City Council Minutes 2006 02 07 - Laserfiche WebLink

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City Council Meeting Minutes February 7,2006 Page 6 of 18 Dennis Richmond, 306 Chestnut Street, Louisville, CO asked Council member Muckle to recuse himself voting on Ordinance No. 1483. He also requested Section R & U not be voted on until Mayor Sisk returns. Council member Muckle stated he and City Council received extensive ethics training two weeks ago. He was advised by the City Attorney that he does not have a conflict of interest. According to the Ethics Code a financial interest constitutes a conflict of interest and he does not have a financial interest. City Attorney Light stated the Code of Ethics defines a financial interest of gaining or avoiding financial loss. He noted a Charter rule that if a board or commission member is elected to City Council, they are automatically deemed to have given up the seat on the board or commission. He explained the ordinance is a legislative matter, not quasi-judicial. After discussions with Council member Muckle, the City Attorney determined there is no conflict of interest. Pat Hornbostel, 655 W. Hawthorne, Louisville, CO, reviewed the history of the City's open space properties prior to the Open Space Management Plan. He explained the encroachments in the Open Space land had not been monitored; however the Charter mandates the preservation of open space land, which requires legislative action. He stated the Open Space Advisory Board followed the Home Rule Charter in the development of the Open Space Rules and Regulations. He supported passage of the ordinance. Michael Gulletta, 995 Estes Way, Louisville, CO Open Space Advisory Board Chairperson, urged Council to adopt the Rules and Regulations as submitted. He reviewed the Board's procedure in the adoption of the rules and regulations and explained the Board's meetings were properly noticed. There was very little public comment until after the rules and regulations were passed, then several comments were received by residents who had neighborhood gardens, primarily in Dutch Creek. He explained the Board did listen to their comments and considered compromises, but ultimately followed the mandates of the Charter. Nancy Harper, 256 S. Jefferson Avenue, Louisville, CO expressed her support for keeping the neighborhood garden. She explained she's had her garden for 13 years and was granted permission to have this open space garden by the City. She asked existing gardens be grandfathered in. Susan Morris, 939 W. Maple Court, Louisville, CO stated the citizens of Louisville have always supported open spaces. She did not support encroachment and stressed it is not an appropriate use of open space. She stated open space property is owned by all the people and not just the people whose homes border the open space. She emphasized it can be a refuge for wildlife or a recreational area for the citizens. She urged Council to support the ordinance.