City Council

May 1, 2018 Special City Council Meeting MINOT CITY COUNCIL - SPECIAL MEETING – MAY 1, 2018 at 3:30 PM ROLL CALL: Members Present: Barney, Jantzer, Olson, Sipma, Straight, Wolsky Members Absent: Podrygula 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 v. Earth Recycling, which is a pending 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 Olson moved the City Council move to an executive session. Motion seconded by Alderman Jantzer, and carried by the following roll call vote: ayes: Barney, Jantzer, 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 3:32 pm and was attended by all members of the City Council, except Alderman Podrygula, including the Mayor, City Manager, City Clerk, City Attorney, Assistant City Attorney, Public Information Officer, and Public Information Intern, via phone Attorney Brad Wiederholt of Bakke, Grinolds, and Wiederholt, At 3:45 pm, Alderman Jantzer 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, Sipma, Straight, Wolsky; nays: none. The public was invited to return to the meeting room with the City Council and the Mayor. EARTH RECYCLING – APPROVED Alderman Straight moved the City Council reject Earth Recycling’s drafted settlement agreement and authorize the Mayor to sign the City’s drafted settlement agreement on behalf of the City of Minot and authorize legal counsel to sign the stipulation. Motion seconded by Alderman Olson, and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Sipma, Straight, Wolsky; nays: none Page | 1  May 1, 2018 Special City Council Meeting NDR SUBSTANTIAL AMENDMENT #1 – APPROVED Alderman Jantzer moved the City Council approve Substantial Amendment #1 for the CDBG-NDR Action Plan Pertaining to the Gathering Space and authorize the city to undertake all steps necessary for HUD approval. Motion seconded by Alderman Sipma. Alderman Straight said the dollar amount allocated to acquisition seems high but any leftover funds will go towards construction of the project. He also said there is still the possibility of donations and additional private resources. Alderman Wolsky expressed his frustration that the project is moving forward so slowly. The City Manager explained, the site was selected in January and since then, preliminary background steps have taken place. The City had to contact the site’s owners to determine their interest in the project and set a deadline, which took about one month. There were then consultations with HUD, who felt strongly that the City was responsible for providing the location of the gathering space. To resolve that issue and move forward with the project as desired by the Council, it is recommended they authorize the substantial amendment. He stated, there will also be a 30-day public comment period before the amendment can be submitted and then HUD can take 4-6 months to make a decision to approve the amendment. Since the request is to add an activity under an already approved action it may not take the entire time period for review. Mr. Barry reiterated, there are federal guidelines that must be followed when working with federal grants. He continued by saying, until there is a decision on the substantial amendment, they cannot spend any money on environmental assessments or design. Upon questioning by Alderman Sipma, Mr. Zakian said, this is the first substantial amendment to be submitted to HUD out of the thirteen NDR Grant recipients. However, he did receive assurances from HUD that the application would not be rescored. He summarized the changes in the substantial amendment by saying, the proposal will add an activity and identify a budget. It is considered a voluntary acquisition, meaning there is no option for eminent domain. The full amendment will be available for public comment for 30 days and all submissions will be reported with the grant documentation. Whereupon a vote was taken on the above motion by Alderman Jantzer, seconded by Alderman Sipma, and carried by the following roll call vote: ayes: Barney, Jantzer, Olson, Sipma, Straight, Wolsky. nays: none. 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 4:00 pm. ATTEST: ______________________________ APPROVED: _______________________________ Kelly Matalka, City Clerk Chuck Barney, Mayor Page | 2