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89-523 WHITE - CITV CLEFiK PINK - FINANCE G I TY SA I NT PAU L Council /�/�' CANARV - DEPARTMENT /J BLUE - MAVOR File NO• ` � ��� � , Cou c Resolution ���� `'� � �i Presented B ���sL�'"� Referred To �'����, �� �- Committee: Date � � � Out of Committee By Date WHEREAS, The City of S in Paul., in conjunction with the Minnesota State Department of Transpo t tion and the United States Department of Transportation, is in the p oc ss of completing an Environmental Impact Statement [EIS7 for the imp o ement of Shephard Road; and WHEREAS, The laws and g lations pertaining to the preparation and adoption of Environmental I pact Statements are complex requiring experience within the speci 1 zed field, and the Departments of Public Works and Planning and o omic Development have recommended the retention of the law firm arkin, Hoffman, Daly & Lindgren, Ltd. to assist the office of City t rney when advising on this matter; and WHEREAS, Section 5 .02 of the Saint Paul City Charter and Section 3.04 of the Saint Paul Admini trative Code authoriie the City Council , upon request of the City �' A torney, to appoint special counsel and provide compensation the ef r in cases of special and unusual circumstances; and WHEREAS, The City Att r y has explained the need for the hiring of outside counsel and has re uested same; now, therefore be it RESOLVED, That by vi t e of the aforesaid special and unusual circumstances, the law fir o Larkin, Hoffman, Daly & Lindgren, Ltd. , be retained to assist the it Attorney in providing the required legal assistance to the City d its departments and offices to assure compliance with applicable e eral and State laws and regulations in the development and implementa io of the Environmental Impact Statement for the redevelopment of She ha d Road now under study, and that the attorney's fees be billed n monthly basis with the total fees not to be in excess of a reasona le fee having reference to the appropriate provisons of the Code of P o essional Responsibility. COUNCIL MEMBERS Requested by De rtment of: � Yeas Nays � � � Dimond r�� In Fa or coswitz � Rettman �ne1be� _ A ain t BY Sonnen Wilson APR 2 9 Form Approve b City Attorn Adopted by Council: Date Certified Pas d uncil S etar BY By- A►pproved Mav . D e A1" 2 �89 Ap ov y Mayor for Submi i n t Cou�itcil � � ' �UBtISt�D ?���^;�� ; 989 y � � ���� DEPAFlTNIEPIT/OFPI COUNqL DA INI TED 12 4 0 Publ ic Works -� -s9 GREEN SHEET No. OONTACT PER30N 3 PHONE _. �N�7UL1 DATE INITIALIDATE qTY COUNqL Leon Pea rson 292-6277 �CITY ATTORNEY �CITY CLERK MUST BE OW COUNCIL AOENDA BY(DAT� TI �BUDOET DIRECTOR �FlN.6 MQT.SERVICES DIR. �MAYOR(OR ASSIST � TOTAL#�OF SIQNATURE PAOES ( A �OCATION8 FOR SI�iNATURE� ACTION REQUESTED: Approve retaining law firm of Larkin H ffman, Daly � Lindgren, Ltd. as special counsel to assist the City in the devetopmen o its Environmental Impact Statement for the improvement of Shepard Road. RECOnAMENDATIONS:Apprare(A)a Re�sct(F� N COMMITTEE/RESEARCH REPORT OPTIONAL _PLANNINO OOMMI3SION _pVIL SERVICE COMMISSION � Y8T PHONE NO. _qB OOMMITTEE _ _STAFF _ _DI$TRICT COURT _ SUPPORTS WHICH COUNdI OBJECTIVEI INITIATIN(i PROBLEM,ISSUE.OPPORTUNITY(Who.Whet.When,WMro,Wh� The laws and regulations pertaining o he preparation of an Environmental Impact Statement are complex and require expert legal co nsel . ADVANTAQES IF APPROVED: Staff will be better able to complet t e Final Environmental Impact Statement in compliance with the pertinent laws a d egulations. DISADVANTAOEB tF APPROVED: DISADVANTACiEB IF NOT APPROVED: Possible tegal complications. ....,. ._. _,.� . ;.�, _1.7 '^ F. , ,. _ ._ ..., , .� IL'Wi 1,�.-'.:'; � -- i..i.:J TOTAL AMOUNT OF TRAN8ACTION a COST/REVENUE BUDOETED(CIRCLE ON� YES NO FUNDINO SOURCE ACTIVITY NUMBER FlNANpAI INFORMATION:(EXPLAtN) . , . , ����3 ;���'�'1 �.�... _a`.",,,.,U�R"„�. CITY OF SAIN AUL `'�' °':��,� �;` � �� DEPARTMENT OF PUBLIC WORKS %r uii�iii�ii �� �.,o = DONALD E. NYGAARD, DIRECTOR �••• 600 City Hall Annex, Saint Paul, Minnesota 55102 'q'�m���c....o°��. 612-298-424� GEORGE LATIMER MAYOR March 13, 1989 �1 `(�� �� ��C I �p �� M�� 17 1989 617I.h'4.T�AjV��7 6D��I�1sG George Latimer, Mayor City of Saint Paul 347 City Hall Saint Paul, Minnesota 55102 Dear Mayor Latimer: The City Attorney's Office has ad ise that we seek outside counsel to assist in an examination of the Environmental Im act Statement as it is developed into a "Final" document. We have had a preli ina meeting with Peter Beck of Larkin, Hoffman, Daly & Lindgren, Ltd., to discuss he cope of work that would be expected. Being satisfactory to Mr. Beck, Jerry Se al as drafted a resolution authorizing the action. I have attached the draft resoluti n a d an accompanying letter to be submitted to the City Council for their consideratio . Very truly yours, �. � Donald E. Nygaard Director of Public Works DEN:smh cc: Peggy Reichert Leon Pearson Attachment (����� Members: CIT F �AINT PAUL Roger J. Goswitz, chair - , ���,,,,, Janice Rettman t������t n: , OFFI E3 F TRI� CITY COQNUIL Tom Dimond Date: April 19 1 89 RECEIVE� o mittee Report A?� 1 g`�ga� � � �;,,�� c�..���<:, �, To: Saint Paul Cit C I'u cil � Y From :Public Works, tilities, and Transportation Committee . Roger J. Gosw tz, Chair The Public Works Committee t ts meeting of April 19, 1989 took the following action: l. Approval of nu es of April 5, 1989. Hearing Date • 2. 4/25/89 RATIFICATION F WARD OF DAMAGES: Condemning Approved and taking er anent easements for street 3-0 purposes and or utility and drainage purposes in Hazel Par dition and Hazel�Park Villas for the� RAU/CASE AREA STORM SEWER PROJECT. 3. 4/25/89 RATIFICATION F WARD OF DAMAGES: Condemning Approved and taking er anent utility easements in 3-0 , . certain par o Rice Street Villas for the ALBEMARLE/NE AREA STORM SEWER SEPARATION PROJECT. Ea me t required by the MWCC. 4. 4/25/89 RATIFICATION F WARD OF DAMAGES: Condemning Approved . and taking e anent easements for utility 3-0 purposes in ce tain parcels in Soo Line Plat No. 2 and ic Street Villas. Part of the ALBEMARLE/NE RA AREA STORM SEWER PROJECT. . 5. 4/25/89 RATIFICATIONI�OF SSESSMENTS: for work started Approved during 1988 co struction season. Improving 3-0 ST. CLAIR A ENUE from Cretin Avenue to Snelling Ave ue ith a lantern style lighting system. 6. S/2/89 FINAL ORDER For constructing a sanitary Approved sewer and s we connections in HALL LANE from 3-0 Delos Stree o 350 feet north of Delos Street. ' - 7. 5/2/89 FINAL ORDER ' For constructing a sanitary Approved sewer and s we connections in MARION STREET 3-0 from Larpent ur Avenue to Idaho Avenue. C1TY HALL SEVEN H LOOR SAINT PAUL,� MINNESOTA 55102 °�o�� � . . � � �?��"��r� 8. 5/2/89 RATIFICATION ' F AWARD OF DAMAGES: For Approved opening, wi en ng and extending EAST SHORE 3-0 DRIVE by ta in and condemning the southerly 610 feet of ov rnment Lot 1. 9. 5/2/89 FINAL ORDER: Sidewalk reconstruction with Approved integral cur ' o the North side of W. SEVENTH 3-0 STREET from S ith Avenue to Forbes Avenue; East side SM TH VENUE from W. Seventh Street to Forbes Av nu , and West side FORBES AVENUE from Smith A en e to W. Seventh Street. (Laid over in Comm tt e from 4/5/89) . 10. UPDATE: On on truction of IRVINE AVENUE AREA Laid Over In STORM SEWERI P JECT AND STREET PAVING AND Committee LIGHTING PR E . (Laid over in Committee Indefinitely 3/8/89) . 11. RESOLUTION 9- 61: Authorizing proper City Laid Over In officials lease to Naegele Outdoor Committee Advertising, , I . property located at 1060 W. Two Weeks to SEVENTH STR T to display advertising sign. 5-3-89. (Laid over i ' Co mittee 3/22/89) . 12. DISCUSSION: Imp ovements in WHEELOCK PARKWAY Laid Over In from Edgem t St. to 100 feet east of Committee Edgemont. Indefinitely 13. RESOLUTION -2 5: Authorizing approval of Laid Over In Ramsey Count pl ns to reconstruct LARPENTEUR Committee between 35-E nd Edgerton, bridge construction Indefinitely over Soo Line R and right-of-way acquisition. (Laid over i Co ittee 3/8/89) . 14. RESOLUTION 8 -5 4: Authorizing proper City Approved officials to ex cute an agreement with Ramsey 3-0 County to pro id for payment of approximately $10,000 from ou ty Aid Fund for City's share . of sidewalk, ut lities, curb and gutter costs associated it the reconstruction of MC KNIGHT ROAD an Minnehaha. (Referred to Committee 3/2 /8 ) . 15. RESOLUTION 8 -5 9: Amending the 1988 CIB Approved Budget by a di g $373,500 for the MINNEHAHA 3-0 AVENUE PROJE T rom White Bear to McKnight. (Referred to o ittee 4/4/89) . 16. RESOLUTION 8 -5 0: Amending 1989 CIB Budget Approved by adding 75 ,550 for MSA contingency. 3-0 (Referred to o ittee 4/4/89) . 2 . . � � �d-��-�� 17. RESOLUTION 89 56 : Amending the 1989 CIB Approved Budget by ra sferring $96,020 to the 3-0 MISSISSIPPI RI ER BOULEVARD PROJECT. (Referred to Committee 4 4/ 9) . 18. RESOLUTION 8 56 : Amending the 1989 CIB Approved Budget to pro id $39,200 for the construction 3-0 work on MI SI SIPPI RIVER BOULEVARD at Marshall. (Re er ed to Committee 4/4/89) . 19. RESOLUTION 8 -S 2: Amending the 1989 CIB Approved Budget by ra sferring $100,000 from W. 3-0 Seventh Stre t idening to DALE STREET RIGHT- OF-WAY ACQUI IT ON PROJECT. (Referred to Committee 4/4 89 . 20. RESOLUTION 8 -5 8: Authorizing proper City Already Acted officials t e ecute an agreemwnt with the on at State Depar e of Transportation for the Council cost, maint na ce and operation of traffic control sig al pro�ect on llth Street at St. Peter and o 1 th Street at Wabasha and the revision of he existing signal on 12th Street at Wabasha. Re erred to Committee 4/4/89) . 21. RESOLUTION 9- 73: Authorizing proper City Approved officials t xecute an agreement with the 3-0 Commissioner o Transportation detailing the engineering an administrative procedures for - City road r ridge pro�ects financed with federal fun . 22. RESOLUTION 9- 03: Approving the appointments Approved by the Ma or of CRAIG WRUCK and VICTOR 3-0 ANGERHOFER t serve on the Metropolitan Aircraft So �nd Abatement Council. (Referred to Committee 4 6/ 9) . --_ . _ „����y 23. RESOLUTION 9- 23: Retaining the law firm of Approved Larkin, Ho fm n, Daly and Lindgren, Ltd. as 3-0 special co ns 1 to assist in the development of the E or the improvement of SHEPARD ROAD. (Ref re to Committee 3/30/89) . 24. RESOLUTION 8 -429: Amending C.F. 84-632 Recommended adopted Ma 1 , 1984, and approving St. Paul's Denial -2 -1 ASSESSMENT P LICY regarding construction and Goswitz voting reconstruc io of sidewalks. (Laid over in NO Committee o /19/89) . 25. RESOLUTION 8 -428: Amending the 1985 CIB Recommended Budget b ransferring $341,725.71 from Denial- 2-1 Curtice/Mt.Ho e/Andrew Project to Residential Goswitz voting Sidewalk Re onstruction. (Laid over in NO Committee to /19/89) . 3