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277553 WHITE - CITY CLERK n����� PINK - FINANCE J CANARY - DEPARTMENT G I T Y O F S A I N T ��u L COURCII ��,p� � BLUE - MAYOR File N O. City Attny/JTH � • uncil Resolution Presented By � Referred To Committee: Date Out of Committee By Date WHEREA5, the City Attorney has been representing the Housing and Redevelopment Authority in its litigation with Central Village, Inc. , which action was commenced in July 1978; and WHEREAS, the litigation has been scheduled for trial in the month of November 1981, with trial time minimally estimated at two weeks time; and WHEREAS, Richard Zehring, as Assistant City Attorney, was handling this file from inception of the suit to February, 1980, when he entered private practice and is familiar with business records and witness deposition aspects of the fi1e; and WHEREAS, because of Mr. Zehring 's special knowledge of the file and case, and the probability that James Hart could be a witness rather than serve as counsel at trial, in the judgment of the City Attorney, special circumstances exist for appointment of Mr. Zehring as special counsel; and WHEREAS, the City Attorney requests the City Council to appoint Richard Zehring as special counsel to assist in the final preparation for and trial of the Central Village litigation, now therefore be it RESOLVED that Richard Zehring is hereby appointed as special counsel to assist the City Attorney and at his direction, in the trial of the matter of Central Village, Inc. , vs. Housing and Redevelopment Authority and others and related consolidated cases at a rate of $55 per hour not to exceed 150 hours except in the event the actual trial may exceed two weeks time, such additional hours as may be necessary to complete said trial. COUNCILMEN Yeas Nays Requestgd by Department of: Hunt Levine jil FBVOf Maddox �/ McMahon Y/ B Showalter __ Against Y — Tedesco Wilson O�� � '�al Form Approv y City Att n Adopted by C ouncil: Date — Certified _ •ed by Coun � ecr r � BY Ap o by 17ayor. D t ��CT 7 1981 Approved by Mayor for Submission to Council By - — By �►��:����� OCT 1 ? i981 } . ����� . � ���T•�. CITY OF SAINT PAUL 4� � o � OFFICE OF THE CITY ATTORNEY M iiii�i ii ii ;" . „� EDWARD P. STARR, CITY ATTORNEY •... 647 City Hall,Saint Paul,Minnesota 55102 612-298-5121 GEORGE LATIMER MAYOR October 2, 1981 �t- � '�a--,�, � �� C�- a,�. D � To: Council President Ron Maddox and ,� �� �. Georg cM hon, Finance Committee ,� ,� From: EPS ��� � p �V�V Re: Central age, Inc. , vs. Housing and Redevelopm t � . Authority of the City of Saint Paul, Minnesota and � Barbara A. Goher and others Q_,,,��-� -A/ 0""'� �`�'1/ This litigation involving James Milsap has been scheduled for trial November 10, 1981. This office has also been advised of the retention of Douglas Johnson as Milsap's trial counsel. As you know, Dick Zehring who handled this file. through most of the pre- trial discovery process is now in private practice as head of the Saint Paul real estate practice section of the firm of Doherty, Rumble & Butler. Because of Dick's special knowledge of the file and because Jim Hart will be called as a witness, T am requesting that the City Council approve appointment of Dick as special counsel to assist David Nord in representing the City and HRAs ' interests. We estimate two weeks or 80 hours trial time and 70 hours trial preparation time�will be required. While Dick's minimum billing fee with the Doherty firm is $70 per hour, they have agreed to a $55 per hour fee because of the special circumstances. The minimum upset figure on this basis would be $8250 extended upwards by any additional actual trial time as might occur. Jim Bellus is amenable to HRA accepting half this expense. The balance would be funded from the City Attorney's accounts. In view of the interim charge of the Park Machinery Co. , settlement to City Attorney rather than Public Works Department Budget, a subsequent budget resolution may become necessary. For now, however, I would appreciate your prompt consideration of this appointment request, so that trial preparation may be begun. cc: Mayor Councilmembers ���;�� . . � ����.,�� ✓�� � ,.�,� ��i�!r,'� 4s , �, �� i g f7�4 ��_��. CITY OF SAINT PAUL ;�~ 'i� OFFICE OF THE CITY ATTORNEY � iiui'ii°i �" . „ EDWARD P. STARR, CITY ATTORNEY ,... 647 City Hall,Saint Paul,Minnesota 55102 612-296-5121 GEORGE LATIMER MAYOR October 2, 1981 To: Council President Ron Maddox and Georg cM hon, Finance Committee From: EPS Re: Central age, Inc. , vs. Housing and Redevelopment Authority of the City of Saint Paul, Minnesota and Barbara A. Goher and others This litigation involving James Milsap has been scheduled for trial November 10, 1981. This office has also been advised of the retention of Douglas Johnson as Milsap's trial counsel. As you know, Dick Zehring who ;handled this file through most qf the pre- trial discovery process is now in private practice as heac� of the Saint Paul real estate practice section of the firm of Doherty, Rumble & Butler. Because of Dick's special knowledge of the file and because Jim Hart will be called as a witness, I am requesting that the City Council approve appointment of Dick as special counsel to assist David Nord in representing the City and HRAs ' interests. We estimate two weeks or 80 hours trial time and 70 hours trial oreparation time�will be required. While Dick's minimum billing fee with the Doherty firm is $70 per hour, they have agreed to a $55 per hour fee because of the special circumstances . The minimum upset figure on this basis would be $8250 extended upwards by any additional actual trial time as might occur. Jim Bellus is amenable to HRA accepting half this expense. The balance would be funded from the City Attorney's accounts . In view of the interim charge of the Park Machinery Co. , settlement to City Attorney rather than Public Works Department Budget, a subsequent budget resolution may become necessary. For now, however, I would appreciate your prompt consideration of this appointment request, so that trial preparation may be begun. cc: Mayor Councilmembers ��.;��