City Council

February 14, 2014 MINOT CITY COUNCIL – SCHEDULED MEETING – 12:00 P.M. ROLL CALL Members Present: Connole, Frantsvog, Frey, Hatlelid, Knudsvig Lehner, Moen, Olson, Seymour, Withus. Members Absent: Jantzer, Krabseth, B. Miller, M. Miller Mayor Zimbelman presiding. PLEDGE OF ALLEGIANCE Mayor Zimbelman led the City Council in the Pledge of Allegiance. ORDINANCE NO. 4813 - AMENDING 2013 ANNUAL BUDGET – INCREASE EXPENDITURES FOR STREET IMPROVEMENT FUND FOR AN UPGRADE TO A CURRENT RAILROAD SIGNAL, THE SOUTHWEST RAILROAD QUIET ZONE, AND THE INSTALLATION OF SIDEWALKS FOR SAFE ROUTES TO SCHOOL AND TO MOVE BUDGETED MONEY FROM POLICE PATROLS TRAVEL AND EDUCATION TO CAPITAL EQUIPMENT PURCHASE ACCOUNT FOR PURCHASE OF K-9 DRUG DOG, PIKO – FIRST READING - APPROVED Alderman Hatlelid moved to place Ordinance No. 4813 on first reading, amending the 2013 Annual Budget to increase expenditures for Street Improvement Fund for an upgrade to a current railroad signal, the Southwest Railroad Quiet Zone, and the installation of sidewalks for Safe Routes to School and to move budgeted money from Police Patrols Travel and Education to Capital Equipment Purchase Account for the purchase of the K-9 Drug Dog, Piko. Motion seconded by Alderman Lehner and carried unanimously. Alderman Hatlelid moved to pass Ordinance No. 4813 on first reading. Motion seconded by Alderman Lehner, and was carried by the following roll call votes: ayes: Connole, Frantsvog, Frey, Hatlelid, Knudsvig Lehner, Moen, Olson, Seymour, Withus. nays: none. EXECUTIVE SESSION – CITY OF MINOT VS GREGORY BAUMGARTEN LITIGATION Mayor Zimbelman stated the next item on the agenda would be an executive session. This item may be discussed in an executive session. The legal authority for closing this portion of the meeting is N.D.C.C 44-04-17.1, 19.1, and 19.2. The topic of this executive session is the City of Minot vs. Gregory Baumgarten Litigation – Attorney Consultation and Discussion of Potential Litigation Strategy and/or Negotiation Strategy/Instructions. The Mayor stated, at this time, a motion would be needed in order to discuss the next topic in executive session rather than in an open meeting. Whereupon, Alderman Hatlelid moved that the City Council move to an executive session. Motion seconded by Alderman Frey, and carried by the following roll call vote: ayes: Connole, Frantsvog, Frey, Hatlelid, Knudsvig Lehner, Moen, Olson, Seymour, Withus. nays: none.  February 14, 2014 The Mayor then stated the executive session will be recorded and all members of the governing body are reminded to limit their discussion during the executive session to the announced topic. Any collective decision, collective commitment, or other final action by the governing body must occur after it reconvenes in an open meeting, unless final action is specifically required by law to be taken during the executive session. The prohibition on taking final action during the executive session did not apply to providing guidance or instructions to our attorney or counsel. Mayor Zimbelman asked the members of the public attending the meeting to leave the room. He stated the Council anticipated adjourning the executive session, and reconvening the open portion of the meeting in approximately 30 minutes. The executive session began at 12:03 pm and was attended by all members of the City Council with the exception of Aldermen Jantzer, Krabseth, B. Miller, M. Miller who were absent, as well as the City Manager, City Engineer, City Clerk, Finance Director, Assistant City Attorney. The executive session adjourned at 12:12 pm and the public was invited to return to the meeting room with the City Council meeting back in session. The Mayor indicated the executive session had discussed the litigation strategy and negotiation/instructions with legal counsel, and that instructions had been given to counsel which did not require final action at this time. OTHER BUSINESS The City Engineer appeared before the Council to instruct them on the status of the Broadway Viaduct Deck Replacement project. He indicated the NDDOT had recently made a decision to delay deck replacement for the bridge. He commented that upon further investigation by NDDOT engineers, the substructure of the southbound lane has signs of distress, and will most likely need to be replaced, while the northbound lane substructure looks good so replacing the deck will be sufficient. He reassured the Council the bridge is completely safe, and that how to proceed will be an exercise in cost benefit for the City. He also stated there is no capability of widening the structure due to other buildings in the way, and one lane of the bridge structure could be completed in one construction season. ADJOURNMENT There being no further business, Alderman Hatlelid moved the meeting be adjourned. Motion seconded by Alderman Lehner and carried unanimously. The meeting was adjourned at 12:15 p.m. ATTEST: APPROVED: _________________________________ Lisa Jundt, City Clerk Curt Zimbelman, Mayor