Anoka City Council

March 10, 2025 (Special) Page 1 of 7 SPECIAL MEETING OF THE ANOKA CITY COUNCIL ANOKA CITY HALL CITY COUNCIL CHAMBERS MARCH 10, 2024 1. CALL TO ORDER Mayor Skogquist called the special meeting of the City Council to order at 7:00 p.m., followed by the Pledge of Allegiance. 2. ROLL CALL Present at roll call: Mayor Skogquist, Councilmembers Campbell, Rostad, Scott, and Weaver. Also present: City Manager Greg Lee; Police Chief Eric Peterson; Captain Andy Youngquist; Senior City Planner Clark Palmer; and City Attorney Scott Baumgartner. Absent at roll call: None. 3. COUNCIL BUSINESS AND/OR DISCUSSION ITEMS 3.1 RES/Appointment of Civil Legal Services Representation. RESOLUTION Mayor Skogquist shared background regarding the process of this item and the need to ensure an orderly meeting occurs then reviewed the rules of conduct for open forum and comments from the podium. City Manager Greg Lee shared a background report at the special worksession on March 3, 2025, the City Council held interviews with the following law firms: Berglund, Baumgartner & Glaser, LLC (BBG) (civil and prosecution services); Eckberg Lammers (civil and prosecution services), and Kennedy & Graven (civil services only). Subsequently, a Special Meeting was called to occur on March 10, 2025, for the purpose of choosing a firm for civil legal representation and for prosecution services. He shared the two proposed resolutions (1) appointing a firm for civil legal representation, (2) appointing a firm for prosecution services. He noted this meeting was open to the public, which includes that submitters of an RFP may be in attendance. Please note that the interviews with the chosen firms were conducted on March 3, 2025. Should a submitter of an RFP be present at this meeting, they should not partake in any portion of the discussion on appointing a firm, and should not be asked any questions by the Council, nor the public. March 10, 2025 (Special) Page 2 of 7 Councilmember Rostad apologized for any confusion regarding her comments around underage drinking at the last worksession and said she will make all efforts to be more clear and direct moving forward. Josh Jangling, Anoka, shared frustrations regarding the RFPs for this process and proposed costs, then shared that BBG was a business in our community which should hold a lot of weight. He asked why are we moving forward with interviews based on the costs submitted. He felt BBG had more in-depth and complete answers and understood the uniqueness of the City and how one of the other applicants complimented the current city attorney on their work. He referred to peer reviews, which holds a lot of weight and hoped all elements were being considered as he believed there was a clear choice of a firm based on their current background and community-based aspect. Liz Koch, Anoka, said experience in a city attorney was invaluable and that Anoka was in a unique position. Michael Scott, White Bear Lake and Anti-Crime Commission, said he was the prosecuting attorney for Anoka for the last 43 years and supported BBG for this contract. He said they will do a great job and had the support of the Police Department and while he knows the other firms well and that they do good work, they don’t know Anoka. He said the current firm loves the community and will continue to serve it well. Jesse Hauf, 10K Brewing, thanked Councilmember Rostad for her apology earlier, referred to the many other businesses in the room, and asked that the Council support Anoka businesses. Paul Pierce, Anoka, shared the standard recommendation to occasionally change companies for provided services ensure getting the best service. Brendan McBride, Anoka, asked if the cost was based on price and efficiency and how lower rates can sometimes cost more because of the number of hours needed to complete a job. Jeff Lee, Anoka, said with the amount of tax levy he didn’t think the City can afford to switch as it will be more costly and that we need to focus on bringing revenue and taxpayers to the City. Mayor Skogquist said everyone wants to do the best for the City and that all firms have different backgrounds and viewpoints. He shared comments on the work required by the City Attorney for both criminal and civil services in detail, how performance reviews by staff were important, and that staff was confident in the current attorney’s input, which was outstanding. He said although a local firm was a benefit, we were currently in the middle of significant issues, including the jail expansion, property sale, and other projects such as municipal cannabis. March 10, 2025 (Special) Page 3 of 7 Councilmember Campbell said an RFP is a useful tool to monitor and ensure the City was a good steward of taxpayer dollars and that this has been a useful process. He spoke about the importance of cost but questioned whether it was efficient to replace an incumbent city attorney. Councilmember Scott thanked all firms for submitting a quote as we pride ourselves on history and civic discussions in Anoka and that this decision has weighed on his mind considerably. He said it was important to periodically review all contracts to ensure we aren’t complacent and thanked everyone for their thoughts and the glowing reviews by staff. He said with the upcoming change of Police Chief another change may be difficult and while it was strange that we didn’t have a contract as called for by Council with an annual review, that has since been rectified. He added while he has disagreed with the attorney in the past that topic should be done separately from this process. Councilmember Rostad shared her thought process regarding the RFP that included citizens and other evaluation criteria and how we got here, which includes cost-effectiveness and anticipated fees, litigation risk/management, municipal law expertise, experience, perception, ethical considerations, availability and responsiveness, and public feedback. She spoke about costs of litigation regarding the consent decree and other projects then reviewed each of these points in detail, stating the final key decision driver based on scoring resulted in recommending Eckberg Lammers as they scored the highest. She shared further comments about bringing development to the City and how that should be Community Development’s job and not the City Attorney then spoke about amending the consent decree which was not the direction of the Council and how we haven’t met the decree to date and was disappointed Council didn’t press for a firm timeline. She said she didn’t agree with allowing representation of others, as that should be a clear no, then referred to costs and money spent in settlements and not spent on the community and other projects. She felt this was a business and economic decision and while difficult to change, Eckberg Lammers was her recommendation. Mayor Skogquist said this process has morphed into a politically-charged issue, which has been damaging and hurtful to all, noting we are all trying to do the best for the City, this role has turned political, and that was not its function. He shared comments about blurred lines in areas in Anoka and how Eckberg Lammers shared comments about not importing personal opinions in a process and to just listen to Council and carry out their wishes. He spoke about development opportunities the City Attorney brought to the Council, how attorneys should not advocate for such projects, and that BBG has been removed from projects from other cities for this reason. He noted changing firms can be a disruption but referred to Blaine and how their staff had no concerns with changing to Eckberg. Mayor Skogquist said cost was an important metric, then shared a graph of criminal cost comparisons in detail and how Eckberg was 10% in overall billing. He commented about disclosure of Kennedy and Graven and the Anoka County March 10, 2025 (Special) Page 4 of 7 jail expansion, which was important. He also commented about trust being broken and conflicts of interest and how neither lead attorneys have relationships or served as a personal attorney for a councilmember, which was a concern for him because transparency was important and didn’t appear to be highly valued by BBG. Councilmember Weaver noted he was not an elected official at the time BBG represented him in his private neighborhood dispute then thanked Councilmembers Scott and Campbell’s common sense response as we have many projects to address and the use of silence, defaming, and disqualification is not good. He shared he spoke with three local police chiefs who all felt confident working with BBG because of their detail to their work which is important for police departments. He said Eckberg can be very cavalier regarding some offenses and having an attorney in Anoka is important as officers can stop by and ask questions. He referred to the number of attorney hours spent on topics such as organized hauling and the jail expansion and that some members were more worried about hauling. He shared the number of hours spent with the attorney by councilmembers then shared concerns about how Mayor Skogquist was able to move this meeting without having two members request a change based on policy. Councilmember Weaver shared concerns about how none of his questions were included in the interview process while others were and felt staff was working with two Councilmembers and leaving others out. He said there was to be no communication with attorneys and councilmembers during this process but showed that it had occurred and that we need this to be a transparent and publicly- open process. He said he felt there were issues as part of these proceedings and noted Amanda Johnson of Eckberg Lammers was brand new and that we’re considering replacing a 17-year attorney with Ms. Johnson while currently working on very large issues. Motion by Councilmember Weaver, seconded by Councilmember Campbell, to adopt a resolution approving appointment of Civil Legal Services Representation for BBG, LLC. Mayor Skogquist shared about consideration of proposals for a river lot in the City and how our realtor was dual representing the City and a client and even though that was legal, it was a disqualifying issue and the penalty was to fire that agent but how two months later, dual representation in the City Attorney and a Councilmember doesn’t seem to matter. He said the fact that the Councilmember wasn’t seated at the time isn’t the issue, it was that it needed to be disclosed and be equal in standards. He shared an experience in his professional career about hiring appraisal firms at another city and how those councilmembers felt it was best as it got rid of too much familiarity. City Attorney Scott Baumgartner said he has observed the RFP process for the past three months and wanted to respond to the allegations made and clarify some misunderstandings including the 52% increase of costs. Mayor Skogquist said if March 10, 2025 (Special) Page 5 of 7 he allows Mr. Baumgartner to speak, then the other applicants should be allowed to speak as well. Mr. Baumgartner agreed if the other applicants had been accused of things they should be allowed to speak too. He then explained during the same period of time where the costs increased 52% the number of hours increased 64%. He referred to the ordinance and the Department of Justice (DOJ) consent decree and how he was representing the City for that case but that it was the League of Minnesota Cities (LMC). He said the Council decided to amend the ordinance and once the LMC was appointed, he can no longer work on the case but did monitor and shared updates with the Council. He said the implications shared by some Councilmembers was unfair and disingenuous and that it wasn’t his decision regarding the DOJ decree or the One Love case but was the Council’s and that his job was to provide legal advice, outline the pros and cons, and let the Council decide. He said litigation is expensive but it’s not his decision but his role is to protect the Council the best he can. Mr. Baumgartner referred to the opportunity for ARAA sports dome in Anoka and how he brought that forward because of his relationship with the association and that he can’t advocate for anything but felt the Council may have wanted to consider it as a possibility and not miss an opportunity, adding but for the size of land the dome likely would have been built in Anoka. Councilmember Rostad shared a spreadsheet of combined civil and legal costs from 2018 until 2024 that included outside law firms such Kennedy and Graven and Levander Law Firm, where Amanda Johnson came from and said we need to ask why costs increase. She said this process was routine to look at contracts to assess their function and purpose and was the reason for bringing this topic forward. Councilmember Weaver referred to the vacant lot on River Avenue with the price direction from Council for a minimum bid of $200,000 and how the agent placed the lot on MLS for $150,000, which was strange and went against Council direction. Mayor Skogquist stated the One Love case involved a $270,000 settlement and the potential to purchase two properties 10% above assessed value and it’s important to mitigate issues before they occur and the enforcement of the ordinances is the concern and that we need to have attorneys always looking out for the City to ensure we’re in good legal standing. He said the DOJ and crime- free addendum was in place for a long time and there were issues with the ordinance and how other cities decided it was too risky but we didn’t. He said this was no fault of the Police Department but the concern was a risky ordinance and One Love and was not the City Attorney’s fault but Council’s, adding three Councilmembers were cited at meetings saying inappropriate things which were included in the settlement and placed put Anoka on the radar for potential discrimination concerns. He said we didn’t adjust to the changing dynamics, which is an important role of the City Attorney. March 10, 2025 (Special) Page 6 of 7 Councilmember Rostad said many things would have been beneficial with an open line of communication and if training is suggested for Councilmembers and such a concern, then why isn’t that part of the process now. Mr. Baumgartner said he would have welcomed the opportunity to communicate with Councilmember Rostad but he wasn’t able to once the RFP process started, adding he is always available and felt that’s how we move forward as a City. He noted he and Councilmember Rostad were at a disadvantage from day one and agreed communication is key. Mayor Skogquist asked the City for confirmation on what the Resolution was calling for regarding a term limit of the contract that that should be part of the motion. Mayor Skogquist further clarified that the contract should state that there be annual performance evaluations and contract review by the City Council. Councilmember Weaver shared a friendly amendment to appoint BBG, LLC for Civil Legal Services Representation for a period of one year and to include in the contract performance reviews and contract reviews by the City Council on an annual basis. Upon a roll call vote: Councilmembers Campbell, Scott, and Weaver voted in favor. Mayor Skogquist and Councilmember Rostad voted nay. Motion carried. 3.2 RES/Appointment of Criminal Prosecution Services. RESOLUTION Councilmember Weaver said criminal prosecution services is not about dollars but the relationship with the Police Department, which was very important as it affected the relationship and trust of the court system as well. Motion by Councilmember Weaver, seconded by Councilmember Campbell, to adopt a resolution approving appointment of Criminal Prosecution Services for BBG, LLC, with a performance review and a contract review by Council within a one-year period. Councilmember Campbell said it would be a very challenging transition to change as court dates are already set and officers scheduled as witnesses and not worth the risk changing firms. Councilmember Scott agreed, stating as a former service member it is difficult to change commanders which is happening in Anoka soon and could add another layer of challenges. Upon a roll call vote: Councilmembers Campbell, Rostad, Scott, and Weaver voted in favor. Mayor Skogquist voted nay. Motion carried. March 10, 2025 (Special) Page 7 of 7 OTHER BUSINESS Mr. Lee referred to proposed legislation regarding density and housing which would take away oversight from cities and give back to the State. He asked if the Council wants to continue to oppose that legislation. Mayor Skogquist spoke about Anoka’s stance on infill standards and how we are opposed to the proposed bill and could reinforce the current resolution with an updated resolution after possible discussion at a worksession to update new Councilmembers. Councilmember Rostad said she supported staff’s direction. Councilmember Weaver suggested discussing this at a worksession, then sending an updated resolution to the State and County delegation as this was important. Councilmember Scott said emotions and disagreements during debate can occur and that there have been issues in the past, real or perceived. He said he has disagreed with the City Attorney in the past but felt we should always share these concerns, evaluate their merit, and proceed from there once context is made, adding that it needs to be separate from this process. Mayor Skogquist said as this contract is being negotiated any additions that Council wishes to include should be shared with staff for possible inclusion. Mr. Baumgartner said he has gone through many RFPs in his career and said while this one was the most unique, it was important that we all move on and amend whatever disagreements with residents and Council that may exist. He thanked the Councilmembers who voted for BBG and said he looked forward to getting to know Councilmember Rostad, adding communication is key and that any Councilmember should feel free to contact him with any questions or concerns. ADJOURNMENT Councilmember Weaver made a motion to adjourn the special Council meeting, Mayor Skogquist seconded the motion. Vote taken. All ayes. Motion carried. Time of adjournment: 8:58 p.m. Submitted by: Cathy Sorensen, TimeSaver Off Site Secretarial, Inc. Approval Attestation: Amy T. Oehlers, City Clerks