make recommendations to Council because the trail is identified in the Ordinance. Light stated that a hearing must be held within 30 to 60 days after approval of Resolution No. 24, Series 2001, which would bring a hearing date in July. Sisk asked Light, if Council found the annexation to be in substantial compliance, would that preclude the Open Space Advisory Board from reviewing this matter at their next meeting. Light stated that it would not and explained that if the Resolution of Substantial Compliance is passed at this evenings meeting, a public hearing would be required on July 3, 2001. Any other issues brought before Council at the public hearing would require the hearing to be continued. If Council approves the resolution at their next meeting it would allow sufficient time for review by the Open Space Advisory Board. Mehaffy voiced his concern that that the Open Space Advisory Board may review the annexation at one meeting, make recommendation at another meeting, and thus further continue or delay the annexation process. Mehaffy stated that the Statute states without undue delay, and the referral to the Open Space Advisory Board is optional and not required by the Statute. He asked that Council move forward with the Substantial Compliance. Keany asked City Attorney Light if the applicants request for access for a driveway is a part of the annexation process. Light stated that the applicant is requesting that the access be resolved as a condition of the annexation. He stated it would be a topic of discussion at the annexation hearing, but is not part of the substantial compliance resolution. Light stated that if the resolution is passed this evening, the heating must be held within 30 to 60 days. He noted that Mr. Mehaffy is correct that the Statute states without undue delay. Keany stated that he would be willing to move forward with the substantial compliance. Mayer voiced his support of Staff's recommendation based on City ordinances. He noted that the ordinance states the Open Space Advisory Board must have the opportunity to review and make recommendations to Council. He stated that a recommendation from the Open Space Advisory Board would be in the best interest of everyone. Brown concurred with Councilman Mayer's comments and stated that it would be a mistake to go forward without giving the Open Space Advisory Board the opportunity to review and make recommendations to Council.