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Under Minnesota Statute (216B.36), cities can impose a fee on utility companies that use the public <br />rights-of-way to deliver service. What advice or caution would you give the city in regard to the <br />use of franchise fees? <br /> <br />Ms. Whitmore stated that is an evolving area and she would need to look into it. She added she <br />knows there are a lot of concerns about franchise fees and what they are ear marked for, but she <br />would need to review the statute to see how other cities and public organizations have handled this <br />issue. <br /> <br />How would you describe the role and relationship the City Attorney has with individual City <br />Council Members? <br /> <br />Ms. Whitmore stated the City Attorney’s role is to be an advisor to the City Council and City Staff. <br />She added it is important to listen openly and hear various perspectives. She noted some cities <br />have policies regarding whether City officials can talk to City Attorneys. <br /> <br />Do you have any concerns with any of the terms outlined in the RFP? <br /> <br />Ms. Whitmore stated she does not have any concerns. <br /> <br />Any other questions and/or concerns? <br /> <br />Ms. Whitmore stated she is curious to know what has gone well with the current City Attorney, <br />and what the City Council feels is a good productive relationship. <br /> <br />Mayor Kuzma stated the current City Attorney has been with the City for 8 years and has a good <br />working relationship with the City Council. He added the City Council has agreed that it is time <br />to see what else is out there. <br /> <br />Ms. Whitmore stated her firm offers proactive governance training, focused on education and <br />relationship building, as well as grooming a good working relationship with the cities they work <br />for. <br /> <br />Councilmember Riley asked whether there is benefit in having both attorneys from one firm. Ms. <br />Whitmore stated there is more opportunity for the attorneys to be able to work together in an <br />integrated manner. <br /> <br />Councilmember Specht asked whether the City Council would go through City Staff with any <br />questions for the City Attorney, or whether individual communication would be welcome. <br /> <br />Ms. Whitmore stated she would ask what the City Council and City Staff are comfortable with. <br />She added she did not see a policy about that in place. She noted the City’s Charter and Ordinances <br />are well-written and detailed. She noted she would follow policy first for communication with <br />Councilmembers keeping the City Administrator in the loop. <br /> <br />City Council Special Work Session / August 23, 2021 <br />Page 8 of 22 <br /> <br />