Jane McWilliams, LWV Observer
All councilors were present.
CITY LEGAL SERVICES
There was a larger than usual crowd in the chamber at this meeting. Many came to speak about the issue which took up most of the evening: authorization to negotiate contracts with the two law firms recommended by a search committee to provide civil and prosecutorial services to the city. The council discussed the matter for over an hour and a half before voting. The result was a split vote with Mayor Mary Rossing and Councilors Betsey Buckheit, Erica Zweifel and Rhonda Pownell voting in favor, Councilors Kris Vohs, Jim Pokorney and Jon Denison voting against the motion. The firm, Flaherty and Hood of St. Paul, will provide civil attorney services, while Campbeill Knutson, located in Eagan, prosecutorial services.
City Administrator Joel Walinski explained that it is “good government” practice to review the contracts with legal services periodically and that this had been done 3 times since 1995. This process did not reflect dissatisfaction with the current services of the Lampe Group. Among the issues for many of the speakers and for three councilors, were loyalty to the Lampe Law Group which had served the city for over 25 years, concern about the practicality of legal services being provided by firms outside the city, and questions about the selection process.
In June, the council authorized and approved the request for proposal and appointed a selection committee which included: Mayor Rossing; Deb Little, City Clerk; Mark Taylor, Police Chief; Brian O’Connell, Community Development Director; Kathleen McBride, Finance Director; and Joel Walinski, City Administrator. The RFP was posted in a number of places, and the city sent out special notices to the 9 law firms doing business in the city at the present time.
The committee developed criteria for reviewing the firms responding to the RFP for civil services. Key criteria were: breadth of municipal legal experience; depth and availability of additional attorneys and professional staff; a history of a wide array of legal services.
The committee reported on their progress in late August, with the council authorizing a Prosecutorial only RFP. (The Lampe Group had stipulated in earlier interview that they would only consider a contract for both services.) Criteria for this position: breadth of municipal experience; depth and availability of attorneys; availability of attorney to make key local contacts; costs and focus of prosecution will be the client’s (the council) and not the attorneys.
The council requested comments on both recommended positions. Current Prosecutor Tim Morisette noted that rather than serving the city council, the prosecutor serves society as a whole, justice. “No other member of the bar has this role.” The other nine speakers raised concerns about hiring someone from out of town, that tax money would not be spent locally, lack of transparency of the process. Present City Civil Attorney, Maren Swanson, spoke favorably about the work of her colleague Tim Morisette.
Hope Center Criminal Justice Coordinator, Deb Lustig, raised concerns about the accessibility of an out of town firm. She asked the council to put themselves in the place of the victims of domestic violence. She stated that the Lampe firm has a reputation for being very sensitive to these clients. Elliott Knetsch, the prosecutorial attorney candidate, explained that he had done work with these sensitive cases for 25 years in 20 communities. “We will reach out” to the victims and “they will know how to get hold of me”.
During the council discussion, Councilor Denison said he wasn’t comfortable with the process which excluded the council and was, as Victor Summa said, lacking in transparency. Councilor Zweifel, on the other hand, said she thought the process reflected ”best practices" and that the people on the committee would have the most direct dealings with the attorneys. Councilor Buckheit agreed, and added that there had been opportunities for the council to weigh in on the process during reports along the way. Councilor Pokorney acknowledged that he had not raised concerns earlier. He added that the council had never evaluated the performance of the present legal staff. Personal relationships were important to Councilor Vohs, who favored retaining a local firm. “We didn’t know how much concern there would be in the community,” Councilor Pownell said. She noted that the response from the Lampe firm made the situation difficult by “stirring up dissention.” She said that while she wished the council could have had more input, the committee had done its homework. Mayor Rossing noted that there is a distinct difference in philosophy, but that it is important for the prosecuting attorney to reflect the philosophy of the city, which the council would direct.
A committee consisting of Mayor Rossing, Councilor Vohs and City Administrator Walinski, will negotiate the contracts with the two firms.
PRESENTATIONS
There were two presentations earlier in the evening. Philip Spensley, chair of the city’s Arts and Culture Commission called attention to the commission’s recent report to the council (available at: http://www.ci.northfield.mn.us/assets/a/ACC-Report-to-Council-0909.pdf ). He highlighted two recommendations. First, the commission would like to be more in an advisory capacity in decisions about land and facilities which impact arts and culture, and on which arts and culture may constructively and beneficially have an impact, for example the library and the safety center. Second, they would like the city consider new capital budgets include 1% for the arts. This would be used to help define Northfield aesthetically. He said the arts are not just an activity, but also a tool which contributes to the quality of life, can promote tourism, foster job creation and preserve the character of the city. Mayor Rossing said she had read the report and that the council would be talking about it as part of the Capital Improvement Planning.
Finance Director Kathleen McBride provided a “Budget Snapshot” of the city general fund. As with other visuals McBride has created, this is a valuable tool for anyone seriously interested in city finances. It is not on the city web site, but I have a pdf version which I can send if requested. (jmcwilli@charter.net)
HRA FUNDING REQUEST
Michelle Merxbauer, Housing Redevelopment Authority Program Administrator, requested approval of an inter-fund loan for the HRA so that it can purchase three foreclosed town homes on Elianna Drive. Money from the capital reserve fund, together with money in the ERA fund, would make it possible to purchase the homes and make them available as rentals. Merxbauer said the HRA is concerned about what happens to families when they lose their homes and find rentals large enough for families unavailable. The properties will be rentals, and there will be a property manager. The goals are to sell them. McBride explained that the capital reserve funds came from the sale of city land for the Crossing development. She noted that the money for this purpose would be tied up for a while but would come back through rent and once the properties are sold. The council approved the request.
The meeting adjourned at 10:15. There was to have been a work session following the meeting, but given the hour, the council agreed to defer discussing the library expansion project at their work session next Monday.
