HomeMy WebLinkAbout6.h. City Attorney Selection RecommendationCITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR ACTION
CITY COUNCIL MEETING DATE: APRIL 2, 1991
AGENDA ITEM:'
AGENDA SECTION:
CITY ATTORNEY SELECTION RECOMMENDATION
NEW BUSINESS
PREPARED BY:
STEPHAN
AGENDAIW[W 11K
JILK, CITY ADMINISTRATOR
ATTACHMENTS:
0BY:
MEMO
This item consists of a recommendation to appoint the firm of
Hertog, Fluegel, Sieben, Polk, Jones & Laverdere
as the City's General Legal Counsel as set out in the recommendation
provided.
TO:
FROM:
DATE:
RE:
K (Pity of
osena ount
P O BOX 510
2875 -145TH ST W
ROSEMOUNT. MINNESOTA 55068
612-423-4411
Mayor Napper
Council Members Klassen, Oxborough, Willcox, Wippermann
Stephan Jilk, City Administrator/ � --
March 29, 1991
Attorney Selection Recommendation
Per your direction I have had a meeting, or second interview with Mr. Don
Fluegel and Mr. Eric Short of the Fluegel Law Firm in Hastings.
This Law Firm was one of five firms interviewed to provide legal services
to the City in the area of general, special and prosecution services.
The purpose of this second interview was, based on our discussion, to
address certain concerns I had so as to allow me to make a recommendation
as to the firm to appoint.
Following the completion of that interview I felt very comfortable in the
results of the interview and followed it up with further discussions with
Mr. Eric Short who would be the main legal.counsel involved.
That meeting also was very positive and so I followed up with a request for
Mr. Short to provide a proposal, based upon the needs set out in the
City's Request For Proposal and with estimated costs to do so.
That request is attached for your review. My intent was to narrow down the
scope of the services and the cost and to clarify just how the arrangements
would be between the firm and the City.
Mr. Short responded and that response is attached, dated March 28, 1991.
Based on that response, the initial interview with the firm, the second
interview with Mr. Fluegel and Mr. Short and the follow up meeting with Mr.
Short, I am prepared to make the following recommendation:
That the City of Rosemount enter into an agreement to hire the Law
Firm of Hertog, Fluegel, Sieben, Polk, Jones and LaVerdiere to provide
all legal counsel to the City of Rosemount as proposed in the letter
of March 28, 1991, for General Legal Counsel, Prosecuting Legal
Services and Special Project Services for the year commencing May 1,
1991.
The billing method preferred for these services would be the 1190%" of
hourly rate not to exceed" as quoted for both general and prosecuting
services and the stated hourly rate be utilized for the remaining
services.
That the firm draw up a legal contract for providing these services
and this legal contract be approved on April 16, 1991 by the City
Council.
I am confident that the firm will provide the legal services we need
in all the areas proposed and I look forward to working with them.
999 Westview Drive
Hastings, MN 55033
(612) 437-3148
FAX (612) 437-2732
*Samuel H. Hertogs
*Donald J. Fluegel
**Michael R. Sieben
**Michael S. Polk
*Harvey N. Jones
* � Richard A. LaVerdiere
Steven D. Hawn
♦ George L. May
Thomas R. Longfellow
Leo F Schumacher
Shawn M. Moynihan
Bernie M. Dusich
Mark J. Feliman
Michael R. Strom
John P. Sieben
Scott J. Hertogs
Eric A. Short
Craig M. Roen
**Virginia A. Kraus
Sara L. Micallef
Barbara J. Hoekstra
Of Counsel:
James M. Goetteman
*Also admitted in Wisconsin
**Also admitted in Maryland
and the District of Columbia
Certified as civil trial
specialists by the National
Board of Trial Advocacy
#Certified civil trial specialist
by the Minnesota State
Bar Association
ST. PAUL OFFICE:
Galtier Plaza
Suite 550
175 East 5th St.
St. Paul, MN 55101
(612) 222-4146
FAX (612) 223-8279
Hertogs Fluegel
Sleben Polk
Jones & LaVerdlere
PROFESSIONAL ASSOCIATION
March 28, 1991
Mr. Stephan Jilk, City Administrator
City of Rosemount
2875 - 145th Street West
Rosemount, MN 55068
RE: City Attorney Position
Dear Mr. Jilk:
I submit the following in response to your letter of March 22, 1991.
Our firm would only choose to represent the City of Rosemount if all
services are included, that is, under option 1. This is the option which
we believe would make representation of the City financially feasible for
the Law Firm. We contemplate that the following persons would represent
the City on a regular basis, with the hourly rate for each person set
forth next to each name:
Donald J. Fluegel
$150.00
per
hour
Eric A. Short
$115.00
per
hour
Shawn M. Moynihan
$115.00
per
hour
In addition, the following persons would be involved from time to
time on an "as needed" basis:
Barbara
J. Hoekstra
$100.00
per
hour
Leo F.
Schumacher
$125.00
per
hour
George
L. May
$140.00
per
hour
Mr. Short would provide the general services. Mr. Moynihan and Mr.
Short would provide all prosecution services. Mr. Fluegel would provide
assistance for the larger, more complex projects. Ms. Hoekstra would
serve as back-up for all services. Mr. Schumacher will assist in
development projects where appropriate. Mr. May would assist as needed
in litigation matters.
For the balance of 1991, we would be willing to provide the services
noted as general legal services for which you have requested a retainer
or not to exceed proposal (including attending such council, EDA or other
meetings as you may deem appropriate) on a retainer basis of $10,000.00
per year, billed monthly, or on a not to exceed basis of 90% of hourly
rate not to exceed $10,000.00 per year, billed monthly. All billings
would contain an itemized detail setting forth the services provided.
We would also be willing to include the prosecution services in such an
arrangement, on a cumulative retainer of $45,000.00 per year, billed
monthly, or on a not to exceed basis of 90% of hourly rate not to exceed
$45,000.00 per year, billed monthly. These amounts would be reduced, of
Mr. Stephan Jilk
March 28, 1991
Page 2.
course, to reflect the fact that we would begin to provide services mid-
year. The remainder of the services could best be provided on a per
hour basis at the rates shown above. We would also provide a report at
the end of the year summarizing the events and expenditures of the
previous year.
Regarding the prosecution services, we contemplate that Shawn M.
Moynihan and myself would handle these matters, and Barbara J. Hoekstra
filling in if an emergency arises. The prosecution services, as well as
all of the other services, would be under the supervision of Donald J.
Fluegel. Brief resumes of these persons are as follows, together with
the remainder of the information you have requested.
Donald J. Fluegel Rosemount native Donald J. Fluegel graduated from
Georgetown University Law Center in 1962, and is
a member of the State Bars of Minnesota and
Wisconsin. Mr. Fluegel has served as City
Attorney for the City of Hastings for almost 30
years, and has also represented other governmental
entities over the years. In addition to his
duties as City Attorney, Mr. Fluegel has served
on the City of Hastings' Planning Commission, the
Dakota County Planning Commission, the Hastings
Charter Commission, and various Boards of
Directors of business and charitable
organizations.
Shawn M. Moynihan Rosemount native Shawn M. Moynihan graduated from
William Mitchell College of Law and was admitted
to the Minnesota Bar in 1982. Mr. Moynihan
concentrates his practice in municipal/local
government areas and is currently responsible for
handling the ongoing representation of the City
of Hastings (including criminal prosecution). Mr.
Moynihan has had criminal appellate matters which
have gone to the Minnesota Court of Appeals. Mr.
Moynihan would serve as lead prosecutor.
Eric A. Short Erin A. Short is a 1983 graduate of the University
of Minnesota Law School, and was admitted to the
Minnesota Bar in that same year. Mr. Short is
also admitted to practice before the Federal
District Court, District of Minnesota, and the 8th
Circuit Court of Appeals. Prior to joining the
Law Firm, Mr. Short clerked for the Honorable John
C. Lindstrom, and then became an associate with
the Law Firm of Holmes & Graven, Chartered. Mr.
Short has extensive experience in municipal law
as well as criminal prosecution. Mr. Short is
currently active in assisting Mr. Fluegel and Mr.
Moynihan in matters for our present municipal
clients. Mr. Short would serve as a back-up
prosecutor.
. , .
Mr. Stephan Jilk
March 28, 1991
Page 3.
Barbara J. Hoekstra Barbara J. Hoekstra is a 1990 graduate of William
Mitchell College of Law and was recently admitted
to practice in the State of Minnesota and in the
Federal District Court, District of Minnesota, and
the Eighth Circuit Court of Appeals. She
previously served as a law clerk in our firm, and
has assisted in many municipal and criminal
matters. In addition to her legal training, Ms.
Hoekstra brings with her substantial practical
experience based upon her serving as a member of
the South St. Paul Housing and Redevelopment
Authority. Ms. Hoekstra would also serve as a
back-up prosecutor.
Our Firm is located a short distance from the City of Rosemount.
This close proximity would make access very convenient for City
personnel, including police officers. We would also make every effort
to be available by phone and fax. We also have a messenger available,
and employ a number of Rosemount residents who could assist in delivering
documents on their way to and from work. In addition, the Law Firm would
keep City personnel and police officers updated on developments in the
law with periodic memoranda, policy statements, and in-person training
sessions.
We believe that criminal prosecution can be accomplished in a way
that balances the punishment of the offender with the financial needs of
the City. We typically seek the imposition of fines, in addition to such
other elements of sentencing that may be appropriate, in order to defray
the costs of prosecution.
Our Firm has a large in-house law library (we believe it is the
largest in Dakota County) containing Northwest Reporters (the compilation
of appellate decisions in the Northwest United States from the middle
1800's to the present), several sets of annotated statutes, a set of the
Northwest Digest (a set containing summaries of cases organized by
topic), a set of Dunnell's Digest (an annotated set containing, in
narrative form, summaries of the law of Minnesota organized topically),
as well as various practice handbooks and continuing legal education
materials. The Firm's office is located a short distance from the Dakota
County Government Center, permitting easy access to federal reporters,
statutes and Westlaw computerized research facilities. The Law Firm also
subscribes to Finance and Commerce, a weekly newspaper containing the
decisions of the Minnesota Court of Appeals and Supreme Court. Research
topics are frequently assigned to law clerks (law students working for
the Firm). This assures prompt turn around time for research
memorandums.
There are presently two matters which the Firm is handling which
present conflicts of interest with the City of Rosemount. One matter is
entitled Rose Cliff Landscape Nursery, Inc. v. City of Rosemount, which
is a zoning dispute. The other is the USPCI matter. The Law Firm would
refer these matters to another Law Firm if they were not resolved before
assuming the duties of City Attorney for the City of Rosemount. We
Mr. Stephan Jilk
March 28, 1991
Page 4.
currently represent the Rosemount EDA in litigation regarding the
Rosemount Plaza Condominium project, Carlson-Grefe Construction Inc. v.
Rosemount Condominium Group Partnership, et al.
Should we be selected to provide this service, several attorneys
from the Firm would immediately undertake to become fully acquainted with
pending matters, City ordinances, etc. This would be done on a "no
charge" basis so that the City would not incur any additional expense in
the transition and further so that the City would benefit from
knowledgeable representation from the outset.
With respect to the requested financial report, the Law Firm has a
policy of not releasing its financial statements except under controlled
circumstances in order to guaranty confidentiality. We would be happy
to meet with representatives of the City to review the financial status
of the Law Firm.
Given the depth of resources of the Firm, we believe that we could
competently and economically provide the prosecution services required
by the City of Rosemount.
I hope this is
further is required.
to appear before the
appropriate.
Best regards.
EAS:dso
helpful to you. Please let me know if anything
As always, I would be happy to meet with you, or
Council, should you deem either of these to be
Very truly yours,
FOR THE FIRM:
�• l
Donald J. Fluegel
Eric A. Short
March 22, 1991
Eric Short
Hertog, Fluegel, Sieben & Polk, Jones & LaVerdiere,PA
999 Westview Drive
Hastings, MN 55033
RE: Consulting Services to Rosemount
Dear Eric:
In our conversations regarding the consulting services to the
City of Rosemount I suggested that I was interested in receiving
a proposal from the firm to provide those services and that I
would provide you an outline of such services.
Please review the following needs, as I see them and provide a
proposal to provide the services outlined.
Option 1
General legal services, prosecution services, counsel to the EDA
and legal support on all special projects. This option would
require the firm to provide all legal services to the City for
which the City now utilizes several firms.
Option 2
General legal services, counsel to the EDA and special projects.
This option does not include the prosecution services which would
be handled by another firm.
In both cases the start up or transition work needed to bring the
firm up to speed would be born by the firm as you have already
indicated in your initial proposal.
For both options please provide:
1. Would the firm choose to represent the City under this
option, and if so;
2. Name the person(s) that the firm would use to provide
the initial support and the backup role.
3. The rates that the firm would charge for the services.
The estimated expenditures for these services that the City will
pay in 1991 would be:
General $25,000
Prosecution $35,000
Development Projects $20,000
Special Projects $10,000
EDA $ 5,000
In 1992 and beyond these fees may decrease or increase, assuming
that no change in general legal services would occur but as
development and special projects continue to face us.
1. General legal service - please consider providing all
general legal services as outlined below on a retainer, or
fixed cost not to be exceeded, basis.
Advisor to City Council Committees and Staff: The City
Attorney also acts as advisor to the City Council, Planning
Commission, Utility Commission, Parks and Recreation
Committee, other committees and staff. These functions
include attending for City Council meetings and planning
Commission meetings and other committee meetings as are
requested by the City Administrator or City Council. These
activities include the preparation of opinions on
miscellaneous legal issues including zoning, platting, and
the issuance of permits, procedural matters dealing with
operation of the City Council and Planning Commission and
other committees.
Miscellaneous legal issues: In addition, the City
Attorney's office is involved in areas such as ordinance
drafting, preparation of documents including development
agreements and planned unit development agreements,
preparation of agreements of a miscellaneous nature, review
of transcripts for industrial revenue and tax exempt
mortgage financing, negotiation for the acquisition, sale or
transfer of title to personal property and land acquisition
of easements by the City for miscellaneous purposes
including parks, general advice to the City regarding
building permits, zoning, platting, assistance with
insurance issues, employee relations, etc.
2. General legal services - please consider providing the
following services at a per hour rate.
Legal Action: The City Attorney's office is involved in any
civil action brought against the City that is not covered by
liability insurance. These primarily have to do with
actions being brought as a result of action of the Planning
Commission and City Council whereby a developer or applicant
requests the court that the action be overturned. Other
2
civil actions include condemnation for street and utility
right-of-way, actions being brought either by or against the
City regarding nuisance issues, and injunctions brought for
or against the City. In addition, the attorney's office
acts as a liaison in actions brought against the City where
Rosemount's liability insurance carrier defends the claims.
Improvement Projects: The City Attorney's office is
involved in assistance with improvement projects including
sanitary sewer, water, storm include the acquisition and
negotiation of all easements for street and utility purposes
including condemnation where necessary. Assistance in
assessment rolls, advice to the staff and attending
assessment hearings. In addition the firm will handle all
assessment appeals to the District Court and assist in
preparing and assembling transcripts for all General
Obligation Bond issues as requested.
3. Prosecution Services - outlined as follows:
Provide the City of Rosemount with prosecution against petty
misdemeanors, misdemeanors, and gross misdemeanors as well
as providing related legal advice. This includes the
ability to site codes as necessary and assisting in the
development of City Policies and guidelines for managing
different existing and potential situations.
As a minimum, the proposal shall include:
a. Provide resumes for your firm and for each attorney who
may provide services to the City.
b. Describe special areas of expertise held by members of
the applicant firm and describe how they may be
utilized/applied within the prosecution function.
Describe criminal appellate experience.
C. One important consideration in the provision of
Rosemount's prosecution services is that the
attorney(s) be readily accessible to City personnel,
especially police officers. Discuss how your firm
intends to meet this goal.
d. Describe who would primarily serve as prosecutor.
Describe how you will assure backup personnel.
e. Describe your legal library and research capabilities.
What continuing series are maintained? Periodicals?
Computer links?
f. Describe your support staff (knowledge, skills,
abilities, experience).
3
g. Describe, with detail, all related services that will
be rendered in conjunction with the proposed
prosecution services (training sessions for police,
regular written updates and policy statements).
h. List and describe any previous or current experience in
municipal legal services, specify activities performed
and the name of a person who may be contacted at the
municipality.
i. List previous or current activities performed for the
City of Rosemount.
j. Define any potential conflicts of interest the firm
might have providing services to the City.
k. Provide a detailed description and explanation of all
fees and/or charges that may arise for provided
prosecution and related legal services.
1. Provide a recent audit or financial report.
4. Legal Counsel to the Rosemount EDA - to provide all general
legal counsel to the Rosemount EDA including attendance at
EDA meetings.
5. Special Projects Counsel - this would include general legal
counsel for all special projects such as University of
Minnesota development, Koch Refining expansion, large Tax
Increment District development. These services should be
provided in an hourly rate.
Eric, please take the time to review this and prepare, if you
would, a proposal that we can review.
lj
4
Sincerely,
Stephan Jilk
City Administrator