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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