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when they do come in. I think that Howard's idea <br />is good in whole. I think we should have all the <br />facts together before the decision is made. Also <br />felt that maybe these concerns were premature, <br />because the :Land has not been annexed to the city <br />yet. <br />Howard: Wanted to make sure that we know what the citizens <br />want and make sure we are fair to everyone. <br />Franklin: Gave a brief overview of what the process was for <br />the developer and what he would have to go <br />through. <br />Brand: Stated that the resignation from Kevin Obenchain <br />on the Downtown Revitalization Program was given <br />to her. Hanle Bortz from Public Service would like <br />to fill that vacancy. Council may appoint Hank <br />Bortz to the Downtown Revitalization Program or <br />Council may want to advertise. <br />Council felt that staff should advertise for the position. <br />Mayor Fauson: There is a vacancy on the Planning Commission and <br />that position needs to be advertised also. <br />CITY ATTORNEY'S REPORT <br />Griffiths: Recommended that before adjournment Council call <br />an Executives Session to discuss a matter of <br />pending litigation specifically the status of the <br />litigation involving the Town of Superior versus <br />the City of Louisville. If you choose an <br />Executive Session now you need a motion by someone <br />on the Council and an approval by majority vote of <br />Council to go into Executive Session. <br />Mayor Fauson moved to go into Executive Session, seconded by <br />Szymanski. All in favor. <br />Mayor Fauson stated there will be a five minute recess and then <br />go into Executive Session and then return and continue the <br />Council meeting. <br />Mayor Fauson called the meeting back to order. <br />Mayor Fauson stated that a motion will be proposed by the city <br />attorney. <br />Griffiths: Motion would be to authorize the issuance of a <br />sewer tap which was requested by the Town of <br />Superior in late July, subject to the conditions <br />that the issuance of the tap not waive or <br />prejudice any rights of the city in the pending <br />9 <br />