Traverse City commissioners will consider selecting an outside legal firm from among two proposed contracts to represent the city in a lawsuit over Proposal 3 at their 7pm meeting tonight (Monday) at the Governmental Center.

Commissioners voted April 10 to pursue hiring outside counsel to represent the city against developer Tom McIntyre’s lawsuit challenging the legality of Proposal 3, the charter amendment requiring a public vote on buildings over 60 feet tall. Commissioners stipulated outside counsel should preferably not be local and that the firm have expertise in municipal government and zoning laws and be experienced in representing clients in court on both matters.

In a memo to commissioners, City Manager Marty Colburn said staff “contacted several qualified attorneys and firms who meet the criteria specified by the commission.” Of those contacted, two provided proposals to the city, including attorney team Douglas W. Van Essen and Jeffrey V.H. Sluggett of Grand Rapids and attorney team James G. Young and Richard Wilson of northern Michigan (Bellaire/Manistee). Both proposals called for using a “team approach due to the size of their firms, the complexity of the issues and the expertise necessary,” wrote Colburn. “Both proposals offer representation based upon literally decades of experience representing municipalities, including extensive work in land-use regulation, zoning issues and litigation.” Billable rates for public sector litigation for both teams were listed at $250 per hour.

“All of the attorneys who have made proposals are well known and respected,” Colburn wrote. “I can confidently recommend either of these proposals and leave it to the commission to decide. If for any reason the commission is not comfortable with these options, we will adjust our search process accordingly.” If commissioners vote to authorize one of the two contracts tonight, Colburn recommended setting a “reasonable not-to-exceed amount” in the motion so there is “an expectation of costs in advance.”

City commissioners tonight will also:
> Consider amending the city’s implementation policy for Proposal 3 to allow for a preamble to be included with ballot language for projects;
> Approve an updated master sewer agreement with partnering municipalities in the wastewater treatment plant;
> Hear a presentation from city staff on findings from the city’s $2.44 million SAW (stormwater asset and wastewater) grant project.