City Council Minutes 2006 02 07 - Laserfiche WebLink

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City Council Meeting Minutes February 7,2006 Page 10 of 18 Council member Clabots stated as Council's liaison to the Horticulture & Forestry Board, he is concerned with maintenance of trees and use of pesticides. Council member Marsella noted the ordinance lacked a prohibition of storage of private property on open space land. Land Management Director Robson confirmed that was not included in the ordinance. City Attorney Light stated, the City as a property owner of open space land, has other recourses and suggested adding a provision to Subsection R prohibiting any personal property storage on open space land. Council member Marsella stated the issue is not the type of garden, or the length of time the garden has been planted, but the fact the land is owned by all the citizens of Louisville. MOTION: Council member Sackett moved to continue Ordinance No. 1483, Series 2006, for two weeks. There was no second to the motion. Mayor Pro Tem Brown asked if the closure of the open space would prohibit neighbors from entering the open space through their open space entry gates. Land Management Director Robson stated it would preclude such entry if it was determined there was a danger to either the public or wildlife. Mayor Pro Tem Brown inquired as to administrative rule discretion. He asked what recourse a citizen would have. City Manager Simmons stated this ordinance is no different than any city ordinance, where an officer would exercise discretion. The recourse would be through the Department Director, City Manager and City Council. Mayor Pro Tem Brown summarized there had been substantial discussion on the public notice process; ordinance prohibitions; and open space encroachments. He agreed the tone of the ordinance is more regulatory than necessary. He supported a grandfathering clause, requiring a permit, fee and contained size, and if the resident failed to obtain the permit, the garden use would be prohibited. He felt some uses should be prohibited, such as the storage of personal property on open space land. Mayor Pro Tem Brown requested public comment. Robert Sanford, 322 S. Jefferson Avenue, Louisville, CO supported Mayor Pro Tem Brown's proposal and suggested phasing out the gardens over a period of time. He requested the cost of open space maintenance and a time table. He stated his expectation of Council is if the ordinance passes, the City will maintain the open space land. . .