City Council Minutes 2006 02 07 - Laserfiche WebLink

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City Council Meeting Minutes February 7, 2006 Page 9 of 18 Council member Muckle asked the reason for the provision the open space closes one hour after sunset. Open Space Coordinator Moline stated if a resident asked for an exemption, the Land Management Staff would review that request. He explained the reason behind the closures were public safety issues. Council member Muckle asked about enforcement in the rule section referring to the removal or banning someone from the open space. Open Space Coordinator Moline stated if there is a party violating a rule that would put someone in danger, they would be asked to leave the open space. Council member Muckle noted times have changed, and open space is precious. He stated it is not a Dutch Creek issue, and agreed there are open space encroachments throughout the City. He explained the Harney/Lastoka property would provide public garden opportunities. With respect to public notice, he stated the Open Space Advisory Board had public meetings, which are posted on the City's Web Page. He emphasized Louisville's Home Rule Charter prohibits licenses or permits. Council member Yarnell reported she was contacted by a citizen who expressed concern over public notice, Council member Muckle's voting on the issue, and Mayor Sisk's absence creating a split vote. She asked the City Attorney to address those concerns. City Attorney Light stated if there were a split vote, the ordinance would not pass, as a majority vote is required. He noted the ordinance is a legislative matter, and does not address any legal property rights issues. Council member Yarnell stated with respect to public notice, the City has given as much notice as possible. Although she felt there could be compromise in some cases, she did not support compromise on open space land. Council member Clabots asked why the violations section of the ordinance was broken into two sections, one regarding fire arms and fire works, and the other, all other violations. City Attorney Light addressed the steps of the enforcement of violations were set in different schedules. Fire arms and fireworks violations have two steps in the assessment of fines, where other violations have four steps in fine assessments. He explained depending on the nature of the conduct there is a different fine, and the police department could cite violations in either the open space section of the Louisville Municipal Code or other parts of the code, or both. Council member Clabots expressed his concern over motor scooters as well as other vehicles on the open space. Open Space Coordinator Moline explained the sections of the ordinance make a determination on the severity of the violation. - .