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COUNCIL MINUTES November 13, 2017 <br />DRAFT <br />2 <br />engineering firm. He originally approached the City Administrator with the question and it was 46 <br />confirmed that there was no conflict. There was discussion about a situation that could be perceived 47 <br />as a conflict and Mr. Rafferty explained that he falls on the side of caution when that perception could 48 <br />be seen. 49 <br /> 50 <br />Mayor Reinert recalled his discussion with the City Administrator and how it came to be that the city 51 <br />attorney would be asked; he was not aware that any legal costs would be incurred. He is surprised at 52 <br />the price but he understands that the City Administrator wanted to have that legal review. Perhaps 53 <br />the question is why the cost is so high. Mayor Reinert also mentioned that the city council is 54 <br />discussed going out for RFP for legal services. 55 <br /> 56 <br />Council Member Kusterman suggested it was a blaming situation; he suggests that all council 57 <br />members should have been consulted in this case. 58 <br /> 59 <br />Council Member Manthey concurred that the matter was one for the entire council to review. He 60 <br />feels that the council having transparency is highly important. He believes that the council has 61 <br />discussed perceptions of possible conflict for its members in the past so an experienced member of 62 <br />the council would have already known the answer. 63 <br /> 64 <br />Mayor Reinert suggested this is a case of sour grapes based on election results. He had a 65 <br />conversation with the administrator and Mr. Karlson chose to approach the city attorney for an 66 <br />opinion. It was not a created situation for political gain. 67 <br /> 68 <br />Council Member Manthey noted that the matter of paying the bill is on the agenda for council 69 <br />approval tonight; the council as a whole is expected to make that decision. 70 <br /> 71 <br />Mayor Reinert asked if the council would like to add discussion of a policy on legal opinions and the 72 <br />city administrator to the next work session agenda. The council concurred. 73 <br /> 74 <br />Council Member Kusterman added that the RFP process for city attorney was initiated after the 75 <br />opinion was received. 76 <br /> 77 <br />Council Member Maher asked the City Administrator if he would normally contact the city attorney 78 <br />without a clear council direction to do so. 79 <br /> 80 <br />Administrator Karlson said he would normally contact the city attorney on matters that he feels 81 <br />requires that course and it is not always with council direction; he noted that other city staff has the 82 <br />ability to do the same. 83 <br /> 84 <br />Mayor Reinert reviewed the general process of seeking RFPs. He also recalled a discussion with the 85 <br />city’s contracted engineering firm and his quest for an opinion on a good timeline for RFP – how 86 <br />often should the city seek them. He read an email from that firm’s representative responding to the 87 <br />question. 88 <br /> 89 <br />Council Member Manthey asked if that communication came after the candidate of that firm filed for 90