City Council Minutes 2001 10 02 - Laserfiche WebLink

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Louisville City Council Meeting October 2, 2001 Page 5 Sisk asked what the current arrangement is for providing City water. Sisk stated that this document could be the key because it may be predisposed to annexation when eligible. Garrett Mundelein stated that there is no document on file with Boulder County based on his research. Sisk urged staff to locate the documents for this property and stated that he would support annexation, which would benefit the homeowners and the residents of Louisville. Keany asked City Attorney Light, should Council grant this request, could there be a clause in the agreement that requires annexation within a certain period of time. Attorney Light stated that under the annexation statute, such clause could be included for a period of five years or less. Light stated that the mechanics would be to obtain a power of attorney in the pre-annexation agreement that would allow the City to exercise the agreement in the absence of a voluntary annexation. Keany stated he concurred with Mayer's statements, and would be in favor of a legitimate negotiated fee. He asked Mundelein to explain the improvements that would be made to the home. Mundelein stated that the current foundation is substandard and will be replaced in addition to possibly adding a second floor. Keany stated that if future improvements are made, he would be in favor of a City review. Mundelein asked if there is more than one type of annexation, stating concern that his client would be required to meet the 15% land dedication requirement. Mayor Davidson stated that such terms can be negotiated and that he did not recall land dedication or fee in lieu of payments in other such similar situations. Howard asked Phare for clarification that there is a City water tap to this particular property. Phare stated that was correct. Howard asked Phare to confirm that there is a lack of documentation to determine how this occurred. Phare stated that while he could investigate the matter further, it is not unusual for there to be little, if any, documentation on the water services in this area, and that there were half a dozen or so there historically. Howard stated that he did not have a problem with negotiating fees, however he would like to see the property come into the City if services are going to be provided. Secondly, Howard commented that a significant amount of improvements are going to be done to the property, but that it is being considered that the City should not get the normal improvement tax. Howard stated that the applicant has stated no desire to become a resident of Louisville, however, they are expecting the rest of the citizens of Louisville to subsidize their services. Howard concurred with Sisk that the existing documents on this property be thoroughly examined so that a precedent is not set for other common properties.