09-781Council File # 09-781
Green Sheet #307oZ�/7
RESOLUTION
Presented by
OF_SAINT PAUL, MINNESOTA
/3
1 RESOLVED, that the Council of the City of Saint Paul does hereby appoint, upon request of the City
2 Attomey and for the purpose of obtaining specialized skill, the firm of Briggs and Morgan, P.A., under the
3 direction of attorneys Diane B. Bratvold and Jonathan P. Schmidt, as special counsel represenring the Ciry
4 of St. Paul in the matter of Cleaz Channel Outdoor. Inc. v. Citv of St. Paul;
5
6 FURTHER RESOLVED, that the compensation to be paid for the services of said special counsel shall be
7 in accordance with the City Attorney Fee Policy established for the appoinrinents of all such special
8 counsel now and in the future, and the total fees to be paid to said special counsel shall be in accord with
9 such policy, will not exceed $260 per hour, shall be reasonable and shall take into account the factors listed
10 in Rule 1.5 of the Rules of Professional Conduct.
Bostrom
Carter
Harris
Helgen
Stark
Thune
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Approved by the Office of Financial Services
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Approved by City Attomey
U I (� i // I � Y By:
Adopted by Council: Date 7/�y�/J G/ Approv d M or r Submi i to Council
Adoption Certified by Counci Secretary $y:
BY� i lS
Approve y May : e � L Q
By: �
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Green Sheet Green Sheet Green Sheet Green Sheet
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; DepartmenU�ce/Council: Date Initiated:
i � _c��ynnomeY 14-JUL-09 G reen Sheet N O : 3072417
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� Department Sent To Person InitiaUDate
� Contact Person & Phone: 0 ' Attome 0
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Assign Z inanaalServi�es fficeFinaocialServices
Must Be on Council Agenda by (Date): Number �
14JUL-09 For 3 ' Attorne
ROUting 4 • a or's O�ce Ma or/Assistant
Doa Type: RESOLUTION W/$ Order 5 ouucfl Gti Council
TR4NSACTION 6 'tvClerk (.ti Clerk
E-DOCUment Required: Y
Document Contact:
ConWCtPhone:
' Total # of Signature Pages _(Clip All Locations for Signature�
Action Requested:
The CAO recommends approval of a resolution authorizing appointment of outside counsel to represent the City of St. Paul in Clear
Channel Ou[door, Inc. v. City of St. Paul at the Eighth Circuit Court of Appeals.
Recommendations: Approve (A) or Reject (R): Personal Service Contracts MuSt Answer the Following Questions:
Planning Commission 1 Has this person/firm ever worked under a contract for this department?
CIB Committee Yes No
Civil Service Commission 2. Has this person/firtn ever been a city employee?
Yes No
3. Does this person/firm possess a skill not normally possessed by any
wrrent aty employee?
Yes No
Explain all yes answers on separate sheet and attach to green sheet.
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
Plaintiff Clear Channel Oufdoor, Inc. sued the City of St. Paul alleging that the Ciry's billboard extension ordinance is azbitrary aud
capncious, violates state statute, and violates the equal protection and due process clauses of the U.S. Constitution. U.S. Disfrict Court
Judge Donovan Frank determined that the City Council's decision to adopt the ordinance was arbitrary and capricious and concluded
that the billboard extension ordinance is unenforceable as a matter of law.
Advan W ges If Approved:
The City would have the benefit of highly skilled and experienced appellate atrorneys to pu�ue the appeal and develop the azguments
necessary for obtaining reversa] of the U.S. District Court decision which invalidated the City's billboard extension ordinance.
Disadvantages If Approved:
None.
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Disadvantages Ifi Not Approved:
The City would not have the benefit of the highly skilled and experienced appellate attorneys to develop and present the most
persuasive arguments; and the Eighth Circuit could affirm the Districrt Court decision invalidating the City's billboazd extension
ordinance.
Total Amount of
7ransaction: ' CostlRevenue Budgeted: Y
Fundiny source: General Government Accounts- accivity Numner: GL00109073
Outside Counsel
Financial Information:
(Explain)
July 15, 2009 9:49 AM Page 1