Agenda - Council - 09/28/2021 - Laserfiche WebLink

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attorneys in her office, and they all do municipal law as well as some litigation for the League of Minnesota Cities. If your firm is not located locally, how do you intend to manage drive time and attending meetings in the city? Ms. Schwarzhoff stated her firm is located in Eden Prairie, and it took her 40 minutes to drive to Ramsey, and drive time would be billed. She added she does not generally go out to cities except for City Council meetings except upon request. She noted she has found that office hours are not cost effective, and with technology there are many other options. Do you feel it is appropriate for city staff to draft legal documents such as ordinances, purchase ggreernents, development agreements? If not, why? If so, what is your role to ensure the city's interests are protected? Ms. Schwarzhoff stated some documents, like resolutions, can be drafted by staff. She added she has template documents for ordinances and contracts that work well in certain situations. She noted she always reviews the agenda packet before going into a City Council meeting, to ensure that all legal documents are acceptable. Describe the most challenging municipal issue you have faced during your legal career? What were the circumstances and what was the outcome? Ms. Schwarzhoff stated she dealt with issues related to the street fee, similar to water or sewer collector fees, which used to help develop the network. She added street fees were overruled by the Supreme Court, which has been a big issue for growing cities. Ms. Schwarzhoff stated another challenging issue has been e-cigarette stores, which have been heavily debated. She added one of her cities prohibited them, but a lease had already been signed for a storefront, and the business owner went out of business and sued the City. She noted she cannot stop the City from getting sued, but she can make the City Council fully aware of the risks. Ms. Schwarzhoff stated the solution was to work with the City Council to apprise them of all risks and conditions, and then build a defense if the City gets sued. 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. Ms. Schwarzhoff stated her firm did not list a retainer, but they are open to it. She added bills are very standard after a few months and are fairly detailed. She added attorneys often ask for a retainer if they believe a client is not going to pay. 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? City Council Special Work Session / August 23, 2021 Page 15 of 22