The Carroll City Council entered into a closed session at the conclusion of their meeting Monday night under Iowa Code 21.5(1)(c), “To discuss strategy with counsel in matters that are presently in litigation or where litigation is imminent where its disclosure would be likely to prejudice or disadvantage the position of the governmental body in that litigation.” After more than an hour in that closed session the council reopened the meeting for a vote. City Manager, Mike Pogge-Weaver, says the action council members were called to vote on was for a stipulation and agreement in a current case, the City of Carroll, Iowa vs. Pamela J. Nieland and James J. Nieland. Although no details will be forthcoming on the content of the stipulation and agreement at this time, they will be made available to the public once they have gone back to the courts. In a roll call vote, the agreement and stipulation were approved on a vote of five in favor, and one, Carolyn Siemann, against. According to court records, the litigation in question involves a petition filed by the City of Carroll in July of 2020, asking the courts to award an abandoned property owned by the Nielands to the city. This was approved by the courts in a default judgment in September, but appealed in November. A telephone hearing on the matter was scheduled for the morning of Monday, Jan. 25, but another continuance was granted on Jan. 22 with a hearing date now scheduled for March 8.
