HomeMy WebLinkAboutAgenda Packets - 2006/05/01
CITY OF MOUNDS VIEW
CITY COUNCIL WORK SESSION AGENDA
NEW BRIGHTON CITY HALL
Monday, May 1, 2006
7:00 p.m.
ROLL CALL: Marty, Stigney, Gunn, Flaherty, Thomas
PUBLIC COMMENT
Citizens may speak to issues not on tonight’s agenda. Before speaking, please give your full
name and address for the minutes. Also, please limit your comments to three minutes.
Agenda Items Discussed by Consensus
______ 1. Public Works
A. Infrastructure Improvement Program - Meeting Summary and Survey
Results
B. County Road 10 Improvement Program – Monuments
_______ 2. Police
A. Verbal Report on “Jake Braking” Signs and Enforcement
B. Verbal Report on School Traffic Safety Training
_______ 3. Administration
A. Discuss Kennedy and Graven Contract (Contract is scheduled to end
in July
B. Attorney Report on Ramacher Severance Taxability (Report will be
available on Monday)
C. Discuss City Hall Ribbon Cutting Ceremony on May 22nd
D. Review Expectations for Communications Coordinator
_______ 4. Remind all residents that Mounds View City Hall will be closed at 12noon on
Friday, May 5, 2006, to prepare for the move back to the new City Hall
Facility.
Next Work Session: Monday, June 5, 2006 @7pm
Next City Council Meeting: Monday, May 8, 2006 @7pm
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City of Mounds View
REQUEST for QUALIFICATIONS and PROPOSALS
for LEGAL SERVICES
(Revised March 10, 2003)
I. PURPOSE
The City of Mounds View is requesting qualifications and proposals for Legal
Services from firms experienced in municipal law. Firms may choose to be
considered for either or both or all of the following services:
o City Attorney
o Prosecuting Attorney
II. BACKGROUND
The City of Mounds View, located in the northwest corner of Ramsey County, is a
fully developed Home-Rule Charter City with a population of 12,900. The form of
government established by the City Charter is the "Mayor-Council Plan". Except as
otherwise provided by state law or the Charter, all powers of the City are vested in
the Council. Mounds View is governed by a City Council composed of a Mayor and
four Council Members. All are elected at-large, the Mayor for a two-year term and
the Council for four-year terms. Mounds View has 43 full-time employees, a 2003
total budget of $4,964,000 and a tax levy of $2,543,000.
Historically the City has retained a private firm or firms to provide City Attorney and
prosecution services. The City has also utilized additional firms to provide bond
counsel service and to work with TIF-related development issues.
III. PROCESS
A. The City will use the following process for selecting Legal Service
Providers.
1. The City Council will appoint a Selection Committee to interview firms.
The Committee will recommend to the City Council the firm or firms to be
selected for the two areas of legal service.
2. The City Council will, by resolution, appoint the firm or firms selected to
provide the services indicated.
3. It is the intent of the City Council to award a contract for legal services for
an initial term not to exceed three years. Prior to the expiration of said
legal services contract, the City Council will review and assess the firm’s
performance. The Council may take action to either extend or terminate
the contract, as it deems appropriate.
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IV. GENERAL INSTRUCTIONS
A. Responses must provide complete information as described in this request.
Ten (10) copies shall be submitted by 4:30 p.m. on April 18, 2003:
City Clerk/Administrator
City of Mounds View
2401 Highway 10
Mounds View, MN 55112
B. To ensure fairness and uniformity, firms submitting responses are requested to
not contact City staff or the City Council. Questions about this RFP may be
sent by e-mail to rfp@ci.mounds-view.mn.us prior to the submission deadline.
C. The City will not reimburse any expenses incurred by the firm submitting
responses including, but not limited to, expenses associated with the
preparation and submission of the response and attendance at interviews.
D. The City reserves the right to reject any and all proposals, to request additional
information from any and all Proposers, and to suggest modifications to the
terms and conditions of a retainer agreement from that offered by a Proposer.
V. REQUIRED CONTENTS OF RESPONSE
A. Firms shall indicate which of the two legal services (City Attorney and/or
Prosecuting Attorney) for which they wish to be considered.
B. Firm Background:
1. Brief history of firm
2. Number of attorneys, including number of partners and associates and
areas of specialty
3. Support personnel: number and expertise
4. Office organization and support capabilities
5. Office location(s)
6. Current use of technology, especially capability for computerized legal
research and for sharing and editing documents electronically.
7. Statement of any malpractice claims and/or ethics complaints taken
against your firm or firm’s attorney(s) over the last five years and the
status or outcomes of such action. Indicate whether any action is
pending or is currently under review by the State Ethics Board.
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8. Statement of 2002 billings for municipal work as a percentage of total
2002 billings.
9. Describe malpractice insurance coverage: carrier, limits, and
exemptions.
10. Statement of compliance with federal and state laws respecting civil
rights.
C. Attorney Qualifications:
1. Identify the specific attorney who will serve as the lead attorney for each
of the legal services you have expressed interest in providing, and
indicate the following:
o Academic training and degrees
o Description of background and experience
o Description of prior municipal experience including cities served in a
similar capacity
o List of litigation in communities where designated attorney served as
lead attorney and outcomes of litigation
2. Identify attorney who will serve in the lead attorney’s absence, and
provide information as requested in No. 1 above.
3. Identify other attorneys and support staff who will supply services for
which the City will be charged.
4. Indicate current responsibilities of person designated to serve as lead
attorney.
D. List of cities you currently represent and for what type of service.
E. List of cities you began representing in the last three years and cities you
stopped representing in the last three years.
F. Names, telephone numbers, and contact person of at least five (5) client
references, at least two (2) of which shall be cities.
G. Description of the firm’s view of their responsibilities to the City in the
provision of legal services.
H. Copy of Malpractice/liability Insurance Certificate in a minimum amount of
$1,000,000.
I. Conflict of Interest:
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1. Indicate whether designated lead attorneys or the law firm represent, or
have represented, any client whose representation may conflict with
your ability to provide legal services to the City.
2. Indicate whether designated lead attorneys or the law firm currently
represent any real estate developers. If so, please identify those
companies or persons in detail and provide a percentage breakdown of
how much this work represents of your firm’s total billings.
3. Indicate whether designated lead attorneys or the law firm currently
represents any other local units of government having jurisdiction
within, or contiguous to, the City of Mounds View.
4. Identify what procedures your firm utilizes to identify and resolve
conflicts of interest.
K. Fees:
1. City Attorney—firms desiring to be considered for City Attorney services
shall indicate a monthly retainer amount and describe specific services
to be included within the retainer and any services that would be
outside the retainer (refer to the list of services in Section VII.) For
services outside the retainer, indicate the hourly rate for City Attorney
and other attorneys and support staff that may be working on City
business.
2. City Prosecutor—firms interested in providing City Prosecutor services
shall indicate a monthly retainer amount and describe specific services
to be included within the retainer and provide an hourly rate for the lead
attorney and hourly rates for other attorneys and staff that may be
working on non-retainer City business.
3. The City is interested in exploring alternative fee arrangements other
than the retainer or hourly rate. Indicate any alternate billing
arrangements you would be willing to consider and under what
circumstances they would be most appropriate.
4. Firms shall indicate all other costs and reimbursables including travel
(per mile), telephone, printing, photocopying, etc.
5. Firms shall indicate the minimum increment of time billed for each
service including phone calls, correspondence and personal
conferences.
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VII. Legal Services Requirements
Following are the primary responsibilities for each of the two legal service areas:
City Attorney
1. Attend City Council meetings and other City Board, Authority,
Commission or Committee meetings as requested by the City Council
or City Clerk/Administrator.
2. Draft and/or review ordinances, resolutions, and correspondence, as
requested. Review City Council and agendas and meeting minutes as
requested.
3. Advise the Mayor, Council Members, City Clerk/Administrator,
Department Heads and other staff on city legal matters.
4. Prepare and/or review municipal contracts, such as contracts for public
improvements, joint powers of agreements, construction, and purchase
of equipment.
5. Codification of City ordinances on a regular basis.
6. Represent City in matters related to the enforcement of City building
and zoning codes.
7. Research and submit legal opinions on municipal or other legal matters,
as requested by City Council or City Clerk/Administrator.
8. Meet with the City Council, Economic Development Authority, City
Clerk/Administrator, Department Heads and City Staff as needed to
review Council agenda items, the status of all legal matters before the
City.
9. Provide legal briefings as requested to City Council and Staff regarding
new or proposed legislation affecting municipal operations and
activities.
10. Provide written update on new State or Federal legislation or judicial
decisions impacting the City and suggested action or changes in
operations or procedures to assure compliance.
11. Provide advice on open meeting law, data practice, records retention
and privacy issues.
12. Represent the City in employment related issues, labor negotiations,
Civil Service Commission, arbitration, administrative hearings and in
litigation involving same.
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13. Interpret and advise with respect to municipal employment matters
including, but not limited to, PERA, labor agreements, personnel policy,
FLSA, Veterans’ Preference, and unemployment compensation.
14. Defend City in litigation (except in those cases where insurance
companies are required to provide defense) including, but not limited to,
1) human rights claims; 2) condemnation; 3) permits and administrative
actions; and 4) labor and employment matters.
15. Defend City in uninsured claims and other insurance matters.
16. In coordination with Bond Counsel, review of financing, special
assessments, bonds and insurance requirements required by or for City
contracts or activities.
17. Represent City in the acquisition of properties for public improvements,
easements, and parks.
18. Represent City in condemnation proceedings for public improvement
projects.
19. Represent City in workers’ compensation matters.
20. Initiate litigation on behalf of City as requested by City Council.
21. Interpret and advise regarding State land use statutes and City Code.
22. Interpret and advise regarding laws relating to Comprehensive Plans
and Metropolitan Council approvals.
23. Interpret and advise regarding impact fees and legal uses.
24. Advise and represent the City on environmental matters.
25. Prepare and/or review the following:
a. Conditional Use Permits and Documentation
b. Vacation of Rights-of-way
c. Special Assessments
d. Planned Unit Developments
e. Development Agreements
f. Subdivision and Zoning Requests
26. Possess an adequate knowledge of TIF laws and understand their
application.
27. The firm shall not subcontract out or assign any interest in the contract
and shall not transfer any interest in the same without prior written
consent of the City.
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Prosecuting Attorney
1. Represent and prosecute all criminal law matters within the City’s
jurisdiction, included but not limited to scheduling, coordinating officer
appearances, reviewing all criminal cases presented for purposes of
prosecution, determine technical compliance with criminal code and
other state statutes, writing complaints, making recommendations to the
Court for alternatives to prosecution where appropriate, act as a
resource to the Police Department in the development of criminal
cases, and provide training sessions for Police staff as needed.
2. Timely pursuit of disposition of criminal cases in advance of actual
Court cases to avoid unnecessary officer court time.
3. Process and present forfeiture cases on behalf of Police Department.
VIII. Anticipated Timeline
Following is the anticipated schedule the City Council expects to utilize for the
review and selection of a City Attorney and Prosecuting Attorney:
1. March 11, 2003: Distribute RFPs
2. April 18, 2003 (4:30 PM): Deadline for receipt of RFPs
3. April 21 - 25, 2003: Selection Team Review Period
4. April 28 – May 2, 2003: Interview Semi-Finalists
5. May 12, 2003: Selection of Firm
6. May 13 – 23, 2003: Negotiate Contract Agreement
7. May 26, 2003: City Council Resolution appointing Firm and
authorizing execution of Contract Agreement
IX. Affirmative Action
The City of Mounds View has adopted an Affirmative Action Plan and preference
shall be given to firms having adopted such a policy. The City is committed to
achieving the goals of Equal Employment Opportunity and Affirmative Action and
fully supports the incorporation of non-discrimination and Affirmative Action Rules
and regulations in contracts. Any subcontractor to the City not complying with all
applicable Equal Opportunity/Affirmative Action laws, directives and regulations of
the Federal, State and Local governing bodies or agencies thereof, specifically
Minnesota Statutes §363 will be encouraged to come into compliance or risk the
loss of future contracts.
Mounds View Legal RFP (2003).doc
Item No: 03B
Meeting Date: May 1, 2006
Type of Business: Work Session
City Administrator Review: _______
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Desaree Crane, Assistant to the City Administrator
Item Title/Subject: Discuss Kennedy and Graven Contract – the Contract is
scheduled to expire on July 14, 2006.
Background
Our current agreement with Kennedy and Graven for legal services will expire on
July 14, 2006. This agreement was originally going to expire on July 14, 2005, but
the City Council authorized a one-year extension due many major issues to include
Medtronic and Clear Channel.
Discussion
In 2003, the City Council directed Staff to examine available RFPs for legal
services and drafted an RFP specific to Mounds View. Staff interviewed
approximately 13 law firms in 2003, and the City Council decided to continue with
Kennedy and Graven for the City’s legal services. This was a two-year
agreement, which expired on July 14, 2005. Staff could start the process of
drafting a new RFP for legal representation and start interviewing other law firms or
the City Council could stay with Kennedy and Graven and start the process of
drafting a new two-year contract. With some exceptions over the years, staff has
been satisfied with work performed, but is open to the option of switching at some
point in the future.
Recommendation
Staff would like Council direction on how to proceed with the legal agreement
between the City and Kennedy & Graven. Staff is open to either process as stated
above.
Respectfully submitted,
Desaree Crane
Item No: 3C
Meeting Date: 05/01/06
Type of Business: WS
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Kurt Ulrich, City Administrator
Item Title/Subject: Discuss City Hall Ribbon Cutting Ceremony on May22nd
The May 22nd meeting of the City Council will be the first Council meeting back at the
newly refurbished City Hall. Traditionally, the Twin City North Chamber has held
ribbon-cutting ceremonies to welcome new businesses or upon the opening of new
buildings and they have offered to help with ours. The benefit of the ribbon cutting is
that it will allow us an opportunity to mark the occasion and to publicize to our
customers the reopening of City Hall.
It is recommended that the ribbon cutting ceremony be held at 6:00pm on May 22nd.
The EDA meeting is scheduled to start at 6:30 pm so we will have about a half an hour
for the ceremony, pictures, and brief tours of the building for any in attendance.
Note, the Chamber generally prefers to have ribbon cuttings earlier in the day so that
more business members can attend, however, the proposed time I believe works better
for most members of the Council. If it worked for the Council, an option would be to
have the event at 4:30 or 5:00 pm that day.
Item No: 3D
Meeting Date: 05/01/06
Type of Business: WS
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Kurt Ulrich, City Administrator
Item Title/Subject: Review Expectations for Communications Coordinator
In accordance with the 2006-2007 Action Plan, the City Council is to review and discuss
goals (expectations) for the newly hired City Communications Coordinator, Kim Blackford.
During the initial couple of weeks of employment she has been busy orienting herself
with the City operations, the resources of CTV15, the Cable Committee, working on
projects, and familiarizing herself with the City broadcast equipment.
Below is a list of goals developed as a start to Ms. Blackford’s work here at the City. On
May 15th, we’ll be meeting with the Cable Committee to review cable-programming goals
for the year.
Please review the attached documents for discussion about Council priorities for this
position.
Communications Coordinator
Three-Month Goals
April 17, 2006
Town Meeting: (April 29th)
- attend organizational meetings
- review advertising and notification plan (web site, utility bills, flyers, press
releases, etc.)
- prepare exhibit on City Hall remodel, follow-up with Dave Schultz CTV15 re video
- verify schedule for broadcast of town meeting by CTV15
- finalize one-page town meeting survey and evaluation form
City News Letter:
- review past issues and schedule
- meet with Des to discuss process
- learn software
- start developing story ideas for next issue
- research new software
- research format options (e.g., paper, style, format)
Cable Television
- learn system at New Brighton (Council and Commission meetings)
- attend cable commission meetings
- develop list of program ideas by working with cable commission and City staff
- develop a program production schedule/ review with Cable Commission
- meet with Jerry Skelly and review Cable Commission goals and production
schedule
- meet with CTV15 administrators and staff/ tour CTV15 facilities
- review plan for new City Hall Council chambers with CTV15 staff and on site
Web Page
- meet with Jim Ericson and review and learn process for updating
- develop policy and process for staff to make web page updates
- review web hosting options (e.g. gov.office.com) and plan to migrate to new
system
- log-on and check out web-streaming video of meetings
Press
- meet with each department head, review City goals
- coordinate communication of major goals with each department
- introduce yourself to each of the local press (develop a directory with names,
phone numbers, etc. ), find out about their press release policy/preferred format
CITY COUNCIL AND CITY STAFF
2006 – 2007 ACTION PLAN
Goal 5: Improve communications with the public
Staff Leader: Kurt Ulrich, City Administrator
ACTION STEPS TARGET
DATE(S)
PERSON RESPONSIBLE
Hire Communications Coordinator. March 27, 2006 City Council Action
Develop clear expectations for
Communications Coordinator
May 1, 2006 City Council
Monitor performance of communications Quarterly City Council
Review responsibilities and define
communications action plan (web site, news
letter, newspaper, web-streaming, cable TV
productions)
June 5, 2006 Communications Coordinator
Monitor Council meeting performance: listen
with open mind, be polite, and consider
additional town hall meetings.
On-going City Council