City Council

March 15, 2018 Special City Council Meeting MINOT CITY COUNCIL - SPECIAL MEETING – MARCH 15, 2018 at 5:30 PM ROLL CALL: Members Present: Barney, Jantzer, Olson, Podrygula, Sipma, Straight, Wolsky Members Absent: None Mayor Barney presiding and led the Council in the Pledge of Allegiance. EXECUTIVE SESSION Mayor Barney stated the next item on the agenda would be an executive session. This executive session will be held for attorney consultation, to discuss negotiating strategy, and to provide negotiating instructions regarding pending claims and reasonably predictable litigation or adversarial administrative proceedings concerning the City of Minot’s contracts with Cypress Development, LLC for the construction and management of the Renaissance and Central Parking Ramps (collectively referred to as the Downtown Parking Structures). Legal authority for closing this portion of the meeting is N.D.C.C. 44-04-17.1, 19.1, and 19.2. 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 Jantzer moved the City Council move to an executive session. Motion seconded by Alderman Straight, and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Sipma, Straight, Wolsky; nays: none 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 Barney 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 at approximately 4:00 pm. The executive session began at 3:03 pm and was attended by all members of the City Council, including the Mayor, City Manager, Executive Secretary, City Attorney, Finance Director, Assistant City Attorney, via phone Attorney’s Kate Johnson and Jocelyn Knoll from Dorsey & Whitney, City Engineer, Public Information Officer, and Public Information Intern. At 4:04 pm, Alderman Sipma moved the City Council adjourn the executive session and return to the regular City Council meeting. Motion seconded by Alderman Straight and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Sipma, Straight, Wolsky; nays: none. The public was invited to return to the meeting room with the City Council and the Mayor. The Mayor allowed a break and the meeting was back in session at 4:15 pm. TERMINATE AGREEMENTS WITH CYPRESS DEVELOPMENT – APPROVED Alderman Sipma moved the City Council Terminate the following agreements with Cypress Development: (1) 2015 Lease Agreements (2) 2015 Management Agreement (3) 2013 Development Agreement; and (4) Disposition and Development Agreement and authorize the City Manager to send a proper Notice of Termination of those Agreements as well as Notice of Default of the 2015 Development Agreement. Page | 1  March 15, 2018 Special City Council Meeting Motion seconded by Alderman Jantzer, and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Sipma, Straight, Wolsky; nays: none INITIATE LITIGATION AGAINST CYPRESS DEVELOPMENT – APPROVED Alderman Olson moved the City Council initiate litigation against Cypress Development in accordance with the draft complaint provided to the City Council. Motion seconded by Alderman Podrygula, and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Sipma, Straight, Wolsky; nays: none AUTHORIZE MEASURES TO TAKE IMMEDIATE CONTROL OF THE PARKING STRUCTURES – APPROVED Alderman Straight moved the City Council Authorize City staff and outside council to take measures to take immediate control of the Parking Structures, including but not limited to pursuing injunctive relief through the court system. Motion seconded by Alderman Olson, and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula, Sipma, Straight, Wolsky; nays: none The City Manager then informed the Council that the City will be conducting a condition assessment of the structures to identify the condition as the City takes over operation. The City will identify and take over parking structure maintenance or hire a company to do so. The City Manager noted this may be something that will be brought back to City Council for a recommendation. The City Manager encouraged users to keep using the parking structures as the City will keep operations as is. ADJOURNMENT There being no further business, Alderman Jantzer moved the City Council meeting be adjourned. Motion seconded by Alderman Olson and carried unanimously. Meeting adjourned at 4:27 pm. ATTEST: ______________________________ APPROVED: _______________________________ Tami Stroklund, Executive Chuck Barney, Mayor Page | 2