City Council Agenda and Packet 2018 05 01

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City Council Meeting Minutes April 17, 2018 Page 14 of 15 Councilmember Stolzmann stated she would like to align the distance rules for retail marijuana with the liquor laws. Councilmember Maloney agreed. Members were not in agreement about the downtown ban and asked staff to bring an ordinance that leaves the ban but it could be removed if Council so desires. Members had varying ideas on the store hours. Councilmember Stolzmann didn't feel the need to be so restrictive while others were ok with the hours as set. Staff will bring the draft ordinance with no change. For distances, members decided to bring the new ordinance with a distance requirement of 500 feet from first grade and higher and a requirement of 1500 feet between stores. Staff will bring back an ordinance for consideration. RETURN TO EXECUTIVE SESSION The City Clerk read the statement required by City Code. Attorney Light stated Section 5-2(d) of the home rule charter authorizes an executive session for the purpose of consultation with an attorney representing the City with respect to pending litigation, which includes actual pending lawsuits as well as situations where the person requesting the session believes in good faith that a lawsuit may result. An executive session for this purpose is also authorized by Section 24-6- 402(4)(b) of the Colorado Open Meetings Law. For this executive session, the City Manager and City Attorney are requesting an executive session for consultation with the City Attorney regarding pending litigation, which in this case does not involve any pending lawsuits to which the City is a party but two situations where lawsuits against the City may result. Mayor Muckle moved to go into executive session for the purpose of consultation with the attorneys representing the City with respect to pending litigation on two items, and that the executive session include the City Manager, City Attorney, and Planning Director. Councilmember Stolzmann seconded the motion. Voice vote passed 6-0. Adjourned to Executive Session at 9:42 pm. Returned from Executive Session at 10:27 pm REPORT — DISCUSSION/DIRECTION/ACTION — PENDING LITIGATION City Attorney Light reported the purpose of the executive session was for the discussion of possible lawsuits. There is no need for action tonight. 24