HomeMy WebLinkAbout4.F.8 Legal Representation -- Transit Issues - Res. No. 7398 Consent Business 4. F. 8.
SHAKOPEE
TO: Mayor and City Council
FROM: Mark McNeill, City Administrator
DATE: 12/17/2013
SUBJECT: Legal Representation--Transit Issues-Res. No. 7398 (D)
Action Sought
To approve the law firm of Hoff, Barry and Kezar, P.A., for assistance with legal issues related to
transit.
Also sought is approval of a resolution consenting to allow the City's existing law firm of
Kennedy and Graven to continue to represent the Minnesota Valley Transit Authority (MVTA), in
connection with the City negotiating joining the MVTA.
Background
The City Councils of both Prior Lake and Shakopee have authorized their respective staffs to
negotiate possible membership with the Minnesota Valley Transit Authority(MVTA).
City attorney Jim Thomson has informed City staff that Jim Strommen, another Kennedy and
Graven attorney, currently represents the MVTA. As such, Mr. Thomson feels that it would be
best that Kennedy and Graven not represent Shakopee in negotiations with the MVTA, due to a
potential conflict of interest.
As an alternative, it is recommended that the firm of Hoff, Barry, and Kozar, P.A., be authorized
to assist the City in any negotiations related to the MVTA membership, and with other transit
issues as may arise in the future. Hoff, Barry, and Kozar, P.A. is familiar with transit as they
currently represent the Maple Grove Transit opt-out.
Mr. Thomson has also asked that the City Council adopt the attached resolution which consents to
Kennedy and Graven continuing to act as general counsel for the MVTA.
Recommendation
1. 1 recommend the Council authorize a hire of Hoff, Barry, and Kozar, P.A. to represent the City
in negotiations with the MVTA, and on other transit issues as the need arises.
2. I recommend the Council approve the attached resolution consenting to Kennedy and Graven
representing the MVTA.
Budget Impact
The rates to be charged by Hoff, Barry, and Kozar, P.A. range from $160 to $230 per hour. Those
hourly rates are comparable to current rates from Kennedy and Graven. Similar to the practice of
Kennedy and Graven, they bill in 1/10th hour increments. Out of pocket expenses are charged
back at cost.
Relationship To Visioning
This supports Goal D, "Maintain, improve, and create strong partnerships with other public and
private sector entities."
Requested Action
If Council concurs, it should approve the following two actions:
1. By motion, approve the hire of Hoff, Barry, and Kozar, P.A. as legal counsel for the City as
relating to Minnesota Valley Transit Authority negotiations, and other transit issues.
2. Approve the following resolution:
Resolution No. 7398
A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, CONSENTING TO KENNEDY
& GRA FEN REPRESENTING MINNESOTA VALLEY TRANSIT AUTHORITY("MVTA") IN
CONNECTION WITH THE CITY OF SHAKOPEE JOINING THE MVTA
Attachments: Res. No. 7398
RESOLUTION NO. 7398
A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA, CONSENTING
TO KENNEDY& GRAVEN REPRESENTING MINNESOTA VALLEY
TRANSIT AUTHORITY("MVTA") IN CONNECTION WITH THE CITY OF
SHAKOPEE JOINING THE MVTA
WHEREAS, the City of Shakopee is considering whether to become a member of
the MVTA, which is a joint powers entity currently consisting of the Cities of Apple
Valley, Burnsville,Eagan, Savage and Rosemount, and Dakota and Scott Counties; and
WHEREAS, the City's law firm, Kennedy & Graven, also serves as general
counsel for the MVTA; and
WHEREAS, the City will be retaining separate counsel to represent the City in its
negotiations with MVTA; and
WHEREAS, the City has no objection to Kennedy & Graven representing the
MVTA in connection with this matter;
WHEREAS, the City understands that without the consent granted in this
Resolution, MVTA would not be allowed to use Kennedy& Graven as its attorney in this
matter and that the legal advice provided to MVTA by Kennedy & Graven could be
adverse to the City's interests.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SHAKOPEE, MINNESOTA, that the City consents to MVTA being
represented by Kennedy & Graven with respect to all issues relating to the City joining
MVTA as a member.
Passed and duly adopted by the Council of the City of Shakopee this day
of , 2013.
Mayor of the City of Shakopee
ATTEST:
City Clerk