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07-14-97 CCCITY OF OTSEGO rmTA1T RIEV U ENIJ UK I.VUP1l.1L Hl.11vl� AGENDA SECTION: DEPARTMENT: MEETING DATE 7. ANDY MAC ARTHUR, CITY ATTORNEY 7/14/97 - 6:30PM ITEM NUMBER: ITEM Dk;bUkC11erivr4: 7.1. Consider Advertisement and proposed contract for Interim City Administrator. BACKGROUND: The above item was on the last Council Agenda. Andy has attached the information and will be here to go over it in more detail and be available for any questions. RECOIaONDATION : The blanks need to be filled in and the rest is a Council decision. Thanks Elaine William S. Radzwill lndrew J. MacArthur Michael C. Court Megan M. McDonald July 9, 1997 RADZWILL & CO URI Attorneys at Law 705 Central Avenue East PO Box 369 St. Michael, MN 55376 (612) 497-1930 (612) 497-2599 (FAX) City Council Members City of Otsego c/o Elaine Beatty, City Clerk 8899 Nashua Avenue NE Elk River, MN 55330 RE: Proposed Interim Administrator Contract And Advertisement Dear Council Members: Please find enclosed for your review and possible action at your regularly scheduled meeting on Monday a proposed advertisement and contract for a position of Interim Administrator for the City. I will be available to discuss this matter at Monday night's meeting. Vermy yo�rs'', n ew J Mac rt r DZWIL� a CO I Encls. cc: David Licht, Bob Kirmis, NAC Kevin Kielb, Larry Koshak, Hakanson Anderson nx INDEPENDENT CONTRACTOR AGREEMENT BETWEEN THE CITY OF OTSEGO, MINNESOTA AND THIS AGREEMENT is made and entered into this day of ,1997, by and between the City of Otsego, a municipal corporation under the laws of the State of Minnesota ("City") and ("Independent Contractor") RECITALS: WHEREAS, the City of Otsego is at a crucial period in its development and desires assistance in evaluation of present government operations, and guidance in establishing the necessary administrative structure to deal with development pressures, construction of needed infrastructure, and delivery of municipal services; and WHEREAS, the Independent Contractor has substantial experience in these areas, and in City Administration, and is uniquely qualified to assist the City as a consultant; and WHEREAS, the City desires to contract with the Independent Contractor for the performance of certain consulting tasks; and WHEREAS, the Independent Contractor's principal place of business is located at the following address: ; and WHEREAS, the independent Contractor declares that he is engaged in an independent business and has complied with all federal, state and local laws regarding business permits and licenses of any kind that may be required to carry out said businesses and the tasks as set forth in this Agreement; and WHEREAS, the Independent Contractor declares that he is, or remains available to be, engaged in the same or similar activities for other clients and that the City is not the Independent Contractor's only client or customer. NOW, THEREFORE, for the reasons set forth above and in consideration of the mutual promises and covenants made herein, it is agreed as follows; 1. Services to be Performed: The City engages the Independent Contractor to perform the following consulting tasks and services: 1.) Review the organizational make up of the City of Otsego and make recommendations regarding changes in said organizational make up; 2.) Oversee existing operations during the term of this contract including evaluation of personnel and positions, evaluation of contract services, finance, economic development, appointed committees and commissions, public works, and development of service infrastructure; 3.) Review existing codes, ordinances, rules, and by-laws and make recommendations regarding any changes to the same. 4.) Review plans for proposed service infra -structure facilities, make recommendations regarding the same, and oversee the implementation of any project for the delivery of City sewer and water services; 5.) Assist the City in setting goals for the City; 6.) Any other tasks which the Independent Contractor and the City mutually agree upon. 2. Terms of Payment: The City shall pay the Independent Contractor according to the following terms and conditions: The Independent Contractor shall be paid per hour. It is estimated that no more than _hours of consulting time will be necessary to complete the 'set et forth in this Agreement. Based upon that expectation, the total value of the services to be performed under the contract shall not exceed . Payment shall be made on or about the first day of each month and shall be based on the submission of an invoice showing the number of hours of work performed by the Independent Contractor during the previous month. 3. Instrumentalities: The Independent Contractor shall provide for his or her own vehicle, and any necessary equipment, tools, materials and supplies, except for nominal office supplies, for the performance of the obligations specified herein. The City shall provide the Independent Contractor with a work area within the City offices, including a computer and usual furnishings. 4. Expenses: The Independent Contractor shall be responsible for his or her own expenses, except that the City will reimburse him or her for any necessary photocopies, mileage and meal or lodging expenses as usually approved by the City. The expenses reimbursed by the City shall be paid monthly and shall be based on the submission of an expense reimbursement invoice by the Independent Contractor. Any expenses paid by the City pursuant to this paragraph shall be considered as part of the total described in paragraph 2 above. In no event shall the Independent Contractor receive payment for the services described in paragraph 1 and/or expenses which exceeds 5. Control: The Independent Contractor retains the sole and exclusive right to control or direct the manner or means by which the work described herein is to be performed. The City retains only the right to control the ends to insure its conformity with that specified herein. 6. Payroll or Employment Taxes: No payroll or employment taxes of any kind shall be withheld or paid with respect to payments to the Independent Contractor. The payroll or employment taxes that are the subject of this paragraph include, but are not limited to, FICA, FUTA, federal personal income tax, state disability insurance tax, and state unemployment insurance tax. The Independent Contractor is responsible for payment of any and all taxes related to compensation received under this Agreement. 7. Worker's Compensation: No workers' compensation insurance has been or will be obtained by the City on account of the Independent Contractor or any employees of the Independent Contractor. S. Termination: This agreement shall end on , 199_ and may not terminate earlier (except for cause) without thirty (30) days prior written notice from one party to the other. For purposes of this Agreement, cause is defined as any violation of law occurring during a period when City work is being performed, 'or any other actions by the Independent Contractor deemed to be detrimental to the City by, and at the sole discretion of, the City Council. 9. Option to Extend: Upon written agreement of the parties, this Agreement may be extended through , 1998, or to any other future dater mutually agreed upon. It is agreed that the value of any such extension will be at the rate of per hour, including expense reimbursement. 10. Severability: Should any term or condition of this Agreement be found invalid by a court of competent jurisdiction, such finding shall not affect or invalidate the remaining terms and conditions of this Agreement. 11. Merger: Any previous agreements between the parties, either written or oral, are hereby merged into this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year written above. CITY OF OTSEGO Larry Fournier, Mayor By: INTERIM CITY ADMINISTRATOR, INDEPENDENT CONTRACTOR. The City of Otsego, Wright County, Minnesota is seeking proposals for an Interim City Administrator on an Independent Contractor basis for an estimated period of months, subject to possible extension by mutual agreement. The City of Otsego was incorporated in 1990 and is presently undergoing strong development pressure and is also considering the establishment of City sewer and water services in the near future. The Interim City Administrator will report directly to the City Council and will be expected to evaluate and make recommendations to the City Council regarding the present City structure, and will oversee all City functions during this crucial period in the City's history. Position requires, at minimum, a Bachelor's Degree in public administration, urban studies or a closely related field; substantial experience as a City Administrator or Manager; demonstrated knowledge of all facets of City government; substantial experience with City sewer and water systems, and the development, construction, and maintenance of such systems. Proposed hourly rate as an Independent Contractor is $ per hour. A proposed contract is on file at the Otsego City Hall. Please submit proposals, resumes, and cover letters to: Elaine Beatty, City Clerk Otsego City Hall 8899 Nashua Avenue NE Elk River, MN 55330 by , 1997. NOTICE RESIDENTS OF ISLAND VIEW ESTATES AND ARROWHEAD ESTATES FINAL PROJECT COMPLETION INFORMATION The Contractor will be completing miscellaneous items in the upcoming weeks. These items primarily involve street repairs. Major items are: 1 . Repair damage to Kahler Avenue near 101st Street. 2. Pull up and haul away wood fiber blanket along all streets. After the Contractor completes the miscellaneous repairs, we will close out the project and Final Payment will be made to the Contractor. We have had reports of the wood fiber blanket catching in lawn mowers. Residents may remove the blanket along road edges and driveways. The Contractor will do this, however, if residents wish to remove it immediately, they may. The area was fertilized and reseeded several weeks ago. With the recent rains, we hope to see a gradual infill of vegetation throughout the area. We expect the weeds to die out (with mowing) and the grass to take over. Residents are encouraged to continue watering the new seed to aid in the growth. Roadside's and ditches can be mowed by landowners. This will aid in killing the weeds and allowing the grass to take over. The weeds may be sprayed to speed up this process. If you have any questions, please call Kevin P. Kielb, PE, Project Engineer at (612) 427-5860. We appreciate your patience with this project. OT331 .fly CITY OF OTSEGO RF.OITF.ST FOR COUNCIL ACTION AGENDA SECTION: DEPARTMENT: MEETING DATE 9. COUNCIL ITEMS 7/14/97 - 6:30PM ITEM NUMBER: ITEM DESCRIPTION: PRBPAEKEJj tix : EB,L;c: 9.2. Consider Budget Meeting Dates from Gary Groen BACKGROUND: At last Council Meeting the Council asked Gary Groen to come up with some dates for Budget Meeting. I have confirmed with him that the City Staff will meet on July 30, 1997 at 4PM to get the proposed capitol improvement plan together and review the departments budgets with Gary Groen. On Wednesday, August 13, 1997 at 4PM meet with Council for Budget discussions. The next meeting for Budget will be; on Wednesday, August 27, 1997 at 4PM. This is our recommendation. RECOMMENDATION: Council approval of the following: City Staff Budget Meeting July 30, 1997 (Wednesday) Council Workshop on Budget August 13, 1997 (Wednesday) Council Workshop on Budget August 27, 1997 (Wednesday) Thanks 4 �ne r.- . CITY OF OTSEGO UES'1' FOR UOUlNUIL AUTIUIN LAGENDA SECTION: DEPARTMENT: MEETING DATE I 9. COUNCIL ITEMS 7/14/97 - 6:30PM ITEM NUMBER: ITEM DESCRIPTION: PREPARED BY: EB, CC 9.3. Consider Old Pole Bldg at New City Hall Site (Fix or tear down) BACKGROUND: The pole building was damaged in the storm with a portion of the roof off and the door of the building blown in. Dan Greene informed me that the Council elected not to insure this building as if it were to be badly damaged they would tear it down (CC did not feel it was worth insuring as I remember - They would take their chances). Now the building has been damaged and with no insurance the Council needs to decide if they will fix it or tear it down. The Park and Recs Commission has indicated that they want the building to stay and they are willing to volunteer to help fix it up. RECOHMNDATION : This is a Council decision. Thanks Elaine T .. CITY OF OTSEGO REQUEST FOR COUNCIL ACTION AGENDA SECTION: DEPARTMENT: MEETING DATE 9. COUNCIL ITEMS 7/14/97 - 6:30PM 11 ITEM NUMBER: ITEM DESCRIPTION: PREPARED BY: EB,CC 9.4. Consider Darlyn Kofoed resignation from EDAAC. BACKGROUND: Darlyn Kofoed had given her resignation before but she was talked into staying with the EDAAC. She called on the 7th of July and said that for personal reasons she wanted to resign from the EDAAC. She is happy with EDAAC and the City but need time for her busy schedule. I left a message she should send a letter of resignation, RECOMMENDATION: This is a Council decision. Thanks Elaine LIE CC7 JUL - 91997 DARLYN KOFOED �' ✓j 15250 - 88th Street NE Otsego, MN 55330 (612) 441-5993 July 7, 1997 Ms. Elaine Beatty Members of the City Council City Administrator City of Otsego Otsego, MN 55330 RE: Volunteer Resignation Dear Ms. Beatty and City Concil Members: Please accept my resignation as a board member of the EDAAC, effective 07/07/97. For personal reasons, having nothing to do with politics or the City of Otsego, I am unable to continue in my capacity as member of the EDAAC board. I have enjoyed my positions on the Park and Rec Board and, especially, on the EDAAC Board. Hopefully, at another time in the future, I may be able to return in some capacity working with the City of Otsego. Best Wishes to the endeavors of the City and good luck to all the Board Members (paid or volunteer). It is a difficult position but most of the time it is well rewarding. Cordially, Darlyn Kofo d Claims List for Approval MUNICIPAL OF CITY OF OTSEGO For the period 07/07/97 to 07/07/97 07/07/97 =a•R-a.ase3 I 1881.60 CLAIM TOTAL ACCOUNT ACCOUNT TO WHOM PAID FOR WHAT PURPOSE DATE NUMBER CLAIM NUMBER AMOUNT 101-41940-325 102.72 STEPHEN CONROY, ATTORNEY MAY SERVICES 07/07/97 2654 286.00 101- - 4170031 0 286.00 > 99F 701-41700-301 920.00 NORWEST BANK MINNESOTA NA 8/1/96 INTEREST PAYMENT 07/07/97 2656 33,480.00 501-47500-602 33.417.50 SOI -47500-603 0 AT & T SERVICE TO 6/21 07/07/97 2657 16.28 101-45250-320 5.48 . 101-41400-320 5.33 101-43100-320 4 U.S..WEST'COMMUNICATIONS ': SERVICE TO 6/22 07/07/97 2658 436.12 101-41400-320 347.92 101-43100-320 101-45200-320 53.79 34.41 ELK RIVER MUNICIPAL UTILITIES SERVICE TO 6/6/97 07/07/97 2659 681.76 101-41940-322 39.43 101-43100-322 101-43200-122 42.02 600.3 WRIGHT--HENNEPIN CO-OP ELECTRIC+ASSN -SERVICE TO 6/16/97 07/07/97 2660 604.74 605-48000-322 40.69 101-41940-322 101-43200-322 21.68 2 Z-63- 101-43200-322 519.74 JACDUIE ROGNLI F1 K PTVFP PPTNTTN(-, ?. PARTY PI 111, JULY NEWSLETTER QFFTrF �,IIPPI TF�, 07/07/97 07/07/97 2661 2(,A? 400.00 211 11 101-41400-347 101-41400-201 400.00 23111 STEVE'S LAWN & SNOW 5ERVICE'TO'6/22/97 07/07/97 2663 1,740.00 101-45200-390 1,740.00 BOISE CASCADE OFFICE PRODUCTS OFFICESUPPLIES 07/07/97 2664' 193.34 101-41400-201 193.34 LONG & SONS JUNE SERVICES 07/07/97 2666 394.05 101-41940-389 394.05 MINNESOTA COPY SYSTEMS INC. USAGE FROM 4/20 TO 6/19/97 07/07/97 2667 322.29 101-41400-201 322.29 EAST SIDE LEASING CO. COPIER LEASE 07/07/97 2669 237.92 101-41400-410 237.92 FIRSTAR TRUST COMPANY BANK OF ELK RIVER 211187 ISSUE INTEREST PAYMENT 1991 BONE) PRINCTPAI X INTEREST 07/07/97 07/07/97 2670 2671 3,000.00 301-47500-602 301-47500-601 3,000.00 1S_000 no 301-47500-060 5,156.25 G & K TEXTILE LEASING SYSTEMS JUNE SERVICES 07/07/97 2672 209.49 101-41940-220 101-43100-220 68.42 141 MINNEGASCO SERVICE TO 6/20/97 07/07/97 2673 119.26 101-43100-322 26.55 101-41940-322 92.71 NAPA OF ELK RIVER INC PARTS 5/30 07/07/97 2675 5.92 101-43100-220 5.92 NORTHWEST ASSOCIATED CONSULTANTS MEETINGS FOR APRIL INV. 7184 07/07/97 2676 1,000.00 101-41570-303 1,000.00 07/07/97 26 7 7 _175 Oo 101_4S200_302 218-7S 203-41560-302 156.25 HAKANSON ANDERSON ASSOC INC MAY SERVICES 07/07/97 2678 9,025.18 101-41560-302 701-41 560-302 5,775.58 1 _38S 701-41560-302 _51 1,840.98 701-41560-302 23.11 DAPI ENP 2,01 BERG EAMT1 Y FUN DAY EXPENSF RFTMR 07/07/97 2679 n - 4 r TOTAI FOR MONTH 078.')58-36 TOTAL YEAR TO DATE_' 76,958.36 7+3.958.36 D ua � peaks y00 -T3 i - P. D�:,. t. =a•R-a.ase3 I 1881.60