City Council Minutes 2000 02 15 - Laserfiche WebLink

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He felt that the "shall" gives the Ordinance more structure and support. He stated he was very pleased with the outcome of the process. Sisk stated his concern over potential problems with some of the "shall" and "intends to" language. He gave the examples 4.03.010, page 7, Section C Open Space Visitor- Land, Paragraph 3, "Visitation levels to this classification of land shall be moderate to moderately high". He agreed that the "shall" language was appropriate. However, on page 6, Paragraph A. Open Space -Preserve, "Where Open Space-Preserve land is adjacent to other Open Space or other City-owned land, it is the "intention" that ...."In that instance, Sisk felt the "intention" language is more appropriate. Brown stated that the particular paragraph was meant to include "intention." It was to address a situation between two different classifications of open space land. The intent is such that when possible, the land of lesser preservation standard would be managed so as not to injure or interfere with the higher level of preservation. He agreed that that this particular "intention" language remain as "intention." Sisk stated that if all the "intentions" were changed to "shall" it would not read correctly. Sam Light, City Attorney, reviewed the "shall .... intend" language in Chapter 4.03 - Management of Open Space Lands. 1 .) In Section 4.030.010, Introductory Paragraph, Page 6, second sentence, "It is "intended" that the differing classification of Open Space will require different management policies," will remain as "intended." 2.) In the same sentence, "with the intended uses of the land" will remain as "intended." 3.) In the same paragraph, the last sentence "The City of Louisville "intends" to manage Opens Space according to the following classifications" will be changed to "shall". 4.) In paragraph A. 1, Open Space-Preserve, "Where Open Space-Preserve land is adjacent to other Open Space or other City-owned land, it is the intention that when possible the adjacent land shall include a sufficient buffer area to permit the successful management of the Open Space-Preserve land," will remain the same. 5.) In the same sentence "the adjacent land shall include a sufficient buffer," will remain "shall." 6.) In Paragraph A. 2., the first sentence "This land shall be managed," will remain "shall." 7.) In the second sentence, "It is the intention that management of City-owned lands," will be changed to "shall," by striking the phrase "it is the intention that" at the beginning of the sentence. 14