Special Council Meeting October 29, 2002, at 4 P.M. The West Burlington City Council met in Special Session at 118 W. Wheeler Street with Mayor Trousil presiding. Council Members Crowner, Hockett, Lees, Pilger and Johnson were present. City Administrator Mandsager and City Account Leslie Sattler were also present. Lees moved, second by Pilger, to approve the Agenda as presented. Voice vote. Ayes. Crowner, Pilger, Johnson, and Lees. Hockett voted nay. Motion carried.

    NEW BUSINESS:

    Closed Session: To discuss the purchase of particular real estate only where premature disclosure could be reasonably expected to increase the price the governmental body would have to pay for that property.

    Mayor Trousil began a discussion of the appropriateness of the meeting, including notice and whether or not the Council should enter into closed session. Trousil indicated that the Council should enter into closed session only if the council wished to discuss a range for negotiation. Councilman Hockett asked if we had a formal opinion, in writing, from the City Attorney stating that the council could enter into closed session. Mandsager noted that he had contacted Loeschen and that the meeting and notice were both legal, but that a written opinion had not been obtained. Hockett suggested the Council meet in open session. Councilman Johnson indicated his preference for a closed session and moved to enter closed session. Pilger supported the motion, but thereafter withdrew it. Motion failed for lack of support. Hockett felt that the Council should hold the meeting in open session, but that a formal attorney opinion would cover the Council should they wish to proceed with a closed session. Trousil indicated that it was his opinion to enter closed session only to discuss a range. Johnson indicated he might wish to offer a range or at least start below the offered price. Pilger indicated his willingness to offer the stated price for the property. Crowner indicated that an open session was fine, but that the City should buy the property while it was for sale. Open discussion began. Hockett indicated that if the Council was serious about realignment that the time to buy was while it was on the market. Johnson stated that he did not necessarily favor realignment, but that the property could be used for radius improvements. The Council further discussed the asking price and what the offer should be. Crowner indicated that the seller pays the commission and that a licensed professional could help the negotiations. Hockett asked each council member if they felt the property was essential to the intersection improvements and all five council members indicated that it was important and that it would be cheaper to obtain now while on the market. Lees made a motion to have Mandsager negotiate for the purchase of the property at $51,900.00. Motion died for lack of support. Mandsager asked how it should be negotiated and by whom as he had obligations that night. Council discussed giving a limited time to respond. Hockett reviewed his conclusions surrounding the intersection and his support for the signal option and the present purchase. Johnson reiterated his belief that improvements could be made at the intersection that may solve problems enough to not realign. Johnson moved to purchase the property located at 1110 W. Mt. Pleasant for $51,900.00 and that the offer be made tonight and that a time limit be placed on the offer, seconded by Hockett. Roll Call. Ayes. Lees, Hockett, Pilger, Johnson. Crowner voted nay. Motioned carried

    CITIZEN’S INQUIRIES:

    No citizen inquiries.

    ADJOURN – There being no further business, the meeting adjourned at 4:40 p.m. upon motion by Pilger, and second by Lees. Voice Vote: All Ayes. Motion carried.

     

    Approved Gregg Mandsager, Deputy City Clerk

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