Minot council allows alderman to abstain after he discloses ownership of land tied to proposed detention pond; council meets in executive session

Minot — The Minot City Council voted on Feb. 2 to allow Alderman Hayes to abstain from participating or voting on a potential land purchase after Hayes disclosed he had purchased the parcel the city is considering for a regional detention pond.

Mayor Janser introduced agenda item 3 and framed the discussion as a conflict-of-interest question under North Dakota Century Code 44-04-22. City Engineer Lance Meyer briefed the council on the stormwater project, describing it as a "two-pronged" plan that would expand the existing Stonebridge Farms pond, intercept and pipe stormwater from a large northwest Minot watershed and reduce erosion along a major outfall. Meyer said the land the city needs is approximately "4.71 acres in total" and that a Corps of Engineers 404 wetlands permit took more than seven months to obtain.

Alderman Hayes told the council he first inquired about the property in July (he cited July 11, 2024), submitted a formal offer and development-review materials on Aug. 7, 2024, and said he reached terms with the owner and "closed on the property on Dec. 31." Hayes said he has since met with engineers about a plat and that there remain four developable lots on the site.

Mayor Janser said Hayes had disclosed "a direct and substantial personal or financial interest in this matter" and that Hayes preferred not to participate or vote. City Attorney Stahlheim advised the council that a conflict exists and recommended recusal, explaining the applicable statutory framework and noting that any later council action on a contract could require a separate unanimous finding under the code before an interested officer may participate.

A motion to acknowledge the conflict and allow Alderman Hayes to abstain was moved and seconded; roll call returned six affirmative votes with Hayes recorded as an abstention, and the motion passed (reported as 6 to 0, abstention Hayes). After taking that action, the council voted to go into executive session under North Dakota Century Code sections 44-04-19.1 (subsection 9) and 44-04-19.2 to provide negotiating instructions to the city's attorney and negotiators. The motion to enter executive session passed on roll call (reported 6 to 0). The minutes show the executive session adjourned at 5:28 p.m., and the council returned to the dais before adjourning the special meeting.

Meyer told council members the project had an earlier engineering cost estimate of about $2.6 million and that staff discussed the possibility of treating the total as roughly $3 million for planning. He said more than $1,000,000 remains in reserves set aside for the project, but some funds may be restricted to storm-sewer utility fees or require special assessments and that priorities must be weighed against other capital projects such as a large 11th Avenue reconstruction program.

The council did not take a final purchase action in open session; the executive session was held to provide negotiating instructions and any formal contract decision will return to the council for further consideration.