City of Madison - File #: 52046

• File #: 52046
• Version: 1
• Name: Special Counsel for Beitler Real Estate v. City of Madison Lawsuit
• Type: Resolution
• Status: Passed
• File created: 6/11/2018
• In control: COMMON COUNCIL
• On agenda: 6/19/2018
• Final action: 6/19/2018
• Enactment date: 6/25/2018
• Enactment #: RES-18-00438
• Title: Authorizing non-competitive selection of special outside counsel to assist the Office of the City Attorney in representing the City’s interests in Beitler Real Estate Services, LLC v. City of Madison, Wisconsin, Case No. 1:18-cv-03895 filed in federal district court in the Northern District of Illinois.
• Sponsors: Paul R. Soglin

Date	Ver.	Action By	Action	Result
6/19/2018	1	COMMON COUNCIL	Adopt Under Suspension of Rules 2.04, 2.05, 2.24, and 2.25	Pass
6/11/2018	1	Attorney's Office	RECOMMEND TO COUNCIL TO ADOPT UNDER SUSPENSION OF RULES 2.04, 2.05, 2.24, & 2.25 - MISC. ITEMS

Fiscal Note
This resolution authorizes $50,000 for a special outside legal counsel to represent the City's interest in a lawsuit related to the Judge Doyle development project. The $50,000 will be authorized from existing funds appropriated for the Judge Doyle Public Parking Structure Project. A total of $50.4 million has been appropriated from Parking Utility Reserves ($23.4 million), TID 25 incremental revenues ($24 million), City general obligation borrowing ($2.3 million), and remaining Federal TIGER grant funds ($0.7 million). Under Section 4.27, Madison General Ordinances, contracts for outside legal services do not require a competitive selection.

Title
Authorizing non-competitive selection of special outside counsel to assist the Office of the City Attorney in representing the City’s interests in Beitler Real Estate Services, LLC v. City of Madison, Wisconsin, Case No. 1:18-cv-03895 filed in federal district court in the Northern District of Illinois.
Body
WHEREAS, Beitler Real Estate Services, LLC (“Beitler”) filed a complaint against the City of Madison over the private/public development partnership known as “Block 88” or “Judge Doyle Square”; and

WHEREAS, in the complaint, Beitler is seeking, among other relief, an injunction to prevent the City from taking any further action to construct above-grade on Block 88 including developing and constructing the Podium; and

WHEREAS, injunctions typically require a quick response time to the Court; and

WHEREAS, construction disputes involve specialized knowledge and expertise requiring the City to retain outside experts; and

WHEREAS, Attorney H. Dale Peterson and Stroud, Willink & Howard, LLC have the required specialized knowledge and expertise on these specific types of issues having represented numerous parties in construction matters and litigation, including representing Findorff in its dispute over the Edgewater Hotel construction; and

WHEREAS, under sec. 4.26(4)(a)3. MGO, the City may ...