HomeMy WebLinkAbout1976-05-07 Council minutesSPECIAL COUNCIL MEETING
MAY 7, 1976
11:00 A. M.
The Iowa City City Council met in special session on the
7th day of May, 1976, at 11:00 A.M. in the Conference Room.
The call for the special meeting was to discuss the litigation,
Eastham vs. Iowa City, and the Clerk noted signed receipt of
the call from all Councilmembers.
Councilmembers present: Balmer, deProsse, Foster, Neu-
hauser, Perret, Selzer, Vevera. Staffinembers present:
+^- _
Hayek,
'Berlin, Stolfus, Schreiber, Kraft, Struve, Rauh. Mayor Neu-
hauser presiding.It was mouAa
It was suggested that,as Councilwoman deProsse had a con-
flict of interest and was with the Plaintiffs in the case,
she should excuse herse
Hayek explalf from the meeting.
ned that legallCity Attorney John
iy the Council could not require her
to do so, and she chose to stay, pointing out she would respect
the confidentiality of the discussion.
lyze the court's decisions judge's eraditionot wint`totana-
(2) the advisability of appealing the decision which inplic
cludes
an analysis of the chances of success of an appeal, (3) he
wished to discuss the factors bearing on the decision and the
ramifications of the appeal or not to appeal as they would
bear on the decision Council has to make, and (4) quetion of
s
whether or not to file legal motions in Johnson
Court in respect to the case. County District
He :stated that it was obvious that it would not be helpful,
if the Council decided to appeal, for the Supreme Court Justices
or ththe Plaintiffs to read an analysis of the City's chances in
ore newspaper,andhedid not want any comments heard publicly
pconcerning judge's decision.
Also until Council was ready to make decisions, he did not
want discussion of any possible claims, and did not want to
telegraph any City strategy to Old Capitol Associates. It was
noted that this does not mean that citizens are not properly
being informed, or being kept out of the decision-making process.
Vote was then taken on the motion to go into executive
session, as follows: Ayes: Balmer, Foster, deProsse, Neu-
hauser, Perret, Selzer, Vevera. Nays: none_
7/0. 11:15 A -M. Motion carried,
0
SPECIAL COUNCIL MEETING
MAY 7, 1976
11:00 A.M.
0
The Iowa City City Council met in special session on the
7th day of May, 1976, at 11:00 A.M. in the Conference Room.
The call for the special meeting was to discuss the litigation,
Eastham vs. Iowa City, and the Clerk noted signed receipt of
the call from all Councilmembers.
Councilmembers present: Balmer, deProsse, Foster, Neu-
hauser, Perret, Selzer, Vevera. Staffinembers present: Hayek,
Berlin, Stolfus, Schreiber, Kraft, Struve, Rauh. Mayor Neu-
hauser presiding. It was moved by Vevera and seconded by Perret
to go into executive session to discuss alternatives to the
court action of Eastham vs. Iowa City lawsuit.
It was suggested that,as Councilwoman deProsse had a con-
flict of interest and was with the Plaintiffs in the case,
she should excuse herself from the meeting. City Attorney John
Hayek explained that legally the Council could not require her
to do so, and she chose to stay, pointing out she would respect
the confidentiality of the discussion.
Attorney Hayek outlined the reasons he would like to have
an executive session discussion: eana-
lyze the court's decision or the judge's rationalenotwintpublic,
(2) the advisability of appealing the decision which includes
an analysis of the chances of success of an appeal, (3) he
wished to discuss the factors bearing on the decision and the
ramifications of the appeal or not to appeal as they would
bear on the decision Council has to make, and (4) question of
whether or not to file legal motions in Johnson County District
Court in respect to the case.
He stated that it was obvious that it would not be helpful,
if the Council decided to appeal, for the Supreme Court Justices
or the Plaintiffs to read an analysis of the City's chances in
the newspaper, and he did not want any comments heard publicly
or published concerning a judge's decision.
Also until Council was ready to make decisions, he did not
want discussion of any possible claims, and did not want to
telegraph any City strategy to Old Capitol Associates. It was
noted that this does not mean that citizens are not properly
being informed, or being kept out of the decision-making process.
Vote was then taken on the motion to go into executive
session; as follows: Ayes: Balmer, Foster, deProsse, Neu-
hauser, Perret, Selzer, Vevera. Nays: none. Motion carried,
7/0. 11:15 A.M.
uuyVl y
City Clerk i