City Council
Regular MeetingMinot, ND · March 27, 2018
Minutes
March 27, 2018 Special City Council Meeting
MINOT CITY COUNCIL - SPECIAL MEETING – MARCH 27, 2018 at 3:45 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 concerning the City of Minot’s
contracts with ND Port Services, which is a pending civil litigation matter and 16th Crossing CDBG-DR Development
Agreement, which is a predictable civil litigation matter. 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, 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 4:14 pm.
The executive session began at 3:47 pm and was attended by all members of the City Council, including the Mayor and
including Alderman Olson who entered at 3:47, City Manager, City Clerk, City Attorney, Finance Director, Assistant City
Attorney, Public Information Officer, and Public Information Intern, via phone Attorney Shawn Grinolds of Bakke, Grinolds,
and Wiederholt,
At 4:12 pm, Alderman Sipma moved the City Council adjourn the executive session and return to the regular 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.
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 4:14 pm.
ND PORT SERVICES – APPROVED
Alderman Jantzer moved the City Council authorize City staff and outside counsel to give notice to terminate the lease with
ND Port Services and seek summary judgement.
Motion seconded by Alderman Olson, and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Podrygula,
Sipma, Straight, Wolsky; nays: none
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March 27, 2018 Special City Council Meeting
ADJOURNMENT
There being no further business, Alderman Jantzer moved the City Council meeting be adjourned. Motion seconded by
Alderman Straight and carried unanimously. Meeting adjourned at 4:15 pm.
ATTEST: ______________________________ APPROVED: _______________________________
Kelly Matalka, City Clerk Chuck Barney, Mayor
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Agenda
Cityo City Council
Special Meeting
Tuesday, March 27, 2018 at 3:45 p.m.
City Council Chambers, City Hall
515 2~” Ave SW, Minot, ND
TO: All Alderman
You are hereby notified pursuant to the authority vested in me as the City Manager of the City of Minot,
North Dakota, under Section 2-27 of the City of Minot Code of Ordinances, that I am calling a special
meeting of the Minot City Council to be held in the City Council Chambers in City Hail, located at 515
2~ Ave SW, Minot, North Dakota, on Tuesday, March 27, 2018 at 3:45 p.m. The special meeting will
include an executive session.
The executive session will be held for attorney consultation, to discuss negotiating strategy, and to provde
negotiating instructions regarding pending claims and reasonably predictable litigation or adversarial
administrative proceedings concerning the City of Minot’s lease with ND Port Services and the City of
Minot’s 16th Crossing CDBG-DR Development Agreement.
Executive sessions for attorney consultation, discussion of potential litigation strategy and/or guidance for
negotiation strategy instructions is authorized by N.D.C.C. 44-04-17.1, 19.1 and 19.2.
Tom Barry, City Manager 4
AGENDA
MINOT CITY COUNCIL
- Special Meeting
1. Roll Call
2. Pledge of Allegiance
3. Executive Session
a. ND Port Services: Pending Predictable Litigation Attorney Consultation and Discussion of
Potential Litigation Strategy and/or Guidance for Negotiation Strategy/Instructions, Pursuant to
N.D.C.C. 44-04-17.1, 19.1, and 19.2.
b. 6~ Crossing CDBG-DR Development Agreement: Pending Predictable Litigation Attorney
Consultation and Discussion of Potential Litigation Strategy and/or Guidance for Negotiation
Strategy/Instructions, Pursuant to N.D.C.C. 44-04-17.1, 19.1, and 19.2.
4. Discussion and/or Final Action on NJ) Port Services
5. Discussion and/or Final Action on l6~” Crossing CDBG-DR Development Agreement
6. Adjournment
City Clerk
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