Minutes - Council Work Session - 08/23/2021 - Special

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Directors and Planning Directors who will take a first crack at a development agreement. He noted it is important to have a City Attorney’s eyes on it eventually, but he would never discourage a City from drafting ordinances and agreements. Describe the most challenging municipal issue you have faced during your legal career? What were the circumstances and what was the outcome? Mr. Anderson stated he dealt with a personnel issue involving open meeting law that got very contentious and lasted over 4 months. He added most people can work through differences, or agree to disagree. He noted his role as City Attorney was to ensure that the City did not do anything to get itself into trouble, and the outcome was okay in this case. If you did not list a monthly retainer as an option, please indicate why not, and whether your firm is open to such an agreement. Mr. Anderson stated he did not list a monthly retainer, although his firm does have some retainers with clients, and he is open to discussing it. He added it is difficult with new clients to come up with a retainer number until it is determined how much work there will be. He noted he would request that the City have a review after 6 months or a year for potential adjustment, to ensure that the hours match the retainer. Please describe all factors that you would consider in regard to advising the city on how to respond to a Governor’s Executive Order. What options are available to a City Council if they disagree with a Governor’s Executive Order? Mr. Anderson stated many cities were navigating new situations during the pandemic with regard to executive orders. He added it is important for cities to consider the legal authority of the governor to enact the order and its underlying purpose, if they intend to disregard or not enforce the order at City Hall. He noted Governor’s Orders are meant to regulate all cities, and it comes down to what is practical and enforceable. The City of Minneapolis has chosen not to enforce certain laws such as marijuana laws and immigration laws, and recently schools in Texas have countermanded Executive Orders related to school safety. How do these examples reinforce or contradict your stance on the last question related to Executive Orders? Mr. Anderson stated a number of factors go into making these kinds of decisions. He added Minnesota cities can make legislative and policy decisions that are afforded immunity from liability. He noted every situation is different, and there may be reasons for not enforcing a rule or taking a different policy approach. Under Minnesota Statute (216B.36), cities can impose a fee on utility companies that use the public rights-of-way to deliver service. What advice or caution would you give the city in regard to the use of franchise fees? City Council Special Work Session / August 23, 2021 Page 13 of 22