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<br />10/19/82 <br /> <br />Page -9- <br /> <br />Attorney Rautenstraus <br /> <br />Stated he preferred to discuss Court decisions <br />in private, and felt that this particular issue <br />might partially be discussed in private. <br /> <br />Councilman Leary <br /> <br />Inquired how it could be dealt with in a manner <br />that would be an open issue; but realized the <br />sensitiveness of the situation. Inquired if <br />a motion of intent to seek the declaratory <br />judgement.would be in order. <br /> <br />Attorney Rautenstraus <br /> <br />Suggested that perhaps Mayor and Councilmembers <br />call an executive session for a short time, and <br />hold the motion in abeyance until after the <br />session. <br /> <br />Table Motion <br /> <br />Councilman Leary moved, Councilman Ferrera <br />seconded that the motion to seek delcaratory <br />judgement be tabled until executive session <br />discussion is complete. Question called for. <br />All in favor. Motion carried unanimously. <br /> <br />EXECUTIVE SESSION <br /> <br />Councilman Leary moved, Councilman Ferrera <br />seconded the meeting be adjourned for a <br />10 minute executive session to discuss a <br />legal matter with the City Attorney. Question <br />called for. All in favor. Motion carried unan- <br />imous-l,y. Meeting adjourned at 8:10 P.M. <br /> <br />Meeting reconvened at 8:20 P.M. <br /> <br />Councilwoman Morris <br /> <br />Councilman Leary moved, Councilman Ferrera <br />seconded to withdraw the motion seeking a <br />declaratory judgment, to be discussed at the <br />next regular council meeting. Question called <br />for. 6 Ayes 1 Nay - Councilman Cussen dissenting. <br />Motion carried. <br />Commented if the declaratory judgment issue <br />is not set for the next council meeting, but <br />rather any time period within a week, and <br />possibly bring it back for a special meeting <br />if that is necessary. She further explained <br />she did not wish to delay this issue until <br />the next council meeting, but rather if some <br />circumstances should arise that we could bring <br />the issue before the Council before that. <br /> <br />MOTION WITHDRAWN <br /> <br />Amendment <br /> <br />Councilwoman Morris moved, Councilman Cunrrnings <br />seconded that should circumstances arise re- <br />lative to the declaratory judgement, council <br />would have a special meeting to discuss the <br />issue before the next regular scheduled meeting. <br />Question called for. 6 Ayes 1 Nay. Councilman <br />Cussen dissenting. Motion carried. <br />