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01-773Council File # p \ _'►R 3 Presented By Referred To Green Sheet # t d413 � RESOLUTION CITY OF SAINT PAUL, MINNESOTA ,g Committee: Date WHEREAS, Section 5.02 of the St_ Paul City Charter and Section 3.04 of the Administrative Code authorize the City Council, upon request of the City Attorney, to appoint special counsel and provide compensation therefor in cases of conflict or of other special circumstances; and WHEREAS, in 1999 a Summons and Complaint entitled Mississit�pi River Revival, Inc., Westside River Watch, Inc. and Mississippi Corridor Neiqhborhood Coalition, Inc. v. the City of St. Paul, MN, venued in United States District Court for the District of Minnesota was served upon the City; and WHEREAS, this citizen suit alleges that the City's storm water discharges into the Mississippi River, via its storm drainage system, violate the permitting requirements of the federal Clean Water Act, 33 U.S.C. §1342(p); and WHEREAS, the suit sought declaratory and injunctive relief, ancl assessment of civil penalties (which have a maximum of $25,000.00 per day per discharge from 1993 through November, 2000) and an award of attorneys' fees and costs; and WHEREAS, Assistant City Attorney Peter G. Mikhail, who has represented the City during the pendency of this action, prepared and argued a motion for summary judgment asserting numerous defenses including mootness, lack of standing, estoppel, and a violation of Article II of the United States Constitution; and WHEREAS, on May 2, 2001, the United States District Court granted the City's motion for summary judgment on the grounds of mootness without reaching the remaining issues; and WHEREAS, the plaintiffs have filed a timely appeal to the United States District Court of Appeals for the Eighth Circuit and their opening brief is due no later than August 14, 2001; and WHEREAS, the City's brief is due no later than September 13, 2001, the City's constitutional challenge to the plaintiff's attempted application of the Clean Water Act will trigger a right on the part of the United States to intervene and file a brief, and the City should then be permitted to file a responsive brief; and WHEREAS, oral argument before the Eighth Circuit is not 3 expected before next spring; and �1' WHEREAS, Mr. Mikhail has resigned from his position in the City Attorney's Office effective August 10, 2001 and accepted a position in the litigation firm of McCollum, Crowley, Vehanen, Moschet & Miller, Ltd.; and WHEREAS, the City Attorney finds that the legal defenses raised by the City are unique and complex, that an unfavorab7.e result could have significant adverse consequences for the City and that Mr. Mikhail has a depth of understanding of the facts and legal issues which justify his continued representation of the City; NOW, THEREFORE, BE IT RESOLVED that by virtue of the aforesaid circumstances, the law firm of McCollum, Crowley, Vehanen, Moschet & Miller, Ltd. be retained to represent and de£end the City in this litigation effective August 11, 2001; and BE IT FURTIiER RESOLVED that the defense will be directed by Peter G. Mikhail and the compensation to be paid for his services as special counsel shall be in accordance with the City Attorney Fee Policy established for the appointment of all such special counsel now and in the future, and the total fees to be paid as special counsel shall be in accord with such policy, will not exceed $120.00 per hour, shall be reasonable and shall take into account the factors listed in Rule 1.5 of the Rules of Professional Conduct. Requested by Department of: Hy. e � Approved by Mayor: Date � r BY � VC_ ti � � � lt� y �—� . � • Form Approved by City Attomey �///� � ` BY � _l�C_�� N� . � �....�� _ /C�' Approved b Mayor fo Submission to Council —�� HY �/ _— By' Adopted by Council: Date N `, � a� � Adoption Certified by Council Sec ary O �-��3 City Attorney �rrrncrrEasor+aatawe 266-8717 Clayton M. Robinson, Jr. NUSf BE ON COUNCILAGB�ZN BY (OATq �� 7/23/O1 GREEN SHEET �•_��•�� No 10 /�.' 31 �� a ,,,.,,,�. ic. 7 2 Y o/� �'31�� .._� � � ��. ��a �1�7wvoa(ortweanunl /%/��/ ❑ TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) Approval of resolution appointing soon-to-be-leaving_Assistant-�i��-T�ttorney Peter G. Mikhail as outside counsel to continue defending appeal in Mississi River Revival Inc., et al. v. City o£ Saint Paul. �� dyL 2 � 20�1 PLANNING COMMISSION CIB COMMfTTEE CIVIL SERVICE CAMMISSION RSONALSERVICE CONTRAGIS MUSTANSWER 7NE FOLLAWING QUES7ION5: Hes tllis P�rtn eoefxorlad uMcY e contlect faf Mie depaltmenl? YES NO, Fiffi Mis Pe�Krm e'm hcen a dly.empbyee9 _ YES NO�- .. .• _ .,-. � __. _- _ Doec this o��m poesess a s�a� na name0va�aseE bv �Y n+�� Y �PbYee? Y6 NO IslhisPneoMrmafarpeted�endoft . YES NO The City is a defendant in a citizens'_-suit alleging violations of F.ederal Clean Water Act. Mr. Mikhail prevailed on summary judgment and the Plaintif£s have appealed. Mr. Mikhail has resigned effective August 10, 2001 to accept a position in private practice. �DVANTAGES IF APPROVED � City will benefit from Mr. Mikhail's depth of understanding of the legal and £actual issues in this unique and potentially very_signi£ieant_litiqation. None Lack of continuity in City's defense. Other staff, unfamiliar with the facts and law, would have to £ast track to prepare appellate brie£ and argument. OFTRANSACTIONS 20,000.00 SOURCE General Government Accounts Outside Counse INFORMATION (EJ�WN) COST/REYENUE BUIXSETm (GRCLE ONE) ACTNm,NUMBER GL00109073 YES NO � Council File # p \ _'►R 3 Presented By Referred To Green Sheet # t d413 � RESOLUTION CITY OF SAINT PAUL, MINNESOTA ,g Committee: Date WHEREAS, Section 5.02 of the St_ Paul City Charter and Section 3.04 of the Administrative Code authorize the City Council, upon request of the City Attorney, to appoint special counsel and provide compensation therefor in cases of conflict or of other special circumstances; and WHEREAS, in 1999 a Summons and Complaint entitled Mississit�pi River Revival, Inc., Westside River Watch, Inc. and Mississippi Corridor Neiqhborhood Coalition, Inc. v. the City of St. Paul, MN, venued in United States District Court for the District of Minnesota was served upon the City; and WHEREAS, this citizen suit alleges that the City's storm water discharges into the Mississippi River, via its storm drainage system, violate the permitting requirements of the federal Clean Water Act, 33 U.S.C. §1342(p); and WHEREAS, the suit sought declaratory and injunctive relief, ancl assessment of civil penalties (which have a maximum of $25,000.00 per day per discharge from 1993 through November, 2000) and an award of attorneys' fees and costs; and WHEREAS, Assistant City Attorney Peter G. Mikhail, who has represented the City during the pendency of this action, prepared and argued a motion for summary judgment asserting numerous defenses including mootness, lack of standing, estoppel, and a violation of Article II of the United States Constitution; and WHEREAS, on May 2, 2001, the United States District Court granted the City's motion for summary judgment on the grounds of mootness without reaching the remaining issues; and WHEREAS, the plaintiffs have filed a timely appeal to the United States District Court of Appeals for the Eighth Circuit and their opening brief is due no later than August 14, 2001; and WHEREAS, the City's brief is due no later than September 13, 2001, the City's constitutional challenge to the plaintiff's attempted application of the Clean Water Act will trigger a right on the part of the United States to intervene and file a brief, and the City should then be permitted to file a responsive brief; and WHEREAS, oral argument before the Eighth Circuit is not 3 expected before next spring; and �1' WHEREAS, Mr. Mikhail has resigned from his position in the City Attorney's Office effective August 10, 2001 and accepted a position in the litigation firm of McCollum, Crowley, Vehanen, Moschet & Miller, Ltd.; and WHEREAS, the City Attorney finds that the legal defenses raised by the City are unique and complex, that an unfavorab7.e result could have significant adverse consequences for the City and that Mr. Mikhail has a depth of understanding of the facts and legal issues which justify his continued representation of the City; NOW, THEREFORE, BE IT RESOLVED that by virtue of the aforesaid circumstances, the law firm of McCollum, Crowley, Vehanen, Moschet & Miller, Ltd. be retained to represent and de£end the City in this litigation effective August 11, 2001; and BE IT FURTIiER RESOLVED that the defense will be directed by Peter G. Mikhail and the compensation to be paid for his services as special counsel shall be in accordance with the City Attorney Fee Policy established for the appointment of all such special counsel now and in the future, and the total fees to be paid as special counsel shall be in accord with such policy, will not exceed $120.00 per hour, shall be reasonable and shall take into account the factors listed in Rule 1.5 of the Rules of Professional Conduct. Requested by Department of: Hy. e � Approved by Mayor: Date � r BY � VC_ ti � � � lt� y �—� . � • Form Approved by City Attomey �///� � ` BY � _l�C_�� N� . � �....�� _ /C�' Approved b Mayor fo Submission to Council —�� HY �/ _— By' Adopted by Council: Date N `, � a� � Adoption Certified by Council Sec ary O �-��3 City Attorney �rrrncrrEasor+aatawe 266-8717 Clayton M. Robinson, Jr. NUSf BE ON COUNCILAGB�ZN BY (OATq �� 7/23/O1 GREEN SHEET �•_��•�� No 10 /�.' 31 �� a ,,,.,,,�. ic. 7 2 Y o/� �'31�� .._� � � ��. ��a �1�7wvoa(ortweanunl /%/��/ ❑ TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) Approval of resolution appointing soon-to-be-leaving_Assistant-�i��-T�ttorney Peter G. Mikhail as outside counsel to continue defending appeal in Mississi River Revival Inc., et al. v. City o£ Saint Paul. �� dyL 2 � 20�1 PLANNING COMMISSION CIB COMMfTTEE CIVIL SERVICE CAMMISSION RSONALSERVICE CONTRAGIS MUSTANSWER 7NE FOLLAWING QUES7ION5: Hes tllis P�rtn eoefxorlad uMcY e contlect faf Mie depaltmenl? YES NO, Fiffi Mis Pe�Krm e'm hcen a dly.empbyee9 _ YES NO�- .. .• _ .,-. � __. _- _ Doec this o��m poesess a s�a� na name0va�aseE bv �Y n+�� Y �PbYee? Y6 NO IslhisPneoMrmafarpeted�endoft . YES NO The City is a defendant in a citizens'_-suit alleging violations of F.ederal Clean Water Act. Mr. Mikhail prevailed on summary judgment and the Plaintif£s have appealed. Mr. Mikhail has resigned effective August 10, 2001 to accept a position in private practice. �DVANTAGES IF APPROVED � City will benefit from Mr. Mikhail's depth of understanding of the legal and £actual issues in this unique and potentially very_signi£ieant_litiqation. None Lack of continuity in City's defense. Other staff, unfamiliar with the facts and law, would have to £ast track to prepare appellate brie£ and argument. OFTRANSACTIONS 20,000.00 SOURCE General Government Accounts Outside Counse INFORMATION (EJ�WN) COST/REYENUE BUIXSETm (GRCLE ONE) ACTNm,NUMBER GL00109073 YES NO � Council File # p \ _'►R 3 Presented By Referred To Green Sheet # t d413 � RESOLUTION CITY OF SAINT PAUL, MINNESOTA ,g Committee: Date WHEREAS, Section 5.02 of the St_ Paul City Charter and Section 3.04 of the Administrative Code authorize the City Council, upon request of the City Attorney, to appoint special counsel and provide compensation therefor in cases of conflict or of other special circumstances; and WHEREAS, in 1999 a Summons and Complaint entitled Mississit�pi River Revival, Inc., Westside River Watch, Inc. and Mississippi Corridor Neiqhborhood Coalition, Inc. v. the City of St. Paul, MN, venued in United States District Court for the District of Minnesota was served upon the City; and WHEREAS, this citizen suit alleges that the City's storm water discharges into the Mississippi River, via its storm drainage system, violate the permitting requirements of the federal Clean Water Act, 33 U.S.C. §1342(p); and WHEREAS, the suit sought declaratory and injunctive relief, ancl assessment of civil penalties (which have a maximum of $25,000.00 per day per discharge from 1993 through November, 2000) and an award of attorneys' fees and costs; and WHEREAS, Assistant City Attorney Peter G. Mikhail, who has represented the City during the pendency of this action, prepared and argued a motion for summary judgment asserting numerous defenses including mootness, lack of standing, estoppel, and a violation of Article II of the United States Constitution; and WHEREAS, on May 2, 2001, the United States District Court granted the City's motion for summary judgment on the grounds of mootness without reaching the remaining issues; and WHEREAS, the plaintiffs have filed a timely appeal to the United States District Court of Appeals for the Eighth Circuit and their opening brief is due no later than August 14, 2001; and WHEREAS, the City's brief is due no later than September 13, 2001, the City's constitutional challenge to the plaintiff's attempted application of the Clean Water Act will trigger a right on the part of the United States to intervene and file a brief, and the City should then be permitted to file a responsive brief; and WHEREAS, oral argument before the Eighth Circuit is not 3 expected before next spring; and �1' WHEREAS, Mr. Mikhail has resigned from his position in the City Attorney's Office effective August 10, 2001 and accepted a position in the litigation firm of McCollum, Crowley, Vehanen, Moschet & Miller, Ltd.; and WHEREAS, the City Attorney finds that the legal defenses raised by the City are unique and complex, that an unfavorab7.e result could have significant adverse consequences for the City and that Mr. Mikhail has a depth of understanding of the facts and legal issues which justify his continued representation of the City; NOW, THEREFORE, BE IT RESOLVED that by virtue of the aforesaid circumstances, the law firm of McCollum, Crowley, Vehanen, Moschet & Miller, Ltd. be retained to represent and de£end the City in this litigation effective August 11, 2001; and BE IT FURTIiER RESOLVED that the defense will be directed by Peter G. Mikhail and the compensation to be paid for his services as special counsel shall be in accordance with the City Attorney Fee Policy established for the appointment of all such special counsel now and in the future, and the total fees to be paid as special counsel shall be in accord with such policy, will not exceed $120.00 per hour, shall be reasonable and shall take into account the factors listed in Rule 1.5 of the Rules of Professional Conduct. Requested by Department of: Hy. e � Approved by Mayor: Date � r BY � VC_ ti � � � lt� y �—� . � • Form Approved by City Attomey �///� � ` BY � _l�C_�� N� . � �....�� _ /C�' Approved b Mayor fo Submission to Council —�� HY �/ _— By' Adopted by Council: Date N `, � a� � Adoption Certified by Council Sec ary O �-��3 City Attorney �rrrncrrEasor+aatawe 266-8717 Clayton M. Robinson, Jr. NUSf BE ON COUNCILAGB�ZN BY (OATq �� 7/23/O1 GREEN SHEET �•_��•�� No 10 /�.' 31 �� a ,,,.,,,�. ic. 7 2 Y o/� �'31�� .._� � � ��. ��a �1�7wvoa(ortweanunl /%/��/ ❑ TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) Approval of resolution appointing soon-to-be-leaving_Assistant-�i��-T�ttorney Peter G. Mikhail as outside counsel to continue defending appeal in Mississi River Revival Inc., et al. v. City o£ Saint Paul. �� dyL 2 � 20�1 PLANNING COMMISSION CIB COMMfTTEE CIVIL SERVICE CAMMISSION RSONALSERVICE CONTRAGIS MUSTANSWER 7NE FOLLAWING QUES7ION5: Hes tllis P�rtn eoefxorlad uMcY e contlect faf Mie depaltmenl? YES NO, Fiffi Mis Pe�Krm e'm hcen a dly.empbyee9 _ YES NO�- .. .• _ .,-. � __. _- _ Doec this o��m poesess a s�a� na name0va�aseE bv �Y n+�� Y �PbYee? Y6 NO IslhisPneoMrmafarpeted�endoft . YES NO The City is a defendant in a citizens'_-suit alleging violations of F.ederal Clean Water Act. Mr. Mikhail prevailed on summary judgment and the Plaintif£s have appealed. Mr. Mikhail has resigned effective August 10, 2001 to accept a position in private practice. �DVANTAGES IF APPROVED � City will benefit from Mr. Mikhail's depth of understanding of the legal and £actual issues in this unique and potentially very_signi£ieant_litiqation. None Lack of continuity in City's defense. Other staff, unfamiliar with the facts and law, would have to £ast track to prepare appellate brie£ and argument. OFTRANSACTIONS 20,000.00 SOURCE General Government Accounts Outside Counse INFORMATION (EJ�WN) COST/REYENUE BUIXSETm (GRCLE ONE) ACTNm,NUMBER GL00109073 YES NO �