Open Space Advisory Board Agenda and Packet 2020 05 13

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Open Space Advisory Board Minutes March 11, 2020 Page 2 of 6 there was not. David ask if this was a legal action that staff could take. Nathan answered that it was, but clarified that we are currently discussing a temporary measure. Charles asked if the mayor or council weighed in on this issue. Nathan said there was communication with the City Manager’s office, so they should have been aware. As clarification, this process starts with the Director proposing a new regulation which then triggers the public process and City Council consideration. Nathan Mosley Statement: “I wanted to provide an update to the board regarding the recent implementation and repeal of an administrative regulation impacting open space. As this process has unfolded I have certainly heard and understand the concerns expressed about the use of the administrative regulation and the process that ensued. I want to be clear that my intent was never to act in an arbitrary or capricious manner. The implementation of the administrative regulation was meant to start a public process to ultimately bring clarity to the issue of private access to public open spaces and specifically whether gates or access from private property should be regulated differently than it is currently. The use of the administrative rule was initiated due to a building permit that was submitted to the planning department. Through staffs due diligence process it was determined that the HOA was planning to have the contractor include gates in the fence abutting open space as requested by individual homeowners. In consultation with planning, CMO and the city attorney we determined that: 1. due to the need to provide the HOA with a timely response regarding their pending building permit and 2. because city code was not clear, the use of the temporary administrative regulation would be appropriate in this instance. Again the intent was to clarify and supplement the city municipal code with the goal of protecting open space and beginning a process to determine what, if any, changes to the code were necessary. That process would have included public comment during OSAB as well as public meetings with planning commission and city council. It was not meant to circumvent the public process. Based on additional information received by staff, including public comments at the March 3rd city council meeting the decision was made to repeal the temporary administrative regulation and staff will look at other options and tools available to address the issue in consultation with OSAB in the future. I know that our residents, OSAB members and staff all love the open spaces and amenities that we have in the city and I would never want to jeopardize the continued love and support of the community. I apologize for any negative impact that this incident has had on the reputation of Louisville Open Space and will take steps in the future to repair any damage this incident might have caused.”