Minutes - Council Work Session - 08/23/2021 - Special

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Councilmember Heineman stated he agrees a flat rate is cheaper. He added his concern about Mr. Knaak is who will be the backup if something were to happen. He stressed the importance of having a concrete second. Councilmember Heineman stated he would support contacting Hoff Barry to find out what their retainer rates would be if Ms. Schwarzhoff comes to City Council meetings. He noted references for both Ms. Schwarzhoff and Mr. Knaak should be contacted to alleviate the City Council’s questions. Councilmember Howell stated Mr. Knaak lists Donald Kohler as his proposed assistant. She added City Staff can confirm whether that person will be available. Mayor Kuzma stated Mr. Langel has given good advice during the time that he has been the City Attorney. Councilmember Heineman stated Mr. Langel has given good advice, but what he is looking for is not only good advice but follow it up with a proactive approach. He added he mentioned Ms. Whitmore and Mr. Knaak because they both expressed that they would be doing a lot of work to understand the “why” of what the City Council does. He noted the current City Attorney implied that he was done after the Resolution was passed, even after the City Council had additional questions for him. Councilmember Heineman stated Mr. Langel reaffirmed this today when he answered questions regarding what the City Attorney should do when the City Council brings up issues. He added he gave good advice to City Administrator Ulrich, but he did not dive deeper or come up with a plan, especially with regard to potential action from the Attorney General. Councilmember Riley stated it does not matter anymore because the relationship broke down. He added one of the things he liked about Ms. Schwarzhoff was her statement that she provides advice to the City Council to help them make a decision, and after the decision is made, she will make it as defensible as she can because that is the City Council’s decision. Mayor Kuzma confirmed the two candidates to pursue are Mr. Knaak and Ms. Schwarzhoff. City Administrator Ulrich stated this issue will be reviewed by the City Council again at their September 14, 2021 meeting. Councilmember Woestehoff stated he would be interested in learning about the retainer option from Eckberg Lammers, because her retainer was drastically less than Mr. Knaak's retainer. He added he would not like to exclude her if it will save the City money for the same level of attorney. Councilmember Specht stated he was not impressed with Ms. Whitmore. Councilmember Howell agreed. City Council Special Work Session / August 23, 2021 Page 21 of 22