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
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y00 -T3
i
-
P.
D�:,.
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=a•R-a.ase3 I 1881.60