City Council Agenda and Packet 2009 11 02

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City Council Meeting Minutes October 20, 2009 Page 10 of 15 City Attorney Light explained in order for the City Council to call an executive session on two different topics, two motions are required. City Clerk Varra read Sec. 2.90.050 Public statement from the Louisville Municipal Code, which governs the topics for discussion in an executive session. City Attorney Light explained Sec. 5 -2 (c) of the Home Rule Charter authorizes an executive session for the purpose of consideration of real property acquisitions and dispositions of property owned by the City and is limited to appraisals or value estimates and strategy. An executive session is also authorized by the open meetings law of the CRS Section 24- 6- 402(4)(a). City Attorney Light explained the Louisville Charter, Section 5 -2(d) Authorized Topics authorizes an execution session for the purpose of consultation with an attorney representing the City with respect to pending litigation. The phrase pending litigation includes litigation which has actually be filed and in situations where the person requesting an executive session believes in good faith that a law suit may result. City Attorney Light requested the executive session to consult with Council on legal issues regarding the scope of the moratorium of medical marijuana dispensaries and voiced his belief in good faith, there is a realistic potential for litigation related to the proposed moratorium and desire to discuss with City Council that issue. An executive session for that purpose is also authorized by the open meetings law of the CRS Section 24- 6- 402(4)(b). MOTION: Mayor Sisk moved the City Council adjourn into an executive session for the purpose of consideration of real property acquisitions associated with potential acquisition of a parcel of real property located in Louisville, but only as to appraisals, value estimates, and strategy. Included in the executive session will be the City Council, City Manager Fleming, City Attorney Light and Deputy City Manager Balser. Councilor Dalton seconded the motion. All were in favor. MOTION: Mayor Sisk moved the City Council adjourn into an executive session for the purpose of pending litigation for discussion of legal issues regarding the scope of the Medical Marijuana Dispensaries Moratorium. Included in the executive session will be the City Council, City Manager Fleming, City Attorney Light, Deputy City Manager Balser, Police Chief Goodman and Planning Director Wood. Councilor Sackett seconded the motion. All were in favor. The City Council went into executive session at 8:15 p.m. and returned from executive session at 9:35 p.m. REGULAR BUSINESS ITEMS CONTINUED CITY ATTORNEY REPORT FROM EXECUTIVE SESSION