HomeMy WebLinkAbout3. Legal Firm Interviews CITY OF ROSEM4 R AC'I'I�N
y FO
� EXECUTIVE SLm�IM�
1ULY 13, 1994
Y COUNC� MEETING DATE� ENDA SEC'TIUN'
CIT AG
�.�Ey INTER�WS �W BUSINESS
AGENDA ITEM� CITY ATT
AGENDA N�.
THONi�,g D. BURT�
PREPARED BY: MI�STg?,TOR D gy;
CITY AD APPROVE
UESTIONS,
C�INIENTS: SCHEDULEoQ
ATTA EV�.,UATI
llowing schedule has been established
for interviews, questions and evaluat�on.
The fo
5;30 Holmes and GraveHau e, Eide, Anderson and Keller
6:05 Grannis, Grannis, g
•40 Severson, wilcox & Sheldon
6, & Lindgren
7:15 Larkin� Hoffman, &Miles
7:50
Fluegel, Moy�ha
8:25 Briggs and Morgan ro osal and
rating sheets to be used fo ea amo g �e Council
ro osal as v�'ell as be dlvld informa� or
ies of the p P which may
Enclosed are cop �,ed questions are enclosed, the formal quest�°ns for any
intervieW• A set of prep
' tervie�'�'S• There will be ti e fi�°�"�ing
prior to the in ou may have for th �ence and ability,
follow-up questions y ands upon their expe
ed to make a presentation daser�Ce �osts.
Each firm has been ask a��lability of key staff a ortu�ty to
ability to communicate, • ated that the Council will h�he a�pret�ned as City
it is ant��lp 19� 1994 City
reliminary conclusion concernin
At the conclusion of the land�ome�to a P • elf will be place on the July
discuss the presentat�ons Attorney. The action lts
Attorney and Prosecuting
Council agenda for ratification.
ht to luly 19,
1994 City Council mee�ng`
ON: None• To be broug
gECOP��ED AC'1'I
COUNC� AC'I'ION:
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VL4 FACSINIYT_.E
NXz�. '1'hvmas Burt '
City Administrator
City o�Rosemount
2$75 145th �treet West
Rasemount, YVIN 55[?�68
�e: V'Vithdrawal of Request to Serve as Gity Attorney
I7eax 'Y'om;
As you may be aware, Briggs and Morgan has z-epresented C1V,[C, a large
propert� owner in t�.e City of Rasemount, for se�rera� years. After several
canf�rences among the Briggs ��nd Margan attorneys that represent CMC, and
attarneys in our municipa� practice area, we have relucta�xtly determined that it is
xn the best interest of all partxes to withdraw our response to th� G�ty's request
for proposa�� for city attoz��.ey. We believe that, as a result of our past and
pres�nt representation crf CMC, the possibility af the appear�nc� of a coz��lict of
interest, if�ot an actual conflict? ma�r exist in future �atters if Briggs and Morgan
wer� selected to s�ive as cxty attorney.
Briggs an,d 1Vlorgan has served as bond counsel for the City of Rasemoum
for over twenty years. As a result of that relationship, we have advised CMC
that, without the cansent of the �ity, we would not r�present them in matte�rs
where our r�presentativn a� the �ity, as bo�td. counsel, would result in, c�z giv� the
appearance of, a canflict af interest, x.e, in �tax increm.ent rnatters. X personally
have enjoyed working with the C�ty staff on severai r�cent intexesting and
challenging bvnd �nar�ced prajects in the Ias� seve:�al years and � loQk farward to
�ontinuing that rel�tionsh�p.
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��itICrCsS r,z�t'r� MO�tGAN
MS. �l'f,OlI1�S Bi11Y"t
Ju�ly 12, 1994
Page Two
If you ha�re any questions, please do not hesitate to give me a call.
�Very truly y�urs,
Mary . Dyrseth
MMI1:�nnw
cc: Michael J. Galvin
Jahn A. Cairns
Neal T. �uethe
Thomas L, Bray
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,.
PROPOSAL/PRESENTATION RATING WORKSI3EET
CITY ATTORNEY LEGAL SERVICES
JUI,Y 13, 1994
Fum:
Points Points
Possible Awarded
1. Relationship of experience to the scope of work. 30
Assess the firm's ability to perform the work based
upon nature and depth of previous municipai
experience.
Comments:
. 2. Qualifications and involvement of key 20
personnel. Ra�e the firm on the incorporation of
key players including lead attorneys and support
personnel with quality experience in tlus area.
Comments:
3. Apparent value of service for the cost proposed. 10
Does the firm offer acceptable service at the cost
defined? If not the lowest cost bidder, does the
fum offer sufficient value above and beyond its
competitors to justify the additional expense?
Comments:
F" • . � . . . � � . � . .
4. Quality of presentation content. Rate the oral 10
approach of the firm with a focus on substantive
content.
Comments:
5. Responsiveness of the presenter(s) to the Ciry 10
Councils questions. Assess understanding
composure and completeness.
Comments:
6. Ability to work with staff and Council. Assess 20
the fum's abiliry to communicate and work with
key decision makers for the City.
TOTAL 100
Other
Comments:
TO: Mayor McMenomy
Councilwoman Anderson
Councilwoman Busho
Councilman Staats
Councilman Wippermann
City Administrator Burt
FROM: Undersigned
DATE: July 13, 1994
SUB: City Attorney Contract
We wish to show our support for Shawn Moynihan, candidate for the
position of attorney for the Rosemount Police Department.
We appreciate Shawn's availability for legal advice on delicate
issues and knowing that he will be there to back us. Shawn takes
the Officers wishes into consideration for upcoming court cases
and keeps us fully informed as to plea bargain negotiations.
When he deviates from the Officers request we receive a detailed
explanation as to why.
Shawn also helped us set up the Rosemount Police Vest Fund which
has enabled us to purchase much needed equipment.
Shawn, a Rosemount High School graduate, farms part of the family
property on Rich Valley Boulevard in Rosemount in his spare time.
This local familiarity has helped in more than one incident.
Sase� �n the a��ve �easo��, w� would lik� c� k��p S�iaw� Me�niha�
as our City Attorney.
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NOTE: Support staff only asked to read and sign this letter if they so c�esired. Chief,
Lieutenant and two Sergeants were not asked to do so.
CITY OF ROSEMOUNT
EXECUTIVE SUNIlI�IARY FOR ACTION
CITY COUNCIL MEETING DATE: JULY 13, 1994
AGENDA ITEM: CITY ATTORNEY INTERVIEWS AGENDA SECTION:
NEW BUSINESS
PREPARED BY: THOMAS D. BURT, AGENDA NO.
CITY ADMIl�TISTRATOR
ATTAC�IlV�NTS: SCHEDULE, QUESTIONS, APPROVED BY:
EVALUATION
The following schedule has been established for interviews, questions and evaluation.
5:30 Holmes and Graven
6:05 Grannis, Grannis, Hauge, Eide, Anderson and Keller
6:40 Severson, Wilcox & Sheldon
7:15 Larkin, Hoffman, Daly & Lindgren
7:50 Fluegel, Moynihan & Miles
8:25 Briggs and Morgan
Enclosed are copies of the proposal as well as rating sheets to be used for the proposal and
interview. A set qf prepared questions are enclosed, which may be divided among the Council
prior to the interviews. There will be tirne following the formal questions for any informal or I
follow-up questions you may have for the firms. .
Each firm has been asked to make a presentation that expands upon their experience and ability,
ability to communicate, availability of key staff and service costs.
At the conclusion of the interviews, it is anticipated that the Council will have an opportunity to
discuss the presentations and come to a preliminary conclusion concerning the firm retained as City
Attorney and Prosecuting Attorney. The action itself will be place on the July 19, 1994 City
Council agenda for ratification.
RECOMIV�NDED ACTION: None. To be brought to July 19, 1994 City Council meeting.
COUNCIL ACTION:
.
4. Quality of presentation content. Rate the oral 10
approach of the fum with a focus on substantive
content.
Comments:
5. Responsiveness of the presenter(s) to the City 10
Councils questions. Assess understanding
composure and completeness.
Comments:
6. Ability to work with staff and Council. Assess 20
the firm's ability to communicate and work with
key decision makers for the City.
TOTAL 100
Other �
Comments:
s
�
�
HOLMES & GRAVEN
CHARTERED
•
•
PROPOSAL FOR CITY ATTORNEY GENERAL LEGAL SERVICES
CITY OF ROSEMOUNT
•
� Contact Person: Robert C. Long
June 17, 1994 �
• .
4
470 Pillsbury Center, Minneapolis, Minnesota 55402 Telephone (612) 337-930(}
•
�
TABLE OF CONTENTS
Pa�e
A. FIRM BACKGROUND AND EXPERIENCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
1. Name of the firm . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
� 2. The address of the firm . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
3. History and backgmund of the firm . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
4. Specific qualifications of the firm to perform municipal legal services . . . . . . . . . . . . . . . . . . . 2
a. General municipal legal experience . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
b. Complex municipal litigation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
c. Specialty areas of municipal practice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
d. Municipal finance and bond counsel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
• 5. Contract manager and administrator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
6. Number of attorneys . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
7. Number of paralega.ls . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
8. Number of support staff. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
9. Organization chart . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
10. Office Locazions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $
� B. SPECIFIC RESPON5E5 TO REQLTEST FOR PROPOSALS . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
1. Responses to items a.-1. . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
a. Areas of expertise . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
b. General qualifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
c. Scope of work abilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
d.-f. Attomeys, paralegals and support.personnel experience, qualifications and availability . . . . . 9
� (1) Relevant academic training and degrees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
(2) Prior municipal experience and estimate of percentage of municipal work . . . . . . . . . . . . . . 9
(3} Current principal responsibiliries for lead attomey . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
(4) Proposed allocarion of work between lead attorneys and junior pariners,
associates or paralegals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
g. List of municipal references . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
(1) Municipal client references 11
� {2) Listing of previous/current experience and municipality reference . . . . . . . . . . . . . . . . . . . 11
h. Listing of previoustcurrent activiries performed for the City of Rosemount . . . . . . . . . . . . . . . . 12
i. Conflict of interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
j. Library, research and production capabilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
k. Description of fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
(1) Number, riames and billing fee of attomeys . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
, (a) Hourly rate for City and Port Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
(b) Retainer rate for City and Port Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
(2) Number, names and billing fee of paralegals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
(3) Number of supporting personnel and billing fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
(4) Billing increment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
(5} Other costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
(6) Rate for City Council attendance . 14
� ('n Monthly billing statement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
1. Financial report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
2. Scopeof work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
a. Legalaction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
b. Advisor to City Council, Committees and staff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
c. Improvement projects . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
d. Miscellaneous legal issues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
!
C. DISCLOSURES AND ASSURANCES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
• �l�
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APPENDIX 1 -- Individual Resumes
APPENDIX 2 -- List of Municipal and Govemment Agency Clients Represented by
Holmes & Graven from 1990 - 1994
APPENDIX 3 -- Previous/Current Activities Performed for the City of Rosemount
APPENDIX 4 -- List of Municipalities for which Holmes & Graven Served as
* Bond Counsel
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� (ii)
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A. FIRM BACKGROUND AND EXPERIENCE
L Name of the firm:
The name of the firm is Holmes & Graven, Chartered.
�
2. The address of the futin is: Holmes & Graven, Chartered
470 Pillsbury Center
Minneapolis, MN 55402
The firm's telephone number for the switchboard is (612) 337-9300. In addition, each attorney has a direct -
� dial number. Our fax number is 337-9310. Tn the event that line is busy, the call will automatically roll
over to our second fax machine.
The St. Paul office address is: 1616 Pioneer Building
336 North Robert Street
St. Paul, MN 55101
� Robert Long currently occupies this office on a part-day basis. The telephone number for the St.Paul office
is (612) 225-493$. Ca11s are automaticaliy transferred to the main switchboard in Minneapolis if there is
no response on the third ring,
3. History and background of the fum:
Holmes&Graven was formed in 1973 as a professional legal corporation and has continued doing business
� under such name for 21 years. On November 1, 1989 the municipal law and public finance departments of
LeFevere, Lefler, Kennedy, O'Brien & Drawz merged into the firm bringing with them over 50 years of
experience in the area of municipal law. The firm specializes in municipal law, public finance, litigation,
condemnation law, employment law, environmental law, securiries, and legislative lobbying. Holmes &
Graven's experienced staff of attomeys and other professionals takes pride in the firm's broad understanding
of the legal, economic, and political environment facing municipalities and other public sector agencies in
+! Minnesota.
From its very beguuung, the firm has been extensively involved in the representation of municipaliries and
public sector clients. The firm represents the following govemmental units as general counsel:
City of Brooklyn Center City of Robbinsdale
City of Crystal City of Sandstone
� City of Independence Lake Minnetonka Conservation District
City of Lauderdale White Beax Lake Conservation District
City of Loretto Local Govemment Information Service (LOGIS)
Ciry of Medina Hennepin Recycling Group (HRG)
City of Mounds View Suburban Rate Authority (SRA)
City of New Brighton Minneapolis Public Housing Authority
# City of Richf'ield
We also serve as general counsel to numerous Economic Development Authorities and Redevelopment
Authorities:
Bmoklyn Center Richfield
Bumsville Robbinsdale
Chanhassen Saint Cloud
r Columbia Heights Scott County
Crystal Stearns County
Dakota County Washington County
RCL71118
� HL410-9 1
�
We also serve as special counsel on an on-going basis to approximately 30 governmental entities,including
Bloomington, Brainerd, Burnsville, Duluth, Minneapolis, and the Reti Wing Port Authority.
The firm's attomeys have tried several hundred cases to conclusion, including at least 50 jury trials.
*
4. Specific qualifications of the firm to perform municipal legal services:
Holmes & Graven has extensive experience and expertise in providing municipal legal services in a wide
variety of azeas. This experience and expertise has been developed over many years representing
municipalides and other government agencies. Our specif'ic qualificadons and experience to perform
municipal legal services include:
�
a. General municipal legal experience:
Zonin� Laws: As part of its general municipal representation our firm is involved on a regular basis
with the drafting, interpretation and application of zoning regulatians. Attomeys with the finn have
drafted literally thousands of zoning ordinance amendments pertaining to such things as shoreland
� regulations, development moratoriums and regulation of group homes. We have codified the zoning
ordinances for numemus municipalities.
Land Develovment Issues: An essential element of municipal legal representation is advising clients
conceming a host of platting, land use,comprehensive plan and subdivision issues which ciries face on
a daily basis. Attorneys in our firm have extensive and long-term experience in such matters. Jim
Thomson is a frequent lecturer on land use issues and has handled many significant land use cases at
� the trial and appellate levels. Two of aur attomeys,Ron Batty and Steve Bubul,hold masters degrees
in urban planning. Mr. Batty has worked as a city planner for the City of New York, Boraugh of
Queens and was the Zoning Administrator for the City of Minnetonka from i980 to 1984. Steve
Bubul worked as a land use planner from 1978 to 1984 for the Dane County (Wisconsin) Regional
Planning Commission.
� Condemnation Laws: Holmes & Graven has handled both routine and complex condemnation
proceedings since the firm was established. Those matters are principally handled by Robert J. Lindall,
John M. LeFevre, Mary Dobbins, and Corrine Heine.
Mr. Lindall has been involved in over 300 condemnation proceedings, many of which have involved
commercial or industrial properties. He is co-author with John LeFevre and Mary Dobbins of the book,
Minnesota Condernnarian Law and Practice. He is co-author with Mary Dobbins and Douglas Peterson
� of two articles in the Minnesota Real Estate Law Journal entitled Minnesota's Doctrines of Public
Pumose and Sunerior Public Pumose in Eminent Domain(Vol. 1,No. 13)and The Ori�ins of Eminent
Domain(Vol. 1, No. 12). He was chairman of the Hennepin County Bar Eminent Domain Committee
in 1981-1982 and 1982-1983. John M. LeFevre authored Some Ethical Issues in the Eminent Domain
Area (Hennepin Lawyer, 1983).
« Corrine Heine represents the Ciry of Minneapolis on behalf of the Bassett Creek Flood Control
Commission in the acquisition of rights-of-way for the$17 million Bassett Creek F1ood Control Project.
She has also handled condemnation pmceedings for the Cities of Brooklyn Center, New Brighton, and
Plymouth.
MSA 429 Proiects: As city attorneys we assist the ciry staff throughout the special assessment process
to ensure compliance with statutory procedures. We consult with staff in the preparation of assessment
rolls, acquiring property when needed and the handling of assessment appeals. Charlie LeFevere has
� been a frequent lecturer at continuing legal educarion courses on this subject, has extensive experience
in reviewing improvement proceedings in cities throughout Minnesota, and has represented a number
of cities in special assessment appeals.
RCL71118
� HL410-4 2
�
Emnlovment Law: Holmes & Graven has been actively involved in the employment and personnel
area. Several of its attorneys have represented and advised governmental and private clients in this
area. This experience includes the following types of representation: discipline/discharge cases; race,
sex, disability and age discrimination cases; sexual harassment cases; Veterans' Preference Act cases;
reviews of personnel policies/handbooks,employment contracts,aff'irmative action plans;advice on pay
A equity/comparable worth plans; labor-management contract� and the Minnesota, Govemment Data
Practices Act.
Holmes & Graven has primarily represented defendants in employment matters, and in particular,
govemment agencies. Its attomeys have defended these cases in federal and state courts, azbitrations,
the Minnesota Human Rights Department, the federal EEOC, The Minneapolis Commission on Civil
Rights, before the Commissioner of Veterans Affairs, and in informal negotiations. John LeFevre and
* Mary Dobbins are the primary attomeys practicing in the employment area.
Public Contractin� Laws: The attomeys in our firm regularly advise our mumcipal clients on public
contracring matters,including reviewing contract documents and answering bidding questions. In most
cases, we are able to avoid lirigation by providing prevendve advice. Our firm has a very high success
rate in defending the few cases where contracts have been challenged. We have participated in
� appellate cases that have established contracting principles favorable to Minnesota cities.
Environmental and Sunerfund Law: Holmes & Graven has extensive experience in the practice of
environmental law through the representation of both public and private clients. Bob Lindall, who
practices extensively in environmentallaw,was formerly the Special Assistant Atxorney General for the
Minnesota Pollution Control Agency. Our experience includes:
� The firm has represented several clients regarding the hazardous waste siting procedures under the
direction of the Minnesota Waste Management Board. In addition, we have advised numerous public
clients regarding envimnmental laws, including the Minnesota Environmental Rights Act(Superfund).
The firm has served as general counsel to the Metropolitan Waste Control Commission. This has
involved work regarding sewage treaiment and disposal and the Clean Water Act and its application
� to local government units. In this connecdon, we have developed and instituted the industrial strength
charge system in the metropolitan area (both model ordinances and joint power agreements), the
industrial cost recovery system, and the waste dischazge rules for the metropolitan disposal system. In
addition,we have represented the Commission in matters relating to discharge permits,on-land disposal
of waste, and litigation regarding municipal user and conne�tion charges.
The firm has represented the Minneapolis Community Development Agency (MCDA} in several
� environmental matters. In particular, the firm represented the MCDA in lengthy lidgation regarding
the adequacy of the Environmental Impact Statement on the Cedar-Riverside New Communities
redevelopment project. We have also represented the agency and other public clients in reviewing the
adequacy of various environmental documents.
Mr. Lindall represented the MCDA and the City of Minneapolis in negotiations with the MPCA and
FMC Corporation which resulted in MCDA remediation of a contaminated site and construction by
� FMC of a multi-million dollar research facility with over 1,000 jobs on the site. He then bmught legal
action against the previous owner and recovered over$L 1 millian in response costs incurred by MCDA
in cleanup of the site and related matters.
Mr. Lindall and Mr. Gary Winter both have represented clients accused of being respansible persons
for cleanup of Superfund designated sites by the United 5tates Envimnmental Protection Agency. They
currently represent the cities of Anoka, Circle Pines and New Brighton in such negotiations relating to
� the Oak Grove Landfill in Anoka County.
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Mr. Lindall regularly advises public bodies about the acquisition of contaminated real estate. He has
lectured regularly on this issue and has lobbied in the Minnesota Legislature on this and many other
issues.
From tune to time, the firm has rendered advice to various public clients regarding the environmental
w consequences of development proposals. In addition, we have had extensive experience regarding the
issues of historic preservation, environmental impact statements and envimnmental worksheets.
b. Complex municipal litigatwn:
Since its inception, Holmes &Graven has engaged in a substantial and varied litigation pracdce. Jim
� Thomson and Charlie LeFevere are attorneys for the League of Minr�sota Cities Insurance Trust,which
insures over 9(}%of the municipalities in Minnesota. In addition to our eminent domain practice,other
areas of our litigation practice include:
Land Use: Attomeys at Holmes &Graven have litigated numerous cases involving land use decisions
of municipalities including challenges to zoning,conditional use pernuts,and variances. A number of
attomeys in the firm including Jim Thomson, John Dean, Charlie LeFevere and Corrine Heine have
� handled land use lirigatian cases at the trial and appellate court levels involving issues such as land
dedications, platting, access rights, regulation of group homes, and height restrictions.
Rea1 Estate: Holmes & Graven has litigated cases involving real estate ritle disputes, mortgage
foreclosure, enforcement of purchase agreements, and cases involving claims of fraud and
misrepresentation.
� Other Liti�ation Relatin�to Municinal Decisions and Governmental Authoritv: Holmes &Graven has
lidgated, on behalf of various units of govemment, disputes over the adequacy of provision of
municipal services, housing assistance, relocation benefits, Section 19$3 claims, claims against
municipalities and other govemment agencies involving anti-trust liability, claims of environmental
damage, claims disputing the adequacy of environmental review processes, and special assessments.
� Comnlex lid�ation: Holmes & Graven possesses the capacity to provide litigation services to its
municipal clients in unusual and complex matters. Examples include:
- Mall of America Proiect: Attorneys with the firm handled much of the litigation arising out of the
Mall of America project The cases involved a variety of issues ranging from property acquisition
to bond refinancing.
f - Calhoun Beach Liti�arion; Jim Thomson represented the City of Minneapolis in a lawsuit arising
out of the proposed consriuction of a highrise condominium project on Lake Calhoun. The lawsuit
involved numerous parties and counterclaims. Mr. Thomson has also represented the Ciry of
Bloomington in a similar matter.
- Citv of Minneanolis Warehouse District: Jim Thomson and Corrine Heine represented the City
� of Minneapolis in several lawsuits pertaining to the Minneapolis Warehouse District. The lawsuits
involved complex real estate matters pertaining to the Minnesota Marketable Title Act, access
rights, and alleged abandonment of rights-of-way.
- Cedar-Riverside Environmental Defense Fund v. Hills: Holmes & Graven represented the
Minneapolis Housing and Redevelopment Authority in this challenge by a neighborhood group to
the adequacy of the Environmental Impact Statement {EIS) drafted by HUD to assess the
implications of the pmposed "new town in town" for the Cedar-Riverside area. This case was
�' substantial and complex, involving a trial at the district court level and an appeal to the Eighth
Circuit Court of Appeals.
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�
- Onen Meetin� Law Cases: Jim Thamson represented the City of Hibbing in a recent case
involving a lack of application of the Open Meeting Law.
- Cedar-Riverside Associates v. United States of America: Holmes & Graven represented the
MHRA in this case involving numerous claims by a developer against federal and local agencies.
� The claims included breach of contract, mismanagement of govemmental assistance programs,
Section 1983 claims and and-trust claims. This case involved over 50 depositions, numerous
morions to the district court, appointment of a receiver, and several appeals to the Eighth Circuit
Court of Appeals.
- Council of Lar�e Public Housin� A�encies (CLPHA) v. HUD: Holmes & Graven acts as local
! counsel for MCDA in this lawsuit commenced by CLPHA and several local housing authorities
against HUD in a challenge to HUD's attempt to recapture certain subsidies to the local housing
authorities.
- Hovt Construction v. MHRA: Holmes & Graven successfully defended this lawsuit brought by
a local contractor against MHRA on gmunds that MHRA had arbitrarily and discriminatorily
awarded contracts and enforced contract specifications.
�
The litigation experience of Holmes & Graven, only a sma11 portion of which is described above, has
given the firm and its litigation depariment uniquely bmad experience and expertise in virlually all areas
of lirigation in which a public entity could become involved.
c. Specialty areas of municipal practice:
! Joint Powers: The firm has extensive experience in the laws affecting joint powers organizations. We
have prepared numerous joint powers contracts for gmups of municipalities for various purposes. We
currently serve as general counsel to several joint powers entities, such as the Hennepin Recycling
Group, the Local Govemment Informa6on Service (LOGIS), the Suburban Rate Authority and the
Minnesota Police Recruitment System (MPRS}.
� Le�islative: Holmes & Graven has for many years been ac6ve in legislative matters on behalf of our
clients. Our firm was primarily responsible for drafting the Uniforrn Taa�Increment Act,the Municipal
Housing Finance Act, the commercial rehabilitation law, and the 1982 interest reduction legisiation.
We have drafted and lol�ied many amendments to Chapter 462, the Industrial Development Revenue
Bond Act,the Municipal Housing Finance Act,tax increment laws,and various other statutes on behalf
of the National Association of Housing and Redevelopment Officials as well as individual clients.This
includes, for example, legislation to equalize tax disparities between border cities enacted during the
! 1983 session on behalf of Moorhead, Minnesota and the 1984 industrial development bond allocation
legislation.
The firm has also been involved in federal legislation. Through the offices of former Congressman
Frenzel and Congressman Sabo and Senator Durenberger, we have drafted and consulted with respect
to much housing and development legislation, including the 1980 Ullman legislation, the housing
� provision of the Tax Equity and Fiscal Responsibility Act of 1982 and the Tax Reform Act of 19$4.
Dave Kennedy served as the legislative representative far the League of Minnesota Cities from 1960
to 1967 and was a member of the Senate Counsel staff from 1969 to 1971. The firm has also
represented the League of Minnesota Cities with respect to certain tax exempt financing provisions of
the T�Reform Act of 1986. Attorneys with the firm have been active in the review and mod�cation
of proposed legisladon to modify the land use provisions of Minnesota Statutes, Chapter 462.
i Real Estate: Much of the firm's acdvities involve in one way or another issues pertaining to land and
its ownership. In addition to our condemnation and general real estate litigation activides, we handle
countless real estate transactions for the clients of the firm. Tn that connection we have gained
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•
extensive experience in issues affecting title and have handled many proceedings necessary to establish
and to clear title to land.
Larry Wertheim is an adjunct professor of real esiate at William Mitchell College of Law. Mr.
Wertheim and Mr. Lindall have been certified by the Minnesota Bar Association as Real Properry Law
t Specialists.
Public Housin�: Holmes & Graven has extensive experience in representing and advising various
housing and redevelopment authorities throughout the state in connection with their operation of public
housing and other federally-assisted housing programs. Among the public housing authorities to which
Holmes & Graven has provided such services are the Minneapolis Community Development Agency
and its predecessor,the Minneapolis Housing and Redevelopment Authority.In the course of providing
� such representation the firm has had the opportunity to research such areas as sufficiency of admission
procedures and criteria for public housing tenants, including handicapped and disabled persons, "good
cause" requirements for evictions of public housing tenants, and due process hearing requirements for
denial of admissions to public housing and evictions from public housing. 1'he firm's involvement has
not been limited to the federal public housing program, but has included the giving of advice to, and
regresernation of, public housing agencies concerning the development and operation of the federal
� Section 8 existing housing program.
In addidon to giving general legal advice and assistance conceming the public housing and Section 8
housing programs,the firm has also represented numerous public housing agencies in lirigation arising
out of their operation of public housing and Section 8 housing programs.
Ordinance Codification: We have codified the city codes for the Cities of Crystal,Inver Grove Heights,
� West St.Paul,Brainerd,Plymouth,Richfield,Hopkins,Independence,Richmond,LMCD,Robbinsdale,
South St. Paul, and Melrose.
Charter Cammissions: We presently serve as attarneys to the Charter Commissions in Crystal,
Brooklyn Center, Plymouth, Albert Lea, Moorhead, and Lino Lakes.
` d Municipal finance and bond counsel:
Holmes & Graven has a broad base of experience in connection with the issuance and sale of public
del�, whether at the local, regional or state level. We have acted as bond counsel, underwriter's
counsel, company counsel and issuer's counsel in issues of general obligation bonds, tax increment
revenue bonds, industrial development bonds and single family and multifamily housing bonds. We
played a central mle in the drafting of Minnesota's tax increment, industrial development bond and
� housing bond legislation. The addition of the public fimance department of LeFevere, Lefler, et al to
Holmes & Graven in 1989 has strengthened our capaciry in this regard.
The firm has served as bond counsel for over 1,000 municipal bond issues in the states of Minnesota,
Wisconsin, North Dakota, South Dakota, Arizona, Georgia, Illinois and Califomia, and is nationally
recognized as an expert in all types of municipal financings. The types of bonds for which we have
+ acted as bond counsel include essential function bonds, industrial development bonds, multifamily
housing bonds, airport bonds, bonds for facilities for the furnishing of sewage facilities, facilities for
furnishing water, electric energy, gas or heating and cooling, single family mortgage bonds,
redevelopment bonds, and 501(c)(3) bonds. As bond counsel, we have structured bond issues secured
by a broad range of types of credit, including the full faith and credit of the municipal issuer, tax
revenues,t�increment revenues,the credit of the non-public borrower or guarantor,direct and standby
letters of credit, insurance policies, federal insurance programs and common bond fund pools.
� The majoriry of the municipal financing with which we have been involved have utilized tax-exempt
financing,but we have also participated in taacable municipal financings. In addition to numerous cities,
counties and redevelopm�nt authorities in the State of Minnesota, we serve as bond counsel to the
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� Dakota County Housing and Redevelopment Authority, the Washington County Housing and
Redevelopment Authority, the Job Opportunity Bond Prograrn of the Redevelopment Authority of the
City of Milwaukee, the City of Duluth, Minnesota and the Minneapolis/Saint Paul Housing Finance
Board. See Appendix 7 for listing of bond issues from 1990 through 1993 for which Holmes&Graven
served as bond counsel.
r 5. Contract manager and administrator:
Mr. James Lemley, the firm's Director of Administradon, was employed by The Minneapolis Housing and
Redevelopment Authoriry for twenty-two years, the last two as its Executive Director. Mr. Lemley also
consults with the finn's housing and redevelopment authority clients on specialized management matters and
works very closely with client staff in the administration of legal services contracts, assignment of staff,and
* budget control.
6. Number of attorneys.
The firm has 22 lawyers comprising four depariments: Municipal Law, Public Finance, Litigation, and
Corporate/Securities. The heads of those departments are Dave Kennedy, Jim Holmes, John LeFevre, and
John Larson, respectively.
�
7. Number of paraZegals:
Our firm has six individuals who are classified as paralegals. Three of the paralegals aze primarily'involved
in litigation activities and one each is involved primarily in real estate, municipal, and public finance.
8. Number of support staff
�
Our finn's suppo�t staff totals 24 persons, 22 of whom are involved in either administrative, accounting, or
secretarial wo�ic. We also have two law clerks.
9. Or unization cha►'t: soaao oF
g �OIRECTORS �
!
DIRECTOR EXECU7'IVE COMMITTEE
` OF
ADMINISTRATION �
I �
� ATfORNEYS
I ! �
� ! !
I � �
! U1W ClERKB PARAIEGAl.8
1
�
I
� 1 I ! I �
BOOKKEEPING FACIUTIES MGMT 3ECRETARIAL �I RECOROS MANAGEMENT RECEPTiONIST
�
Holmes &Graven is a professional corporation. James S. Holmes, John R. Larson, and David J.Kennedy
are the principals of the firm. The principals are permanent members of the firm's Executive Committee
which also consists of two other members from the firm's board of directors. The director of administration
� is responsible for the implementation of the directives from the execudve committee and board of directArs
and for overseeing the personnel issues relating to the professional and nonprofessional staff. Secretaries
are assigned to designated attorneys. Law clerks and paralegals are available to all attomeys on an as-
needed basis.
The attomey staff is divided into four departments. The three departments that would be involved in
pmviding legal services to the City of Rosemount would be the municipal depariment, public finance
department, and the litigation department. A total of 19 lawyers in the firm work in those deparlments.
�
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�
�
The actual flow of work for our municipal clients varies from city to city. In some cases the City Manager,
Administrator, or Clerk-Treasurer works directly with the city attorney and the flow of work is channeled
primarily through those two. In most cases, however, city staff inembers (particularly department heads)
and occasionally city council members will communicate directly with the city attorney. Over time city staff
members tend to develop relationships with other attomeys in our firm having expertise in their subject
• matter areas, and may communicate directly with them without going through the city attomey.
10. Office tocaiions:
We currently have two office locations. The main office is in Suite 470 in the north tower of the Pillsbury
Center, in downtown Minneapolis located at 6th Street South and Second Avenue. Our St. Paul office is
� in Suite 1616 of the Pioneer Building in downtown SL Paul located at 336 North Robert Street on the comer
of 4th Street and Robert Street, across the street from the Federal Court Building.
•
�
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�
i
7
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B. SPECIFIC RESPONSES TO REQUEST FOR PROPOSALS
l. Response to items a.-1.:
a. Areas of expertise:
�
See responses in Section A.4.a.-d. on pages 2-7 of this proposal.
b. General qualificat�ions:
See responses in Section A.4.a.-d. on pages 2-'7 of this proposal.
� c. Scope of work abilities:
See responses in Scope of Work section B.2. on pages 14 and 15 of this praposal.
d-f. Attorneys,paralegals and support personnel experience, qualifications arut availability:
� The attorneys who will be supplying services to the City of Rosemount are Charles LeFevere as lead
city attorney, and Corrine Heine and Robert Long as assistant city attomeys if Mr.LeFevere were ever
unavailable due to illness or family emergency. Steven Bubul and Gary Winter may also provide legal
services on economic development related matters and legal services for the Rosemount Port Authority.
In addition to these attorneys,the members of our pazalegal staff who will be supplying services to the
City of Rosemount are Cathy Rocklitz and Cheryl Willey.
r (1) Relevant academic training and degrees:
Information regarding academic training and degrees for each of the attorneys and paralegals listed
above can be found in the individual resumes attached at Appendix l.
{2) Prior municipal experienc� and esiimate of percentage of municipaZ work:
� -- Charles LeFevere: Since graduating from law school in 1975, Mr. LeFevere's practice has
focused almost exclusively on municipal law. He has been the city attorney for the city of
New Brighton for eleven years and for the City of Brooklyn Center for six years. He has
been the attomey for the Lake Minnetonka Conservation District for fifteen years. He has
represented a number of other Minnesota cities, counties, and schoal districts on special '
projects, including the cities of Robbinsdale, Richfield, Medina, Crystal, Minnetonka,
• Roseville, Bumsville, Inver Grove Heights, Eagan, and the Edina and Hopkins School
Districts. Mr. LeFevere devotes 1009'o af his time to municipallaw matters. (See individual
resume attached in Appendix 1.)
-- Corrine Heine: Ms. Heine is currenfly ciry attorney for the City of Loretto and the City of
Independence and assistant city attomey for the City of Mounds View and tl� City of
� Robbinsdale. She has practiced almost exclusively in municipal law since 1985. (See
individual resume attact�d in Appendix 1.)
-- Robert Long: Mr. Long joined Holmes & Graven in January, 1994. Since that rime, 80%
of his time has been spent on municipal law and municipal finance. Prior to joining Holmes
&Graven, Mr.Long served on the S� Paul City Council for six years and as special assistant
attomey general in the Minnesota Attomey General's office for two years. Mr. Long is
� currently the assistant city attorney for the City of Independence and the City of Crystal. (See
individual resume attached in Appendix 1.)
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�
-- Stephen Bubul: Mr. Bubul works extensively in economic development and housing related
legal matters. He does legal work for several Economic Development and Redevelopment
Authoriries in the metropolitan area, including the cities of Columbia Heights, Crystal and
Burnsville. Approacimately 50-75% of his time has been spent in these areas from 1990 to
1994. (See individual resume attached in Appendix 1.)
•
-- Garv Winter: Mr. Winter works extensively in economic development, housing, and taz�
increment related legal matters. Appmximately 85%of his time has been spent in these areas
fmm 1990 to 1994. {See individual resume attached in Appendix 1.)
-- Cathv Rocklitz: Ms. Rocklitz has been a paralegal with our firm since 1979. 50% of her
time is spent on municipal real estate matters.
�
-- Chervl Willev: Ms. Willey has been a paralegal since 1985. 509'0 of her dme is spent on
municipal matters and 50% on public finance matters.
Because our firm practices so extensively in the areas of municipal law, we have a large number
of attomeys who aze able to provide supplemental assistance or special expertise, as needed.
+ Examples of such assistance which would be available to the City of Rosemount are as follows:
-- Condemnation - Robert J. Lindall (75% of time in such practice.)
-- Planning and Development - Ronald H. Batty and Steven J. Bubul, both of whom hold
Masters Degrees in Urban Planning (50% of time in such practice.}
• -- Tax Increment Financing - Dave Kennedy and John Dean (SQ% of time in such practice.)
-- Labor Relations - John M. LeFevre and Mary J. Dobbins (7Q-80% of time in such practice.)
-- Data Practices and Open Meeting Law - Corrine Heine (20% of time in such practice.)
� A complete description of prior municipal experience for each individual listed above can be found
in the individual resumes attached at Appendix 1.
(3) Current principal responsibil�ties for lead attorney:
We propose that Charles LeFevere would act as the city attomey for the City of Rosemount. He
would be available for a11 City meetings and legal work requested by the City.
•
As city attorney, Mr. LeFevere would have primary, day-to-day responsibility for all of the city's
legal matters. At Holmes & Graven, our practice is for the city attomey to perform as much of
the city's work personally as is possible and in the city's best interest. Most of the general work,
as well as matters within an azea of specialization of the city attorney, would be performed
personally. Specialized matters outside the city attorney's expertise or matters which another
. atxomey can handle more quickly would be assigned to someone other than the city attomey.
Mr. LeFevere would be available to serve as city attorney for the City of Rosemount for as long
as Holmes & Graven serves as legal counsel to the City.
(4) Proposed atlocation of work between lead attorneys and junior partners, associates or
paralegals:
7 Holmes & Graven has six attorneys who serve as city attorneys and whose work is exclusively,
or almost exclusively,limited to representing public entities. Collectively,these six attorneys have
over 100 years experience as municipal attomeys. In the rare event that the designated city
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�
attomey is unavailable and cannot be reached witlun a short period of time, emergencies can be
handled by one of the other municipal attomeys.
When it is more efficient and economical for the city, certain work for our municipal clients may
be assigned to clerks or paralegals working under the direct supervision of the responsible attorney.
� All other work, however, is handled by a licensed attomey. Municipal clients are sometimes
frustrated when legal work which they regard as important is assigned to junior or less experienced
attorneys. At Holmes & Graven,municipal work is assigned to experienced attorneys. Work for
our municipal clien�s is most often dane by the designated city attomey. Work is assigned ta other
attomeys primarily,in cases in which they have greater experience or expertise or are able to
complete the project more promptly. In all cases, however, the designated city atxomey remains
responsible for the work and for monitoring its progress in tt� office.
•
Corrine Heine and Robert Long would be the primary back-up attorr�ys assisting Mr. Thomson
in performing the general civil litigation work for the City. Ms. Heine and Mr. Long would
remain available to provide this assistance throughout the contract with the City of Rosemount.
g. List of municipal references:
a The firm has represented hundreds of Minnesota cities in various capacities,including general counsel,
special counsel and bond counsel. A complete listing of those cities would be provided upon request.
See Appendix 2 for a listing of other municipal and govemment clients.
(l) Municipal Client References:
• David Childs, City Manager Matt Fulton, City Administrator
City of Minnetonka (former New Brighton Manager) City of New Brighton
14600 Minnetonka Blvd. 803 - Sth Avenue N.W.
Minnetonka, MN 55345 New Brighton, MN 55112-2792
(612) 939-8200 (612) 633-1533
i James Prosser, City Manager Francis Hagen, Sr., City Manager
City of Richfield Ciry of Robbinsdale
6700 Portland Ave., S. 4221 Lake Road
Richfield, MN 55423 Robbinsdale, MN 55422
(612) 968-9705 {612) 537-4534
Jerry Dulgar, City Manager Gerald Splinter, City Manager
� Ciry of Crystal City of Brooklyn Center
4141 Douglas Drive North 6301 Shingle Creek Parkway
Crystal, MN 55422-1696 Brooklyn Center, MN 55430
(612} 531-1000 (612} 569-3300
{2) Listing of previousJcurrent experience and municipakty reference:
� The City of Rosemount is encouraged to contact the chief administrative officers, mayors and
councilmembers of those cities listed in section A.3.where we serve as city attomey: Robbinsdale,
Richfield, Crystal, Brooklyn Center, Lauderdale, New Brighton, Mounds View, Medina,
Independence,Loretto and Sandstone. See Appendix 2 for a listing of other cities and government
agencies represented by Holmes & Graven.
i
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h. I,fsting of prevwus/current activities perfivrmed for the City of Rosemount:
Holmes &Graven is not currently providing any legal services for the City of Rosemount Holmes &
Graven had perfom�ed legal services in connection with certain projects in Rosemount: a commercial
rehabilitation loan pmgram, a talc increment modification, the Rosemount Center shopping center
� project,and a$175,000 Fridlund�roup Partnership commercial project. See Appendix 3 for a detailed
listing of these legat activities.
i. Conflict of interest:
(1) Holmes&Graven dces not have any past or present clients which would create a conflict with our
` ability to serve as city attomey.
(2) Holmes & Graven does represent some number of real estate developers. We do not, however,
currently represent any developers in any transactions with the City of Rosemount or Dakota
Counry. In addition,it is our firm's policy to never represent a developer in any matters involving
a local goverrnnent unit we represent.
� (3) Holmes & Graven is currently general counsel to the Dakota County HRA. We also ha.ve done
extensive bond counsel work for the City of Bumsville and serve as general counsel for the
Burnsville EDA.
(4) Each attorney in our firm has a computerized listing of all clients to review for potential conflicts.
If a potential conflict exists we notify each client. If an actual conflict exists,we would withdraw
from representing either client unless both clients consent to our representation.
•
Nearly all of the work of our firm involves the representation of governmental clients. Therefore,
unlike firms with a substantial clientele of developers or business investors, we very rarely find
that we have a conflict of interest.
j. Library, research and production capabi�ties:
` The firm's primary areas of expertise - govemmental representation, litigation and municipal finance
- are characterized by tight time lines and impartant deadlines. Our attorneys and staff are quite
accustomed to work assignments on short notice and ha�e developed internal working relarionships that
assure prompt, effective responses to our clients' needs. Our array of duplicating equipment, word
processing equipment and electronic communications enables us to ensure those prompt and efficient
documents preparation,retrieval and modification, and quick response time for legal reports or memos
� requested by the City.
The firm utilizes automated word processing equipment. Day and night operators of this equipment
assure rapid turnaround of required legal documents. All word processing equipment is compatible,
and therefore, all units can be dedicated to one project simultaneously, if necessary,to meet unusually
demanding deadlines and priorities.
� The firm maintains a full service legal library of over 5,000 volumes consisting of: appellate reports;
tax, labor, eminent domain and employment periodical services; and standard legal encyclopedias and
texts on all phases of municipal law. In addition we have convenient skyway access to the Hennepin
County Law Library, probably the best in the state, to which we are a subscriber with full withdrawal
privileges. We maintain a centralized research file of inemoranda and forms on all aspects of municipal
law.
• LEXIS legal research computer system gives us virtually immediate access to most legal and technical
publications and to research thmughout the narion and the world.
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The firm udlizes in-house and commercial delivery service and have telecopier-fax capabilities for
instant transmission and reception of documents.
k. Descrzption of Fees:
• (1) Number, names and billing fee of auorneys:
(a) Hourly rate for City and Port Authority:
Holmes & Graven would bill the City and Port Authority $100.00 per hour for all general
civil legal services,excluding litigation mauers and economic development matters for which
• legal fees are paid by the developer. Fees for litigation and economic developmern work paid
by the developer are $110.00 per hour and $130.00 per hour respectively.
Hourly Rate for All General Legal Services:
Charles LeFevere, Attomey $100 per hour
Corrine Heine, Attomey $100 per hour
Robert Long, Attorney $100 per hour
�
Hourly Rate for Civil Litigation:
James Thomsan, Attomey $110 per hour
Charles LeFevere, Attomey $110 per hour
Corrine Heine, Attorney $110 per hour
Hourly Rate for Economic Development Legal Services (paid by developer):
� Steven Bubul, Attomey $130 per hour
Gary Winter, Attomey $130 per hour
(b) Retainer rate for City and Port Authority:
As an alternative to an houdy billing rate,Holmes&Graven would offer a$3,000 per month
� retainer with the City for all general legal services for the City, excluding litigation. This
retainer proposal is based on the City's 1994 legal services budget of $31,000. We would
want the option to adjust the retainer fee upwa.nd appropriately during the contract period if
the level of legal work more closely reflects the City's actual costs for legal services in 1993
of $50,000.
Holmes & Graven would offer an $1,800 per month retainer for legal services for the
• Rosemount Port Authority. This retainer proposal reflects the$21,600 that has been budgeted
in 1994 for the Port Authority's legal services. Because the Port Au�ority has no established
past budget history for legal costs,we would want to reserve the option to adjust this retainer
fee downwazd or upward appropriately during the contract period to reflect the actual level
of legal work for the Port Authoriry.
� (2) Number, names and billing fee of paralegals:
Hourly Rate for All General Legal 5ervices:
Cathy Rocklitz, Paralegal $70 per hour
Cheryl Willey, Paralegal $70 per hour
Law Clerks $60 per hour
• (3} Number of supporting personnel and billing fee:
The firm's support staff do not supply work directly to the City of Rosemount and therefore the
City is not charged for their services.
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{4) Billing incremen� .
The firm bills its dme in .OS hour increments. The minimum increment for any billed service is
.QS hours. The firm will provide monthly billing statements in a format approved by the City of
Rosemount.
•
(5) Other costs:
The firm will bill its out-of-pocket costs for such things as postage, long distance telephone calls,
and computer assisted research. Copying costs are reimbursed at.20 per page and mileage at .20
per mile.
� Billing for Miscellaneous Eaepenses:
Minimum Billing Increment .OS hour at houriy rate
Photocopying Charges $.20 per page
Travel Time, if applicable $ None
Mileage Charges $.20 per mile
Fax Charges $.50 per page
• Westlaw or Lexis Fees (See * below) $1.08 per minute
Phone Charges $ None
Other Charges: Messenger/Express Mail $ Actual Cost Charged
* The fee quoted above reflects only the basic minimum service available on Lexis. Due to the
varying charge for types of seazches, this fee has not been included in the above fee and will be
� charged at the actual cost on a per search basis plus applicable sales tax.
(6) Rate for City Council attendance:
The rate for City Council meeting attendance will be $100.00 per how. If a monthly retainer is
entered into with the City, city council meeting attendance would be covered as part of the
retainer.
�
(7) Monthly b�lling statemen�
A detailed statement of services rendered to the City of Rosemount will be sent on a monthly basis
describing the date of service,the work performed,the attorney or paralegal supplying the service,
the time spent performing the service, the hourly fee and the incremental fee actually charged to
the City. A sample statement can be found at Appendix 2. Holmes & Gra.ven will pmvide a
� monthly billing statement in any format the City chooses.
l. Financeal Report:
Holmes & Graven has a very strong financial base. As a closely held professional associarion,
however, we are reluctant to make a disclosure of our financial data that could be made available to
� the general public. We would be willing, however, to make aur most recent financial statemern
available to the ciry administrator for his confidential review. Reference to Appendix 3 will
demonstrate the long and con6nuous relationships we have had with cities as city attomey. The firm's
financial situadon has never had an adverse effect on any client of the firm.
2. Scope of work:
� a. Legal action:
Holmes & Graven has extensive experience represenung cities in a variery of types of civil actions,
including appeals by developers or applicants from Planning Commission or City Council actions, a11
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types of condemnation cases,and nuisance and injunction issues. In addition,Holmes&Graven would
act effectively as a liaison in actions against the City where the City's liability insurance carrier defends
the claims. We handle litigation cases for the League of Minnesota Cities Insurance Trust in their
representation of cities like Rosemount.
• b. Advisor to City Council, comm�es and staff
Holmes & Graven has served as general counsel and special counsel to numerous cities and local
governments since the firm's inception. We have extensive experience and expertise in the prepazation
of legal opinions and the drafting of resolutions and ordinances on a wide variety of legal issues
including,zoning,platting,the issuance of permits,and on procedural matters dealing with the operation
� of City Councils, Planning Commissions and Port Authorities.
c. Impmvement projects:
Holmes & Graven has worked extensively with cities on public improvement projects both as general
counsel, assisting with all legal issues such as acquiring easements and advising on assessment
pmcedures, and as bond counsel preparing a11 bond documents and legal opinions in connection with
i the issuance of bonds. See Section A.4.d. on page 6 of this proposal. Based on this extensive
experience serving as bond counsel for cities,Holmes&Graven also proposes to provide bond counsel
services for the City of Rosemount.
d Miscellaneous legal issues:
• Holmes&Graven serves as general counsel or special eounsel to numerous Port Authorities,Economic
Development Authoriries, and Housing and Redevelopment Authoriries. See Section A.3. on pages 1
and 2 of this proposal. In this capaciry, we have extensive experience preparing development
agreements, acquiring easements, and in all aspects of industrial revenue and tax exempt mortgage
fmancing, including extensive work with tax-increment financing. In this regard, Holmes & Graven
would also propose to serve as general counsel and bond counsel for Rosemount Port Authority
projects.
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C. DISCLOSURES AND ASSURANCES
The applicant hereby assures and certifies:
1. That the individual signing the assurance form on behalf of the individual, parinership, company or
� corporation named in the propasal possesses the legal authority to bind the firm by contract.
2. In connecdon with this proposal and any subsequent contract the consultant shall �t discriminate against
any employee applicant for employment because of race, color, creed, religion, national origin, disability,
age,sex,sexual orientation or status regarding public assistance in accordance with federal and state law and
local policy.
� 3. The consultant agrees to comply with a11 applicable federal, state and local cc�mplia�ce requirements.
4. That the firm is adequately insured to do business and perform the services proposed.
HOLMES & VEN, CHAR D Address:
� � 470 Pillsbury Center
By: � J Minneapolis, MN 55402
J R. Larson (612) 337-9300
ice President
Dated: June �� 1994.
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CHARLES L. LEFEVERE
PERSONAL DATA:
� -Bom December 21, 1946, Minneapolis, Minnesota
-Married to Kathryn Fevold
-Two Children
-Graduate of Richfield, Minnesota, High School
-B.A. in English (1968) St. Olaf College, Northfield, Minnesota
-Exchange student sophomore year to Tuskegee Institute, 'Itiskegee,
• Alabama. Teacher for Tuskegee Institute Community Education Program in Lowndes County, Alabama.
-Atxended Officer Candidate School in Newport, Rhode Island (1968) and
served aboard heavy cruiser with deployment to Europe, Africa, Caribbean Islands, South America and
Norfolk, Virginia. Rank, Lieutenant
-J.D., cum laude, (1975) Universiry of Minnesota
PROFESSIONAL EXPERIENCE:
•
Municinal
City attomey for New Brighton;city attomey for Bmoklyn Center,attorney for the Lake Minnetonka Conservation
District; assistant city attorney for the cities of Richfield, Crystal, and Medina.; special counsel to cides including
Minnetonka,Bumsville,Inver Grove Heights and Ramsey; and approving bond counsel to a large number of other
cities, school districts and coundes throughout the state.
•
Administrative
Regulation of public udlities; practice before the North Dakota Public Service Commission and Minnesota
Environmental Quality Boarti, including work on power plant siting, environmental unpact statements and
testifying before Minnesota House and Senate committees. Advising political subdivisions and utilities on legal
� matters at regular meetings and hearings, appeazances before state and local administrative agencies, trial and
appellate practice.
PROFESSIONAL LECTURE5 AND 5EMINARS:
-City Engineers Association of Minnesota, January 21, 1988
Recent Changes in the Law of Special Assessments
� -Minnesota Institute of Lega1 Education, March 15, 1985
Special Assessments
-Minnesota Association of City Attorneys, January 21-22, 1983
Municipal Regulation of Landfills and Other Sources of Pollution or Contamination
-Hennepin County Bar Associarion, Local Govemment Committee,
September 9, 1982, Storm Water Management,Financing Altematives
� -Minnesota Association of City Attomeys, Annual Meeting,
June 18, 1982, Special Assessments, Impact of Recent District Court Decision
-Hennepin County Bar Associarion Eminent Domain Committee
April 14, 1982, The Pitfalls of Special Assessment Appeals Minnesota State Bar Association
-Continuing Legal Education, November 20, 1980
Land Use Issues - 1980 Seminar Special Assessments
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PROFESSIONAL ORGA1vIZATIONS:
-Admitted to practice before the Minnesota Supreme Court and other
Courts of the State, Federal District Court for Minnesota
and Eighth Circuit Court of Appeals.
� -American Bar Association -- Local Government Law Committee
-Minnesota State Bar Association
-Hennepin County Bar Association -- Local Govemment Law Committee
-Nationally recognized Approving Municipal Bond Attomey listed in
' Directory of Municipal Bond Dealers of the United States
� COMMUNITY ACTIVITIE5 AND SPECIAL INTERESTS:
-Rotary Intemational, Brooklyn Center, Board of Directors
-Chairman, Minnetonka Board of Zoning Adjustment, 1979-1984
-Hunting, swimming, skiing, running, hockey
-Managing or coaching various youth baseball and softball teams
� -Former President, Wayzata Youth Hockey Association
-Mediation Center, Chairman of the Board of Directors
EMPLDYMENT DATA•
-April, 1989 to present: Director, Holmes & Graven, Chartered
• -September, 19'75 to April, 1989: Director and Shareholder,
LeFevere, Lefler, Kennedy, O'Brien & Drawz
-July, 1973 to September, 1975: Law Clerk, LeFevere, Lefler, Kennedy,
O'Brien & Drawz
-October, 1968 to March, 1972: Line O�cer, United States Navy
-May, 1968 to October, 1968: Construction Inspector, City of
• Burnsville
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CORRINE A.HEINE
EDUCATION
University of Minnesota Law School, Minneapolis, Minnesota
� Juris Doctor ma�na cum laude, 1983
Wartburg College, Waverly, Iowa
Bachelor of Arts summa cum laude, 1979
PROFESSIONAL EXPERIENCE
•
Attorney
Holmes & Graven, Chartered (November 1989 to present)
Attomey and member of the board of directors;practicing in the areas of municipal law,eminent
domain, municipal lirigation, and appellate practice.
� LeFevere, Lefler, Kennedy, O'Brien & Drawz, a Professional Association(August 1985 to November
1989)
Attomey ar�d member of the baard of directors;practicing in the areas of municipal law,eminent
domain, munieipal litigation, appellate pracrice, employment law and criminal prosecution.
- Serve as ciry attorney for city of Loretto and corporate counsel for White Bear Lake
Conservation District. Serve as assistant attomey for ciries of Richfield, Bmoklyn Center,
• Robbinsdale, and Crystal.
- Pmvide legal advice and apinions to city staff and city councils on a variery of municipallegal
issues,with particular emphasis on real estate,contracts,data practices,special assessments,and
zoning.
- Conduct legal research and draft ordinances.
- Appear at city council and other public meetings.
� - Communicate with public officials and citizens regarding city legal matters.
- Serve as special counsel to various Minnesota cities on special projects.
- Conduct litigation on behalf of client cities and the League of Minnesota Cities Insurance Trus�
Judicial Clerk
Tenth Judicial District Courts, Anoka, Minnesota (February 1984 to August 1985)
Judicial law clerk to the Hon. Edward A. Bearse and the Hon. Stariley N. Thorup
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- Conducteti legal research and wrote draft opinions for district judges
PROFE5SIONAL MEMBERSHIPS
Member, Minnesota State Bar Association
Member, Hennepin County Bar Association
� Member, American Bar Association
Member, Minnesota Women Lawyers
Member, Minnesota City Attomeys' Association
ACTIVITIES
State Chair, National Institute of Municipal Law Officers, 1992-present
� Minnesota Women Lawyers,President-Elect(1993-94);Board Member(1990-present),Treasurer(1992-
present), Chair of Member and Community Relations Committee (1986-90)
Newsletter Committee of Minnesota State Bar Associarion Public Law Section
St. Paul District 14 Community Council (1989-90)
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ROBERT C. LONG
EDUCATION•
� Macalester College, B.A. summa cum laude (Phi Beta Kappa), 1981
University of Minnesota, J.D., cum laude, 1985
PROFESSIONAL EXPERIENCE:
Holmes & Graven, Chartered (January 1994 to present)
. Attorney and member of board of directors, practicing in the areas of municipal law, public
finance, govemment representation,economic development and housing.
St. Paul City Councilmember (1988-1994)
Served as Chair of City Council's Finance and Intergovemmental Relations Committee;St.Paul
Port Authority Commissioner, S� Paul Housing and Redevelopment Commissioner; St. Paul
Civic Center Authority Commissioner, Twin Cities Family Housing Fund Boazd Member.
� Minnesota Attorney General's Office (1985-1988)
Special Assistant Attomey General prosecuting consumer fraud cases in the Consumer Protection
Division
Executive Director, Minnesota Jus6ce Foundation (1985)
* Hennepin County Attorney's Office (1983-1985)
Law Clerk working on criminal and civil litigation cases.
Office of St. Paul Mayor George Latimer (1981-1982)
Staff aide working on legislative and economic development issues.
� PROFESSIONAL MEMBERSHIPS:
Member, Minnesota State $az Association
Member, Ramsey County Bar Association
Member, Criminal Law Section, Minnesota State Bar Association
ACTIVITIES•
•
President Association of Metropolitan Municipalities (1991-1992)
Vice President, League of Minnesota Cities (1992-1993)
Vice President, Ramsey County League of Local Govemments (1992-1993}
Chairperson, Energy and Environment Resource Center Board (1992-1993)
Chairperson, Minnesota Justice Foundation Board (1984-1985}
� PUBLICATIONS•
Le�islative Developments in Minnesota Conswner Law: Faculty, Minnesota Institute of Legal
Education's 1987 Consumer Law Program
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STEPHEN J. BUBUL
EDUCATION:
University of Wisconsin, J.D. 1986 (cum laude)
. University of Wisconsin-Madison, M.S., Urban and Regional Planning, 1978 (cum laude)
University of Wisconsin-Madison, B.A. 1975
PROFESSIONAL EXPERIENCE:
Stephen Bubul is a partner in the law firm of Holmes&Graven, Charted,practicing in the areas of local
� government law,public finance,economic development and housing. He serves as the lead attorney for
the Burnsville Economic Development Authority and the Crystal Economic Development Autr�ority,and
represents numerous cities and development authorities as special caunsel in development matters, with
a particular emphasis on tax increment financing. He also serves as bond counsel in connection with
general obligation and revenue bond issues throughout Minnesota. Mr. Bubul previously served as law
clerk to Justice Peter S. Popovich of the Minnesota Supreme Court (1987-88), and was a land use
� planner for the Dane County (Wisconsin) Regianal Planning Commission (1978-85).
MEMBERSHIPS AND ACTIVITIES:
Minnesota. State Bar Association
State Baz Association of Wisconsin
� Hennepin County Bar Association
National Association of Bond Lawyers
Member, Metropolitan Council Land Use Advisory Committee
HONORS AND AVf�ARDS:
� Phi Beta Kappa
Phi Kappa Phi
Vilas Graduate Fellowship, University of Wisconsin 1976
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M
GARY P. WINTER
EDUCATION: Rutgers University(B.A., 1975);University of Minnesota(M.A., 1980);StateUniversiry of New
York at Buffalo (J.D., 1987).
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Admitted to bar 1988, New York and Massachusetts; 1990, District of Columbia; 1991,
Minnesota.
PLIBLICATION5: Tax Increment Financin�: A Potendal Redevelopment Financing Mechanism for New York
Municinalities, Fordham Urban Law Joumal, Vol. 18, No. 4, 1991; Tax Increment Financin�:
Fundin�Communitv Develoument with Future Tax Receints, Mumesota Deparlment of Energy
, and Economic Development in cooperation with the League of Minnesota Cities, May 1984;
Financin� Public Imnrovements, Minnesota Cities, Volume 68, No. 2,pp. 47, February 1983;
The Downtown RevitalizationlRedevelonment Dilemma, Minnesota Cities, Volume b5, No. 3,
pp. 4-8, March 1980 - Reprinted in "Current Municipal Problems", Volume 7, No. 2, pp. 202-
209, Fa11 1980.
• MEMBER: American Baz Association; and New York Bar Association.
PRACTICE: Municipal, real estate, enviromnental, insurance, and general business.
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ROBERT J. LINDALL
EDUCATION: J.D., University of Minnesota, 1969
B.A., University of Minnesota, 1966
Delta Theta Phi, Phi Sigma Kappa
� AFFILIATION: 1969 Admitted to bar, Minnesota
1980 U.S. District Court of Minnesota
MEMBERSHIPS: Minnesota Envimnmental Education Council, 1971-1975
-- Chairman, 1974-1975
Metropolitan Council Transportation Advisory Board, 1978-19$1
� Councilmember, City of Chaska, 1978-present
Hennepin County Bar Association, 1969-present
-- Chairman, Eminent Domain Committee, 1981-1983, Member 1978-present
-- Environmental Law Committee, 1992-present
Minnesota State Bar Association, 1969-present
-- Member, Real Property SecUon and Eminent Damain Committee
� American'Bar Association, 1981-present
-- Member, Section on: Real Property, Probate and Trust Law;
-- Corporation, Banking and Business Law;
-- Local Government Law;
-- Committee on Envimnmental Law
International Right of Way Association
� CONCENTRATION: Eminent domain, real estate, environmental, property tax appeals, and public law.
RELATED: AV rated by Martindale-Hubbell
Real Pronertv Law St�ecialist, Certified by Minnesota State Baz Association, Real
Property Secrion, 1989
;' St�ecial Assistant Attomev General, State of Minnesota(representing Pollution Control
Agency), 1969-1973
Jonathan Develonment Corporation:
-- Staff Attomey, 1973-1974
-- Vice President and General Counsel, 1974-1977
� -- President and General Manager, 1977-1978
Real Estate Broker, 1975-1978
PUBLICATIONS: Minnesota Condemnation Law and Practice, (Butterworth's 1990). Co-authored with
John M. LeFevre, Jr. and Mary G. Dobbins.
� Minnesota's Doctrines of Public Purpose and Suverior Public Pur�ose in Eminent
Domain, (Minn.Real Est. L. J., May/June, 1983). Co-author with Mary Dobbins.
Ori�ins of Eminent Domain, (Minn. Real Est. L. J., August, 1983). Co-author with
Douglas Peterson.
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JAMES J. THOMSON
EDUCATION
,� University of San Diego Schoal of Law, J.D. 1976 (Magna Cum Laude)
University of Notre Dame, B.A. 1969
Licensed to pracrice in Califamia and Minnesota
PROFESSIONAL EXPERIENCE
�
James Thomson is a partner in the law firm of Holmes & Graven, Chartered and is the City Attorney
for Mounds View, Minnesota. He is a graduate of the University of Notre Dame and a magna cum
laude graduate of the University of San Diego School of Law. He is a former Deputy City Attorney for
the City Attorney's Office, San I7iego, Califomia and is the current President of the Minnesota City
Attomeys' Association. He is licensed to practice in United States District Court in Califomia and
� Minnesota. He has defended numerous govemmental agencies and elected officials in federal lawsuits
involving issues such as civil rights,inverse condemnation,and First and Fourteenth Amendment claims.
He recently completed a week-long trial before United States District Judge Diana Murphy in which he
defended a constitudonal challenge to a municipality's regulation pertaining to adult businesses.
LECTURER
,� 1984 Update for City Attorneys, "Competitive Bidding°
Minnesota Institute of Legal Educatian, Statute of Limitations, "Municipal, State, and Federal Notice
Requirements and Statutes of Limitations on Claims Against the Government" (1987 and 1990)
American Planning Association, Land Use Seminar, "Dedication of Land for Public Purposes" (1987)
�' 1988 Update for City Attomeys, "Zoning Issues"
Minnesota Continuing Legal Education, "Land Use and Real Estate Development,Proving Damages in
Inverse Condemnation Cases" (1988)
Municipal Law Forum, "The Future of Regulatory Takings" (1988)
� Hennepin County Bar Association, "The Takings' Question" (1988)
1989 Federal Court Practice Seminar, "Govemmental Liability for Regulatory Takings"
Minnesota Continuing Legal Education, "How to Represent Clients in Inverse Condemnation" (1990)
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PUBLICATIONS
Landlord Tort Liability in California; Are the Restrictive Common Law Doctrines on Their Way Out?
12 San Diego Law Review 401 (1974)
�, Report of The Municipal Labor Relations Committee, 40A Municipal Law Review 13 (1977)
HONORS AND AWARDS
Editor-in-Chief, San Diego Law Review, 1975-76
Merit Scholarship, University of San Diego School of Law
� Member, Alpha Kappa Delta (National Sociology Honor Fratemity}
Member, 1972 United States Reserve Officers' Pentathlon Team
ACTIVITIES
Member, American Bar Association
� Member, Minnesota and California Bar Associations _
Member, Hennepin County Bar Association
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RONALD H. BATTY
Home Address Office Address
4261 Alabama Avenue South 470 Pillsbury Center
St. Louis Park, NIN 55416 Minneapolis, MN 55402
« (612) 922-0496 (612) 337-9300
EDUCATI�N
Juris Doctor
! Georgetown University Law Center
Washington, D.C.
May, 1979
Master of Urban Planning Bachelor of Arts
Hunter College Loyola University
City University of New York New Orleans, Louisiana
� New York, New York January, 1973
May, 1975 Major: Political Science
Minor: Economics
WORK EXPERIENCE
� Attorney Holmes & Graven, Chartered
February 1984 to Present Minneapolis, Minnesota
(since April, 19$9)
LeFevere, Lefler, Kennedy,
O'Brien & Drawz, P.A.
(February 1984 through
�, April, 1989)
Municipal Experience:
- Serve as city attomey for cities of Medina and Lauderdale and assistant city attomey for Richfield,
Brooklyn Center and Robbinsdale.
- Conduct research and write legal opinions on a variety of municipal matters.
- Communicate with public off'icials, citizens and legal counsel regarding city affairs.
� - Appear at city council and other public meetings.
Development and Public Finance Experience:
- Serve as attorney for the Robbinsdale Economic Development Authority and Lino Lakes Economic
Development Authority.
- Extensive practice in areas of public development and redevelopment law with emphasis on taac
� increment financing.
- Draft and negotiate development agreements for cities within metropolitan area and greater
Minnesota.
- Serve as bond counsel on numerous municipal issues.
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Zoning Admi�istrator City of Minnetonka
February 1980 - Febivary 1984 Minnetonka, Minnesota
- Administered and interpreted zoning ordinance,subdivision regulations and sign controls for city
- Participated in preparation of land use litigation matters and drafting of municipal ordinances
�, - Designed and implemented complete package of adrninistrative procedures for newly created
position of Zoning Administrator
- Drafted and presented reports to city council, planning commission and board of zoning
adjustment
Realty Specialist U.S. Dept. of HUD
September 1976 - December 1979 Interstate Land Sales Office
, Washington, D.C.
- Reviewed and interpreted title evidence, covenants, plats, financial �a.tements and litigation
documents to ensure compliance with Interstate Land Sales Full Disclosure Ac�t.
- Testified at administrative hearings and assisted in preparation of evidence for hearings.
- Conducted extensive staff training for 15 HUU professionals regarding tifle evidence and land use
� provisions of Department regulations.
- Edited annotation of administrative and federal cases involving Interstate Land Sales Full Disc�osure
Act for Department use.
ACADEMIC ACCOMPLISHMENTS
� Weintraub Fellowship for Social Sciences at Hunter College
City University of New York
Magna C�um Laude, Loyola University
President, Student Committee on Academic Excellence
� for College of Arts and Sciences, Loyola University
Universiry Fellow, Loyola University
BAR ADMISSION
� Minnesota, 1980
PROFESSIONAL MEMBERSHIPS
American Bar Association
Minnesota State Bar Association
� Hennepin County Bar Association
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DAVID J. KENNEDY
PERSONAL DATA:
� - Bom January 29, 1932, Minneapolis, Minnesota
- Married, five children
- De La Salle High School, Minneapolis, Minnesota
- University of Notre Dame, B.A. English literature, 1953
- LLB University, Minneapolis, Minnesota, 1960
- Commander, USNR - retired
- Naval Aviator, 1954 - 1972
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PROFESSIONAL EXPERIENCE:
- Research assistant, League of Minnesota Municipalities, 1957 - 1960
- Staff attorney, League of Minnesota Municipalities, 1960 - 1967
- Director, Office of Local and Urban Affairs, Minnesota State Planning Agency, 1967 - 1969
� - Office of Senate counsel, Minnesota State Senate, 1969 - 1972
- Partner and director, LeFevere, Lefler, Kennedy, O'Brien & Drawz, a Professional Association,
Minneapolis, Minnesota, 1972 - 1989
- Director, Holmes & Graven, Chartered, 1989 - present
- Ciry attomey, City of Crystal, Minnesota, 1973 - present
- City attorney, City of Sandstone, Minnesota, 1993 - present
- Nationally recognized municipal bond appmving counsel, 1972 - piesent
� - Special counsel to various units of local government on legislative, city charter and finance matters.
RELATED PROFESSIONAL EXPERIENCE:
- Member, State Building Code Commission, 1965 - 1967
- Member, Bloomington Charter Commission, 1975 - 1976
- Member, Nadonal Association of Bond Lawyers, 1976 - present
� - American, state and county bar associarions
- President, Minnesota Association of City Attomeys, 1978
- Navai Aviator, 1953 - 1957
- Member, United States Naval Reserve, 1957 - 1973
- Instrucwr in public administration, University of Minnesota.Extension Division, 1964 - 1965
- Lecturer in local governmental law, University of Mankato, 1967
� - Member, Citizens' League, 1990 - 1993
- Director, Community Reinvestment Fund, Minneapolis, 1989 - present
- Author of various articles on local government law and administration in local govemment publications.
- Director and Trustee, Community Reinvestment Fund, Minneapolis, Minnesota, 1989 - present
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JOHN B. DEAN
PERSONAL DATA:
Bom April 14, 1944, New Britain, Connecticut
� Married to Joanne Domovich of Western Springs, Illinois
One Child
Graduate of Shawnee Mission High School, Shawnee Mission, Kansas
B.A. (1966) University of Kansas, Lawrence, Kansas
J.D. (1969) University of Minnesota
PROFESSIONAL EXPERIENCE:
•
Municinal Extensive practice including drafting of ordinances, zoning and land use planning, special
assessments, real estate and condemnation. Trial work, civil and criminal, with civil trial work including
representing municipal clients in zoning and licensing matters in state and federal court, including the Eighth
Circuit Court of Ap�eals. Advising municipal clients on legal matters and attendance at regular and special
meetings of municipaliries' staff and governing bodies. Legal representation and redevelopment authoriries
� including negotiating and drafting legal documents,including develapment agreements. Legal representation has
included Hopkins School District, Lake Minnetonka Conservation District, Brooklyn Park, Brooklyn Center,
Crystal, Lauderdale, Richfield and Richf'ield Housing and Redevelopment authority and special litigation of
special projects for clients not represented on a full rime basis such as East Bethel, Ramsey, Albert Lea,
Bloomington, Chanhassen and Minneapolis.
Other Legislative lobbying and coordinator of legislative programs for organiaations primarily in the law
� enforcement field.
PROFESSIONAL ORGANIZATIONS:
- Admitted to practice before the Minnesota Supreme Court and other Courts of the State, and Federal
District Court of Minnesota and Eighth Circuit Court of Appeals
- Registered lobbyist, State of Minnesota
� - Minnesota State Bar Association
- Hennepin County Baz Association - Local Govemment Law and Eminent Domain
- American Bar Association
EMPLOYMENT DATA:
� - April, 1989 - present: Holmes & Graven, Chartered, specializing in general legal practice in the areas
of local govemment law, redevelopment law and legislative lobbying.
- February, 1971 to April, 19$9: LeFevere,Lefler,Kennedy,O'Brien&Drawz,with specializadon in trial
and general legal practice in areas of local government and redevelopment law; and legisladve lobbying.
- June, 1969 to January, 1971: Assistant State Public Defender and Assistant Hennepin County Public
Defender, specializing in criminal trial law.
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CATHERINE ROCKLITZ
EDUCATION
� University of Minnesota, Minneapolis, Minnesota
Legal Assistant Certificate, 1979
Normandale Community College, Bloomington, Minnesota
PROFES5IONAL EXPERIENCE
� Legal Assistant
Holmes & Graven, Chartered (January 1979 w present}
Assisted in the areas of real estate, eminent domain and municipal bonds.
- Conducts title searches in the office of the County Recorder and Registrar of Titles in Heimepin
and Dakota Counries.
� - Experienced in reviewing titles and preparing ritle opinions.
- Drafts purchase agreements, deeds, closing statements and other closing documents far
residential and commercial real estate closings.
- Coordinates and attends real estate closings.
•
- Coordina.tes and attends municipal bond closings.
- Experienced in working with municipal employees, appraisers,relocation specialists,surveyors,
title companies and property owners.
� - Drafts applications for registration of land, petitions for pmceedings subsequent and related
pleadings.
- Drafts pleadings in eminent domain proceedings.
PROFESSIONAL MEMBERSHII'S
� Member, Minnesota Association of Lega1 Assistants
Member, Hennepin Counry Bar Association
REFERENCES
Bruce Palmborg, City of Richfield
William Deblon, City of Robbinsdale
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CHERYL WILLEY
EDUCATION: S� Cloud State College, St. Cloud, Minnesota -- A.A. in Business, 1967
Metro State University, Minneapolis, Minnesota -- B.A. in Business, 1990
! PROFES5IONAL EXPERIENCE:
Holmes & Graven, Chartered (November 1989 to present)
Legal Assistant - work under supervision of attomeys pracdcing in the areas of public finance
and local govemment representation
• -- Preparation of draft resolutions, closing documents, and opinions for general obligation
bond issues
-- Assemble transcripts for all bond issues
-- File IRS Forms 8038, 803$-G,or 8038-GC with�nternal Revenue Service for each bond
+ issue
-- Assist in recodification of City Codes and ongoing updates
-- Maintain municipal research system for the use of City Attorneys in our office
LeFevere, Lefler, Kennedy, O'Brien & Drawz, a Professional Association
* (July 1973 -November 1989)
Secretary and Legal Assistant in the same areas as referenced above
PROFESSIONAL MEMBERSHIPS:
National Association of Lega1 Assistants
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APPENDIX 2
List of Municipal and Government Agency Clients
Represented by Holmes & Graven t5rom 1990-1994
� Holmes & Graven invites you to contact any of the clients we have named in the preceding materials to discuss the
services we offer. For your convenience, the following are a few representative names and telephone numbers;
City of Albert Lea Minneapolis Community Develop�nt Agency
Paul Sparks, Jr., City Manager 507-377-4300 Michael Schwab, Land Department 612-673-5064
Jerry Luesse,
City of Bloomington 612-881-5811 Downtown Development Department 612-673-5029
• Lyle R. Olson, Director of Administration
City of Minnetonka
City of Burnsville 612-895-4400 Dave Childs, City Manager 612-939-8200
Greg Konat, City Manager
City of Moorhead
City of Chanhassen Scott Hutchins, C.D. Director 218-299-5301
� Don Ashworth, City Manager 612-937-1900
City of Ramsey 612-427-1410
Columbia Heights Housing and Redevelopment Ryan Schmeder, City Administrator
Authority
E. "Sebe° Heintz, Chairperson 612-788-4315 City of Rich�ield
Donald Schneider, C.D. Director 612-788-3417 James Prosser, City Manager 612-968-9705
� City of Crystal Robbinsdale Economic Development Authority
Jerry Dulgar, City Manager 612-537-8421 Bill Blonigan, Chaiiperson 612-537-7706
Francis D. Hagen, Sr.,
Dakota County Housing and Redevelopment Executive Director 612-537-4534
Authority 612-423-4800
Mark Ulfers, Executive Director City of St. Cloud 612-255-7200
Jan F. Petersen, City Attorney
� City of Hibbing 218-262-3480
John A. Fedo, City Administrator St. Cloud Housing and RedeveMpment Authority
Dean Otterson, Executive Director 612-252-0880
City of Hopkins 612-935-8474
James Kerrigan, Economic Development Director Washington County Housing and Redevelopment
Authority
� Jim Heltzer, Executive Director 612-458-0936
In addition, contacts with�e city managers and administrators of the cities referred to in this description of tfie firm
are encouraged.
1fie firm represents the following govemmental units as general counsel:
•
City of Brooklyn Center City of Robbinsdale
Ciry of Crystal Ciry of Sandstone
City of Lauderdale Lake Minnetonka Conservation District
City of Loretto White Bear Lake Conservation District
City of Medina Local Government Information Service (LOGIS)
City of Mounds View Hennepin Recycling Group (HRG)
� City of New Brighton Suburban Rate Authority (SRA)
City of Richfield Minneapolis Public Housing Authority
•
�
We also serve as general counsel to numerous Economic Development Authorities and Redevelopment Authorities:
Brooklyn Center Robbinsdale
Chanhassen Saint Cloud
Columbia Heights Scott County
� Crystal Steams County
Dakota County Washington County
Richfield
In many cases Holmes & Graven is retained to provide specialized housing, finance, economic development or ;
redevelopment services to cities. We act in this capacity in Moorhead, Duluth, Rochester, St. Paul, Hibbing, Aitkin,
Grand Rapids, Maplewood, Shakopee, Eagan, Brooklyn Park, Crystal, Morris, Benson, Dawson, Excelsior, Winona,
� Stewartville, Adrian, Austin, Willmar, Bemidji, Bloomington, Buffalo, Coon Rapids, Fergus Falls, Fridley, Hastings,
Lake City,Olmsted County,Thief River Fa11s,Lincoln County,Mankato,Monticello,Redwood Falls, Sartell,Savage,
Virginia,Waconia,Wayzata, Watertown, Bumsville and Minnetonka. These services are varied,but typically involve
the structuring and negotiating of specific transactions.
This list does not include the cities for which Holmes & Graven served as bond approving counsel from 1990-1994.
� This tist is attached as Appendix 6.
The ciry manager or administrator for any of the cities can be contacted as a reference.
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APPENDIX 3
Previous/Current Activities Performed
for the City of Rosemount
� RS125 Rosemount, City of
1 Commercial Rehabilitation Program JSH JSH Closed 11/�08/85
2 Tax Increment Modification JSH JSH Archived Q2/02/90
3 Rosemount Center Project/Shopping Center JSH JSH Archived 02/02/90
4 $175,000 Commercial (Fridlund Group
Partnership Project) JSH JSH Archived 10/19/89
� 5 Rosemount Shopping Center
(David Saline Project) JSH JSH Archived 02/02/90
6 U of M Property Site Development DJK DJK Closed 12%L8/'92
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APPENDIX 4
List of Municipalities for which
Holmes & Graven Served as Bond Counsel
` As Bond Counsel (Illustrative only - actual clients in excess of 200)
Cities Counties School Districts
Bloomington Pennington Sleepy Eye
Bumsville Swift Lake City
• Brainerd Anoka Maple Lake
St Cloud Martin Fine Island
Chanhassen Redwood Elbow Lake
Lake City Steams Lake Ciry
North Mankato
Hopkins
� Minnetonka _
Andover
Champlin
Virginia
Citv Attornev & Bond Counsel Bond Counsel to EDA or HRA
� Brooklyn Center Brainerd
Crystal Dakota County
Richfield Washington County
Lauderdale St Cloud
Robbinsdale Stearns County
New Brigtrton Duluth
Mounds View
� Sandstone
Metiina
Loretto
•
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� HOLMES & GRAVEN
CHARTERED
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PROPOSAL FOR SPECIAL PROJECTS LEGAL SERVICES
CITY OF RO5EMOUNT
•
• Contact Person: Robert C.Long
June 17,1994
•
•
47Q Pillsbury Center, Minneapolis, Minnesota 55402 Telephone (612) 337-9300
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TABLE OF CONTENTS
- Pa�e
A. FIRM BACKGROUND AND EXPERIENCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
1. Name of the firm . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
2. The address of the firm . . . . . . . . . . . . . . . . . . . . . . . . . . 1
� 3. History and backgmund of the firm . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
4. Specific qualifications of the firm to perform municipal legal services . . . . . . . . . . . . . . . . . . . 2
a. General municipal legal experience . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
b. Complex municipal litigation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
c. Specialty areas of municipal practice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
d. Municipal finance and bond counsel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
� e. Municipal labor and employment law experience . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
5. Contract manager and administrator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
6. Number of attomeys . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
?. Number of paralegals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
8. Number of support staff. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
9. Organization chart . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
10. Office Locations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
•
B. SPECIFIC RESPONSES TO REQUEST FOR PROPOSALS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
1. Responses to items a.-1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
a. Areas of expertise . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
b. General qualifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
c. Scope of work abilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . e . . . . . 9
,� d.-f. Attomeys, paralegals and support personnel experience, qualifications and availability . . . . 9
(1) Relevant academic training and degrees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
(2) Prior municipal experience and estimate of percenta.ge of municipal work
from 1990 through 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
(3) Current principal responsibilities for lead attomey . . . . . . . . . . . . . . . . . . . . . . . . . . 10
(4) Proposed allocation of work between lead attorneys and junior pariners,
associates or paralegals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
• g. List of municipal references . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
(1) Municipal client references . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ll
(2) Listing of previous/curnent experience and municipality reference . . . . . . . . . . . . . . . . . . . 1 l
h. Listing of previous/current activities performed for the City of Rosemount . . . . . . . . . . . . . . . . 11
i. Conflict of interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
j. Library, research and•production capabiliries . . . . . . . . . . . . . . . . . . . . . . . . 12
� k. Description of fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . 12
(1} Numt�er, names and billing fee of attorneys . . . . . . . . . . . . . . . . . . . . . . . . . 12
(2) Number, names and billing fee of paralegals . . . . . . . . . . . . . . . . . . . . . . . . 13
(3) Number of suPPo�S Personnel and billing fee . . . . . . . . . . . . . . . . . . 13
(4} Billing increment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
(5) Other costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
(6) Rate for City Council attendance . . . . . . . . . . . . . . . . . . . . . . . . . . 13
• (� Monthly billing statement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
l. Financial report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
2. Scope of work for special legal counsel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
G DISCLOSURES AND ASSURANCES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
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A. FIRM BACKGROUND AND EXPERIENCE
1. Name of the firm:
The name of the firm is Holmes & Graven, Chartered.
� 2. The address af the fum is: Holmes & Graven, Chartered
470 Fillsbury Center
Minneapolis, MN 55402
The firm's telephone number for the switchboard is (612) 337-9300. In addition, each attorney has a direct
dial number. Our fax number is 337-9310. In the event that line is busy, the call will automatically roll
� over to our second fax machine.
The St. Paul office address is: 1616 Pioneer Building
336 North Robert Street
S� Paul, MN 55101
Robert Long currently occupies this office on a part-day basis. The telephone number for the St.Paul office
• is (612) 225-4938. Ca11s are automatically transferred to the main switchboard in Minneapolis if there is
no response on the third ring.
3. hlistory and background of the frrm:
Holmes&Graven was forrned in 1973 as a professional legal corporation and has continued doing business
� under such name for 21 years. On November 1, 1989 the municipal law and public finance departments of
. LeFevere, Lefler, Kennedy, O'Brien & Drawz merged into the fum bringing with them over 50 years of
experience in the area of municipal law. The firm specializes in municipal law, public finance, lirigation,
condemnation law, employment law, environmental law, securiries, and legislative lobbying. Holmes &
, Graven's experienced staff of attorneys and other professionals takes pride in the firm's broad understanding
of the legal, economic, and polidcal envirorunent facing municipalities and other public sector agencies in
Minnesota.
•
From its very beginning,the firm has been extensively involved in the representation of municipalities and
public sector clients. The firm represents the following govemmental units as general counseL•
City of Brooklyn Center City of Robbinsdale
City of Crystal City of Sandstone
� City of Independence Lake Minnetonka Conservation District
Ciry of Lauderdale White Bear Lake Conservation District
City af Loretto Lacal Govemment Information Service (LOGIS)
City of Medina Hennepin Recycling Group (HRG)
City of Mounds View Subwban Rate Authoriry (SRA)
City of New Brighton Minneapolis P�blic Housing Authority
City of Richf'ield
•
We also serve as general counsel to numemus Economic Development Authorities and Redevelapment
Authorities:
Brooktyn Center Richfield
Bumsville Robbinsdale
Chanhassen Saint Cloud
� Columbia Heights Scott County
Crystal Steams County
Dakota County Washington County
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We also serve as special counsel on an on-going basis to approximately 30 govemmental enrities,including
Bloomington, Brainerd, Burnsville, Duluth, Minneapolis, and the Red Wing Port Authority.
The firm's attomeys have tried several hundred cases to conclusion, including at least 50 jury trials.
� 4. Specific quali�cations of the firm to p�rform municipal legal services:
Holmes & Graven has extensive experience and expertise in praviding municipal legal services in a wide
variety of azeas. This experience and expertise has been developed over many years �presenting
municipalities and other government agencies. Our specific qualifications and experience to perform
municipai legal services include:
•
a. General municipal legal experience:
ZoninQ Laws: As part of its general municipal representation our firm is involved on a regular basis
with the drafting, interpretation and application af zoning regulations. Attorneys with the firm have
drafted literally thousands of zaning ordinance amendments pertaining to such things as shoreland
regulations, development moratoriums and regulation of group homes. We have codified the zoning
• ordinances for numerous municipalities.
Land Develonment Issues: An essential element of municipal legal representation is advising clients
conceming a host of platting, land use,comprehensive plan and subdivision issues which cities face on
a daily basis. Attomeys in our firm have extensive and long-term experience in such matters. Jim
Thomson is a frequent lecturer on land use issues and has handled many significant land use cases at
� the trial and appellate levels. Two of our attomeys, Ron Batty and Steve Bubul,hold masters degrees
in urban planning. Mr. Batty has worked as a city planner for the City of New York, Bomugh of
Queens and was the Zoning Administrator for the City of Minnetonka from 1980 to 1984. Steve
Bubul worked as a land use planner from 1978 to 1984 for the Dane County (Wisconsin} Regional
Planning Commission.
Condemnation Laws: Holmes & Graven has handled both routine and complex condemnarion
� proceedings since the firm was established. Those matters are principally handled by Robert J. Lindall,
John M. LeFevre, Mary Dobbins, and Corrine Heine.
Mr, Lindall has been involved in over 3IX} condemnation proceedings, many of which have involved
commercial or industriai properties. He is co-author with John LeFevre and Mary Dobbins of the book,
Minnesota Condemnation Law and Practice. He is co-author with Mary Dobbins and Douglas Peterson
� af two articles in the Minnesota Real Estate Law Journal enritled Minnesota's Doctrines of Public
Purpose and Superior Public Purpose in Eminent Domain(Vol, l,No. 13)and 1fie Ori�ins of Eminent
Domain(Vol. l, No. 12). He was chairman of the Hennepin County Bar Eminent Domain Committee
in 1981-1982 and 1982-1983, John M. LeFevre authored Sorne Ethical Issues in the Eminent Domain
Area (Hennepin Lawyer, 1983).
Corrine Heine represents the City of Minneapolis on behalf of the Bassett Creek F1ood Control
� Commission in the acquisition of rights-of-way for the$17 million Basset�Creek Flood Control Project.
She has also handled condemnation proceedings for the Cities of Brooklyn Center, New Brighton, and
Plymouth.
MSA 429 Proiects: As city attomeys we assist the city staff throughaut the special assessment pmcess
to ensure compliance with statutory procedures. We consult with staff in the preparation of assessment
rolls, acquiring property when needed and the handling of assessment appeals. Chazlie LeFevere has
� been a frequent lecturer at continuing legal education courses on this subject, has extensive experience
in reviewing improvement proceedings in cities throughout Minnesota, and has represented a number
of cities in special assessment appeals.
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Emnlovment Law: Holmes & Graven has been actively invalved in the employment and person�l
area. Several of its auomeys have represented and advised governmental and private clients in this
area. This experience includes the following types of representation: discipline/discharge cases; race,
sex, disability and age discrimination cases; sexual harassment cases; Veterans' Preference Act cases,
reviews of personnel policies/handbooks,employment contracts,�rmadve action plans;advice on pay
• equity/comparable worth plans; labor-management contracts and the Minnesota Government Daia
Practices Act.
Holmes & Graven has primarily represented defendants in employment matters, and in particular,
government agencies. Its attorneys have defended these cases in federal and state courts,arbitradons,
the Minnesota Human Rights Department, the federal EEOC, The Minneapolis Commission on Civil
Rights, before the Commissioner of Veterans Affairs, and in informal negotiations. John LeFevre and
� Mary Dobbins are the primary attomeys practicing in the employment area.
Public Contractin� Laws: The attomeys in our firm regularly advise our municipal clients on public
cantracting matters,including reviewing contract documents and answering bidding questions. In most
cases, we are able to avoid lirigation by providing prevendve advice. Our firm has a very high success
rate in defending the few cases where contracts have been challenged. We have participated in
appellate cases that have established contracting principles favorable to Minnesota cities.
•
Envimnmental and Sut�erfund Law: Holmes & Graven has extensive experience in the practice of
environmental 1aw through the representation of both public and private clients. Bob Lindall, who
practices extensively in environmental law,was formerly the Special Assistant Attorney General for ttye
Minnesota Pollution Control Agency. Our experience includes:
� The furn has represented several clients regarding the hazardous waste siting procedures under the
direction of the Minnesota Waste Management Board. In addition, we have advised numerous public
clients regarding environmental laws, including the Minnesota Environmental Rights Act(Superfund).
The firm has served as general counsel to the Metropolitan Waste Control Commission. This has
involved work regarding sewage treatment and disposal and the Clean Water Act and its application
to local govemment units. In this connection, we have developed and insdtuted the industrial strengt3�
� charge system in the metropolitan area (both model ordinances and joint power agreements), the
industrial cost recovery system, and the waste discharge rules for the metropolitan disposal system. In
addition,we have represented the Commission in matters relating to discharge permits,on-land disposal
of waste, and lirigation regarding municipal user and connection charges.
The firm has represented the Minneapolis Community Development Agency {MCDA) in several
� environmental matters. In partieular, the firm represented the MCDA in lengthy litigation regazding
the adequacy of the Envirornnental Impact Statement on the Cedar-Riverside New Cammunities
redevelopment project. We have also represented the agency and other public clients in reviewing the
adequacy of various envimnmental documents.
Mr. Lindall represented the MCDA and the City of Minneapolis in negotiations with the MPCA and
FMC Corporation which resulted in MCDA remediadon of a contaminated site and construction b��
� FMC of a multi-million dollar research facility with over 1,000 jobs on the site. He then brought legal
action against the previous owner and recovered over$1.1 million in response costs incurred by MCI?A
in cleanup of the site and related matters.
Mr. Lindall and Mr. Gary Winter both have represented clients accused of being responsible persons
for cleanup of Superfund designated sites by the United States Environmental Protection Agency. They
currently represent the cities of Anoka,Circle Pines and New Brighton in such negotiatians relating tcj
� the Oak Gmve Landfill in Anoka County.
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Mr. Lindall regulazly advises public bodies about the acquisition of contaminated real estaie. He has
lectured regulazly on this issue and has lobbied in the Minnesota Legislature on this and many other
issues.
Fmm time to time, the firm has rendered advice to various public clients regarding the environmental
� consequences of development proposals. In addition, we have had extensive experience regarding the
issues of historic preservation, environmental impact statements and environmental worksheets.
b. Complex municipal litigation:
Since its inception, Holmes &Graven has engaged in a substandal and varied litigation practice. Jim
Thomson and Charlie LeFevere are attorneys for the League of Minnesota Cities Insurance Trust,which
� insures over 90%of the municipalities in Minnesota. In addition to our eminent domain practice,other
areas of our lidgadon practice include:
Land Use: Attorneys at Holmes &Graven ha�e litigated numerous cases involving land use decisions
of municipalities including challenges to zoning, conditional use permits, and variances. A number of
attorneys in the firm including Jim Thomson, John Dean, Charlie LeFevere and Corrine Heine have
• handled land use litigation cases at the trial and appellate court levels involving issues such as land
dedications, platting, access rights, regulation of group homes, and height restrictions.
Real Estate: Holmes & Graven has litigated cases involving real estate title disputes, mortgage
foreclosure, enforcement of purchase agreements, and cases involving claims of fraud and
misrepresentation.
� Other Liti�ation Relatin�to Municipal Decisions and Governmental Authoritv: Holmes &Graven has
litigated, on behalf of various units of government, disputes over the adequacy of provision of
municipal services, housing assistance, relocation benefits, Section 1983 claims, claims against
municipalities and other government agencies involving anti-trust liability, claims of environmental
damage, claims disputing the adequacy of environmental review processes, and special assessments.
Comnlex liti�ation: Holmes & Graven possesses the capacity to provide litigation services to its
� municipal clients in unusual and complex matters. Examples include:
- Mall of America Proiect: Attorneys with the firm handled much of the litigarion arising out of the
Mall of America projec� 1fie cases involved a variety of issues ranging from property acquisition
to bond refinancing.
� - Calhoun Beach Liti�arion: Jim Thomson represented the Ciry of Minneapolis in a lawsuit arising
out of the proposed construction of a highrise condominium project on Lake Calhoun. The lawsuit
involved numerous parties and counterclaims. Mr. ThomsQn has also represented the City of
Bloomington in a similar matter.
�
- Citv of Minneat�olis Warehouse District: Jim Thomson and Corrine Heine represented the City
of Minneapolis in several lawsuits pertaining to the Minneapolis War+ehouse District. The lawsuits
� invalved complex real estate matters pertaining to the Minnesota Marketable Title Act, access
rights, and alleged abandonment of rights-of-way.
- Cedar-Riverside Environmental Defense Fund v. Hills: Holmes & Graven represented the
Minneapolis Housing and Redevelopment Authoriry in this challenge by a neighborhood group to
the adequacy of the Envimnmental Impact Statement (EIS) drafted by HUD to assess the
implicarions of the proposed "new town in town" for the Cedar-Riverside area. This case was
� substanrial and complex, involving a trial at the district couR level and an appeal to the Eighth
Circuit Court of Apgeals.
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- Onen Meetin� Law Cases: Jim 'Ihomson represented the City of Hibbing in a recent case
� involving a lack of application of the Open Meeting Law.
- Cedar-Riverside Associates v. United States of America: Holmes & Graven represented the
MHRA in this case involving numemus claims by a developer against federal and local agencies.
• The claims included breach of contract, mismanagement of govemmental assistance programs,
Secrion 1983 claims and and-trust claims. This case involved over 50 depositions, numerous
motions to the district court, appointment of a receiver, and several appeals to the Eighth Circuit
Court of Appeals.
- Council of Lar�e Public HousinQ A�encies (CLPHA) v. HUD: Holmes & Graven acts as local
counsel for MCDA in this lawsuit commenced by CLPHA and several local housing authorities
� against HUD in a challenge to HUD's attempt to recapture certain subsidies to the local housing
authorities.
- Hovt Construction v. MHRA: Holmes & Graven successfully defended this lawsuit brought by
a local contractor against NII3RA on grounds that MHRA had arbitrarily and discriminatorily
awarded contracts and enforced contract specifications.
� T'he litigation experience of Holmes & Graven, only a small portion of which is described above, has
given the firm and its litigation departrnent uniquely broad experience and expertise in virlually all azeas
of litigation in which a public entity could become involved.
c. Spec�Cilty areas of munic�pat practice:
� Joint Powers: The firm has extensive experience in the laws affecting joint powers organizations. We
have prepared numerous joint powers contracts for groups of municipalities for various purpases. We
currently serve as general counsel to several joint powers entides, such as the Hennepin Recycling
Group, the Local Govemment Informadon Service (LOGIS), the Suburban Rate Authority and the
Minnesota Police Recruitment System (MPRS).
Le�islative: Holmes &Graven has for many years been active in legislarive matters on behalf of our
• clients. Our firm was primarily responsible far drafting the Uniform Tax Increment Act,the Municipal
Housing Finance Act, the commercial rehabilitation law, and the 1982 interest reduction legislatian.
We ha�e drafted and lobbied many amendments to Chapter 462, the Industrial Development Revenue
Bond Act,the Municipal Housing Finance Act,tax increment laws, and various other statutes on behalf
of the National Association of Housing and Redevelopment Officials as well as individual clients.This
includes, for example, legislation to equalize tax disparities between border cities enacted during the
� 1983 session on behalf of Moarhead, Minnesota and the 1984 industriat development bond allocation
legislation.
The firm has also been involved in federal legislation. Through the offices of fornier Congressman
Frenzel and Congressman Sabo and Senator Durenberger, we have drafted and consulted with respe�t
to much housing and development legislation, including the 1980 Ullman legislarion, the housing
provision of the Tax Equity and Fiscal Responsibility Act of 1982 and the Tax Reform Act of 1984.
•
Dave Kennedy served as the legislative representative for the League of Minnesota Cities from 1960
to 1967 and was a member of the Senate Counsel staff from 1969 to 1971. The firm has also
represented the League of Minnesata Cities with respect to certain tax exempt financing provisions of
the Tax Reform Act of 1986. Attomeys with the firm have been active in the review and modification
of proposed legislation to modify the land use provisions of Minnesota Statutes, Chapter 462.
� Real Estate: Much of the firm's acdvities involve in one way or another issues pertaining to land and
its ownership. In addidon to our condemnation and general real estate litigation activiries, we handle
coundess real estate transactions for the clients of the firm. In that connection we have gaineti
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extensive experience in issues affecting dtle and have handled many proceedings necessary to establish
and to clear title to land.
Larry Wertheim is an adjunct professor of real estate at William Mitchell College of Law. Mr.
Wertheim and Mr. Lindall have been certified by the Minnesota Bar Association as Real Property Law
� Specialists.
Public Housin�: Holmes & Graven has extensive experience in representing and advising various
housing and redevelopment authoriries throughout the state in connection with their operation of public
housing and other federally-assisted housing programs. Among the public housing authorides to which
Holmes & Graven has provided such services are the Muuieapolis Community Development Agency
and its predecessor,the Minneapolis Housing and Redevelopment Authority.In the course of providing
� such representation the firm has had the oppommity to research such areas as sufficiency of admission
procedures and criteria for public housing tenants, including handicapped and disabled persons, "good
cause" requirements for evictions of public housing tenants, and due process hearing requirements for'
denial of admissions to public housing and evictions from public housing. The firm's involvement has
not been limited to the federal public housing pmgram, but has included the giving of advice to, and
representation of, public housing agencies concerning the development and operation of the federal
� Section 8 existing housing program.
In addition to giving general legal advice and assistance conceming the public housing and Section 8
housing programs,the firm has also represented numerous public housing agencies in litigarion arising ,
out of their operadon of public housing and Section 8 housing programs.
Ordinance Codification: We have codified the city codes for the Cities of Crystal,Inver Grove Heights,
� West St.Paul,Brainerd,Plymouth,Richfield,Hopkins,Independence,Richmond,LMCD,Robbinsdale,
South St. Paul, and Melrose.
Charter Commissions: We presently serve as attorneys to the Charter Commissions in Crystal,
Brooklyn Center, Ptymouth, Albert Lea, Moorhead, and Lino Lakes.
d Municipal finance and bond counsel:
• :
Holmes & Graven has a broad base of experience in connection with the issuance and sale of public
debt, whether at the local, regional or state level. We have acted as bond counsel, underwriter's
counsel, company counsel and issuer's counsel in issues of general obligation bonds, taac increment
revenue bonds, industrial development bonds and single family and multifamily housing bonds. We
played a central role in the drafting of Minnesota's tax increment, industrial development bond ani
� housing bond legislation. The addition"of the public finance depariment of LeFevere, Lefler, et al to
Holmes & Graven in 1989 has strengthened our capaciry in this regard.
The firm has served as bond counsel for over 1,000 municipal bond issues in the states af Minnesota,
Wisconsin, North Dakota, South Dakota, Arizona, Georgia, Illinois and California, and is natianally
recognized as an expert in atl types of municipal financings. The types of bands for which we have
acted as bond counsel include essenrial function bonds, industrial development bonds, multifamily
• housing bonds, airport bonds, bonds for facilides for the furnishing of sewage facilides, faciliries for
furnishing water, electric energy, gas or hearing and cooling, single family mortgage bonds.
redevelopment bonds, and 501(c)(3) bonds As bond counsel,we have structured bond issues secured
by a bmad range of types of credit, including the full faith and credit of the municipal issuer, tax
revenues,tax increment revenues,the credit of the non-public borrower or guazantor,direct and standby
letters of credit, inswance policies, federal insurance programs and common bond fund pools.
� The majority of the municipal financing with which we have been involved have utilized tax-exempt
financing,but we have also participated in taxable municipai financings. In addition to numemus ci6es,
counties and redevelopment authorities in the State of Ivtinnesota, we serve as bond counsel to the
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Dakota County Housing and Redevelopment Authority, the Washington County Housing and
Redevelopment Authority, the Job Opportunity Bond Program of the Redevelopment Authority of the
City of Milwaukee, the City of Duluth, Minnesota and the Minneapolis/Saint Paul Housing Finance
Board. See Appendix 7 for listing of bond issues from 1990 through 1993 for which Holmes&Graven
served as bond counsel.
� e. Municipal labor and employment law experience:
Holmes & Graven has been since its inception, actively involved in the employment/personnel area.
Several of our attomeys have represented and advised govemmental and private clients in this area,
The firm's litigation department has devoted substantial time and resources to the litigation of
employment cases. This experience includes the following types of representation: race,sex,disability
a and age discrimination cases; discipline/discharge cases; sexual harassment cases; Veterans'Preference
Act cases; advice on pay equity/comparable warth plans; reviews of personnel policies/handbooks,
affirmative acrion plans,employmentcontracts;labor-management contracts,the Minnesota Govemment
Data Practices Act, drug testing policies and Americans with Disabilides Act (ADA) issues.
Holmes & Graven has primarily represented cities, other govemment agencies and their employees in
• employment matters. �ur attomeys have defended these cases in federal and state courts, arbitrarions,
the Minnesota Human Rights Department,the federal EEOC, The Minneapolis Commission on Civil
Rights, before the Commissioner of Veterans Affairs, and in informal negotiations. Three of our
attomeys who have extensive experience in the employment area are Iohn M. LeFevre, Jr. (University
of Michigan, J.D. 1964), Mary G. I3obbins (William Mitchell College of Law, J.D. 1983), and Robert
A. Alsop (William Mitchell College of Law, J.D. 1986).
� Holmes & Graven has also advised and represented municipal entities in labor-management matters,
including grievance and interest arbitrations and contract negodations. The firm has also represented
municipal clients in workers' compensation cases.
In addition to the cities where we act as city attomey, major clients in the employmentJpersonnel area
include: Minneapolis Community Development Agency,Minneapolis Public Housing Authority,Dakota
County Housing and Redevelopment Autharity and Catholic Eldercare, Inc. The League of Minnesota
• Cities Insurance Trust has also assigned several cases in the employment area to the firm.
S. Contract manager and administratvr:
Mr. James Lemley, the firm's Director of Administration, was employed by The Minneapolis Housing and
Redevelopment Authority for twenty-two years, the last two as its Executive Director. Mr. Lemley also
� consults with the firm's housing and redevelopment authoriry clients on specialized management matters and
works very closely with client staff in the administration of legal services contracts, assignment of staff,and
budget controL
6. Number of attvrneys:
The firm has 22 lawyers comprising four deparbments: Municipal Law, Public Finance, Lidgation, and
• Corporate/Securities. The heads of those deparnnents are Dave Kennedy, Jim Holmes, John LeFevre, and
John Larson, respectively.
7. Number of panategals:
Our firm has six individuals who are classified as paralegals. T'hree of the paralegals are primarily involved
in lirigation acriviries and one each is involved primarily in real estate, municipal, and public flnance.
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• 8. Number of support staff.•
Our firm's support staff totals 24 persons, 22 of whom are involved in either administrative, accounting,or
secretarial work. We also have two law clerks.
BOAf�OF
9. OlgQ11�ZQ�01! Cjlfll'� � DIRECTORS �
i
• DIRECTOR EXECUTIVE COMMITiEE
OF
AOMINISTRATION � !
1 �
I ATfORNEYS
� I I
1 f I
I ! �
I UW ClERK8 PARALEGAL8 �
I
. �
� 1 I I �
890KKEEPING FACIUTIES MGMT SECRETAR1Al RECOROS MANAt3EMENT HECEPTIONIST
Holmes &Graven is a ptnfessional corporation. James S. Holmes, John R. Larson,and David J. Kennedy
are the principals of the firm. The principals are permanent members of the firm's Executive Committee
� which also consists of two other members fmm the firm's board of directors. The director of administration
is responsible for the implementation of the directives from the executive committee and board of directors
and for overseeing the personnel issues relating to the professional and nonprofessional staff. Secretaries
are assigned to designated attorneys. Law clerks and paralegals are available to all attomeys on an as-
needed basis.
The attorney staff is divided into four. departments. The ttu�ee departments`that wauld be iinvolved in
� providing legal services to the City of Rosemount would be the municipal depa.rtment, public finance
department, and the lidgation department. A total of 19 lawyers in the firm work in those departments.
The actual flow of wark for our municipal clients varies from city to city. In some cases ihe City Manager,
Administrator, or Clerk-Treasurer works directly with the city attomey and the flow of work is channeled
primarily through those two. In most cases, however, city staff inembers (particularly department heads)
and occasionally city council members will communicate directly with the city attomey. Over time city staff
� members tend to develop reladonships with other attomeys in our firm having expertise in their subject
matter areas, and may communicate directly with them without going through the city auomey.
14. Office locations:
We currently have two office locaiions. 1fie main office is in Suite 470 in the north tawer of the Pillsbury
� Center, in downtown Minneapolis locaied at 6th Street South and Second Avenue. Our St. Paul office is
in Suite 1616 of the Pioneer Building in downtown St Paul located at 336 North Robe�t Street on the comer
of 4th Street and Rabert Street, across the street from the Federal Court Building.
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B. SPECIFIC RESPONSES TO REQUEST FOR PROPOSALS
1. Response to �tems a.-1.:
a. Areas of expertise:
� See responses in Section A.4.a.-d. on pages 2-6 of this proposal.
b. General qua 'l�'ications:
See responses in Section A.4.a.-d. on pages 2-6 of this proposal.
� c. Scope of wo�k abilities:
See responses in Scope of Work section B.2. on page 14 of this proposal.
d-f. Attorneys,paralegals and support personnel experience, qualifications and avaiCability:
� The attomeys who will be supplying special litiga6on, employment, and personnel law services to the
City of Rosemount are John LeFevre, Jr. as lead city attomey, and Mary Dobbins and Robert Alsop'
as backup attorneys if Mr. I.eFevre were ever unavailable due to illness or family emergency. In
addition to these attomeys, the members of our paralegal staff who will be supplying services to the
Ciry of Rosemount in this area are Connie Herbst and Karen Carlsan.
(1) Relevant academic training and degrees:
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� Information regarding academic training and degrees for each of the attomeys and paralegals listed
in B.l. above can be found in the individual resumes attached at Appendix L
(2) Prior mun�cipal experier�ce and'estimate of percentage of public sector employer experlenc�
from 1990 through 1994:
i -- John M. LeFevre, Jr.: Mr. LeFevre has extensive experience representing and advising
municipalities and other government agencies in employment and labor law matters,including
litigation, grievances, arbitrations, and contract negotiations. Apgroximately 70-8�% of his
time has been spent in these areas fmm 199Q to 1994. (See individual resume attached in
ApPendix l.)
� -- Marv G. Dobbins: Ms. Dobbins has extensive experience representing municipalities a�
their employees in employment litigation matters. Approximately 70-80°l0 of her time has
been spent in these areas from 1990 to 1994. (See individual resume attached in A�endix
l.)
-- Robert Alsov: Mr. Alsop has also worked extensively in employment litigation matters
• involving cities and their employees. Approximately 50%of his time has been spent in these
areas from 1990 to 1994. (See individual resume attached in Appendix 1.)
-- Connie Herbst: Ms. Herbst is a paralega� with our firm. Approximately 409'0 of her time is
spent on employment and labor matters.
-- Karen Carlson: Ms. Carlson is a paralegal with our firm. Approximately 259'0 of her time
is spent on employment and labor matters.
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Because our firm practices so extensively in the areas of municipal law, we have a large number
of auorneys who are able to provide supplemental assistance or special expertise, as needed.
Examples of such assistance which would be available to the City of Rosemount are as follows:
-- Condemnation - Robert J. Lindall (75% of time in such practice.)
� -- Planning and Development - Ronald H: Batty and Steven J. Bubul, both of whom hold
Masters Degrees in Urban Planning (50% of time in such pracrice.)
-- Tax Increment Financing - Dave Kennedy and John Dean (50% of time in such practice.)
-- Data Practices and Open Meedng Law - Comne Heine (20% of time in such pracrice.)
�
A camplete description of prior municipal experience for each individual listed above can be found
in the individual resumes attached at Appendix 1.
(3) Current principal responsibilities for lead attorney:
� We propose that John LeFevre,Jr. would act as the lead attomey on special litigation,employment
and persannel law for the City of Rosemount. He would be available for all City meetings and
legal work requested by the City.
As lead attomey, Mr. LeFevre would have primary, day-to-day responsibitity for all of the city's
special litigation, employment, and personnel law matters. At Holmes & Graven, our pracdce is
for the city attorney to perform as much of the city's work personally as is possible and in the
r city's best interes� Most of the general work, as well as matters within an area of specialization
of the city attomey,would be performed personally. Specialized matters outside the city attomey's
expertise or matters which another attorney can handle more quickly would be assigned to
someone other than the city attomey.
Mr. LeFevre would be available to serve as the speciallitigation,employment, and personnel law
� attomey for the City of Rosemount for as long as Holmes &Graven serves as legal counsel to the
City.
(4} Proposed allocation of work between lead auorneys and junior partners, associates or
paralegals:
Holmes & Graven has six attorneys who serve as city attorneys and whose work is exclusively,
� or almost exclusively,limited to representing public entiries. Collectively,these six attomeys have
o�er 100 years experience as municipal attomeys. In the rare event that the designat� city
atiorney is unavailable and cannot be reached within a short period of time, emergencies can be
handled by one of the other municipal attorneys.
Wlxn it is more efficient and economical for the city,certain work for our municipal clients may
` be assigned to clerks or pazalegals working under the direct supervision of the responsible attomey.
All other work, however, is handled by a licensed attorney. Municipal clients are sometimes
frustrated when legal work which they regard as important is assigned to junior or less experienced
attomeys. At Holmes &Graven,municipal work is assigned to experienced attomeys. Work for
our municipal clients is most often done by the designated city attorney. Work is assigned to other
attomeys primarily in cases in which they have greater experience or expertise or are able to
complete the projeet more promptly. In all cases, however, the designated city'attomey remains
responsible for the work and for monitoring its progress in the office. ,
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Mary Dobbins and Robert Alsop would be the primary back-up attorneys assisting Mr. LeFevre
in performing the general civil litigadon work for the Ci'ty. Ms. Dobbins and Mr. Alsop would
remain available to provide this assistance throughout the contract with the City of Rosemount.
g. List of municipal references:
� The firm has represented hundreds of Minnesota cities from 1988 to 1994 in various capacities,
including general counsel, special counsel and bond counsel. A complete listing of those cities would
be pmvided upon request. See Appendix 2 for a listing of other municipal and government clients.
(1) Municipal Client References:
i ' David Childs, City Manager Samantha Orduno, City Administrator
City of Minnetonka (former New Brighton Manager) City of Mounds View
14600 Minnetonka Blvd. 2401 Highway 10
Minnetonka, MN 55345 Mounds View, MN 55112-1499
{612) 939-8200 (612) 784-3462
� James Prosser, City Manager Francis Hagen, Sr., City Manager
Ciry of Richf'ield City of Rabbinsdale
670�Portland Ave., S. 4221 Lake Road
Richfield, MN 55423 Robbinsdale, MN 55422
(612) 968-9705 (612) 537-4534
Jerry Dulgar, City Manager Gerald Splinter, City Manager
� Ciry of Crystal City of Brooklyn Center
4141 Douglas Drive North 6301 Shingle Creek Parkway
Crystal, MN 55422-1696 Brooklyn Center, MN 55430
{612) 531-1000 (612} 569-3300
(2) Listing vf previous/current experience and'municipakty refe�ence:
� The City of Rosemount is encouraged to contact the chief administrative officers, mayors and
councilmembers of thase cities listed in section A.3.where we set�ve as ciry attomey: Robbinsdale,
Richfield, Crystal, Brooklyn Center, Lauderdale, New Brighton, Mounds View, Medina,
Independence,Loretto and Sandstone. See Appendix 2 for a listing of other cities and government
agencies represented by Holmes& Graven.
� h. Listing of previous/current acrivilies performed for the City of Rosemount;
Holmes &Graven is not currently providing any legal services for the Ciry of Rosemount. Holmes &
Graven had performed legal services in connecdon with certain projects in Rosemount: a commercial
rehabilitation loan program, a tax increment modification, the Rosemount Center shopping center
project,and a$175,000 Fridlund Group Partnership commercial project. See Appendix 3 for a detailed
listing of these legal activities.
�
i. Con,tldct o,f uaterest:
(1) Holmes&Graven does not have any past or present clients which would create a canflict with our
ability to serve as city attomey.
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(2) Holmes & Graven does represent some number of real estate developers. We do not, however,
currendy represent any developers in any transactions with the City of Rosemount or Dakota
County. In addi6on,it is our firm's golicy to never represent a developer in any matters involving
a local government unit we represent.
� (3) Holmes & Graven is currently general counsel to the Dakota County HRA. We also have done
extensive bond counsel work for the City of Bumsville and serve as general counsel for the
Bumsville EDA.
(4) Each attomey in our firm has a computerizeci listing of all clients to review for potenrial conflicts.
If a patential conflict exists we notify each client. If an actual conflict exists, we would withdraw
from representing either client unless both clients consent to our representation.
�
Nearly all of the work of our firm involves the representarion of governmental clients. Therefore,
unlike firms with a substantial clientele of developers or business investors, we very rarely find
that we have a conflict of interest.
j. Library, research and production capabikties:
�' The firm's primary areas of expertise - govemmental representation, litigation and municipal finance
- are characterized by right time lines and impartant deadlines. Our attorneys and staff are quite
accustomed to work assignments on short notice and have developed internal working relationships that
assure prompt, effective responses to our clients' needs. Our array of duplicating equipment, word
processing equipment and electronic communicadons enables us to ensure those prampt and efficient
documents preparation,retrieval and modification, and quick response time for legal reports or rnemos
� requested by the City.
The firm utilizes automated word processing equipment. Day and night operators of this equipmern
assure rapid turnaround of required legal documents. All word pmcessing equipment is compatible,
and therefore, all units can be dedicated to one project simultaneously, if necessary, to meet unusually
demanding deadlines and priorities.
� The firm maintains a full service legal library of over 5,000 volurnes consisting of: appellate reports;
t�, labor, eminent domain and employment periodical services; and standard legal encyclopedias and
texts on all phases of municipal law. In addirion we have convenient skyway access to the Hennepin
Counry Law Library, probably the best in the state, to which we are a subscriber with full withdrawal
privileges. We maintain a centralized research file of inemoranda and forms on a11 aspects of municipai '
law.
� LEXIS legal research computer system gives us virtually immediate access to most legal and technical
publications and to research throughout the nation and the world.
The firm utilizes in-house and commercial delivery service and have telecopier-fax capabilities for
instant transmission and reception of documents.
� k. Descriptdon of Fees:
(I) Number, names and bilkng fee of attorneys:
Holmes & Graven believes that the City of Rosemaunt would achieve the best results and most
cost effective use of legal services if the firm chosen to provide city attorney legal services also
provided special litigation, labor, and employment legal services. Holmes & Graven, with an
� extensive experience in all azeas of municipal law,including litigation,employment,and labor law,
could provide such comprehensive legal services to the City of Rosemoun� This would avoid the
duplication that would otherwise occur with two different firms providing these senrices.
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Hourly Rate for All Employment and Labor Legal Services:
John LeFevre, Jr, Attomey $110 per hour
Mary Dobbins, Attomey $110 per how
Robert Alsop, Attomey $110 per hour
�
Hourly Rate for Employment and Labor Litigation Services:
John I.eFevre, Jr. Attorney $120 per hour
Mary Dobbins, Attorney $120 per hour
Robert A1sop, Atiomey $120 per hour
(2} Number, names and bilhing fee of paralegals:
�
Hourly Rate for All General Legal Services:
Connie Herbst, Paralegal $70 per hour
Karen Cazlson, Paralegal $70 per hour
Law Clerks $60 per how
i (3) Number of supporting personnel and biUing fee:
The firm's support staff do not supply work directly to the City of Rosemount and therefore the
City is not charged for their services.
(4) Billing incremen�
• The firm bills its time in .OS hour increments. The minunum increment for any billed service is
.OS hours. The firm will provide monthly billing statements in a foimat approved by the City of
Rosemoun�
(5) Other costs:
� The firm will bill its out-of-pocket costs for such things as postage, long distance telephone calls,
and computer assisted research. Copying costs are reimbursed at.20 per page and mileage at.20
per mile.
Billing for Miscellaneous Expenses:
Minimum Billing Increment .OS how at hourly rate
Photocapying Charges $.20 per page
� Travel Time, if applicable $ None
Mileage Charges $.20 per mile
Faac Charges $.50 per page
Westlaw or Le�s Fees(See * below) $1.08 per minute
Phone Charges $ None
Other Charges: Messenger/Express Mail $ Actual Cost Charged
� * The fee quoted above reflects only the basic minimum service available on Lexis. Due to the
varying charge for types of seazches, this fee has not been included in the above fee and will be
charged at the actual cost on a per search basis plus applicable sales ta�c.
(6) Rate for City Council attendance:
The rate for City Council meeting attendance, if necessary, will be $100.00 per hour.
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(7) Mvnthly billing statemen�
A detailed statement of services rendered to the Ciry of Rosemount will be sent on a monthly basis
describing the date of service,the work performed,the attomey or paralegal supplying the service,
the time spent performing the service, the hourly fee and the incremental fee actually charged to
� the City. Holmes & Graven will provide a monthly billing statement in-any format the City
chooses.
� Financial Report:
Holmes & Graven has a very strong financial base. As a closely held professional associarion,
• however, we are reluctant to make a disclosure of our financial data that could be made available to
the general public. We would be willing, however, to make our most recent financial statemern
available to the city administrator for his confidential review. Reference to Appendix 3 will
demonstrate the long and condnuous reladonships we have had with cities as city attomey. The firm's
fmar�ial situation has never had an adverse effect on any client of the firm.
2. Scope of work for special legal counsel:
�
a. Holmes & Graven has extensive experience and expertise in all these areas. See Section 4.a.-e. on
pages 2-7 of this proposal. We could work very effectively under the coordination of the City Attamey
or City Administrator.
b. Holmes & Graven will meet at any time upon the request of the City Administrator.
• c. Because of our extensive experience serving as city attomey for other cides, Holmes & Graven would
be very comfortable being given duties that are normally the responsibility of the City Attomey.
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C. DISCLOSURES AND ASSURANCES
'The applicant hereby assures and certifies:
L lfiat the individual signing the assurance form on behalf of the individual, partnership, company or
� corporation named in the proposal possesses the legal authority to bind the firm by contrac�
2. In connecdon with this pmposal and any subsequent contract the consultant sha11 not discriminate against
any employee applicant for employment because of race, color, creed, religion, national origin, disability,
age, sex,sexual orientation or status regarding public assistance in accordance with federal ar�d state law and
local policy.
� 3. The consultant agrees to comply with all applicable federal, state and local compliance requirements.
4. That the firm is adequately insured to do business and perform the services proposed.
HOLMES RAVEN, CHARTERED Address:
� 470 Pillsbury Center
By: "--� Minneapolis, MN 55402
J R. Larson (612) 337-9300
ice President
Dated: June � 1994.
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JOHN M.LEFEVRE, JR.
EDUCATION: J.D., University of Michigan, 1969.
B.A., cum laude, Williams College, 1966, Phi Beta Kappa
•
AFFILIATION: 1970 admitted to bar, New York
1973 U.S. District Court, Westem Dist. of New York
1977, Minnesota
1978 U.S. District CouR, Dist. of Minnesota and U.S. Court of Appeals (8th Circuit)
� Referee, Hennepin County Conciliation Court, 1981-1992
MEMBERSHIPS: Hennepin County and Minnesota State Bar Associations
Minnesota Trial Lawyers Associadon (MT'LA)
Captain, U.S. Marine Corps Reserve, 1970-72
M
CONCENTRATIQN: Litigation; Employment Law; Eminent Domain Law
EXPERIENCE: U.S. Marine Coms JAG Pro�ram, 1970-72. Tried numerous general and special court
martials in Califomia and Okinawa before military judges and juries.
� Monroe Counri Le�al Assistance, Rochester, New York, 1973-77. Litigation work in state
and federal courts. Worked in most areas of poverty law, including employment claims,
housing law,welfare rights, family cases, commoner cases, and others. Most work involved
litigadon,including class actions,as well as administradve proceedings. Appearances in state
supreme court,appellate division and court of appeals,as well as federal district court in New
York.
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Holmes & Graven Chartered 1977-present. Civil litigation specialty, particularly for
government clients. Pracdce includes federal and state court discrimination claims for
government defendants, including successful modon to prevent MHRA fmm being added to
Minneapolis school desegregarion lawsuit before Judge Larson in federal court. Successfully
defended mayor of city before U.S. District Judge Rosenbaum in discrimination case in June
1992. Lirigation on behalf of MHRA in federal court involving Cedar-Riverside project with
� HUD as a defendant before dudge Alsop. Other major litigation before federal Judge Murphy
in 1989-91. Several agpearances in federal court in Wisconsin,U.S. 8th District Circuit Court
of Appeals and in the Minnesota Court of Appeals, as wetl as Minnesota Supreme Court.
PUBLICATIONS: Co-author with Mary G.Dobbins and RobeR J.Lindall of Minnesota Condemnation Law and
Pracrice, (Butterworth's, 1990); author of Some Ethical Issues in the Eminent Dornain Area,
� 51 Hennepin Lawyer 52 (Mar.-Apr. 1982).
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MARY G. DOBBINS
EDUCATION: J.D., cum laude, William Mitchell College of Law, 1983
B.A., magna cum laude, University of Minnesota, 1979
� Phi Beta Kappa
EMPLQYMENT: 1983-present, Holmes & Graven, Chartered.
Lawyer, concentra'g in areas of employment law and litigarion, Have represented
clients in state and federal courts on employment matters, as well as before the
� Minnesota Department of Human Rights, the EEOC and the Minneapolis Department
of Civil Rights. Have also appeared in labor arbitrations and veterans preference
hearings. Conducted training in areas of sexual harassment and veterans preference.
1981-1983, Holmes & Graven, Chartered.
Law Clerk.
�
PUBLICATIONS: Minnesota Condemnation Law and Practice,(Butterworth's 199Q). Co-author with John
M. LeFevre and Robert J. Lindall
REFERENCES: Richard Rabenort, Chief of Police
� City of Medina
Matthew P. Downs, Professor
William Mitchell College of Law
Cora McCorvey, Executive Direcwr
Minneapolis Public Hausing Authority
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ROBERT A. ALSOP
EDUCATION: William Mitchell College of Law, J.D., 1986
St. Olaf College, B.A., 1981
� PROFESSIONAL EXPERIENCE:
Robert Alsop has been an attorney with Holmes&Graven since graduating from William Mitchell
College of law in 1986. He has extensive experience in all facets of civil litigation with particulaz
emphasis in the areas of municipal and employment law. He is admitteti to practice in Minnesota
Sta.te District Court, United States District Court for the District of Minnesota and the Eighth
Circuit Court of Appeals.
�
PROFESSIONAL MEMBERSHIP5:
American Bar Association
Minnesota State Bar Association
Ramsey County Bar Association
` Hennepin County Bar Association
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KAREN E. CARLSUN
EDUCATION: William Mitchell College of Law, St. Paul, Minnesota
1 st year completed
i University of Minnesota, Minneapolis. Minnesota
Bachelor of Arts, 1986
PROFESSIONAL EXPERIENCE:
Paralegal
� Holmes & Graven, Chartere.ci (September 1991 to present)
RESPONSIBILITIES: Paralegal practicing in the areas of public housing employment law civil litigadon
-- Draft pleadings
` -- Assist at trial
-- Discovery
-- Legal research
REFERENCESs Mary G. Dobbins, Holmes & Graven
Richard Rabenort, Chief of Police, City of Medina
� James Henry, Minneapolis Public Housing Authority
Wayne Lolar, Minneapolis Public Housing Authority
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CONSTANCE L. HERBST
EDUCATION: University of Illinois, Urbana, Illinois
Bachelor of Science, with Honors, 1972
r Institute of Eumpean Studies/Sorbonne
Paris, France 1970-1971
PRUFES5IONAL EXPERIENCE:
Legal Assistant
S Holmes & Graven, Chartered (November 1978 to present)
RESPONSIBILITIES: Pracdcing in various areas of litiga6on including family law, employment discrimination,
sexual harassment, personal injury, products liability, and general civil and municipal
litigation.
� - interview witnesses
- draft discovery requests and responses
- review documents and coordinate production
- draft employment responses and statements of position
- assist at trials and hearings
- appear at Conciliation Court matters
- draft dissolution documents
! - assist at deposidons
- prepare e�chibits
Johnson & Sands, P.A. (July 1972 - February 1978)
Practicing in various areas of litigation inctuding personal injury,family law,class action and
general lidgarion
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RCLT1?$2
• RL910-4
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APPENDIX 2
List of Municipal and Government Agency Clients
Represented by Holmes & Graven from 1990-1994
� Holmes & Graven invites you to contact any of the clients we have named in the preceding materials to discuss tl�
services we offer. For your convenience, the following are a few representative names and telephone numbers:
City of Albert Lea Minneapolis Community Development Agency
Paul Sparks, Jr., City Manager 507-377-4300 Michael Schwab, Land Department 612-673-5064
Jerry Luesse,
City of Bloomington 612-881-5811 Downtown Development Department 612-673-5029
� Lyle R Olson, Director of Administrarion
City of Minnetonka
City of Burnsville 612-895-4400 Dave Childs, City Manager 612-939-8200
Greg Konat, City Manager
City of Moorhead
City of Chanhassen Scott Hutchins, C.D. Director 218-299-5301
• Don Ashworth, Ciry Manager 612-937-1900
City of Ramsey 612-427-1410
Columbia Heights Housing and Redevelopment Ryan Schroeder, City Administrator
Autharity
E. "Sebe" Heintz, Chairperson 612-788-4315 , City of Richfield
Donald Schneider, C.D. Director 612-788-3417 James Prosser, City Manager 612-968-97Q5
� City of Crystal Robbinsdale Economic Development Authority
Jerry Dulgar, City Manager 612-537-8421 Bill Blonigan, Chairperson 612-537-?706
Francis D. Hagen, Sr.,
Dakota County Housing and Redevelopment Executive Director 612-537-4534
Autharity 612-423-4800
Mark Ulfers, Executive Director City of St. Cloud 612-255-7200
• City of Hibbing 218-262-3480 Jan F. Petersen, City Attorney
John A. Fedo, City Administrator St. Cloud Housing and Redevelopment Authority
Dean Otterson, Execudve Director 612-252-0880
City of Hopkins 612-935-8474
James Kerrigan, Economic Development Director Washington County Housing and Redevelapment
Authority
� Jim Heltzer,Executive Director 612-458-0436
In addition, conta.cts with the city managers and administrators af the cities referred to in this description of the fi.rm
are encouraged.
The firm represents the following govemmental units as general caunseL•
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City of Brooklyn Center City of Robbinsdale
City of Crystal City of Sandstone
City of Lauderdale Lake Minnetonka Conservation District
City of Loretto White Bear Lake Conservation District
City of Medina Local Government Information Service (LOGIS)
City of Mounds View Hennepin Recycling Group (HRG)
r City of New Brighton Suburban Rate Authority (SRA)
Ciry of Richfield Minneapolis Public Housing Authority
RCL71782
� HLA10-4
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We also serve as general counsel to numemus Economic Development Authorides and Redevelopment Authoriries:
Brooklyn Center Robbinsdale
Chanhassen Saint Cloud
Columbia Heights Scott County
� Crystal Steams County
Dakota County Washington County
Richfield
In many cases Holmes & Graven is retained to provide specialized housing, finance, economic development or
redevelopment services to cities. We act in this capa.city in Moorhead, Duluth, Rochester, St. Paul, Hibbing, Aiticin,
Grand Rapids, Maplewood, Shakopee, Eagan, Brooklyn Park, Crystal, Morris, Benson, Dawson, Excelsior, Winona,
'� Stewartville, Adrian, Austin, Willmar, Bemidji, Bloomington, Buffalo, Coon Rapids, Fergus Falls, Fridley, Hastings,
Lake City, Olmsted County,Thief River Falls,Lincoln County,Mankato,Monticello,Redwood Fa11s, Sartell,Savage,
Virginia,Waconia, Wayzata., Watertown, Bumsville and Minnetonka. These services are varied,but typically involve
the structuring and negotiating of specific transactions.
This list does not include the cities for which Holmes & Graven served as bond appmving counsel fmm 1990-1994.
` This tist is attached as Appendix 6.
The city manager or administrator for any of the cities can be contacted as a reference.
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RCL71782
• HL410-4
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APPENDIX 3
Previous/Current Activities Performed
for the City of Rosemount
� RS125 Rosemount, City of
1 Commercial Rehabilitation Program JSH JSH Closed 11/08/85
2 Tax Increment Modification JSH JSH Archived 02/02/90
3 Rosemount Center Project/Shopping Center JSH JSH Archived 02/02/90
4 $175,000 Commercial (Fridlund Group
Partnership Pmject) JSH JSH Archived 10/19/89
5 Rosemount Shopping Center
i (David Saline Project) JSH JSH Archived 02/02/90
6 U of M Property Site Development DJK DJK Closed 12/2$/92
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RGL71782
. HL410-4
i
PROPOSAL/PRESENTATION RATTNG WORKSHEET
CITY ATTORNEY LEGAL SERVICES
JULY 13, 1994
Fum:
Points Points
Possible Awarded
1. Relationship of experience to the scope of work. 30
Assess the fum's ability to perform the work based
upon nature and depth of previous municipal
exgerience.
Comments:
2. Qualifications and involvement of key 20
personnel. Rate the fum on the incorporation of �
key players including lead attorneys and support
personnel with quality experience in this area..
Comments:
3. Appaxent value of service for the cost proposed. 10
Does the firm offer acceptable service at the cost
defined? If not the lowest cost bidder, does the
firm offer sufficient value above and beyond its
competitors to justify the additional expense?
Comments:
t
•
4. Quality of presentation content. Rate the oral 10
approach of the firm with a focus on substantive
content.
Comments:
5. Responsiveness of the presenter(s) to the City 10
Councils questions. Assess understanding
composure and completeness.
Comments:
6. Ability to work with staff and Council. Assess 20
the firm's ability to communicate and work with
key decision makers for the City.
TOTAL 100
Other
Comments:
,'a�� _ b _ z�:.s� a�-,m;,,r�-� .a.,�'='�`�` =�.�v",,-�e�
. , . ,. � . ., .;_a . -• n
,,. . . ., ..,.,.v .� .
, . . . . .� . . . . , . . ,�
� .. . . . . . . � . � . . . . . . � � . . . ... . � � � � . .. . . . . � . .. '
•� � . � � � . . . � . � . . . .
PROPOSAL FOR CITY ATTORNEY
GENERAL LEGAL SERVICES
�
FOR THE
CITY OF ROSEMOUNT
PROPOSER. GRANNIS, GRANNIS, HAUGE,
EIDE, ANDERSON & RELLER, P.A.
Suite 200
126f3 Yankee Doodle Road
Eagan, Mn. 55121-2201
456-9000
FAX: 454-4232
� June 17, 1994
Cont�ct Person: David G. Keller
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TABLE OF CONTENTS
• pag�
GENERAL BACKGROUND. . . . . . . . . . . . . . . . . . . . . . . . . . . .2
QUALIFICATIONS RELATED TO REQUESTED SERVICES. . . . . . .3
KNOWLEDGE AND EXPERIENCE IN DAKOTA COUNTY. . . . . . . . . .4
LEADATTORNEY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5
INDIVIDUALS TO PROVIDE SERVICES. . . . . . . . . . . . . . . . . . . . 6
RELEVANT EDUCATION AND EXPERIENCE. . . . . . . . . . . . . . . . . . 6
�
NUMBER OF ATTORNEYS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6
PARALEGALS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7
SUPPORT PERSO1dNEL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8
ORGANIZATION AND AVAILABILITY. . . . . . . . . . . . . . . . . . . . . .8
CURRENT AND PREVIOUS MUNICIPAL EXPERIENCE. . . . . . . . . .9
ACTIVITIES PERFORMED FOR ROSEMOUNT. . . . . . . . . . . . . . . . .9 '
� CONFLICTS OF INTEREST WITH ANY OTHER CLIENT. . . . . . . .9
IDENTIFYING AND AVOIDING CONFLICTS OF INTEREST. . . . 10
LAW LIBRARY AND RESEARCH CAPABILITIES. . . . . . . . . . . . . 10
FEESAND CHARGES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
FINANCIALSTATEMENT. . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
� APPENDIX:
Organizational Chart
Financial Statement
Resumes
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GENERAL BACKGROUND:
On January 1, 1990, Hauge, Eide, Anderson & Keller, P.A. four
attorneys and staff from Grannis & Grannis, joined together to form
the present AV rated professional association (corporation) .
During the past thirty plus years, the firm and its predecessors
� have had a concentrated and highly active specialization in
municipal law. High quality, efficient and cost effective legal
services have been provided to municipal clients throughout the
southern Metropolitan Area. The attorneys have provided legal
services to the Cities of Inver Grove Heights, Burnsville,
Chanhassan, Lakeville, Farmington, Rosemount, Eagan and Savage.
In 1989, the attorneys in the firm recognized the opportunity
to merge two firms specializing in municipal representation. This
compatibility of practices as well as the compatibility of the
individual attorneys was the reason that Grannis, Grannis, Hauge,
Eide, Anderson & Keller, P.A. came into existence. The firm and
� its attorneys have been primed to represent Rosemount since the
merger on January 1, 1990. None of the attorneys regularly
involved in municipal representation has been with the firm less
that 8 years. Most of the municipal attorneys have spent their
entire careers with the firm. The firm has experienced exceptional
stability allowing for continuity of legal representation. The
addition of four experienced attorneys since the firm was a
finalist for Rosemount city attorney three years ago should enhance
the firm's qualifications.
Currently, the firm provides prosecution services for the
cities of Burnsville and Eagan and civil legal services for the
� city of Savage. The firm's representation of private clients in
other cities in regard to various real estate issues is very
helpful in providing the knowledge and perspective to neqotiate or
litigate cases with the city's best interest in mind.
The firm enjoys the luxury of having twelve very experienced
attorneys allowing specialization in other areas including tax,
probate, family law, employment, bankruptcy, persanal injury, real
estate, business, condemnation and estate planning. There are five
partners, four junior partners and three associates.
Each of the attorneys has tried cases to the court as well as
� conducting jury trials. Total number of trials exceeds one
thousand and jury trials number in the hundreds. While litigation
is sometimes unavoidable, the approach taken by the firm's
attorneys is to actively try to prevent litigation by giving advice
and direction to avoid lawsuits even being filed.
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QUALIFICATIONS RELATED TO RE4UESTED SERVICES:
As indicated above, the firm has always specialized in
municipa3 representation. The resumes of all attorneys who will
serve Rosemount are attached and show the enormous background and
experience of the firm in virtually all areas of municipal law,
including the litigation and non-litigation aspects. David G.
• Keller, Vance B. Grannis, Jr. , Paul H. Hauge and Vance B. Grannis,
Sr. have all acted as city attorneys regularly attending meetings
of the councils, commissions or boards. Rosemount would never be
lacking for an experienced attorney at any meeting should the lead
attorney become unavailable for any reason. It is standard policy
to review agenda packets in advance of these meetings, to keep an
open channel of communication with staff to be alerted to
controversial issues and to prepare when appropriate to answer
legal issues that may arise.
At least three and usually more of the attorneys have had
extensive experience providing all of the services described in the
Scope of Work section of the Rosemount RFP. Dave Keller, Vance
r Grannis, Jr. and Paul Hauge have all coordinated legal actions
involving defense by insurers including the League of Minnesota
Cities Insurance Trust. Each attarney, as well as Kevin Eide and
Mike Mayer have defended municipalities in regard to the denial af
various requests including variances, special use permits,
conditional use permits, lot splits, plats and rezoning. The firm
has handled thousands of right-of-way acquisitions and hundreds of
condemnations often involving "quick takes" pursuant to Minn. Stat.
§117. 042 . The firm's prosecution attorneys have significant
experience with injunction and criminal actions against nuisance
type uses of private property.
r Attorneys in this firm have handled all types of public
improvement projects. In addition to acquisition of easements by
negotiation and condemnation the firm has had substantial recent
experience with many difficult assessment appeals representing both
municipalities and landowners. Firm attorneys have advised city
staff and council members regarding special assessment rolls
involving assessments as high as $34,000 per industrial acre and
$15, 000 per residential lot. These have been complicated by the
existence of private sewage systems and wells. An expertise
regarding private systems, MPCA standards and ordinance enactment
and enforcement has developed as a result of these cases. The firm
has handled approximately 200 assessment appeal cases in the last
� three years and has experience in the preparation of bond
transcripts.
The firm's staff has years of experience drafting ordinances,
development contracts, planned unit development agreements,
miscellaneous tax and assessment agreements, easements, purchase
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agreements, etc. Cities the firm has represented have utilized
industrial revenue bonds and tax increment financing with the help
of the firm's attorneys.
At the present time the attorneys specializing in municipal
representation are being under utilized. That is not to say that
they are underemployed. Rather, a pa�t of their workload is for
private clients and can be delegated to other attorneys in the firm
or simply not accepted for future representation. The firm and its
attorneys are committed to municipal representation and the
• specialization of attorneys in the appropriate areas of law.
The attorneys in the firm pride themselves in being
professional and non-partisan in the handling of local government
matters. An important goal of municipal representation is to be
proactive by anticipating and addressing controversial issues
before they ripen into lawsuits. Frequently, municipal clients are •
provided with copies of and aomments regarding new case law and
legislation.
Members of the firm are residents of the City who keep abreast
of issues through the media and local involvement. There would be
� no costs to the City in bringing the firm's attorneys "up to
speed".
KNOWLEDGE AND EXPERIENCE IN DAKOTA COUNTY:
Vance B. Grannis, Jr. is the third generation of the family
that established its law firm in Dakota in 1907. Since that time
the firm has remained in Dakota County. In addition to having
tried a huge volume of cases in Dakota County, Vance has acted as
a Special Municipal Judge in South St. Paul. He was also the mayor
of Inver Grove Heights far a term. He also regularly serves as an
arbitrator in Dakota County for the American Arbitration
� Association and recently became a mediator for Alternative Dispute
Resolution
Paul H. Hauge started practicing in Dakota County in the mid
60s. At that time he prosecuted for Eagan in front of a Justice of
the Peace and later in the Municipal Courts.
Dave Keller, Kevin Eide, Debra Schmidt and Mike Mayer have
each spent their entire careers practicing in Dakota County. Each
of the attorneys in the firm has handled cases before most if not
all of the judges in Dakota County. They have a reputation for
being prepared, effective and courteous.
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LEAD ATTORNEY:
The firm is proposing David G. Keller as lead attorney for the
City of Rosemount. As lead attor ey Fe'would be responsible for
management and administration of the contract with the City.
Dave Keller started his law career in 1979 as a law clerk
preparing research for clients including the City of Eagan. From
1981 to May 1988 he acted as assistant city attorney to Eagan. In
1990 and 1991 he was assistant city attorney in Burnsville. For
• the last three years he has been the city attorney for the city of
Savage. The Savage City Council meets on the second and fourth
Thursdays of the month. Thus he has no conflicts with meeting
times and is not overextended in terms of availability to the City
of Rosemount. _
As indicated above, Dave's practice started with and continues
to be concentrated in the area of municipal law which presently
consumes about 45� of his work effort. He has had a keen interest
in municipal law since 1979 when he provided legal research and
litigation support as a law clerk in the Eagan city attflrney's
office. During the 1980s he spent as much as 70� of his time
� acquiring easements, conducting condemnation actions, defending
assessment appeal cases, and composing ordinances for the City of
Eagan. He was the attorney in charge of drafting development
contracts, planned development agreements and easements when the
growth in Eagan was at its peak. This work was consistent with
attending Eagan Planning Commission meetings and providing backup
for City Council meetings.
While representing Eagan, Dave handled several assessment
appeal cases. Most noteworthy is a case that was taken to the
Court of Appeals, Holden v. City of Eaqan, 393 N.W.2d 526, (Minn.
App. 1986) where the trial court reduced the $27,043 . 3'7 assessment
� to $5,559. 00. The Court of Appeals was persuaded to make the
unusual decision to reverse the trial court thereby reinstating the
entire assessment. In 1990 and 1991, Dave successfully represented
28 single family parcels assessed after being annexed by the city
Fiastings. As the assistant city attorney far Burnsville, he
handled difficult condemnation cases, drafted ordinance amendments,
dealt with a waste transfer station and assisted with the proposed
development of an existing landfill. As Savage city attorney Dave
has gone to the Court of Appeals regarding a medical waste
treatment facility, prepared a proposed adult uses ordinance and
rewritten the subdivision ordinance. In Savage, he has handled
approximately 70 assessment appeal cases. Five were eliminated by
� a successful motion against the joinder of 58 cases. Six of these
cases were successfully tried resulting in settlements wherein the
parties agreed to an assessment in excess of 80� of the almost
$10, 000 per home assessment. Several appeals involving commercial
property assessments in excess of $32, 000 per acre were negotiated
to small reductions acceptable to the city. As a result o� these
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cases, strategies are being developed to address the problems
inherent in the special assessment process where private wells and
sewage systems exist. Significant knowledge has been acquired
regarding failing and nonconforming individual sewage systems and
the ramifications of various statutes and rules including Chapter
7080 of the MPCA.
Dave has made numerous appearances before boards of
condemnation commissioners in Dakota County and appeaied cases to
the District Court where appropriate. In one such case for Eagan
� the commissioner's award of $60, 000 was reduced to $14, 000 by a
jury.
Litigation experience also includes zoning, subdivision,
special use, conditional use, and variance issues.
INDIVIDUALS TO PROVIDE SERVICES:
Attorneys: David G. Keller
Vance B. Grannis, Jr.
�, Debra E. Schmidt
Jay A. Tentinger
Kevin W. Eide
Paul H. Hauge
Michael J. Mayer
Paralegals: Charlene Danich
Ruth Stensgard
Secretaries: Sylvia Kelly
Lori DeLong
� Jennifer Heimkes
RELEVANT EDUCATION AND EXPERIENCE:
The resumes of all attorneys who will or may serve Rosemount
are attached. The academic background as well as prior municipal
experience is described for each attorney.
NUMBER OF ATTORNEYS:
Grannis, Grannis, Hauge, Eide, Anderson & Keller, P.A.
presently has 12 experienced attorneys with space available to add
additional attorneys as necessary. With such experienced attorneys
+ research is often eliminated or shortened by the free flow of ideas
and questions which is encouraged in the office among the attorneys
experienced in various areas of the law.
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Vance B. Grannis, Jr. has been practicing iaw for over 33
years. His municipal experience began in 1961 as attorney for the
Town of Burnsville. With his father, Vance B. Grannis, Sr. who is
of counsel with this firm, Vance, Jr. represented Burnsville in
extensive proceedings in court and before the Minnesota Municipal
Commission in regard to an attempt by the City of Bloomington to
annex the Black Dog Power Plant. He served as principal Burnsville
attorney from 1961 to 1965 and from 1978 to 1992 . Vance has tried
many cases to Administrative Law Judges, Federal District Caurt and
State District Courts, as well as juries in virtually all areas of
• municipal law. He has authored numerous land use ordinance
amendments, as well as Comprehensive Guide Plan amendments.
Paul Hauge was the Eagan city attorney from 1972 until 1988.
In this capacity, he performed or supervised all services required
as Eagan grew from a village to a major metropolitan city. Paul 's
experience includes industrial revenue bonds, bond transcripts, and
complex land use litigation.
Kevin Eide has in recent years been the litiqation coordinator
for the firm and has involved in litigation for the City of Eagan
starti,ng in 1978. He has handled several important cases including
� an unusual inverse condemnation case and junk ordinance violations.
Debra E. Schmidt has been instrumental in dealing with personnel
issues, in particular personnel policies. Michael Mayer has
handled condemnation cases and been involved in zoning code
enforcement.
Edward C. Tischleder was assistant city attorney (in house)
for the City of Bloomington earlier in his career and provided
similar services on a contract basis to Bloomington after opening
his own practice. Barry L. Wittenkeller and Jay A. Tentinger who
specialize in real estate and insurance defense, respectively, have
used their expertise to assist in municipal matters and are members
� or have been members of planning commissions. Michaei J. Dwyer
concentrates in the areas of complex commercial litigation and
personal injury. Virginia A. Dwyer provides the firm with a strong
background in dispute mediation which cities have been giving more
consideration in recent years.
PARALEGALS•
The firm has four paralegals. Charlene Danich handles probate
and real estate. In regard to municipal services, she is available
to handle the preparation and execution of real estate documents
including deeds, easements and rights of entry with the assistance
� of Ruth Stensgard who has been in charge of development contracts
and planned unit development agreements. The firm also has two
prosecution paralegals.
The firm regularly employs one or two law clerks for research
purposes.
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SUPPORT PERSONNEL:
Seven legal secretaries, one receptionist, one time and
billing clerk and one office manager are included in one of the
best support staffs in any law firm in this area. There has been
very little turnover and the firm has had the luxury of having long
term, experienced employees. Dave Keller's right hand person is
Sylvia Kelly who has been a legal secretary for the firm for over
20 years. During that time she has constantly dealt with
• municipalities and their issues. She is familiar with all of the
documents typically prepaxed for municipal clients and is able to
respond to many types of questions directly or track down Dave or
Vance, Jr. fo� prompt responses to the City.
ORGANIZATION AND AVAILABILITY:
An organizational chart is attached in the Appendix to this
proposal. Dave Keller will respond directly to all requests from
the Council and city staff. The firm's receptionist and
secretaries make it a practice to forward calls from municipalities
immediately. If the attorney is with a client or on another call,
the caller will be advised. The attorney is handed a telephone
• message slip advising him or her that the caller is on hold or
would like a call back as soon as possible. If the attorney is out
of the office, the call is transferred to Sylvia Relly who will
direct the call to Vance Grannis, Jr. , Debra Schmidt or Kevin Eide.
If the caller has been working with a particular attorney in regard
to a specific project, direct contact is encouraged.
It is the fully implemented policy of the firm that municipal
client calls are to be returned the same day. Attorneys call in
regularly when in court or attending legal education seminars.
Four of the attorneys including the lead attorney 'have car
telephones to insure prompt response time. If an attorney is not
� available, staff makes sure another municipal attorney returns the
call.
Rosemount will be given top priority by the firm. The lead
attorney and other attorneys will be available for meetings with
the City Council, City Administrator, department heads and
designated staff to discuss legal matters, proactive and creative
solutions to problems, and updates on legislation and case law.
The firm's attorneys have years of experience in all types of
municipal litigation. Dave Keller, Mike Mayer or Vance Grannis,
Jr. could handle cases involving building, housing, zoning,
� subdivision and fire codes. Debra Schmidt, Ed Tischleder and Vance
Grannis, Jr. are likely candidates for human rights claims. Kevin
Eide has the experience to help Dave and Vance with condemnation
actions and public improvement construction contract disputes.
Jay, Vance, Paul and Dave have experience with environmental
issues.
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PREVIOUS AND CURRENT MUNICiPAL EXPERIENCE:
The firm' s and attorneys ' previous and current experience in
representation of municipalities has been described as part of
their qualifications. The following is a partial list of municipal
client references. Additional references will be provided upon
request.
� Savage: Mark H. McNeill
City Administrator until March 25, 1994
One Post Road
Mason City, Iowa 504O1
Bruce R. Bullert
City Engineer
890-1045
Burnsville: Linda Barton
Former City Administrator
Now Commissioner of the Mn. Dept. of Employee
Relations 296-2914
•
Eagan: Thomas Egan
Mayor
2969 Inland Road
Eagan, Mn. 55121
452-3957
PREVIOUS AND CURRENT ACTIVITI S PERFORMED FOR ROSEMOUNT:
This firm has not represented Rosemount. However, Vance
Grannis, Jr. did pravide services in the 1960s through early 80s.
•
CONFLICTS WITH ANY OTHER CLIENT:
The firm does not repres8nt and has not represented any Iarge
businesses in Rosemount. The attorneys of the firm are not
presently aware of any clients involved in a dispute with the City
of Rosemount. One reason for this is that most of the clients have
been made aware of the fact that the firm represents
municipalities.
The firm presently provides civil legal services to the City
� of 5avage which is not contiguous to Rosemount and is located in
Scott County. Therefore, the conflict of representing a contiguous
municipality raised in most RFPs does not exist.
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IDENTIFYING AND AVOIDING CONFLICTS:
It is not difficult to avoid conflicts between clients and the
City of Rosemount as the entire firm is aware of its municipal
clients and quick to refer a client to another law firm when it
appears that a conflict may arise.
� LAW LIBRARY AND RESEARCH CAPABILITIES:
Infarmation is vital to any type of legal representation. The
firm's law library is fuliy equipped to provide current municipal
legal advice, including the Westlaw WIN computerized legal research
system. The extensive library includes specialized reference
material such as McQuillin on Municipal Corporations, Rathkopf on
Zoning, Municipal Litigation Reporter, League of Minnesota Cities
Handbook for Minnesota Cities, and the Update €or Municipal
Attorneys from Governmental Training Services for over ten years.
General but essential materials such as Northwestern Reporter,
i Minnesota Digests, Dunnell ' s Minnesota Digest, Minnesota Attorney
General Opinions, United States Supreme Court Reparter, American
Jurisprudence and the United States Code Service are also included.
The firm's attorneys have also participated in the League of
Minnesota Cities' MAP and CLEAR programs. The firm maintains
reference files of legal opinions prepared for cities thereby
reducing research time in many situations.
In addition to legal opinion files, the firm maintains form
files of documents that have been developed over the years to avoid
"reinventing the whesl" and to ensure accuracy and defensibility of
city statements, notices, conveyances and agreements.
•
FEES AND CHARGES:
BILLING RATES
The billing rate for the lead attorney would be $90 per hour.
Other attorneys will be billed at $85 per hour or lower if a less
experienced attorney can be used for a particular project. The
firm will consider a flat monthly rate or a reduced rate for the
number of hours in excess of an agreed upon monthly minimum.
r Compensation on an hourly basis has been the standard for the
firm. The rate is one that does not encourage "padding time" or
trying to make up the shortfall on "pass through" work such as
development contracts, planned development agreements and
easements. Standard rates for the various attorneys in the firm
range from $95 to $125 per hour. These rates would be applied to
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casts passed on to developers on an actual time basis. In the
past, developers have appreciated this service through the city as
the standardization of forms usually results in quite reasonable
fees. The attorneys ir� the firm are confident with the experience
and background they have, that the City of Rosemount will
experience a substantial savings in legal fees barring a sudden and
substantial increase in litigation.
Law clerk time will be billed at $45 per hour and paralegals
� at $35 to $50 per hour depending on experience and area of
expertise. The lead attorney is not shy about cutting a bill where
a service may appear to have taken longer than expected.
Attendance at City Council and Planning Commission Meetings
will be billed at one half the normal rate, $45 per hour.
Each attorney, paralegal and law clerk in the firm keeps a
daily time log with time based upon increments of . 1 hour. These
time logs include the name of the client, project or case
designation, and a brief description of the work performed. There
� is no minimum increment applied to any particular activity. In
other words, a short telephone call will result in a charge for . l
hour rather that the .2 or .25 minimum charged by many firms.
Each individual's telephone automatically displays the time
for each call.
There will be no charge for travel time to City Hall. Travel
time to and from court will usually be charged on a one way basis.
Long distance telephone calls are charged at their actual cost.
Photocopying is charged for multipage documents only. A client
code when using Westlaw allows billing actual cost to clients.
• BILLING STATEMENTS
The firm utilizes a computerized monthly billing system. Each
bill includes the information found on the attorney's time log
including date of service, the name of the individual, the amount
of time spent and the service performed. The billing also shows �
the rate for the individual providing the service. Each individual
has one or more rates encoded in the system. Each attorney reviews
the billing on which he or she is the primary attorney. The
billing system has the capacity to be organized to meet the City's
needs. Presently, it is set up to indicate the following
categories: general, council meetings, pa�rks, utilities by project
� and litigation by case name. The first page is a summary of
charges by these categories. This can be prepared annually also.
FINANCIAL REPORT:
Attached hereto in the Appendix is a letter from the firm's
11
•
APPENDIX "A"
�
�I,QA C3�.�T
MunZCinalitv
�ianager
De�a=''�ent Xeads
� Su�e�visors
-'� / /��� • .
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� p:ia�ary Attor;�ey �
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ass�stina �ttornevs _---
for s�eciz�c oro�ects � Sunaort Starf
or caszs in pa.�alegals
s�eciaiiz�d areas � gecrecaries
r
T�e solid Iines indicate the main avenues of work ilow• The
dashed lines indicate work flow for specific matt�rs, aftar t`�e workiny�
relationship has be�n established, whic:� wou?d enhanc� the ef�i�i=n�Y
and cost-e;i�ctiveness oi our supply oi services.
•
•
APPENDIX "B"
• ILLER, I�IELEN� �c COiVIP:�NY Certiiied Pu�biic :�ccvuntants
Town Cenae Protessional Buiiaina
1?60 Yank�e Doaale Road, Suite i0�, Ea�an, ivlN»121
612-�5�-0335
April 1, 199a
�
Mr. Kevin ;v. Eide
Grannis, Grannis, Hauge, Eide,
Anderson & Keller, P.A.
Town Centre Professional Bldg. , Suite 200
1260 Yankea Doodle Road
Eagan, MN SSI21-2201
. Dear Mr. Eide:
As discussed as of this date, my proiessional involve�ent wi�h the
Grannis & Hauge Law Firn began in 1.989. My sarvices over t�is
five-year period 'nave included tax prenaration, assisting in the
preparation of their fin�ncial statements, and payroll and benefi�
plan administration.
I have always conside�ed your firm to be a financially stable and
well-manaqed organization capable of ineeting its csrrent
obligations. ?'here has never been any legal actions, including
pending litigation, reflected in the firm' s iinancia� s�at�ments.
� Finally, recent professional staff additions should only i�prove
unon this trend.
If I can be of further service, please feel free to ca.Il.
Sincerely, •
Mark S . __er, CPA
•
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• �
Swett xnsurance Manaqars
io9 S. Seventh St. Minneapolis, MN 55402 �
PROFESSIONAZ LIABILIT� BINDER N0. Z888
In accordance with your �ost rec�nt inst=uctions and zn reliance tlpon
the stdte:aerit5 �ade in your applicat�onjsubmission we have effected
insurance as follows:
1. Name ot Insur�d: Grannis, Grannis, Hagtie, Eide, Anders4n
and Keller
� 2. Mailing oiddress: 1260 Yankae Doodle Road, Suite 2da
Eagan, MN 5�I21-220I
3 . Insurer: Underariters at Ll.oyd's London 10a�
Assigned policy nura�er: To Be Determined '
d . Bindsr Period From: l./19/94 To: 3/Z4/94 22:01 AM Startde3.rd
Ti�ae at the Lacation of the Insured. This binder will be
terminatsd and superseded upon delivery of farmal policy(ies) or
c�rtificata(s) issued to replaca it.
5. Coverage: Lawy�r�s Professional
Claims Made Farm
o. Limits of Liabi2ityz $1,OOQ,000 Any one elaim aad in a11. �
� inc3udinq costs and expens�s
7. Deductible{s) andjer S.I.R. : $10,400 Each and Eve�Cy Claim
incl.uding casts and expenses
S .' Polic Premium: $39,500.a0 �H� INS{IR,NG£ I� ESSl3E� PU�U�P}T TO fit�
Y MINN�;f'1'� . . r:l'� Llt�f� !f«�l.1t�i.:tii�� i+�;t, Ss2i-
Taxas. S�85 00 tlhS�fttz7 t� � � :r "�:.:i:�,;c� �ra:. • �.,:, . ,..
Total: 520,0$5.00 8U5i�i;:,' ' � .' ' ;',. � . . ., ��c;�i;,.;"�'''''
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9 . eonditions: See Addendum C��d'� 11 ii�ii ;�:,�r.;::;{,;:uj.
14. Policy Pez�iad Fram: 1/I9/94 fia: 1f19�95 ,
� 11. Forms applicable are subject to the terms and conditions of the
campany'•s palicy{ies} or c�rtificate(s� to follow, unless other'
wise specified:
12 . T�rms: Pramzum in the amount cf S20,085.Q0 is due ar_d payable
tn Swett Insuranca Manaqer 2Q days after the end of the month in
which the policy was effective. If the premiwn is not paid within
tha time specified, the insuranc� e�idenced by this binder shall
automatically tQrminate and minimum earned premium shall be due
and payable.
13 . Cancellatian: (S�e attached)
14 . This binder is issued with fihe authority of the insurer(s) and is
issued by the undersigned without any iiability whatsaever as an
• insurer. Piease inspect this binder carefully as the coverage(s)
bound may deviate from those requested on yeur original
apolication.
Producsr: Burck-Krizan Inc ' �,._
Date of issuanc�: lili/g4 „��..,�
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� APPENDIX "C"
DAVID G. KEZ�LER
Education:
Graduate of the University of Minnesota Law School in June,
1980 . Admitted to the Minnesota Bar in October, 1980 and the
� Federal District Courts.
Leqal Experience:
General
David has practiced within the City of Eagan for all but a brief
period since his admission to the Bar in 1980 . Throughout his
practice, Dave has specialized in municipal issues as well as
other areas of civil practice. He is a resident of the City of
Eagan.
� Specialties:
Tha main area of his practice has been municipal, and civil
practice, including the representation of contractors and
homeowners associations.
City Experienc�;
During the 1980�s, Dave was responsible for easement
acquisition, including condemnation, preparation of project
hearing notices, preparation of bond transcripts and the
representation of the City of Eagan assessment appeals. He has
been instrumental in ordinance drafting and drafting of
. development contracts and planned unit development agreements .
Dave has appeared as the legal representative for the City at
Planninq Commission meetings and Special Assess�ent hearings.
Finally, Dave has prepared numerous legal memoranda for the
City, has represented the City before the District Court, the
Court of Appeals and the Minnesota Supreme Court.
In 1990 and 1991, he performed similar services for the City of
Burnsville. For the last three years, he has been the lead
attorney for the City of Savage.
Memberships and Associatians:
� - Member of the Minnesota Bar Associa�ion, Dakota County Bar
Association and First District Bar Association;
- For�ner member and officer of the Eagan Jaycees;
- Charter member and former officer of the Eagan Rotary Club;
- Member of Lebanon Lodge No. 346 - Masons - Eagan;
- Member of Minnesota Valley Shrine Club;
- Member of Zuhrah Shrine Temple;
♦
�
VANCE B, GRANNIS, JR. _
Education:
C�un Laude graduate of University of Minnesota Law School, June,
1960; was assistant case editor for the Minnesota Law Review.
� Admission to the Bar of the State of Minnesota, State of
Wisconsin, Federal District Court, 3th Circuit Court of Appeals
and the United States Supreme Court.
Leqal Esperisnce:
General
Experienca in civil litigation, criminal defense, probate, real
estate, estate planning, dissolution, persanal injury,
environmental, labor law, employment law, including sex, age and
racial discrimination claims, as well as municipal law. Trial
� experience has been in courts, both State and Federal,
throughout Minnesota, Wisconsin, North Dakota and South Dakota.
Appellate experienc� has besn in the United States Supre�►e
Court, 8th Circuit Court of Appeals, Minnesota Supreme Court and
Minnesota Court of Appeals.
Vance is a former Special Municipal Judge of South St. Paul and
currently serves as an arbitrator on a regular basis for the
American Arbitration Association.
Concentrations
Vanca has specialized in areas of construction litigation,
� corporate and municipa.I law.
Memberships and Associations:
- Minnesota American Tria1. Lawyers Associations;
- Minnesota and Dakota County Bar Associations;
- First District Ethics Committee;
- Member and former Director, Inver Grove Heights-South St.
Paul Chamber of Gominerce;
- Director Minnesota Valley Humane Society;
- Director Carpenter Nature Center.
� Director International Wild Waterfowl Association
•
�
PAaI, H. HAIIGE
Education:
Graduate of the University of Chicago Law Scnool in March, 1961.
Admitted to the Minnesota Bar in October, 1961 and the Federal
• District Courts.
Leqal Experience:
General �
Paul's experience includes the general practice of law for 30
years. He practiced in Eagan part-time beginning in 1970, and
full-time beginning in 1973 . He was Eagan Township's attorney
and then Eagan City Attorney from November, 1972, at about the
time Eagan became a Village, until May, 1988 .
� Concentrations
Paul's main areas of his general practice havs been real estate,
business, probate and municipal law.
Miscellaneous F.gperience:
Paul has acted as special counsel for the Metropolitan Waste
Control Commission in acquiring easements, has repr�sented
clients before many City Councils, Planning Commissions and
other administrative boards throughout the metropolitan area.
He has also acted as hearing examiner for school district
� termination cases.
Memberships and Associations:
- Served on Board of Directors and as Secretary for certain
client corporations;
- Member and former Chair of the Minnesqta Bar Association;
- Member for I5 years of the First District Bar Association
Ethics Committee;
- Member Hennepin and State of Minnesota Bar Assaciation;
- Board member of the Eagan Lions Club for about 13 years;
� - rormer President of the Eagan Exchange Club;
- Board member and former President of the Northern Dakota
County Chamber of Commerce and the Eagan Chamber of Commerce;
- Board member af Dakota, Inc. ;
- Former church Prasident and served on many church commit�ees;
- Acted in legal advisory positions for numerous churches and
charitable organizations in the Dakota County area.
•
�
DEBRA E. SCHMIDT
Education:
Graduate of the William Mitche?I College of Law in June, 1986 .
AdmitLed to the Minnesota Bar in October, 1986 .
i
Leqal Experience:
General
Debra is an experienced and accomplished attorney in the area of
criminal law and has practiced in the City of Eagan since being
admitted to the Bar in 1986.
Concantrations
Prior to being admitted, Debra practiced for three years under
the Minnesota Student Practice Rules for the First Judicial
,� District Public Defender's Office. Debra has specialized
extensively in the practice of criminal law and practice before
the family and probate courts in areas of adoption and court-
appointed guardian ad litem work. Her other areas of
concantration have involved employment law issues, both for the
City of Eagan and private clients, such as advising on employee
manuals, drug testing policies, etc.
Memberships and Associations:
Member of Dakota County Bar Association
N Member of the State Bar Association
Member of Minnesota Trial Lawyers Association ,
Member of Minnesota Women Lawyers
Board of Directors and Secretary of Executive Board
for Community Action Council
Delegate of First Judicial District to State Bar
Convention in 1988 and 1989
Member of Dakota County Task Force on Dornestic Violence
Precinct caucus co-chair in Randolph Township
Member of County Endorsement Committee
Member and past officer of Lake Byllesby Improvement
Association
� Former 4-H Adult Leader
!
�
REVIN W. EIDE
Education:
Cum Laude Graduate of William Mitchell College of Law, December,
1978 . Admission to the Bar oi the State of Minnesota in P_pril,
� 1979, and the Federal District Court, District of Minnesota.
Leqal Experience:
General
Kevin has extensive trial experience in civil cases and is
presently seeking certification as a civil trial specialist
under newly adopted guidelines by the Minnesota Bar Association.
Additionally, he has experience at all levels of criminal
defense work, including misdemeanor and felony cases. Kevin has
practicsd in the City of Eagan since being admitted to the Bar
� in 1979 . He has represented Plaintiffs in numerous personal
injury, construction claims and commercial litigation and has
represented self-insured defendant businesses.
Concentrations
Kevin has special.ized in all areas of trial work and in real
estate.
Memberships and Associations:
� - Member and former Officer - Dakota County Bar Association;
- Former Acting Liaison Member for the Dakota County Bar
Association on the District Court Facilities Planning
Coaunittea;
- Member of the Hennepin County, First Judicial District, and
State of Minnesota Bar Associations;
- Member and former President, Burnsville Rotary Club and
Chartering Sponsor of the Eagan Rotary Club.
r
•
�
MICHAEL J. MAYER
Education:
Cum Laude Graduate of St. Mary's Col.lege, I981.
� Graduate of Hamline Universi�y School of Law, 1985, Law Review.
Admitted to practic� in all Minnesota State Courts as well as
Federal Court.
Leqal Experience: '
General
Experienced in civil litiqation includinq personal injury,
worker's compensation, dissoiution, construction litigation and
municipal law. Also experienced in felony and misdemeanor
� criminal defense.
Concantrations
Mike has concentrated his efforts in criminal prosecution,
personal injury/worker's compensation and construction law.
Mem.berships and Associations:
- Minnesota Trial Lawyers Association;
- American Trial Lawyers Association;
- Dakota County Bar Association;
� - First Judicial District Bar Association;
- Hennepin County Bar Association;
- State of Minnesota Bar Association.
Elected and Appaint8d Offiaes Held:
Board of Governors - Dakota County Bar Association
Appointed to Community Carrections Advisory Board by Chief Judge
George Hoey
First Judicial District Juvenile Public Defender
•
•
�
$ARRY L. WITTENREI,LER
� Educations
Graduate of aePaul University with Bachelor of Arts Degree in
Political Science. Graduate of Haml.ine University School of Law
• in 1976. Admitted to I1linois Supreme Court November, 1976;
Minnesota Supreme Court, April, i977; U.S. District Court (D.
Minn. ) , April, I977; U.S. Court of Appeals (Sth Cir. ) ,
September, 1983 .
Leqal Experience:
General
Member of Planning Commission, City of Burnsville, 1989 - 1990;
Barry is currently on the staff of the Minnesota Genter for Real
Estate and Housing EducationjSt. C1oud Stats University. He has
• also served on the Community Planning Task Force and the
S.P.A.C.E. Task Force for the City of Burnsville. He is
currently serving as a member of the Burnsville Financial and
Service Planning Task Force.
Concentrations
Barry primarily handles family law for the firm, including
dissolution, child custody and post decree matters. He also
handles real estate transactions and business law.
Mem.berships and Associations:
•
- Member of the Minnesota Bar Assaciation, Dakota County Bar
Association and First District Bar Association;
- Member of American Arbitration Association;
- Referee far Hennepin County Conciliation Court.
•
•
�
AARD R. ANDERSON
Education:
Cum Laude graduate of �.he University of Minnesota Law Schoo? in
. June, 1980 . Admitted to tne Minnesota Bar in October, 1980, the
United States Tax Court and Federal District Court.
Leqal Expe=ience:
General
Ward has had experience in almost eleven years of private legal
practice, including most areas of business, tax and real estate
law. He has extensive experience in the area of appeals with
the Internal Revenue Service and representation in the United
States Tax Court.
� Concentrations
Ward specializes in the areas of tax, business and real estate
law.
Memberships and Associations:
- Member of the Dakota County Bar Association and Minnesota
Bar Association
- Member of Real Estate, Probate and Tax Sections of the
Minnesota State Bar Association
•
•
•
�
EDWARD C. TI�CHLEDER
Education and Admissions:
Graduate oE the University of Minnesota (1962} and William
Mitchell Coilege of Law, 5t. Paul, Min�esota (1967} .
Admi�ted to the practica of law in Minnesota, October, 1967 .
Also admitted to practice in U.S. District Court (District
of Minnesota) , U. S. Court of Appeals for the 8th Circuit and
U.S. Supreme Court.
•
Leqal Experience:
General
Ed was a casual.ty claims adjuster from 1962 to January 1968,
originally with Allstate Insurance Company and later with
United States Fidelity and Guarantes Co. (USF&G) . In
January 1968, he became employed as Assistant City Attorney
for the City of Bloomington, Minnesota. In August 1972, Ed
entered the private practice of law. He has besn in private
general practica continually from August 1971 to the
present.
!
concentrations
Ed�s main areas of practic� are real estate, c�rporate and
small business, probate, wills, personal inju�y and
bankruptcy.
Memberships and Associations:
- Member of Kennepin County and Dakota County Bar
Associations and Minnesota Bar Association.
- Member of the Real Estate Section of the Hennepin County
Bar Association.
r - Arbitrator for American Arbitration Association and
Hennepin County District Court.
- Referee for Hennepin County Conciliation Court.
- Instructar - real estate class�es - Minnesata school of
Real Estate for ten years.
- Various civic and other organizations, inciudinq:
. Past president of Bloomington Athietic Associatidn
. Board of Directors of Bloomington Athletic
Association.
. Officer of Marian Council Knights of Columbus,
Bloomington, Minnesata.
. American Legion - Post 550, Bloomington, Minnesota.
� . Past member of Parish Pastoral Council Nativity of
Mary Church, Bloomington, Minnesota. (Also served as
lector, CCD instructor, and on various boards and
commissions for the past 30 years) .
�
�
JAY A. TENTINGER
EDIICATION: Graduate of Westmar College with a B.S. Degree and
Northern Illinois University with a MBA Degree. Graduate of
Hamline University School of Law in 1976, Admission to Bar in the
States of Minnesota, Iowa and Nebraska; admitted to appear before
the U.S. District Court (D. Minnesota. ) , and U.S. Court of �ippeals
(8th Cir.) .
r LEGAL E%PERIENCE: .
GENERAL: �
Experienced in civil and criminal litigation as a former Public
Defender, Assistant Attorney General and private practice with a
law firm engaged primarily in insurance defense.
CONCENTRATIONS:
Prior to joining the Law Fina, Jay worked as c].aims counse2 for an
insurance company located in Des Moines, Iowa. In 1987, he joined
,� a private law firm in Omaha, Nebraska engaged in insuranca
litigation. In 1988, Jay accepted the position of Assistant
Manager/Attorney with an insurance company located in the Twin
Cities area, where he handled litigation involving auto liability,
UIM, UM and no-fault; coveraqe issues; premises liability; and
general liability (especially farm owners, commercial and
agricultural reZated businesses) .
He gained extensiva experience in the defense of auto liability and
general liability litigation through those positions. He will
primarily handle auto liability and general liability insurance
litigation for the firm.
� MEMBERSHIPS AND ASSOCIATIONS:
- Member of the Minnesata Bar Association, Iowa Bar Association,
Nebraska Bar Association and Dakota County Bar Association
- Member of the Minnesota Defense Lawyers Assaciation
- On the panel of the American Arbitration Association for '
Minnesota to arbitrate cases for No Fault, UIM and UM.
�
�
� �:
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• PROPQSAL
FOR PR4SECUTION LEGAL SERVICES
FOR THE
CITY OF R03EMOUNT
i
�
�
Proposed by:
� . .. . . . . . � .. � . . . ��A:. . . . . � .
GRANNI3, GRANNIS, HAIIGE, EIDE
ANDERS�N & RELLER, P.A,
1260 Yankes Doodis Road, Suite 200
Eaqan, MN 55122-2201
(612) 456-9000
�
Contact Person: Kevin W. Eide
•
Dated: June 16, 1994
�
�r
GRANNIS, GRANNIS, HAUGE,
EIDE, ANDERSON 6z KELLER, P.A.
Atrorneys und Counselors ac Law
PAUI H.HAUG£ � ZOO TOWII C2RLLe PLOE2SS10II21 B1dQ. MICHAEI J.MAYER � .
VANCE B.GRANNIS.JR.' IZ(O YflRIte2 DOOdI�R08C� . � �� DEBRA E.SCMMIDT �
KEV1N W.EIDE EBga[t,Minnesota , BARRY L.WITTENKELLER'
DAVIO G.KELLEP � � . . SS 1Z L-ZZOL � � � � JAY A.TENTINGEP+ �
� WARO R.ANDERSON Tei:�612�456-9��� EDWARD C.�'ISCHLEDEA
MIGHAEL J.DWYER' � . F3CS1RlIIe: �CIZ�q'S'4�4Z3Z � VIRGINIA A.DWYER .
VANCE 8.GRANNIS.SR.
Of Counsel
'Also a0mifted to practice in Wisconsin � . � �� . � ,,
June �.6 r 19 9 4 �Also admitted in lowa and Nebraska
. . � � .. . � 'Aiso admitted irt Ii�inois '
Thomas D. Burt, City Administrator
City of Rosemount
2875 - 145th Street West
Rosemount, MN 55068
RE: Response to Request for Proposals--Prosecution Legal Services
Dear City Administrator Burt:
Enclosed please find eight copies of the Proposal for Prosecution
Legal Services for the City of Rosemount proposed by the law firm of
Grannis, Grannis, Hauge, Eide, Anderson & Keller, P.A.
Speaking for each of the prosecuting attorneys of this firm, w� all
have the highest personal and professional respect for Shawn
Moynihan, your current prosecuting attorney. We would expect that
the City has been well served by Mr. Moynihan.
If, however, the City of Rosemount is, for some reason, dissatisfied
with the firm of Fluegel, Moynihan & Miles, P.A. , we believe that the
Grannis, Hauge Law Firm can provide unequalled prosecution services
for the communities of Dakota County. We believe that the Grannis,
Hauge Law Firm would be the City of Rosemount's best choice for
prosecution legal services for these reasons:
1. We are a Dakota County law firm and are deeply involved in all of
the communities that we serve. Our office currently has one
attorney who sits on the Rosemount Planning Commission. We have
been extremely active in other municipal boards and agencies,
community service organizations and non-profit agencies. A
number of our attorneys or staff live in the City of Rosemount.
We are constantly aware of the issues and concerns within your
community.
2. We represent the two largest communities in Dakota County.
Because of the volume of cases we handle, one of us is usually a�
the Dakota County Government Center or the Western Service Center
in Apple Valley, and would be able to handle Rosemount matters.
There will be considerable cost savings to the City in our
handling of your cases by sharing court appearances between the
Cities of Rosemount, Eagan and Burnsville.
.
Thomas D. Burt, City Administrator
June 16, 1994
Page Two
3 . We have three of the most experienced prosecutors i� the County
within one office. In addition, other members of the firm have
prosecution experience who can serve as able backup in the rare
event that Debra Schmidt, Michael Mayer or myself are unavailable
for a court appearance. We do not utilize young associates or
attorneys subcontracted outside of the firm to provide
prosecution services. Each of the prosecutors at the Grannis,
Hauge Law Firm have at least eight years of experience in
criminal law and are partners/shareholders of the firm.
4 . With three extremely experienced and knowledgeable prosecutors,
there will always be a prosecutor available for consultation 24
hours per day, seven days a week.
We greatly appreciate the opportunity to submit this Proposal to the
City of Rosemount.
Very truly yours,
GRANNIS, GRANNIS, HAUGE, EIDE,
ANDERSON & KELLER, P.A.
`
BY: c..c.',
K in W. Eide
KWE/lmd
Enclosures ' �
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TABLE OF CONTENTS
PAGE
SECTION
A. Brief History of the Firm and Resumes . . . . • -
. . . 1
B. A Description of Special Areas of Expertise Helc� by
� Members of the Firm and a Description of Their
Function Within the Prosecuting Services Role,
Including a Description of Criminal Appellate • . • + • • 2
Experience, . . • • � • • • •
C. Attorney(s) Accessibility for the City Personnel: • . • • 4
Especially Police Officers. . . . . . . . •
D. A Description of Principal Prosecutor/Legal
Counsel and How This Person Would Assure • • 5
Backup Personnei. . . . . . . . . . • • • • • • • '
� E. A Description of the Firm's Legal Library . • . , 5
and Research Capabilities . . • • • • • • • '
F. A Description of the firm's Support Staff . • • • • •
5
G. A Descriptive Detail of all Related Services That
Wi11 be Rendered in Conjunction With the Proposed ' • • 6
Prosecuting Services. . . . • • • • • • ' ' ' '
H. A List and Description of Previous and Current
Experience in Municipal Legal Services. The
Name(s) of Those Who May be Contacted in That • - • . 6
• Municipality. . . . . . . . . . . . . . . . . . .
I. A List of Previous and Current Activities Performed 7
for the City of Rosemount . . . • • • • • • • ' ' ' ' '
,7, Potential Conflicts of Interest the Firm Might �
Have Providing Services to the City . • • • • • • ' ' '
K. A Detailed Description and Explanation of all
Fees and/or Charges That May Arise For Provided • • • • �
Prosecution and Related Leqal Services. . . . . .
� . . . . . . . . . 8
L. A Recent Audit or Financial Report. .
M. References. . . . . . . . . . . . . . . .
. . . . . $
•
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A. BRIEF HISTORY OF THE FIRM AND RESUMES:
The firm of Grannis, Grannis, Hauge, Eide, Anderson & Keller,
P.A. , is made up of attorneys from the firms of Grannis,
Grannis, Farrell & Knutson, P.A. and Hauge, Eide, Anderson &
Keller, P.A.
The former firm of Grannis, Grannis, Farrell & Knutson, P.A. had
represented municipalities almost since its inception more than
� eighty years ago. During the past thirty years, that firm had a
concentrated and highly active specialization in municipal law.
The firm provided high quality, efficient and cost effective
prosecution services to municipal clients throughout the
Metropolitan Area and most notably in Dakota County. In 1989,
prior to the firm's dissolution, it provided prosecution legal
services to the Cities. of Inver Grove Heights, Burnsville,
Lakeville, Rosemount and Farmington. Vance B. Grannis, Jr. has
been personally active for many years in trial and appellate
practice, as well as in supervision of attorneys and paralegal
staff in providing prosecution legal services. Michael J. Mayer
has been prosecuting for the aforementioned Cities since 1985
• and is currently the lead prosecutor for the City of Burnsville.
The firm of Hauge, Eide, Anderson & Keller, P.A. has also had a
concentrated practice in providing high quality prosecution
legal services. George H. Haey of that firm began prosecuting
for the City of Eagan in the early 1970's. Upon Judge Hoey's
appointment to the District Court Bench in 1981, Kevin W. Eide
became principal prosecuting attorney for the City of Eagan, a
position which he continues to hold today. Debra E. Schmidt
began prosecuting for the firm in 1986.
Effective January 1, 1990, Vance B. Grannis, Jr. , Michael J.
• Mayer and the principal staff supporting the prosecuting
services for the Grannis firm joined the Hauge firm, forming the
new professional corporation of Grannis, Grannis, Hauge, Eide,
Anderson & Keller, P.A. This firm continues to provide
prosecutinq services for the Cities of Burnsville and Eagan.
The Grannis, Hauge Law Firm currently employs twelve attorneys
who have joined the firm to provide highly specialized and
quality legal work for the community. Paul H. Hauge has
practiced in Eagan since the late 1960's and served as the Eagan
City Attorney for many years. David G. Keller assisted for many
years in the general representation of the City of Eagan. He
� currently is the general counsei for the City of Savaqe.
Ward R. Anderson merged his practice with this firm in 1989 and
provides primarily advice in personal, corporate and estate
taxation. Barry L. Wittenkeller merged his practice with this
firm in 1990 and provides legal services primarily in the family
law and real estate field. Mr. Wittenkeller has previously
taught in the field of real estate law. Jay A. Tentinger joined
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the firm in 1993 , after acting as supervising attorney for
claims for National Farmers Casualty Insurance Company.
Edward C. Tischleder merged his practice with the firm as of
January 1, 1994 and specializes in corporate law. Michael Dwyer
and Virginia Dwyer merged their respective practices with the
firm in May of 1994 , specializing in civil trial work and
alternative dispute resolution (arbitration and mediation) . The
firm currently employs fourteen full and part time support
� staff.
Resumes for each of the attorneys practicing with the firm and
providing prosecuting services are attached to this proposal as
Appendix "A".
B. SPECIAL AREAS OF EXPERTISE:
Kevin W. Eide received a Bachelor of Arts, Cum Laude, from
St. Olaf College and graduated from William Mitchell College of
Law, Cum Laude, in 1979 . Kevin has prosecuted for the firm for
the last thirteen years. Kevin is currently an Adjunct
� Frofessor for the William Mitchell College of Law, serving as a
supervising attorney in its Misdemeanor Clinic.
In addition to obtaining considerable trial experience, both in
criminal and civil practice, Kevin personally oversees the day
to day activity of the prosecution function within the office.
Mr. Eide has been active in prosecution work for about 50°� of
his time during the prior twelve months. In addition to his
prosecution duties, Kevin has been heavily involved in municipal
law litigation for the City of Eagan, including cases involving,
dangerous animals, junk ordinances, drug paraphernalia,
condemnation (Caponi v. Carlson, 392 N.W.2d, 511, cited in
� M.S.A. §117) and criminal appeals.
Debra E. Schmidt received her Bachelor of Science With
Distinction in Pharmacy from the University of Minnesota in
1976. She graduated from William Mitchell College of Law in
1986. Debra served as a full-time certified student attorney in
the First Judicial District Public Defender's Office for three
years during Law School, then immediately moved into prosecuting
on behalf of the City of Eagan in October, 1986. Prosecution
work comprised approximately 65% of her time during the prior
twelve months. Debra has become the lead attorney in the firm
in the area of Employment Law, assisting in the drafting of
� personnel policies for the Cities of Burnsville, Eagan and
Savage. She has also advised these Cities on other personnel
issues. Debra has represented municipal prosecution alients in
numerous trials and also, at the appellate level. Because Debra
practiced as a licensed pharmacist for seven years prior to
going to Law School, she has extensive knowledge of drug and
alcohol testing, very helpful in prosecution of driving under
the influence cases.
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Michael J. Mayer received a Bachelor of Arts, Cum Laude, from
St. Mary's College and graduated from Hamline University School
of Law in 1985. Mike began practicing law in 1985 and
immediately served as Assistant Prosecuting Attorney for the
City of Eagan. Commencing in 1986, Mike began prosecuting for
Burnsville and the other cities represented by the firm and has
gained considerable trial experience since that time. Mike also
practices in personal injury and worker's compensation law. His
� prosecution work comprised approximately 65% of his time during
the prior twelve months. Michael has also been involved in
condemnations and assessment appeals on behalf of the firm.
We have experience in prosecuting all petty misdemeanor,
misdemeanor and gross misdemeanor level offenses. Where
specialized training or lobbying has been necessary, we have
either voluntarily become involved with, or have been sought out
for advice from, such organizations as the B. Robert Lewis
House, the Dakota County Domestic Violence Task Force, the
Community Correction Advisory Board, the Drug Recognition Expert
Program, the Minnesota Highway Patrol Academy and MADD.
� We have been particularly involved in the aggressive proseeution
of domestic abuse cases and the establishment of policy for the
prosecution of these cases in Dakota County. See Appendix "B".
We have been confronted with virtually every kind of nuisance
abatement or city code violation in the representation of other
communities. Many of the communities that we have represented
contain older or semi-rural developments where code violations
are common. We have successfully represented communities in the
handling of nuisance complaints, zoning and permit violations,
junk car ordinance violations, removal and repair of hazardous
� buil.dings, and the handling of acts of civil disobedience, crowd
control and mass arrest policies, and the handling of dangerous
animals. We have been aggressive in the drafting of ordinances
for these communities in the handling of these and other
nuisances.
Our office has conducted numerous in-house training programs for
police departments in such areas as report writing, and the
handling of DWI offenses and acts of domestic abuse. Wherever
possible, we have obtained certification by the Minnesota Board
on Police Officer and Training Standards ta permit police
officers to obtain continuing education credit for these
� sessions. On an annual basis, we prepare a legislative update
for each of the police departments. This is published during
the summer months following the conclusion of the last �
legislative session. During the remainder of the year, we
immediately release copies of important recent court decisions
to the various police departments we represent as well as
commenting on how the police department should respond in the
handling of its affairs.
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Our office has been successful in the conducting of numerous
local merchant seminars in areas such as issuance of worthless
checks and shoplifting. We have issued opinions through the
police departments to local merchants in matters such as the
display of obscene or pornographic material or the obtaining af
necessary identification prior to the serving of alcohoZic
beverages.
� Because our office handles a large volume of cases for several
communities, we are able to make suggestions to the police
department for the changing of its procedures in the
investigatian of certain matters. Additionally, one community
may seek a legal opinion regarding recent case law, legisiation
or an unusual situation that has confronted that city, which
information can then be shared with the other communities that
we serve.
C. ACCESSIBILITY:
Mike Mayer resides in Eagan, close to the Rosemount border.
� Debra E. Schmidt lives in Hampton and drives through the western
edge of Rosemount daily. They will be available to stop at the
Rosemount Police Department whenever needed. In addition, the
police department will have their and the other prosecuting
attorneys� home phone numbers so that they can be available any
time, day or night.
The firm is equipped with state of the art telefaxing equipment
making document transfer between the firm and the department
exceptionally easy.
The firm will have three prosecuting attorneys principally
� involved in the representation of the City of Rosemount. The
availability of three experienced attorneys, in addition to
backup attorneys, Vance B. Grannis, Jr. and Barry L.
Wittenkeller, will provide easy access to City Staff and the
Police Department whenever a prompt response to an inquiry is
necessary.
In addition, our office has an established policy whereby the
prosecuting attorney is immediately interrupted to receive phone
calls from the City Administrator or Chief of Police. The
prosecuting attorney is immediately notified upon the completion
of a phone call or conference of any phone contact by police
* department supervisors. These calls will then be returned
promptly. Phone calls from patrol officers shall be returned in
the ordinary course of returning phone calls, however, these
shall be returned on the same date of inquiry wherever possible.
As long as it is permitted by the police department, the
prosecuting attorneys are happy to receive, and return, phone
calls during the evening hours. Each prosecutor in this office
is availabZe for telephone or personal consultation 24 hours a
day.
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D. DESCRIPTION OF PRINCIPAL PROSECUTOR/LEGAL COUNSEL AND BACKIIP
PERSONNEL:
Kevin W. Eide will be the person who is primarily responsible
for the management and administration of the contract with the
City of Rosemount. Kevin�s experience and qualifications as
prosecuting attorney are set forth in his Resume and the section
detailing the attorney's qualifications. Kevin has managed and
� administered the prosecution contract with the City of Eagan
since 1981. He is also the managing attorney for the law firm
and can hire replacement or additional support staff to support
the prosecuting attorney function. He can provide whatever
detailed billings or reports as are desired by the City. He can
schedule attorneys and paralegals as are necessary to support
the City of Rosemount.
E. THE GRANNIS, HAUGE LAW FIRM HAS THE RESEARCH SRILLS AND
CAPABILITIES TO RESEARCH ALL LEGAL ISSUES, BOTH AT THE STATE
AND FEDERAL LEVEL:
� Our law library currently includes all statutes and annotations
(case references) for the State of Minnesota and the United
States Code. We maintain current City Code volumes for each
city represented. Additionally, the Grannis, Hauge Law Firm
currently maintains the following volumes or periodicals:
Minnesota Misdemeanor and Traffic Violations - Frase
Drinking and Driving Litigation - Nichols
Defense of Drunk Driving Cases - Erwin
Search and Seizure Law Report
National Traffic Law News
Dunnell Digest
� Minnesota Digest
All United States Supreme Court Cases
All Minnesota Attorney General Opinions
Al1 Recent Volumes-Minnesota Criminal Justice Seminar
The Grannis, Hauge Law Firm has in-house hookup to Westlaw
computerized legal research system. In addition, the Grannis,
Hauge Law Firm has been approved for hookup to the TCIS system
providing direct access to the computerized records of all
criminal and traffic violations within the Dakota County
computer system. To our knowledge, we are the only firm who has
been approved for access to this system in Dakota County. This
� hookup will assist us in determininq whether defendants are
being or have been prosecuted for similar offenses which do not
appear on state or federal computerized records.
F. SUPPORT STAFF:
The paralegal support staff serving the prosecution function is
headed by Carole Soby. Carole has approximately fifteen years
experience in the prosecution/defense criminal law field, having
previously worked for the Ramsey County Attorney and Ramsey
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County Public Defender. Carole is in charge of the prosecution
paralegal staff at the firm. Carole has developed good rapport
with the police officers, police staff, attorneys and court
personnel. Under Carole�s supervision, all paralegal and clerical
support functions are completed in a timely, efficient and
accurate manner including the rough drafting and preparation for
execution by officers of all complaints required by the City, the
maintenance of docket control for all arraignment, court trial,
� misdemeanor jury trial, gross misdemeanor first appearance, gross
misdemeanor omnibus, gross misdemeanor jury trial and probation
revocation hearings, notification of all officers and witnesses
necessary for court appearance, including the drafting of
subpoenas, and the follow-up of all internal controls and
procedures with the police department. Carole is directly
responsible for the worthless check program developed by our
attorneys for the Cities of Burnsville and Inver Grove Heights
and has developed an excellent rapport with the local merchants.
Carole Soby is assisted by Valorie Mickelson. Valorie has been
serving as a full-time prosecution paraleqal since Apri1, 1993 .
� She is trained and experienced in virtually all of the
responsibilities listed for Ms, Soby. Valorie is the primary
contact person for the Eagan police officers and staff.
Carole is also supported by Teri Heimkes. Teri has assisted in
the clerical duties of the prosecution function for four years.
G. RELATED SERVICES:
The Grannis, Hauge law firm has and will provide any additional
training, support and legal opinion updates as required by the
Police Department. This includes annual legislative updates,
� updates of cases affecting the operation of the Police
Department as they are handed down by the State or Federal
Courts, assistance to the officers in report writing, in
testifying and in any other area identified by the Police
Department.
We are in a position to abtain POST certification of our
seminars which can be a considerable cost savings for the City
since we charge only for our time actually teachinq these
seminars.
Our attorneys have also provided seminars for local merchants to
� assist them and the police department in preventing and
prosecuting bad check and shopliftinq cases.
H. OTHER MUNICIPALITIES SERVICED:
Our attorneys have in the past provided prosecution services for
the City of Inver Grove Heights, the City of Burnsville, the
City of Lakeville, the City of Rosemount, the City of Farmington
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and the City of Eagan. Our firm currently provides prosecution
services for the Cities of Burnsville and Eagan and civil
services for the City of Savage. You are encouraged to contact
any of the persons listed in Appendix "D��.
I. ACTIVITIES PERFORMED FOR THE CITY OF ROSEMOIINT:
Through 1989, the Grannis, Hauge law firm, and specifically
� Vance B. Grannis, Jr. , represented the City of Rosemount in
various capacities for almost 30 years. Michael J. Mayer
prosecuted for the City of Rosemount from 1986 through 1989.
J. CONFLICTS OF INTEREST:
It is believed that the Grannis, Hauge Law Firm has represented
only one or two defendants per year in the City of Rosemount in
the last three years. To our knowledge, we have not represented
a private client in a civil dispute with the City of Rosemount
in the last five years. The Grannis, Hauge Law Firm will assist
in the retaining of special counsel to handle any conflict cases
� which would arise in the prosecution of the Rosemount criminal
and traffic matters. It is expected that this would rarely
occur (perhaps once or twice per year} . All special counsel
would be approved by the Chief of Police.
R. PROPOSED FEES AND CHARGES:
The Grannis, Hauge Law Firm would propose to charge the City of
Rosemount the sum of $3 , 500 per month as a retainer to perform
all prosecution services, attorney and paralegal, for the City
of Rosemount, subject to the following exceptions:
� 1. We shall bill to the City for reimbursement for
photocopying, Westlaw fees, fees paid to Court Reporters for
transcripts as required, fees for process service of leqal
documents, primarily subpoenas served outside of the City of
Rosemount, and other costs reasonably and necessary incurred
by our office. No charge shall be made to the City for
mileage or meals.
2 . We would charge the sum of $83 . 00 per hour for the teaching
of training sessions of police staff or police officers. No
charge would be made for preparation for these seminars or
for local merchant seminars in the areas of Issuance of
� Worthless Checks and Shoplifting.
3 . We would charge the sum of $83 . 00 per hour for the
conducting of jury trials from the point of commencing the
selection of the jury to its conclusion. City and police
department staff would have a substantial role in
establishing a policy regarding plea negotiation which would
have a direct impact on the number of jury trials which are
conducted.
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4, We would charge the sum of $83 . 00 per hour for appeals to
the Minnesota Court of Appeals or Minnesota Supreme Court.
No appeals would be taken without the prior approval of the
Chief of Police or City Manager.
5. Additional clerical time would be charged at the firm's cost
for disposition reports or reporting of prosecution data in
a form not currently maintained by our office if requested
s by the police department.
L. AUDIT OR FINANCIAL REPORT:
See Appendix .��., ,
M. REFERENCES:
See Appendix „D•�.
Respectfully submitted,
` GRANNIS, GRANNIS, HAUGE, EIDE
ANDERSON &, KELLER, P.A.
� . . . �'•'�� � � � � . . .
. � � f:'-' . . . �
B Y• ,". C..�t,� -
Ke in W. Eide
KWE/lmd
Enclosures
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� APPENDIX "A"
REVIN W. EIDE
Primary Areas of Practice
Criminal and Civil Tria1 Work, Real Estate and Estate
Planning.
Education:
� Graduate of St. Olaf College, Cum Laude, May, 1975. Graduate
of William Mitcheli College of Law, December, 1978, Cum Laude.
Admission to the Bar of the State of Minnesota in April, 1979,
and the Federal District Court.
Legal Experienae:
Kevin has handled all aspects of the Eagan prosecution from
July, 1981 to the present. Kevin has represented the City of
Eagan in a number of civil cases before the District and
Appellate Courts. He has also represented Eagan on behalf of
� the Ideal Insurance Company which held a policy acquired
through the National Sheriffs Association. Kevin has assisted
in police department coordination and training, and repre-
sentation of the Cities, in matters relating to picketing,
mass-crowd control, civil disobedience actions, forfeiture of
property, obscenity prosecution, establishment of DUI
investigation procedures and numerous other matters.
Kevin has experience at all levels of criminal defense work,
including misdemeanor and felony cases. He has extensive trial
experience in civil cases.
� Kevin has an extensive history in real estate law, having
worked for Chicago Tit1e Insurance Company from 1976 to 1978.
He has handled numerous title examinations, title registration
and post-registration proceedings and land development and
platting procedures. Kevin has initiated and represented
numerous businesses, prosecuted and defended numerous claims
for business clients and has drafted documents for the
management and sale of businesses. Kevin has represented
buyers and sellers in buy out negotiations and detailed
commercial closinqs.
Leqal Teaching
� Adjunct Professor, William Mitchell College of Law,
Supervising attorney in the Misdemeanor Clinic Program.
Memberships and Associations
- Member and former Officer - Dakota County Bar Association;
- Acting Liaison Member for the Dakota County Bar Association
on the District Court Facilities Planning Committee;
- Member of the Hennepin County, First Judicial District, and
State of Minnesota Bar Associations;
- Member and former President, Burnsville Rotary Club and
� Chartering Sponsor of the Eagan Rotary Club.
�
DEBRA E. SCHMIDT
Legal Education:
Graduate of the William Mitchell. College of Law in June, 1986.
Admitted to the Minnesota Bar in October, 1986.
Admitted to Federal District Court in July, 1990.
� Leqal Experience:
General
Debra is an experienced and accomplished attorney in the area of
criminal law and has practiced in the City of Eagan since being
admitted to the Bar in 1986.
Concentrations -
Prior to being admitted, Debra practiced for three years under
the Minnesota Student Practiee Rules for the First Judicial
District riublic Defender's Office. Her practice since 1986 has
� concentrated in the areas of criminal law and employment law.
Prosecuting for both the City of Eagan and the City of
Burnsville, she has extensive trial experience. Her employment
law practice has involved advising and representing municipal,
business and individual clients in areas such as human rights
issues, employee manuals, drug testing policies and termination
issues.
City Experience:
With her experience in criminal law, Debra immediately began
representing the City in prosecution matters following her
� admission to the Bar in 1986. She has established an extremely
good rapport with the officers from the Eagan Police Department,
inclucling numerous ��ride-alongs" with officers while on duty.
She is well known to, and highly considered by the Judges of the
First Judicial District and has received numerous Court
appointments by these Judges. She has represented the City in
criminal appeals and private clients in the Appellate Courts.
Memberships and Associations:
Member of Dakota County Bar and lst District Associations
Member of the State. Bar Association
� Member of Minnesota Women Lawyers
Past President of Board of Directors for Community Action Council
Delegate of First Judicial District to State Bar
Convention in 1988, 1989, 1990 and 1991
Member vf Dakota County Task Force on Domestic Violence
Precinct caucus co-chair in Randolph Township
Member and past officer of Lake Byllesby Improvement
Association
Former 4-H Adult Leader
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MICHAEL J. MAYER
Primar,y Areas af Practice:
Civil litigation and crirninal law
Leqal Education:
� Graduate of St. Mary's College, 1981, Cum Laude.
Graduate of Hamline University School of Law, 1985, Law
Review, top 2��.
Admitted to practice in all Minnesota State Courts as well as
Federal Court.
General Experience:
Experienced in civil litigation, including personal injury,
worker's compensation and family law. He has also handled large
� arbitration cases involving construction practices. A good
portion of Mike's practice is devoted to criminal cases
including an emphasis on prosecution. He represents the City of
Burnsville on numerous zoning enforcement and PUD compliance
cases.
Memberships and Associations:
- Minnesota Trial Lawyers Association;
- American Trial Lawyers Association;
- Dakota County Bar Association;
• - First Judicial District Bar Association;
- Hennepin County Bar Association;
- State of Minnesota Bar Association.
Elected and Appointed Offices Held:
Past President - Bar Association
Appointed to First Judicial District Community Corrections
Advisory Board by Chief Judge Hoey
Annual instructor for the Minnesota Highway Patrol
Academy
First Judicial District Probation Revocation Review and
• Planning Committee
•
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VANCE B. GRANNIS, JR.
Leqal Education:
Cum Laude graduate of University of Minnesota Law School, June,
1960; was assistant case editor for the Minnesota Law Review.
Admission to the Bar of the State of Minnesota, State of
� Wisconsin, Federal District Court, 8th Circuit Court of Appeals
and the United States Supreme Court.
Legal Experience:
Experience in: municipal law, civil litigation, prosecution,
criminal defense, probate, real estate, estate planning,
dissolution, personal injury, environmental, labor law,
employment law, including sex, age and racial discrimination
claims. Trial experience has been in courts, both State and
Federal, throughout Minnesota, Wisconsin, North Dakota and South
Dakota. Appellate experience has been in the United States
• Supreme Court, 8th Circuit Court of Appeals, Minnesota Supreme
Court and Minnesota Court of Appeals.
Vance is a former Special Municipal Judge of South St. Paul and
currentiy serves as an arbitrator on a regular basis for the
American Arbitration Association.
Concentrations
Vance has concentrated his practice in areas of municipal law,
construction and commercial litigation and estate planning.
• City E�erience:
Vance�s municipal experience began in 1961 as attorney for the
Town of Burnsville, and grew with extensive proceedings in court
and before the Minnesota Municipal Commission in connection with
Bloomington�s attempted annexation of the Black Dog Plant and
Burnsville�s incorporation. He also represented the Towns of
Inver Grove, Lakeville and Rosemount before the Municipal
Commission and was instrumental in obtaining passage of special
legislation permitting the merger of the Town and Village of
Inver Grove ta form the Village of Inver Grove Heights. He has
been directly involved in development issues, including tax
� increment financing, developer escrows and municipal financing.
Vance has served on the Inver Grove Planning Commission, as
first Mayor of Inver Grove Heights, and on various task forces
for the City and the Schaol District.
•
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VANCE B. GRANNIS, JR.
For the past twenty years, Vance has been principal andJor
backup attorney for both civil and prosecution for Burnsville,
Lakeville, Rosemount, Farmington, Chanhassen and Stillwater
Township, as well as prosecuting attorney for Inver Grove
Heights. He has also been appointed a special prosecutor for
� the Cities of Hastings and Apple Valley.
Memberships and Associations:
- Minnesota American Trial Lawyers Associations;
- Minnesota and Dakota County Bar Associations;
- First District Ethics Committee;
- Member and former Director, Inver Grove Heights-South St.
Paul Chamber of Commerce;
- Member Chamber of Commerce Inver Grove Heights Local
Issues Committee;
• - Director Minnesota Valley Humane Society;
- Director Carpenter Nature Center.
•
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BARRY L. AITTENRELLER
Primary Areas of Practice
Real Estate, Business and Family Law.
Education:
• Graduate of DePaul University with Bachelor of Arts Degree in
Politicai Science. Graduate of Hamline University School of
Law in 1976 . Admitted to Illinois Supreme Court November,
1976; Minnesota Supreme Court, April, 1977; U.S. District
Court (D. Minn. ) , April, 1977; U.S Court of Appeals (8th
Cir. ) , September, 1983 .
Legal Experience:
Member/Vice Chairperson of Planning Commission, City of
Burnsville, 1989 - 1990. Currently staff instructor at the
Minnesota Center for Real Estate and Housing Education/St.
• Cloud State University. Member of Community Planning Task
Force (1989) and the S.P.A.C.E. Task Force for the City of
Burnsville {1988) . Member of the Burnsville Financial and
Service Planning Task Force (1991) . Contributed to Minnesota
Supplement for Modern Real Estats Practice, Fourth Edition
(1985) , and Real Estate Law, Second Edition (1989) (Gieleson,
Karp and Klzyman) . Previous real estate law teaching
experience includes University of Minnesota, Anoka-Ramsey
County Community College, North Hennepin Community College and
Willmar Community College.
Memberships and Associations:
•
- Member of the Minnesota Bar Association, Dakota County
Bar Association and First District Bar Association;
1988 to present;
- Member of American Arbitration Association;
- Referee of Hennepin County Conciliation Court;
1988 to present.
•
�
APPENDIX "B"
� Community Action Council, tnc.
1502� Gla;.ier Avenue
Apoie Yaller. :tifinnesora »IZ4-6300
t61�) 431-3l13 • rax (61�) 4.i1-3683
A Unired Wa1•�±gency
Founded 1970
�june =3, :4.°3
�
KE��i n E i de , �t torne;� at Law
Gr anr�i=_� and HaUQ2 Law F i rm ��.
1?d0 YanKee �Joodle Road, Suite Z00 �� �
�aoan , MN 55121 COMMUNITY.�C':'IONCOUNCIL
Dear Mr . Eide:
i am writina to expre:s my appreciation for the rnanner in whi�h Yau
handled a recent �ialatioan vf protectian trial on arnotd „bboit . :
• accarripani ?d 'th? �littirn, Patty �bbatt , �n June 21 , 1?Q3, to 'the hearinq.
Patt;� alsa asi!ed me to e�pre:s her thanKs far the zxcelient job yo� did
an the case .
Pros�cutino domes�ic �ia1 ?ntL cases and ard�r Uialatians i'rn sure czn be
�ery frustrat i ng for %ou . On .h i: ca=e you �.uere �Jery resaectTu I and
} i =tEned c i ose i y to what Pc'tty was sa;�i ng. ��he �a� ver;� p 1 ea=_�e� �i ,h
the worcino You put in the sen.ence to keEp her as safe as po=si7le in
the �utur� - :he truly fel t someane carec+ a�,u��t trer sa�e�y. Gthen ��c��en
na�e been , or ar� in, �ioient reiationshios, it is ext;erneiy imoartant
and Val It�atfi7� — EVEtt to an "unwill inq" UtCfifi — WhEfl tr�e j�lstic3 sYs�,m
resp�nd= �yith a clear messdoe to the perpetrator , and to tne cer�uni �y,
• that uioter�ce wiil noi b� accept�d.
? cornmand you ior yc+ur creati�it�, sensiti�� itf, and c�nsis�ent,
pr�fe=__.ion�l ;eGponsa on the5e C35�4.
Qn behalf of Patty, and all women and children who ar� �ic;ims of
dornestic violence , I thanK yvu ror your e:.celient worK and continued
=upport . Ft does rnaKe a diffarenc?.
Sincerely,
�
, ,�j�J�./
Janet Isaacson
Interu?n` i��n ?rojeCt hdyvcate
8. Robert L�wis Hou=_.e
Programs
�r"'J='�ol��'�1 J Emeryenn•Sarvicu Refugee Service Cenre� d. Roberr C.awis Hovsr
B. Rooerr Lewis House Famil�•I,oan Program Seort Counn•Subsranu�buse s,i45 Nica(s Road
Cnemrcal Dependenn•Awareness/ Food Panrn Prevenriort Program c'�gan. ,i�finnesora>>121
Burnsvi/le Furniture Bank Sesua!dssault Servites 161�) 45?-738 • �as t612) 45Z-8027
Chemica!Heatrh Program/ He�P��� Transponarion
Farmingron. Gakevrila yousing Progsam volunteer Coordination /rtver Grove Hei�rtu:
Cieild Care Referrak ,lqulti Service Cenrer �oiunreer/rtcome Tax Assisrance
Clorhes Closer !o!?)457-0707 •Faz (61�) �Si-Q711
Youth Opporturtities
�
� � � � AN EOUAI OPPOfTUNITY EMPLOYEA � � � . � � � �
APPENDIX "C"
� ILLER, MELENA & COMP�NY Certified Public Accountants
Town Centre Pro£essional Building
1250 Yankee Doodle Road, Suite 104, Eagan, l�IlV>j1?1
C)12�S�-O3J�
April 1, 1994
i
Mr. Kevin W. Eide
Grannis, Grannis, Hauge, Eide,
Andersan & Keller, P.A.
Town Centre Professional Bldg. , Suite 200
1260 Yankee Doodle Road
Eagan, MN 55122-2201
� Dear Mr. Eide:
As discussed as of this date, my professional involvement with �he
Grannis & Hauge Law Firm began in 1989 . My services over this
five-year period have included tax preparation, assisting in the
preparation of their financial statements, and payroll and benefit
plan administration.
I have always considered your firm to be a financially stable and
well-managed nrganization capable of ineeting its current
obligations. There has never been any legal actions, including
pending litigatian, reflected in the firm's financial statements.
� Finally, rec�nt professional staff additions should only improve
upon this trend.
If I can be of further service, please feel free to ca1.1.
Sincerely, •
Mark S. ' er, CPA
•
�
�
APPENDIS ��Dy
Burnsville:
Michael L. DuMoulin
Chief of Police
Burnsville Police Department
100 Civic Center Parkway
Burnsville, MN 55337
� (612) 895-4600
Mr. Greg Konat
City Manager
Burnsville City Hall
100 Civic Center Parkway
Burnsville, MN 55337
(612) 895-4400
Eagan:
Patrick Geagan
� Chief of Police
Eagan Police Department
3830 Pilot Knob Road
Eagan, MN 55122
{612) 681-4700
Thomas L. Hedges
City Administrator
City of Eagan
3830 Pilot Knob Road
Eagan, NIN 55122
(612) f81-4600
•
Savage:
Gordon Vlasak and
Bruce Bullert
Acting City Administrators
6000 McColl Drive
Savage, MN 55378
(612) 890-1045
�
�
/
._ , � , CITY OF ROSEMOUNT
EXECUTIVE SIJPvIMARY FOR ACTION
CITY COUNCIL MEETIlVG DATE: JULY 13, 1994
AGENDA ITEM: CITY ATTORNEY INTERVIEWS AGENDA SECTION:
NEW BUSINESS
PREPARED BY: THOMAS D. BURT, AGENDA NO.
CITY ADMINISTRATOR
ATTAC�IlVIENTS: SCHEDULE, QUESTIONS, APPROVED BYs
EVALUATION
The following schedule has been established for interviews, questions and evaluation.
5:30 Holmes and Graven '
6:05 Grannis, Grannis, Hauge, Eide, Anderson and Keller
6:40 Severson, Wilcox & Sheldon
7:15 Larkin, Hoffman, Daly & Lindgren
7:50 Fluegel, Moynihan & Miles
8:25 Briggs and Morgan
Enclosed are copies of the proposal as well as rating sheets to be used for the proposal and
interview. A set of prepared questions are enclosed, which may be divided among the Council
prior to the interviews. There will be time following the formal questions for any informal or
follow-up questions you may have for the firms.
Each firm has been asked to make a presentation that expands upon their experience and ability,
ability to communicate, availability of key staff and service costs.
At the conclusion of the interviews, it is anticipated that the Council will have an opportunity to
discuss the presentations and come to a preliminary conclusion concerning the firm retained as City
Attorney and Prosecuting Attorney. The action itself will be place on the July 19, 1994 City
Council agenda for ratification.
RECONIlV�NDED ACTION: No�e. To be brought to July 19, 1994 City Council meeting.
COUNCIL ACTION:
�
. , �
CITY ATTORNEY INTERVIEW SCHEDULE
July 13, 1994
5:30 p.m. Holmes and Graven
6:05 p.m. Granms, Grannis, Hauge, Eide, Anderson and Keller
6:40 p.m. Severson, wilcox & Sheldon
7:15 p.m. Larkin, Hoffman, Daly & Lindgren
7:50 p.m. Fluegel, Moynihan & Miles
8:25 p.m. Briggs and Morgan
. . ,
CITY ATTORNEY/ G� LEGAL SERVICES
INTERVIEW QUEST30N5
July 13, 1994
1. How do you make complex, municipal legal issues clear and understandable for non-
lawyers on a City Council?
2. As you know, Rosemount is developing at a steady rate. Describe and give examples
of your experience with such land use, subdivision and wetland issues and your
experience with development agreements, managing disputes with developers
resolving problems.
3. Do you feel that it is more important to give prompt response to a legal issue raised
at a Council meeting or to have a full command of the facts and research before
giving the Council advice?
4. Describe how you intend to staff City Council and on occation Planning Commission
meetings. How will continuity be maintained within your office as applications and
issues progress?
5. How do you keep public sector clients informed about changes in municipal law
which affect the way they do business?
6. Give an example of your firm's proactive problem solving on behalf of a municipal
client.
7. Would you consider an alternate form of charging for services other than a straight
hourly rate - such as a retainer for a given level of service, plus hourly for other
services? Please explain.
e
. .
PROPOSAL/PRESENTATION RATING WORKSHEET
CITY ATTORNEY LEGAL SERVICES
JULY 13, 1994
Fum:
Points Points
Possible Awarded
1. Relationship of experience to the scope of work. 30
Assess the fum's ability to perform the work based
upon nature and depth of previous municipal
experience.
Comments:
2. Qualifications and involvement of key 20
personnel. Ra�e the fum on the incorporation of
key players including lead attorneys and support
personnel with quality experience in this area.
Comments:
3. Apparent value of service for the cost proposed. 10
Does the firm offer acceptable service at the cost
defined? If not the lowest cost bidder, does the
firm offer sufficient value above and beyond its
competitors to justify the additional expense?
Comments:
�
.. , �
4. Quality of presenta.tion content. Rate the oral 10
approach of the firm with a focus on substantive
content.
Comments:
5. Responsiveness of the presenter(s) to the City 10
Councils questions. Assess understanding
composure and completeness.
Comments:
6. Ability to work with sta.ff and Council. Assess 20
the firm's ability to communicate and work with
key decision makers for the City.
TOTAL 100
Other
Comments:
�
,
PROPOSAL/PRFSENTATION RATING WORKSHEET
CITY ATTQRNEY LEGAL SERVICES
JULY 13, 1994
Fum:
Points Points
Possible Awarded
1. Relationship of experience to the scope of work. 30
Assess the firm's ability to perform the work based
upon nature and depth of previous municipal
experience.
Comments:
2. Qualifications and involvement of key 20
personnel. Rate the firm on the incorpora.tion of
key players including lead attomeys and support
personnel with quality experience in this area.
Comments:
3. Apparent value of service for the cost proposed. 10
Does the firm offer accepta.ble service at the cost
defined? If not the lowest cost bidder, does the
firm offer sufficient value above and beyond its
competitors to Justify the additional expense?
Comments:
�
4. Quality of presentation content. Rate the oral 10
approach of the fum with a focus on substantive
content.
Comments:
5. Responsiveness of the presenter(s) to the City 10
Councils questions. Assess understanding
composure and completeness.
Comments:
6. Ability to work with staff and Council. Assess 20
the firm's ability to communicate and work with
key decision makers for the City.
TOTAL 100
Other
Comments:
l
�
t� � � � �
PROPOSAL FOR LEGAL REPRESENTATION FOR THE CITY OF ROSEMOUNT
GTiNERAL MUNICIPAL L$GAL STRVICES
SEVERSON, WILCOX & SHELDON, P.A.
Suite 600 Midway National Bank Building
7300 West 147th Street
Apple Valley, Minnesota 55124
� Telephone: (612) 432-3136
Facsimile: (612) 432-3780
�
�
CONTACT: Michael E. Molenda
June 15, 1994
•
�
PROPOSAL FOR LEGAL REPRESENTATION FOR THE CITY OF ROSEMOUNT
GENTRAL MUNICIPAL LEGAL STRVICES
SEVERSON, WILCOX & SHELDON, P.A.
Suite 600 Midway National Bank Building
7300 West 147th Street
Apple Valley, Minnesota 55124
Telephone: (612) 432-3136
Facsimile: (612) 432-3780
�
�
CONTACT: Michael E. Molenda
June 15, 1994
•
TABLE OF CONTENTS
A. Areas of Expertise and General Services Available . . . . 1
B. General Qualifications of Severson, Wilcox & Sheldon, P.A. . 1
C. Scope of Work Proposal . . . . . . . . . . . . . . . . 2
Legal Action . . . . . . . . . . . . . . . . . . . . 2
Advisor to City Council, Committees and Staff . . . . 3
Improvement Projects . . . . . . . . . . . . . . . . 3
Miscellaneous Legal Issues . . . . . . . . . . . . . 4
D. Lead City Attorney . . . . . . . . . . . . . . . . . . . 4
E. Other Professional Staff . . . . . . . . . . . . . . . . . 5
F. Staff Availability . . . . . . . . . . . . . . . . . . . . . 7
i
G. Previous or Current Municipal Legal Experience . . . . . . . 7
� H. Previous or Current Activities Performed for
the City of Rosemount . . . . . . . . . . . . . . . 8
I. Potential Conflicts of Interest . . . . . . . . . . . . . 8
J. Legal Library and Research Capabilities . . . . . . . . . . 9
K. Fees and Charges . . . . . . . . . . . . . . . . . . . . . . 9
L. Recent Audit or Financial Report . . . . . . . . . . . . 10; L-1
M. Summary . . . . . . . . . . . . . . . . . . . . . . . . 10
a
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CONSULTANT PROFILE
SEVERSON, WILCOX & SHELDON, P.A
A. AREAS OF LEGAL EXPERTISE AND GENERAL SERVICES AVAILABLE.
SEVERSON, WILCOX & SHELDON, P.A. has a vast history of
� expertise and experience in providing municipal legal services. We
provide general advice to city councils in areas including:
litigation and litigation avoidance, contract negotiations, real
estate development, land use, public improvement projects, special
assessments, eminent domain, ordinance creation and enforcement,
criminal prosecution, complying with open meeting laws and
Minnesota Data Practices requests, and employment law.
B. GENERAL QUALIFICATIONS OF SEVERSON, WILCOX & SHELDON, P.A. AS
RELATED TO PROVIDING GENERAL LEGAL SERVICES.
SEVERSON, WILCOX & SHELDON, P.A. , has a long history in
� performing municipal legal services in Dakota County. Six of our
twelve attorneys have been practicing in Dakota County for at least
ten years and two of our more recent additions have extensive
judicial clerkship experience, one of whom worked as a clerk at the
Minnesota Court of Appeals and the other as a clerk for three
judges in Dakota County.
MICHAEL E. MOLENDA has been representing the City of Apple
Valley in criminal prosecution matters since 1983. In 1993, the
City of Coates retained him for its representation in both civil
and criminal activities.
� MICHAEL G. DOUGHERTY has been representing the City of Apple
Valley, since 1986, and the City of Eagan, since 1988, in zoning,
land use and development matters.
JAMES F. SHELDON has been representing the City of Apple
Valley in all matters since 1975. The City of Eagan apgointed him
as its City Attorney for general legal services in 1988. He is
currently the representing the Township of Castle Rock in an
annexation contest presently before the State Municipal Board.
ANNETTE M. MARGARIT and SHARON K. HILLS both work extensively
in general municipal areas. Ms. Margarit, a former clerk in
� Hennepin County District Court and the Minnesota Court of Appeals,
deals extensively in special assessment, employment and land use
matters for the cities of Apple Valley and Eagan as well as in
criminal matters for the City of Apple Valley.
Likewise, Ms. Hills, formerly a clerk to three judges of
Dakota County District Court (First' Judicial District) works mor8
extensively in ordinance drafting and enforcement, assessments,
joint powers agreements and land use issues for the Cities of Apple
Valley and Eagan, as well as criminal prosecution for the City of
•
�
APPle Valley.
SEVERSON, WILCOX & SHELDON, P.A. 'S experience has earned it
the privilege of representing three municipalities bordering on the
City of Rosemount: Apple Valley, Eagan and Coates. The firm
represents one of the City of Rosemount's largest employers,
Independent School District No. 196, on local matters and on
special projects.
•
General qualifications are difficult to outline. The firm's
preeminent qualification that would benefit the City of Rosemount
is our ability to prevent the City from becoming involved in
protracted, expensive, and unsuccessful litigation. It has been our
position that inane lawsuits are to be avoided; difficult facts and
lawsuits involving unknown legal consequences are to be settled, if
possible; and all other matters are to be defended vigorously and
earnestly in the City's best interest. Following that philosophy, �,
it is our belief that SEVERSON, WILCOX & SHELDON, P.A. has a record ,
before the Minnesota Court of Appeals and the Minnesota Supreme
Court that is second ta none, winning eight of the last nine
• aPpealed cases.
Concerning workload, we believe that the size of SEVER50N,
WILCOX & SHELDON, P.A. makes it ideal for working with cities on a
day-to-day basis. We have an office policy of requiring phane calls
to be returned as soon as possible and always within 24 hours, The
number of attorneys in our firm, our vast amount of experience in
municipal law and our previous handling of common questions are
significant assets we believe will be of great benefit to the City
of Rosemount.
C. SCOPE OF WORK PROPOSAL.
•
l. LEGAL ACTION.
MICfiAEL E. MOLENDA, MICHAEL G. DOUGHERTY, ANNETTE M.
MARGARIT and SHARON K. HILLS have extensive experience in
trying municipal cases ranginq from ordinance enforcement,
assessments, zoning issues and condemnations. Most recently,
Mr. Molenda has represented the City of Coates before the
Minnesota Supreme Court in connection with enforcement of its
adult entertainment ordinance. Mr. Dougherty has represented
the City of Apple Valley in Open Meeting litigation and a
subsequent appeal by the Minneapolis Star Tribune, as well as
� the City of Eagan in ground water mediation. Ms. Margarit has
directed several successful appeals before both the Minnesota
Court of Appeals and the Minnesota Supreme Court including
cases involving the enforcement of a zoning ordinance in a
park and validity of assessments.
Actions successfully defended on behalf of municipalities
include injunctions, alleged violations of open meeting law,
2
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and many assessment appeals. Mr. Molenda has aeted as a
liaison with insurance carriers for both the Cities of App2e
Valley and Coates concerning claims made against the cities.
These include claims for personal injuries and a claim for
damages as a result of the location of city council meetings.
Ms. Margarit has acted as liaison between our municipal
clients and the League of Minnesota Cities.
� These are only the most recent examples of the continuing
service provided to municipalities by the firm of SEVERSON,
WILCOX & SHELDON, P.A.
2 . ADVISOR TO THE CITY COUNCIL, COMMITTEES AND STAFF.
The law firm of SEVERSON, WILCOX & SFiELDON, P.A. has long
been advisor to the City Council and Planning Commissions of
both the City of Eagan and the City of Apple Valley. The
attorneys are always on call to answer questions raised by
other municipal bodies, or commissions, such as the Apple
Valley Economic Development Authority, and the Parks and
� Recreation Departments. Michael E. Molenda, Michael G.
Dougherty, Annette M. Margarit and Sharon K. Hills have all
attended meetings to give advice ta council and its
subcommittees and commissions as needed.
Michael G. Dougherty, being a certified xeal estate'
spedialist by the Minnesota State Bar Associatian, deals
regularly in zoning, platting and condemnation issues, and the
procedures involved. Annette M. Margarit deals extensively
with the Minnesota Open Meeting Law and the Minnesota Data
Practices Act, making sure that appropriate information is
released on a timely basis consistent with legislative
� enactments.
3. IMPROVEMENT PROJECTS.
Severson, Wilcox & Sheldon, P.A. takes pride in our
involvement in improvement projects within municipalities. As
a general rule, we take an active role in review of
feasibility reports, contract documents, and the required `
bonds. With the help of City staff, our office prepares the
documents required to acquire easements necessitated by public
improvement projects. To do this efficiently, we have a
special relation with a title company to provide us with
� information as to owners of parcels in a timely manner. For
those improvement projects involving assessments, we work with '
city engineers, real estate experts, and consultants- to
provide the appropriate information for the Council upon which
to rely in its adoption of the assessment rolls, 0ur office
has vigorously defended assessment appeals brought against our
municipal clients and believe we have an exemplary record in
defense of those appeals. A 1993 Minnesota Court of Appeals
3
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case, handled by Ms. Margarit, has been acknowledged as the
f irst instance in which the Court has recognized that the
widening of adequate roads could confer special benefits to
neighboring properties.
4. MISCELLANEOUS LEGAL ISSUES.
Ordinance drafting is one of the strong points of
• SEVERSON, WILCOX & SHELDON, P.A. Our attorneys have an
excellent relationship with the League of Minnesata Cities so
we can keep abreast of what other cities have encountered in
drafting ordinances. By avoiding pit falls suffered by
others, the City can hopefully avoid costly litigation. A
recent example is the drafting of the revised Coates Adult
Entertainment Ordinance, in which we provided the City Council
copies of studies of the impact of adult entertainment in
other cities upon which the City Council is entitled to rely
in revising the adult entertainment ordinance. We believe a
key to the enforceability of this ordinance is making sure
that e�ch of the city councilmembers actually had an
� opportunity to review the studies upon which we told them they
could rely. Obviously, such other ordinances addressing sueh
concerns as on-street parking, trespassing, snow removal, and
the requirement of appropriate parking facilities, have been
drafted on behalf of the cities of Apple Valley and Eagan.
Two of the most rapidly developing cities in Dakota
County are Apple Valley and Eagan. Development Agreements for
these entities have been prepared by SEVERSON, WZLCOX &
SHELDON, P.A. 's attorneys. As attorneys for Independent
School District No. 196, we have a great deal of experience in
negotiations for the acquisition of land and easements
� required by the School District; as well as for land and
easements needed by our municipal clients for public purposes
including parks, ponds, streets, and utilities.
We have worked with both Dakota County and the
Metropolitan Council, when required, dealing with zoning,
platting, and Comprehensive Guide Plan issues. We have .
provided our municipal clients with appropriate advice sa that
the City may maintain a third-party beneficiary status of
insurance when appropriate, acted as a liaison with insurance
companies and have overseen adversarial dismissals of city
employees, when required, as well as other personnel issues.
•
D. LEAD CITY ATTORNEY.
MICHAEL E. MOLENDA will be responsibie for fulfilling the -
, obligations of City Attorney for the City of Rosemount. He is an
honors graduate of the University of Wisconsin-LaCrosse and a cum
laude graduate of William Mitchell College of Law. He 'was admitted
as an attorney in the State of Minnesota in 1982 and has been
4
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practicing extensively in Dakota County since then. He is an
experienced trial attorney, has appeared before a11 the judges in
the First Judicial District and, as mentioned earlier, has been
working with the City of Apple Valley since 1983.
More importantly, Mr. Molenda has a unique qualification in
representing the City of Rosemount. He has been a Rosemount
resident since 1973 in a home located less than a mile from City
� Hall. This proximity makes him almost immediately available to the
City Council and staff. He is familiar with the land within the
City of Rosemount and many of the organizations within the City.
As a member and past President of service organizations such
as the Rosemount Lions Club, Chair of local committees such as the
Rosemount United Methodist Church Trust Fund Committee and founder
of a youth organization, the Rosemount-Apple Valley-Eagan swim team
(RAVE) , he has a unique understanding of the City of Rosemount and
its residents, as well as the legal obligations of a city. �
As a trial attorney, he has extensive civil and criminal trial
� experience and has a perfect app
ellate record from cases he has
tried.
E. OTIiER PROFESSIONAL STAFF.
MICHAEL G. DOUGHERTY is a graduate of Hamline University
School of Law. He was admitted to the Minnesota Bar in 1981 and
later admitted to the United States District Court. He is a summa
cum laude graduate of St. Mary's College and a cum laude graduate
of Hamline University School of Law.
Mr. Dougherty is a certified real estate specialist by the
� Minnesota State Bar Association. In representing the Cities of
Eagan and Apple Valley, he has provided advice to the City
Administrator, department heads and staff on issues regarding land
use and subdivision regulations and enforcement, assessments,
condemnations, state regulating procedures, and development
agreements. He has represented the cities in mediation, litigation
and in appellate work including zoning enforcement, tax increment
financing, and open meeting issues. He has also provided legal
representation to the App1e Va11ey Economic Development Authority
in tax increment financing, development and funding issues.
Mr. Dougherty has been appointed as special counsel to the
� Dakota County HRA, the League of Minnesota Cities Insurance Trust
and Independent School District No. 196, for matters including
condemnation, land acquisition and construction contract review.
5
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�
JAMES F. SHELDON has acted as the primary legal advisor to ,the
City of Apple Valley since 1975 and to the City of Eagan since
1988. He provides advice to tha City Councils, City administrators
and department heads for general legal matters and issues regarding �I
public improvement projects, assessments, land use regulations and ,
enforcement, municipal liability, open meeting regulations and ,
utilit franchises. Additionally, he currently represents "Castle
y e State Munici al
Rock Township in annexation hearings before th P
� Board. He is a 1975 graduate of William Mitchell College of -Law
and a 1969 graduate of Miami University in Oxford, Ohio.
ANNETTE M. MARGARIT, has acted as the Assistant App1e Va11ey
and Eagan City Attorney since 1989, representing municipal clients
in areas such as condemnation, special assessment procedures and
zoning code enforcement prosecution, including tobacco license
revocations and conditional use permit revocation hearings. She has
also represented municipal clients in employment related matters
including Veteran's Preference Hearings, preparation of public
employee's strike notices, release of personnel data issues, peace
officer disciplinary hearings and termination issues. Additionally,
� Ms. Margarit has been a City Prosecutor for Apple Valley in petty
misdemeanor, misdemeanor and gross misdemeanor offenses in addition
to city code vialations. She is extensively involved in all
appellate work.
Ms. Margarit worked as a clerk for the Minnesota Court of
Appeals in 1988 and 1989 following employment as a clerk far
Hennepin County's Fourth Judicial District. This followed her cu�
laude graduation from the University of Minnesota Law School in
1987 and her 1978 summa cum laude graduation from the University of
Minnesota.
* Most recently, in 1993 and 1994, she has been an instructor
for other attorneys dealing with enforcement of DWI laws in classes
presented by the Minnesota Institute of Lega1 Education. `
SHARON K. HILLS, is a 1989 honors graduate of Hamline
University School of Law which followed her graduation with honors
from the University of Wiseonsin-Platville in 1986. Following law
school graduation, she was a law clerk for Judges Michael V. Sovis,
Leslie M. Metzen and William F. Thuet of the First `Judicial
District. She joined the firm of SEVERSON, WILCOX & SHELDON, P.A.
in 1991 and has acted as an Assistant Apple Valley and Eagan City
Attorney since that time. In this capacity, she has conducted legal
�I� research and prepared legal opinions regarding joint powers
programs, campaign practices for bond referendums, authority to
sell or develop public property, regulation and enforcement of _
telephone, utility, and pipeline franchises, municipal liability
and zoning issues.
Additionally, Ms. Hills has drafted ordinances regulating
outdoor storage, animal control, shoreland zoning, paint ball
6
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facilities, adult entertainment, liquor regulation and licensing,
curfews and vehicle impoundment. She has tried numerous court and
jury criminal trials and assisted in the writing of appellate
briefs. She prepares annual legislative and case 1aw updates for
use of the municipalities we represent.
J. PATRICK WILCOX is a 1972 honors graduate of the University
� of Iowa Law School, where he also received his Bachelor's Degree in
1969. He has served as a Special Assistant Attorney General for the
State of Minnesota and as a Hearing Examiner, for the State
Building Code Division. He practices extensively in corporate,
construction, environmental law and related litigation.
KENNETH R. HALL is a 1983 cum laude graduate of the University
of Minnesota Law School. He received his Bachelor's Degree with
honors from the University of Wisconsin in 1980. He practices in
the areas of environmental law, construction law and litigation.
� F. STAFF AVAILABILITY.
Being one of the largest law firms in Dakota County has a �
distinct advantage in terms of staff availability. While Severson,
Wilcox & Sheldon, P.A. , ' like any other business, has times which
are busier than others, our staff has always met the needs of our
clients, including tightly scheduled time lines, without fai1, If
selected as Rosemount's City Attorney, SEVERSON, WILGOX & SHELDON,
P.A. would add any additional attorney and support staff needed to
enable the firm to continually provide first-rate representation
for its clients.
'� G. PREVIOUS OR CURRENT MUNICIPAL LEGAL EXPERIENCE.
a. City of Apple Valley: City Administrator John Gretz;
City of Apple Valley, 14200 Cedar Avenue South, Apple Valley,
Minnesota, 55124; (612) 953-2578.
b. City of Eagan: Tom Hedges, City Administrator, City
of Eagan, 3830 Pilot Knob Road, Eagan, Minnesota 55121; (612)
681-4600.
c. City of Coates: Mayor Karen Mogen; 15679 Clayton
Avenue; Rosemount, Minnesota 55068; (612) 437-4748.
` d. Independent School District No. 196; Joel Sutter,
Director of Support Services, 14445 Diamond Path, Rosemount,
Minnesota 55068; (612} 423-7713.
e. Township of Castle Rock; A1 Angus, Boardmember (612)
463-3182.
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f. Dakota County; James Backstrom, County Attorney,
1560 West Highway 55, Hastings, Minnesota 55033; (612) 438-
4438.
H. PREVIOUS OR CURRENT ACTIVITIES PERFORMED FOR THE CITY 4F
ROSEMOUNT.
Michael E. Molenda served as a member of the Rosemount Fire
� Station Referendum and Business District Improvement Projects
Committees. James F. Sheldon acted as Counsel for Rosemount H.R.A.
in 1982.
I. POTENTIAL CONFLZCTS OF INTEREST.
1. SEVERSON, WILCOX & SHELDON, P.A. , does not believe the
representation of past or present clients by the firm or any
of its members would conflict with its ability to serve as ,
City Attorneys. The firm has no adversarial relationship with ,
the City of Rosemount with respect to any matter currently
oes re resent a number
under representatian. While the firm d p
� of individuals, active businesses and entities which ' are
located within the City of Rosemount, including the
geographical limits of Independent School District No. 196, we
foresee no impending conflicts arising and seek to assure the
City that all proper steps to eliminate any conflict would be
taken when and if the need arose.
2. Presently, our firm does not represent any residentia'l or
industrial developers within the City of Rosemount.
3. SEVERSON, WILCOX & SHELDON, P.A. , represents the cities
of Apple Valley, Eagan and Coates which are contiguous to the
� City of Rosemount, We also represent Independent School
District No. 196, whose boundaries extend within the City and
additionally we have represented Rosemount and Dakota County
Housing and Redevelopment Authorities on special pro�ects.
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4. In keeping with our firm's commitment to avoid any
conflict of interest, all attorneys in SEVERSON, WILCOX &
SHELDON, P.A. , check with the office administrator for
conflicts of interest before aecepting clients and matters.
The office administrator maintains a list of individual fi2e
cards for all past and present clients and matters. In
addition, a new client list with identification of adverse
� parties is circulated to all attorneys and identified conf3ict
would result in withdrawal of the firm's representation of the
new client or a written consent is required of the new client
and the party with whom the conflict is associated prior to
our firm's undertaking representation.
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J. LEGAL LIBRARY AND RESEARCH CAPABILITIES.
The attorneys of SEVERSON, WILCOX & SHELDON, P.A. have access
to what may be the largest private legal library in Dakota County.
Our library includes two sets of Minnesota Statutes; Minnesota
Administrative Rules; a complete set of Northwestern Reporter
Series of Minnesota Cases; Dunnell's Digest of Minnesota Law;
,! Northwestern Digest; United States Code Annotated; as well as other
legal publication series. We have two subscriptions to Minnesota's
weekly legal newspaper, Finance and Commerce.
With respect to municipal law, our library contains a complete
and updated set of McQuillen's Municipal Corporations; Mason's
Motor Vehicle Law; Zoning Law and Practice by Yokely; Patton on
Titles; The Minnesota Real Estate Law Journal, as well as a
substantial amount of materials provided by the League of Minnesota
Cities. Additionally, our firm subscribes to WESTLAW, a computer
research network, for which we have dedicated one telephone Iine
and a computer system.
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We feel that access to all of these resources, together with
the experience of the attorneys at SEVERSON, WILCOX & SHELDON; P.A.
enables the firm to maintain an excellent response time for legal
reports or memos so as to rapidly meet any requirements of the
City, whether it be long range, or immediate.
K. EXPLANATION OF ALL FEES AND CHARGES.
SEVERSON, WILCOX & SHELDON, P.A. would charge its fees to the
City based on the following xates:
� General Legal Services - $90.00/hour for attorneys and
45. 00/hour for paralegals.
Development Work - Where the cost is paid by the developer,
Michael E. Molenda, Michael G. Dougherty, and Jim Sheldon would
bill at $135.00/hour, all other attorneys would bill at
$100.OD/hour and paralegals would be bilied at $45.00/hour.
Minimum increments for hourly billing are two-tenths of an
hour.
� If required, our support personnel would become involved in
handling public notifications, resolutions and minute preparation
at the rate of $45.00/hour. Direct costs to the firm including
printing, photocopying, and WESTLAW fees would be passed on to the
Gity. We would not charge the City of Rosemount for any routine
mileage expenses nor for the cost of local facsimile machine usage.
Our hourly rate for attending City Council meetings and
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Planning Commission meetings would be $90.00/hour, but we would
consider a negotiated flat fee for each meeting.
Currently, while we have an hourly contract with the City of
Eagan, we do have a fixed fee basis with the City of Apple Valley
for routine items which we would be willing to discuss as a
potential method of compensation.
L. RECENT AUDIT OR FINANCIAL REPORT.
Please see the letter of Ron Szarzynski, attached as
Exhibit L.
M. SUNIIKARY.
SEVERSON, WILCOX & SHELDON, P.A. has extensive background in
municipal law, experienced trial lawyers, and real estate
specialists, as well as a hard working and experienced office staff
� to provide the City of Rosemount the high quality legal
representation it deserves. As a 21-year resident of Rosemount,
Michael E. Molenda, as Lead City Attorney would bring a commitment
to the community, its citizens, and its businesses, that greatly
exceeds that of services in exchange for payment.
Respectfully Submitted,
Dated: �� (�` � SEVERSON, WILCOX & SHELDON, P A.
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By: Michael` E. Molenda
600 Midway National Bank Building
7300 West 147th Street
Apple Valley, Minnesota 55124
(612) 432-3136 :
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ERHIBIT L
RECENT AUDIT OR FINANCIAL REPORT
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MEUWISSEN,FLYGARE SZARZYNSKI,PA.
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June 2, 1994
Mr. Thomas D. Burt
City Administrator
City of Rosemount
P. 0. Box 510
• Rosemount, NIN 55068
Dear Mr. Burt:
Meuwissen, Flygare & Szarzynski, PA and our previous CPA firm have been working
with the law firm of Severson, Wilcox & Sheldon, P.A. since late 1989. We
prepared their 1989-1993 corporate tax returns and reviewed the financial
statements as of December 31, 1993. We are also involved in assisting them in
preparing internally generated financial reports.
We are familiar with the management of the law firm in addition to management and
financial records.
� We have found the firm to be very responsible with their financial operations and
management.
Very truly yours,
�� f�/�`
. �J
Ron Szarzynski
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PARK NATIONAL BANK BUILDING • 5353 WAYZATA BLVD. • SUITE 606 • MINNEAPOLIS,MN 55416 • (612)541-1996 • FAX(612)541-4759
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PROPOSAL FOR LEGAL REPRESENTATION FOR THE CITY OF ROSEMOUNT
� PROSECUTION SERVICES
SEVERSON, WILCOX & SHELDON, P.A.
Suite 600 Midway National Bank Building
7300 West 147th Street
Apple Valley, Minnesota 55124
� Telephone: (612) 432-3136
Facsimile: (612} 432-3780
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CONTACT: Michael E. Molenda
June 15, 1994
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PROPOSAL FOR LEGAL REPRESENTATION FOR THE CITY OF ROSEM4UNT
� PROS�CUTION S�RVICES
SEVERSON, WILCOX & SHELDON, P.A.
Suite 600 Midway National Bank Building
7300 West 147th Street
App1e Valley, Minnesota 55124
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Telephone: (612) 432-3136
Facsimile: (612) 432-3780
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CONTACT: Michael E. Molenda
June 15, 1994
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TABLS OF CONTSNTS
Firm Resume . . . . . . . . . . . . . . , . . . . . . . 1; A-1
Prosecuting Attorney Resumes . . • • • • • • • • • • • 1
Michael E. Molenda . . . . . . . . . . . . A-4
Annette M. Margarit . . . . '. . . . . . . . . . , A-6
� Sharon K. Hills . . . . . . . . . . . . . . . . . . . A-7
Areas of Expertise Held by
Firm Members and Criminal
Appellate Experience . . . . . . . . . . . . • • • 1
Accessibility To City Personnel . . . . . . . . . . . . . 2
Lead Prosecutor and Back-up Personnel . . . . . . . . • 3
Legal Library and Research Capabilities . . . . . . . . . . 3
� Support Staf f . . . . . . . . . . . . . . . . . . . 4
Services to be Provided . . . . . . . . . . . . . . . . . . 4; C-1
Previous or Current Experience . . . . . . . . . . . . . . 4
Previous or Current Activities
Performed for the City of Rosemount . . . . . . . . . 5
Potential Conflicts of Interest . . . . . . • . . . . . . . 5
Fees and Charges . . . . . . . . . . . . . . . . . . . . . 6
� 6; Irl
Recent Audit Financial Report . . . . . . . . . . . . . • •
Summary . . . . . . . . . . . . . . . . . . . . . . . 6
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CONSULTANT PROFILE
SEVERSON, WILCOX & SHELDON, P.A
A. FIRM AND PROSECUTING ATTORNEY RESUMES.
l. FIRM RESUME.
� Severson, Wilcox & Sheldon, P.A.
Suite 600 Midway National Bank Building
7300 West 147th Street
Apple Valley, Minnesota 55124
Telephone: (612) 432-3136
Facsimile: (612) 432-3780
Severson, Wilcox & Sheldon, P.A. is comprised of 12
attorneys, six of whom have been practicing in Dakota
County for over 10 years. The law f irm has conducted its
business under the name of Severson, Wilcox & Sheldon,
P.A. since 1988. It was formed in March of 1986 as a
� result of the consolidation of two existing Dakota County
practices. Through organizational and marketing
concerns, the name of Severson, Wilcox & Sheldon, P.A.
was established when the firm merged with the practice of
J. Patrick WiZcox & Associates.
Representative clients of the firm of Severson, Wilcox &
Sheldon include the City of Eagan, the City of Apple
Va11ey, the City of Coates, Independent School District
196, and the towns�ip of Castle Rock. Additionally, the
f irm has served as counsel on several matfiers as assigned
by the League of Minnesota Cities Insurance Trust and are
� counsel to the Minnesota Recreation and Park Association.
Please see Exhibit A-�1 through A-3 for a complete firm
resume.
2. PROSECUTING ATTORNEYS' RESUMES.
Please see Exhibits A-4 through A-9 for the resumes of
Michael E. Molenda, Annette M. Margarit, and 5haron K.
Hills, respectively.
� B. AREAS OF EXPERTISE HELD BY FIRM MEMBERS AND CRIMINAL APPELLATE
EXPERIENCE.
The particular areas of practice of the individual members of
Severson, Wilcox & Sheldon are listed in detail on the firm's
resume attached as Exhibit A-1. As prosecuting attorneys,
Severson, Wilcox & Sheldon has a history of successful prosecuting
experience including ordinance drafting and enforcement. MICHAEL
E. MOLENDA has been the lead prosecuting attorney for the City of
Apple Valley since 1984. In that role, he has attended
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arraignments, pretrials, omnibus hearings, probation revocation
hearings, and numerous court and jury trials. He has served as a
facilitator for the Minnesota County Attorneys Association in
providing continuing education credits for police officers at the
Dakota County Vocational College. He also implemented the
procedures to charge gross misdemeanor D.W.I.s by citation rather
than by a more expensive formal complaint.
� ANNETTE M. MARGARIT has been prosecuting criminal cases since
1989. She has acted as an instructor for prosecuting attorneys at
continuing education institutes sponsored by the Minnesota
Institute of Legal Education. SHARON K. HILLS followed her 1989
judicial clerkship in Dakota County by prosecuting criminal cases
for the City of Apple Valley. She has taken the lead in drafting
model curfew language for cities in Dakota County, including
preparing proposed Findings and methods for documenting those
Findings. Ms. Hills also provides legislative summaries of new
enactments of criminal legislation to the Apple Valley Police
Department.
� All three attorneys have significant and successful jury trial
experience. Their background and experience can assist police
officers in gathering facts necessary to prove offenses, testifying
effectively, and being current on legislative criminal changes.
The criminal appellate experience of the members of Severson,
Wilcox & Sheldon, P.A. , is second to none. Michael E. Molenda has
been successful on all five of his appeals to the Minnesota Court
of Appeals, consistently securing reversal of erroneous trial court
decisions that adversely affected prosecution. These includez
State v. Powell, 357 NW2d 146 (Minn. Ct. App. X984) ,
� State v. Grohoski, 390 NW2d 348 (Minn. Ct. App. 1986) ,
State v. McCaulev, 460 NW2d 363 (Minn. Ct. App. 1990) ,
State v. Turnev, C4-91-1395 (Minn. Ct. App. Oct. 1, 1991) ,
State v. Tranbv, C4-91-1397 (Minn. Ct. App. Oct. 1, 1991) .
C. ACCESSSBILITY TO CITY PERSONNEL, ESPECIALLY POLICE OFFICERS.
The three attorneys designated to do prosecution services for
the City of Rosemount will be readily available to City personnel.
The addresses and telephone numbers of Mr. Molenda, Ms. Margarit,
and Ms. Hills will be readily available to the police department.
* During holidays and weekends, two of the three attorneys carry a
pager, consistent with the Dakota County Attorney's policy, to
ensure prompt response to continued detention requests. Only one
attorney goes on vacation at any one time.
Additionally, Michael E. Molenda lives within one mile of the
Rasemount Police Department, and the firm's office is only 6 miles
away. To further facilitate quick responses, all three attorneys
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have answering machines on their home telephones.
In order to stay current on legal issues confronting the
police department, summaries of all criminal cases decided by the
Minnesota Court of Appeals and Supreme Court will be distributed to
the Chief of Police on a weekly basis. Additionally, copies of the
summaries of recent legislative sessions are transmitted annually.
The firm regularly sends letters to the Apple Valley Police
� Department concerning recent developments that would be essential
for police personnel to know. Please see Exhibit C for an example.
D. LEAD PROSECUTOR AND BACKUP PERSONNEL.
Michael E. Molenda would serve as chief prosecutor for the
City of Rosemount. He has ten years of experience as the lead
prosecuting attorney for the City of Apple Valley, and was
responsible for developing the process for charging gross
misdemeanor DWI offenses by the citation rather than by formal
complaint in Dakata County. He developed forms for use by the
Apple Valley Police Department and the Dakota County court system
� which have been shared with other municipalities.
Annette M. Margarit and Sharon K. Hills have been prosecuting
since 1989 and 1991, respectively. By having three attorneys who
have a significant amount of prosecuting experience, including jury
trials, the firm has ample personnel. The offices of Severson,
Wilcox & Sheldon are one block away from the Dakota County Western
Service Center, the site of arraignments, court trials and pre-
trials for the City of Rosemount. This convenient walking distance
to the Courthouse makes almost instantaneous appearances possible.
� E. LEGAL LIBRARY AND RESEARCH CAPABILITIES.
The attorneys of Severson,, Wilcox & Sheldon, P.A. have access
to what may be the largest private legal library in Dakota County.
Our library generally consists of Minnesota Statutes (two sets) ;
Minnesota Administrative Rules; a complete set of Northwestern
Reporter Series of Minnesota cases; Dunnell's Digest of Minnesota
Law, West's Northwest Digest, United States Cade Annotated, as well
as other legal publications. We have two subscriptions to
Minnesota's weekly legal newspaper, Finance and Commerce.
With respect to prosecution, in particular, our library
� contains a complete set of McQuillan's Munici_pal Corporations;
Mason's Motor Vehicle Laws; Butterworth's Minnesota Misdemeanor and
Moving Violations; Bender's Police Civil Liabilitv; and Callahan's
Drinkincx/Driving Litiqation. Each of these publications is a
series which is kept current. Additionally, Severson, Wilcox &
Sheldon, P.A. subscribes to WESTLAW, a computer research network,
for which we have dedicated one telephone line in the computer
system.
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F. SUPPORT STAFF.
Wendy Twomey, Jean Seaman, Melissa Brandstetter, and Lola
Veenker would be the support staff primarily associated with
handling prosecution support for the City of Rosemount. Ms. Twomey
has been with the firm since 1992, Ms. Seaman, since 1989, and Ms.
Veenker, since 1986. Ms. Brandstetter is a recent addition. They
all have individual duties including primary and secondary
• responsibility for tasks including drafting of formal complaints,
officer and witness notification of hearings and trials,
organization and update of criminal files, preparation of Jury
Instructions, preparation of Victim Notifications pursuant to
statute, obtaining necessary driving and motor vehicle license
records from the Minnesota Department of Public Safety, and
calendar preparation. These trained personnel notify police
officers within two days of receipt of trial notices. Additional
staff would be hired if needed to provide continued first rate
service.
G. SERVICES PROVIDED IN CONJUNCTION WITH PROPOSED PROSECUTION
� SERVICES.
In addition to providing representation for the City at court
appearances, most reZated services are described elsewhere in this
proposal. They include regular meetings with the Chief of Police
concerning recent criminal law developments, recammendations to
City Council for changes in ordinances, if necessary; instruction
to police off icers on trial testimony; weekly notification to the
Chief of Police concerning cases decided by the Minnesota Court of
Appeals and the Minnesota Supreme Court; annual summaries of
changes in the Minnesota Criminal Statutes; prompt responses to
inquiries made under the Minnesota Data Practices Act; advising the
� Chief of Police on handgun permits; and assisting, when required,
on personnel matters.
For an example of a written update of a recent Minnesota case
please see Exhibit C.
H. LIST OF PREVIOUS OR CURRENT EXPERIENCE IN MUNICIPAL
PROSECUTION SERVICES.
Michael E. Molenda has been the Chief City Prosecutor for the
City of Apple Valley since 1984 and for the City of Coates since
1993. Annette M. Margarit and Sharon K. Hills have assisted Mr.
� Molenda in that capacity since 1989, and 1991, respectively. In
addition to representing these cities in criminal prosecution in
Dakota County District Court, Mr. Molenda has successfully
represented the City of Apple Valley before the Minnesota Court of
Appeals on five occasions. Additional prosecution-related services
provided to the City of Apple Valley include annual session law
updates, weekly case law updates, handgun permit advice, data
practices advice, written communications concerning specific legal
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issues and assistance with personnel policies. Annette Margarit
has worked extensively with the Apple Valley Police Department in
revising its policy manual and preparing its drug testing policy.
Members of the firm have acted as on-site advisors during Apple
Valley's two sobriety check points.
The following people may be contacted regarding the services
performed by the staff of Severson, Wilcox & Sheldon:
� a. City of Apple Valley, Captain Bruce Erickson; 7100 147th
Street West, Apple Valley, Minnesota 55124; telephone
(612) 953-2705;
b. City of Coates, Councilmember Jack Gores; 15944 Clayton
Avenue, Rosemount, Minnesota 55068; telephone (612) 437-
8810;
c. Dakota County Attorney; James C. Backstrom; Dakota County
Government Center, 1560 Highway 55 West, Hastings,
Minnesota 55033; telephone (612) 438-4438.
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I. PREVIOUS OR CURRENT ACTIVITIES PERFORMED FOR THE CITY OF
ROSEMOUNT.
Michael E. Molenda served as a member of the Rosemount Fire
Station Referendum and Business District Irnprovement Projects
Committees and James F. Sheldon served as counsel to the Rosemount
H.R.A. in 1982.
J. POTENTIAL CONFLICTS OF INTEREST.
Severson, Wilcox & Sheldon does not believe that
� representation of any of its past or present clients by the firm ar
any of its members conflicts with its ability to serve as
Rosemount's Prosecuting Attorneys. The firm has no adversarial
relationship with the City of Rosemount with respect to any matter
currently under representation. While the firm does represent a
number of individuals who live within the City of Rosemount, and in
the past, has represented individuals charged with crimes within
the City of Rosemount, the firm sees no impending conflicts
arising. We can assure the Gity that all proper steps to eliminate
any conflict would be taken when and if the need arase.
In keeping with our firm's commitment to avoid conflicts of
� interest, all attorneys in Severson, Wilcox & Sheldon, P.A. , check
with the Office Administrator for conflicts of interest before
accepting clients or matters. The Office Administrator maintains
a list of individual file cards for past and present clients and
matters. In addition, new client lists with the identification of
adverse parties is circulated to all attorneys and identified
conflicts would result in the withdrawal of the firm�s
representation on the rare occasion when it would be appropriate.
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According to our records, Severson, Wilcox & Sheldon, P.A. has, in
the past, represented seventeen individuals who were charged with
crimes by the City of Rosemount since 1986. Al1 of those cases are
now concluded.
K. EXPLANATION OF ALL FEES AND CHARGES.
Severson, Wilcox & Sheldon would charge its fees to the City
. at a rate of $80.00 per hour for attorney time, and $40.00 per hour
for paralegal time. Minimum increments for hourly billing are two-
tenths ( .2) of an hour.
Direct costs to the firm including printing, photocopying,
service of process {subpoena) expenses, and WESTLAW fees would be
charged back to the City. We would not charge the City for any
routine mileage expenses, local facsimile machine usage or paging
expenses.
Currently, the firm has a fixed-fee basis for the City of
Apple Valley for routine services, including court appearances,
• drafting formal complaints, responding to citizen calls, hand-gun
applications, Data Practices inquiries, updates on recent case law
and statutory developments, and officer consultations. We would be
willing to discuss a flat monthly fee as a potential method of
compensation.
L. RECENT AUDITOR FINANCIAL REPORT.
Please see the letter of Ron Szarsinsky, attached as
Exhibit L.
M. SUNIIKARY.
� The attorneys at Severson, Wilcox & Sheldon, P.A. , have an
extensive background in criminal prosecution. Their prosecuting
attorneys are experienced in trial and appellate work. With the
combination of hard working and experienced support staff, the firm
can provide the City of Rosemount with accessible, responsive, and
dedicated representation.
Respectfully submitted,
Dated: ��1��- (� ���( SEVE N, WI� O� SH LDO , P.A.
• �. .� y, �
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By: Michael E. Molenda
600 Midway National Bank Building
7300 West 147th Street
Apple Va11ey, Minnesota 55124
(612) 432-3136
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EXHIBIT A
FIRM RESIIME
PROSECUTING ATTORNEY RESIIMES
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SEVERSON, WILCOX & SHELDON, P.A.
FIRM RESUME
LARRY S. SEVERSON, born Riceville, Iowa, August 18, 1941;
� admitted to bar, 1975, Minnesota and U.S. District Court, District of
Minnesota. Education: Iowa State University (B.B. , 1962) ; Hamline
University (J.D. , 1975) . Member: Ramsey County, Dakota County and
Minnesota State Bar Associations. (Corporate, Real Estate and Banking
Law)
JAMES F. SHELDON, born Ashtabula, Ohio, February 28, 1947;
admitted to bar, 1975, Minnesota and U.S. District Court, District of
Minnesota. Education: Miami University (B.S. 1969) ; William Mitchell
Co2lege of Law (J.D. , 1975) . City Attorney, Apple Valley,
1975-present. City Attorney, Eagan, 1988-present, Special Counsel,
ISD ,�196, 1975-1986. Member: Dakota County and Minnesota State Bar
� Associations. (Government and Land Use Law)
J. PATRICK WILCOX, born Evanston, Illinois, September 10, 1947;
admitted to bar, 1972, Iowa and Minnesota, 1977, U.S. District Court,
District of Minnesota, U.S. Supreme Court. Educations University af
Iawa (B.A. , 1969; J.D. with honors, 1972) ; Special Assistant Attorney
General, State of Minnesota, 1972-1974; Hearing Examiner, State
Building Code Division, 1975-76; Attorney General's Office, State of
Minnesota. Member: Dakota County, Ramsey County, Minnesota, and
American Bar Associations. (Corporate, Construction, and Commercial
Law Litigation)
� MICHAEL G. DOUGHERTY, born Newton, Massachusetts, August 19,
1954; admitted to bar, 1981, Minnesota; 1982, U.S. District Court,
District of Minnesota. Education: St. Mary's College (B.A. , summa cum
laude, 1976) ; Hamline University (J.D. , cum laude, 1981) . Registered
Property Abstractor, Minnesota, 1977, Special Counsel, ISD #196,
1986-Present) . Certified Real Estate Specia2ist, Minnesota Bar
Association, 1991. Member: Dakota County, Minnesota State and
American Bar Associations. (Real Estate and Government Law)
MICHAEL E. MOLENDA, born Milwaukee, Wisconsin, April 19, 1950;
admitted to bar, 1982, Minnesota; 1984, U.S. District Court, District
of Minnesota; 1986, Wisconsin. Education: University of Wisconsin-La
� Crosse (B.S. , 1972) ; University of Minnesota (M.Ed. , 1975) ; William
Mitchell College of Law (J.D. , cum laude, 1982) . Member: Dakota
County, Minnesota, Wisconsin and American Bar Associations;
Minnesota Trial Lawyers Association; The Association of Trial Lawyers
of America. (Government, Criminal and Domestic Relations Law)
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KENNETH R. HALL, born Edgar, Wisconsin, January 21, 1957;
admitted to bar, 1983, Minnesota; 1984, U.S. District Court, District
of Minnesota. Education: University of Wisconsin (B.S.C.E.E. , with
honors and distinction, 1980) ; University of Minnesota Law School
(J.D. cum laude, 1983) Phi Delta Phi. Member: Dakota County, Hennepin
� County, Minnesota State Bar Associations. (Environmental,
Construction and Litigation)
LOREN M. SOLFEST, born St. Paul, Minnesota, February 16, 1961;
admitted to bar, 1986, Minnesota; 1987, U.S. District Court, District
af Minnesota and U.S. Court of Appeals, Eighth Circuit. Education:
University of Notre Dame (B.A. , 1983) ; Hamline University (J.D. ,
1986j . Sigma Nu Phi (Chancellor, 1985-1986) . Editor-in-Chief,
Adelphia Law Journal, Vo1. IV, 1985-1986. Associate, Hamline Journal
of Public Law, 1984-1985. Member: Dakota County, Hennepin County,
Ramsey County, Minnesota State and American Bar Associations; The
Association of Trial Lawyers of America. (Real Estate, Banking and
� Litigation)
ANNETTE MARIE MARGARIT, born Minneapolis, Minnesota, March 10,
1955; admitted to bar, 1987, Minnesota; 1988, U.S. District Court,
District of Minnesota. Education: University of Minnesota (B.S. ,
summa cum laude, 1978; J.D. , cum laude, 1989) . Law Clerk: Hennepin
County District Court, 1987; Minnesota Court of Appeals, 1988-1989.
Member: Dakota County, Hennepin County and Minnesota State Bar
Associations. (Government and Litigation)
BRADLEY SMITH, born St. Paul, Minnesota, October 3, 1951,
admitted to bar, 1977, Minnesota; 1978 U.S. District Court, District
� of Minnesota. Education: Macalester College (B.A. , cum laude, with
distinction in Political Science, 1974) ; University of Minnesota
(J,D. , 1977) . Member: Dakota County and Minnesota State Bar
Associations. (Real Estate, Estate Planning and Civil Litigation)
SHARON K. HILLS, born Sheboygan, Wisconsin, June 16, 1964;
admitted to bar, 1989, Minnesota; I990, U.S. District Court, District
of Minnesota. Education: University of Wisconsin-Platteville (B.S. ,
1986, Dean List) ; Hamline University (J.D. , 1989, Dean's Honor List) .
Law Clerk: Federal Public Defenders Office, 1987-88; Criminal defense
firm of Philip Villaume & Associates, 1988-89; First Judicial
District, 1989-91. Member: Dakata County and Minnesota State Bar
� Associations and Minnesota Women Lawyers. (Government and Litigation)
ROBERT B. BAUER, born Minneapolis, Minnesota, June 27, 1964;
admitted to bar, 1992, Minnesota; 1993, Wisconsin. Education:
University of Minnesota (B.A. , 1987) ; Hamline University (J.D. , cum
laude, 1992) . Member: Minnesota State Bar Association. (Estate
Planning and Litigation) .
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CHRISTOPHER A. GROVE, born Wayzata, Minnesota, April 6, 1967;
admitted to the bar, 1992, Minnesota. Education: St. John's
University (B.A. , 1989) ; William Mitchell College of Law (J.D.
1992) . Member: Minnesota State Bar Association. (Corporate,
Litigation, Collections) .
•
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MICHAEL E. MOLENDA
3285-147th Street West
Rosemount, MN 55068
Municipal Le,gal Experience:
•
l. Coatas City Attorney for the City of Coats: 1993 - Present}
Duties include: attendance at City Council meetings when
requested; Ordinance and Zoning matters; Contract advice;
Open Meeting and data practices questions; representation
before the Minnesota Supreme Court.
2. Assistant Apple Valley City Attorney: (1983 - Present)
Appeared at City Council meetings, Condemnation proceedings,
employment hearings; Zoninq enforcement; Ordinance drafting,
� revision, and enforcement.
3. Lead Prosecuting Attorney for City of App1e Valley: (1984 -
Present) :
Duties include informing police department personnel of
recent statutory and case law changes in Minnesota criminal
laws and procedure, as well as developing procedures for
most efficient processing of criminal cases. - Primarily
responsible for determining what information can be released
by the police department pursuant to the Minnesota Data
Practices Act.
•
Review police reports for criminal charging. Prepare
complaints for petty misdemeanar, misdemeanor and gross
misdemeanor offenses. Attend court appearances and try court
and jury trials. Prepared and argued appellate cases,
including: State u. Powell, 357 NWZd 146 (Minn. Ct. App.
1984) ; State v. Grohoski, 390 NW2d 348 (Minn. Ct. App.
1986) ; State v. McCaulev, 460 NW2d 363 (Minn. Ct. App.
1990) ; State v. Turnev, C4-91-1395 (Minn. Ct. App. Oct. 1,
1991) ; and State v. Tranbv, C4-91-1397 (Minn. Ct. App. Oct.
1, 1991) .
� Academic Bar Admissions Certifications and Affiliations:
William Mitchell College of Law, St. Paul, MN
Juris Doctorate, cum laude, 1982
University of Minnesota, St. Paul, MN
Masters (Education) 1975
� A-4
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University of Wisconsin-LaCrosse, LaCrosse, WI
Bachelor's of Science (with honors) 1972
Bar Admissions
Minnesota 1982
• Federal District Court (D. Minn. ) 1984
Wisconsin 1986
Minnesota Trial Lawyers Association
Association of Trial Lawyers of America
Dakota Gounty Bar Association
Minnesota Bar Association
Wisconsin Bar Association
� American Bar Association
Community service
Rosemount Lion's Club: President (1990 - 1991)
Rosemount United Methodist Church: Positions held include Chair,
Trust Fund Committee; Member, Administrative Board and Board of
Trustees; Usher, Teller, and Lay Reader.
Founder and Past President: Rosemount, Apple Valley, Eagan Swim
Team, Inc. (RAVE} .
•
Member: Northern Dakota County Chamber of Commerce; Apple Valley
Chamber of Commerce.
Member: Rosemount Fire Station Referendum Committee; Rosemount
Business District Improvement Projects Committee.
•
• A-5
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ANNETTE M. MARGARIT
7238 Fourth Avenue South
Richfield, MN 55423
� �Kunici.pal Lega1 Experience:
1. Assistant Eagan City Attorney (1989 - Present) :
Represents the City in condemnation and assessment
procedures and litigation; successfully argued two (2}
appellate cases reqarding assessment appeals; represents the
City in zoning code enforcement prosecutions including
tobacco license revocation and conditional use permit
revocation hearings; conduct legal research and prepare
advisory opinions regarding various municipal-related
issues. Assisted in preparing officers conducting internal
• investigations.
2 . Assistant Apple Valley City Attorney (1989 - Present) :
Represents the City in employment-related matters, including
Veteran Preference hearings; preparation of public employee
strike notices; release of personnel data issues; peace
officer disciplinary hearings; and termination issues.
Prepared and argued several criminal and municipal civil
appellate cases to Minnesota Court of Appeals and Minnesota
Supreme Court. Conducts legal research and prepares advisory
opinions relating to various criminal, personnel and general
i municipal issues. Prosecutes Apple Valley petty misdemeanor,
misdemeanor and gross misdemeanor offenses in addition to
city code violations, including five jury trials and
numerous court trials.
Other Related E�erience:
1. Minnesota Court of Appeals Judieial Law Clerk (1988 - 1989) :
Clerked exclusively for Judge Robert H. Schumacher--
responsible for extensive legal research and writing of
• bench memoranda and appellate opinions.
2. Fourth Judicial District Law Clerk (August - December 1987) :
Clerked for District Caurt Judges Pamela G. Alexander and
Robert H. Schumacher--responsible for legal research and
writing court memoranda and order opinions.
� A-6
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3 . Research Assistant to Minnesota Legislative Analyst, Marsha
Gronseth (1986 - 1987) :
Responsible for researching legal and policy issues raised
by members of the House of Representatives pertaining to
• elementary and secondary education.
Academic Bar Admissions and Affiliations:
University of Minnesota, Minneapolis, MN
Juris Doctorate, cum laude, May 1987
University of Minnesota, Minneapolis, MN
Bachelor of Science (Education) summa cum laude, May 1978
Admitted to Minnesota State Bar and U.S. District Court (Minn. )
•
Academy of Holy Angels Board of Directors (August 1992 to
present)
University of Minnesota - Committee on Intercollegiate Athletics
(October 1993 to present)
Lecturer for DWI seminars presented by Minnesota Institute o€
Legal Education (1993 and 1994)
Dakota County Bar Association _
a Minnesota State Bar Association
•
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SIiARON R. RILLS
14816 Orchard Drive
Burnsville, MN 55306
Municit�al Lectal Experience:
• Assistant Eagan City Attorney (1991-present) :
1.
Work closely with City of Eagan staff to create, review and
evaluate programs such as multi-community joint housing
inspection program, potable water contamination (backflow)
prevention program, and special assessment payment-plan and
pre-project appraisal programs.
Conduct legal research and prepare legal opinions regarding
joint power programs; campaign practices for bond
referendums; authority to sell public property/purchase and
• develop property; delegation of City Council's various
powers; regulation and enforcement of telephone, utility,
and pipeline franchises; municipal liability; and zoning
issues.
Draft ordinances relating to outdoor storage, animal control
and regulation; shoreland zoning; local lodging taxation;
paintball facility(s) regulation; dangerous weapons; Assist
in ordinance codification. Attend and prepare minutes .for
Advisory Planning Commission meetings.
2. Assistant Apple Valley City Attorney (1991-present) :
•
Represent City of Apple Valley in criminal prosecution
proceedings from arraignment to post-sentencing hearings,
including seven jury trials and numerous caurt trials.
Assisted in the writing of appellate briefs. Extensive
contact with community residents. Prepare annual legislative
and caselaw updates.
Draft ordinances relating to regulation of nude dancing in
liquor establishments; after-hour presence in liquor
establishments; public urination; curfew for minors; and
impoundment of DWI vehicles. Draft joint powers, easement
� and special assessment agreements.
� A-8
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Other Related Experience:
1. Federal CJA Attorney (1993, 1994) :
Appointed by federal Eighth Circuit Court of Appeals for
appellate representation of federal eriminal defendants in
! conf lict cases.
2. First Judicial District Law Clerk (Dakota County)
(August 1989 - May 1991) :
Clerked for Judges Michael V. Sovis, Leslie M. Metzen,
William F. Thuet: Responsible for legal research and writing
of court's memoranda and order opinions.
3 . Law Clerk--Philip G. Villaume & Associates (June 1988 -
August 1989):
• Responsible for legal research and writing criminal pretrial
motions, trial briefs and state and federal appellate
briefs; Prepared jury instructions and trial exhibits.
4. Law Clerk--Federal Defender's Office (December 1987 - May
1988) :
Responsible for legal research and writing pretrial motions,
trial brief, and state and federal appellate briefs;
Prepared jury instructions and trial exhibits.
� Aeademic Bar Admissions Certifications and Affiliations:
Hamline University School of Law, St. Pau1, MN
Juris Doctorate, (with honors) , May 1989
University of Wisconsin--Platteville, Platteville, Wisconsin
Bachelors of Science, with honors, (Criminal Justice) May, 1986
Admitted to Minnesota State Bar and U.S. District Court (Minn. )
Dakota County Bar Association
! Minnesota State Bar Association
w A-9
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BXHIBIT C
SAMPLE ADVISORY LETTBR
�
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C-1 -
�
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SEVERSON� WILCOX & SHELDON, P.A.
LARRY S.SEVERSON A PROFESSIONAL ASSOCIATION KENNETH R.HALL
}p(��F.SHELDON ATTORNEYS AT LAW SCOTT D.JOHNSTON
J.PATRICK WILCOX LOREN M.SOLFEST
MiCHAEG C.DQUGHERTY• 600 MIdWAY NATIONAL BANK BUILDING ANNEfTE M.MARGARIT
MICHAEL E.MOLENDA 7300 WEST 14TfH S'iREET 'BRADLEY SMITH
APPLE VALLEY.MINNESOTA 551247538 SHARON K.HILLS
(612)432-3136 [tosExT s.BAUER
TELEFAX NUMBER 432-3780 OFCOUNSEL:
JOHN E.VUKELICH
�
January 24, 1994 :
Chief Lloyd F. Rivers
App1e Valley Police Department
7100 147th Street West
Apple Valley, Minnesota 55124
� Re: State v. Proechel
, Dear Chief:
First and foremost, I am writinq to congratulate you on your
retirement. The ten years you and I have worked together have been
memorable and will always stand out in my mind. I appreciate all
the help you have qiven me over the years and wish you nothing but
the best in the future. I hope we can still have breakfast on
occasion! '
The second reason I am writinq is to ask you to please make sure
� that the officers issue citations for no proof of insurance in
violation of Minn. Stat. 5169.T91 rather than no insurance in
violation of Minn. Stat. 5169.797, Subd. 2. I know we have talked
about this before, but the enclosed court of appeals case, State v.
Proechel, makes that importance even more evident. In Proechel, the
defendant was placed in the back of the squad car and then was
questioned about insurance without a �anc�a warning. His statement
that he did not have insurance was suppressed.
I believe that this case may be appealed to the Minnesota Supreme
Court, but in any event, I believe it is the better policy for the
officers to request proof of insurance, and cite them for that
� offense if they do not provide it. In such a case, the Miranda
problems would not come into play.
�
[NDIVIDUAL A7TORNEYS ALSO UCENSED IN lOWA.WISCONStN OR NEBRASKA
•CERTIfIED REAL PROPERiY LAW SPECIALIST.MSBA
�
Page 2
Letter to Chief Rivers
January 24, 1994
�nce again, congratulations on your retirement. I look forward to
seeing you on the 26th.
•
Very truly yours,
SEVERSON, WILCOX & SHELDON, P.A.
Michael E. Molenda
Apple Valley City Attorney
MEM:kag
� Encl.
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. p�sB�x 31 I993 �NANCE�xn Co�r�xca Arrau►�COtnrrs EnmON
fstionat hypotheus exist,and the state did noc disp�o�+c ehem.the the back seac•
bmirc eircumstantiai evidencx of disparate amounts �Cted six monchs Proechel's statement��� � o�P��,�o�
a�art in cwo rnmpletely different sectings is insufficient to sustain a owne�ship oocurred � � W�d
ctim�rwi oonviction of attempted theft by sw�ndk• 'Phat corniction then asked him for his�nsu�saa c��d,°nd���pD°d°d ths�
is revcrsad• the cat was not insut+ed. with drivi withwt insutaaoe. 'Ibe dia-
A(ttrmed in psrt and revetaed In par� Proxhel was d�atgied ,s����t the pc was w�in•
trict aourt suppresse�d Proec�el
'!'hts opinion will be unpublls6ed and swedbecauseProecbelbadnotbaagiveaaMiraudawuninSptbr
may not be cited exoept as provided by ro being questioned ia tbe b�dc seat of the sqwd c�abocu proof of
Minn.Stat�480A.08,subd.3(1992) iosuraoce.l
11Lere�no otha pcoot Ptoee�d Iaeb in�uzan�'�►�Le aanot ao�w be
� .�� �� niced�o ptovide P'ad d 1as°�b Stti 169 74Z.snbd.
� _ ? . : ��>��., Ses�motie�Recea�yiitbe
.,.
��=�'�:=>�=. �- �,>::;.:;:=:�,.>_:.;::>�>`:.. , ..��F �(�)(d����tet�R�
.�.�. �(
:::;�;;.;:: . ,r d�vu hn not boea�ires a
�,-�.: E.. .
� '� ` � � t� h� D$CISION
��.4��_
'1be seate oonaa� me di�rict oast �► acrod br rulio8
Peaechei sbonld bsv�e baa �vea s Mira�ds �ni� md q►
Wi�eca Goamp Randatl,]udBe his satea�ot. See,ai+��•Vo1�F,� +t86 N W2d
pistrfd Conzt F'�e Dissendng.F7eming,ludge �PP�� d ect�ooeoat staodud ot ttiwkw
Tg3.T95(ty�ian.App'19!q��pP�94:��$�.Pet'!br
No.1893332 appited ro sta�': � .
Staee o[Ivlianesota. • Hubett H.Humphrey.IIt rev.deekd(Mt�m.��.i�. _
agr ocw�ca, An�aer Ge�l . 'Ibe tac�wh�bar s pason k to a�od7�:piupoea ot Wa
b . . .
�M'ianeso Sq tr�a �ivhe�u��raronabie Petsoa h 8�e p��t6e deaioee
Appolaay wrould 6e}ie�ra th�t be a she�nt in cmtod�• • �
,� se.Paut,1�`�ss�oY . se.�e..xo�ee,��s N.wza��t��►1?��1'6e oo�ucc in
' Ra�e weat on ro sue�
Keith L Deiioe. 'Ihe curnat ueSnp�aoe��-'eea�b be tbat a"
WsaocaCiq►Aaornelc : ��.��� otlt+BraadaU� .
109 South Stste Saeet � a����ocaated wi a�'ocmd amst.'isd if ist
. , wasoca►MN 36093 � - betiet b objoc�r'dpreaon�bl�►�. ... - _'.-.___ � �
_ �� .;., - 'a�:. :-
�rs, : . �i�� T6e tnitial atnp of Proecbet"i�od-tbe questiooio6!r�►�a o81ca
while he�ood out�de tbe�'t dovc aodd rea�oosbiy ba�oea
p�ettlr Lee Proechd. . Karl W.Sonnam�n ea namel roadatde qttationt:wl�;b. li it p�ooeec4 no i�atibet,
11IRivu6onqSuite409 �j, ����WbdO�too+�113e�Sfo[sM��'
��, Wiaona.iNlN 559�7 � Seo Bee'1o�a�er tr.Md�tt�.
. mtx� 1993 468 U.S.420.439.lOt Q:3138.31SOia1� ���7
F i t e e D e o c 2 8, n�c e t h e c t 6 e B a 1�'o��e d t�t c�,
Of'fica of Appellate Cowts ��dte detaimd drlvtt b��t re�la� 'in c�tt-
� �ody.'� Id.at�40.10�t S.CL�t 3150. ' . .- . -
Canaidered and docidod by Randail, Prtsidiag Judge, Davies► p���the isc��W�(�n.1993 ktk�
Jed�urd Fteming.Judge. — t6an here.Sbte w Wdel�.
'ReKied jodge ot the di�rid oouA.euvi�►8 u jod�e�tAe Comt at � W�. � �l� fOt�sed oo�he defe�dent's o'�
NPPpb b7►•PPa�tm�nt putsuant to Mina 0��.s�i.V[.;10. �,a lad[t6e�eo�.rad�a d�en on tbe oSioer's�t�a�in8
UNPUBLISHED OPINION stat�t�twahhwas°°�����'�ar�°�
Ind Lawrenoe Gsltagher.Diatrict Court Tr�sl haadc�ed'�d�a��tmd ttloen piaoe. ?d.at 600.6QS.
• RANDALL. �•(Hon. �a proeci�d':c�as�000�be a�it�ed b d�e crinoe of dcivio�
ai a is from an orda sa pressing withont s lioeose► tbe a�oet �d ta�lla�n6 b biat ft+an tbe
�� pt+omecutian Pcrzri PP� � direcoed�p�Ptnec�ee tn�o d�e b�t se�d+o[. �
t F Pc�echet in s c�se unvoh►iag ���+��°0� °
�rnade by nspoadea erry ��qr. It w�aot m�til Proecbd��r dwdt�ed thaee
s dsar�e of driving wit6out i�nraaoe. 11�e aist cauct suPPnssed � w6k�t ied b 6it lowwiodge
proecbei's statemceats beca�se�Miranda wamingwas giv�ea.We that �b�n 4�°;0g .
�� , � of Yrooc6d's lad�ot in�rsnoe.t!�cr�a�e at i�ne.��t6tir�tde�
�backdoors�'t�s�t�caanotbet�pwed
� . FACTS ' by any oociepen� In�t[on.that us win b.rs s�oa
P���oPP�bY a polioe offiou who had roodved a radao ��ts ta tbe bac�c sat�+om tho�e�tbe hoot.T6is���arc.!ilnro
ca!! �rom anothu depuity stating Proecbel had boen saa driving. �stmitarly designed.�e not to eqnlPPed b!► Ra�a.
'tLe o83oer was pasonatly awaro that Prood�ei's drivers license had y�y are t6e delibaa��bta+dert�iaoed bY Uw�ot�oemeat
baa caAocied,and a mtice had bxn posted at tbe police statioa t6at ��ql b�e�be b�d�seat a�sqwd Lus the�vRta�t of
praxhet l�ad ba�seen driving. uav�eling j�dis. 'Ibe b�dc sat a�+ea is tbe mloi vaaioa tha"padd�►
Afta bcatIng Froechel's car a� observing 6ira driviag. tt� �y�•y�ad h Wtentiondly dalgaed e�bo a�eoo800d ard�.-
o�io�stopped tbe vehicle. He testified: � The mece plscement of a defe�dant in tbe baide teat vf a sq�ad e�r _
I sppcoached the vehide,at�I uked INr.Proechd for his mi t not.bY its��a�e it iWl p�stodial de�eattoa st�omedc�xlly
Iiou�se. He ssid he dida't have ona 1 then�ioed him b �1�� ����wamingbe�oce ��8►��
eome back io my car. I spoke with him briefly. I asiced if V��486 N.W.2d aE 795; Stale w�N.W.2d 884
he owned the vehicle he was driving. He aaid he did buy $�ooaSoe�jn the foctoed bedt sat of a
. license.idn'ttransferownerahipbecau�ehedida'tluvea . ���,�wheain�eatioodlydone.itsfaddstthtsbbe�sento�ed.
'11�e first q�estian.the recluc.sc fa Pcoeche!'s driv+er':lic�a�s�oc� As t6e Baiumeroo�at sec out.all tl�e tsGs�td dre,�noa bsv�e
. curred whik che offioa a�od outside tNe driv�r':do�of Pmect�el's �be 000aidaed�s a whda'Thit is w6�t die Mtl oo�t�d.sad itt
c.s�.As so�aa Yroochel stacod be hsd no lioeus�a cxime.theoffwa oonctusia4 on tbese faca.b Snd a a�odld�tti�aad sapp[eu
0
asked tum to coma back to the squad car,and diraxcd hIm w sit In Pmoch�!'s inculparory��sara:nai�a sn ab�aaf
. 49 '
DEcta�nex 31 1993
� FINANCBAND COMMERCEAPPELLA'*4 COURTS EDITION
Tbb lon wili be unpub�vided b
� an analyzing the facts nor an etra of taw._xmin�to ita coaclosioa. �y n��d��apt�s p Y
'I'he dtstieccive and oontrolltag fact is tbe oftiac s breaking off tbe �n.Sb��480A.48,subd.3(1992)
quesdon and answec seasion he w�a hsving with Pcoahel tbrough
�s opcn window of Proechei's qr st tbe poiat when Peechel . : �•��'�:>;,�:;�<���.>:. �8�
g wl�t e lianse. Immedi- < .° � ,���`��`,
admiaedto�he craftic ccime of drlvla ` h � y ' "�'��`
�.'' ,,�4. �,
�� � ��
8tE1� U� Og ptOOCt1C��3 0[� COAfCSf10Q t0 t}fSt C[IfAE� tbE , '.za,.:. ry�„",�'�"�:s''•,�ax ><
.,, � Y,C��N�p"
'�,-�i
�cer dtrected Proocbel to t6�back sest of the offiar's squad ear. :� �'<:�.:�����;;�;;:>;>
'IU1s custodiai setting was aot tbe o�cxt's oaly oQtion. 'IL�a�I� � �
QOUId C85lIy 118VE C�0[1tIDt10d QtiC3q0A1A$ PIOCCbCI IQ tbC"tiQ�
positioa tbat he waa in wbea fu taitially appt�oached htr4 name�Y� pnolca County Nortoa Judge
staading oucside of respondent':csr. Iastead.the offloec bal�d me DC File No.KS-91•2964
gerloemer roadsIde questlonlag,ooaRt�ed Proochel;gava hiaY no Hubert H.Hum AI
Mlrsnda warning.and thea procoeded�o ytxatioa Ptoecriel�. Suse ot Mtanesot�, � �
• Wa�ra guldod by the rooet�caSe of StBte r.VaaWagYt�;SO4 . Attorney Geaehl
N.W.2d946,749(Mlnn.1993)wbecetbeMlnnesots3tiPremeCourt Rsapoadeat� u�4�
obsecved chae the�feadant wbQ N'�"pi�in tbe badc seat of a �P�y��SS101
aquaa car"baa ro be put aoraew�ero'�'Ad aouta uot,ia bia dnuilcen
atace.ba ktt in 6ii owa cai. Vira have aiawtly tbs oppesita sItuatian
bere.Ptoechaf dId not have to be"put s��,'aa be eould have . Robert MA Job�uoa
-baa!e8 ia 6Is own vehicle whlla the o�io�coatiuved the c�na. llnoks Couat�r Aaorney
tianjng. l�e uadtsputed chronology of e�rwts canaot be overoome. Msrcy►S.Cn�n
:Tt�e offioet :tacted with a almpla roadaida ;top and qu�atiakd I�asistsnt Couaty Attorn�►
Pcoxhet as to whether be had a dtiva'= Iloense. Ouce Ptoechd ' Anoka County Gavernment Ctr.
aclmitta!ba did not.tbe roadside quesdoaiag cxssed.F�t6ef ques- 2100-3rd Avenne
• tioning did aot oontinue uatil Pt�oeelye!wa;idely locbed in t6e bmidc =;d Molc�.MN SS300-Y16S
,�,.
seat of the offiar's aqusd cer.Tha o!lloa.a�e t dalibueta c6otee � ,;;ti..,
to detain Yroeche!rather thsn contia�tiD telk to bIra in tba�m- - v�''��t,,';. ' •
,� 6iedend setcin&whae tbe qastioaing Md Kstted. � ��•. . • � Msrc G.Kutzuua
Wa do not ccipcim t6e offlo�'s�ioa�.?I����y'"� �J��Ph Wihaeski. Lieda M�0��i� .
:��t�snt to ptopetp� ce procodtu�e� �t �`- �t, yµ�Aveane S�outA
�a�a�d aoeena ddvtn��teoso. O�u o�i7► �pP�
• �ls wt�etha auddeu .d�ange to tbe ait�odld settiag catiod �t'�`��v ��q�MN 55404
tot:s Miranda wacnin8�o t'�sp°adear"beQaa turtba��tu�at . � . �' .� - �
Ws�ffirm the erlai cayte'a ooad n�i o a t h a t a a d�i s s�p 6� � ._`�;. . FUod Doeeaabor 28�1993
�a�,���ia��a,�arroe�w��� �- �..=::-. : oca�oc�u.�c�
. ,�,�.�t�dwi�����+uc �� ,��:-- ,;',
.eWt tbe ckieadsnt•ara i�t wtt0ldY�M��P'0��°i' :�. • decidod bp Autuadaon+pr�st�8 j��
.sffiraa untess tl�e cotut's adet w�t dacYY��on,'°°w. VO�'� ,Jud�+a. .
N.W2d�-?4S. Oa t6a-taat �nd drwn�.oi Pcexhet: ,1�1�_ . .
�����������1y aRbyftnditi�is�weain , �NPQBLISRBD OPiNIO1V�
�c.�atody R'� Y+�PP�Od Ptvoct�t�ttat�mer► . 1�tOSTOrt,� . (I�on• Micbsel J. Roftb. Dituict Court 'frial
'TUe c�o�ut � ,,. �- � �d�e _. �;
. ��'M'�a�ed' ' . .� , . ;- � .�, . •�;.:::s---•tbu 1�ti Com►lettoa sbot�ld be s�av�taed becanse
� �G.J�dSe(disartitlt�. `. Y �� _' �
•n�g�I dfi=a�cee wtth the m�f otl_ty'=ooAduaios�thst Proeci�d . tba . �C•. • ��� �yld 6ave c�o�nclu�ded t6at
� �was ia aittody wheo plaCed in die baciC te8t Oi tbe squ�Car,I n� ' �� � ��[u�iiitot��1�:regartea touchins the
llydisaas� y•.._ . .... . ...-
,�'�badc �a! d s squad eer. t�ough loc� �4 F�� � � a�ott�r'=�B �� reactioa ro appeilant
qaat tel t6e victim�o
s a�d�is t��y l�t�seif s cuseodid seet Slabe�.Het'ea� "sat edt�cxdon;fwom �8
m�pe
���N.�w.2ci ss0.883(Min�.�:i9�?:�sma•�'0�as6 x.w.Za ' � ,�ana trow:otber s1m�•r taca.
�:,��A���,��r.�{od(Mirm.Au�b 'sss- q', �. ��p�tt elut bia dne righea w��eera
199zy. �ic !oc�poNns�a�stae ro jait,sa�bt� ��riot�e�. " ol�dat:'��a���1Pa�Y
���d ia oot�.�pOltve dece�e�!��Kaa he was taoo�'ds�»'t _ . �tion. In s ptla appeat, thta oo�ut
.�og ro3at1,ualtlaesheo�t io�i�t. �v�.486 N.W.2d st �tmiaed tMt ;. �io�reoQrdawue iuuna�� ���u
96(offia�mede aat�anamt which dafeadaiat couid t�easonaWy d�s Isw vd tbis c�i►• ,�..
uka ro mean l�e wu�oing�v jell aaleas he gew s atatement). We hoM�tt Hfe ttW oou�t acxed withtn its discretioa when it
�Tbe clu�aology of the o�oa'a�Proeehei alsa faI� utva �t�ea�ij��dmenu �jury iastNctiona
� diatingutsh thia case from 8aem sad Stab r.VsqWa�uuer,
N.w.Za�as,�as�na. i�y. Oncx cee off'►ar decerm�nea ceac . FACTS
Yroechel had no drivec'a licenae.it w�aa prudent w remov�a lum In t6a faii a�199a appepaat Jsoob Wiherski'a aixe,H.M.B,
f�n his car for furthu guestioniog ss it W►ould be to temove a ��q���eDy abuslag ber in 1985•86. In spite of
drunicen driver. To imply othecwisa�a"uorealiatie seeand-guesa- ��t that HM H::rnott�cloarly nj�eted aPpellant's offec to
ing." State v.Moffatt,450 N.R►.2d l 1b.119(Mina.1990). - �H.M.B.about spc,a�ellant gav�H.M.B.t�'o leuuons in`good
I respoctfWly dissent. touch/bad rou�t'dtuiag wb�ch be cepeatedly to�bed ber gcnital
. �a s ftve�dey lrlsl,tbe j�ry fouAd appeti�c guilty of two couaca
of uimInal apn�al o�aduct in the accond degra. Ttiee trial caurt
tqyedexocucioao�appd�t'aseatenaof 21 months impcisonment
� md+�53000 fu►e.Provided tbat appellapt remaia on probacion for
�y��,a�va 16S days ia j�;1,pRy a 5373 fina,and make restitntion.
. 50
i
•
�
EXHIBIT L
RECENT AUDIT OR FINANCIAL REPORT
�
�
L-1
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i
�O� ' �
MEUWISSEN,FIYGARE SZARZYNSKi,P.A.
�
June 2, 1994
Mr. Thomas D. Burt
City Administrator
City of Rosemount
P. O. Box S10
� Rosemount, MN 55068
Dear Mr. Burt:
Meuwissen, Flygare & Szarzynski, PA and our previous CPA firm have been working
with the law firm of Severson, Wilcox & Sheldon, P.A. since late 1989. We
prepared their 1989-1993 corporate tax returns and reviewed the financial
statements as of December 31, 1993. We are also involved in assisting them in
preparing internally generated financial reports.
We are familiar with the management of the law firm in addition to management and
financial records.
� We have found the firm to he very responsible with their financial operations and
management.
Very truly yours,
� `
. /��`�1,�
��
Ron Szarzynski
�
�
PARK NATIONAL BANK BUILDING • 5353 WAYZATA BLVD. • SUITE 606 • MINNEAPOLIS,MN 55416 • (612)541-1996 • fAX(612)541-4759
�
� .,� y 1-/T/�--1�1 �V
PROPOSAL/PRESENTATION RATING WORKSHEET
CITY ATTORNEY LEGAL SERVICES
JULY 13, 1994
Firm:
Points Points
Possible Awarded
1. Relationship of experience to the scope of work. 30
Assess the firm's ability to perform the work based
upon nature and depth of previous rnunicipal
experience.
� Comments:
. 2. Qualif'ications and involvement of key 20
personnel. Rate the firm on the incorporation of
key players including lead attorneys and support
personnel with quality experience in this area.
Comments:
3. Apparent value of service for the cost proposed. 10
Does the firm offer accepta.ble service at the cost
defined? If not the lowest cost bidder, does the
firm offer sufficient value above and beyond its
competitors to justify the additional expense?
Comments:
�
r
4. Quality of presentation content. Rate the oral 10
approach of the firm with a focus on substantive
content.
Comments:
5. Responsiveness of the presenter(s) to the City 10
Councils questions. Assess understanding
composure and completeness.
Comments:
6. Ability to work with staff and Council. Assess 20
the fum's ability to communicate and work with
key decision makers for the City.
TOTAL 100
Other
Comments:
' .
'
,
'
'
' PROPOSAL FOR LEGAL SERYICES
FOR
' TH8 CITY OF ROSEMOIINT
,
'
,
'
'
'
'
'
'
'
'
'
, JAMES P.LAPKM � LL']1\11L1\, HOFFMAN��DALY& LINDGREN� L iL. � DANIEL L.BOWIES� .�
ROBERT�.NOFFMAN � � TIMOTHV J.MoMANUS
�acK F.on�v A T T O R N E Y S A T L A W nMoniv�.K�wE
' D.KENNETH IINDGREN . � ALMI M.ANDERSON �
GERALD H.FRIEDELI DONNA 1..ROBACK
� ALLAN E.MUWGAN MICHAEL W.�SCHLEY
JAMES C.ERICKSON LISA A.GRAY
EDWARD J.DRrSCOLL 1600 NORWEST FINANCIAL CENTER GARY A.RENNEKE
� GENE N.FULLER . . CHRISTOPHER J.HARRISTHAL
� JONN D.fULLMER � � . � � �I9OO XERXES AVENUE SOUTH � MICHAEL A.ROBERTSON
' ROBEHT E.BOYLE � � BRUCE J.DOUGLAS �
FRaruK i.Har+v�' BLOOMINGTON, MINNESOTA 55431-1 1 94 WIW.4M C.GPoFFITM,JR.
CHARIES S.MODELL JOHN J.STEPFBJHAGEN
CHR�STOPNER J.DIETZEN TELEPHONE(612)835-3800 DANIEL W.VOSS
JOHN R.BEATTIE � JOHN R.HILL
LINDA H.FISHER . FAx(6�2)896'3333 � . � PETER J.COVIE
THOMAS P.STOLTMAN � � � MICHAEL J.SMITH
, MICHAEI C.JACKMAN . . � VILIS R.INDE
JOHN E.DIEHi . DWiGHTN.HOLMBO�
JON S.SWIER2EWSK1 ANOREW f.PERRIN
THQMAS J.FLYNN ANN�M.MEVER
� JAMES P.QUiNN FREDERICK K.HAUSER ill
TODDJ.FREEMAN � � � MARV&�VOS � .
PETER K.BECK � . . . . � LARRV D.MARTIN� � �
JEROME H.KAHNKE � . " ' . . JANE E.BREMER � .
' GERALD l.SECK � . . RENEE L.TOENGE8 ��
JOMN B.LUNOnUIST MARCY R.Kf1EISMAN
DAYLE NOLAN• �MARIEL E.PIIIAIA
TNOMAS B.HUMPNREV,JR. DAMON E.SCHRAMM .
� � JOHN A.COTTER• . � � � STEPMEN J.KAMWSKt �
�BEATRICEA.ROTHWEIIER � .
, PAUL B.�PLUNKETT OF COUNSEI
ALAN L.KILDOW WENDELL R.ANDERSON
MI HAEB LEBARON� MARK AGRURIK
GREGORV E.KORSTAD �
� GARV A.VAN CLEVE� . . •ALSO ADMITTED MI WISCONBM �
, June 17, 1994
Thoma.s D. Burt, City Administrator
, City of Rosemount
P.O. Box 510
Rosemount, Minnesota
, Dear Tom:
Larkin, Hoffma.n, Daly & Lindgren is please to submit this proposal for
, legal services to the City of Rosemount. As the present city attorney
for the developing cities of Shorewood, Elk River and Oak Grove,
Larkin-Hoffman is ideally suited to represent the City of Rosemount.
' As a firm, we routinely counsel these municipalities on issues
relating to controversial land use ma.tters, public improvements and
special assessments, environmental matters, � business regulation,
employment matters, and economic development projects. Additionally,
' as the pre eminent land use and governmental affairs legal practiee in
this region, Larkin-Hoffman is espeCially well prepared to assist the
City of Rosemount in the major issues facing the community in the
' future. As a full service general civil practice, Larkin-Hoffman
possesses the legal skills, personnel and resources to meet the
' demands of a rapidly growing community such as the City of Rosemount.
' Thank you for the opportunity to respond to this request for this
prestigious engagement. Should you have any questions relating to
this submittal or our qualifications, please do not hesitate to
' contact me at 896-3203 .
Sincerely,
, ..�..:�...
��.•��
' Timothy J. Keane, for
T�ARKIN, HOFFNIAN, DALY & LINDGREN, Ltd.
,
TJK:LJ4s
1
, :
R�al E�tate Law
� �
� , . .
Oux real estate law depat't�ent represents clients` in tk�e acquisition; ,�,��;,�5.,.,�T�,�_�,W ;
aSS8111�'31y, construction, financing; leasing and disposition �f real estate. ;���RNA�,E olseu�xFsourr�oN
We �ssist developers and irivestors in their analysis and acquisitio� of BAN�,,�
parcel of land for all types of projects. Our developrr�ent clients include BEN�
privately-owned enfities and local goU�rnment authorities involved in` BUsr�s P���
housing and commercial developmen�axid redevelapment projects. ���+�ANo B„���3�W
�� . .. -� ' � -.�� � � .. �..� . . � �.� � -:�� .� . ' .� � -��� `CRBDITOR,�D6BTOR AND BANKRtlP7'�Y � ` .
� ���'�SIIIg��.�. ' . . . . EMTNENT D(7MA[Pl . .� ..
We represent both landlords and tenants in the drafting, analysi� and EMI'�YM��T AND�BOR►�W
negotiation of commercial leases for office industri�l,retail and Qther types �!`'�O"'"��"'^��"W
, � Of��I�OJPiC�S. � � . � .� � - FAMQ.Y LAW.� ..
- � ' � .: .�. . .� . .� � . . . . `: . � . . ..,. . . `�' ..,��. . .. �.�'FRANCHLSE AND D[STRIB[1TORSFRP$_ . . .�.
. . . E�ilf�I.Clli�lIig - c�ur�c►aw �
We also,repres�nt a number of lenders with a variety of approaches to GO`"�'"'E�"`a�`"'�`°"S
investrnent in real estate. Qur real estate lending clients include major "E"`"TH C"RE
� � INSURANCE AND CASUALTY LAW � �
commercial banks;various smaller commercial banks,a maj�r thrif�and a >
. . . 1NTELLECI'UAL PRORERTY� . .
major national "medium-term" lender. Our wbrk for these clients has
. ". INTERNAT[ONAL LAW . , .
involved all aspects of real estate lending, including construction and
� LA14D USE� , �.
permarient mortgage fit�ancing, matched'f�nding loans,�interest acerual
. � LITlGATiON .-.: ,
elections, cash flow and equity participatio�s and similaz devices. We
. , � y, . . ;�� , PERSONAL INJURY. �
TPi�7PeSETiL IeTiC��TS fTOITl tLAe j7I�P.paT'at1011 1T1C� IlEgOCIat1OI1 Of IOa.11 COTT1ITi-1t- pROPERTY TAX APPEAL
ments through'document drafting and ioan closing. We also adVise our P�o�SIo�A��o�o,�+TTo�s
ciients pn proble�n loans, wl�ere our worl� has inciuded workouts; bank- ;,t;g����,�
riljptC�J IT1a�eTS aTl{�fQPeC10SUTeS. rue�.�c pNn Mt�tc►rn�.i;nw
� .. . - . . ' . . � - . . . - . ��-REAL ESTA7'E, . . � �. .
Variety and C�eativity SE��
�Ve have represented lenders and developers regarding mulfifarnily resi= T�;��5�,�,,a�TA�.
dential projects financed in a variery of ways,including construct�on loans, -,�,;E�oM��«ATTONs
canventional permanen�mortgage laans and pooled bond issues involving; WOR��s�oMP�,SA�oN '
mortgage purchase agreer�ents with the Federall�Tational Mortgage Assa-
ciation(Fannie Mae). We have also represented developers and lenders in
projects�far low and'�nad�rate income i�ousing i�valving canver�tic�na.� . � -
construction loans supplemented by grants from�rivate sources and loans
of federal and state gra.nt funds secured by subordinate mo�tgages:'
. . . � � . � ��: '.. ,'-. � . . ��- � ... .:Prfnced on 100Rb recyckd paper . ' " . .
.. . . �i. .. . . _ . . , � ,� �� . _�� .,
' 1500`Norwest Financial Center •' 7900 Xerxes Avenue South � Bloomington,Minnesnta 55431 • 612/835=3800
Employrnent and Lab�� La�v
� : � � � �� .
�� �h�Ever���Chan,ging 1Vlarketpia�e�� � � � � � AOMa����w `� ��� �
., . .,.� . . . . �. ..� .� �.. � .. �. . .. . � ... _. ON,. .,.. . ,,.,
$usmess challenges have histoncally come frorn outside the c�rporauon. A►.�RNA�E D►SP��or�
The laws pertaining to the workplace are pervas�ve; they affect every 8���
organization that employs people. Congr�ss, the Minnesota Legislature, B�'S
and courts are c�nstantly defining and changing employer abligations and H�s�s p►�wNIN� `
employee rights: Uirtually every employer requires experienced counsel �°R��,'�^r'°B°S�S�.W '
concerning both the problems and r�les fhat employers confro�t.The major ��fl�'°�,°��'°"^r'�'$A�„`R°��"
efforts of lawyers in the Employment and Labor Law Dep�rtment focus iri E�,NE"'�'�°°`""'r'
two distinctive areas -- carporateJprevei�tive law and employr�ient law �"�LO�'"N°LAB°R�W
' litigation. ����AL��
. . . :. ' . . � :'. � .. �..' . ���,'. � . ' � .�.� - �..-AAb1I1.YLAW: ; . � . . �_'� -
� .� � . �. � _ -� , � , -. . � �� � FRANC}fISEANDDIS'FRBU�ORSFIIPS�� ; �
�revenririg Problems
� GAMQ�FG LAW � . .
� L�wyexs in the Emplo�ment and Lahor Law I)epartr�ent represent-many� � � � �
, � - � �,� GOVERNb�ENTAL RELAT[ONS � ..
organizations, businesses and public employers on "prevent��e" matters. ����A�
We can assist clients in formuiating and administering;employment poli-
,. . . PlSt1RANCE AND CASUAUTY LAW �.�. .
cies and procedures designed to avoid prablems and litigation.We are also �,.���.�,�,pROPERTY
' available to participate in the tr�ining of persctnnel to implement programs �,,AT�oNAL►�w
that comply with employment and iabor:laws.
. , LAND USE � �..
� ,. � � . � , ' � . . �, ..., � �� . �� . -:�.�_ �, � � LC17GA7'[QN'�. , -- � .��,� ' � ..
- • RCSOIVII��DISpULeS ��. '_ � . .. . _� � .. �. PEFtSONAL IN1URY � � .�
Significant changes in the lavv,as well as in employee attitudes,have made PRaPER,�T�,,z APP�,,
the challenges from within the corporation equally great. Discharged , PRo�S�oNA,,�o,�,�TTONs
eznployees often challenge termination by fiiing adrninistrative eomplaints P���Po��
or by retaining counsel to pur�ue laws�its. Allegations of discrimination p����ND��PA��.W
based on age,ra�e or sex,c�efa�ation and sexual�arassment are made with R�G�Tp�
�i�creasirig frequency. ��� � � � � � �� �_ s��,►�� _
- �, � .. - . . . ,.� .: �_. , -� � . � - �. �TAX,TRUSTS AND�EST-e(7'E�� ' „�, � . .
The Employment and Labor`Law team brings an extensive background to ��oMM�,�,I�^TTONs` "
a1l ;aspects of state and federal employ�nent and labor`Iaw litigatian ' WOR�'S�o��,s^TT°N `
including wrongful discharge,disc�iminatio�,,fair labor standa.�ds,collec-
tive bargaining; and a wide range o�personnel and employee discipliz�e
issues. M�mbers of the department also have experience in labor related
issues such as contract`negotiations, �nd general union relations. We are
experierieed in handling employment disputes, whether the claims are
asserted as individual lawsuits,class actions,administrative complaints or
internal grievances. .
� . � � . � . . . �CO�tlnued. . � � Printed On 100%�recyded poper
. . _- .�-.. .., -
1500`Norwest Financial Eenter • , 7900 Xerxes"Avenue South • BlooiningCon,Min�esota 55431 • 612J8��-3800
� � Etiplayrrient�Litiga��ion �� �� � � � � � �
Using our extensive litigation experience,-ive counsel employers on how to avoid lawsuits ar�d how to reduce
` liability shauld a lawsuit arise.At times a tough negotiator or a skilled fighter is neec�ed.On the other hand,the
best possible solution for both management and labor may require attorneys who present a more conciliatory
attitude-=though no less skilled in�egotiation; no less ca�cerned with their Glients'interests. Both approaches
are available �vithin the firm's employment and:labor law �lepa�tment. -
- z _
Indi�idu�l Rep�esent�tion
Because of our expertise in the area of"prev�ntive" mratters, our departrnent has the ability to quickly analyze
` individual situations and the capaliility to handle such matters on that basis as needed.
� . . �
^
EMPLOYMENT�iND L�BOR�.AW DEPAR�MENT .
: DayleNolan Ciiiberto,Department Head
- Christopher J.Harristhal
� � � �� � � �� � � � � ��Donna�: Roback �'� .�
' � �� � � � � � �� Lisa A. Gr�y� � �� � � �
��� � � � � � � � � � �� � Bruce Ja����Dougla� . � � � � �
Shanr�on K.McCarr�bridge
' < Marcy R.Kreisman
� ��� � � �� �� � Joh�J.Steffenhage� �� � �� � � � ���� �� ' � > � , t� �
� � � � � ��� � � �Mary E. Vos� � � � �
� t
�nvironmental Practice Grou �.
p
_ .
Lawyers paractieing in the firm's Environmental Practice Group assist.clXents Ao�,�,«���w '
in four primary areas: third-paa�y liabiiity;permit issuance and enforceinent; A�-���D��a�oL�oN
regulatory compliance;and pollution prevention,mitigatiQn and clean-up. In B^N�N�
today's environmentally conScious sociefy, isst�es involving groundwafer,` BE",�"'s
surface water, air qua�ity, soil, and solid waste rnanagement are dealt with` e�s'�S�."""'"'�
frarn the highest lev�1 of co�porate decision-making to an individual's �°R"°R^�""'°B°S'�'�S�,"'
decision tb recycle solid wastee Th�se important issues require a comprehen- �oTT�R,DEBTOR AND BANKRUPTCY
��sive��.unders�tanding of today°s`�regu�at�ry and policy environment. � � � �N�r"�°o�� ��
� . - � � � �. ' .� �-�.. . '. - � �° - . . ". � �. . ..�_ � ` .,.EMPIAYMEN7'�AND�LRBOR LAW .'. : , � � ��,�
>Larkin,Hoff�nan,Daly&Lindgren,Ltd.,has distinguished its environmental E`�v�o�E""�AL�AW
practice by deveiqping a working knowledge:'of the environmenfal regulatory F��Y'�W `
. FRANCHLSE AND DLS7RCB[JTORSFIIPS��
pro�ess. The firm currently nas one of the most successful and,welYrespected
GAIc9NG 1,AW�' '-
government relations d`epartments in the state of Min�esota. Knowi�g:
� � - � GOVHRNMENTAL RBI.AT[ONS .,
environmental regulations is one thing; providing clients with a working ��,���
knowledge of the governmental andxeguiatory process is quite another. Our` �,S�a�.,�,wo�sUA►:;.,�,.�W
lawyers are experienced in identifying client needs and creatively working to Q,;:,,E,.�,,w PRpp&R.,.,r
sQlve them in areas such as: , '
, . . . . . . . PITERNA3'fONAL LAW��.
� -�. . " .. `� . .� � ' ' �;���. �� �� , � �� �.-Li�NDUSE `� .��.,_�. ... ...
� , � ��-• Superfund�Site Clean-up and�Thirc�-Parky Liability; � ���- � � ,.,�;�a,,TTON .�
• Water and'Wetiand Use Permits; p�s��,AL�;URY_
� •- Ope2'1t1ri�.S011t��O��1Z�T'C�(�uS w�St�FaC1�1Xi8S; �,: ��"� � � reoPExrY rnx nrrEnL��� �
•° Faeility Permit�ing; pRo�3�oN,��o��,TTo�s
• Environmental impact:Stat�ment Preparation and Processing; P�g����.I�Y
� ..•� A��U`Allty PP.I�IT1�tF1T1�'� ��. ., � PUBLIC AND�MUN[C[PAL i,AW ' .
� •� Contest�d Case�Heari�gs for��Salid�Vaste��a�cilities, �� � � R�-�T^� �� � � �
Wetla�ds Fill Permits; �"'�
• Legislative and Regulation Drafting,T,nbbying, and T'�,�U�S^"°ES�^�S
Rule-Making Hearings; � � � � � _ �'�o�""„�A�o� �� � �
• Envi�onmentaT Risk Management;and woR��s�oMPENSA�aoN
• Litigation About the Above Topics.
The enviranmenCal practice group has extensive experience and;has success- .
�ully represen�ed�lients since the ear1� 19'ZQs on enviror�mental matters such
����as permit���processing, r�gulatory�investigatior�s,� enforcemen�t proce�dings,. � � �� � �
'and developing ari�endments to various statutes and regt�lations. � ��� � � ����` � � �� � ��� �
� _, � � . _� ,
cQntanued. . . ;
� . �_ . .. � . .. ... . � � � � >� '� � � � - � � .` .� �. . .Printed wt,lOP%recyc[ed pqper .,�_ �"��.
1500'Norwest Financial Center - 7900 Xerxes Avenue Soath � Bloomington;Minnesota 55431 • `612/835-380Q
Work completed on behalf of clients includes:
� �� � •�� Air Emission, Water Discharge�Permits;� �� � �� �� � � � � �� �
. • Approval for Wetlands and Shoreland�xcavation and Filling; ,
': Waste,Disp�sal Facilities Perrnits; � '
� � � � ' Sewer Extension Permits; � � � � � � ��� � � � � � � ���.
• Preparafion of Permit Applications, Environmental Impact Statements and Environmental
� � � A�ssessrrient Worksheets; ��� � � `� ��� �� � ��� : � � � �� � �
• Solid and Hazardous Waste Facilities Permitting: Land�'ills and Processing Plants, Storage,
�'ransportatiori, and Operations;
; ' Resource Recovery,Recycling and Incineration Facility Contracts,Siting,and Qrdina:ncing; .
_
� ' ' Waste Facility C�rant Procu�ement and Bonding;, -
• Defe�se of Permit or Regulation Violations: Air Quality, Groundwater, Surface Waters
-� � �� Wetlands,��anc�EIS and�:EAW�Problems;����, � �� � �
° • ir�ction of Environrnental Audits and Securing MPCA"No Action"Letters; ;
D
• Super�und'and:Otl�er Environmental Contamination Defense,Responsible Party Invest�gations;
• Clean-up Negotiations, Cos�Contribution, and Insurance Investigations and elaims, ,
• Representation at Board Hearings and Adrr�inistrative Agency Conte�ted Case Heaxings,
•' County and Municipal'Solid Waste Ordinance Drafting; '
• 'All Environme�taT Litigation, Including Groundwater Contamination, EIS Adequacy,.L�.ndfill
Siting, Taxic Tort, State and Third-party Hazardous Waste Clean-up, and Resp�nsible Party
Searches:and Coordination;
` I7raft and Lobby Changes to Environmental Statutes and Regulations, State and Loca1 Hazardous
Waste Regulations, Graundwater Protection, and Rate;Regulations; and
• Amendments to Environmenfal Impact Review Ruies;Air Quality,Et�vironmental Protectian,and
Water Quali�y Regulations.
Enviror�mental'Risk 1Vlanagement -
- In a related'area Larkin,I�offman,Daly&Lindgren,Ltdo ass�sts clients in financial and insurance�ianning to
, allocate and limit'environmental risks.�Ve recognize that it is impossible to eliminate the threat ofenvi�anmental '
��liabil%ty. Risks can'be inanaged�,�owever,inmany��wayst� �� � �� , � � � � �
•, I�idemnity and Risk Allocation Prouisions in Purchase Agreements, Loan Docurnentss Leases,
Supply�ontracts, Praduct War�anties, and Other Agreements;
.. Insurance Prav'rsions in Co�unerciai Liabil,ity and Property Poli�ie�to�ro�ect Ag�inst
En�ironmental Expos�res Resulting from Ongoing Business Activities; ' `
• Insurance Provisions i�Professional Liability and Offi�ers' and Directors' Policies Protecting
` Against Environmental Claims;
. • Insurance Policies Agai�st Undetected Contamination of Property being Acquir�d or 1Vlortgaged;
• Insurance Protection Against Leaking Storage Tanks, Improper Removal'and Disposal of Asbestos, .
and Asbestos in Place; ' '
• Structuring of Settlernents to Protect Against Additional Future Liability, .
Governmental Relation�
an� A�ministra�ive Law ,
Lawyers in the government relations department practie�in the legislative ADM�,�S�,+��W
and executive branches at the federal,state and locallevel,as well as in the AL�NA�E D�P��o�.�aN
administrative agencies of government. B^N��
_ B� :
� � �� �Representing�Glients�_to �iov�rillxlent � � �� �� � � ���'"''�s p`'"�'�'� � �
In the br�adest<definition, lawyers in the governmental relations depart- Co"`�R^�^�,°B°s"''�S�`" ' '
ment opera,te as a skilled team to deal wifh any problem a cli�nt is facing at `�IT°R,°��`°a"N°B`,�`°p""
any level of government. 1Vlembers of the department serve as legislative E"Il11�'"�°°"'""� '
r�mwrnierrr nrr��neoa i.aw
counsel to a number of Minnesota and national corporations and bu�iness,.
" -: ° � . �. � ' � � �- `� � � � � ENVQLOIVMENTAL LAW :. .
trade,professional and municipal assocYations. In addition to the legislative
���.��W �� �
counsel role, governm�ntal;relations attorri�ys serve as general coun�el to
�X1UIi1beT�Of��tl'c�C�e aSSOC11�1011 C�2eri�5. . � �tnrrctnsE Arrn nisr�u�roKsrurs�
. . - . .. . . . . .. . , . .. . . . �GAIvIING:�LAW '� . � :�.,:� .
���. . . � � : , � . .. . , .. . . � . .�.GtlVERNMENTAL REf.AT[ONS ��. . . .
� T�e Work � � � � � � �� �� � �
. ��.,����
Typical areas of activity for tl�e department's lawyers involve: �,S�a„��,A���5���,.Y�w
.. ' . _� � �"'.�. ' ' � � � � , � � �. . . �. � .' -. ,. INTELLECTUAL PROPERTY� . . . -. . .
• 'Appearing before legislative committees; �,,A.��,,A��;W
• Helping clients organize �nd direct their legislative prograsns; �;No US� ` :
• Practicing 'before the Offi�e of the State Hearing Examiner on ' ,;,��,,TTON
proposed administrativ� �les; P�SQNA►.►�,URY
• .Working with the Metropolitan Council and its staff on mattters . PROPER�T;�,�P�,.
requirin�their appraval and on tec�inical report to be presented to pRo�S�oNA��n�a�TTaNs
' �� � O��I�E�01S O�g�VeTT11T18IIt; � � � _ �ruauc roL►cY �
• Negotiating with the U.S. Congress and'federal agencies; ; P���AND�aPAL�W
• Appearing before local planning comrnissions and city�ouneils in �-�TA�
connection with.real estate development projects; S��
• Resea;�ching the bid.speci�cation requirements and helping with T,�,�aUs�^ND�TA�
bids, contracts with governmental agencies; : ��E�°'""'t'""�^TT°NS
• �rafzing legislation to salve clients' problems under existing state �OR�'S�°"'PE"'$^TT°N
�� � �r�fetleral law;anc�~ : � � � � _� - � � _ �
• Speaking to civic organizations on the governmental process. ; -
Whether representing a developer before a ciry council; an individual,
corpora�ion, or trade assoeiatiori.before the legislature; ar a multinational
corporation before the Congress, lawyers on the governmental relations
team offer our cli�nts the nec�ssary experience to accomplish the task. ` `
. .. � - , . � � . . , .. . .: . . � Printed on]00%�recyc[ed paper ' , . ` .
1500`Narwest Financial Cent�r • 7900 Xerxes Avenue South • Bloomington,Minnesota 55431 � 612>835-3800
�
ME1V1oxANDUM
LARKIN,HOFFMAN,DALY&LINDGREN,LTD.
TO: City of Shorewood
FROM: Tim Keane
Larkin, Hoffman, Daly& Lindgren, Ltd.
DATE: July 1, 1994
RE; Minnesota Ethics in Government Act Amendments
As you ma.y know, the Minnesota legislature recently amended the Ethics
in Government Act to restrict gift-giving to elected and appointed
local government officials. Similar provisions apply to state
In � legislators. This memorandum summarizes the provisions of that
a�CE legislation.
501 f'
�$en
I. Conduct of Interested Persons
con�a�' The 1994 amendments prohibit gifts from "interested persons" to
at 6�2 local officials. Similarly, local government officials are
prbhibited from accepting such gifts.
"Gift" means "money, real or personal property, a service, a
loan, a forbearance or forgiveness of indebtedness, or a promise
of future employment, " that is given without consideration from
the recipient that is equal to or greater in value.
��Interested person° means "a person or a representative of a
person or association that has a direct financial interest in a
decision that a local official is authorized to ma.ke. °
"Local official" means "an elected or appo�ed official of a
county or city or of an agency, authority, or instrumentality of
a county or city. " Id.
This new prohibition applies to all cities and counties,
including those in the 7-county metropolitan area.
II. Exemptions from Prohibition
Specific exclusions from the broad new prohibition on gifts
include:
* political contributions;
* services or information of insignificant value;
.gG3s
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, TABLE OF CONTENTS
' TAB NO.
1. Firm Background, Qualifications, Fees
�
2. Proposal for General Legal Services
� 3. Proposal for Special Lega1 Projects .
' 4. Proposal for Prosecution Services
5. Resumes
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, INTRODIICTION ,
The following proposal for legal services is submitted by Larkin,
� Hoffman, Daly & Lindgren, Ltd. (LHD&L or the Firm) in response to the
City of Rosemount (the City) Request for Proposal for Legal Consulting
Services.
II. FIRM BACRGROUND
� a. Name of firm:
Larkin, Hoffman, Daly & Lindgren, Ltd.
' b. Address, phone and fax number(s) of firm: .
Larkin, Hoffman, Law Firm 1500 Northwestern Financial Center
' 7900 Xerxes Avenue South
Bloomington, Minnesota 55431
Phone: (612) 896-3200
, Fax: (612) 896-3333
c. Employer Tax I.D. Na. : 41-095-33-57
1 d. Brief history of firm:
Larkin, Hoffma.n, Daly & Lindgren, Ltd. , is a full service law
� firm with offices in Bloomington. The Firm is a growing,
first-generation law firm that was founded in 1957. The Firm
has developed a reputation as the leading suburban law firm
' in the Twin Cities area.
The Firm represents a number of municipal and public sector
clients and desires to increase our client base in this area.
' The Firm presently serves as general counsel in all civil
matters to the cities of Elk River, Oak Grove, Long Lake,
Shorewood and the Townships Louisville, as well as special
� counsel to several cities including St. Paul, St. Cioud and
Bloomington. Past and present municipal and public sector
clients, along with a brief description of the scope of our
, representation of each, are set forth on the enclosed public
sector client summary.
Municipal clients are treated by the Firm in the same manner
, as our larger corporate clients. They are assigned to a
responsible attorney who has overall responsibility for
managing the delivery of legal services to the client. The
-' responsible attorney is the person to whom the City may turn.
at any time for any need. Individual projects are assigned
by the responsible attorney to the attorney within the Firm
, most suited to handle the matter in the highest quality, most
efficient manner possible.
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A detailed description of municipal experience is set forth
' below in Section II a. through h.
e. Number of attorney/specialties:
� The Firm consists of approximately 75 attorneys, over 200
total employees, and is organized into ten departments, each
with its own specialty. Members of the Firm have extensive
' e�cperience in local, regional, and state governmental
affairs; education; eminent domain; public finance and
taxation; health care; environmental, real estate, housing,
� redevelopment, and land development; civil litigation;
federal and state securities laws; business and corporate
law; banking and underwriting; estate planning; and family
law, labor law, and criminal law.
, Number of parale als�s ecialties:
J P
� The Firm employs approximately 20 legal assistants, each .
specializing and providing support to attorneys within
various departments. The Firm utilizes the skills of legal
, assistants in all areas to achieve economies and the most
efficient delivery of services possible.
f. Support personnel:
, B
Support functions include administrative secretaries,
librarians, finance, data processing, word processing, :
� records management, a copy center, and messengers. Multi-
locational linked laser printers expedite document production
and delivery. With its years of government-related law
' practice, the firm has an extensive municipal and government
law library. The library includes on-site Lexis and Westlaw
computer research capability. The Firm employs over 100
support personnel.
' II. FIRM QIIALIFICATIONS
, a. References. -
Please feel free to contact any of the clients on the
' enclosed list for references. Specific individuals to
contact include:
, Brad Nielsen, Planning Director, City of
Shorewood (474-3236)
Pat Klaers, City Administrator, City of
Elk River (441-7420)
' Joel Jamnik, Counsel, Minnesota League
[Aof Cities (490-5600)
Todd Olson, Mayor, City of Long Lake
' (473-6961)
Thoma.s Egan, Mayor, City of Eagan
(681-4600)
' 2 .
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You should also feel free to contact city officials at the
� various cities in which we have practiced on belzalf of our
private sector clients, including:
' Don Rye, City of St. Louis Park (924-2500)
' Don Ashworth, City of Chanhassen (937-1900)
Perry Thorvig or Neil Anderson, City of Minneapolis
(348-6578)
' Larry Lee or Dave Ornstein, City of Bloomington (881-
5811)
' b. Diversity of Practice.
LHD&L is uniquely qualified to meet the legal needs of the
' City of Rosemount. The Firm has the diversity and depth
of practice to draw upon experts in areas of law that cut
across the spectrum of issues faced by a municipality.
' The ability to draw upon legal experts in mattexs of land
use regulation, municipal finance, licensing, labor,
constitutional law, tax, condemnation, special
, assessments, contract, and other areas are essential to
provide adequate representation to a diverse, growing
community such as the City of Rosemount. The Firm has a
suburban identity and the Bloomington office is
� conveniently located near Highway 494 and France Avenue.
The Firm�s Bloomington office provides easy acceas and
free parking.
' c. Cost Effective.
The Firm is committed to cost-effective legal
, representation. Cost-effective legal representation goes
beyond mere billing rates, but includes advising clients
of how to avoid and ma.nage risk, education of department
1 heads and City staff to recognize and understand potential
legal issues and areas of exposure. We are available for
regular one-on-one meetings with City staff and commit a
' representative of the Firm representing the City to stay
ahead of legal issues and resolve problems before they
require expensive solutions. Cost-conscious legal
, representation also means the ability to utilize the lower
billing rates of associates and legal assistants, as well
as drawing upon the experience of senior attorneys in a
variety of fields.
, The Firm has implemented an orderly and systematic
automation of both office and legal systems. These
' include centralized word processing, accounting, billing,
data processing, internal and external information
retrieval which have significantly enhanced our
' productivity levels for both staff and attorneys. We will
work closely with the City in coordinating information
' 3 . .
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data bases with an eye to meeting your current needs, but
, also assuring a design that will accommodate future
capabilities.
d. Responsive.
, Responsive re resentation means not onl rom t turn-
P Y P P
around of day-to-day work and special projects, but also
' availability to give quick legal advice to minor
inquiries. Tim Reane and those who work with him
understand the importance of ready availa.bility to
' clients.
City staff could count on frequent contact and advice to
anticipate and resolve issues. The Firm also encourages
, the use of a facsimile transmission ma.chine in order to
reduce turn around time, postage and messenger expenses in
drafting and reviewing documents.
' e. Firm Philosophy. .
� The City of Rosemount is subject to the same approach
guiding our service as ta all clients:
"We are not doing them a favor by serving them. They
' are doing us a favor by giving us the opportunity to
do so. ��
' Service, availability, guick response are the key elements
of our practice.
' The philosophy of LFID&L in working with 'any public body
and its staff is one of providing legal advice only,
unless specifically requested to provide other types of
counsel and advice, It is the view of the Firm that
, policy decisions should be made by the persons elected or
appointed for those specific purposes. To the extent,
however, that the Firm�s experience in various policy
' matters may be useful, we are willing to discuss options
and explore the ramification of those alternatives while
leaving the ultima.te decisions to eleeted officials.
, III. MISCELLAN�sOIIS
a. Fees
, Normal hourly rates for the attorneys with the Firm who
would be working for the City of Rosemount range from $70
, to $110 per hour (see below) . Hourly rates for legal ,
assistants range from $40 to $60. We do not charge a
separate hourly rate for clerical or staff support.
, We suggest the City consider a three-tiered approach to a fee
arrangement with the Firm. This approach has worked quite
successfully for us with other municipal clients. However, we are
' amendable ta discuss any fee arrangement that suits the needs of
Rosemount_
' 4.
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1. Retainer.
' . The first tier would be a monthly retainer. This retainer
would cover our attendance at City Council meetings and many
� of the day-to-day requests for advice from City staff with
respect to zoning matters or other issues on which legal
advice is sought. A retainer arrangement allows City staff
to communicate with us without concern over whether a fee has
' been charged or should be charged for every phone call or
piece of advice. A monthly retainer may be worked out after
discussion of the general .expectations of what specific
' services the retainer would cover. In our municipal work we
have been successful in not increasing our retainer for
several years at a time. Depending on the outcome of our
discussions and tihe first year's experience, this is quite
, possible for the City of Rosemount.
If the City prefers that all work be performed on an hourly
' basis, the Firm wauld be most agreeable with that
arrangement.
' 2 . Other Services. �
Legal services beyond the scope of day-to-day advice on
routine matters would be billed on an hourly basis. Services
' falling within this category would include special projects
for the City which, due to their size and scope, fall outside
of the services covered by the retainer. Examples of this
� category of work include major revisions to city ordinances,
real estate projects, eminent domain, bond opinions, and
litigation. Prior to undertaking services on special
� projects, we will provide you with an engagement letter and
an estimated range of fees.
3 . Services Billed to Others.
, Finally, legal services rendered on behalf of the City but
for the benefit of a specific project or party which will
� ultimately be responsible for the costs would be billed at
our normal hourly rates. Examples of these would be services
rendered in connection with specific development proposals
, where the City bills back its costs to a developer or
services rendered with respect to public improvement projects
or tax increment projects for which the City pays for the
costs out of a bond issue.
, Hourl Rates
, Standard Rate Rosemount Rate
General Civil
' Timothy J. Keane $170 $ 95
Christopher J. Dietzen $220 $ 110
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5.
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Peter J. Coyle $90 $ 90
, Peter K. Beck $180 $ 95
Marta Melin, Lega1 Assistant $?0 $ 50
Prosecution (as needed)
� Damon E. Schramm 95 60
$ $
Gregory E. Korstad $170 $ 95
� Legal Assistant $ 70 $ 50
We would be happy to discuss with you further exactly what types of
, projects would fall into which category and what the appropriate
retainer would be. The Firm will determine a final fee schedule as
part of an overall contract, but would suggest that an overall
, contract merely set guidelines. 8pecific hourly rates can be agre�d
on for individual projects as they are assigned and a retainer
agreement is established.
� b. Conflicts
OIt has been L�ID&L's policy in representing municipalities to
' refuse to undertake projects for developers or litigation on
behalf of parties involved with a municipality the Firm
represents on an ongoing basis. If another client of the
Firm were to request its services in connection with some
' ma.tter involving the City of Rosemount, it would be our
gractice to either obtain the City's prior consent to such
representation or, more likely, to request the other client
� of the Firm to seek counsel elsewhere for the particular
matter in question.
, c. Firm Financial Statement
Larkin, Hoffma.n is in sound financial condition. If Bp
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relected to interview, we will be happy to discuss the Firm's
, financial circumstances in greater detail.
We appreciate the opportunity to submit this proposal for legal
� services and look forward to hearing from you.
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6.
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I. Pro�osal for General Legal Services
�
General Corporate Representation:
' Listed below are the individual attorneys who would be -
assigned to the specific work areas for the City of
Rosemount. Resumes of the principal attorneys assigned to
, the are included.
Overall responsibility for the City of Rosemount will be
, assigned to Timothy J. Keane. Tim will be the contact person
with the City for staff assignments, billings, and workload
administration. Tim will attend all meetings of the City
Council as required, unless there is scheduling conflict.
, Tim will monitor a11 matters being handled b�r the Firm for
the City and will serve as the City's liaison to individual
attorneys. Tim will have ultimate responsibility for all
� aspects of the legal services provided to the City. City
staff and the City Council will be able to look to Tim to see
to it that the City's needs are being met.
' Tim has over fifteen years experience in the areas of
municipal affairs, urban planning, land use and development
law, environmental law and municipal law. He serves as the
' City Attorney for the Cities of Shorewood and 0ak Grove, as
well as special counsel to other municipalities. Tim also is
a former city planner, having served in the cities of Tucson;
� Coon Rapids and Shakopee. Tim will be primarily responsible
for legal services provided to the City on behalf of the
Firm. The balance of the work will be performed under Tim�s
� direction by the most qualified and cost-effective attorney.
The non-public sector portion of Tim�s practice consists
almost exclusively of representing private sector clients
before municipal and other governmental bodies. Tim is
' presently available to assume the responsibilities of the
lead attorney for the City.
� Christopher Dietzen will work closely with Tim providing
back-up services and assist in the day-to-day representation
of the City of Rosemount. Chris has over fifteen years
� experience as an attorney, practicing principally in the
areas of municipal., land use and environmental law.
Christopher serves as the City Attorney for the City of Long
Lake, as well as special counsel to other municipal clients.
1 Chris also has extensive experience in municipal litigation,
public improvement financing and land use ma.tters.
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II. Pro�osal for Special Legal Projects
� a. Development, Public Financing, and Tax Increment Financing
Counsel :
� As and if necessary, Peter Beck will assist the City with
respect to tax increment, redevelopment and tax exempt
financing. Peter has served as counsel in numerous public
� financings. Peter is presently the Attorney for the City of
E1k River. Combined, the Firm has over 25 years experience
in redevelopment and tax increment projects. These projects
� include: Oxboro Redevelopment Project, Bloomington; Carlson
Center and The Cliffs, Minnetonka; HUB/Lyndale/Market Plaza,
Richfield; Chanhassen Industrial Park, Chanhassen; Franklin
Business Center, Minneapolis; South Cross Heights,
' Burnsville; numerous housing projects.
b. Environmental :
' Environmental mat�ers would generally be segregated into
regulatory and enforcement matters. Regulatory matters would
� primarily be addressed Michael A. Robertson. Mr. Robertson
focuses his practice primarily in the areas of Enuironmental,
Administrative and Legislative law. For S years, Mike was
the Chief Deputy of the Minnesota Pollution Control Agency
� and for 2 years the director of the office place management.
Environmental Enforcement and Litigation would be handled
primarily by Chris Dietzen or Greg Rorstad whose
' � qualifications are described elsewhere in this proposal.
Definitely, Wetlands matters would be addressed by Linda H.
Fischer, who practices almost exclusively in the area of
' State and Federal Wetland Regulation.
c. Zoning, Platting, and Land Development:
, Larkin, Hoffman is the region's pre-eminent law firm in the
practice of law affecting the use and development of land,
including. zoning laws, subdivision laws, and environmental
� matters. The Land Use and Governmental Affairs Departments
of the Firm include 15 attorneys who represent public and
private sector clients in all aspects of land and water
� development. The changing uaes of land are a particular area
of expertise Larkin Hoffman.
d. Labor/Employment Law:
� The Firm�s Labor Law Department is the largest and most
experienced municipal public sector employment law practice
� group in the state. In addition to its public and private
employment law clients, the Firm serves as counsel to the
League of Minnesota Cities Insurance Trust in defense claims
� as well as risk prevention and loss control. This department
also represents, as special counsel, the cities of E1k River,
Richfield, Plymouth, Mankato, Owatonna, Virginia,
Worthington, and others.
� g.
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� Lisa Gray will be primarily responsible for labor/employment
ma.tters including contract negotiation, grievance resolution,
unemployment claims, collective bargaining, risk prevention,
, and other areas.
d. Municipal Litigation/Dispute Resolution:
, Approximately one-half of the Firm' s attorneys are litigatian
attorneys. The Firm has handled numerous lawsuits on behalf
of our municipal clients. These litigation matters have
� included land use disputes, zoning enforcement actions,
Chapter 429 appeals, condemnation actions, employment
matters, environmental matters, etc. Litigation attorneys
' who would have primary responsibility for matters on behalf
of the City of Rosemount include:
Christopher J. Dietzen. Chris is an attorney of nearly 20
, years who has tried approximately 35 cases to conclusion,
including approximately 20 jury trials. Chris is presently
the City Attorney for Long Lake. Chris also is representing
� the Gity of St. Cloud in a complex litigation matter. He has
previously represented City of Elk River, the Bloomington
Housing and Redevelopment Authority, the City of Afton, and
� the Minneapolis Park and Recreation Board in litigation
matters.
e. Condemnation Law:
' Condemnation actions would be under the supervision of Larry
D. Martin formerly head of right-of-way agent for Hennepin
� COunty. The Firm has for years supported the development of
a litigation specialty in municipal affairs, land use,
condemnation and environmental law.
� f. Chapter 429 Public Improvernents:
The Firm has extensive experience in assisting Elk River, Oak
� Grove, Shorewood and other fast-growing communities, with
public improvement projects, large and sma.11. We have
advised the municipalities with respect to many Chapter 429
� projeets, developed special assessment policy manuals and
have defended many assessment project in court. In our
years as economic development counsel, we have analyzed the
interplay of special assessment and tax increment financing.
� For the private sector, the role of special assessments to
finance public improvements is a constant question requiring
our analysis.
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III. Proposal for Prosecution Services
, Depending on how the City of Rosemount decides to handle its
prosecution services, the Firm does offer experienced
� attorneys to assist in criminal prosecution. Overall
responsibility for the City of Rosemount prosecution services
would be assigned to Damon E. Schramm. Damon is the
prosecuting attorney for the City of Oak Grove and would be
� the contact person with the City for prosecution staff
assignments including misdemeanor, petty misdemeanor, driving
violations, DwI cases, and code enforcement matters.
�
Damon would be assisted and backed up in more complex
, prosecutions by Gregory E. Korstad. Greg was the County
Attorney for Isanti County for eight years. During that
time, Greg was responsible for all county criminal
prosecution, including gross misdemeanor and felony
, prosecutions and legal service administration. Greg is -
available to assist Damon as necessary.
' Also available to assist in working on cases and file
management would be Susanne Wegener. Sue is a legal
assistant with� experience in criminal cases and file
management.
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TJK:GB3s 10.
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TIlVIOTHY J. KEANE
' Larkin, Hoffman, Daly & Lindgren, Ltd.
Attorneys at Law
1500 Norwest Financial Center
, 7900 Xer�ces Avenue South
Bloomington, Minnesota 55431
(612) 835-3800
, PROFESSIONAL EXPERIENCE
Laxkin. �Ioffman. Da1y & Lindg�n, Ltd. .
, Attomey, Shareholder 1988 to present
Seventy + attorney fiim engaged in general civil practice
. Practice primarily in areas of municipal, land use, development,
environmental, and real estate law
, The Scottland Com anies
Vice President and Legal Counsel 19&4 to 1988
' . Corporate and govemmental legal matters including
real estate transactions, land use approvals, contract
negotiation and admirustration, and litigation oversight
� : Project management, planning, design and development
Site selection and market analysis
Popham. Hai.k, Schnobrich. Kaufinan and Doty, Ltd.
, Law Clerk 1983 to 1984
. Eighty + attorney firm engaged in general civil
practice
, . Principally worked in areas of real estate, land use, �
municipal, and constructi.on la.w
' Larkin. Hoffman. Da1y and Lind�ren. Ltd.
Lega1 Assistant/Law Clerk 1981 to 1983
. Assist la.wyers in areas of land use, environmental,
municipal and real estate la.w
' Ci of h o ee Minne ota.
Director of Planning 1979 to.1981
, a Responsible for review of current development
praposals, zoning administration, preparation of
grant pmposals, CBD development, and comprehensive
' • plannwg
Staff support to City Council and Planning Commission
City of Coon Rapids, Minnesota
, City Planner � 1978 to 1979
. Current and long range planning, zoning
administration, subdivision and site plan review
, ' . Staff support to City Council, Planning Commission,
and Zoning Board of Adjustment
' City of Tucson, Arizona
Planning Assistant 1978
. Technical assistance and analysis of data for
comprehensive plan
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Minnesota D�artment of Transportation
, Internship Summer 1977
Responsible for environmental issues and policies
element of the Sta.te Transportation Plan
� City of Sierra. Vista, Arizona
Project Team Coordinator 1977 ta 1978
. Production of Housing Assistance Plan and
� Comprehensive I3ousing Plan
Minnesota Public Interest Reseazch Grou�
, . Staff Lobbyist and Research Assistant 1975 to 1976
PROFESSIONAL, CIVIC AND ACADIIVIIC l��MBERSHII'S
� Member, Minnesota State Bar Association
Member, Hennepin County Bar Association, Real Property Section
' Member, National Association of Industrial and Office Parks,.Legislative
Committee
Member, American Institute of Certified Planners
� President, NACORE, International Association of Corpora.te Reai Estate Executives
(1993-94)
' Member, Minnesota Chapter, American Planning Association
Chair, Shakopee Community Development Commission(1985-89)
Board Member, Past President, Minnesota 7ustice Foundation (1982=85; 1988-90)
' Faculty, Minnesota Continuing Legal Education �
Staff Member, William Mitchell Law Review, Volume 10
� EDUCATION
William Mitchell College of Law, 5t. Paul, Minnesota,
` Juris Doctor, 1980 to 1984
Emmanuel College, Cambridge University,
, Cambridge, England, 1982
� University of Arizona, 7�ucson, Arizona, M.S. Urban
Planning, 1976 to 1978
� University of Minnesota., Minneapolis, Minnesota,
B.A. Business and Economics, 1975
� DeLaSalle High School, Minneapolis, Minnesota.
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CHRISTOPHER J. DILTZEN
LARRIN, HOFFM�IN, DALY & LINDGREN, Ltd.
, 1500 Norwest Financial Center
7900 Xerxes Avenue South
Bloomington, Minnesota 55431
, (612) 835-3800
PRIMARY AR.EAS OF PRACTICE
, Munici al law and liti v'
p gation. My focus has been to pro ide
general municipal counselling, and trial skills to resolve
� municipal issues.
, PROFESSIONAL EXPERIENCE
LARKIN, HOFFMAN, DALY & LINDGREN, LTD. , 1978 - present.
, A full service law firm of 70+ attorneys located in
Bloomington, Minnesota.
1988/present Senior lawyer in Land Use, Environmental and
, Government Relations Group.
1983/1990 Department Head, Land Use, Fnvironmental and
� Government Relations Group. Responsible for
managing approxima.tely 6 lawyers in the
firm. .
,` 1986/1988 Division Vice President, Litigation Group.
Responsible for managing 34 trial lawyers in
the f irm.
� 1951 Admitted as Shareholder:
, 1978/1981 Associate.
RICHTER, WIN�ERLEY & ERICSON, 1973 - 1978. A twelve
� attorney general practice law firm, in Spokane, Washington.
My area of practice was in civil litigation with an
emphasis in the areas of personal injury, administrative
law, and criminal.
' 1975 Admitted as partner.
, 1973/1975 Associate.
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EDUCATIONAL BACKGROUND
' Gonzaga School of Law Spokane, Washington
J.D. , 1973
� Gonzaga University Spokane, Washington
B.B.A. , 1969
� ADMITTED TO PRACTICE
State of Minnesota, 1978
, United States District Court, District of Minnesota, 1978
United States Court of Appeals, Eighth Circuit, 1978
� United States Supreme Court, 1979
� State of Washington, 1973
United States District Court, District of Washington, 1973
, United States Court of Appeals, Ninth Circuit, 1974
PROFESSIONAL ACTIVITIES
� Minnesota State Bar Association
Member, 1978 to present
� Administrative Law Section, 1986 to present
Environmental Law & Natural Resources Section,.
Governing Council�, 1988 to present
� American Bar Association
Environmental Law Section, 1990 to present
Civil Litigation Section, 199D to present
, Hennepin Count�r Bar Association
Eminent Domain Section, 1986 to present
' Civil Litigation Section, 1984 to present
Civil Tria1 Specialist, Certified by the Minnesota State
Bar Association, October, 1988 to present
, Civil Trial Advocate, Certified by the National Board of
Trial Advocacy, August, 1989 to present
� Frequent lecturer at Continuing Legal Education Seminars on
commercial litigation, environmental law, administrative
� law, land use law, and condemnation law.
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PUBLICATIONS
1 Dietzen, C. J. and Weaver, T. H. , °Temporary Taking Another
Victory of Landowners, ° Hamline Journal o€ Public Law and
Policv, VoI. 9, No. l (1988)
� Dietzen, C. J. and Voss, D. W. , MERLA and MERA, Env. Law
Newsletter, 1988 .
, CIVIC ACTIVITIES
Minneapolis Reapportioriment Commission 1991-1992
' REFERENCES
, Furnished upon request.
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(2/94)
� CJD:ZY2s 3 .
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LISA A. GRAY
� Home: (612) 222-4914 � Work: 612 $96-3228
� )
� SI1PvIMARY OF UALIFICATIONS:
Q
� ° Seven years experience in major law firm specializing in employment law and commercial litigation.
° Consistently demonstrated effective results in counseling corporate clients in ways to avoid employment liability.
� ° Recognized for ability to successfully negotiate disputes and manage litigation.
� ° Proven presentation and training ability in employment-related issues.
EMPLOYIV�I�TT EXPERITNCE:
� 1986-Present LARKIN, HOFFMAN, DALY & LINDGREN LTD. -Attorne at Law
� Y
� Dispute Resolution/Litigation Management
° Negotiated settlement of multi-million dollar employment discrimination class action.
� ° Supervised implementation and managed compliance of three-yeaz employment discrimi.nation consent decree.
, ° Successfully mediated disputes between employees and employers.
° Directed litigation teams from trial prepazation through resolution of lawsuits.
, ° Hired and supervised locai counsel.
, General Employment Matters
° Preventative Counseling
� * E�ensive experience counseling corporate clients on how to avoid employment liability in the workplace.
� * Primary responsibility for advising employers on their responsibilities under federal and state employment
statutes.
� * Expertise and solid background in implementing affirmative action requirements, monitoring compliance,
and counseling employers on appropriate hiring, recruiting and termination procedures.
� ° Human Resource Management-Working in partnership with Human Resource Departments to achieve
corporate and legal objectives.
� * Drafted, reviewed and analyzed employment contracts, confidentiality, noncompete and settlement
agreements, and waivers and releases.
� * Responded to, and obtained dismissal of, EEO charges on federal, state and local levels.
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� * Supervised development of affirmative action plans, including review of eight-factor and other statistical
analyses.
� * Created employment policies currently utilized by major defense contractor.
* Developed effective system for evaluating employee performance.
� Presentation and Training
� ° Developed presentations and conducted training programs for corporations and business advisory councils in
the following azeas:
� * Americans with Disabilities Act of 1990, ADA reasonable accommodation requirements, Civil Rights Act
of 1991, sexual harassment, and preventing litigation and liability in the workplace.
, ° Developed and presented lectures to corporations and professional organizations in the following azeas:
* Attorney-client privilege as it applies to corporations, record retention, and management of corporate
, litigation.
OT'HER:
, ELDA Reading and Math Clinic - Workshop coordinator/lead teacher- 1979-1985
° Lecture�l nationally on learning disabilities in adults.
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° Developed, supervised and conducted highly successful volunteer training programs.
� St. Stephens Elementary School -Reading Specialist- 1977-1979
° Instruction in remedial reading and general classroom activities.
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IDUCATION:
� William Mitchelt College of Law
Juris Doctorate 1986
Upper 10� of class, Cum Laude
� Alumni Outstanding Student Award 1986
St. Thomas College
, Graduate coursework Special Education 197�-19'79
4.0 grade average
� Hamline University
B.A. Sociology, Education 1977
Magna Cum Laude '
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LARRY D. MARTIN
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EDUCATION William Mitchell College of Law, J.D. cum laude 1991
� University of Minnesota, B.A.S., with emphasis in real estate
business, 1987
� American Institute of Real Estate Appraisers, Residential Property
Appraisal, Case Studies in Real Estate Valuations, Valuation Analysis
and Report Writing
� Society of Real Estate Appraisers, Intro. to Real Estate Appraisal
101, R-2 Exam�, Valuation of Income Producing Properties 201, Cash
Equivalency Seminar
rInternational Right of Way Association, Appraisal, Engineering,
Law, Negotiations, 101 Exams; Transactional analysis, Exam 203;
Bargaining Negotiation, Exam 205; Skills of expert Testimony,
� Exam 214; The Appraisal of Partial Acquisitions, Exam 401; Intro. to
Income Approach to Valuation, Exam 402; Relocation Assistance,
Exam 501
� International Assoc. of Assessing Officers, Assessment I.aws -
- History and Procedure, Residential Appra.isal, Rural Appraisal,
� Lakeshore Appraisal, Narrative Report Writing, Legal Description
. Seminar, Computer Aided Assessment, Instructors Seminar, Grain
Elevatars Seminar
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EXPERIENCE
� Present Attorney at Law, Larkin, Hoffman, Daly & Lindgren, Ltd.,
practicing in the area of real estate litigation and focusing on eminent
� domain and real estate tax matters
1984 - 1991 Sr. Right-of-Way Agent, Hennepin County
, 1982 - 1983 Department of Public Works (Right-of-Way agent 1982-1990).
Management of the acquisition of real estate for capital improvement
projects.
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1983 - 1984 Property Tax Consultant, Property Tax Service Company, a
� ' subsidiary of Alexander & Alexander Inc. Managed appeals and
reviewed rea.l estate tax values for various commercial and industrial
clients.
� 1978 - 1982 Cit A.ssessor Cit of Shako ee Assistant Cit Assessor 1978 - .
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1980).
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, 1990 - present Officer and Member of the Board of Directors, International
Right-of-Way Association, Chapter 20.
� 1981 - 1982 Committee Member and Grader, Narrative Review Committee,
Minnesota State Board of Assessors. Reviewed and graded narrative
appraisal reports prepared by candidates for the Accredited Minnesota
� Assessor designation and license.
1986 Chairman and Commissioner, District Court Condemnation
� Commission, Carver County. Presided over hearings to determine and
award property damages.
� PROFESSIONAL
DESIGNATIONS
� AND AWARDS Attorney at Law, admitted to practice in.the State of Minnesota,
Registration No. 220553
� Certified Federai General (CFG), licensed real property appraiser
#4001155
� Senior Member (SR/WA), International Right of Way Association;
1987
, Senior Accredited Member S�MA Minnesota. State Board of
( )�
Assessors, 1987
� PUBLICATIONS Martin The Im act of the Tax Reform Act of 1986 on Real Estate and
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Appraisers, Valuation, Feb. 1988, at 58, reprinted in Assessment
� Digest March/April 1987, at 18, condensed version printed in Right of
Way, April 1987, at 4; Equal Eyes, 7une 1987, at 12.
, Martin, Mana�in� Taxes: Improve Cash Flow and Market Value,
Real Fstate Journal, Vol. 8, No. 7, March, 1992.
' LECTURER Facuit member St. Cloud State Universit Minnesota Center for
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Real Estate and Housing Education, Appraisal Section.
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Certified Instructor for educational courses sponsored by the
. International Right of Way Association.
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� AAOs
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GENERAL LEGQL SERVICES FOR ROSEMOUNT
SUBMITTED BY
FLUEGEL MOYNIHAN & MILES
1303 SOUTH FRONTAGE ROAD, SUITE 5
HASTINGS, MINNESOTA 55033
(612) 43$-9777
CONTACT PERSON: MIKE MILES
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JUNE 17, 1994
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AREAS OF FtRM PRACTICE AND GENERAI.
SERVICES AVAILABLE 1
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QUALIFICATIQNS OF
FLUEGEL MOYNIHAN & MILES �
SCOPE QF WORK 3
NAME, EXPERIENCE AND QUALIFfCAT10NS
OF PROPOSED CITY ATTORNEY , 4
OTWER PROFESSIONAL STAFF PROVIDING
CITIf ATTORNEY SERVICES �
AVAILABILITY OF FMM PERSUNNEL �
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PREVIOUS AND CURRENT EXPERIENCE �
IN MUNICIPAL LEGAL SERVICES
PREVIOUS AND CURRENT LEGAL ACTIVITIES
FOR R(?SEMUUNT 8
POTENTIAL CONFLICTS OF INTEREST �
LEGAL LIBRARY AND RESEARCH
CQPABILITtES �0
FEES FOR GENERAL LEGAL SERVICES ��
� AUDIT/FINANCIAL REPORT
12
�OneS#ep�
IN�EX SVSTEM
SECTION 1
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AREAS OF FIRM PRACTICE
AND
GENERAL SERVICES AVAILABLE
Fiuegel Moynihan & Miles (FMM) concentrates its legai practice in the
foiiowing areas
� MUNICIPALJGOVERNMENTAL LAW - Serving cities and other
governmental units with respect to al! traditionai civil and
criminal matters, as we11 as speciai projects.
• ADMINISTRATME LAW - Assisting ciients in rule making and
contested case matters in such areas as environrnentai and
• commerciai regulation.
• REAL ESTATE - Representing municipalities, businesses,
lenders and individuals with their broad-based reaf estate needs,
including condemnation.
• BUSINESS CORPORATIONS-Undertaking all forms of business
transac#ions, including business formation and dissolut�on,
contract matters, franchise law and pension and profit sharing.
• CNIL LITIGATION - Participating in various forms of legal
actions (including arbitration, civil and criminal trials, appellate
practice, etc.) to meet client needs.
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� EMPLOYMENT LAW - Dealing with issues such as sexual
� harassmerrt disci lina roceedings, employment-at-wili, EEOC
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requirements, ADA regulations, veteran's preference and
PELRA.
• COMPLEX FINANCIAL TRANSACTIONS - Assisting ciients in
capitai formation, muiti-party development agreements, etc.
• ECONOMIC DEVELOPMENT - Helping individuals and
businesses access state and federal economic development
resources.
� • CREDITORS REMEDtES - A variety of debt collection services.
• ENVIRONMENTAL LAW - Helping Clients understand and deal
with today's complex environmentai requirements.
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• ESTATE PLANNING/PROBATE - Assisting individuals in
minimizing estate taxes and maximizing assets conveyed:
• CRIMINAL PROSECUTION-Handling ail prosecution matters for
Rosemount and Hastings.
� EMPLOYEE BENEFtTS-Structur�ng and admintstering employee
benefit programs for a variety of business clients.
• FAMILY LAW - Assisting individuals with adoption and related
matters.
• INCOME TAX- Preparing tax returns for individuals, businesses
and estates and trusts.
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• MEDIATtON - Professionally trained to provide mediation
� services to persons and business organizations.
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SECTtON2
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QUALIFICATIONS OF FLUEGEL MO1fNIHAN & MILES
We believe that FMM is uniquely qualified to serve the City's legai
needs by virtue of our extensive governmentai !aw experience, dedication to
Rosemount's needs, proven pertormance and ability to provide services at
a very economicai rate. The foilowing are brief comments on the factors that
we hope you wi11 consider in assessing our firm's capabilities.
• DCPERIENCE - The four attorneys at FMM have a combined
total of over 70 years' experience in municipallgovernmental
� law. This experience spans state, county and municipai legai
work and enabies our firm to work effectively with other
branches of Minnesota government.
Additionatly,the lawyers possessing these skilis and experience
are the ones who wiil be performing the City's day-to-day work.
You wiil not receive a promotional "pitch° by the firm's senior
lawyers and end up having your w►ork done by associates.
• ECONOMY - Despite the wealth of legal experience which has
been and wili continue to be available to Rosemount, our hourly
rates are economical and competitive. Our principal ra#e of$90
an hour appiies to approximately 90% of the attomey services
� provided to the City (see Section 1 y for specifics on fees).
Furthermore, we do not, and wiil not, charge for travel to and
� from the City and our firm. We believe it is our responsibility to
be "on site" as needed, before charges commence.
The combination of FMM's experience and economical rates
provides the City of Rosemount with the best value in legal
representation.
• RESPdNSIVENESS - it has and will continue to be, our practice
#o respond immediately to the legal needs of the City. FMM is
located 20 minutes from Rosemount City Hali and, on many
occasions, we have been asked to and have appeared at City
Hail within 20 minutes after notification.
Every legal question posed or task assigned by the City is very
• im ortant and unless instructed otherwise, we will respond as
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soon as possible.
• CLIENT STATUS - Every one of our firm's ctients is highly
valued and is treated with professionaiism and respect.
However,every law firm has key clients and, clearly, Rosemount
is one of FMM's primary clients. As such, the City will aiways
receive priority treatment and witl not be viewed as simply one
of a large stable of clients which must take its place in line.
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• CONTINUtTY - Attorneys in our firm have represented the Gity
of Rosemount for over three years. Consequentiy, we are
intimately acquainted with Rosemount's officiais,staff and many
of its businesses and citizens. We aiso are deepiy invoived in
many City projects and are farniliar with Rosemount's needs,
goais and concerns.
Thus, if we are given the privilege of continuing to serve
Rosemount's basic city attorney needs, it wiil not be necessary
to "backtrack" for the history of outstanding projects or bill the
• City for coming up to speed on its needs and work.
• ROSEMOUNT ROOTS - Our acquairrtance with the City is not
limited to our years of representation of it. Twa of our lawyers,
Don Fluegel and Shawn Moynihan, and our tax accountarrt, B�ii
Kelly, were born and raised in Rosemount and still have famity
in the cammunity. Joanne Varey, ane of the paralegals who
performs services for the City, has been a Rosemount resident
for 50 years.
Consequentiy, we have an interest not onty in professiona!
matters invoiving the City, but in the community as a whole. We
' have, and wiil continue to use, our close ties with Rosemount to
� rovide sensitive and circumspect representation.
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� SECTiON 3
SCOPE OF WORK
The foliowing response refates to the four general legal services areas
{legai action, advisor to City bodies and staff, improvement project work and
miscellaneous legai issues) set forth in Section 2 of Rosemount's Request
#or Proposal (RFP):
Our response is divided into two categories: generai observations on
the Scope of Work and specific comments on the four listed areas.
IN GENERAL
• The Sco e of Work set forth in the RFP is a comprehensive list of
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services pertormed by the city attorney. Members of FMM have provided all
of these services from time to time for either the City or for our other public
ciients.
Additionally,there are several other responsibilities with which we have
experience which the Rosemount city attorney should be capable of
pertorming effectivety. These are as foilows:
1. Experience in Public Biddin� and the Preparation of Bid
Specifications. Bidding issues and disputes are commonpface
in city government. Most recentiy, Rosemount was invoived in
a court action concerning the award of bids for the
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Armory/Community Center project. In this area, Mike Miles has
17 years of experience handling bid disputes for the State of
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Minnesota's centralized Purchasing Department and, Don
Fluegei, Shawn Moynihan and Mike have handled many bidding
matters for our municipal clients.
To minimi2e bid problems, it`is helpfui to have the city attorney
assist in preparation of certain bid specifications and RFPs. For
example, Mike Miles prepared RFPs for the Port Authority with
respect to receipt of movie theater proposals and sale of the old
post office property.
2. Preparation and Progressing of State Leaisiation. in addition to
being proficient in drafting ordinances, the city attorney should
• be experienced in drafting bilis for introduction in the Minnesota
Legislature and in assisting Rosemount's state representative
and senator in progressing such legisiation.
Members of FMM have worked extensively with the state
legislature. For example, Mike Miles drafted and assisted in the
passage of the statewide Buiiding Code Act; a law requiring
contractors removing or encapsutat�ng asbestos to have formal
training in the handiing of this dangerous material and various
statutes making pubifc purchasing more economicaL
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3. Mediation Skiils in Woridng with Develoaers and Citizens. in
� many instances, protracted legai disputes can be avoided if the
parties' "bottom-line" interests can be identified, and innovative
solutions tound. Mediation skilis are needed to achieve this
result. Mike Miles is a formalty-trained mediator.
SPECIFIC COMMENTS ON SCOPE OF WORK
1. t_eaal Actions. Our firm's approach to legat disputes is to take
appropriate steps to avoid the initiation of formai iegai actions.
As mentioned previousiy, our firm has mediation capabilities
which can assist the City in avoiding litigation in many
instances. Additionally,as further discussed in the next section,
FMM attempts to anticipate areas of potential litigation and
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prevent such iawsuits by presenting additional training and
programs for City officials and staff.
When litigation cannot be avoided, our firm's philosophy is to
conduct a lawsuit in the most professionai,but economical way.
Much municipal litigation involves relatively ciear-cut issues
which do not require the undertaking of massive discovery
(endless interrogatories and document production requests,
muitipie depositions, etc.), and shouid be handled with a view
toward resolving the matter without the accumulation of massive
legal biiis and expenses. It is aiso our philosophy to ensure that
• City officiais are fully aware of their options at each stage in the
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� litigation so that they can make an informed decision as ta
whether to proceed to the next step or resolve the matter in a
different way.
� 2. Advisor to City Officials and Staff. During the time that FMM
has represented the City of Rosemount, we have initiated a
program, at no charqe to the City, which we think is valuable in
terms of avoiding litigation and disputes. Specificaily, we have
compiled and presented to the City Council, Port Authority and
Planning Commission, legal resource books which deal with
some of the common legal issues these public bodies may
encounter. For example, the City Council's resource book
� covers the Code of Ethics, the City's personnel policies, the
Open Meeting Law, Government Data Practices Act, procedural
meeting matters and issues of contidentiality. Upon request
and, again, at no charge, the city attorney has made
presentations regarding these legal issues to the appropriate
Rosemount public entity.
The purpose of these mater�als, of course, is to anticipate and
prevent potential legal problems. It is always less expensive to
prevent a legal dispute from arising than it is to simply react to
existing legal predicaments. We would con#�nue to took for
areas in which anticipatory training can reduce the City's legal
� costs.
3. Improvement Proiect A�es. Our approach in undertaking
� this work has been twofoid. First, we have attempted to work
very ciosely with City staff and to make members of our firm
available, as needed, so that improvement projects may
proceed swiftly and smoothly. Second, we have attempted to
make ourselves as available to the affected citizens as possibie,
so as to be able to, as necessary, expiain the legal ramifications
of a given project and aliay their fears. ;
4. Miscellaneous Legal Issues. Where possibie, FMM has
attempted to identify recurring misceilaneous issues and deal
with them on a structured basis. For exampie, although each
development agreement the C�ty prepares has to be deveioper
� and ro'ect-s ecific there are many aspects to all traditionai
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development agreements which shouid be uniform. Thus, FMM
worked with the City Planning Department #o revise and make
more uniform, the City's basic development contract.
Similarly, it is anticipated that the Port Authority will have a
greater need for standardized documents as it proceeds rwith
various projects, such as the Business Park. It is our plan to
assist the City's Economic Development Department with the
preparation and use of such instruments.
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SECTION 4
� NS
NAME, EXPERIENCE AND QUALIFICATIO
OF PROPOSED CITY ATTORNEY
FMM proposes that Mike Miles continue to serve in his role as city
attorney for provision of general legal services in Rosemount. Mike's
resume is included within this section for your review and a brief discussion
of his qualifications and experience is as fotiows:
LEGAL BACKGROUND
Mike has practiced law in Minnesota for over 24 years. Virtuaily his
entire legal career has involved significant representation of state or local
• overnmentai clients. He s ent 17 1/2 years with the Minnesota Attorney
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General's Office, managing the division which represents the "municipal°
(business) part of state government, and over three years with the Greater
Minnesota Corporation, as its Chief Operating Officer and General Counsel.
Mike has spent almost the last three years in private practice with a focus on
the City of Rosemownt's legai needs, as well as assisting in the
representation of other municipal clients of FMM.
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� SPEC(F!C GOVERNMENT RELATED EXPERIENCE
• Began performing tegal services for the City of Rosemount in
August of 1991 and has served as the city attorney for provision'
of general legal services to Rosemount from January 1992 to
the present. As such, he has undertaken virtuaily all different
types of Iega1 projects for the City, with the exception of serving
as the City's bond counsel.
• As a member of the Attorney General's Office, assisted
municipalities with specific projects (i.e., heiped the City of
Fergus Falis, Minnesota, obtain financing and execute contracts
• regarding one of Minnesota's first cogeneration incinerator
facilities).
• Provided legal apinions on a wide range of subjects to
municipalities throughout Minnesota.
• Assisted municipalities and businesses in seeking economic
devetopment financiai assistance from the State of Minnesota
and federal government.
• Compietely revised the Zoning Code for the Architectural and
Pianning Board, which is the state body responsible for zoning
matters in the capitai area.
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• Represented the State Department of Employee Relations (the
� State's Personnei Department) with respect to ail forms of labor
matters, including personnel policy, labor negotiations and
disciplinary appeals and litigation.
� Developed standardlzed contracts for many state agencies,
including agreements for the purchase of electronic data
processing equipment and consuiting contracts.
• Represented the State of Minnesota in approximately 50
different lawsuits/contested cases involving such diverse
matters as public bidding disputes, buiiding code enforcement,
empioyee disciplinary matters,pension and investment iitigation
and environmental matters.
. � Represented the State Department of Finance for 14 years and,
in that capacity, assisted in 25 general obligation and revenue
bond issues.
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J. MICHAEL MILES
409 Tessier Circle
Vadnais Heights,Minnesota 55127
. Telephone: (612)429-4969
AREAS OF CONCENTRATION AND LEGAL ACTIVITIES
CIVIL LITIGATION:
❖ Served as chief counsel on numemus significant business li6gation matters for major carporate clients.
•3 Extended practice in workplace harassment matters.
❖ Experience in Minnesota District Courts,Court of Agpeals and Supreme Court.
ADMI2�tISTRATIYE LAW:
❖ Participated in numerous rulemaking and contested case proceedings over a period of 17 years,
including the Minneapolis and St.Paul cable television franchise disputes.
• ❖ Represented the Office of Administrative Hearings in its rulemaking and staff-related contested case
proceedings for seven years.
❖ Chaired seven continuing legal education courses on administrative law and lectiu�ed on rulemaking and
contested cases at the University of Minnesota,William Mitc�ell and Haznline law schools.
❖ Chaired the Attomey General's Administrative Law Committee from its inception and served as ti�e
Attorney General's administrative law liaison to tt�Minnesota legislature.
PUBLIC �INANCE:
❖ Served as chief counsel to the State Departments of Administration and Finance and ihe State Board of
Investrnent for over i 3 years.
❖ Assisted in the preparation and saie of approximately 25 state general obligation bond issues.
❖ Originated the Sta.te of Minnesota's use of third party leaselpurchase financing and concluded in excess
of 100 such transactions.
•3 Reviewed potential investments of the State Board of Invesiment and negotiated and prepared
investment documents for the Boazd with banks,financial consultants and equity and bond managers.
d• Appeared before the Securities Exchange Commission regarding rulemaking and proxy matters on
behalf of the State Board of Investment.
• •'• Developed a loan program for the state Rural Finance Authority regarding a combination of revenue and
• general obligation bonds to fund agricultural loan restructurings.
J.MICHAEL MILES P�ge'I�vo
� CONTRACTS/PUBLIC PURCHASING:
❖ Served as the Attorney General's prirnary attorney on contract and public purchasing issues.
❖ Litigated numerous contract/public purchasing disputes.
❖ Lectured at several continuing legal education programs on public purchasing and made numerous
purchasing law presentations to municipalities and school districts.
❖ Developed standardized electronic data processing and consulting contracts for the State of Minnesota.
❖ Provided all legal services to the Minnesota Supreme Court in acquiring its judicial caseload data
processing system and assisted the Court in selling its saftware to Honeywell,Inc..
SMALL BUSINESS DEVELOPMENT:
•3 Counseled several hundred small and medium sized businesses regarding access to technology and
securing business financing.
❖ Chaired continuing legal education course on economic development resources for Minnesota
businesses.
•3 Served on the Board of Minnesota Project Innovation(1988-1990),a non profit corporation assisting
smail businesses in obtaining federal innovation and research grar►ts.
• •'• Served on the Agricultural and Economic Development Board of the State Depaztment of Trade aad
• Economic Development(1988-1991),which provided revenue bonds for capital improvement loans to
Minnesota businesses.
WORK HISTORY
1992 to Present:Principal in the law fum of Fluegel,Moynihan and Miles,with primary emphasis on:civil
iitigation,municipal law and general business law.(This firm was created after my former firm split into two
law firms).
1991 - 1992:Attarney in the law firm of Hertags,Fiuegel,Sieben,Polk,Jones and LeVerdiere,pracdcing in
the areas of civil litigation,municipal and business law. �
198?- 1991:Chief operating officer and general counsel to the Greater Minnesota Corporation,a public
corporation designed to promote the creation and adoption of technology by Minnesota businesses.
Functions included providing legal services,managing a staff of 20 and serving as chief executive officer
af the corporation dtuing a search for a new presidenG
1970- 1987: Assistant Attorney General who has pmvided legal services to a wide array of clients includ-
ing:the Govemor,Lieutenant Governor,Secretary of State,State Treasurer,State Auditor,Attorney
General,Minnesota Supreme Court,Court of Appeals,Racing Commission,Cable Communications
Board,Ethical Practices Board,Executive Council and other agencies previously noted.Executive func-
. tions included:managing an office of six attarneys,serving on the executive committee of one attomey
general and chairing various office committees.
J.MICHAEL MILES P�ge Three
� APPOINTED POSITIONS HELD
Chair,Attorney General's Administrative Law Committee.
Board of Trustees,Minnesota Institute of Legal Educadon.
Board of Directors,Agriculturat and Economic Development Board.
Board of Directors,Minnesota Project Innovation.
Member,American Baz Association Task Force on the Model Procurement Act.
Legislative Task Force on Minnesota Administrative Procedure Act Revisions.
Board of D'uectors,Minnesota Cititiens Council on Crime and Justice.
Board of Trustees,Friends of the St.Paul Public Library.
Board of Directors,Roseville Area Schools Booster Club.
ADMITTED TO PRACTICE
Minnesota Supreme Court(1970)
Iowa Supreme Court(1970)
United States District Court,District of Minnesata(1970)
United States Court of Appeals,D.C. Circuit(1984)
EDUCATION
University of Iowa School of Law-J.D., 1970
Iowa State University-B.S.,English&Speech, 196b
•
' �
SECTION 5
�
OTNER PROFESSIONAL STAFF
PROVIDING CITY A1TC)RNEY SERVICES
ADDITIONAL ATTORNEY SUPPORT
In the event that Mike Miles is not immediately availabie to handle legal
issues as required by the City, two other attorneys may be contacted to
provide such services on behalf of FMM. These individuals are Shawn
Moynihan, who is currently the prosecuting attorney for the City of
Rosemount and Hastings City Attorney and Don Fiuegel, President of the
FMM firm. Brief biographies of Shawn and Don are included in this section.
, O71iER PROFESSIONAL STAFF
Where appropriate, our firm utilizes paraglegats to pertorm legal tasks
in order to minimize the cost to our clients. Two parategals, Joanne Varey
and Stephanie Rogness, have worked on various Rosemount projects and
we would propose that they continue to do so. Brief resumes for both
Joanne and Stephanie are inctuded in this section.
•
�
SNAWN MOYNIHAN
PROPOSED SERVICES
Lead attorney on prosecutoriai matters; backup on other municipal
matters for Rosemount.
EDUCATION
Wiiliam Mitcheil College of Law - J.D., 1982
University of Minnesota - B.A., Psychology, 1977
Rosemount High School, 1972
BRIEF BIOGRAPHY
Shawn has spent virtually his whole Iegai career providing Iegal
services to the City of Hastings and other municipal clients of the firm,
as well as pursuing a generai practice. He is a native of the
• Rosemount Area and, for the past 115 years, his family has farmed the
family farm in Rosemount.
RELEVANT EXPERIENCE
• in the past 12 years, has pertormed civii and prosecutorial work
as the Assistant and now, City Attorney for the City of Hastings.
• Pertormed all of the City of Rosemount's prosecution work
since May 1991.
RECENT MUNICIPAL WORK
Approximately 70%of Shawn's time has been spent on mun�cipal work
in the past 10 years.
AVAILABILITY/CURRENT RESPONSIBILCTIES
Shawn, in conjunction with the attorneys proposed to assist him, wiil
continue to be availabie to effectively handie all of the City of
Rosemount's prosecutorial matters.
�
�
DONALD FLUEGEL
PROPOSED SERVICES
General project oversight.
EDUCATION
Georgetown University Law Center - J.D., 1962
Coliege of St. Thomas - B.A., Accounting, 1959
BRIEF BIOGRAPHY
Don started practicing law in 1962 and currentty serves as President
of FMM. As noted below, he has extensive municipai, civii and
prosecutoriai experience. Additionally, he concentrates in the areas
of business law, estate pianning and estate and trust administration.
Don also is a successful businessperson and thus, is acutely aware of
• the need for mutual consideration and interaction between
municipalities and the business within them.
RELEVANT EXPERIENCE
• Hastings Ci#y Attorney for 25 years, pertorming both its civii and
prosecutorial legai dut�es.
• Assistant Dakota County Attorney for 5 years pertorming
prosecutorial work.
• Currently advises Cities of Hastings and Rosemount on major
municipal matters on request.
RECENT MUNICIPAL WORK
Approximately ten percent of Don's time has been spent on municipai
work in the past five years.
�
JOANNE A. VAREY
12920 Biscayne Avenue
� Rosemount, Minnesota 55068
EDUCATION:
Graduated from Rosemount High School
Attended University of Minnesota for 2 years
BRIEF BIOGR.APHY:
- Resident of Rosemount for the majority of my life.
- Active in St. Joseph' s Catholic Church particularly
in the choir.
- Active for many years in the Dakota County
Association for the Mentally Retarded.
- One of the founders of Dakota' s Children, Inc. a
provider of residential services for the mentally
retarded.
EMPLOYMENT HISTORY:
1984 to Present - employed by Fluegel, Moynihan & Miles,
P.A. and its predecessor, Hertogs, Fluegel, Sieben, Polk,
Jones & LaVerdiere, P.A. , Hastings, Minnesota. Primary
responsibility is real estate work of all kinds . Also
occasional trust accounting and fiduciary income tax
• returns .
1969 to 1984 - employed by McMenomy, Hertogs & Fluegel,
P.A.in the Rosemount office. The firm split and I
continued employment in Rosemount at McMenomy, Sheldon,
Dusich & Hansen, P.A. until I left to work for ponald J.
Fluegel in Hastings, Minnesota. My primary responsi-
bilities included Probate and Real Estate work and alsa
included setting up and keeping all payroll and
accounting records for the office and profit
sharing plan and trust.
RELEVANT EXPERIENCE:
Worked on the purchase and subsequent sale of 22 miles of
abandoned railroad right of way. Developed the legal
descriptions, organized and prepared the necessary
documents to complete the saies and served as liaison
between the association, the purchasers, and Dakota and
Scott County Auditors' Offices in the establishment of
110 separate tax parcels .
Worked on coordination of the information, easements,
deeds and other various items needed from Z2 separate
land owners and the City of Rosemount to ultimately plat
� White Lake Acres .
Worked on coordinating the abstract continuation for 70
parcels of land in 17 counties and 2 states and
examination of the titles, filing of mortgages and other
� documents necessary to complete the financing project.
Completed various Title Registration Proceedings and
Quiet Title Actions .
Currently working on the Township takeover of roadways
which were private roads . 76 separate parcels involved
and my responsibilities include coordinating the 5ervice
on the parties, mailing and receiving the easements,
consents from the lenders, providing the lead attorney
with detail necessary to complete the assessment rolls
and any other necessary details needed to keep the
project flowing smoothly.
i
•
STEPHANIE K. ROGNBSS
� Education:
Graduate of White Bear Lake Senior High
Winona State University, B.S . in Paralegal Studies, 1987
Brief Biography:
Resident of Vermillion since November 1987
Former Treasurer and Member of Winona State University
Paralegal Association
Employment History:
November 1986 to Present - Employed as Legal Assistant
with FLUEGEL MOYNIHAN & MILES, P.A. and its predecessor
Hertogs, Fluegel, Sieben, Polk, Jones & LaVerdiere, P.A. ,
Hastings, Minnesota. Primary responsibility has been
civil litigation, and assist senior attorney and legal
assistant in corporate and pension administration areas .
January 1978 through August 1984 - Legal Secretary/Word
Processing Specialist at Hessian, McRasy & Soderberg,
P.A. , Minneapolis, MN. Primary resgonsibilities included
preparation of civil litigation documents : pl.eadings,
� discovery documents, motions, and briefs; corporate
minutes and resolutions; estate planning (wills and
trusts ) ; business law documents (security agreements,
mortgages, partnership agreements, etc. j ; and pension
administration (profit sharing plans and trusts) - for
review by attorneys .
Relevant Experience:
Assist civil litigation attorney in representation of
either plaintiffs and defendants with preparatian of
discovery documents (interrogatories and requests for
production of documents, and scheduling depositions ) , and
docketing cases on ealendar.
Assist City Attorney in gathering pertinent data from
various outside agencies, prepare criminal formal
complaints for review by prosecutor.
�
SECTION 6
�
AVAILABILJTY OF FMM PERS�NNEL
As discussed in Section 2 of this proposal, we view the City of
Rosemount as a premiere client of our firm. Consequentiy, the personnef
described in Sections 4 and 5 of this proposai wiii be available on a priority
basis to meet the needs of the City of Rosemount.
Additionafly, since City officials must often work lengthy and unusual
hours, our attorneys are availabie to you on a 24-hour a day basis.
We believe that pertormance is a better indicator of our availabitity
than simply promises. We wouid ask the City to review our pertormance in
terms of availability in order to judge our commitment.
�
�
1
� SECTtON 7
PREVIOUS AND CURRENT EXPERIENCE
IN MUNICIPAL LEGAL SERVICES
HASTINGS, MINNESOTA
Members of our firm have provided legai services to the City of
Hastings for the past 32 years. Currently, Shawn Moynihan provides
comprehensive civil and prosecutorial city attorney services to Hastings. in
this capacity, Shawn proUides all legai services needed by the City, except
for certain labor negotiations and bond issuance work.
City of Hastings Corrtact Person:
� David M. Osberg
Hastings City Wall
101 East Fourth Street
Hastings, MN 55033
(612) 437-4127
Although they are not considered municipalities, Shawn also
represents Vermillion Township and Stanton Township and has undertaken
a complex real estate matter for Ravenna Tawnship. Shawn has also
provided legal services to the Housing and Redevelopment Authority for the
City of Hast�ngs.
�
SECTION 8
�
PREVIOUS AND CURRENT
LEGAL ACTIVITIES FOR ROSEMOUNT
Members of FMM have provided legal services to the City of
Rosemount since the spring of 1991. This work has inciuded the bulk of a!f
civi{ legai needs of the City plus ali prosecutorial activities. in addition to
pertorming the services described in Section 2 of the Rosemount RFP and
our firm's response thereto, several of the specific projects we have been
involved with inciude:
• Assisting the City in formation of the Rosemount Port Authority
• b re aration of necessar resolutions, bylaws, etc.
YP P Y
• Developing a Code of Ethics for the City appiicable to all
Rosemount municipal officials.
• Developing the City's first sexual harassment sensitivity policy
a�d provided training to City officials and staff.
• Assisting the City in acquiring the property for the Rosemount
Business Park.
• Revising the City's basic development agreement and
standardizing other municipal documents.
•
SECTION 9
�
POTENTIAL CONFLICTS OF INTEREST
FMM does not have any significant confiicts of interest for two distinct
reasons:
• Our firm does not represent any City or other pubiic body which
is contiguous to the City of Rosemount. This allows us to
always put Rosemount first in the event of any dispute with a
contiguous munic[pality or township and avoids the problem of
divided loyalty.
• Our firm has intentionally chosen not to represent businesses,
developers, etc.,with which the City of Rosemount has frequent
�
dealings. Again, this avoids any potential conflict of �nterest
between the interests of Rosemount and other parties.
The oniy potential conflict arises from the fact that one paralegal in our
firm resides in Rosemount and several other members of the firm have
relatives living in the City. Thus, in the unHkely event that a significant
dispute arises between the City and a Rosemount resident who is a member
of or related to a member of our firm, we couid not participate in such
matters.
�
SECTION 10
�
LEGAL LIBRARY AND RESEARCH CAPABILITIES
The FMM law library contains a number of resources which assist us
in representing Rosemount and other municipalities on a day-to-day basis.
Our firm is also located within five minutes of the Dakota County Law Library,
which we rely on for major research projects and computer access. A list of
�
our firm's !aw library resources and those we access at the Dakota County
Law Library are included in this section.
•
�
LAW FIRM'S LIBRARY RESOURCB LIST
� tatutes
S
- Minnesota Statutes Annotated
- Minnesota Statutes
- Minnesota Session Law Service
Case Reporters
- Minnesota Reporter
DiQest
- Minnesota Digest, Second Edition
Citations
- Minnesota Citations
. Other Resources
- Mc Quillin, "The Law of Municipal Corporations" , Third Edition
- The Bureau of National Affairs, Inc. , "Arnericans with
Disabilities Act Manual°
- Jamnik, Joel . "Handbook for Minnesota Cities" , Sixth Edition.
League of Minnesota Cities, St. Paul, MN 1993.
- League of Minnesota Cities, "Update for City Attorneys" ,
- Minnesota Rulss
- Modern Real Estate and Mortgage Forms, Arnold, Kusnet
�
DAKOTA COUNTY LAW LIBRARY
� - located within five minutes of the Law Firm.
Services Available
- collection is fully catalogued, both by card index and by
computer through PALS
- WESTLAW searches
Six publications on CD-ROM which are searchable at no charge:
- United States Code Annotated
- Minnesota Statutes Annotated
- Minnesota Reporter
- Law on disc - Minnesota cases : 1898 forward
- Wright & Miller, Federal Practice and Procedure
- Wisconsin Statutes
- Computer Access: two public access terminals; connected
to local network; CD-ROM drive; Westlaw search (using own
password)
- Attorney service center: telephone courtesy, typewriter,
personal computer with Word Perfect; 5 business day loan
• of materials
- Document delivery by fax
- Photocopy self-service
- Online searches of State Law Library and Law School
collections
- Telephone reference service
Library Collection
Currently 8,000 volumes: Federal, Regional, Minnesota :
materials (Statutes, case reporters, treatises, citators)
Other Resources, include, but not limited, tos
- Dunnell' s Minnesota Digest
Wright's Federal Practice
- Minnesota Practice
- Minnesota Civil Practice
- Jones On Evidence
- La Fave Search & Seizure
- Minnesota Title Standards
� _ Nichols on Eminent Domain
Minnesota Crimes and Defenses
- Minnesota Moving Violations and Misdemeanors
•
- Hamline Law Review
- Minnesota Law Review
� - William Mitchell Law Review
Comprehensive City and Township Codes of communities located
within Dakota County, including: Apple Valley, Burnsville,
Eagan, Eureka Township, Farmington, Hastings, Lakeville,
Ravenna Township, Rosemount, Vermillion, West St. Paul
i
.
�
SECTION 11
�
FEES FOR GENERAL LEGAL SERVICES
As compensation for provision of generai legai services as city
attorney, FMM praposes essentiaily the same fee arrangement we currently
have with the City of Rosemount. That fee structure provides as foliows:
1. A fiat hourly rate of $90.00 per hour for ali day-to-day general
legal services provided to the City. Based upon our time
records regarding work performed for the City, the $90.U0 fee
would apply to approximately 90% of the generai legal services
pertormed to the City.
. � 2. $125A0 per hour for litigation engaged in on behaif of the City
of Rosemount and for complex developrnent projects. This fee
for complex development projects would only apply under one
of two specific conditions: (a) in circumstances where the
developer is reimbursing the City for the City's legal fees; or(b)
oniy with the explicit aPproval of the City. ,
3. As stated in Section 2 of this response, the City wiN not be
charged for FMM's travel to and from the City of Rosemount.
.
- SECTION 12
�
AUDIT/FINANCIAL REPORT
The financiai information requested under this section is confidentiai
data from our firm's point of view. Since Rosemount's RFP and our
response thereto are matters of pubiic record, we do not believe we can
maintain the confidentiality of our audit/financiai information if we inctude this
material in our response.
If our audit/financiai information can be treated on a confidentiai basis
by those reviewing the responses to your requests for proposal, we will
immediately submit copies of this data to the City. We believe that such data
� can be considered as "nonpublic" under Minn. Stat. §13.37, Subd. 1(b). If the
City concurs, please advise our firm so that we may make the appropriate
submission for your review.
�
Jx
t . ��I . � . � .
MEMORANDITM '
LARKIN,HOFFMAN,DALY&LINDGREN,LTD.
TO: City of Shorewood
FROM: Tim Keane
Larkin, Hoffman, Daly& Lindgren, Ltd.
DATE: July 1, 1994
RE: Minnesota Ethics in Government Act Amendments
As you ma.y know, the Minnesota legislature recently amended the Ethics
in Government Act to restrict gift-giving to elected and appointed
local government officials. Similar provisions apply to state
legislators. This memorandum summarizes the provisions of that
legislation.
I. Conduct of Interested Persons
The 1994 amendments prohibit gifts from '�interested persons" to
local officials. Similarly, local government officials are
prohibited from accepting such gifts.
"Gift" means "money, real or personal property, a service, a
loan, a forbearance or forgiveness of indebtedness, or a promise
of future employment, " that is given without consideration from
the recipient that is equal to or greater in value.
"Interested person° means ��a person or a representative of a
person or association that has a direct financial interest in a
decision that a local official is authorized to make. °
"Local official�� means °an elected or a�Aointed official of a
county or city or of an agency, authority, or instrumentality of
a county or city. �� Id.
This new prohibition applies to all cities and counties,
including those in the 7-county metropolitan area.
II. Exemptions from Prohibition
Specific exclusions from the broad new prohibition on gifts
include:
* political contributions;
* services or information of insignificant value;
:t
r-
(
Memo to the City of Shorewood
July l, 1994
Paqe Two
* a plaque or similar memento of insignificant value;
* food or beverage at a reception, meal or meeting away from
the recipient' s place of work by an organization for whom
th.e recipient appears to make a speech or answer questions
as a part of a program.
The prohibition also does not apply if the gift is given:
1) because of the local official 's membership in a group, the
majority of whose members are not local government
officials, and all members of the group receive the same
gift;
2) by an interested person who is a family member, unless given
on behalf of someone who is not a family member.
In summary, local officials, both elected and appointed, should not
accept gifts (tickets to athletic events, theater production, lunches,
golf utin s, etc from individuals or organizations that stand to
� enefit from a decision by the City.
If you have any questions regarding this new legislation, please
contact me or Peter Coyle at Larkin, Hoffma.n, Daly & Lindgren, Ltd. ,
at 612-835-3800 .
PJC:gev:BG3s
�
PROSECUTION SERVICES :
FOR ROSEMOUNT
SUBMITTED BY
FLUEGEL MOYNIHAN & MI�ES
t303 SOUTH FRONTAGE ROAD, SUITE 5
HASTINGS, MINNESOTA 55033
(612) 438-9777
CONTACT PERSON: SHAWN MOYNIHAN
JUNE 17, 1994
•
�
� AREAS OF FIRM EXPERTISE AND
GENERAL SERVICES AVAILABLE AND RESUMES
1
�
SPECIAL AREAS OF PRACTICE Z
ACCESSIBtLITY OF PROSECUTOR 3
PRIMARY PROSECUTOR AND
BQCKUP PERSONNEL 4
LEGAL LIBRARY AND RESEARCH �
�eaer�n �r��c
OTHER PROFESSIONAL STAFF PROVIDING �
PROSECUTION SERVICES
•
RELATED PROSECUTORIAL
SERVICES/COURT APPEARANCES '
CURRENT PROSECUTORIA.L EXPERIENCE 8
CURRENT ACTIVITIES PERFORMED FOR
THE CITY OF ROSEMUUNT �
POTENTIAL CONFLICTS OF INTERES7 10
FEES FOR PROSECUTIUN LEGAL SERI/ICE��
• AUDIT/FINANCIAL REPORT
12
�OneS#ep�
INDEX SVSTEM
SECTION 1
�
AREAS OF FIRM PRACTICE
AND
GENERAL SERViCES AVAILABLE
fluegei Moynihan & Miles (FMM) concentrates its legai practice in the
following areas:
� MUNICIPAUGOVERNMEN'TAL LAW - Serving cities and other
governmentai units with respect to ali traditional civii and
criminai matters, as weii as special projects.
� ADMINISTRATNE LAW - Assisting clierrts in rule making and
contested case matters in such areas as environmentai and
• commerdal regulation.
� REAL ESTATE - Representing municipafities, businesses,
lenders and individuais with their broad-based�eat�state n�ecls,
inctuding condemnation.
� BUSINESS CORPORATIONS-Undertaking ali forms ot business
transactions, inciuding business formation and dissoiution,
conttact matters, franchise taw and pension and prflfit sharing.
• CM� U7IGATION - Participating in various forms of legat
actions (includfng arbitration, civil and criminal triais, appeitate
practice, etc.� to meet ciient needs.
� �
� EMPLOYMENT LAW - Dealing with issues such as sexual
� harassmerrt, discipiinary proc�aedings, emPloYment-at-wilt, EFOC
requirements, ADA regulations, veteran's preference and
PELRA.
• COMPLEX FINANCtAI. TRANSACTIONS - Assisting clier�ts in
capitai formation, muiti-party development agreements, etc.
� ECONOMIC DEVELOPMENT - Heiping Individuals and
businesses access state and federai economlc deveiopment
resources.
� CREDiTORS REMEDIES - A variety of debt cotiection services:
• ENYIRONMENTAL !AW - Helping Ciients understand and deai
with today's complex environmentai requirements.
�
• ESTATE PtANNINGIPROBATE - Assistin9 individuals in
minimizing �state taxes and maximizing asse�tss conveyed.
• CRtMINAL PRQSECUTtON-Handiing aii pras�cution matters for
Rosemount and Hastings.
� EMPLOYEE BENEFfTS-Structuring and adm�n�stering employee
benefit programs for a variety of bustness ciients.
� FAMILY LAW - Assisting individuais with adoption and retated
matters.
• INCOME TAX• Preparing tax returns for individuais,businasses
and estates and trusts.
�
� MEDIATfQN - Professionaily trained to provide mediation
� services to persons and business organizations.
•
�
•
DONAI.D FLUEGEL
PR�PQSED SERVICES �
General project oversight.
EDUCATION
Georgetown University Law Center - J.D., 1962
College of St. Thomas - B.A., Accounting, 1959
BRIEF BIOGRAPHY
Don started practicing law in 1962 and currerrtiy s�rves as President
of FMM. As noted below, he has extensive municipat, civil and
prosecutorial experience. Additionally, he concerrtra#es in the areas
of business law, estate pianning and estate and trust administration.
. Don also is a successfui businessperson and thus, is acutefy aware of
the need for mutuai consideration and irrteraction between
municipaliti� and the business within them.
REL.FVANT EXPERIE:NCE
� Hastings City Attomey for 25 years, performing t�oth its civit and
prosecutorial legai duties.
� Assfstant Dakota Courrty Attorney for 5 years perfarming
prasecutorisi work.
• Currerrtly advises Cities of Hastings and Rosemourrt on major
municipal matters on request.
RECENT MUNICiPAL WORK
Approximately ten percent of Don's time has been spent on mun�cipai
work �n the past f€ve years.
i
� _.
�
SHAWN MOYNIHAN
PROPOSED SERVICES
Lead attorney on prosecutorial matters; backup on other municipal
matters for Rosemount.
EDUCATION
William Mitcheli Coilege of Law - J.D., 1982
University of Minnesota - B.A., Psychology, 1977
Rosemount High School, 1972
BRtEF BIOGRAPHY
Shawn has spent v�rtuaily his whote tegal career providing legal
services to the City of Hastings and other municipal ciients of the firm,
� as weli as pursuing a generai practice. He is a native of the
Rosemount Area and,for the past 115 years, his famity has farmed the
family farm in Rosemount.
RELEYANT IXPERIENCE
• in the past 12 years, has pertormed civil and prosecutoriai work
as the Assistant and now, City Attorney for the City of Hastings.
• Performed aii of the City of Rosemount's prosecution work
since May 1991.
RECENT MUNICIPAL WORK
Approximately 70'�0 of Shawn's time has been spent on municipai work
in the past 10 years.
AVAILABILITY/CURRENT RESPONSIBILITIES
Shawn, in conjunction with the attorneys proposed to assist him, wiil
continue to be available to effectively handie aii of the City of
Rosemount's prosecutorial matters.
�
� J. IVIICHAEL MILES �
409 Tessier Circle
Vadnais Heights,Minnesota 55127
. Telephone: (612)429-4969
AREAS OF CONCENTRATION AND LEGAL ACTIVITIES
CIVIL LITIGATION:
❖ Served as chief counsel on numerous significant business litigation matters for major corporate clients.
•'r Extended practice in workplace harassment matters.
•3 Experience in Minnesota District Courts,Court of Appeals and Supreme Court.
ADMIlVISTRATIYE LAW:
•:► Participated in numeraus rulemaking and contested case pnoceedings over a periad of 17 years,
including the Minneapolis and St�Paul cable television fianchise disputes.
❖ Represented the Office of Administrative Hearings in its rulemakiag and staff-related contested cxse
� prc�ceedings for seven years.
❖ Chaired seven continuing legal education courses on administrative taw and lectured on rulem�ng aud
contested c,ases at the University of Minnesata,William I�+�itchell aixi Haznline law schaols,
�:• Chaired the Atwrney General's Administradve Law Commitbee fr�its inceptic�n and served as tt�e
Attorney General's administrative law tiaison ta the Minnesota legislai�u+e.
PUBLIC FINANCE:
❖ Served as chief counsel to the Statc Ihpartments of Administration and Finance and the State Bc�ard of
Investrnent for aver 13 years.
❖ Assisted in the preparation and sale of appmxirnatety 25 state general obligation bond issues.
❖ Originated the State af Minnesota's use of third party leaselpurchase financing and concluded in excess
of 100 such transactions.
❖ Reviewed potential investments of the State Board of Investment and negotiated and prepared
investment dacuments for the Board with banlcs,financial consultants and equity and bond managers.
❖ Appeared before the Securities Exchange Commissian regarding rulemaking and proxy matters an
behaif of the State Board of Investmen�
•3 Developed a loan program far the state Rural Finance Autfiority regarding a combination of revanue and
� general obligatian bonds to fund agricultural loan restrucwrings.
J. MICHAEL MILES Page Two
� CONTRACfSlPUBLIC PURCHASING:
❖ Served as the Attomey General's primary attorney on contract and public pur�hasing issues.
❖ Litigated numerous contracdpublic purchasing disputes.
❖ Lectured at several continuing legal educadon programs on public purchasing and made numerous
purchasing law presentations to municipalities and schaol districts.
❖ Develoged standardized electronic data processing and cansulting contracts for the State of Minnesota.
•3 Provided all legal services to the Minnesota Supreme Court in acquiring its judicial caseload data
processing system and assisted the Court in selling its soflware to Honeyweil.Inc..
SMALL BUSINE5S DEVELOPMENT:
�:• Counseled several hundred small and medium sized businesses regarding access to technology and '
securing business financing.
❖ Chaired continuing legal educatian course on economic development resources for Minnesota
businesses.
❖ Served on the Board of Minnesota Praject Innovadon(1988-1990),a non pmfit corporation assisting
small businesses in obtaining federal innovation and research grants.
. ❖ Served on the Agricultural and Economic Development Boazd of the State Department of Trade and
Economic Development(1988-1991),which provided:revenue bonds for capital imgrovement laans to
Minnesota businesses.
WORK HISTORY
I 992 to Preseat:Principal in the law firm of Fluegel,Moynihan and Miles,with primary emphasis on:civil
litigation,municipal law and general business law.(This firm was created after my formtr fitm split into two
law firms).
1991 - 1992:Attomey in the law firm of Hertags,Ftueget,Sieben,Polk,Jones and LeVerdiere,practieing in
the azeas of civil litigation,municipal and business law.
I 487- 1991:Chief operating o�cer and general counsel to the Greater Minnesota Corporation,a public
carporation designed to promote the creation and adoption af technology by Minnesota businesses.
Functions ineluded providing legal services,managing a staff of 24 and serving as chief executive ot�icer
of the corporation during a search for a new presiden�
1970- 1987:Assistant Attomey General who has provided tegal services to a wide array of clients includ-
ing: the Governur,Lieutenant Governor,Seeretary of State,State Treasurer,State AudiWr,Attorney
General,Minnesota Supreme Court,Court af Appeals,Raeing Commission,Cable Communicatians
Boazd,Ethical Practices Boarti,Executive Council and other agencies previously noted.Executive func-
tions included:managing an office of six attorneys,serving on the executive committee of one attorney
' � generat and chairing various o�ce committees.
J.MICHAEL MILES P���
i
APPOINTED POSITIONS HELD
Chair,Attomey General's Administrative Law Canunittee.
Board of Trustees,Minnesota Institute of Legal Education.
Board of Directors,Agricuttural and Economic Development Board.
Board of Directors,Minnesota Project Innovation.
Member,American Baz Association Task Force on the Model Procurement Ac�
Legislative Task Force on Minnesota Administrative Proeedur�Act Revisions.
$oard of Directors,Minnesota Citizens Couaeil on+Crime and Justice.
Board of Trustees,Friends of the St.Paui Public Library.
Board of Directors,Roseville Area Schools Boosttr Club.
ADMITTED TO FRACTICE -
Minnesota Supreme Court(1970)
Iowa Supreme Court(1970)
United States District Court,District of Minnesota(1970)
United States Court of Appeals,D.C. Circuit(1984)
EDUCATION
University of Iowa School of Law-J.D., 1970
� Iowa State University-B.S.,English 8c Speech, 1966
•
�
JOAN FLUEGEL
PROPOSED SERYtCES
Backup attorney an prosecutoriai matters.;
EDUCATION
Wiiliam Mitchell College of Law - J.D. magna cum laude, 1992
Coliege of St. Catheriae, B.A., Journalism - Pubiic Relations, 1986
BRIEF BIOGRAPHY
Over the course of the past two years, Joan has assisted Shaw�
Moynihan with pro�ecution matters, including arraignments, pretrial
• hearings, probation revocation heaMngs and the court and ]ury trials.
She is famiBar wi#h the prosecution process and the court systems.
Her famfiy is native to Ra�emourrt.
ALLOCATlON QF WORK
Joan wiii remain avafiabte to assist Shawn in a!! prosecution matters.
�
i
� SECTION 2
SPECIAL AREAS OF PRACTICE
Shawn Moynihan, who woWd continue to serve as the primary
prosecutor for Rosemount, has 12 years of prosecuting experience. In the
past 12 years, Shawn has broadened his skiils in all facets of criminai
prosecution, ranging from preparing policy statements for police
departments to conducting criminal jury triais.
• CRIME PREVENTION COMMITTEE-Shawn presently serves on
the Hastings Crime Prevention Committee. This is a nonprofit
corporation, the purpose of which �s to encourage the
� prevention of crime by assisting the police department with the
purchase of special equipment that is not otherwise budgeted;
informing citizens on how to discourage crime in their
neighborhood; offering rewards for the arrest and conviction of
criminais; and otherwise educating the community on crime
prevention techniques.
� DAKUTA COUNTY �MESTIC ABUSE TASK FC1RCE - Shawn
has also served on the Dakota County Domestic Abuse Task
Force since its inception in 1990. The goal of this task force is
to develop policies and procedures to effectively and
consistently respond to domestic abuse in Dakota County.
�
• APPELLATE EXPERIENCE - Shawn has criminai appellate
� experience at the Court of Appeais leve! on the question of
whether a prior Wisconsin conviction for driving under the
influence could be used to enhance, a subsequenf Minnesota
driving under the influence offense from a misdemeanor to a
gross misdemeanor. Mike Miles and Joan Fluegel also have
appellate experience at the Court of Appeais ievel and Supreme
Court level on civil matters.
�
�
SECTION 3
�
ACCESSIBIUTY OF PROSECUTOR
it is a policy at our office that police officers and office staff shouid
always have access to Shawn and all other attorneys in our office. Shawn,
in writing and verbaily, 'has consistently encouraged Rosemount police
officers to caii him at any time, at home or at work, at nights and on
weekends. Rosemount police officers have done so. We believe that since
police officers are on the streets 24 hours a day, #heir prosecutor shouid be
availabie to answer questions at times other than just the prosecutor's office
hours.
�
When Shawn has gone on vacation, he has informed, and wouid
continue to inform,the Rosemount Police Department af the dates he will be
gone and the home phone number of other attorneys in our office who would
be available to answer the police officers' questions.
When Shawn has to leave the office during the day, our office staff
atways knows where they can reach him so that Shawn is avaitabie to return
a call to a Rosemount police officer or the pofice department administration.
It is also a policy of our office that the prosecutor seek the input ofi the
officers involved in a matter before making'any major decis�on on that case.
�
SECTION 4
�
PRIMARY PROSECUT�R AND BACKUP PERSONNEL
Shawn Moynihan would continue to serve as the primary prosecutor
for Rosemount, as he has done since May 1991.
Mike Miles and Joan Fiuegei wouid continue to serve as backup
personnei in the event Shawn has court appearances in two locations at the
same tima
�
�
SECTION 5
�
LEGAL LJBRARY AND RESEARCH CAPABILJIIES
The FMM law library contains a number of resources which assist us
in representing Rosemount and other municipalities on a day-to-day basis.
Our firm is also located within five minutes of the Dakata County Law Library,
which we rely on for major research projects and computer access. A list of
our firm's law library resources and those we access at the Dakota County :
Law Library are inc{uded in this section.
�
�
LAW FIRM'S LIBRARY RBSOURCS LIST
�
Statutes
- Minnesota Statutes Annotated
- Minnesota Statutes
- Minnesota Session Law Service
Case Reporters
- Minnesota Reporter
Diqest
- Minnesota Digest, Second Edition
Citations
- Minnesota Citations
• Other Resources
- Mc Quillin, "The Law of Municipal Cor�rations" , Thi=d Edition
- The Bureau of National Affairs, Inc. , "Americans with
Disabilities Act Manual"
Jamnik, Joel. "Handbook for Minnesota Cities" , Sixth Edition.
League of Minnesota Cities, St. Paul, MN 1993.
League of Minnesota Cities, "Update for City Attorneys", :
- Minnesota Rules
- Modern Real Estate and Mortgage Forms, Arnold, Rusnet
�
DAROTA COUNTY LAW LIBRARY
� - located within five minutes of the Law Firm.
5ervices Available
- collection is fully catalogued, both by card index and by
computer through PALS �
- WESTLAW searches
Six publications on CD-ROM which are searchable at no charge:
- United States Code Annotated
- Minnesota Statutes Annotated
- Minnesota Reporter
- Law on disc - Minnesota cases : 1898 forward
- Wright & Miller, Federal Practice and Procedure
- Wisconsin Statutes
- Computer Access : two public access terminals; connected
to local network; CD-ROM drive; Westlaw search {using own
password)
- Attorney service center: telephone courtesy, typewriter,
personal computer with Word Perfect; 5 business day loan
of materials
� - Document delivery by fax
- Photocopy self-service
- Online searches of State Law Library and Law School
collections
- Telephane reference service
Library Collection
Currently 8,000 volumes: Federal, Regional, Minnesota
materials (Statutes, case reporters, treatises, citatars)
�ther Resources, include, but not limited, to:
- Dunnell's Minnesota Digest
- Wright' s Federal Practice
- Minnesota Practice
- Minnesota Civil Practice
- Jones On Evidence
- La Fave Search & Seizure
Minnesota Title Standards
i - Nichols on Eminent Domain
� - Minnesota Crimes and Defenses
- Minnesota Moving Violations and Misdemeanors
- Hamline Law Review
� = Minnesota Law Review
William Mitchell Law Review
Comprehensive City and Township Codes of communities located
within Dakota County, including: Apple Valley, Burnsville,
Eagan, Eureka Township, Farmington, Hasting�, Lakeville,
Ravenna Township, Rosemount, Vermillion, West St. Paul
•
•
SECTION 6
�
OTHER PROFESSIONAL STAFF
PROViDtNG PROSECUTION SERVICES
ADDITIONAL ATTORNEY SUPPORT
in the event that Shawn Moynihan is not immediately availabi� to
handie prosecution matters for the City, two other attorneys are availabie to
provide such services on behaif of FMM. These individuats are Mike Mites,
who is currentiy the city attorney for the City of Rosemount and Joan
Fluegel. Brief biographies of Mike and Joan are inciuded in this section.
OTHER PROFESSIONAL STAFF
• Where appropriate, our firm utilizes paragiegals to pertorm legal tasks
in order to minimize the cost to our ciients. Two paralegais, Joanne Varey
and Stephanie Rogness, have worked on vacious Rosemount projects and
we would propose that they continue to do so. Brief resumes for both
Joanne and Stephanie are included in this section.
•
JOANNE A. VAREY
12920 Biscayne Avenue
Rasemount, Minnesota 55068
�
EDUCATION:
Graduated from Rosemount High Schaol
Attended University o€ Minnesota for 2 years
BRTEF BIOGRAPHY:
- Resident of Rosemount for the majority of my life.
- Active in St. Joseph' s Catholic Church particularly
in the choir.
- Active for many years in the Dakota County
Association for the Mentally Retarded.
- One of the founders of Dakota's Children, Inc. a
provider of residential services for the mentally
retarded.
EMPLOYMENT HISTORY:
1984 ta Present - employed by Fluegel, Moynihan & Miles,
P.A. and its predecessor, Hertogs, Fluegel, Sieben, Polk,
Jones & LaVerdiere, P.A. , Hastings, Minnesota. Primary
responsibility is real estate work of all kinds . Alsa
occasional trust accounting and fiduciary income tax
� returns .
1969 to 1984 - employed by McMenomy, Hertogs & Fluegel,
P.A.in the Rosemount office. The firm split and I
continued employment in Rosemount at McMenomy, Sheldon,
Dusich & Iiansen, P.A. until I left to work for ponald J.
Fluegel in Hastings, Minnesota. Mg pri.mary responsi-
bilities included Probate and Real Estate work and also
included setting up and keeping all payroll and
accounting records for the office and profit
sharing plan and trust.
RELEVANT EXPERZENCE:
Worked on the purchase and subsequent sale of 22 miles of
abandoned railroad right of way. Developed the legal
descriptions, organized and prepared the necessary
documents to cornplete the sales and served as liaison
between the associatian, the purchasers, and Dakota and
Scott County Auditors' Offices in the establishment of
110 separate tax parcels .
Worked on coordination of the information, easements,
deeds and other various items needed from 22 separate
land owners and the City of Rosemount to ultimately plat
� White Lake Acres .
�
Worked on coordinating the abstract continuation for 70
� parcels of land in 17 counties and 2 states and
examination of the titles, filing of mortgages and other
documents necessary to complete the financing project.
Completed various Title Registration Proceedings and
Quiet Title Actions .
Currently working on the Township takeover of roadways
which were private roads . 76 separate parcels involved
and my responsibilities include coordinating the Service
on the parties, mailing and receiving the easements,
consents from the lenders, providing the lead attorney
with detail necessary to complete the assessment rolls
and any other necessary details needed to keep the
project flowing smoothly.
�
�
STEPHANIS R. ROGNBSS
� Education:
Graduate of White Bear Lake Senior High
Winona State University, B.S. in Pa=aleqal Studies, 1987
Brief Biography:
Resident of Vermillion since November 1987
Former Treasurer and Member of Winona State University
Paralegal Association
Employment History:
November 1986 to Present - Employed as Legai Assistant
with FLUEGEL MOYNIHAN & MILES, P.A. and its predecessor
Hertogs, Fluegel, Sieben, Po1k, Jones & LaVerdiere, P.A. ,
Hastings, Minnesota. Primary responsibility has �en
civil litigation, and assist senior attorney and legal
assistant in corporate and pension administration areas.
January 1978 through August 1984 - Legal Secretary/Word
Processing Specialist at Hessian, McKasy & Soderberg,
P.A. , Minneagolis, MN. Primary responsibilities included
� preparation of civil litigation documents: pleadinqs,
discovery documents, motions, and briefs; corporate
minutes and resolutions; estate planning (wills and
trusts }; business law documents (security agreements,
mortgages, partnership agreements, etc. ) ; and pension
administration (grofit sharing plans and trusts) - far
review by attorneys .
Relevant Expe=ience:
Assist civil litigation attorney in representation of
either plaintiffs and defendants with preparation Qf
discovery documents (interrogatories and requests for
produetion of docunnents, and scheduling depositions} , and
docketing cases an calendar.
Assist City Attorney in gathering pertinent data from
various outside agencies , prepare crimi.nal farmal
complaints for review by prosecutar.
�
SECTION 7
�
RELATED PROSECUTORIAL
SERVICES/C�URT APPEARANCES
We would continue to attend all court hearings on petty misdemeanor,
misdemeanor and gross misdemeanor offenses which occur in the City of
Rosemount. These hearings consist of arraignments, pretriais, omnibus
hearings, court triais, jury trials and probation revocation hearings.
• WRITTEN UPDATES - After a criminal case is concluded, aU
officers �nvolved in that case have been, and wil! continue to
receive, a disposition letter. This letter gives the name of the
•
defendant, the police case number (for easy crvss-reference to
the officer's records), the type of Mearing heid, date of the
hearing, the name of the presiding judge and a summary of the
disposition. if the disposition is different than a typical result for
that particular offense, an explanation is given as to why the
result is different. In that event, the officer is always
encouraged to caii Shawn if he has any questions or wishes to
discuss the matter.
�
� TRAINING SESSIONS - We are aiways ready to hotd training
� sessions for police officers on any topic. We have aiso always
been available to attend any department meetings and to
address any questions or concerns of the officers or the
department as a whole.
� POLICY STATEMENTS AND LEGAL UPDATES - Shawn wilt
continue to be availabie to assist the department in drafting new
policy statements and revising current department poiicies. The
department should be encouraged to continue to review and
revise, if necessary, its policies and procedures. We beiieve
police policies should be reviewed frequently to make sure they
remain workabie and are being foilowed by the officers. Police
� departments may have increased liability exposure it its policies
are outdated or are not being foilowed.
Dur ofifice wiil contlnue to make sure the Rosemount Potice
Department is aware of any new court decisions or laws which
affect police work in Rosemount.
At the end of each legislative session, the police department
typicalty receives severai publications regarding new taws that
were enacted by the legislature. These publications usually
come from the Minnesota County Attorney's Association,
Minnesota Chief's of Police Association and possibly other
organizations. In addition to providing any written materiai to
�
supplement what the department has aiready received, we are
� avaElable to meet with the officers at roil caii or some other
convenient time for the ofificers, to oraily go over any changes
in the law and to answer the officers' questions.
• OTHER RELATED SERVICES - We are wiiling to provide any
other related services to the Rosemount Police Department that
the department feels it needs from its prosecutor.
�
�
1 .
S ECT10H 8
�
CURRENT PRQSECUTORIAL EXPERIENCE
• SHAWN MOYNIHAN - Shawn has prosecuted criminal offenses for the
City of Hastings#rom 1982 to the present. The contact person at the
Hastings Police Department is Chief Nick Wasylik, at 480-23U0.
Shawn is also the City Attorney for Hastings and has served as either
the assistant city attorney or city attorney for Hastings since 1982.
The contact person is Hastings City Administrator Dave Osberg, at
437-4127.
� Shawn has aiso prosecuted cases for the City of Rosemount from May
1991 through the present.
Addifionally, Shawn represents Vermillion Township and Stanton
Township, but does not prosecute their criminal offenses, since
criminal offenses which occur in the Townships must be prosecuted
by the County Attorney.
Shawn has aiso handled criminal prosecution cases for other,
mun�cipalities when its prosecutor has had a conflict of interest. '
These municipalities include: Dakota County,Apple Valtey,Burnsviile,
Cottage Grove, Eagan, tnver Grove Heights and South St. PauL
�
• MIKE MILES - Mike has served as Rosemount's city attorney since
� January 1992. During that time, Mike has also served as a backup
prosecutor to Shawn.
• JOAN FLUEGEL - Joan has served as a backup prosecutor to Shawn
since she was admitted ta the Bar in October 1992.
�
�
SECTION 9
�
CURRENT ACTIVtT1ES PERFORMED FOR
THE CiIY OF ROSEMOUNT
Our office has been providing legal services to Rosemount since May
1991. Our office also provides legai services to the Rosemount Port
Authority.
�
�
� �
SECTION 10
�
POTENTIAL CONFLICTS OF INTEREST
FMM does not have any significant conflicts of interest for two distinct
reasons:
• Our firm does not represent any City or other public body which
is contiguous to the City of Rosemount. This ailows us to
aiways puf Rosemount first in the event of any dispute with a
contiguous mun�cipality or township and avoids the probiem of
divided loyalty.
• Our firm has intentionally chosen no# to represent businesses,
� develo ers, e#c.,with which the City of Rosemount has frequent
P
dealings. Again, this avoids any potentiai confiict of interest
between the interests of Rosemount and other parties.
The oniy potentiai confiict arises from the fact that one paralegai in our
firm resides in Rosemount and severai other members of the firm have
relatives living in the City. Thus, in the unl�kely event that a significant
dispute arises between the City and a Rosemount resident who is a member
of or related to a member of our firm, we could not participate in such
matters.
�
SECTION 11
�
FEES FOR PROSECU710N LEGAL SERVICES
We propose a fee of $� per hour for all prosecution-related serv�ces,
including attending all court hearings, preparation of formai complaints,
giving legal advice and all other prosecution work requests by the police
department. We will not biii the Cit�for any travel time related to pertorming
prosecution work, inciuding attending court hearings or meetings at the
poi�ce department.
We further propose to subm�t monthty biliing statements to the City
with the same detail we have provided in the past.
�
�
SECTION 72
�
AUDIT/FINANCIAL REP�RT
The financial information requested under this section is confidential
data from our firm's point of view. Since Rosemount's RFP and our
response thereto are matters of public record, we do not believe we can
maintain the confidentiality of our audit/financial information if we include this
material in our response.
If our audi#/financial information can be treated on a confidential basis
by those reviewing the responses to your requests for proposat, we wiH
immediately submit copies of this data to the City. We believe that such data
can be considered as "nonpubiic" under Minn. S#at. §13.37, Subd. 1(b}. if the
•
City concurs, ptease advise our firm so that we may make the appropriate
submission for your review.
�
�
SPECIAL LEGAL PROJECT SERVICES
FOR ROSEMOUNT
SUBMfTTED BY
FLUEGEL MtJYNIHAN & MILES
1303 SOUTH FRONTAGE ROAD, SUITE 5
HASTINGS, MINNESOTA 55033
' {612) 438-9777
CONTACT PERSON: MIKE MILES �
JUNE 17, 1994
•
�
�
AREAS OF FIRM PRACTICE AND GENERAL
SERVICES AVAILABLE �
� -
QUALIFICATIONS OF
FLUEGEL MOYNIHAN & MILES �
SCOPE OF WORK 3
NAME, EXPERIENCE AND QUALIFICATIONS
OF PROP�SED CITY ATTORNEY 4
OTHER PRUFESSIONAL STAFF PROVIDING
CITY ATTORNEY SERVICES �
AVAILABILITY OF FMM PERSONNEL s
•
PREVI4US AND CURRENT EXPERIENCE
IN MUNICIPAL LEGAL SERVICES ,
PREVIOUS AND CURRENT LEGAL ACTIVITIES
FOR ROSEMOUNT 8
POTENTIAL CONFLICTS OF INTEREST �
LEGAL LIBRARY AND RESEARCH
CAPABIUTIES 10
FEES FOR SPECIAL LEGAL SERVICES
11
' • AUDITJFINANCIAL REPORT
12
�OneStep�
INDEX SVSTEM
SECTION 1
�
AREAS OF FlRM PRACTICE
AND
GENERAL SERVICES AVAIt�1BLE
Fluegel Moynihan & Miles (FMM) concentrates its legai practice in the �
following areas:
• MUNICIPAUGOVERNMENTAL LAW - Serving cities and other
governmental units with respect to ali traditional civi! and
criminal matters, as weii as speciai projects.
• ADMINISTRATNE LAW - Assisting ciients in rule making and
contested case matters in such areas as environmentai and
�' commercial regulation.
• REAL ESTATE • Representing municipalities, busin�.ses,
lenders and individuals with their broad-based reai estate needs,
including condemnation.
• BUSINESS CORPORATIONS-Undertaking aii forms of bus9ness
transactions, including business formation and dissolufion,
contract matters, franchise taw and pension and profit sharing.
� CNiI. Lf'TiGAT10N - Participating in various forms of tegal
actions (including arbitration, civil and criminai triais, appeilate
practice, etc.) to meet ci�ent needs.
� ,
• EMP�OYMENT LAW - Dealing with issues such as sexual
• harassmerrt dfsci Ilnary proceedings, empioyment-at-wiil, EEOC
� P
requirements, ADA regulations,' veteran's preference and
PELRA.
• COMPLEX FlMANCIAL TRANSACTIONS - Assisting cilents in
capltai formation, multi-pariy developmen# agreements, etc.
• ECONOMIC DEVELOPMEN'T - Helping individuais and
businesses access state and federal economic development
resourees.
• CREDITORS REMEDIES - A variety of debt collection services.
• ENYIRONMENTI� LAW - Helping Clients understand and deai
with today's compiex environmental requirements.
�
• ESTATE PLANNING/PROBATE - Asslsting individuals in
minimizing estate taxes and maximizing assets conveyed.
• CRIMINAL PROSECl1TiON-Handiing aii prosecut�on matters for
Rosemount and Hastings.
• EMPIOYEE BENEFITS-Structuring and administering employee
benefit programs for a variety of business c{ients.
• FAMILY LAW - Assisting individuals with adoption and related
matters.
• INCOME TAX- Preparing tax returns for individuats, businesses
and estates and trusts.
�
• MED1AfiON - Professionaliy trained to provide med[ation
� services to persons and business organizations.
�
�
SECTION 2
�
QUALIFICATIC)NS OF FLUEGEL MOYNIHAN & MILES
We believe that FMM is uniquely qualified to serve the City's legal
needs by virtue of our extensive governmental law experience, dedication to
Rosemount's needs,proven pertormance and ability to provide speciai legal
services at a very economical rate. The following are brief comments on the
factors that we hope you will consider in assessing our firm's capabilities.
� EXPERIENCE - The four attorneys at FMM have a combined
total of over 70 years' experience in municipal/governmental
iaw. This experience spans state, county and municipai legal
� w rk and enables our firm to work effectively with other
0
branches of Minnesota govemment. in the course of our firm's
work with municipalities and other governmental bodies, we
have gained considerable experience and skiiis in the areas of
personnei/labor law, reai property transactions, compiex
development transactions, major financial undertakings,
government-reiated litigation, contract matters, zoning issues
and City Code interpretation. These areas of practice are
further described in Section 3 of our proposal relating to the
scope of work for legal consuitants for special legal projects.
Additionally,the lawyers possessing these skills and experience
�
are the ones who will be pertorming the City's day-to-day work.
� You will not receive a promotional "pitch° by the firm's senior
lawryers and end up having your work done by associates.
• ECONOMY - Despite the weaith of legai experience which has
been and will continue to be available to Rosemount, our hourly
rates are economical and competitive. Our principai rate of$�
an hour appiies to approximatefy 90%0 of the attorney services
provided to the City (see Section 11 for specifics on fees).
Furthermore, we do not, and will not, charge for travei to and
from the City and our firm. We believe it is our responsibifity to
be "on site" as needed, before charges commence.
The combination of FMM's experience and economicai rates
• rovides the Cit of Rosemount with the best value in legal
P Y
representation.
• RESPONSIVENESS - ft has and wiii continue to be, our practice
to resp�nd immediately to the tega( needs of the City. FMM is
loca#ed 20 minutes from Rosemount Ci#y Hall and, on many
occasions, we have been asked to and haue appeared at City
Hall within 20 minutes after notification.
Every legal question posed or task assigned by the City is very
important and, uniess instructed otherwise, we will respond as
soon as possible.
�
• CUENT STATUS - Every one of our firm's clients is highiy
� valued and is treated with professionalism and respect.
However, every law firm has key clients and,clearly, Rosemount
is one of FMM's primary ciients. As such, the City wili aiways
receive priority treatment and will not be viewed as simply one
of a large stable of clients which must take its piace in line.
• CONTINUIIY - Attorneys in our firm have represented the City
of Rosemount for over three years. Consequentiy, we are
intimately acquainted with Rosemount's officials,staff and many
of its businesses and citizens. We aiso are deeply involved in
many City projects and are familiar with Rosemount's needs,
goais and concerns.
� Thus, if we are given the privilege of continuing to serve
Rosemount's basic city attorney needs, it wiil not be necessary
to "backtrack" for the history of outstanding projects or biii the
City for coming up to speed on its needs and work.
• ROSEMOUNT R40TS - Our acqua�ntance with the Gity is not
limited to our years of representation of it. Two o# our lawyers,
Don Fiuegel and Shawn Moynihan, and our tax accountant, Biii
Keily, were born and raised in Rosemount and stilt have family
in the community. Joanne Varey, one of the paralegals who
pertorms services for the City, has been a Rosemount resident
for 50 years.
�
Consequently, we have an intent not only in professiona!
� matters involving the City, but in community as a whole. We
have, and wili continue to use, our ciose ties with Rosemount to
provide sensitive and circumspect representation.
�
�
SECTION 3
�
SCOPE OF WORK
Fluegel Moynihan and Miles proposes to fulfiii the City of Rosemount's
needs for legal consultants for special legal projects in aU areas except
serving as bond counsel. A list of areas in which we have provided "speciai°
legal services and examples of such services are listed below.
1. PERSONNEL.JLABOR LAW SERVICES - Several members of our
firm have extensive experience in handiing a variety of
personnel and labor issues. For exampie, Mike Miles
represented the State Department of Personnei (now the
Department of Employee Refations) when he served with the
� Attorney GeneraPs Office. In that capacity, he handled
disciplinary actions, collective bargaining issues and rule
making activities regarding the 30,000-pius state employees for
which the Department of Personnel was responsible.
Shawn Moynihan guided the City of Hastings through the
difficult process ofi terminating and reptacing its chief staff
person. He has assisted Hastings through Veteran's preference
hearings and in employer termination proceedings. Mike,
Shawn and Don Fluegel have handted many discipfinary matters
for municipal and business clients. Finally, Mike prepared the
City of Rosemount's sexual harassment policy and trained City
�
staff in its application. He has also provided such services to
� our firm's business cor oration ciients.
P
2. REAL PROPERTY MA7TERS - Don, Shawn and Mike have all
participated in condemnation proceedings, purchase and sale
of various tracts of land for municipai clients, assessment
hearings and other property-related tasks. Shawn is currentiy
in the process of establishing a township road for Ravenna
Township, a compiex process which invoives approximatety 70
different parcels of land. He aiso assisted the City of Hastings
in nego#iating the purchase and refurbishment of the old Dakota
County Courthouse for purposes of serving as the` City of
Hastings City HaIL Don, Shawn and Mike have aiso each
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participated in development transactions for shopping centers
in municipalities. Most recently, Mike has assisted the
Rosemount Port Authority in acquiring the Business Park.
3. COMPLDC DEVELOPMENT TRANSACTlONS - in a related vein
to reat property matters, Don, Shawn and Mike ,have provided
legai assistance to municipal and other governmen#ai clients
regarding compiex residential and commerciai reai estate
developments. For exampie, Don pertormed legal services
necessary for `the negotiation and constructian of the
hydroelectric plant in Hastings, Minnesota. Mike represented
the State of Minnesota in all necessary negotiations and other
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tegai responsibitities with respect to the State's purchase of land
� and facilities for Metropolitan State University.
4. MAJOR FINANCWL UNDERTAKlNGS - Members of FMM have
participated in the significant financial undertakings of the
municipalities we represent. Additionally, we have assisted
other governmental entities in such pro]ec#s as preparation and
completion of approximately 25 general obtigation bond issues,
legal oversight on pension fund investments and streamiining
public purchasing processes.
5. LITIGATION - Our firm has represented public bodies in pubiic
bidding disputes, buiiding code enforcement, empioyee
disciplinary matters, pension and investment litigation, breach
� of contract actions, environmental issues and a variety of other
disputes.
6. CONTRACTS- Don,Shawn and Mike have extensive experience
in negotiating and drafting compticated contracts regarding a
variety of issues. For exampie, Mike drafted standard
consulting and electronic data processing contracts for the
State of Minnesota,which are stiii in use by tha#entity. Our firm
has aiso commenced the process of standardizing the City of
Rosemount's contracts in various areas.
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SECTIQN 4
�
NAME, EXPERIENCE AND QUALlFICATIONS
C3F PR4POSED CITY ATT�RNEY
FMM proposes that Mike Miles continue to serve in his role as city
attorney for provision of generai (egal services in Rosemount. Mike's
resume is included within #his section for your review and a brief discussion
of his quafifications and experience is as foiiows:
LEGAL BACKGROUND
Mike has practiced law in Minnesota for over 24 years. Virtually his
� entire legal career has involved significant representation of state or local
governmer�tai ciients. He sperrt 17 1/2 years with the Minnesota Attomey
Generai's Office, managing the division which represents the "municipat°
(business) part of state government, and over three years with the Greater
Minnesota Corporation, as its Chief Operating Officer and General CounseL
Mike has spent almost the last#hree years in private practice with a focus on
the City of Rosemount's legaf needs, as well as assisting in the
representation of other municipal ciients oY FMM.
�
SPECIFlC GOVERNMENT RELATED IXPERIENCE
�
• Began performing legal servlces for the City ot Rosemount in
August of 1991 and has served as the cit�r attorney for provision
of general Iegai services to Rosemount from January`1992 to
the present. As such, he has undertaken virtuaily aN different
types of legal projects for the City, with the exception of serving
as the City's bond counsel.
• As a member of the Attorney Generai's Office, assisted
municipalities wlth specific projects 4i.e., helped the City of
Fergus Falis, Minnesota, obtain financing and execute contracts
r�arding one of Minnesota's first cogeneratlon incinerator
� facitities .
)
• Provided legai opinions on a wide range of subjects to
municipalities throughout Minnesota.
• Assisted municipalities and businesses in seeking economic
development financiai assistance from the State of Minnesota
and federal government.
• Compietely revised the Zoning Code for the Architecturat and
Planning Board, which is the state body responsibie for zoning
matters in the capital area.
�
� Represented the State Department of Empioyee Relations {the
� State's Personnel Department) with respect to ati forms of labor
matters, including personnel policy, labor negotlations and
discipli�ary aPPeals and litigation.
• Developed standardized contracts for many state agencies,
inctuding agreements for the purchase of eFectronic data
processing equipment and consulting contracts.
• Represented the State of Minnesota in approximately 50
different lawsuits/contested cases involving such diverse
matters as public bidding disputes, building code enforcement,
employee disciplinary matters,pension and investment litigation
and environmental matters.
•
• Represented the State Department of Finance for 14 years and,
in that capacity, assisted in 25 general obligation and revenue
bond issues.
•
� J. MIC'HAEL NIILES
409 Tessier Circle
Vadnais Heights,Minnesota 55127
Telephone: (612)429-4969
AREAS OF CONCENTRATION AND LEGAL ACTIVITIES
CML LTTIGATION:
•'• S�rved as chief counsel on numemus significant business titigation matters for major corporate clients.
.
•S Bxtended practice in workplace harassment matters.
❖ Experience in Minnesota District Courts,Court of Appeals and Supreme Court.
ADMI1vISTRATTVE LAW:
❖ Participated in numemus rulemaking and contested case pmceedin8s over a period of 17 years,
including the Minneapolis and St.Paul cable television fianchise disput�. �
. and staff-related contested case
❖ Represented the Office af Administrative Hearings in its rulemaking
• proceedings for seven years.
�'• Chaired seven continuing legal education courses on administrative law and,lecfiured on rulemaicing and
• contested cases at the University of Minnesota,William Mitchell and Hamline law schools.
•'• Chaired the Attorney General's Administrative Law Committ�et fi�am its inception and served as d�
• Attorney General's administrative law liaison ta the Min�sota legisiature.
PUBLIG FINANCE:
•'• Served as chief counsel to the State Departments of Administration,and Finance and the State Board of
.
Investment for over 13 years.
•`.• Assisted in the preparation and sale of approximately 25 state generai obiigation bond issues.
❖ Originated the State of Minnesota's use of third party teaseJpurcliase financing and concluded in excess
of lOQ such transactions.
•'r Reviewed potential investments of the State Board of Investment and negotiated and prepazed
investment documents for the Board with banks,financial consultants and equity and bond managets.
❖ Appeared before the Securities Exchange Commission regarding rulemaking and proxy matters on
behalf of the State Baard of Investment.
� ❖ Deveioped a loan program for the state Rural Finance Authority regarding a combination of revenue and
general obligatian bonds to fund agricultural loan restructurings.
J.MICHAEL MILES Page Two ',
� CONTRACTS/PUBLIC PURCHASING:
•S Served as the Attorney General's primaiy attomey on contract and public purchasing issues.
•3 Litigated numerous contractJpublic purchasing disputes.
•3 Lectured at several continuing legal edueatian programs on publie purchasing and made numerous
purchasing law presentations to municigalities and school districts.
❖ Developed standardized electronic data processing and consulting contracts for the Statc of Minnesota.
❖ Provided all legal services to the Minnesota Supreme Court in acquiring its judicial caseload data
' pmcessing system and assisted the Court in selling its soflware to Honeywell. Inc..
SMALL BUSINESS DEVELOPMENT:
❖ Counseled several hundred smalt and medium sized businesses regarding access to technology and
securing business financing.
❖ Chaired continuing legal education course on economic development resources for Minnesota
businesses.
❖ Served on the Board of Minnesota Pmject Innovation(1988-1990),a non}nofit corporation assisting
small businesses in obtaining federal innovation and researeh grants.
• •'• Served on the Agricultural and Economic Development Boazd of the State Degartment af Trade and
• Economic Development(1988-1991),which provided revenue bonds for capital improvemeat loans to
Minnesota businesses.
WORK HISTORY
1992 to Presen�Principal in the law firm of Fluegel,Moynihan and Miles,with grimary emphasis on;civil
litigation,municipal law and general business law.(This firm was created after my former firm split into two
law firms).
1991 -1992:Attorney in the law ftrm af Hertags,Fluegel,Sieben,Polk,Jones and LeVerdiere,pracdcing in
the areas of civil litigation,municipal and business law. �
1987- 1991:Chief operating offcer and general counsel to the Greater Minnesota Corporation,a public
corporation designed to promote the creation and adoption of technology by Minnesota businesses.
Funcuons included pmviding legal services,managing a staff of 20 and serving as chief executive officer
of the corparation during a search for a new president
1970 - i 987:Assistant Attorney General who has provided Iegal services to a wide array of clients includ-
ing: the Govemor,Lieutenant Governor,Secretary of State,State Treasurer,State Auditor,Attorney
General,Minnesota Supreme Court,Court of Appeals,Racing Commissian,Cable Communications
Board,Ethical Practices Board,Executive Council and other agencies previously noted.Facecutive func-
� tions included:managing an ot�ice of six attorncys,serving on the executive committee of one attorney
general and chairing various office committees.
J. MICHAEL MILES P��e Three
• APP4INTED POSITIONS HELD
Chair,Attorney General's Administrative Law Committee.
Board of Trustees,Minnesata Institute of Legal Education.
Board of Directors,Agricultural and Economic Development Board. �
Board of Directors,Minnesota Project Innovadon. !
Member,Ameriean Bar Assoeiation Task Force on the Model Procurement Ac�
Minnesota Administrative Procedure Act Revisions. '
Legislative Task Force on . .
Board of Directors,Minnesota Citiuns Council on Crime and Justice.
Board of Trustees,Friends of the S�Paul Public L�rary.
Board of Directors,Roseville Area Schools Booster Club.
ADMITTED TO PRACTICE �
Minnesota Supreme Court(19�0) �
Iawa Supreme Court(1970)
United States District Court,District of Minnesota(1970)
United States Court of Appeals,D.C. Circuit(1984)
EDUCATION
University of Iowa School of Law-J.D., 1970
Iuwa State University -B.S.,English& Speech, 19G6
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SECTtON 5
� •
�THER PROFESSIONAL STAFF
PROVIQING CITY ATTORNEY SERVICES
ADDITIONAL ATTORNEY SUPPORT
in the event that Mike Miles is not immediately available to handie legal
issues as required by the City, two other attorneys may be contacted to
provide such services on behaif of FMM. These individuais are Shawn
Moynihan, who is currently the prosecuting attorney for the City of
Rosemount and Hastings City Attorney and Don Fiuegel, President of the
FMM firm. Brief biographies of Shawn and Don are included in this section.
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OTHER PROFESSIONAL STAFF
Where appropriate, our firm utilizes paragiegais to pertorm iegal tasks
in order to minimize the cost to our ciients. Two paralegals, Joanne Varey
and Stephanie Rogness, have worked on various Rosemount projects and
we wouid propose that they continue to do so. Brief resumes for both
Joanne and Stephanie are included in this section.
�
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SHAWN MOYNIHAN
PROPOSED SERVICES
Lead attorney on prosecutorial matters; backup on other municipai
matters for Rosemount.
EDUCATION
William Mitcheli College of Law - J.D., 1982
University of Minnesota - B.A., Psychology, 1977
Rosemount High School, 1972
BRIEF BIOGRAPHY
Shawn has spent virtuaily his whole legal career providing iegai
services to the City of Hastings and other municipai clients of the firm,
as weli as pursuing a general practice. He is a native of the
iRosemount Area and,for the past 115 years, his famiiy has farmed the
family farm in Rosemount.
RELEVQNT EXPERIENCE
� In the past 12 years, has pertormed civii and prosecutorial work
as the Assistant and now, City Attorney for the City of Hastings.
• Pertormed aii of the City of Rosemount's prosecution work
since May 1991.
RECENT MUMICIPAL WORK
Approximately 70%of Shawn's time has been spent on municipal work
in the past 10 years.
AVAILABILiTY/CURRENT RESPONSIBILIT1ES
Shawn, in conjunction with the attorneys proposed to assist him, wiii
continue to be available to etfectively handte ail of the Gity of
Rosemount's prosecutorial rnatters.
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QONALD FLUEGEL
PROPOSED SERVICES
Generat project oversight.
EDUCAl10N
Georgetown University Law Center - J.D., 1962
Coilege of St. Thomas - B.A., Accounting, 1959
BRIEF BtOGRAPHY
Don started practicing law in 1962 and currentiy serves as President
of FMM. As �oted below, he has extensive municipai, civii and
prosecutorial experience. Additionaily, he concentrates in the areas
of business law, estate planning and estate and trust administration.
Don aiso is a successful businessperson and thus, is acutely aware of
� the need for mutuai consideratton and interaction between
municipalities and #he business within them.
RELEVANT EXPERIENCE
• Hastings City Attorney for 25 years, pertorming both its civit and
prosecutoriai tegai duties.
• Assistant Dakota County Attorney for 5 years pertarming
prosecutorial work.
• Currently advises Cities of Hastings and Rosemount on major
municipal matters on request.
RECENT MUNICIPAL WORK
Approximately ten percent of Don's time has been spent on municipai
work in the past five years.
�
JOANNE A. VAREY
12920 Biscayne Avenue
. Rosemount, Minnesota 55068
EDUCATION:
Graduated from Rosemount High School
Attended University of Minnesota for 2 years
BRIEF BIOGRAPHY:
- Resident of Rosemount for the majority of my life.
- Active in St. Joseph's Catholic Church particularly
in the choir.
- Active for many years in the Dakota County
'Association for the Mentally Retarded.
- One of the founders of Dakota's Children, Inc. a
provider of residential services for the mentally
retarded.
EMPLOYMENT HISTORY:
1984 to Present - employed by Fluegel, Moynihan & Miles,
P.A. and its predecessor, Hertogs, Fluegel, Sieben, Polk,
Jones & LaVerdiere, P.A. , Hastings, Minnesota. Primary
responsibility is real estate work of all kinds . Also
• occasional trust accounting and fiduciary income tax
returns .
1969 to 1984 - employed by McMenomy, Hertogs & Fluegel,
P.A.in the Rosemount office. The firm split and I
continued employment in Rosemount at McMenomy, Sheldon,
Dusich & Hansen, P.A. until I left to work for ponald J.
Fluegel in Hastings, Minnesota. My primary responsi-
bilities included Probate and Rea1 Estate work and also
included setting up and keeping ali payroll and
accounting recards for the office and profit
sharing plan and trust.
RELEVANT EXPERIENCE:
Worked on the purchase and subsequent sale of 22 miles of
abandoned railroad right of way. Developed the legal
descriptions, organized and prepared the necessary ;
documents to complete the sales and served as liaison
between the association, the purchasers, and Dakota and
Scott County Auditars' Offices in the establishment of
110 separate tax parcels .
Worked on coordination of the information, easements,
deeds and other various items needed from 22 separate
� land owners and the City of Rosemount to ultimately plat
White Lake Acres .
Worked on coordinating the abstract eontinuation for 70
parcels of land in 17 counties and 2 states and
� examination of the titles, filing of mortgages and other
documents necessary to ' complete the financing project.
Completed various Title Registration Proceedings and
Quiet Title Actions .
Currently working on the Township takeover of roadways
which were private roads . 76 separate parcels involved
and my responsibilities include coordinating the Service
on the parties, mailing and receiving the easements,
consents from the lenders, providing the lead attorney
with detail necessary to complete �he assessment rolls
and any other necessary details needed to keep the
project flowing smoothly.
•
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STBPHANIB K. ROGNESS
� Education:
Graduate of White Bear Lake Senior High
Winona State University, B.S . in Paralegal Studies, 1987
Brief Bioqraphy:
Resident of Vermillion since November 1987
Former Treasurer and Member of Winona State University
Paralegal Association
Employment History:
November 1986 to Present - Employed as Legal Assistant
' with FLUEGEL MOYNIHAN & MILES, P.A. and its predecesso=
Hertogs, Fluegel, Sieben, Polk, Jones & LaVerdiere, P.A. ,
Hastings, Minnesota. Primary responsibility has been
civil litigation, and assist senior attorney and legal
assistant in corporate and pension administration areas .
January 1978 through August 1984 � Legal SecretarylWord
Processing Specialist at Hessian, McRasy & Soderberg,
P.A. , Minneapolis, MN. Primary responsibilities included
� preparation of civil litigation documents : pleadings,
di5covery documents, motions, and briefs; corporate
minutes and resolutions; estate planning (wills and
trusts ) ; business law documents (security agreements,
mortgages, partnership agreements, etc. ) ; and pension
administration (profit sharing plans and trusts) - for
review by attorneys .
Relevant Experience:
Assist civil litigation attorney in representation of
either plaintiffs and defendants with greparation of
discovery documents (interrogatories and requests fo=
production of documents, and scheduling depositions) , and
docketing cases on calendar.
Assist City Attorney in gathering pertinent data from
various outside agencies, prepare criminal formal
complaints for review by prosecutor.
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SECTION G
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AVAILABILITY t3F FMM PERSONNEL
As discussed in Section 2 of this proposai, we view the City of
Rosemount as a premiere client of our firm. Consequentiy, the personnet
described in Sections 4 and 5 of this proposal wiN be available on a priority
basis to meet the needs of the City of Rosemount.
Additionally, since City officiais must often work lengthy and unusuai
hours, our attorneys are availabie to you on a 24hour a day basis.
We believe that pertormance is a better indfcator of our availability
than simpiy promises. We would ask the City to review our performance in
� terms of availability In order to judge our commitmerrt.
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SECTION 7
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PRE1ilOUS AND CURRENT EXPERIENCE
IN MUNICIPAL LEGAL SERVICES
HASTINGS, MINNESOTA
Members of our firm have provided legai services to the City of
Hastings for the past 32 years. Currentty, Shawn Moynihan provides
comprehensive civii and prosecutoriat city attorney services to Hastings. In
this capacity, Shawn provides all legal services needed by the City, except
for certain labor negotiations and bond issuance work.
City of Hastings Contact Person:
• David M. Osberg
Hastings Gity Hail
101 East Fourth Street
Hastings, MN 55033
(612) 437-4127 :
Aithough they are not considered municipalities, Shawn also
represents Vermillion Township and Stanton Township and has undertaken
a complex real estate matter for Ravenna Townsh�p. Shawn has aiso
provided legal services to the Housing and Redevelopment Authority for the
City of Hastings.
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SECTION 8
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PREVIOUS AND CURRENT
LEGAL ACTIVITiES FOR ROSEMOUNT
Members of FMM have provlded legal services to the City of
Rosemount since the spring of 1991. This work has inciuded the bulk of ali
civil legal needs of the City pius ali prosecutorial activities. In addition to
pertorming the services described in Section 2 of the Rosemount RFP and
our firm's response thereto, several of the specific projects we have been
involved with include:
• Assisting the City in formation of the Rosemount Port Authority
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by preparation of necessary resolutions, bylaws, etc.
• Developing a Code of Eth�cs for the City appiicabie to aN
Rosemount municipai officials.
• Developing the City's first sexual harassment sensitivity policy
and provided training to City officials and staff.
• Assisting the City in acquiring the property for the Rosemount
Business Park.
• Revising the City's basic development agreement and
standardizing other municipal documents.
• ,
SECTION 9
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POTENTIAL CONFLICTS C?F INTEREST
FMM does not have any significant conflicts of interest for two distinct
reasons:
� Our firm does not represent any City or other public body which
is contiguous to the City of Rosemount. This allows us to
always put Rosemount first in the event of any dispute with a
contiguous municipality or township and avoitls the probiem of
divided loyaity.
� Our firm has intentionally chosen not to represent businesses,
• developers, etc.,with which#he City of Rosemount has frequent
dealings. Again, this avoids any potentiaf conflict of interest
between the interests of Rosemoun# and other parties.
The only potential conflict arises from the fact that one paralegal in our
firm resides in Rosemount and severa! ather members of the firm have
relatives living in the City. Thus, in the unlikely event that a significant
dispute arises between the City and a Rosemount resident who is a rnember
of or related to a member of our firm, we coutd not participate in sueh
matters.
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SECTION 10
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LEGAL LJBRARY AND RESEARCH CAPABIUIIES
The FMM law library contains a number of resources which assist us
in representing Rosemount and other municipalit�es on a day-to-day basis.
Our firm is aiso located within five minutes of the Dakota County Law Library,
which we rety on for major research projects and computer access. A list of
our firm's iaw library resources and those we access at the Dakota County
Law Library are included in this section.
•
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LAW FIRM'S LIBRARY RESOURCB LIST
�
Statutes
- Minnesota Statutes Annotated
- Minnesota Statutes
- Minnesota Session Law Service
Case ReAorters
- Minnesota Reporter
Diq,est
- Minnesota Digest, Second Edition
Citations
- Minnesota Citations
• 4ther Resources
- Mc Quillin, "The Law of Municipal Corporations" , Third Edition
- The Bureau of National Affairs, Inc. , "Americans with
Disabilities Act Manual"
- Jamnik, Joel. "Handbook for Minnesota Cities" , Sixth Edition.
League of Minnesota Cities, St. Paul, MN 1993 .
- League of Minnesota Cities, "Update for City Attorneys" ,
- Minnesota Rules
- Modern Real Estate and Mortgage Forms, Arnold, Rusnet
.
DAROTA COUNTY LAW LIBRARY
� - located within five minutes of the Law Firm.
Services Available
- collection is fully catalogued, both by card index and by
computer through PALS
- WESTLAW searches
Six publications on CD-ROM which are searchable at no charge:
- United States Code Annotated
- Minnesota Statute5 Annotated
- Minnesota Reporter
- Law on disc - Minnesota cases : 1898 forward
- Wright & Miller, Federal Practice and Procedure
- Wisconsin Statutes
� Computer Access: two public access terminals; connected
to local network; CD-ROM drive; Westlaw search (using own
password)
- Attorney service center: telephone courtesy, typewriter,
personal computer with Word Perfect; 5 business day loan
. of materials
- Document delivery by fax
- Photocopy self-service
- Online searches of State Law Library and Law School
collections
- Telephone re€erence service
Library Collection
Currently 8, 000 volumes: Federal, Regivnal, Minnesota
materials (Statutes, case reporters, treatises, citators)
Other Resources, include, but not limited, to:
- Dunnell' s Minnesota Digest
- Wright' s Federal Practice
- Minnesota Practice
- Minnesota Civil Practice
- Jones On Evidence
- La Fave Search & Seizure
- Minnesota Title Standards
• _ Nichols on Eminent Domain
Minnesota Crimes and Defenses
- Minnesota Moving Violations and Misderneanors
- Hamline Law Review
� _ Minnesota Law Review
William Mitchell Law Review
Comprehensive City and Township Codes of communities located
within Dakota County, including: Apple Valley, Burnsville,
Eagan, Eureka Township, Farmington, Hastings, Lakeville,
Ravenna Township, Rosemount, Vermillion, West St. Paul
•
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SECTION 11
�
FEES FOR SPECIAL LEGAL SERVICES
As compensation for provision of generai legai services as city
attorney, FMM proposes essentially the same fiee arrangement we currentty
have with the City of Rosemount. That fee structure provides as follows
1. A fiat houriy rate of $90.00 per hour for ati day-to-day general
legai services provided to the City. Based upon our time
records regarding work performed for the City, the $90.00 fee
wouid appiy to approximately 90% af the generai legai services
pertormed to the City.
� 2. $125.00 per hour for titigation engaged in on behaff of the City
of Rosemount.
3. $125.00 per hour for complex development projects. This fee
would oniy apply under two specific conditions: (a) in
circumstances where the developer is reimbursing the City for
the City's legal fees; and (b} only with the expticit approval of
the City.
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SECTICIN 12
�
AUDITJFINANCIAL REP4RT
The financial information requested under this section is confidentiai
data from our firm's point of view. Since Rosemount's RFP and our
response thereto are matters of `public record, we do not believe we can
maintain the confidentiality of our audit/financial information if we inciude this
material in our response.
if our audit/financial information can be treated on a confidential basis
by those reviewing the responses to your requests for proposal, we wiU
immediately submit copies of this data to the City. We believe that such data
� can be considered as "nonpublic" under Minn. Stat. §13.37, Subd. 1(b). if the
City concurs, please advise our firm so that we may make the appropriate
submission for your review.
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� o osal Pre ared for
A Leg�l Servues Pr p p
The City of Rosemount, Min�esota
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Specisi Legal Services
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BRIGGS AND MORGAN
� . - � . .. . PRO►t5510NAL ASSOCUTO� . . � � �. .
� � � � . - . �. . _ � - .. ., � . . .. . , . .
` 2�00 FtRST NATIONAI. BANK BUILDING . `
� � � � � � ST. �Av1.,�MN 55�Oi � �, � � �
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2400:IDS CENTF.R
MINNF.APOLIS, MN 55402
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` CONTACTt NEAL BUETHE
� (612) .223-6558
� : : ` JuN�, 1994
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� Consultant Profile
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A. Municipel Law Expertise
� 1GGs AND MoRGAN'S areas of c ertise include all legal services required by a
BR XP
, � suburban municipality. Our attorneys have extensive expertise in providing legal
representation to ]ocal governments and public agencies in such areas as general municipai
� develo ment munici al finance, contracting, real estat� and land use, '
law, real estate p , P .
� litigation,and municipal code drafti�g and enforcemenl. VVe are currently City Attorney for „
the City of Mahtomedi, where for over 15 years we have provided full legal services to a
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growing suburb, includin� defending all legal actions brought again�t the City by property .
� developers; attending all City Counci} meetings; assistance in a full range of improvement
: projects and routine.daily:services such'as the drafting of ordinances, contracts and a11 other
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legal issues. We have also served as separate counseT to other municipalities wh�n; for
� exam le,current counsel's conflicts of interest arise,BRIGGS AND MORGAN provides special
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expertise. In this capacity,we fiave litigated employment'issues, advised on ardinances and
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provided all legal services for complieated development projects, including all `phases of
� mnnici a} finance -- from eneral obli ations to tax increment"financing.
p g g
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B. . Ge,nersl Firm Qualifications ta Serve the Citv af Rosemount
� BRIGGS AND MORGAN acts as bond counsel and special eounsel to many
� metropolitan and Greater Minnesota cities and public bodies, including the City of Saint
Paul and its development agencies, the eities of Oakdale, ;Ramsey Counry, Woadbury,
� s 'lle a lewood New Bri htan, White Bear Lake, White Bear Tov►mship, Vadnais
Ro ev� , 1VI P � 8
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� ' t 'n efficientl creatin documents and
state-c�f-the-art-com�uters and saftware to ass�s � y �
� managing cases,
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H. Fees
� BRIGGS AND MoRG�►N is flexible regarding fee` arrangements to accommodate a
client's needs and is particularly sensitive to the budget constraints of public clients. If the
�
City decides it wants BRIGGS AND MORGAN as its}aw firm, we are confident a satisfactory
� and fair fee arrangement can be negotiated. We can, if desired, prepare monthly billing
statements that will reflect:
� . ,
• date of service ;
� -
• staff praviding service
� . : • time spern in pro�ydin� service
• description of service .
� '
• fee for time
• an analysis for general corporate work by de:partment, type of
�
` : service and project
� the as the Ci 's rima la er,will meet with the City at the autset of the
Neal Bve , h' P rY `"'3' _
� relationship to arrang� a satisfactary fee arrang�ment. We regularly prm►ide cost estimates ,
to clients prior io beginning work on a project and will not: exceed the estimate without
� val. Our raexice is to be ve flexible and.bill b�tow normal ho�rly rates for
cl�ent appro P n'
� � prosecutian s�rvices. � � �� � � � � �
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7
� 1
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I. . Saecific Compensation uestions
� Name of attorney: Neal T. Buethe
Hourly rate: $95 for general legal services
Minimum increment of time billed: .1 hour
� s L. BFa
Name of �ttorney: Thoma Y
Hourly rate: �95 for general legal services
� Minimum increment of time billed: , .1 hour
Name of paralegal: Deb Post
� Hourly rate: $60 `
Minimum increment of time billed:_ .l hour ,
� Hourly rates are open to negotiation for litigated matters.
Other costs and reimbursements:
� :
Long distance phone calls
Photocopying ]5�/page (negotiahle} .
� , Trave] (negotiable)
Rate for counsel meeting attendance $95/hour (negotiable) '.
�
�
692339
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8
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B�uccs �va Mo���v ,
ADMIN�STRATION
(i �AR.t�OF DIRECTORS STANDING COMIv1ITT
Andnea M.Bad Ttamas A. [.arsoir �ES
R Scou D�vies Alan N. Maclin �
lal N, Goctesman Aidrew G Selden '
R Am Huntrads Michael H.Streater Delinqueat Accounts Rccrui •
�� IIA�/
Esccutivc Dit+ator Eiecutive Committa Summer
J.Riy P:Papovich G.
R.Grcg°ry' ` R Scoot Davies,Presuleru �B�
A.IN�c�n,Yece-Prefide»t
M.Ft«u w a�, rr.�
Busir�Devdopment R.Ann Huntrods,Secrrrary M,Gnmcs ' �,1,�� ��
G.Brust Jocl H. P�
Go�n,TreasWrer M.Mc� J �« G �
n.l.eboao�ff 9.w�ga
Raci�ities Mana�ep�nt
1:Reiss
Employee Bene6ts PAC Stratcgic Pla�
F'wa�cial Msaa�meot M,Duckin 7 Mux T.payk
M_Elvr�um N.�uahe L.Bo:s M.pyruxh
.
D.Groaung J.Gitns M1.G�lvin
Hunun Rtsowcat S.Ki►udsaa Ml.Culvin M.tulilla
E.Dnsw C.NesuoB� D.McD�oa�ld A:Saldon
Intorma4on Servica ` --
D.Muntan ' lnsunnalLe�al Pr�tdia Committa raiaing/Ev
.
M:F
� .
P.McDavut D. Wuhtkr
Mnnnagement Ynfornution Systems ` ��� R.S.Drvia Ke�vu,gesg ;
W. Yim�oska P.Mc[bviu T,peryk M,purkin
1.Neisan A.Huoo�ads p.Fcxsbccg
Par�kga�.awyer Ranuting 1.0'I� T.Lu�an T�lye
� S.Hwne � a � � �� � � �
Le:Mundi ` `Pro Bono
,
S.Hanson : S.Scogga,u
R. VVuods `D.Cok I
M.Savage K DiGiocno
�.� . 1.Kencfick i
.
J Raw��n �
, r
�' i� � � ��� < �_ � � � �: �� � �� � � � � �� ��
�" � � � y� � �� �� � � �� � �
r�.� w..u� � h,r,M■r � ,e.,r,�, ,,,,�,, � �; � �� — �� —
�'� ��w!' ",r,�s
� :
�
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�
� e ared for
A L.egal Serv�ces Proposal Pr p
� _ :
The City of Rosemount, Min�esota
Specisl Legal Services
�
�
BRIGGS AND MORGAN °
� Pnq►�ss�o,�u.Assocuno.
2Z00 FIRST NATIONAI. BANK BUILDIN�
� � S'r.��PAVL;�MN �-SS10i � � �
��
2400 1DS CENTF.R`
� MINNEAPOLIS, MN 55402
CONTACT: NEAL'BUETHE ,
� (612) 223-6558
_ : : JutvE, 1994
�
�
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.�
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' �-
�, TABLE OF CON�NTS
tinn ; a�e., ;
� -
AbOutBR1GGSAND MORGAN . . . . . : . . . . . . . . : : . . . . . . . . : . . . . . . . . . � : l
�
Introdt�ction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . _
l
� General Information . . . . . . . . . • . . . . , �
Consultant Profile , ,
. . . . . . . . .
. : . II 2
�
A. Municipal Law Expertise . . : . . . . : . . . . . . . . . . . . . . . . . . . . . : . . . . . 2
�� � $. _ �eneral Firm Qualifications tfl Serve � � � � � �
. 2
the Ciry �f Rosem�unt • � •
� . . . . . . . . . . . 5
C. F�rm Sco�e of W�rk . , . . . . . . . . . . . . . . . . . . . . . . . . .
� D. Qualifications of BRIGGS AND MORGAN•Attorneys
Directly Responsib,le to the City . . . . . . . . . . . . . . . . . 5
E. Previous or Current Activities Performed
�� � � �
for the City of Rosemount . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . : . 6
� F. Conflicts of Interest . . . . . . . �
G. Legal LibTary and Research Capabilities . . . . . . . . . r . . . . . . . . . . . . : . 6
� �� � � � � � � . . . . �. �� � � 7 �
H. Fees . . • • . . . . .
� I. Specific CompensaUon Questions . • • �
. . . . . . . . . . . . . . . . . . . . . . . . . . . . : .
Attarhments .
, . . . . .'. . III.
� .
Attachment A - Organizational Chart
� � Attachment B .
.
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� Consultant Profile
�
A. Municipal Law aertise
� D MQRGAN'S areas of e ertise include all legal services required by a
BRIGGS AN �
� suburban municipality. Our attorneys have e�tensive expertise in providing legal
representation to local governments and public agencies in such areas as general municipal
� .
law, real estate developrnent, municipal finance, contracting, `real'estate and land use,
� titigation, and municipal code drafti�g and enforcement. We are currently City Attorney.for
the City of l�ahtomedi, where for over 13 years we have provided full legal services to a
�
grawing s�burb, includin� defending all legal.actions brought against the City by properry
� ` developers; attending all City Council meetings; assistance in a full range of improvement
projects and routine daily services such as the drafting of ordinances, contracts and all other
� ,
legal issues. We have also served as separate counsel to other municipalities when, for
� exam le,currEnt counsel's conflicts of interest arise,BRIGGS AND MORGAN provides special
. P
� �
expertise, In this capacity,we have litigated employment issues, advi�ed on ordinances,and
�'
provided all legal services for complicated development projects, including aU phases of
� rnunicipa} finance -- fram general obligation� to tax increment financing.
�
B. General Firm Quatifications to Serve t}►e Citv of Rosemount
`� as bond counsel and s cial counse} to many
� BRIGGS AND MORGAN acts Pe
� metropolitan and Greater Minnesota cities ar�d public bodies, including the City of Saint
_
" Paul and its development agencies, the eities of Oak�ale, Ramsey County, Waodbury,
i � oseville 1V�a lewood New Bri hton, White Bear Lake, White Bear Tc�wnship, Vadnais
� R , P � $
i �
2
� � � � � � , � � �
�
� C. Firrn Scope of V1�ork :
The Firm has an ongoing municipal law practice, and will be able to successfully
�- ,.
undertake the City's 1ega1;actions and needs.
� D. Qualifications of BRIGGS AND MORGAN Attornevs Dir�cttv Resoo�sible to t6e Citv
Nesl T. Buethe. Neal will serve as the BRIGGS AND MO�GAN client coordinator for
� :
ihe City of Rosernount. He spec�alizes in municipal law, administrative }aw, and
� em lo ent liti atior�. He has been the Mahtomedi City Attomey for the past four years
P Ym g
and previously spent two years as the City's prosecuting attosney. Neal has provided special
�
counsel in other municipalities and has represented public employers and employees in
� e received his bachelor's de ree from the College of St. Thomas
em�loyment l�t�gation. H g
� and h'ts master's degree and law degree from the University of Notre Dame, where he was
a member of the editorial board for the Notre Dame Law Review. He is a former law clerk
� :
to the Minnesota Supretne Court. Neal authored a chapter entitled "Covenants Not to
� Compete in the Sale of a Business" published in Business Torts in March 1989 and has been
an adjunct instructor at the University o� Minnesota Law SchooL
� . _
� Thon�as L. Bray. Tom is a tnember of the Real Estate Section at BRIGGS AND
MoRGAIv. He currently serves as the Assistant City Attorney for the City of Mahtomedi
�
where he attends council meetings and advises the council and �taff in a variety of areas,
� includin develo ment and real estate issues. Tom is an honors graduate of the Universiry
g p _
of Minnesota Law School, where he was associate articles cditor of the Minnesoto Lax�
� .
Review and was elected to Order of the Goif. 'Fom also received his undergraduate degree
� e Universi of Minnesota.
from th ty
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In addition to`Neal Buethe and Tom Bray, the �ity wil! have the service €�f BRIGGS
AND MQRGAN's experts in Real Estate, Municipal Finance, Litigation, Labor and
�
Employment, and our fifteen other Practice Areas'. Because we provide a broad range of
� - :
services to business,ind�vidual, and g�vernmental clients, our attorneys have the e�cperience
� ` the City af Rosemount will need and our attorneys are ready and avai}able at the client's
con�enience,
�
� E. Previt�ns or Current Activities Perf'ormed for the CitY of Rosemaunt
See Attachment B for a representative list of bond activities perfarmed for the eity
�
of Rosemount in 1993 and 1994;by BR1GGs ,�1vD MORGAN.
� .
� : F. Conflicts of Interest
We are aware of no conflicts of interest that would prevent;BRiGGs alvD Mt)RGtW
� : `
from providing full and a�gressiwe legal representation to the Ciry. The Firm services a
� bond and special counsel to the Metropolitan Council, but .this should.not present any
conflici of interest. The Firm does represent some real estate developers but that is not a
� ou ractice. Since we serve as bond counsel to so man muniei alities,
ma�or portion of t p Y P
� including Twin Cities Suburbs, we most often represent cities in their dealings vvith
developers.
� ,
� G. �a1 Library and Resesrch C$pebilities
Legal Library and Research Capabilities: BRIGGS,AND MORGAN'S resources include
� a com rehensive law`libra ` as well as several com uter•based research systems which pro-
p rY P
� vide access to databases in public and private lit�raries throughout the nation. The Firm uses
b -
�
� _
� ist` in efficientl creatin documents and
state-of-the-art com�uters and saftware to ass y S
� managing cases.
�
fl. Fees
� BR1GGs aND MoRGAiv is flexible regarding fee arrangements to accommodate a I
client's needs and is particularly sensitive to the budg�t constraints of public clients. If the
�
City decides it wants BR1GGs �►ND MoRGr�N as its law firm, we are confident a satisfactory
� and #'air fee arrangement can be negotiated, We can, if desired, prepare monthly billing
statements that will reflect:
� : ,
• date of service
� � staff prtwiding service
� • time spen� in provi"ding service
• descriptior� of service
� �� � � � � �fee for time�� �� � � � �� � � � ���
• an analysis for general coTporate work by department, type of
� _
service and project
� :
Neal $uethe, as the City's primary lawyer,will meet with the City at the outset of the
� Telationship to arrange a satisfactory fee arrang�ment. We regularly prcrvide cost estimates .
to clients prior to beginning work on a project and will not exeeed the estimate without
� : . ,
client approval. Our praetice is to be very flexible and bi11 b+�}ow.normal hourly rates for
� prosecution services.
�
� :
7
� _
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�
I. SQe�'ific Cnmoensstion uestions
� Name of attorney: Neal T. Buethe
Hourly rate:: $95 for general legal services
Minimum increment of time billed: .l hour
� omas L. BFa
Name of Attorney: Th y
Hourly rate: $95 for general legal services
� Minimum increment of time billed: . .1 hour
Name of paralegal: Deb Post
� Hourly rate: : $60
Minimum increment of.tirne billed: .l hour
� Hourly��rates are o�en to �negot�iation for�litigated matters. ��
Other costs and reimbursements:
� :
� � Long distance phone calls� � � � � �
Photocapying- I5�/page (negatiable) :
Travel (negotiable) _
Rate far counsel meeting attendance $95/hour (negotiable)
� _
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� 692339
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- 8
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BRIGGS AND MORGAN
: ADMINISTRATION
eOAR OF DIRECTORS STANDING COMMITTEF,S
Mdrea M. Bond 7twmas A. L.�cso�
R Scoa Davies : Alan H. Maclin `
1a1 H. Gottesm�n Acidrew C. Selden
R Arn HwKrdds Michael H. Streater Delinqucat Atceunts Mair�ttin� Raruiting/
Summer
E.iccutive Dir+ector Eiecutive Committa 1.Itsy P.Popovich C.Rogers
R.Grcgcxy R Scott O�vies,Presiclent M.Frcat W.Dol�n N.Aikcn
A:M�c,lin,Y'ut-Pretident M.Gnmcs M tppd Kun�BcB
Buaivas Devdopweat R.Mn Hunvods,Secntary P.fCampmryrf J.Kryes G.S�cnnwe
G.Brust Joel H,Goaamin,Trrasurer M.MkF.11istran _ ' D.Lebodoff B.Wcnga
Facilitia Mawgdaent
J.Rc�ss Employa Bentfits FAC Strstegic Pians
_ M.Durkin T.lNu�t T-[byk
Finxncial Maw�meut
N.Buahc [..Bou 1�l.Dyr�th
M.Elvrn,m-
D.C,roeniog !.Gimx M1.Gatvin
S:Knudsou MJ.Catvin M.Miikr
� C.Ncuingen D.bkDoasld A:SEldoa :
Humw Resaurra
E.Dnsin - _
Informatioa Servius
' Iasur�aufLceal Pr�►dict Committa raiaing/Ev
M.Eisk P.IukD�viu D.Wuhtkr
D.Muntan R.S.D�vie: Kevin Bcig ,
, L.l.onag�a
Managemeat Inlornutiou Sy;teau
P.McDa�viu T.Dayk M.Qudcin
W Y�m�osks
� � � � �� ��� !.Nctson � A.ttu�ods ��� D.�a�sberg
` 1.O`Mc�an T.tarsan T Slyc
PirsiegaWi,.awyer Recruiting
S.Hume Les Mundi P��
; S.Hanson ` S.Scoggiu `
R.Woods D.Cok
M. Savage K DiGiano
R.Sorenson 1.ICeaefick ,
� � ' � �;� �� � ���� � l.Rot�n
� � � � � � � � � � � � � � � � � � ` � '
�
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�. - � � � � � � � � � � _ � �� � � :
� A Legal Services Proposal Prepared for
The City of Rosemount, Minnesota
�
General Legal Services .
�
�
_ BRIGGS AND MORGAN .
� � � � � � � ' PROFFSSI6NAI.ASSOC1ATtON � � � � � � ��� � � �� �
�
2200 FIRST NATIONAL BANK BUILDING -
_ S'r. PAu1., MN" 55101`
�
240Q IDS CEtvTE�
MirrN�po�s, MN 55402 "
�
, ' CONTACT: NEAL BUETHE
� (612) 223-6558 :
Ju1vE, 1994
�
�
�
; � .
� ��° � � �� ��� � � � � � �
� -
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� � :
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�� � � � � � � �� � �
� � TABLE OF C4NTENTS
I / Section Page ,
j`
� About BRIGGS AND MORGAN . . . . . . . . . . . . . . . .. , . . . . . . . . . . . . . . . : . I 1
: Introduction . . . . . `. . . . : . . . . . . . . . . . . . . .". . . . . . . . . . . . . •
. . . . . . . . . . . 1
I �, . . . . . 1
GeneralInforrnat�on . . . . . . . . . .
� Consultant ProRle . . . . . . . . , . . . . . . . II 2
. A: Municipal Law �xpertise . . . : . . . . . . � . : . . . . . . . . . . . . . . . . . . . . . .
• 2
�
B. - General Firm Qualificatians to Serve :
. the City of Rosernount . . . . . . . . . . . . . 2
� . . . . . .
G Firm Scope of Work . . . . . . . . . . . 5
� D. Qualifications of BRIGGS AND MORGAN Attorneys
Directly Responsible to the City . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
� E. Previous or Current Activities Performed
: for the City of Rosemount . . . . . . . ?
� F. Conflicts of Interest . . . . . . . . . . . . , • �
G. Legal Library and Research Capabilities 7
� ;:
- � . . . . . . . . . . ; . . . . . . . . . . . .
H. Fees . . . : . . . . . : . . . . • . . . . , . ; . . . . . . 8
� ,
I. Specific Compensation Questions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
�, Attachments . . . . . . . . . . . . . . III
Atiachment A - Organizational`Chart
� t
Attachmen B
�
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� - Abant Briggs and Morgan
, _
�
Intirxluction
� ORG,d►N is leased to submit its rb osal to serve as City Attorney
BRIGGS AND M P P P
� ; far i.egal Services to the Gity of Rosemount: BRIGGS AND MORGAN cur�ently serves as
bond counsel for the City of Rosemount, and through this proposal, offers to extend its
�� 'ces to all eneral le al services re uired b the Ci .
sern g g : 9 Y h'
� $R1GGs'A1vD MoRG,a►N, serving clients for ov�er 100 years, is committed to a
progressive approach to the practice of law by providing our clients with competent,
�
specialiaed, and competitively priced legal services. With our proven record.of`providing -
� quality legal services ta many rnunicipalities and ather local governments across the state,
BRIGGS AND MoRGAIv will provide the City'of Rosemount cost-.effective and complete legal -
�
: representation.
� `
� Gerzeral Information
$RTG�S AND 1VIORGAN,P.A. BRIGGS AND MORGAN, P.A.`
� 2200 First National Bank B�ilding 2400 IDS Center
Saint Paul, MN 55101 - Minneapolis, MN 55402
Phane: (612)223-66b0 Ph4ne: (612)334-84�
� Fa�: (6i'2)223-6450 Fax: (612)334-8650
Year Founded: 1882
�� �, � � �Number of Attorneys: i 34 � � -
Numb�r of paralegais: 20
Number of suppart staff: ,170 �
Organization: See :Attachment A ` `
� :
�
�
1
�
,�
� ile
Consultant Prof.
� � � �� �
�
A. Municipal Law Expertise
�
BRIGGS AND MORGAN's areas of expertise include all legal services required by a
'�; suburban municipality. Our ;attorneys have extensive expertise in providing legal
representation ta local governments and publi�c agencies`in such areas as general municipal
��
law, real estate development, municipal finance, contracting, reaL estate and land use,
� litigation, and municipal code drafting and enforcement. We are currently City Attorney for
the City of Mahtomedi, where for over 15 :years we have provided full le�al �ervices to a
�
' growing suburb, includ�ng defending all legal actions brought against the �ity by property
� develo ers; attending all City Council meetings; assistance in a full range of improvement
P
�� projects and routine daily services such as the drafting of ordinances, contracts and all other
lega} issues. We have also served as separate counsel to' other municipalities when, for `
ex��� � ��� � � � � � � � � �
� am le current counsel's conflicts of interest arise,BRIGGS AND I1�IORGAN provides special
P �
� ' e�ertise. In this capacity, we have litigated employment issues, advised on ordinances and :
provided all legal services for complicated development projects, including all phases of '
�
municipal finance -- from general obligatipns to tax increment financing. :
, _ �
�
B. Genera� Firm Qualifications to Serve the Ciri of Rosemount
� _
BRIGGS ,�ND MoR�AN acts as bond counsel and special counsel' to many `
��' metropolitan and Greater Minnesota cities and public bodies, inclvding the City of Saint
: Paul and its development agencies, the cities o€ Oakdale, Ramsey County, Woodbury, :
�� :
Roseville, Maplewood, New Brighton, White Bear Lake, �hite Bear Tovms�ip, Vadnais
�.�
2
� : :
�
� , MoRG�v has acted as special counsel to a number of other Minnesota cities and public
bodies; for example,we have r�presented the cities of Oakdale, Roseville, Northfield, Saim
� loud and Winona on s ecialized land-use issues.
C , p
� We have represented Stillwate�, Oak Park Heights, Bayport, Hugo, Grand Rapids, :
�nd La Prairie on cable teievision matters. In a m�tltimillion dollar case against the United
�
States Army and various defense contractors, we r�presented the �ity of Saint Anthony,
� :
recoveriz�g costs, incurred due to the' contamination of t�e municipal water supply by
� operators at the Twin Cities Army Ammunition Plant. in addition, we'have represented the
�
interests of private parties before cities and other public bodies.
� The Firm's attorne s have represented both municipalities �nd counties in complex
Y
(� Iand-use and zoning issues. Our experience in the areas of land-use and,development
��
includes subdivision zoning, restrictive covenants, environmental concerns, and eminent
� dd'tion we have re resented the interests of rivate arties before cities and
damain. In a i , P P P
� other public bodies on a variety of matters. Paired with the legal and poiicy issue ,
background of our attorneys, our land-use experience brings a helpful persgective to issues `
� that ma confrant the Ci af Rosemount.
Y �3'
� Environmenta!Law Section
Both municipal and private clients are grawing concerned with the environmental law
� . `
area. BRIGGS AND MORGAN tawyers regularly'review real estate and ecfmmercial
� : transactions involving rnunicipal and business clients in order to define and limit
environrnentaF liabilities. Our Environrnental Law Section is experienced i�t determining the
�
applicability of federal and state environmental regulations requiring air- and water-quality
� permits. Often, such permits are required prior to the lawful commencement of
� construction.
3
�
�
� ` We assist our municipal clients where they are the responsible governmerital unit
under the Minnesota Environmental Protection Act in corrrglying with the environmental
�; `
review'process,,including such matters as the preparation of environmental assessment work :
� sheets issuance of ne ative declarations, and, if necessa , developm�nt of environmental
� g n'
�, impact statements.
Rea! Estate Se�ion
� t Section with la ers
BRIGGS ,a►ND MoRG,e►N also possesses a separate Rea1 Esta e wy
� specializin� in a complete array of real estate matters to provide sup�ort to the
representation of our municipal clients. The depth a�d breadth of our experience in
� condemnation and emirtent domain matters allows us to rovide the Ci of Rbsemount with
P h'
�` the best legal services ava'rlable. R�solving ca�demnation proceedings often requires
expertise in related areas Our e3ctensive experience allows us to address condemnation
� ,
matters comFrehensively and efficiently. BRIGGS AND MORGAN h�s a signifieant practice :
� in eminent domain and related relocation matters on behalf of both the pubtic and private
, sectors. We have expertise in all areas relevant to real estate issues encountered by
�
manicipalities including property acquisition and condemnation: We have detailed
� e�cperience ot� the intricate legal issues that must be addressed in eminent domain
proceedings and we know and understand the various valuation methods utilized in the
�
proceedings. Our stated objective ir�`representing rnunicipalities in condemnation matters
� is to ac uire ro er at the lowest ro e cost, includin consideration of legal, appraisal,
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� and other fees. .
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� Labor and Employment Law Section
In the last several years, the areas of labor and employment law have been
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increasingiy affected by court decisions and legislation at both the state and federal levels.
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BRIGGS A1vD MoRG�v has been a Ieader in the labor and employment law field as it affects
� both public and private sector employers. More than 20 attorneys are members of the
Firrn's I.�bor and Einployment S�ction. . � - '
� T e Firm's la ers have re resented em lo ers in virtuall all es of employment
h �'Y P P Y Y tYF .
law claims, including matters under the Minnesata Public Ernployee Labor Relations Act
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(PELRA), conducting labor negotiations, and working with local civil service systems.
� BRIGGS AND MORGAN attorne s have extensive e erience in practice representing
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�," public employees and empl4yers in all types of labor and employment law. Our attorneys
' represer�t the City of Mahtomedi in all their labor and ernployment issues. Our veteran
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� � �� labor attorneys�will serve����Rosert��auni's�� nee'ds as welL : � � � � � �� �
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C. . Firm Scape of Work
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The Firm has an ongoing municipal 'law practice and will be able to successfully
� undertake the City's Jegal actions and needs.
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D. 4nalifications of B�t1�Gs A1vn MoR�AN Attornevs Directiv`Resnonsible to the Citv
� ' '
Neal T.-Buethe. Neal will serve as the BRIGGS AND MORGAN cl�ient eoordinator for
� the City of Rosemount. He specializes in rnunicipal law, administrative law, and
employment litigation. He has been the 1Vlahtomedi City Attorney for the past four years
� and reviousl s ent two ears as the Ct 's rosecutin attorney. Nea] has provided special
P Y P Y tY P B
� counsel in other municipalities and has represented public employers and employees in
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� employment litigation. He received his bachelor's degree from the College of St: Thomas
and his master's degree and law degree from the University of Notre Dame, where he was '
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a m�mber of the editorial board for the Natre Dame Law Review. He is a former 1aw clerk
� to the Minnesota Supreme Court. Neal authored a chapter entitled "Cavenants Not to
Compete-in the Sale of a Business" published in Business Tons in March 1989 and has been
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an adjunct instructor at the University of Minnesota Law SchooL
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Thomas L. Bray. Tom is a member of the Real Estate Section at BRTGGS AND
� MORG�t. He curr�ently serves as the Assistant City Attorney for the City of Mahtomedi
where he-attends council meetings and advises the �ouncil and staf� in a variety of areas,
� t and real estate issues: Tom is an honors raduate of the University
meiudmg develgpmen g
� of Minnesota Law School, whe�e he was associate articles editor of the:Minnesota Law
Revie�w and was eleeted to Order of the Coif. Tom also received his undergraduate degree
�
� � �� from the�University of Mi�anesota. � � � � � � � � � � ��� �
� In addition to Nea1 Buethe and Tom Bray, the City will have the service of BRIGGs.
AND MORGAN'S expeits in Real Estate, Municipal Finance, Litigation, LabQr and
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Employment, and our fifteen ather Practiee.Areas. Because we provide a broad range of
� services to business, individual, and governrnental`c�ients, our attorneys have the experience
the City of Rosemount will need` and our at�orneys are ready and :available at the client's
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convenience.
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�. E. ` Previous or Gurrent Activities Performed for the Citv af Rasemount
See Attachment B for a representative list of bond activities performed for the City .
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' of Rosemount in 1993 and 1994 by BRIGGS alvD MoRGAIv.
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F. Conflicts of Interest
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We are aware of no conflicts of:interest that would prevent BRIGGs AAtD MORG,e►N
� from rovidin full and aggressive legal repr.esentation to the �it�y. The Firm services a
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bond and special counsel to the Metropolitan Council, but this should not present any
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conflict of interest. The-Firm does represent some real estate develQpers but that is`not a
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major portion of our pra�tice. Since we serve as bond counsel to so many municipalities,
� including Twin Cities Suburbs, we most often represent eities in their dealings with
, developers.
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� Legal Li'brarg and Research Cagabilities
G,
Legal Library and Research Capabilities: $R�GGS AND MORGAN'S resources include
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a comprehensive }aw library as�vell as several computer-based research systems which pro-
� : vide access t6 databases in �ublic and private'libraries throughout th� natio�: The Firm uses
state-of-fhe-art computers and software to assist in efficiently creating documents and
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managing cases. :
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� H. Fees
BRIGGS AND MoRGAN is flexible regarding fee arrangements to accommodate a `
� ' 's rticularl sensitive to the bud et constraints of ublic clients. If the
cl�ent s needs and � , pa, y g p
� City decides it wants BRIGGS AND MORGAN as its law firm, we are confident a satisf�ctory
and fair fee arrar�gement-can be negotiated. We can, if desired, prepare monthly billing
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statements that will reflect:
� • date o#' service :
• staff providing service :
�,
• 'time spent in providing service
� • description of service
� • fee for time
� an analysis for general corporate work by depart7nent, type of `
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� servic� and project
� Neal Buethe, as the City's primary lawyer, will meet with the City at the outset of the
relationship ta arrange a satisfactory fee arrangement. �Ve regularly provide cost estimates .
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to clients prior to beginning wark on a pt oject and will not exceed the estimaie without
� client approval. Our practice is to be very flexible and bill below norma}`hourly rates for
prosecution services.
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� L Specific Cornnensation Ques�ions
� Name of attorney: Neal T. Buethe '
� � � �I�ourly rate: , � ��;�$95 f�r ge�eral legal services �� �- ��
Minimum incrernent of time billed: .1 hour
� N rne of Attorne : Thomas L. Bra
a y y
Hourly rate: $95 for general legal.services _
� . Minimurn increment of time billed: .l hour
Name of paralegal: Deb'Post .
� Hourly rate: $60
1Vlinimum incremem af time billed: .l hour _
� Hourly rates are ogen to negot�ation for litigated matters.
Other costs and reimbursements:
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Long distance phone calls
Photocopying 15�fpage (negotiable) �
� Travel (negotiable)
Rate for counsel meeting atter�dance $95Jhour (negotiable)
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BRIGGS AND MORGAN
ADMINISTRATION
BOARD OF DIREC'FORS STANDING COMMI'TTEES
'Andrea M. Bond Thomas A. Lacson
R Scott Davies Atan H.Ma�lin
Jaet H: Gottesman Andrew C.Selden
R Ann Hwurods Michael H. Streater Delinquent Accounts Marlceting Reccuiting/
_ Swnmer Asaoc,
Ezecutive Directar Ezecutive Committee J.Ray P.Popovich C.`Rogers:
R.Crregory R. Scott Davies,l'residen� M.Frenz W.Dolan N.Aiken
A Maclin,�ce-President M.Grimes M Ippel Kama Berg
Business Development R.Ann Huntrods,Secretary P.Kacnpmeyer J.Kryes G.Stenmoe
G.Brust ` Joel H.Gottesman,T►,easurer M.McEllistrem D.I�ebodaff B.Wenger
Facitities Maaagement
J:Reiss Empioyee Benefits PAC Strategic plana
M.Durlcin T.Maru ' T.Doyle
Fiaanraal Mnnagmeat N.Buethe L.Boss _ M.Dyrseth
M.Elvenun D.Greening J.Girns MJ.G�lvin
S.Knudsott M.J.Galvin M.Miller
Humatt Resoutces ; C.Nestingea D.McDanald A.Seldon
E.Drasin
Information Services InsarancelLegxl Prxctite Committee raiaing/Ev
° D.Mucrtean - M.Fisk P.McD�vitt D.Wachtler
: - L.Lonergan R.S.Davies Kevin Berg
Management Infarmi�tion Systems P.Mcilavitt T.Doyle_ M.Durlcin
1U. Yarmoska J:Nelson A Huntrpds D.Forsberg
' J;;O'Meara T.1.irsan T.Slye
Paralegats/Lawyer Recruiting
S, H�' Lez Mundi Pro Bono
S.Hanson S.Scoggin
R.Woods D.Cole >
IvI. Savage K.DiGiomo
. R. Soreason J.Kenefick
; J,Rotman ' —
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4970.53 City of Rosernount -Rer�arketing of Pollution Control
� Revenue Refunding Bonds (Koch Refining Company Project)
4970.54 City of Rosemount - Inrlustrial Park Bonds
� ��, � ��� � � � �� � � � � : �
4970.55 ' City of Rosemount - $845,000 General Obligation Municipal
Building Refunding Bonds, Series 1993D
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4970.56 City of Rosemount - $945,000 Ge�eral Obligation Water
� Revenue Refunding gonds, S�ries 1993C
4970.57 City of Rasemount - $1,415,000 General Obligation
� Improvement Refunding Bonds, Series 1993B
4970.58 City.of Rosemou�t = $595,000 General Obligation
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Improvement Bonds, Series 1993A
� 4970.59 City of Rosemount - Lease Furehase of Equipment
4970.60 City of Rosemount - $700,000 General Obligation Sta,te Aid '
� Street Bonds, Series 1994C
4970.61 City of Rosemount - $1,605,000 General Obligation
� Improvement Bonds, Series 1994A
� 4970.62 City of Rosemount - $335,Q00 General �bligation Storm
Water Revenue Bond�, Series 1994B
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23346.2 Rosemount Port Authority - Industrial Park Bonds, 1993
� 23346.3 Rosemount Port Authority - $5$0,000 General Qbligation
Taxable Bonds, Series 1993E
� t ori - l 630 0�0 General Obli ation
23346.4 Rosemount Port Au h ty $ , , �
Bonds, Series 199�A '
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2E�6325.l
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� Consultant Profile
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A. MuAiciaal l.ew Ex;pertise
� ' �ATv'S areas of c ertise include all le al service� required by a
BRIGGS AND M�R x}� g
� suburban municipality. Our attorneys have extensive exgertise in providing legal
repres�ntation to local governments and public agencies in such areas as general municipal
�
law, real estate developrnent, municipal �nance, contracting, real estate` and land use,
,� litigation, and municipal code drafting and enforcement.:We are currently City Atto�ney for
the City of Mahtomedi, where for over 15 years we have provided full legal services to a .
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growing suburb, including defending all, legal actions brought against the City by property
� developers; attending all City Council meetings; assistance in a full r,ange of improvement
projects and routine daily s�ervices such as the drafting of ordinances, contracts and a11 other
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legal issues. We have also served as separate counsel to other municipalities when, for
� exam le current �ounsel's conflicts of interest arise,BRIGGS AND MORGAN provides special
p , .
expenise. In this capacity,we have litigated employment issues, advis�d on ordinances and
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provided all legal services for complicated development projects, including ali phases of
� munici al finance -- from eneral obli ations to tax increment'financing.
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B.' General Firm Qua�ifications to Serve th� Citv of Rosemount
� . s bond counsel and s cial covnsel to many
BRIGGS AND MORGAN eCts a pe ,
� metropolitan and Greater Minnesota cities and public bodies, including the City of Saint
Paul and its `development agencies, the cities of Oakdale, Ramsey County, Woodbury,
� Roseville Ma lewood New Bri hton, White Bear Iake, White Bear Tavmship, Vadnais
� P , $
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� innesata cities and ut�lic
MoRGAN has acted as spec�al e�unsel tn.a number of other M p
� bodies; for example, we have represented the cities of Oakdale, RoseviUe, Northfield, Saint
Cloud, and Winona on specialized land-use issues.
� . w Oak Park Hei hts Ba ori, H� o, Crrand Rapids,
We have represented Still ater, g , Yp g
� and La Prairie on cab}e televisibn matters. in a mu}timillion dollar case against the United
States Army and various defense contractc�rs, we represented the City of Saint Anthony, .
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recovering costs incurred due to the contamination of the municipal water supply by
� operators at the Twin Cities Army Ammunition Ptant. In addition,we have represented the
interests of private parties before cities and other public bodies.
� . . . .
The Firm's attoTneys fiave represented both mumcipal�taes and count�es tn complex
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land-use'and zoning issues. Our e�cperience in the areas of land-use and development
- includes subdivision zoning, restrictive cavenants, environmental concerns, and eminent
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domain. In addition, we have represented the interests bf private parties before cities and
� a varie of matters. Paired with the legal and poliey issue
other pubiic bod�es on ty
background of our attarneys, our land-use experience brings a helpful perspective to issues
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that may confront the City of Rosemount.
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Environmental Law Section
� Both municipal and pri�ate clients are growing concerned with the enviranmerttal law
area. $R1GGS AND MQRGAN lawyers ;regularly review real estate and commercial
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transactions involving mvnicipal and business clients in order to define and limit �
i� environmental liabilities. Ow Environmemal Law Section is experienced in determining the
applicability of federal and state environmental regulations requiring air• and water-qvality
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permits. Often, :such permits are required prior to the IawfW commencement of
� construction.
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We assist our municipal clients where they are the responsible gcjvernmenta} unit
� under the Minnesota Environmental Protection Act in complying with the environmental
` review process, including such matters as the preparation of environmental assessment work
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sheets, issuance of negative declar�tions, and, if necessary, development of environmental
� impact statements.
� Real Estate Section .
BRIGGs AND MoRG,a►N also possesses a separate Real Estate Section with lawyers
� specializing in a complete array of real estate matters to provide support to the
representacion of our municipal clients. The depth and breadth of our experience in
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condemnation and eminent domain matters aUows us toprovide the City of Rosemount with
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the best legal: services available. Resolving condemnation proceedings often requires
� expertise in related areas Our extensive experience allows us to address condemnation
matters cornprehensively and efficiently. BRIGGS AND MORGAN has a significant practice .
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in eminent damain and related relocation matters on behalf of both the public and private
� sectors. We have exgertise in all areas relevant to real estate issues encountered by
murricipalities including property acquisition and condemnation. We have detailed .
�
experience on the intricate legal issues that must be addressed in eminent domain
� proceedings and we know and understand the various valuation methods utilized in the -
proceedings. `Our stated objective in representing municipalities in condemnation matters .
�
is to acquire property at the lowest property cost, including consideration of legal, appTaisal,
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and other fees; � �
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� C. �'inn Scape of Work
The Firm has an ongoing municipaT law practice and 'will be able to svccessfully
� :
undertake the City's legal actions and needs. �
� D. Quatifications of BR1�Gs AND MURGAN Attorneys Directiv Resoonsible td the Citv :
Neal T. Baethe. Neal will serve as the BRIGGS AND MQRGAN client coordinator for
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the City of Rosemount. He specializes in municipal law, administrative ;law, and
� em lo ent liti ation, He has been'the Mahtomedi City Attomey fo� the pasi :fo�r years
P Ym g
� and previously sper�t two years as the City's prosecuting attorney. Neal has provided special
counsel in other municipalities and has represented public employers and employees in :
� employment litigation. He received his bachelor's degree from the College of St. Thomas
� and h'ts master's degree and law degree from the Universiry of Notre Dame, where he was
a member of the editorial board for the Notre Dame Law Review. He is a former law clerk
� t. Neal authored a cha ter entitled "Covenants Not to
to the Mmnesota Suprerr�e Cour P
� Compete in the Sale of a Business" published in Business Torts in March 1989 and has been
an adjunct instructor at the University of Minnesota Law SchooL `
�
� Thornas L. Bray. Torn is a member of the Rea} Estate Section at BRIGGS`aND
MoRGAN. He currently serves as the Assistant City Attorney for the City of Mahtomedi
�
where he attends council �eetings and advises the council and staff in a variety of areas,
� includin develo ment and real estate issues. Tom is an honars graduate of the University
_ B p
of Minrtesota Law School, where he was associate articles editor of the Minnesota La►��
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Review and was elected`to Order of the Goif. Tom also received his undergraduate degree
� from the University af Minnesota. _
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