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City Council <br />Meeting Minutes <br />December 4, 2018 <br />Page 6 of 7 <br />Councilmember Leh thought a third party was a good idea and felt the past process <br />could be improved. <br />Councilmember Loo favored going with a facilitator. She felt she and Councilmember <br />Maloney would be a good team to look for a facilitator. <br />Mayor Muckle asked Councilmember Maloney if he was willing. He stated yes. <br />Council directed Councilmembers Loo and Maloney to work with HR and Deputy City <br />Manager Davis to find a facilitator. <br />EXECUTIVE SESSION <br />WATER RIGHTS ACQUISITIONS AND DISPOSITIONS <br />(Louisville Charter, Section 5-2(c) — Authorized Topics — Consideration of water rights <br />acquisitions and dispositions, only as to appraisals and other value estimates and <br />strategy, and C.R.S. 24-6-402(4)(a)) <br />PENDING LITIGATION <br />(Louisville Charter, Section 5-2(d) — Authorized Topics — Consultation with an attorney <br />representing the City with respect to pending litigation, and C.R.S. 24-6-402(4)(b)) <br />City Attorney Kelly introduced the item. The Deputy City Clerk read the statement <br />required by City Code. <br />Attorney Kelly stated Section 5-2(c) of the home rule charter authorizes an executive <br />session for the purpose of consideration of water rights acquisitions and dispositions but <br />only as to appraisals and other value estimates and strategy for the acquisition or <br />disposition of such rights. An executive session for this purpose is also authorized by <br />C.R.S. Section 24-6-402(4)(a) of the Colorado Open Meetings Law. <br />Attorney Kelly stated Section 5-2(d) of the home rule charter authorizes an executive <br />session for the purpose of consultation with an attorney representing the City with <br />respect to pending litigation, which includes actual pending lawsuits as well as <br />situations where the person requesting the session believes in good faith that a lawsuit <br />may result. An executive session for this purpose is also authorized by C.R.S. Section <br />24-6-402(4)(b) of the Colorado Open Meetings Law. <br />Mayor Muckle moved to go into executive session for consideration of water rights <br />acquisitions and dispositions and regarding pending litigation. The executive session <br />will include the City Manager, City Attorney, and Water Resources Engineer. <br />Councilmember Loo seconded the motion. All in favor. Council went into executive <br />session. <br />REPORT — DISCUSSION/DIRECTION/ACTION <br />43 <br />