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90-817 O " ( � � �� � Council File � - / / Green Sheet � RESOLUTION CITY OF SAINT PAUL, MINNESOTA ��. Presented By : Referred To Committee: Date An administrative resolution retaining the services of the law firm of Robins , Kaplan, Miller & Ciresi at the rate of $105. 00 per hour to assist in the case of City of Saint Paul vs . N. S .P. WHEREAS , the City of Saint Paul is presently involved in an appeal of a lawsuit from the Minnesota Court of Appeals to the Minnesota Supreme Court, said suit being between the City of Saint Paul and Northern States Power Company; and WHEREAS , this suit is of a high degree of importance to the City of Saint Paul ; and WHEREAS , this suit involves intricate theories of franchi�se law; and WHEREAS , the City has a very short period of time in which to respond and in fact has requested, and has been granted, an extension of time for response ; and WHEREAS , the law firm of Robins , Kaplan, Miller and Ciresi is familiar with franchise law and is familiar with the operation of N.S .P. ; and . WHEREAS , they could be of great assistance in preparing this important case in a very short period of time ; now, there- fore , be it RESOLVED , upon the request and approval of the City Attorney, that the City of Saint Paul retain the services of the law firm of Robins , Kaplan, Miller and Ciresi to assist the City in its preparation for appeal to the Minnesota Supreme Court in the case of City of Saint Paul vs . Northern States Power Company; and, be it ORlGINAL � � ��o -��� FINALLY RESOLVED, that the fee for such agreement shall not exceed $105.00 per hour� r,,� ;'i'h � rv��.y,,n1u,� o �r- '� 2 5 n� i • eas Navs Abaent Requested by Department of: mon osw tz �. on �, �(Ni'L�� acca ee �, e an �„_ un e B j�G�Gtfl- �� � i son � Y� D Adopted by Council: Date MAY $ �99� Form Approved by City Attorney Adoption Certified by Council Secretary By: l��,l,�,� �• ���C��'� � By' Approved by Mayor for Submission to Approved b Mayor: Date MjAV g �ggp Council ` sy: �.����1 $y: �,/'�..�,�� M1�lISHED M AY 19 19 9 0 l,�y�-��� DEPARTMENTIOFFlCE/COUNqL DATE INITIATED � ��� c�ty Attorney 5/'7/gp GREEN SHEET No. CONTACT PERSON 6 PHONE INITIAU DATE INITIAUDATE �DEPARTMENT DIRECTOR �CITY COUNdL Jane A. McPeak, Ext. 5121 �� arv nrroRN�r �cirr c�RK NuMeen r� �I MUBT BE ON COUNqL AOENDA BY(DAT� ROU7Ni0 :BUDOET OIRECTOR FIN.8 MOT.SERVICES DIR. 5/8/90 - Suspension �u►voR�op�sra,m ❑ TOTAL N OF SIC3NATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATUR� ACTION REQUEBTED: Approval of outside counsel for City of Saint Paul v. Northern States Power RECOMMENDA710N8:App►ovs(A)a Rs�ect(R) COUNqL COMMITTEE/RESEARCH REPORT OPTIONAL _PLANNING COMMISSION _qVIL SERVICE COMMIS810N ��YST PNONE NO. _GB COMMITTEE _ —STAFF _ COMMENTB: —DISTRICT OOURT _ SUPPORT3 WHICH COUNCIL OBJECTIVE? INITIATINQ PROBLEM,188UE,OPPORTUNITY(Who.Whet,When,Whero,Wh»: Court imposed filing deadline for a brief and the complexity of the issues in this case, other demands on Mr. Byrne ' s time (pre-existing hearings and additional briefing commitment, and current staff workloads which make re- assignment difficult if not impossible have caused us to request appointment of outside counsel (Robins , Kaplan, Miller & Ciresi) to perform limited legal research for Mr. Byrne ' s brief. ADVANTAOES IF APPROVED: A more thoroughly researched brief will enhance the likelihood of success before the Minnesota Supreme Court which will result in a significant increase in NSP' s franchise fee payments to the City. DISADVANTAaES IF APPROVED: None known DISADVANTAOES IF NOT APPROVED: Less likelihood of thoroughly researched brief which could affect likelihood of City success TOTAL AMOUNT OF TRANB/►CTION a 2, 500 COST/REVENUE BUDOETED(CIRCLH ONE� NO FUNDINtiSOURCE Clt}7 Attorney OL1tSl.C�2 Counsel pC�y�yNUMBER 09073 FlNANqAL INFORMATION:(EXPLAIN) budget NOTE: COMPLETE DIRECTIONS ARE INCLUDED IN THE GREEN SHEET INSTRUCTIONAL MANUAL AVAILABLE IN THE PURCHASING OFFICE(PHONE NO. 298-4225). ROUTING ORDER: Below are preferred routings for the five most frequent types of documents: CONTRACTS (assumes authorized COUNqL RESOLUTION (Amend, Bdgts./ budget exists) Accept.Grants) 1. Outside Agency 1. Department Director 2. Initiating DepaRment 2. Budget Director , 3. Ciry Attomey 3. City Attorney 4. Mayor 4. Mayor/Assistant 5. Finance 8�Mgmt Svcs. Director 5. Ciry Council 6. Finance Accounting 6. Chief Accountant, Fin &Mgmt Svcs. ADMINISTRATIVE ORDER (Budget COUNCIL RESOLUTION (all others) Revision) and ORDINANCE 1. Activity Manager 1. Initiating DepaRment Director 2. Department Accountant 2. Ciry Attorney 3. Department Director 3. Mayor/Assistant 4. Budget Director 4. City Council 5. City Clerk 6. Chief Axountant, Fin &Mgmt Svcs. ADMINISTRATIVE ORDERS (all others) 1. Initiating Department 2. City Attorney 3. Mayor/Assistant 4. City Clerk TOTAL NUMBER OF SIGNATURE PAGES Indicate the#of pages on which signatures are required and reli esch.of these pages. ACTION RECIUESTED Describe what the projecUrequest seeks to accomplish in either chronologi- cal order or order of importance,whichever is most eppropriate for the issue. Do not write complete sentences. Begin each item in your Ast with a verb. RECOMMENDATIONS Complete if the issue in question has been preseMed before any body, public or private. SUPPORTS WHICH COUNCIL OBJECTIVE? Indicate which Council objective(s)your proJect/request supports by listing the key word(s)(HOUSING, RECREATION, NEIGHBORHOODS, ECONOMIC DEVELOPMENT, BUDGET, SEWER SEPARATION).(SEE COMPLETE LIST IN INSTRUCTIONAL MANUAL.) COUNCIL COMMITTEE/RESEARCH REPORT-OPTIONAL AS RE�UESTED BY COUNCIL INITIATING PROBLEM, ISSUE,OPPORTUNITY Explain the situation or conditions that created a need for your project or request. ADVANTAGES IF APPROVED Indicate whether this is simpty an ennual budget procedure required by law/ charter or whether there are specific wa in which the City of Saint Paul and its citizens will beneflt from this pro�icUaction. DISADVANTAGES IF APPROVED What negative effects or major changes to existing or past processes might this projecUrequest produce if it is passed(e.g.,traffic delays, noise, tax increases or assessments)?To WhomT When? For how long? DISADVANTAGES IF NOT APPROVED What will be the negative consequences if the promised action is not approved? Inability to deliver service?Continued high traffic, noise, accident rate?Loss of revenue? FINANCIAL IMPACT Although you must tailor the information you provide here to the issue you are addressing, in general you must answer two questions: How much is it going to cost?Who is gang to pay?