Anoka City Council

October 12, 2022 (Special Meeting and Closed Executive Session) Page 1 of 3 SPECIAL MEETING/CLOSED EXECUTIVE SESSION OF THE ANOKA CITY COUNCIL ANOKA CITY HALL CITY COUNCIL WORKSESSION ROOM OCTOBER 12, 2022, 5:00 PM SPECIAL MEETING 1. CALL TO ORDER Mayor Rice called the special meeting to order at 5:01 p.m. Mayor Rice stated that the only item on the agenda was to hold a Closed Executive Session pursuant to Minnesota Statute § 13D.05, Subd 3(C) for the purpose of discussing a real estate transaction: PID #01-31-25-44-0119/Part of 01-31-25-44-0104, Restaurant Pad site located North of City Hall. 2. ROLL CALL Present at roll call: Mayor Rice, Councilmembers Barnett, Skogquist, Weaver and Wesp. Staff present: City Manager Greg Lee, City Attorney Scott Baumgartner, Community Development Director Doug Borglund, and Senior City Planner Clark Palmer. 3. COUNCIL DISCUSSION Councilmember Skogquist called for a Point of Order and asked for the Mayor to make a ruling on whether or not the City Council was following the proper procedure for conducting a special meeting. Councilmember Skogquist stated that he was concerned that the meeting was being held because Councilmember Weaver, who has a legal conflict of interest in the topic, was one of two Councilmembers to call for the special meeting. Mayor Rice responded that it is his understanding that the topic for Closed Executive Session would not be included in a conflict of interest because the City Council will be discussing the value of the property (restaurant pad north of City Hall) and the strategy for the property. He further stated that the discussion is not discussing potential buyers, business owner(s) or operator(s) on the property. Mayor Rice deferred to the City Attorney for a legal opinion. City Attorney Scott Baumgartner stated that in his review of the process for calling for special meetings, he did not locate anything relative to a Councilmember’s inability to be one of two members to call for a special meeting based on a potential conflict of interest. He stated that if a conflict of interest does exist, that Councilmember should not participate in the discussion or vote relative to the topic. October 12, 2022 (Special Meeting and Closed Executive Session) Page 2 of 3 Councilmember Skogquist feels that the calling of the special meeting did not abide by the Code of Ethics as established by the City Council. Mayor Rice stated that his interpretation of the agenda item is that the City Council will discuss the appraised value of the property and then discuss the City’s strategy on selling/transferring the property. He further stated that in no time during the discussion should any offers, businesses, sales prospects, etc., be specifically identified, that the meeting is about how the City moves forward on trying to sell the property, not who the City wants to sell it to. Mayor Rice stated that he does not feel as though a onflict of interest exists with any Councilmember. Councilmember Skogquist reiterated that he feels that the procedure used to call for the special meeting was not being followed because there is a conflict of interest. City Attorney Baumgartner stated that he does not feel that a conflict of interest exists/applies in calling for the special meeting or what is going to be discussed at the meeting. He further stated that he was unable to find a State Statute that prohibits a Councilmember from calling a special meeting, as long as the Councilmember doesn’t partake in the discussion or action on the specific area where their conflict of interest exists. Mayor Rice stated that he does not feel that Councilmember Weaver has a conflict of interested related to the appraised value of the property, nor the sales strategy of the City Council. A motion was made by Councilmember Wesp and seconded by Councilmember Barnett to move into a Closed Executive Session. Vote taken. Ayes: Mayor Rice, Councilmembers; Barnett, Weaver and Wesp. Opposed: Councilmember Skogquist. Closed Executive Session Mayor Rice called the Executive Session to order at 5:25 p.m. stating that the meeting is closed pursuant to Minnesota Statute § 13D.05, Subd 3(C) for the purpose of discussing A real estate transaction: PID #01-31-25-44-0119/Part of 01-31-25-44-0104, Restaurant Pad site located North of City Hall. Council held a discussion on the item. A motion was made by Councilmember Wesp and seconded by Councilmember Barnett to adjourn the Closed Executive Session at 6:40 p.m. Vote taken. Ayes: Mayor Rice, Councilmembers Barnett, Skogquist and Wesp. Councilmember Weaver abstained. October 12, 2022 (Special Meeting and Closed Executive Session) Page 3 of 3 RECONVENED SPECIAL MEETING A motion was made by Councilmember Barnett and seconded by Councilmember Wesp to adjourn the special meeting at 6:42 p.m. Vote taken. Ayes: All. Meeting adjourned. Approval Attestation: Amy T. Oehlers, City Clerk