HomeMy WebLinkAbout12/09/1996 TENTATIVE AGENDA
CITY COUNCIL
SHAKOPEE, MINNESOTA
WORKSESSION MONDAY,DEC. 9, 1996
LOCATION: City Hall, 129 Holmes Street South
Mayor Jeff Henderson presiding
1] Roll Call at 4:00 P.M.
2] Interviews of City Attorney Firms
4:00-4:30 Kennedy& Graven
4:40- 5:10 Campbell,Knutson, Scott&Fuchs
5:20- 5:50 Grannis,Grannis,Hauge,Eide,Anderson&Keller
3] Other business
4] Adjourn
CITY OF SHAKOPEE
Memorandum
TO: Mayor and City Council
FROM: Mark McNeill, City Administrator
SUBJECT: City Attorney Interviews
DATE: December 2, 1996
A committee made up of the Police Chief Community Development Director, City Clerk and I
have reviewed the seven applicants for the City Attorney position. That has been narrowed down
to three.
Interviews are scheduled for 4:00 PM,Monday, December 9th, in this order:
4:00-4:30 Kennedy& Graven
4:40 - 5:10 Campbell, Knutson, Scott&Fuchs
5:20- 5:50 Grannis, Grannis, Hauge, Eide,Anderson&Keller
Each firm has been advised that they will have 15 minutes to give an overview of their company,
experience, etc. They will then have 15 minutes to respond to questions. Staff will have some
suggested questions at the meeting; you are, of course, free to ask your own or follow-up on their
presentation.
This is scheduled as a workshop; therefore, staff will need directives from you to be negotiated
for formal action at the December 17th Council meeting.
II'I
11ta.1IL
Mark McNeill
City Administrator
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CITY OF SHAKOPEE
Memorandum
TO; Mayor and City Council
FROM: Mark McNeill, City Administrator
SUBJECT: Attorney Interview Questions
DATE : December 9, 1996
Staff suggests the following questions as potentials for the City
Attorney candidates :
1 . If selected as City Attorney, are there specific areas of city
practice or legal issues which you would want to immediately
review, either for compliance with existing law or good practice?
(i .e . : may include such things as 1) hiring practices, 2)
processing of land use and subdivision applications, 3) law
enforcement issues/new court rulings) .
2 . If specific areas are identified in response to Question 1
above, is the firm equipped to directly provide elected and
appointed City officials with training on those area(s) ? If not,
are there other firms or organizations that your firm typically
works with to provide training to your municipal clients?
3 . In the event it is discovered that someone in your firm is
involved in a matter for consideration before the City (i.e. : as/on
behalf of opponents of a land use or other proposal) , what steps
would your firm take to 1) deal with the potential conflict of
interest, and 2) insure that the City has benefit of ongoing
counsel during the pendency of the matter?
4 . As a general matter, how quickly after receiving an inquiry
(phone call or written) from an elected or appointed official, do
the members of your firm provide at least a preliminary response?
5 . What specific experience does your firm have in advising its
municipal clients relative to requests for development assistance
such as TIF, bonding, etc. ?
6 . At what point do you advise a client to "cut its losses" and
settle an issue through negotiation, when morally or politically it
may be preferable to "fight on" or litigate?
7 . What kinds of legal services can you think of where you would
recommend that the City contract with a firm specializing in that
service?
8 . What experience have you had in acting as the Revisor of
Ordinances, and would you expect to fulfill that responsibility for
the City of Shakopee? If so, how frequently would you update the
City Code?
[QUESTION.ATY] -2-
•
•
• KENNEDY & GRAVEN
CHARTERED
•
RESPONSE TO REQUEST FOR PROPOSALS
ATTORNEY SERVICES
•
CITY OF SHAKOPEE
•
Contact Person: James J. Thomson
NOVEMBER 6, 1996
•
470 Pillsbury Center
Minneapolis, MN 55402
• (612) 337-9300
•
• INDEX
1. GENERAL INFORMATION 1
2. MUNICIPAL LITIGATION 5
• 3. DEVELOPMENT ISSUES 7
4. EMPLOYMENT PERSONNEL LAW 8
5. MUNICIPAL FINANCE 8
• 6. FRANCHISE LAW 11
7. POLICE ISSUES 12
8. SPECIALIZED ISSUES 12
• 9. OTHER AREAS 12
10. FEES 15
11. CONFLICT OF INTEREST STATEMENT 15
• 12. REFERENCES 16
ATTACHMENTS
• RESUME OF JAMES J. THOMSON
BIOGRAPHICAL BACKGROUNDS OF ATTORNEYS
•
•
•
•
1. GENERAL INFORMATION
• A. Firm Background and History
Kennedy & Graven, formerly known as Holmes & Graven, was formed in 1973 as a
professional legal corporation. The firm specializes in municipal law, public employment
and pension law, public finance, land use law, litigation, eminent domain, real estate and
general commercial law. Kennedy & Graven's experienced staff of attorneys and other
• professionals takes pride in the firm's broad understanding of the legal, economic, and
political environment facing the public sector, and particularly cities and other local
governments in Minnesota.
From its inception, the firm has been extensively involved in the representation of public
sector clients. Five of the firm's attorneys (Jim Thomson, Floyd Olson, Charlie LeFevere,
• Curt Pearson, and Dave Kennedy) have been recognized in Law & Leading Attorneys as
having been selected by their peers as being among the most highly qualified attorneys
in Local Government Law. The firm represents the following governmental units as
general counsel:
City of Brooklyn Center City of Rosemount
• City of Brooklyn Park City of Sandstone
City of Crystal Lake Minnetonka Conservation District
City of Independence White Bear Lake Conservation District
City of Lauderdale Local Government Information Service
City of Loretto (LOGIS)
• City of Medina Hennepin Recycling Group (HRG)
City of Mound Suburban Rate Authority (SRA)
City of Mounds View Bassett Creek Water Management Comm.
City of New Brighton Lower Rum River Watershed Mgmt. Comm.
City of Richfield Shingle Creek Watershed Mgmt. Comm.
City of Robbinsdale West Mississippi Watershed Mgmt. Comm.
• In addition, we serve as general counsel to the following Economic Development
Authorities (EDAs), Housing and Redevelopment Authorities (HRAs) and Port
Authorities:
Brooklyn Center EDA Red Wing Port Authority
• Burnsville EDA Richfield HRA
Chanhassen EDA Robbinsdale EDA
Columbia Heights HRA Rosemount Port Authority
Crystal EDA
We also serve as special counsel on an on-going basis to approximately 30 municipalities,
• including Bloomington, Burnsville, Duluth, Minneapolis and Minnetonka.
• 1
•
B. Number of Attorneys/Specialties
• The firm has 23 lawyers, 14 of whom are directors, three are associates, and six are of-
counsel. All of the attorneys are knowledgeable about municipal law and related fields.
Fifteen of the attorneys devote at least a majority of their time to municipal law and
related fields.
C. Support Personnel
•
Our firm has four individuals who are classified as paralegals. One of the paralegals is
primarily involved in litigation activities and one each is involved primarily in real estate,
municipal, and public finance. Our firm's support staff totals 14 persons, 11 of whom
are involved in either administrative, accounting or secretarial work. We also have three
law clerks.
•
D. Office Organization and Support Capabilities
Kennedy & Graven is a professional corporation. The firm is governed by an Executive
Committee, consisting of five members elected by the firm's board of directors. A full-
time director of administration, Lisa Delton, 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 attorneys
on an as-needed basis.
E. Office Location
•
The address of the firm is: Kennedy & Graven, Chartered
470 Pillsbury Center
Minneapolis, MN 55402
• The firm also has an office at: 700 Commerce Building
8 East Fourth Street
St. Paul, MN 55101
The firm's telephone number for the switchboard is (612) 337-9300. The St. Paul
telephone number is (612) 225-4938, and calls will roll over to our main number if no
• one is available in the St. Paul office. In addition, each employee has a direct dial
number, and calls can be put on the firm's voice mail system or can be routed to the
receptionist if the employee is unavailable at the time calls are received. Our fax number
is 337-9310. In the event that line is busy, the call will automatically roll over to our
second fax machine. Our E-Mail address is attys@kennedy-graven.com.
•
• 2
F. Attorney Qualifications
• i. City Attorney
Jim Thomson would serve as the city attorney. Mr. Thomson holds a B.A.
degree from the University of Notre Dame and a J.D. degree (magna cum
laude) from the University of San Diego, where he was editor-in-chief of
the San Diego Law Review. Since graduating from law school in 1976,
• Mr. Thomson's practice has focused almost exclusively on municipal law
and civil litigation on behalf of governmental entities. He is a past
president of the Minnesota City Attorney's Association. He was with the
San Diego City Attorney's Office for six years before moving to
Minnesota in August, 1982. He was the City Attorney for the City of
Plymouth from 1986 to 1992. He was the City Attorney for the City of
• Mounds View from 1992 to November, 1995, when he became Assistant
City Attorney for the City of Brooklyn Park. He also serves as the
primary litigation attorney for the governmental entities that our firm
represents as general counsel and he is an attorney for the League of
Minnesota Cities Insurance Trust. Mr. Thomson devotes 95% of his time
to municipal law and municipal litigation. (A copy of Mr. Thomson's
• resume is attached to this proposal.)
Mr. Thomson would be available to the fullest extent needed to serve the
City. He would be responsible for all of the legal work for the City and
would attend the City Council meetings. Specialized legal work for the
•
City, such as labor and employment law or eminent domain matters, would
be handled by the attorneys in the firm who specialize in such matters
(those attorneys are listed on below.) The firm's practice is to use
experienced attorneys to perform the legal work for the firm's municipal
clients.
• ii. Supplemental Assistance - Attorneys
Kennedy & Graven has nine attorneys who serve as city attorneys and
whose work is almost exclusively limited to representing public entities.
Collectively, these attorneys have over 100 years of experience in
municipal law. In the rare event that the city attorney is unavailable and
• cannot be reached promptly, emergencies can be handled by any of the
other municipal attorneys.
Because our firm practices so extensively in the areas of municipal law, we
have a large number of attorneys who are able to provide supplemental
assistance, as needed. A summary of the backgrounds of all attorneys with
•
the firm is attached. Specific assistance would be available to Shakopee
as follows:
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•
a. Eminent Domain - Corrine H. Thomson (95% of time devoted
to municipal law); Robert J. Lindall (75% of
• time in eminent domain law.)
b. 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.)
• c. Tax Increment Financing - Dave Kennedy, Bob Long, and Steven
J. Bubul (50% of time in such practice.)
d. Labor and Employment Law - John M. LeFevre (50% of time in
such practice.)
• e. Litigation - Jim Thomson and John M. LeFevre would handle
litigation matters for the City. Joe Y. Yang is an associate with the
firm who also practices in the litigation area. Approximately 100%
of his time is spent on litigation. He would be available to assist
in handling any litigation on behalf of the City.
• iii. Supplemental Assistance - Non-attorney Staff
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. Certain of the activities
• described in the proposal, such as the initial drafting of condemnation
petitions, routine litigation documents, routine real estate matters and
drafting of resolutions and ordinances are handled by our paralegal staff
as follows:
a. Catherine Rocklitz - Ms. Rocklitz has been a paralegal with our
• firm since 1979. Virtually all of her time is spent on municipal
real estate and eminent domain matters.
b. Cheryl Willey - Ms. Willey has been a paralegal since 1985. All
of her time is spent on municipal and public finance matters.
• c. Carey Hjermstad - Ms. Hjermstad has been a paralegal for 8 years.
Nearly 100% of her time is spent on various litigation matters,
including employment law and condemnation.
d. Terry Berg -Ms. Berg has been a paralegal for 12 years. Ms. Berg
spends 100% of her time on public finance, real estate and general
• municipal matters.
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•
iv. AA/EEO Practices and Policies
• Kennedy & Graven is an equal opportunity employer and has an
established affirmative action plan and equal employment opportunity plan.
The firm has been certified by both the State of Minnesota and the
Minneapolis Department of Civil Rights as having an approved affirmative
action plan. The firm has adopted a specific AA/EEO Policy Statement
and a Policy Statement Prohibiting Sexual Harassment in the Workplace.
• Copies of these policies are available to the city upon request.
2. MUNICIPAL LITIGATION
Since its inception, Kennedy & Graven has engaged in a substantial and varied litigation
practice. Jim Thomson is an attorney for the League of Minnesota Cities Insurance Trust,
• which insures over 90% of the municipalities in Minnesota. During the past five years
Mr. Thomson has handled approximately 50 cases, 10 of which are presently pending.
Of the approximately 40 cases that were resolved, approximately 10 were settled, 15 were
resolved by summary judgment motions or motions to dismiss, and 15 were resolved by
trial, one of which was a jury trial. During his career, Mr. Thomson has tried
approximately ten civil jury trials and in excess of 35 criminal jury trials.
•
In addition to our eminent domain practice, other areas of our litigation practice include:
A. Land Use
Attorneys at Kennedy & Graven have litigated numerous cases involving land use
• decisions of municipalities including challenges to zoning, conditional use permits,
and variances. Jim Thomson has handled land use litigation cases at the trial and
appellate court levels involving issues such as land dedications, platting, access
rights, adult uses, regulation of group homes, and height restrictions.
• B. Real Estate
Kennedy& Graven has litigated cases involving real estate title disputes, mortgage
foreclosure, enforcement of purchase agreements, and cases involving claims of
fraud and misrepresentation.
• C. Other Litigation Relating to Municipal Decisions and Governmental Authority
Kennedy & 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.
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•
D. Complex Litigation
• Kennedy & Graven possesses the capacity to provide litigation services to its
municipal clients in unusual and complex matters. Examples include:
Mall of America Project: 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.
•
Calhoun Beach Litigation: Jim Thomson represented the City 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. Thomson has also represented
the City of Bloomington in a similar matter.
•
City of Minneapolis Warehouse District: Jim Thomson and Corrine Heine
Thomson 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: Kennedy& Graven
represented the MHRA 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 proposed "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.
- Cedar-Riverside Associates v. United States of America: Kennedy &
Graven represented the NII-IRA in this case involving numerous claims by
• a developer against federal and local agencies. The claims included breach
of contract, mismanagement of governmental assistance programs, Section
1983 claims and anti-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 Large Public Housing Agencies (CLPHA) v. HUD: Kennedy
& Graven acted 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.
• Hoyt Construction v. MHRA: Kennedy & Graven successfully defended
this lawsuit brought by a local contractor against MIRA on grounds that
MHRA had arbitrarily and discriminatorily awarded contracts and enforced
contract specifications.
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•
The litigation experience of Kennedy & Graven, only a small portion of which is
described above, has given the firm and its litigation department uniquely broad
• experience and expertise in virtually all areas of litigation in which a public entity
could become involved.
3. DEVELOPMENT ISSUES
A. Zoning Laws
•
As part of its general municipal representation our firm is involved on a regular
basis with the drafting, interpretation and application of zoning regulations.
Attorneys with the firm 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 numerous municipalities.
B. Platting and Land Development Issues
An essential element of municipal legal representation is advising clients
concerning the platting, land use, comprehensive plan and subdivision issues that
• cities face on a daily basis. Attorneys in our firm have extensive and long-term
experience in such matters. Jim Thomson is a frequent lecturer, both at the state
and national levels, on land use issues and has handled many significant land use
cases at the trial and appellate levels. Two of our attorneys, 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, Borough 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.
C. Condemnation Law
•
Kennedy & Graven has handled both routine and complex condemnation
proceedings since the firm was established. Those matters are principally handled
by Robert J. Lindau, John M. LeFevre and Corrine Heine Thomson.
Mr. Lindau has been involved in over 300 condemnation proceedings,
• many of which have involved commercial or industrial properties. He is
co-author of the book, Minnesota Condemnation Law and Practice and of
two articles in Minnesota Real Estate Law Journal entitled Minnesota's
Doctrines of Public Purpose and Superior Public Purpose in Eminent
Domain (Vol. 1, No. 13) and The Origins 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).
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•
Corrine Heine Thomson represented the City of Minneapolis on behalf of
the Bassett Creek Flood Control Commission in the acquisition of
rights-of-way for the $17 million Bassett Creek Flood Control Project.
•
She has also handled condemnation proceedings for the Cities of Brooklyn
Center, Minnetonka, New Brighton and Richfield.
D. MSA 429 Projects
• As city attorneys we assist the city 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 education courses on this subject and has extensive experience in reviewing
improvement proceedings in cities throughout Minnesota.
•
4. EMPLOYMENT/PERSONNEL LAW
Kennedy & Graven has been actively involved in the employment and personnel area
representing cities and other local governments. Several of our 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, affirmative action plans; advice on
pay equity/comparable worth plans; labor-management contracts and the Minnesota
Government Data Practices Act.
• Kennedy & Graven has primarily represented defendants in employment matters, and in
particular, government agencies. Our attorneys have defended these cases in federal and
state courts, arbitrations,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 is the primary attorney practicing in the
employment area.
•
The firm has acquired an extensive knowledge of public pension law. John LeFevre and
Corrine Thomson have represented the cities of St. Cloud and Minneapolis on these
matters.
• 5. MUNICIPAL FINANCE
A. General Municipal Finance and Bond Counsel
As a nationally recognized bond counsel, Kennedy & Graven has acted as bond
counsel throughout the United States and for over 200 public entities in
Minnesota. The firm is a member of The National Association of Bond Lawyers,
• is listed in the National Association of Bond Lawyers and is listed in the
Municipal Bond Attorneys of the United States section of "The Bond Buyer's
Directory." Kennedy & Graven has a broad base of experience in connection with
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•
the issuance and sale of public debt, at the local, regional and state levels. 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.
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 California, 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, tax 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 majority of the municipal financing
with which we have been involved have utilized tax-exempt financing, but we
have also participated in taxable municipal financings. Dave Kennedy, Bruce
• Batterson, Curt Pearson, Steve Bubul and Bob Long serve as bond counsel for
numerous local governments and all are listed in the National Bond Lawyers
Directory.
B. Economic Development/Redevelopment and TIF Financing
• Kennedy & Graven developed much of its housing and redevelopment law
experience by acting as general counsel to the Minneapolis Housing and
Redevelopment Authority from April, 1973 to June, 1981. When that agency was
reorganized in 1981, the Minneapolis city attorney undertook the general counsel
responsibilities, and we concentrated on condemnation, bond issues, and
• redevelopment contract negotiations. While general counsel, Kennedy & Graven
rendered approximately 500 formal legal written opinions regarding all aspects of
the operation of a housing and redevelopment authority, all of which have been
retained and cataloged; handled approximately 350 condemnation proceedings
through commissioner hearings, district court trials and supreme court appeals;
handled real estate title matters, including quiet title and torrens proceedings;
• negotiated all development agreements, including tax increment, UDAG, EDA,
SBA and CDBG-funded projects; initiated the locally-funded commercial and
housing rehabilitation program, the urban homestead program, the single family
and multifamily loan programs, as well as initial implementation of the CDBG,
UDAG, Section 23 and Section 8 programs; and handled federal and state
lobbying activities.
• The firm's expertise in housing and redevelopment matters has resulted in our
current role as general counsel to the Housing and Redevelopment Authorities
listed earlier in this proposal.
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•
We also serve as attorneys to the Economic Development Authorities of Crystal,
Burnsville, Brooklyn Center and Robbinsdale. Our work as bond counsel brings
• us into continuous contact with EDAs throughout the state.
In many cases Kennedy & Graven is retained to provide specialized housing,
economic development or redevelopment services to cities. We act in this capacity
for over 50 cities in Minnesota. While these services are varied, they typically
involve the structuring and negotiating of specific transactions.
•
Attorneys at Kennedy & Graven negotiated and drafted development contracts for
the following representative projects:
The Carlson
• Center Project - Minnetonka, Plymouth
The Mall of
America Project - Bloomington
Northwest Airbus
• Facility - Duluth, Hibbing
The Bass Lake
Road - Becker
Park Project - Crystal
• The Hopkins Downtown
Redevelopment Project - Hopkins
Waterford Plaza - Plymouth
• The City of Virginia
Redevelopment Project - Virginia
Pillsbury Research and
Development Facility - Minneapolis
• Central Avenue
Developments - Columbia Heights
Industry Square
Development Corporation
(Metrodome) - Minneapolis
• Norwest Center - St. Cloud
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•
Boisclair East Bank
(River Place) - Minneapolis
•
First Bank of Robbinsdale - Robbinsdale
Downtown Mall - Grand Rapids
Block 40 (Galtier Place -
• Lowertown) - St. Paul
Watlow Facility - Winona
Lake & Hennepin Project - Minneapolis
• Edinborough - Edina
Hyridge Condominiums - Minnetonka
Franklin Avenue
Redevelopment Project - Minneapolis
•
Lee School - Robbinsdale
Coke-Marquette
Development - Minneapolis
• FMC Research Facility - Minneapolis
St. Thomas University
Minneapolis Campus - Minneapolis
• Dave Kennedy, Steve Bubul, Bob Long and Ron Batty all practice extensively in
economic development, housing and tax increment finance law areas.
6. FRANCHISE LAW
As the attorney for the Suburban Rate Authority, we have extensive knowledge and
• expertise in franchise law. James Strommen drafted the model franchise agreement used
by the SRA and the League of Minnesota Cities for gas and electric franchises. Mr.
Strommen has also worked heavily in the telecommunications area, having participated
in the drafting of the League of Minnesota Cities model lease for wireless communication
facilities. We have also prepared CATV franchises for municipalities and advised
municipalities on CATV matters.
•
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•
7. POLICE ISSUES
Mr. Thomson is a former prosecutor for the City of San Diego, California, and the City
•
of Brooklyn Center. As a former prosecutor, he is knowledgeable regarding the legal
issues associated with police authority and liability. Three other attorneys in the firm are
also former prosecutors. In addition to our prosecution experience, we also are
knowledgeable on other legal issues, such as data practices and employment law, which
affect the police department.
•
8. SPECIALIZED ISSUES
We are currently representing the City in the lawsuit with the Bureau of Indian Affairs.
John LeFevre is handling that lawsuit for the City. The firm was retained by the City on
this issue because of our knowledge of local government/tribal law.
•
9. OTHER AREAS
In addition to the areas specified in the request for proposals, the firm has special
expertise in the following areas:
• a. Environmental and Superfund Law
Kennedy & Graven has practiced extensively in environmental law through the
representation of both public and private clients. Bob Lindall was formerly the
Special Assistant Attorney General for the Minnesota Pollution Control Agency.
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 environmental laws,
including the Minnesota Environmental Rights Act (Superfund).
The firm has served as general counsel to the former Metropolitan Waste Control
• Commission. This has involved work regarding sewage treatment and disposal
and the Clean Water Act and its application to local government units. In this
connection, 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 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 litigation regarding
municipal user and connection charges.
The firm has also represented the Minneapolis Community Development Agency
(MCDA) in several environmental matters. In particular, the firm represented the
MCDA in lengthy litigation 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.
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•
Mr. Linda11 represented the MCDA and the City of Minneapolis in negotiations
with the MPCA and FMC contaminated site and construction by 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 MCDA in cleanup of the site and related matters.
The firm has represented clients accused of being responsible persons for cleanup
of Superfund designated sites by the United States Environmental Protection
• Agency. The firm also routinely renders 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. 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 purposes. We currently serve as general counsel to several joint
powers entities, such as the Hennepin Recycling Group, Local Government
Information Service(LOGIS), Suburban Rate Authority (SRA), and Bassett Creek
• Water Management Commission. Dave Kennedy currently represents the cities of
Norwood and Young America who are merging into one city on January 1, 1997.
c. Legislative
• Kennedy& Graven has for many years been active in legislative matters on behalf
of our clients. We have 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.
• 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. Bob Long is a former St. Paul City Councilmember and president
of the Association of Metropolitan Municipalities (AMM). He currently does
lobbying work on behalf of several of our clients. The firm has also represented
the League of Minnesota Cities with respect to certain tax exempt financing
• provisions of the Tax Reform Act of 1986. Attorneys 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.
d. Real Estate
• Much of the firm's activities involve in one manner or another issues pertaining
to land and its ownership. In addition to our condemnation and general real estate
litigation activities, we handle countless real estate transactions for the clients of
the firm. In that connection we have gained extensive experience in issues
• 13
•
affecting title 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.
e. Public Housing
•
Kennedy & 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 Kennedy & 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. The firm's involvement has not been limited to the federal public
housing program, 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 concerning the public
• housing and Section 8 housing programs, the firm has also represented numerous
public housing agencies in litigation arising out of their operation of public
housing and Section 8 housing programs.
f. Ordinance Codification
• We have codified the city codes for the Cities of Crystal, Inver Grove Heights,
West St. Paul, Brainerd, Freeport, Richfield, Hopkins, Independence, Richmond,
LMCD, Robbinsdale, Sandstone, South St. Paul and Melrose.
g. Public Contracting
•
The attorneys in our firm regularly advise our municipal clients on public
contracting matters, including reviewing contract documents and answering
bidding questions. In most cases, we are able to avoid litigation by providing
preventive 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.
•
• 14
•
10. FEES
• a. Fixed Retainer. If the City desires, we would perform all of the general legal
work for the city for a fixed monthly amount. This amount would cover such
things as preparation for and attendance at city council meetings; day to day
general legal advice for the city; attendance at staff meetings; responding to staff
inquiries; preparation of routine correspondence; drafting of documents; general
real estate matters and other general civil advice.
•
Based on our experience as interim city attorney, we would estimate that the fixed
monthly amount to cover all of the general legal matters would be $5,000. Other
nonretainer matters, such as litigation, special assessment appeals, EDA matters,
and matters that are billed directly to special projects or passed through to private
parties would be based on an hourly rate of$120 for attorneys, $60 for paralegals,
• and $50 for law clerks.
b. Hourly. If the City chooses not to use a fixed retainer system, we would propose
to do the legal work for the City at the hourly rate of$105 for attorneys, $60 for
paralegals, and $50 for law clerks. Attendance at council meetings would be
billed at an hourly rate of$60. Specialized legal matters (i.e. those matters listed
• above as nonretainer matters) would be billed at the hourly rate of $120 for
attorneys.
We are able to provide a monthly billing statement in the format set forth in the
RFP. The firm bills in .10 increments and we have no minimum increment for
• any item, including phone calls and correspondence. The firm would not charge
mileage for attendance at meetings at City Hall. Mileage for other items is billed
at $.29 per mile. The firm will bill its out-of-pocket costs for postage, long
distance telephone calls and computer assisted research. Copy costs are billed at
$.20 per page.
• 11. CONFLICT OF INTEREST STATEMENT
We do not represent any clients that would result in a conflict of interest with our ability
to be city attorney. We occasionally represent real estate developers on specific projects,
none of which are in Shakopee or are anticipated to be in Shakopee. The work that our
firm does for these clients is approximately 1% of the firm's total billings. We make it
• very clear to these clients that we will not represent them in any matter relating to a city
that we represent.
We currently represent the following local units of government having jurisdiction within,
or contiguous to, the City of Shakopee: Scott County HRA, which we represent in
various housing matters, including litigation; and the City of Bloomington, which we
• represent as special counsel on municipal finance, development, eminent domain, and
litigation matters.
• 15
•
The firm has a computerized conflict-checking system that is used to identify potential
• conflicts. The system maintains a data base containing the names of all clients of the firm
and all opposing parties. This data base is checked each time a new matter is opened by
the firm. 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.
• 12. REFERENCES
1. Municipal Client References: The following are the client references for the lead
attorney, Mr. Thomson:
a. James Prosser, City Manager
• City of Richfield
6700 Portland Avenue South •
Richfield MN 55423
(612) 861-9705
b. Thomas Grundhoefer, General Counsel
• League of Minnesota Cities Insurance Trust
145 University Avenue West
St. Paul MN 55103
(612) 281-1266
• c. Frank Boyles, City Manager
City of Prior Lake
(former Assistant City Manager, City of Plymouth)
16200 Eagle Creek Avenue
Prior Lake MN 55372-1714
(612) 447-4230
• 2. Other municipal references
The firm has represented hundreds of Minnesota cities in various capacities, including
general counsel, special counsel and bond counsel. The following is a list of references
from cities for which we have served as general counsel during the past five years, plus
• a representative list of governmental agencies for whom we regularly act as special
counsel. The city is welcome to contact any of these references.
Ann E. Theis, Mayor Michael Norton, Acting City Attorney
City of Medina City of Minneapolis
2052 County Road 24 A-1700 Government Center
• Medina MN 55340 Minneapolis MN 55487
(612) 473-4643 (612) 673-2021
• 16
•
Tim Cruikshank, City Administrator Desyl Peterson, City Attorney
City of Lauderdale City of Minnetonka
• 1891 Walnut Street 14600 Minnetonka Boulevard
St Paul MN 55113-5196 Minnetonka MN 55345-1597
(612) 631-0300 (612) 939-8262
Matt Fulton, City Manager Don Schneider, Former HRA Director
City of New Brighton City of Columbia Heights
• 803 Fifth Avenue N.W. 311 7th Street East
New Brighton MN 55112 Starbuck MN 56381-0282
(612) 633-1533 (218) 739-6322
Jerry Dulgar, City Manager David Childs, City Manager
City of Crystal City of Minnetonka
• 4141 Douglas Drive North 14600 Minnetonka Boulevard
Crystal MN 55422 Minnetonka MN 55346
(612) 531-1000 (612) 939-8200
Dennis Kraft, City Manager Douglas Schulze, City Administrator
City of Robbinsdale City of Sandstone
• 4221 Lake Road 119 North Fourth Street
Robbinsdale MN 55422 Sandstone MN 55072
(612) 537-4534 (612) 245-5502
Robert Dronen, Deputy Judy Thunberg, Clerk
• Minneapolis Community City of Loretto
Development Agency 259 North Medina Street
200 Crown Roller Mill Loretto MN 55357
105 Fifth Avenue South (612) 479-4305
Minneapolis MN 55401
(612) 673-5125
•
Gregory Konat, City Manager Thomas Burt
City of Burnsville City Administrator
100 Civic Center Parkway City of Rosemount
Burnsville MN 55337 PO Box 510
(612) 895-4400 Rosemount MN 55068
•, (612) 322-2006
Marvin Johnson, Mayor Chuck Whiting, City Administrator
Mary L. Leintz, Clerk Treasurer City of Mounds View
City of Independence 2401 Highway 10
1920 County Road 90 Mounds View MN 55112
• Maple Plain MN 55359 (612) 784-3055
(612) 479-0527
• 17
•
James Miller, Former City Manager, Curt Boganey, City Manager
City of Minnetonka City of Brooklyn Park
• Executive Director 5200 85th Avenue North
League of Minnesota Cities Brooklyn Park MN 55443-4300
3490 Lexington Avenue No. (612) 493-8001
St. Paul MN 55126
(612) 281-1205
• Lyle Olson, Dir., Staff Services Ed Shukle, City Manager
City of Bloomington City of Mound
2215 West Old Shakopee Road 5341 Maywood Road
Bloomington MN 54331 Mound MN 55364
(612) 948-8700 (612) 472-0600
• Ryan Schroeder, City Administrator Michael McCauley, City Manager
City of Ramsey City of Brooklyn Center
15153 Nowthen Boulevard N.W. 6301 Shingle Creek Parkway
Ramsey MN 55303 Brooklyn Center MN 55430
(612) 427-1410 (612) 569-3300
• James Willis, City Administrator Samantha Orduno, City Manager
City of Inver Grove Heights City of Carpenteria
(former City Manager, City of Plymouth) (former Clerk-Administrator, City
8150 Barbara Avenue of Mounds View)
Inver Grove Heights MN 55077 5775 Carpenteria Avenue
• (612) 450-2111 Carpenteria CA 93013
(805) 684-5405
•
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• 18
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• ATTACHMENTS
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•
•
•
•
•
•
RESUME OF JAMES J. THOMSON
•
•
•
•
•
•
JAMES J. THOMSON
•
BACKGROUND AND EDUCATION
J.D., magna cum laude, University of San Diego, 1976
. B.A., University of Notre Dame, 1969
Capt., USMC, 1969-1973
PROFESSIONAL EXPERIENCE
• November, 1989 to present: Director, Kennedy & Graven, Chartered; City Attorney for
the City of Plymouth 1986-92 and City of Mounds View, 1992-1995; emphasis in
municipal law, land use and civil litigation.
August, 1982 to November, 1989: Director, LeFevere, Lefler, Kennedy, O'Brien &
Drawz; emphasis in municipal law, land use and civil litigation.
•
January, 1979 - August 1982; Deputy City Attorney, San Diego City Attorney's Office,
Civil Litigation Division; emphasis in real property, eminent domain, construction,
environmental and land use litigation.
December, 1976 - January, 1979: Deputy City Attorney, San Diego City Attorney's
• Office, Criminal Division; duties consisted of preparing appellate cases and training trial
deputies; prosecuting attorney in over 35 jury trials.
PROFESSIONAL MEMBERSHIPS
American Bar Association
• Minnesota and California Bar Associations
Hennepin County Bar Association
Minnesota City Attorney's Association (Past President)
International Municipal Lawyers Association
• 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)
•
1993 Annual Report of the Land Development, Planning and Zoning Section of the
National Institute of Municipal Law Officers, "Update on Regulation of Adult
Entertainment Businesses"
•
•
LECTURER
1984 Update for City Attorneys, "Competitive Bidding"
• Minnesota Institute of Legal Education, Statute of Limitations, "Municipal, State, and
Federal Notice Requirements and Statutes of Limitations on Claims Against the
Government" (1987, 1990)
American Planning Association, Land Use Seminar, "Dedication of Land for Public
Purposes" (1987)
•
1988 Update for City Attorneys, "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, "Governmental Liability for Regulatory Takings"
• Minnesota Continuing Legal Education, "How to Represent Clients in Inverse
Condemnation" (1990)
1991 Update for City Attorneys, "Regulation of Adult Uses"
• National Institute of Municipal Law Officers, "Land Use Issues: Regulation of Churches"
(1992)
Minnesota State Bar Association, "Land Use and the First Amendment" (1993)
1993 Update for City Attorneys, "Regulatory Takings After Lucas and Woodbury"
•
Hennepin County Bar Association, Local Government Committee, "Regulatory Takings
After Lucas and Woodbury" (1993)
Minnesota State Bar Association, Public Law Section, "Regulation of Adult Uses" (1994)
• 1994 Update for City Attorneys, "Open Meeting Law: Recent Developments"
League of Minnesota Cities Annual Meeting, "Open Meeting Law" (1994)
Hennepin County Bar Association, Real Property and Environmental Law Sections,
"Regulatory Takings Law After Dolan" (1994 and 1995)
•
Minnesota Institute of Legal Education, Environmental Law Institute, "Regulatory
Takings" (1995)
1995 Update for City Attorneys, "Regulatory Takings"
•
•
•
•
•
•
BIOGRAPHICAL BACKGROUNDS
• OF ATTORNEYS
•
•
•
•
•
The following is a brief background summary of each attorney, as well as his/her
area of practice:
• ROBERT A. ALSOP, born in New Ulm, Minnesota, May 9,1959. Admitted to
bar 1986, Minnesota and U.S. District Court, District of Minnesota. Education:
St. Olaf College (B.A., 1981); William Mitchell College of Law (J.D., 1986).
Member: Minnesota State; and American Bar Associations. Practice: Litigation,
Worker's Compensation.
•
BRUCE M. BATTERSON, born March 11. 1955. Admitted to bar in 1983 in
Minnesota. Education: Ripon College (B.A., magna cum laude, 1976);
University of Minnesota (J.D., 1983). Related experience: Attorney at Faegre &
Benson, 1983-1995. Member: Hennepin County Bar Association; Minnesota
State Bar Association; National Association of Bond Lawyers; listed in Bond
• Buyers Guide. Practice: Municipal Bond Approving Counsel; Municipal Leasing;
Large Public Works Projects.
RONALD H. BATTY, born in Tampa, Florida, September 20, 1951. Admitted
to bar 1980, Minnesota. Education: Loyola University (B.A., magna cum laude,
1973); Hunter College of the City University of New York (M.U.P., 1975);
• Georgetown University Law Center (J.D., 1979). Related Experience: City
Attorney for: Medina, 1987-present; Lauderdale, 1986-present; and the
Robbinsdale Economic Development Authority, 1990-present. Member:Hennepin
County; Minnesota State; and American Bar Associations. Practice: Public
finance, and local government representation.
• STEPHEN J. BUBUL, born in Indianapolis, Indiana, November 5, 1952.
Admitted to bar 1987, Wisconsin and U.S. District Court, Western District of
Wisconsin; 1988, Minnesota. Education: University of Wisconsin (B.A., 1975;
M.S., 1978; J.D., cum laude, 1986). Phi Beta Kappa. Related Experience: Law
Clerk, Justice Peter S. Popovich, Minnesota Supreme Court. Member: State Bar
• of Wisconsin; Hennepin County; and Minnesota State Bar Associations. Practice:
Local government representation, and public finance.
ROBERT C. CARLSON,born in St. Paul, Minnesota, March 27,1943. Admitted
to bar 1973, Minnesota, Iowa; 1973, U.S. District Court of Minnesota and U.S.
Court of Appeals, Eighth Circuit; 1985, U.S. Supreme Court. Education:
• University of Minnesota (B.S., 1966); University of Iowa (J.D., with honors,
1973). Member: Hennepin County; Minnesota State; and American Bar
Associations. Practice: Corporate, and securities.
ROBERT L. DAVIDSON, born in Mohall, North Dakota, August 29, 1933.
Admitted to bar 1957, Minnesota. Education: University of Minnesota (B.S.L.,
• 1955;LL.B., 1957). Phi Delta Phi. Member: Hennepin County; Minnesota State;
and American Bar Associations. Practice: Real estate development.
•
•
JOHN B. DEAN, born in New Britain, Connecticut, April. 14, 1944. Admitted
to bar 1969, Minnesota. Education: Griimell College and University of Kansas
• (B.A., 1966); University of Minnesota (J.D., 1969). Related Experience:
Criminal Director,University of Minnesota Legal Aid Clinic, 1968-1969;Assistant
State Public Defender 1969-1970; Assistant Hennepin County Public Defender for
Misdemeanors, 1969-1970; City Attorney for: Richfield, 1988-present; and
Robbinsdale, 1988-present; Attorney for: Richfield Housing and Redevelopment
Authority; 1988-present;Chanhassen Housing and Redevelopment Authority, 1989
present). Member: Hennepin County; Minnesota State; and American Bar
Associations. Practice: Local government representation,trial and administrative,
housing and redevelopment.
DANIEL J. GREENSWEIG, born January 28, 1961. Admitted to bar 1993,
Minnesota; Admitted 1994 U.S. District Court of Minnesota. Education:
cation:
• Metropolitan State University (B.A.); William Mitchell College of Law (J.D.,
1994). Related Experience: Assistant General Counsel, PrimeVest Financial
Services, 1994-1995; Judicial law clerk, Minnesota Court of Appeals, 1993-1994;
Law Clerk, League of Minnesota Cities, 1992-1993; Member, Circle Pines
Planning Commission 1996-present. Member: Hennepin County Bar Association,
Minnesota State Bar Association. Practice: Governmental law and Municipal
• Finance.
DAVID J. KENNEDY, born in Minneapolis, Minnesota, January 29, 1932.
Admitted to bar 1961, Minnesota. Education: University of Notre Dame (B.A.,
1953); University of Minnesota(LL.B., 1960). [Cmdr., USNR- Retired]. Related
• Experience: Staff Attorney, League of Minnesota Municipalities, 19601967;
Director of Minnesota Office of Urban and Local Affairs, 1967-1969; Assistant
Senate Counsel, Minnesota State Senate, 1969-1972; Attorney for the City of
Crystal, 1973-present; Municipal Bond Approving Counsel, 1973-present.
Member: Hennepin County; and Minnesota State Bar Associations; National
Association of Bond Lawyers. Practice: Public finance, legislation, and local
• government representation.
WELLINGTON H. LAW, born in St. Paul, Minnesota, October 30, 1931.
Admitted to bar 1955, Minnesota; 1957, U.S. District Court, District of Minnesota;
1963, U.S. Supreme Court and U.S. Court of Military Appeals; 1970, Corps Board
of Contract Appeals, U.S. Claims Court. Education: University of Minnesota
• (B.S.L., 1955, LL.B., 1955). Phi Delta Phi. Member: Board of Editors,
University of Minnesota Law Review, 1953-1954; Hennepin County; Minnesota
State;and American(Member,Forum Committee on Construction Industry, 1979--
present; Sections on: Public Contract Law; International Law) Bar Associations.
Practice: Business, litigation and construction law.
•
•
•
CHARLES L.LEFEVERE,born in Minneapolis, Minnesota,December 21,1946.
Admitted to bar 1975, Minnesota. Education: St. Olaf College (B.A. 1968);
• University of Minnesota (J.D., cum laude, 1975). Related Experience: City
Attorney for: New Brighton, 1982-present; Brooklyn Center, 1987- present; Lake
Minnetonka Conservation District, 1978-present; Municipal Bond Approving
Counsel, 1980-present. Member: Hennepin County; Minnesota State; and
American Bar Associations. Practice: Public finance, and local government
representation.
•
JOHN M. LEFEVRE,JR., born in Dayton, Ohio, September 15,1944. Admitted
to bar 1970, New York; 1973, U.S. District Court, W.D.N.Y., 1977, Minnesota;
1978, U.S. District Court, D. Minn.; 1978, U.S. Court of Appeals, Eighth Circuit.
Education: Williams College (B.A., cum laude, 1966); University of Michigan
(J.D., 1969). Phi Beta Kappa. [Capt., U.S. Marine Corps Reserve, 1970-1972].
• Publications: Coauthor with Mary G. Dobbins and Robert J. Lindall of Minnesota
Condemnation Law and Practice, (Butterworth's, 1990); Author of Some Ethical
Issues in the Eminent Domain 51 Hennepin Lawyer 52 (Mar.-Apr. 1982).
Member: Hennepin County; and Minnesota State Bar Associations; Referee,
Hennepin County Conciliation Court, 1980-1992. Practice: Litigation, eminent
domain, employment/labor law, and construction law.
•
ROBERT J. LINDALL, born in Slayton, Minnesota, February 28, 1944.
Admitted to bar 1969, Minnesota and 1980, U.S. District Court of Minnesota.
Education: University of Minnesota (B.A., 1966; J.D., 1969). Delta Theta Phi,
Phi Sigma Kappa. Related Experience: Certified as Real Property Law Specialist
• by Minnesota State Bar Association, Real Property Section, 1989; Special
Assistant Attorney General, State of Minnesota (representing Pollution Control
Agency), 1969-1973; Jonathan Development Corporation: Staff Attorney,
1973-1974; Vice President and General Counsel, 1974-1977; President and
General Manager, 19771978. Publications: Coauthor with John M. LeFevre, Jr.
and Mary G. Dobbins of Minnesota Condemnation Law and Practice,
• (Butterworth's, 1990); Coauthor with Mary Dobbins, Minnesota's Doctrines of
Public Purpose and Superior Public Purpose in Eminent Domain, Minn. Real Est.
L. J., May/June, 1983; Coauthor with Douglas Peterson, Origins of Eminent
Domain, Minn. Real Est. L.J., August, 1983. Member: Minnesota
Environmental Education Council, 1971-1975 (Chairman, 1974-1975);
Metropolitan Council Transportation Advisory Board, 1978-1981;Councilmember,
• City of Chaska, 1978-present; Hennepin County (Chairman, Eminent Domain
Committee, 1981-1983); Minnesota State (Member, Real Property Section and
Eminent Domain Committee);and American(Member,Sections on: Real Property,
Probate and Trust Law; Corporation, Banking and Business Law; Local
Government Law; Committee on Environmental Law) Bar Associations; and
International Right of Way Association. Practice: Eminent domain, real estate,
• environmental, property tax appeals, and public law.
•
ROBERT C. LONG, born in St. Peter, Minnesota, August 9, 1958. Admitted to
bar 1985, Minnesota. Education: Macalester College, (B.A., summa cum laude,
• Phi Beta Kappa); University of Minnesota, (J.D., cum laude). Related
Experience: President Association of Metropolitan Municipalities (AMM); Vice
President Minnesota League of Cities; Vice President Ramsey County League of
Local Governments; St. Paul City Councilmember 1988-1994; St. Paul Port
Authority Commissioner 1988-1991; St. Paul Housing and Redevelopment
Authority Commissioner 1988-1994; St. Paul Civic Center Authority
• Commissioner 1990-1994; Twin Cities Family Housing Fund Board Member;
Special Assistant Attorney General, State of Minnesota (consumer protection
prosecution) 1985-1987; Law Clerk,Hennepin County Attorney's Office(civil and
criminal divisions) 1983-1985; Staff Aide to former St. Paul Mayor George
Latimer 1981-1982. Publications: Legislative Developments in Minnesota
Consumer Law: Faculty, Minnesota Institute of Legal Education's 1987 Consumer
• Law Program. Member: Ramsey County and Minnesota State Bar Association.
Practice: Public finance, public law, local government representation, economic
development and housing.
FLOYD B. OLSON, Admitted to bar, 1963, Minnesota. Education: Gustavus
Adolphus (B.A. 1956, cum laude); William Mitchell College of Law (J.D. 1963);
• University of Minnesota Graduate School, Political Science (1964-1966);
University of St. Thomas (Mini MBA (1991). Related Experience: Deputy City
Attorney, City of Minneapolis (1987-1991); City Attorney,City of Bloomington
(1981-1987);Counsel to the Metropolitan 911 Emergency Telephone Board(1979-
1987);Senior Attorney,Hennepin County Attorney's Office(1968-1981);Certified
• neutral in Alternative Dispute Resolution (1994); Adjunct professor, William
Mitchell College of Law (1966-present). Publications: The Enigma of
Regulatory Takings, William Mitchell College of Law, Vol. 20, No. 2 (1994);
State Decisis in Public Law and Policy, Hamline Journal of Public Law and
Policy, Fall 1989, Vol. 10, No. 2; Municipal Tort Liability, William Mitchell Law
Review, Vol. 13, No. 2 (1987); The Joint Exercise of Powers in Minnesota.,
• Bench and Bar, August 1985; A Requiem to Sovereign Immunity, Bench and Bar,
March, 1984. Ongoing writings of Notes and Trends in Bench and Bar.
Member: Minnesota State Bar Association; Board of Governors, 1984-1986;
Formerly on the Role of the Lawyer in the Future Committee; Formerly on Task
Force on Professionalism; Formerly on Legislative Committee; Former Chair,
State, Local and Urban Affairs Committee; Task Force on Public Lawyers;
• Member, Hennepin County Bar Association; formerly Chair of Local Government
Law Committee; Member and State Chair (1983-1984) of National Institution of
Municipal Law Officers; Bloomington Charter Commission. Practice: Local
government representation.
•
•
•
CURTIS A. PEARSON, born July 31, 1927. Admitted to bar, 1956, Minnesota;
1979 admitted to the U.S. Supreme Court. Education: St. Olaf College (1946-
• 1948); University of Minnesota (B.A. 1950); William Mitchell College of Law
(J.D. L.L.B. and J.D. 1956 cum laude). Related Experience: City Attorney
Brooklyn Park(1963-present); City Attorney Mound (1968-present); Attorney for
Bassett Creek Water Management Commission, Shingle Creek Watershed
Management Commission; West Mississippi and Lower Rum River Watershed
Management Commissions; Partner in Wurst, Pearson, Larson, Underwood &
• Mertz (1980-1995); LeFevere, Lefler, Pearson, O'Brien & Drawz (1960-1980);
Member, Planning Commission, City of St. Louis Park(1960-1968); City Council
Member(1960-1968). Municipal Bond Approving Counsel since 1960. Member:
Hennepin County Bar Association; Minnesota State Bar Association. Practice:
Local government representation, public finance.
• T. JAY SALMEN, born October 9, 1948. Admitted to bar 1973, Minnesota.
Education: University of St. Thomas (B.A., 1970); University of Minnesota Law
School, (J.D. 1973). Related Experience: Panel of Bankruptcy Trustees, District
of Minnesota; former Moot Court Judge, University of Minnesota; former adjunct
Professor of Law, Hamline University Law School. Member: Minnesota State;
American; Ramsey County Bar Association; and Minnesota Trial Lawyers
• Association.
JAMES M. STROMMEN, born in Minneapolis, Minnesota, December 4, 1952.
Admitted to bar 1983, Minnesota; Admitted 1983 U.S. District Court of
Minnesota; Admitted 1993, Ninth Circuit U.S. Court of Appeals. Education:
• Augsburg College (B.A., magna cum laude, 1977); University of Minnesota(J.D.,
cum laude, 1983). Delta Theta Phi. Language: German. Related Experience:
General Counsel, Suburban Rate Authority, 1990-present. Member: Hennepin
County; Minnesota State; and American Bar Associations. Practice: Municipal
and Business litigation, public utilities, and corporate.
• CORRINE H. THOMSON, born in Waterloo, Iowa, June 10, 1957. Admitted
to bar 1983, Minnesota. Education: Wartburg College (B.A., summa cum laude,
1979); University of Minnesota (J.D., magna cum laude, 1983). Related
Experience: City Attorney for Loretto, 1987-present; Attorney for White Bear
Lake Conservation District, 1987-present). Member: Minnesota Women Lawyers,
President, 1994-95, Board of Directors, 1990-present; Hennepin County;
• Minnesota State; and American Bar Associations. Practice: Local government
representation, trials and appeals.
•
•
•
JAMES J. THOMSON, born in Providence, Rhode Island, June 26, 1947.
Admitted to bar 1976, California; 1982, Minnesota. Education: University of
• Notre Dame (A.B., 1969); University of San Diego (J.D., magna cum laude,
1976). Alpha Kappa Delta. [Capt., USMC, 1969-1973]. Related Experience:
Deputy City Attorney, San Diego City Attorney's Office, 1976-1982; City
Attorney, Plymouth, 1986-1992. Publications: Editor-in-Chief, San Diego Law
Review, 1975; Author of Landlord Tort Liability in California 12 San Diego Law
Review 401, 1974; Report of the Municipal Labor Relations Committee," 40A,
• Municipal Law Review 13, 1977. Member: Hennepin County; and Minnesota
State Bar Associations; State Bar of California. Practice: Trials, appeals, and local
government representation.
LARRY M. WERTHEIM, born in Minneapolis, Minnesota, May 29, 1950.
Admitted to bar 1976, Minnesota; 1976, U.S. District Court of Minnesota; 1978,
• U.S. Court of Appeals, Eighth Circuit. Education: University of California at
Berkeley (A.B., 1971); University of Wisconsin (M.A., 1973); University of
Minnesota(J.D.,magna cum laude, 1976). Phi Beta Kappa. Related Experience:
Adjunct Professor of Law, William Mitchell College of Law, 1986-present;
Certified Real Estate Specialist. Publications: Due-On-Sale Clauses in Minnesota
I Minn. Real Est. L.J. 33, 1982; Due-On-Sale Clauses - An Update 1 Minn.
• Real Est. L.J. 81, 1982; Due-On-Sale III: The New Federal Preemption I NW.
Real Est. L.J. 113,1982; Case Comment - American National Bank v. Blaeser 1
Minn. Real Est. L.J. 154, 1983; New Due-On-Sale Regulations, I Nftn. Real
Est. L.J. 181, 1983; Case Comment: Unjust Enrichment Claim of Canceled
Vendee, I Minn. Real Est. L.J. 117, 1984; New Contract for Deed Changes, 55
• Henn. Lawyer 14, Sept.-Oct. 1985; The Decision to Cancel, 43 Bench & Bar 19,
July 1986; Selected Recent Developments in Contracts for Deed. 58 Henn.
Lawyer 6, Sept.-Oct. 1988; Recent Developments in Minnesota Contracts for Deed
60 Henn. Lawyer 8, Jan. Feb. 1991. Member: Hennepin County; and Minnesota
State Bar Associations. Practice: Real estate, and real estate litigation.
• BONNIE L. WILKINS, born in Fargo, North Dakota, October 22,1944.
Admitted to bar 1986, Minnesota. Education: North Dakota State University
(B.A. 1966), University of Minnesota (J.D., cum laude, 1986). ABA Moot Court
Competition Team, 1985. Related Experience: Appellate Advocacy Instructor,
University of Minnesota Law School, 1985-1986; Instructor, Legal Writing,
University of Minnesota Law School 1987-1988. Member: Ramsey County;
• Minnesota State; and American Bar Associations. Practice: Litigation, real estate,
and corporate.
JOE Y. YANG, born December 10, 1968 in Tainan, Taiwan. Admitted to bar
1995, Minnesota. Education: Northwestern University (B.A. 1991); William
Mitchell College of Law (J.D. 1995). Related Experience: Attorney, Guardian
• Ad Litem Program under student practice rules(1993-1995); Prosecution work for
Dakota County, Minnesota. Member: Minnesota State Bar Association. Practice:
Litigation.
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PROPOSAL OF LEGAL SERVICES
• CITY OF SHAKOPEE, MINNESOTA
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• CAMPBELL, KNUTSON,
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• SCOTT & FUCHS, P.A.
• Attorneys at Law
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• CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A.
Attorneys at Law
• Thomas J.Campbell (612) 452-5000 Andrea McDowell Poehler
• Roger N.KnutsonMatthew K.Brokl*
Thomas M.Scott FaX (612) 452-5550
John F.Kelly
Gary G.Fuchs Marguerite M.McCarron
• James R.Walston November 7, 1996 George T.Stephenson
Elliott B.Knetsch *Also licensed in Wisconsin
• Suesan Lea Pace
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• Mark McNeill, City Administrator
• Shakopee City Hall
129 Holmes Street South
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Shakopee, MN 55379
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Re: Proposal for Legal Services
•
• Dear Mr. McNeill:
• Enclosed is our proposal to provide legal services for the City of Shakopee.
• Our firm possesses the experience and expertise to provide high quality service to the
City at an affordable cost.
•
* Competence. We are experienced in all aspects of municipal law. Our pro-
• active approach is designed to achieve our clients' goals and keep them out of
• court.
• * Commitment. Our firm is dedicated to the practice of municipal law. We
have donated countless hours to the League of Minnesota Cities and the
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Association of Metropolitan Municipalities. We serve our clients with fairness,
• honesty and integrity.
• * Communication. We have a reputation of giving clear and concise answers
• to our clients' questions. We will not give you pages of legal analysis when
you need a "yes" or "no" answer with a brief explanation. We will not sit back
• and wait for you to ask questions. We look for potential problems. We will
• update you on changes in the law without inundating you with useless data.
• * Costs. Fees will be kept to a minimum because of our competence and
commitment against overlawyering. We will not litigate an issue for two or
•
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• 44057
• Suite 317 • Eagandale Office Center • 1380 Corporate Center Curve • Eagan, MN 55121
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• three years and then tell you to settle because the case cannot be won. If there
• is bad news, we will tell you about it up front.
• We look forward to meeting with you to discuss our proposal. If you have any
• questions or require any additional information, please contact us.
•
• Very truly yours,
• CAMPBELL, KNUTSON, SCOTT
• & FUCHS, P.A.
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•
Thomas M. Scott
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By: ,
• .i
'4 esan Lea P,ce
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BY v 1LIPE���
• 4."oger N. Knutson
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TMS:jlh
• Enclosures
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44057
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• TABLE OF CONTENTS
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• Page
• SECTION I. QUALIFICATIONS
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A. FIRM BACKGROUND 1
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• 1. Firm Name and Address 1
2. Brief History and General Description of Firm 1
• 3. Support Personnel 2
• 4. Office Organization and Support Capabilities 2
5. Office Location 2
• 6. Financial Capabilities 3
• 7. Current Use of Technology 4
• B. ATTORNEY QUALIFICATIONS 4
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1. Attorneys and Support Personnel Who Will Provide
• Services to Shakopee 4
• 2. Attorney Background 4
a. Relevant Academic Training and Degrees 4
• b. Municipal Experience 4
• C. APPROACH TO SCOPE OF WORK 6
•
• 1. Advisor to City Council, Committees, and Staff 7
2. Improvement Projects 7
• 3. Eminent Domain 7
• 4. Land Use/Development Contracts 8
5. Labor Relations/Employment Law 8
• 6. Contracts/Bidding 9
• 7. Real Estate 9
8. Tax Increment, Economic Development and Redevelopment 9
• 9. Legal Action 10
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• 1
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• D. REFERENCES 10
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1. Cities 10
• 2. Townships 11
• 3. Insurance Defense, Land Use and Zoning 11
4. Housing and Economic Development Authorities 12
• 5. Watershed Management Organizations i2
• 6. Transit Authorities 12
7. Charter Commissions 13
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• SECTION II. FEES
• A. Hourly Rates 14
• B. Pass-through Hourly Rate 15
C. Monthly Billing Statement 15
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• SECTION III. CONFLICTS OF INTEREST
• A. Conflicts 16
• B. Real Estate Developers 16
C. Representation of Cities Bordering on Shakopee 16
• D. Policy on Handling Conflicts 16
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• DISCLOSURES AND ASSURANCES Appendix "A"
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• ATTORNEY RESUMES Appendix "B"
• RECENT MUNICIPAL LITIGATION AND
• CONDEMNATION MATTERS Appendix "C"
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• SECTION I.
• PROPOSAL TO PROVIDE CIVIL LEGAL SERVICES
•
• A. FIRM BACKGROUND
•
• 1. Firm Name and Address
• Campbell, Knutson, Scott& Fuchs, P.A., 317 Eagandale Office Center, 1380
• Corporate Center Curve, Eagan, Minnesota 55121. Telephone: (612) 452-
5000; FAX (612) 452-5550. Contacts: Thomas M. Scott and Suesan Lea
• Pace.
• 2. Brief History and General Description of Firm
•
• Campbell, Knutson, Scott & Fuchs, P.A. was founded in 1986. The founding
partners previously practiced together for many years with another Twin
• Cities firm. We have twelve attorneys. The Firm concentrates its practice
• in municipal law, with over seventy-five percent (75%) of the Firm's income
generated by the representation of governmental clients. All of our attorneys
• are involved in representing our municipal clients. The balance of the Firm's
• practice is principally in the areas of commercial law, banking, real estate and
estate planning.
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• 3. Support Personnel
• Campbell, Knutson, Scott& Fuchs, P.A. employs eight legal assistants, a law
• clerk and a receptionist who assist the attorneys in providing all necessary
• legal and clerical services to our clients.
• Campbell, Knutson, Scott & Fuchs, P.A. has made a commitment to serve
• municipal clients in a timely and cost effective fashion. The high
staff-to-attorney ratio ensures that work product is furnished to clients as
• quickly as possible. We pride ourself on our ability to provide prompt service
• to clients' needs. We have very high standards on acceptable response times.
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• 4. Office Organization and Support Capabilities
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• See organizational chart on Page 3.
• We have developed internal policies which are designed so that our clients
• receive the best possible legal services, quickly and efficiently. The municipal
law attorneys and staff have developed an extensive document and form file
• which saves our clients substantial legal fees. In addition, because the
documents have been modified and refined over the years, our clients do not
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find their actions subject to challenge because of drafting or technical errors.
• We are acutely aware of the special laws, rules, and regulations which apply
to municipalities, and our documents are drafted accordingly.
•
• 5. Office Location
• The Firm is located in Eagan at the intersection of Pilot Knob Road and I-
• 494, providing convenient access to the City of Shakopee and Scott County.
• 6. Financial Capabilities
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• Campbell, Knutson, Scott& Fuchs, P.A. is financially sound, and historically
has carried little, if any, debt. The Firm carries malpractice insurance, with
• a $10,000 deductible, which covers all the Firm legal services.
•
7. Current Use of Technology
•
• Campbell, Knutson, Scott & Fuchs, P.A. has consistently upgraded its
• computer network over the past couple of years. Each attorney and support
person has access to the network from their office or work station. In
• addition, each attorney has desktop access to all West Publishing Company's
Minnesota research materials on CD-ROM. The Firm also has access to the
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Internet. Because there are no connection fees or search charges, the use of
• CD-ROM to access Minnesota research materials saves municipal clients the
• cost of using Westlaw or Lexis to perform computer assisted legal research.
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• B. ATTORNEY QUALIFICATIONS
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• 1. Attorneys Who Will Provide Services to Shakopee
• Each attorney in our Firm is available to provide service to Shakopee in their
• respective areas of expertise. Thomas M. Scott will be the lead attorney for
Shakopee. Suesan Lea Pace will be the deputy city attorney.
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• If selected as Shakopee city attorney, we will arrange a meeting to introduce
our entire staff to the Council and City staff.
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• 2. Attorney Background
• a. Relevant Academic Training and Degrees
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• A resume of each attorney in the Firm is attached as Appendix "A".
• b. Municipal Experience
• THOMAS SCOTT will be the primary contact with the City of Shakopee. He
• has practiced law for 18 years, with his practice concentrated in the areas of
• general municipal law and land use litigation. He spends about 75% of his
time representing cities and other governmental clients. Tom is an assistant
• City Attorney for Plymouth, Burnsville, Lakeville, Chanhassen and St. Louis
• Park, and the principal attorney for Stillwater and Stanton Township. He
handles general municipal matters for all the Firm's municipal clients. Tom
• also handles zoning and land use litigation, assessment appeals and code
• enforcement. In addition to our regular Firm municipal clients, he has
represented the Cities of Lino Lakes, Northfield, Marine on St. Croix,
• Hopkins, Lake Elmo and Lindstrom in land use litigation matters on behalf
• of the League of Minnesota Cities Insurance Trust. Tom has also been
retained by the insurance company for Minnesota Townships to defend various
• matters. In 1994 he was retained by the City of Zumbrota to handle the
• defense of 51 assessment appeals. He also works extensively with the Water
Management Organizations ("WMO") represented by the Firm.
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• SUESAN LEA PACE is the lead Attorney for Prior Lake and is generally
• involved in the Firm's representation of municipal clients. She recently joined
the Firm as a shareholder after practicing eight years with the Popham Haik
• law Firm in Minneapolis. Prior to beginning her law career, she worked in
• Washington, D.C. for two United States Senators where she was involved in
drafting legislation, interpreting federal and state regulations and resolving
• local government and industry's problems with state and federal regulatory
• agencies. Ms. Pace has written and lectured frequently on regulatory,
licensing and land use matters. Over the past eight years Suesan has served
• as Deputy and most recently as St. Louis Park City Attorney. At Campbell,
• Knutson, Scott & Fuchs, Suesan is able to devote her entire practice to work
involving governmental entities.
•
ROGER N. KNUTSON is the lead Attorney for Plymouth, Lakeville,
• Chanhassen, Elko and New Market. He also represents Spring Lake
• Township. Roger is an expert in land use, zoning, employment law and
• general municipal law. He has practiced law for twenty years, with a great
majority of that time spent representing and advising cities. Roger spends
• virtually 100% of his time representing public clients.
• GARY G. FUCHS is the lead attorney for St. Louis Park and an Assistant
• City Attorney for Plymouth, Burnsville, Lakeville and Chanhassen. Gary
handles general municipal, condemnation, land use and real estate matters for
• these cities. Presently, Mr. Fuchs spends about one-half of his time on
• municipal matters.
• ELLIOTT B. KNETSCH is the lead Attorney for Burnsville, Cannon Falls
• and Hampton. Elliott has tried cases for cities involving rezonings, CUPS,
variances, assessments appeals and code enforcement. Elliott spends about
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95% of his time representing cities. In addition to his civil municipal work,
• he is the lead prosecutor for Lakeville, Plymouth and Cannon Falls. He has
extensive background in criminal law and police authority issues.
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• JAMES R. WALSTON is a certified real property specialist. Jim now
handles the full range of real estate transactions for our municipal clients,
• which constitutes over 50% of Jim's practice.
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• THOMAS J. CAMPBELL has been practicing law for over 30 years. He has
• extensive real estate, business and commercial law experience. He has
prosecuted for the City of Burnsville and other municipalities. More recently,
• he attended Burnsville City Council meetings.
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• C. APPROACH TO SCOPE OF WORK
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Campbell, Knutson, Scott & Fuchs, P.A. has the experience and expertise to
• provide Shakopee complete legal services at an affordable price. Our
• attorneys are recognized for their expertise in all areas of municipal law,
including:
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• *land use/development *labor relations
*condemnation *improvement projects
• *zoning *contracts and other governmental agreements
• *economic development *real estate
*litigation *prosecution
• *drafting ordinances *code enforcement
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We are committed to cost effectively achieving excellent results and use all
• of the Firm's resources to the fullest extent possible to reduce the City's costs,
• while still delivering the highest quality legal representation. Shakopee would
be an extremely important client to this Firm. The Firm is large enough to
• provide Shakopee with the highest quality legal services, but not so large that
• the City would get lost between departments and shuffled between attorneys.
• 1. Advisor to City Council, Committees, and Staff
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We believe that communication is essential to a successful attorney-client
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relationship. We are always available to attend meetings or answer questions
• so that we can maintain open lines of communication.
• In representing municipal clients, we regularly attend City Council, Planning
• Commission, Charter Commission, and other committee meetings. We
routinely provide opinions on legal issues faced by our clients, and because
• of our expertise, we can usually answer questions immediately over the
• telephone. On those occasions when research is necessary to answer a
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• question, we have a substantial municipal law brief bank which allows us to
• research and answer questions quickly, accurately, and cost effectively.
• It is our practice to routinely update our clients on new developments in the
• law, as well as new legislation which impacts cities. Examples include the
Dolan v. City of Tigard land use decision, ADA compliance, drug and alcohol
• testing of employees, wetlands regulations and Family Leave law.
• 2. Improvement Projects
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• We are involved with many public improvement projects every year. For
example, we recently worked with Chanhassen to establish utility billing to
• help pay for storm sewer improvements. Our attorneys have experience in
• preparing and assembling transcripts for general obligation bond issues. We
are familiar with all the types of financing available to fund improvement
• projects. We assist City staff throughout the special assessment process to
• ensure compliance with statutory procedures. By working with the City
throughout the process, we minimize the number of appeals. The few
• assessment appeals we have had over the years have resulted in negotiated
• settlements satisfactory to the City or have been upheld in Court.
• 3. Eminent Domain
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• Each year, we are called upon to handle many condemnation cases or to
acquire easements for City projects, including streets, utilities, parks, and
• trails. We have represented our municipal clients at numerous commissioner's
hearings and have an excellent record on appeals to the District Court. Gary
• Fuchs is the only attorney from a private law firm who was asked to be a
• member of the Condemnation Issues Task Force that was formed by the
Attorney General's Office and metro area county attorneys.
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• Recent contested condemnation matters handled by the Firm are set forth in
Appendix "C".
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• 4. Land Use/Development Contracts
• Service to clients in this area includes development contracts, planned unit
• development agreements, and all aspects of zoning law. We work with land
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• development and platting on a daily basis. All new Chanhassen plats are
• reviewed and filed by our office. We have been involved in numerous,
overall revisions of zoning and subdivision ordinances for Cities and
• Townships over the years. We are currently assisting Plymouth with a
• complete rewrite of its zoning ordinance. We have extensive expertise in the
comprehensive planning process. Tom Scott was recently involved in an
• extended drafting and negotiating process on behalf of the Township of
• Stillwater relating to the successful adoption of a phased orderly annexation
agreement and joint planning board with the City of Stillwater.
•
• Roger Knutson was a member of the League of Minnesota Cities Land Use
Legislation Study Committee and is on the Zoning Law Committee of the
• International Municipal Lawyers Association. He has lectured to city officials
• at numerous land use seminars. Elliott Knetsch recently spoke on
development contracts at a legal seminar. In 1996, Tom Scott made a
• presentation to the Minnesota Chapter of the American Planning Associates
• on the Metropolitan Land Planning Act and spoke at a legal seminar on the
regulation of animal feedlots.
•
• 5. Labor Relations/Employment Law
• We regularly advise all our municipal clients in the area of labor relations and
• general employment law. For example, when, as a result of a Supreme Court
decision the wage and hour laws were applied to cities, we promptly advised
• our clients and helped them implement necessary changes. We frequently deal
• with unions in arbitrating grievances. Gary Fuchs has recently tried three
wrongful termination cases, one in federal court and two in state court, all to
• successful verdicts.
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• 6. Contracts/Bidding
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We regularly review and draft contracts for our municipal clients. Projects
• include construction contracts for the Burnsville Maintenance Facility, the
• public/private collaboration in Plymouth for the new Lifetime Fitness health
club, the purchase of fire trucks for Chanhassen and Cannon Falls,
• privatization of the Cannon Falls waste water treatment plan operations, the
• purchase of telephones for Burnsville, the purchase of computers for
Lakeville, recycling contracts for Stillwater Township and Cannon Falls and
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• a model water tower antenna agreement for Prior Lake. We have also
• reviewed and revised our clients' standard bidding documents and services
contracts as needed. We have drafted innumerable joint powers agreements
• for cities and WMOs.
• 7. Real Estate
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• City real estate matters which we have handled include quiet title actions,
initial registrations, proceedings subsequent, acquisition of easements and
• rights-of-way, railroad grade crossing and utility permits, and preparation of
• deeds and related documents for closings, as well as attendance at closings.
• Jim Walston and Gary Fuchs routinely negotiate the purchase of large and
• small tracts of real estate for Chanhassen, Burnsville, Plymouth, Prior Lake
and Lakeville and thereby make condemnation unnecessary for numerous
• projects.
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8. Tax Increment Financing, Economic Development and
• Redevelopment
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• Two of our clients, Lakeville and Chanhassen, have made extensive use of tax
increment financing. Roger Knutson was a speaker on this subject at the
• Minnesota Planning Association's Annual Meeting. Tom Scott recently
successfully defended a lawsuit by the owner of a $17 million office tower in
• Plymouth challenging the City's minimum assessment agreement and
• numerous aspects of the City's TIF practices and procedures. We are also
• familiar with all aspects of municipal financing from Certificates of
Indebtedness to Revenue Bond financing.
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• 9. Municipal Litigation
• The philosophy of our law Firm is to be "pro-active" and prevent lawsuits
• from occurring. We will identify potential issues up-front, and encourage
Shakopee to develop goals and objectives for dealing with the issues. If a
• framework is not in place to achieve the City's goals and objectives, we
• propose ordinance amendments or other measures to give the City the means
to achieve the desired result. By identifying potential problems early and
• discussing the issues with Council, manager and staff, we provide the City the
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• opportunity to prevent confrontation with businesses, developers, landowners
• and residents, which often avoids litigation. We have been very successful in
keeping our clients out of court. If it appears a City action may be
• challenged, we work diligently to prepare a good record and written basis for
• the decision to reduce the chances of a successful challenge.
• Once in court, our litigation track record on behalf of municipal clients is
• second to none. Campbell, Knutson, Scott & Fuchs is privileged to be one
of the few law firms the League of Minnesota Cities Insurance Trust permits
• to represent a City where the Firm serves as City Attorney.
• See Appendix "C" for summary of recent litigation matters handled by our
• Firm.
•
• D. REFERENCES
• (All references are current clients.)
• 1. Cities
• Plymouth Burnsville
• Dwight Johnson, City Manager Greg Konat, City Manager
• (612) 509-5000 (612) 895-4465
Craig Gerdes, Police Chief Mike DuMoulin, Deputy Manager
• (612) 509-5161 (612) 895-4630
• Lakeville Prior Lake
• Robert Erickson, City Administrator Frank Boyles, City Manager
• (612) 985-4401 (612) 447-4230
Dave Martens, Police Chief
• (612) 469-5561
Keith Nelson, City Engineer
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(612) 985-4501
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Chanhassen Cannon Falls
• Don Ashworth, City Manager Dallas Larson, City Administrator
• (612) 937-1900, Ex. 110 (507) 263-3954
Scott Harr, Public Safety Director Bill Schultz, Police Chief
• (612) 937-1900, Ext. 133 (507) 263-2278
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• Hampton New Market
• Kim Doffing, Clerk Jan Seykora, Clerk
(612) 438-7803 (612) 461-3435
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Elko St. Louis Park
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Jean Benci, Mayor Charlie Meyer, City Manager
• (612) 822-2427 (W) (612) 924-2526
• 2. Townships
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• Stillwater Spring Lake
David Johnson, Town Board Supervisor Gene Berens, Town Board Supervisor
• (612) 731-0321 or 439-5448 (612) 447-2781
• Stanton
• Steve Lorentz, Clerk
• (507) 263-4021
• 3. Insurance Defense, Land Use and Zoning
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• League of Minnesota Cities
League of Minnesota Cities Insurance Trust
• Tom Grundhoeffer, Legal Counsel
• Pete Tritz, Director
(612) 281-1200
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• Minnesota Association of Townships
John Dooley, General Counsel
• Troy Gilchrist, Staff Attorney
• (612) 497-2330
• 4. Housing and Economic Development Authorities
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Lakeville Chanhassen
• Robert Erickson, Exec. Director Don Ashworth, Exec. Director
• (612) 985-4400 Todd Gerhardt
(612) 937-1900
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• Prior Lake
• Frank Boyles
(612) 447-4230
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• 5. Watershed Management Organizations
• Credit River Lower Mississippi River
• James Robinette, Chair Bob Simon, Alt. Commissioner
• (612) 469-4431 (612) 450-8704
• Gun Club Vermillion River
• Thomas Colbert, Chair James Robinette, Chair
(612) 454-8100 (612) 469-4431
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Sand Creek Elm Creek
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Clancy Kaiser, Commissioner Judie A. Anderson, Exec. Sec.
• (612) 492-2199 or 492-6081 (612) 553-1144
• Black Dog Lake Pioneer-Sarah Creek
• James Robinette, Chair Mike Dressen, Chair
• (612) 469-4431 (612) 544-8572
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• 6. Transit Authorities
• Plymouth Metro Link
• Dwight Johnson
(612) 509-5000
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• 7. Charter Commissions
•
• City of Plymouth City of Cannon Falls
Dwight Johnson Dallas Larson
• (612) 509-5000 (507) 263-3954
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• SECTION II.
• FEES
•
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• Our hourly rates are competitive with any other firm of comparable
• experience practicing in municipal law. Most importantly, we firmly believe
that we provide on-going legal services to our municipal clients at a bottom-
• line cost substantially less than our competitors. We can answer many of
• your questions without doing extensive research. We provide effective
representation without making mountains out of mole hills. Every new
• municipal client has experienced a decrease in its legal costs after retaining
• our Firm to serve as its City Attorney.
• A. Hourly Rates
• Attorneys
• Thomas Scott $110.00 per hour
• Suesan Lea Pace $110.00 per hour
Roger Knutson $110.00 per hour
• Gary Fuchs $110.00 per hour
• Elliott Knetsch $110.00 per hour
James Walston $110.00 per hour
• Thomas Campbell $110.00 per hour
• Associates $95.00 per hour
• Law Clerks $50.00 per hour
• Legal Assistants
• Sue Nelson $60.00 per hour
• Carole Hoeft $50.00 per hour
Sherry Charboneau $50.00 per hour
• Valerie Kehrer $50.00 per hour
• Robby Tejeda $50.00 per hour
Jessica Williams $50.00 per hour
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• Services rendered are billed according to the actual time incurred, with a
• minimum increment of two-tenths of an hour.
• We would also bill the City for photocopies at $.20 each, Westlaw and long
• distance telephone calls at actual cost, and postage over $.50 at actual cost.
We would not charge for postage under $.50. The City would not be charged
• for any other costs.
• B. Pass-through Hourly Rate
•
• For services rendered which are paid for by developers or from a project
• fund, we would bill our customary hourly rates, which currently range from
$95.00 to $150.00 an hour.
•
• C. Monthly Billing Statement
• We will provide a monthly billing statement which conforms to the
• specifications of the request for proposals.
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• SECTION M.
• CONFLICTS OF INTEREST
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• A. Conflicts
•
• We do not have any conflicts of interest in representing Shakopee.
• B. Real Estate Developers
•
• We do not represent any real estate developers on development applications
to any city.
•
• C. Representation of Cities Bordering Shakopee
• The City of Prior Lake is one of the Firm's clients. The City of Prior Lake
• has a short common border with Shakopee. We do not represent any local
unit of government having jurisdiction within the City of Shakopee.
•
• D. Policy on Handling Conflicts
• At the time a new file/matter is opened, the parties are checked against a
• client list which is generated monthly and distributed to all attorneys. The
• prospective parties are also cross-checked against a list of closed files. This
process has worked effectively in identifying potential conflicts. If a conflict
• is identified, we immediately notify our client and make a recommendation on
• how to proceed. We do not accept representation if a perceived conflict
exists.
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•
•
•
•
• APPENDIX "A"
•
•
•
•
•
• DISCLOSURES AND ASSURANCES
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
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• C
• SF
• APPLICANT ASSURANCES
•
• The applicant hereby assures and certifies:
•
1. That 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 contract.
• 2. In connection with this proposal and any subsequent contract the consultant
• shall 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 and
• 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 (Documentation Attached).
• �--
• Dated: November S , 1996.
• CAMPBELL, KNUTSON, SCOTT
• & FUCH P.A.
•
• By:
T omas M. Scott `W
• Vice President
•
• Official Address:
• 317 Eagandale Office Center
1380 Corporate Center Curve
• Eagan, Minnesota 55121
•
•
•
•
•
• CK
SF
•
•
•
•
•
•
•
• APPENDIX "B"
•
•
•
•
•
• ATTORNEY RESUMES
•
•
•
•
•
•
•
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•
•
•
•
•
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• THOMAS M. SCOTT
•
•
• Education: 1974 undergraduate of the University of Minnesota,
• majoring in Journalism and Political Science.
• Graduated with honors from William Mitchell
• College of Law in 1978.
• Professional
• Memberships: Minnesota State Bar Association; Hennepin County
• and Dakota County Bar Associations; First Judicial
District Bar Association; Sensible Land Use
• Coalition, Citizens League; National Institute of
• Municipal Law Officials.
• Areas of
• Practice: Tom is an assistant City Attorney for Plymouth,
• Burnsville, Lakeville, Chanhassen and St. Louis
Park. He is the principal attorney for the
•
Townships of Stillwater and Stanton. He handles
• general municipal matters for all the Firm's
• municipal clients. He also handles zoning and land
use litigation, assessment appeals and code
•
enforcement. He has recently handled on behalf of
• the League of Minnesota Cities Insurance Trust land
• use litigation matters for the Cities of Lino Lakes,
Northfield, Marine on St. Croix, Hopkins, Lake
• Elmo and Lindstrom. In 1994 he was hired by the
• City of Zumbrota to handle the defense of 51
• assessment appeals.
•
•
•
•
•
•
• C�
•
SF
• SUESAN LEA PACE
•
•
• Education: Hofstra University, 1971. Graduate Studies,
• C.W. Post University, 1971-1972. Juris
• Doctorate degree, University of Dayton School of
• Law, 1985.
•
• Professional
Memberships: Government and Public Sector Lawyers Division
• of the American Bar Association, Administrative
• Law and Local, State and Urban Government
• Sections of the Minnesota State Bar Association
and Ohio State Bar Association.
•
•
• Areas of
Practice: Ms. Pace has broad experience in the public and
• administrative law arenas. Her clients include
• municipal and quasi-government bodies who
• depend on her solid representation in areas
including: land use and zoning, public
•
administration, and economic development.
• Currently, Ms. Pace is the Prior Lake City
• Attorney. Over the past eight years she has
served as Deputy and most recently as St. Louis
• Park City Attorney.
•
•
Presentations: Ms. Pace has written and lectured on regulatory,
• licensing and land use matters. She is a frequent
• speaker at Minnesota Continuing Legal Education
• Programs.
•
•
•
•• CK
SF
• THOMAS J. CAMPBELL
•
•
• Education: Tom graduated from St. John's University in
• 1960, and the University of Minnesota Law
• School in 1963.
•
• Areas of
• Practice: Extensive experience in banking, real estate
• acquisitions, commercial lease negotiations, estate
and fmancial planning, and commercial matters;
• has served as a commercial arbitrator for the
• American Arbitration Association since 1979;
• Previously served as Burnsville City Attorney.
•
• Presentations: Tom has lectured to various groups in Dakota
County on various estate planning matters,
• including revocable (living) trusts, wills and
• insurance trusts.
•
•
•
•
•
•
•
•
•
•
•
•
•
• C�
•
• ROGER N. KNUTSON
•
•
• Education: 1967 honors graduate of St. Olaf College; 1972
• honors graduate of the University of Minnesota
• Law School.
• Professional
• Memberships: American Planning Association, the International
• Municipal Lawyers Association (currently serving
• on the Zoning Law Committee), Minnesota Public
Employer Labor Relations Association, Bar
• Association Sections on Public Law, and Sensible
• Land Use Coalition (Director).
• Areas of
• Practice: Roger is the City Attorney for Plymouth,
• Lakeville, Chanhassen, New Market and the
Township Attorney for Spring Lake. He has
• been retained by numerous cities throughout the
• metropolitan area for special projects.
•
Presentations: Roger has lectured to planning associations, the
•
Minnesota League of Cities, the Minnesota
• Township Association and attorney groups on
• various municipal law topics, including zoning,
tax increment financing, development contracts,
•
and impact fees.
•
• Listing: Roger is listed in the Guide Book to Law and
• Leading Attorneys.
•
•
•
•
•
• CK
• SF
• GARY G. FUCHS
•
•
• Education: Gary graduated from Moorhead State University
• with honors in 1976 and the University of
• Minnesota Law School in 1979.
•
• Areas of
• Practice: Extensive municipal and commercial litigation
• experience, having successfully handled many
jury trials in land use and condemnation cases and
• special assessment appeals as well as
• employment, contract and construction related
• cases.
•
• Professional
• Memberships: Gary is a member of the Civil Litigation and
Construction Law Sections of the Minnesota Bar
• Association, the Condemnation Issues Task
• Force, the Eagan Citizens Crime Prevention
• Association, and is a member of the Dakota
County Bar Association Fee Arbitration
• Committee.
•
•
•
•
•
•
•
•
•
•
• CK
• SF
• JAMES R. WALSTON
•
•
• Education: Jim graduated with honors from the University of
• Nebraska-Lincoln in 1982, majoring in Political
• Science/Public Administration. While at college,
• Jim was enrolled in an independent study program
serving as Assistant City Administrator for a city
• in Nebraska for two summers. Jim attended the
• University of Nebraska Masters Program in
• Business Administration. In 1985, Jim graduated
from William Mitchell College of Law.
•
•
Areas of
•
Practice: Real Estate Law, general Municipal Law,
• Commercial Lending, Creditors Remedies, and
• Corporate Law.
•
• Professional
• Memberships: Jim is certified by the Minnesota Bar Association
as a Real Property Law Specialist and is a
•
member of the American and State Bar
• Association Sections on Real Estate Law and
• Business Law.
•
•
•
•
•
•
•
•
•
• CK0
• 1
• ELLIOTT B. KNETSCH
•
•
• Education: Gustavus Adolphus College 1980, majoring in
• criminal justice. Honors graduate of William
• Mitchell College of Law in 1985.
• Professional
• Memberships: Minnesota State Bar Association; Public Law and
• Criminal Law Sections. Burnsville Chamber of
• Commerce.
• Areas of
• Practice: City Attorney for Burnsville, Cannon Falls and
• Hampton. Assistant City Attorney for Lakeville
and Chanhassen. Extensive background in
• municipal law, including land use planning and
• development, assessment appeals, government
• liability, contracts, employment issues, code
enforcement and litigation.
•
• Lead Prosecutor for Plymouth, Lakeville and
• Cannon Falls.
• Other Public Sector
• Experience: Elliott formerly worked at the League of
• Minnesota Cities, handling defense of claims
against member cities.
•
• Elliott interned with Senator Rudy Boschwitz in
Washington, D. C. in 1979.
•
•
•
•
•
•
• Cv-
• "-SF
• ANDREA McDOWELL POEHLER
•
•
• Education: Andrea graduated from St. Olaf College in 1986,
• majoring in English and Mathematics. She
• graduated with honors in 1991 from William
Mitchell College of Law, where she also served
•
as an editor and staff member of the
• William Mitchell Law Review.
•
• Professional
• Memberships: Public Law Section of the Minnesota
• State Bar Association; Dakota County
Bar Association; Minnesota Women
• Lawyers Association.
•
•
Areas of
• Practice: Before joining the Firm in September,
• 1993 , Andrea clerked for the
• Honorable Jack Davies of the
Minnesota Court of Appeals. Andrea's
• practice is concentrated in the areas
• of general municipal law, land use
• and employment law.
•
•
•
•
•
•
•
•
•
• CK
• SF
• MATTHEW K. BROKL
•
•
•
Education: Matt graduated with honors from Saint Cloud
• State University in 1988, majoring in Political
• Science and Mass Communications. He
• graduated with honors from the University of
Minnesota Law School in 1991. Matt is licensed
• in Minnesota and Wisconsin.
•
• Legal
• Experience: Assistant Prosecutor for Plymouth, Lakeville,
•, Chanhassen and Cannon Falls. Matt is also
• practicing in the areas of general municipal law,
civil litigation and real estate matters. He
• previously practiced in the areas of civil litigation
• and prosecution in the Duluth/Superior area.
Matt acted as assistant prosecutor for Two
•
Harbors and Hermantown.
•
•
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•
•
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•
• CK
• SAF
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•
•
• APPENDIX "C"
•
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•
•
• CK
• SF
•
• RECENT MUNICIPAL LITIGATION MATTERS
•
• Description
Client Insurance of Matter Result
• Lakeville None Citizens action to enjoin Won; injunction
• construction of water tower denied, no appeal
• Lakeville LMCIT Legal challenge to billboard Won on summary judgment
removal ordinance motion; upheld on appeal
•
Burnsville LMCIT Legal challenge to Won on 2 of 3 issues
• denial of plat application before District Court;
we appealed on 3rd issue;
• won that issue on appeal
• Burnsville, Lakeville &
Credit River Township None Citizens claim to secede Won on summary judgment
• from City & Township motion; appeal time expired
• Hopkins LMCIT Challenge denial of CUP Settled to City's satisfaction
• Lino Lakes LMCIT Challenge to denial of Won on summary judgment
billboard application motion; appeal time expired
• Greenvale Township Coregis Challenge to permit denial Case pending
• Chanhassen None Environmental rights lawsuit Tried to Court for 8 days;
• challenging street project won, upheld on appeal
• Burnsville LMCIT Inverse condemnation claim Won on summary judgment
relating to construction motion; upheld on appeal
• of street median
• Marine on St. Croix LMCIT Challenge to denial of Won before District Court;
residential development application no appeal
•
Cannon Falls None Action to enjoin nuisance Won in District Court;
• (40 junk vehicles) no appeal
• Chanhassen None Action to enjoin nuisance Won in District Court;
(contractor's yard) no appeal
0
Lake Elmo LMCIT Claim of selective enforcement Mediated settlement
•
of zoning ordinance
• Northfield LMCIT Lawsuit by one City Council Member Mediated settlement
• against other Council Members on
voting issues
0
0
•
• C�
•
•
S4
Stanton Township Northland Challenge to Town's ordinance Won on 3 of 4 issues;
Insurance regulating animal feedlots Appeal on 4th issue pending
• Plymouth LMCIT Challenge to denial of variance Won on summary judgment
in District Court; Property
owner's appeal pending
Lindstrom LMCIT Challenge to award of design Won in District Court on
building contract summary judgment
Prior Lake LMCIT Challenge to award of contract Won in District Court on
•
summary judgment; Appeal
•
• pending
Plymouth None Challenge to City's Minimum Won in Tax Court;
••
Assessment Agreement and Appeal dismissed
TIF procedures
S
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•
RECENT CONDEMNATION MATTERS
•
•
Description
• Client of Matter Result
• Lakeville Condemnation of right-of-way City's appraisal - $70,000. Land
for 185th Street. owner's appraisal - $127,000.
• Court-appointed Commissioners
awarded $70,000. Land owner
• appealed. Following trial, jury
• awarded $63,000.
• Chanhassen Condemnation of holding pond City's appraisal - $560,000. Land
and storm sewer easements. owner's appraisal - $2.7 million.
• Court-appointed Commissioners
awarded $965,000. Land owner
• appealed. City offered to settle for
$1.2 million. Following trial, jury
• verdict for $900,000.
• Chanhassen Condemnation for right-of-way Settled, apartment building and
of concrete ready mix plant, restaurant at City's appraised values.
• apartment building and City's appraisal of ready mix property
restaurant property. - $430,000. Land owner's appraisal
• reported to be $2.4 million including
loss of business value. Held trial on
• land owner's right to claim loss of
business value. Court found land
• owner had no right to claim loss of
business value. Settled
• condemnation for$530,000 including
all relocation costs, fees, interest,
etc. Land owner was also required
to remove underground tanks and
• contaminated soil under PCA
guidelines.
•
•
•
•
•
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1
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1
PROPOSAL FOR CITY ATTORNEY
' GENERAL LEGAL SERVICES
FOR THE
' CITY OF SHAKOPEE
PROPOSER: GRANNIS, GRANNIS, HAUGE,
EIDE, ANDERSON & KELLER, P.A.
Suite 200
1 1260 Yankee Doodle Road
Eagan, MN. 55121-2201
456-9000
' November 8, 1995
' Contact Persons: David G. Keller
Kevin W. Eide
Vance Grannis, Jr.
I
•
1
TABLE OF CONTENTS
Page
' A. Firm Background 3
1. Name 3
2. Address, Telephone and FAX numbers 3
' 3. General background 3
4. Qualifications Related to Requested Services 4
5. Lead Attorney General Legal Services 6
1 6. Number of attorneys 7
7. Number of paralegals 9
8. Support personnel 9
' 9. Organization 9
10. Law library 9
' B. Attorney Qualifications 10
1. Individuals to provide services 10
2. Relevant Education and Experience 10
3. Stability and continuity of firm 10
4. 1994 municipal work 11
C. Basis for Compensation 11
1. Billing rates 11
' 2. Billing statements 12
D. References 12
E. Conflicts of Interest 13
1. Conflict with any other client 13
2. Representation of neighboring municipalities 13
' 3. Identifying and avoiding conflicts 13
APPENDIX
a. Resumes of Attorneys
b. Organizational Chart
1
I
I ,
I ,
FIRM BACKGROUND
1
FIRM NAME:
' GRANNIS, GRANNIS, HAUGE, EIDE, ANDERSON & KELLER, P.A.
ADDRESS, TET,EPHONE AND FAX NUMBERS:
Address: 1260 Yankee Doodle Road
Suite 200
Eagan, MN. 55121-2201
' Telephone: 456-9000
Fax: 454-4232
GENERAT.BACKGROUND:
On January 1, 1990, Hauge, Eide, Anderson& Keller, P.A. merged with four
attorneys of Grannis & Grannis, 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 Metropolitan
Area. The attorneys have provided legal services to the Cities of Eagan, Savage, Burnsville,
Chanhassan, Lakeville, Farmington, Rosemount and Inver Grove Heights.
' Currently, the firm provides prosecution services for the cities of Burnsville and Eagan
and civil legal services and part time prosecution 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 negotiate or litigate cases with the city's
best interest in mind.
1
r 3
1
The firm Y enJluxury enjoys the of having eleven very experienced attorneys allowing
specialization in other areas including tax, probate, family law, employment, bankruptcy,
personal injury, real estate, business, condemnation and estate planning. There are five
partners, three 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.
' The lead attorney would be happy to have regular office hours in Shakopee on
whatever basis the City requires. The firm is presently considering a satellite office in
northern Scott County. Dave Keller already spends Wednesday afternoons in Savage as part
' of his representation of that City. Each of the lead attorneys has a cellular phone and home
computers to insure prompt delivery of services.
' QUATJFTCATTONS RELATED TO REQUESTED SERVICES:
As indicated above, the firm has always specialized in municipal representation. The
' resumes of all attorneys who will serve Shakopee 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. and Paul H.
Hauge have all acted as city attorneys regularly attending meetings of the councils,
commissions or boards. Shakopee would never be lacking for an experienced attorney at any
meeting should the lead attorney become unavailable for any reason. Unlike some of the
competing firms in this area, no attorney in the firm has responsibility for more than one
municipal client. Vance Grannis, Jr. and Paul Hauge are not responsible for any municipal
client and stand ready and willing to provide the kind of support they have provided to Dave
Keller in representing the City of Savage.
' It is standard policy to review agenda packets in advance of 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. We believe you can verify with your present
' City Administrator, your former City Engineer and the Savage City Administrator, that we
have maintained open lines of communication, made good proactive suggestions, responded in
a timely manner and most importantly maintained the type of relationship with staff that
' encourages positive action on behalf of the city. The attorneys are always willing to meet with
staff or council members on short notice to provide updates on litigation, law changes and
training.
1
4
r
Our attorneys have had extensive experience providing all of the services described in
the Required Legal Services section of the Shakopee RFP. Dave Keller, Vance Grannis, Jr.
' and Paul Hauge have all coordinated legal actions involving defense by insurers including the
League of Minnesota Cities Insurance Trust. Each attorney, as well as Kevin Eide and Mike
' Mayer have defended municipalities with regard to the denial of 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
1 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.
' 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 $20,000 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 been developed as a result of these cases. The firm
' has handled approximately 300 assessment appeal cases in the last four years and has
experience in the preparation of bond transcripts.
The attorneys have very recent first hand experience with the difficulties associated
with the installation of trunk lines into the Savage 2700 acre MUSA expansion area. This
experience with the residents, staff and Scott County courts will be invaluable to Shakopee
avoiding the need to "reinvent the wheel". In addition, in the last five years attorneys have
addressed medical waste treatment facilities, radio towers, cellular and PCS towers, county
road extensions, and various environmental issues including Eagle Creek, Credit River and the
Savage Fen.
The firm's staff has years of experience drafting ordinances, development contracts,
planned unit development agreements, miscellaneous tax and assessment agreements,
easements, purchase agreements, etc. Cities the firm has represented have utilized industrial
revenue bonds and tax increment financing with the help of the firm's attorneys.
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.
' Municipal clients are provided with copies of and comments regarding new case law and
legislation.
1
1 5
As prosecution attorneys 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 buildings, 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.
Kevin Eide and Mike Mayer have been providing prosecution services to the Cities of
' Eagan and Burnsville for 15 years and 11 years, respectively. Because of their experience,
Dave Keller has called on them whenever the need has arisen to provide responses to Chief
Gordon Vlasak in Savage for the various nonprosecution issues such as representation of an
1 officer at a deposition conducted to challenge the Implied Consent Driver's License
Revocation.
' The firm has become more involved in employment law issues in part due to necessity
when an employment law specialist became unresponsive. The city in question successfully
' dismissed a long term employee and obtained very favorable LMCIT reimbursement. Two
attorneys in the office, Mike Mayer and Mike Dwyer, practice in the area of Worker's
Compensation. However, the city's Worker's Compensation insurance carrier usually appoints
outside counsel for disputes over Worker's Compensation benefits.
While the firm does not act as bond counsel, attorneys in the firm have significant
' experience preparing bond transcripts and working with various bond counsel.
LEAD ATTORNEY GENERAL LEGAL SERVTCES:
1 The firm is proposing David G. Keller as lead attorney for general legal services for
the City of Shakopee. As lead attorney he 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 five years
he has been the city attorney for the city of Savage. The Savage City Council meets on the
first and third Mondays of the month. Thus he has no conflicts with meeting times.
As indicated above, Dave's practice started with and continues to be concentrated in the
area of municipal law which presently and for the last five years has consumed 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 attorney's office. During
the 1980s he spent as much as 70% of his time acquiring easements, conducting condemnation
6
1
i
actions, defending assessment appeal cases, and authoring ordinances for the Cityof 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 included
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 Fagan, 393
N.W.2d 526, (Minn. App. 1986) where the trial court reduced the $27,043.37 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 Hastings. As the
assistant city attorney for 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 the adult uses ordinance and
' rewritten the subdivision and liquor ordinances. In Savage, he has handled approximately 130
assessment appeal cases. Five were eliminated by a successful motion against the joinder of
58 cases involving existing single family homes with private systems. 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 of these 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. This information has helped the City of Savage recently settle
approximately 50 assessment appeal cases involving existing single family homes and vacant
lots at $12,000 per home and $17,200 per vacant lot.
' Dave has made numerous appearances before boards of condemnation commissioners
and appealed 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 including environmental review.
' NUMBER OF ATTORNEYS:
Grannis, Grannis, Hauge, Eide, Anderson& Keller, P.A. presently has 11 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
7
1
questions which is encouraged in the office among the attorneys experienced in various areas
of the law.
Vance B. Grannis, Jr. has been practicing law for over 36 years. His municipal
experience began in 1961 as attorney for the Town of Burnsville. With his father, Vance B.
i Grannis, Sr., 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 Court and State District Courts, as well as juries in virtually all areas of
municipal law. Vance is also trained and experienced as a mediator and arbitrator. He has
authored numerous land use ordinance amendments, as well as Comprehensive Guide Plan
amendments. While his municipal representation has been reduced in the last five years, he
continues to provide backup to Dave Keller on an almost daily basis and has attended various
meetings in Dave's place and handled specific issues from time to time. In addition, a
significant amount of his work has involved assessment appeals and condemnations from the
landowners perspective.
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
I . complex land use litigation. Paul has been an invaluable resource for Dave Keller and is able
to step in at any time.
In addition to his position as the lead prosecution attorney for Eagan, Kevin Eide has
provided expertise in various issues of the City of Savage. Most recently he is involved in
litigation regarding the connection of public utilities to a commercial facility with questionable
waste handling practices adjacent to Eagle Creek, purported to be one of the few remaining
viable trout streams in the Metro area.
Michael Mayer has handled condemnation cases and has performed all zoning
enforcement for the City of Burnsville since 1990. He has been responsible for prosecution
for the City of Burnsville since 1987.
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, who specializes in real
estate, has used his expertise to assist in municipal matters and has been a member of a
' planning commission. Michael 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.
1 8
NT'MUM OF PAR AT,FGAT S:
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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.
' SUPPORT PF,RSONNET,:
Five 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 prepared for municipal clients
and is able to respond to many types of questions directly or track down Dave or Vance, Jr.
for prompt responses to the City.
' ORGANT7ATTONAT, CHART:
' 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. Kevin Eide will be responsible
for all police requests and provide backup along with Vance Grannis, Jr. and Paul Hauge.
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 civil attorney is out of the office, the call is
transferred to Sylvia Kelly who will direct the call to Vance Grannis, Jr., Paul Hauge or Kevin
' Eide.
' LAW T,TRRARY AND RF,SFARCH:
Information is vital to any type of legal representation. The firm's law library is fully
' 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, many volumes of Continuing
Legal Education manuals and the Update for Municipal Attorneys from Governmental Training
9
Services for over ten years. General but essential materials such as Northwestern Reporter,
Minnesota Digests, Dunnell's Minnesota Digest, Minnesota Attorney General Opinions,
United States Supreme Court Reporter, 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 and internally maintain reference files of legal
opinions prepared for cities, thereby reducing research time in many situations.
' Each of the attorneys in the firm are very capable of performing his or her own
research. However, to ensure prompt and cost effective responses (the same day if necessary),
the specialized knowledge of each attorney is known and called upon by any other attorney.
' The paralegals and one or more law clerks (law students) are also utilized with the direction
and supervision of the responsible attorney.
ATTORNEY QUALIFICATIONS
INDIVIDUALS TO PROVIDE SERVICES:
Attorneys: David G. Keller
' Vance B. Grannis, Jr.
Kevin W. Eide
' Paul H. Hauge
Michael J. Mayer
Edward C. Tischleder
Barry L. Wittenkeller
Paralegals: Charlene Danich
Ruth Stensgard
Secretaries: Sylvia Kelly
Lori DeLong
Jennifer Heimkes
Julie Shogren
RELEVANT EDUCATION AND EXPERIENCE:
' The resumes of all attorneys who will or may serve Shakopee are attached. The
academic background as well as prior municipal experience is described for each attorney.
1
STABILITY AND CONTINUITY:
' In 1989, the attorneys in the firm recognized the opportunity to merge two firms
' 10
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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 cities such as Shakopee since the merger on January 1, 1990. None of the attorneys
regularly involved in municipal representation has been with the firm less that 13 years. Most
of the municipal attorneys have spent their entire careers with the finn. The firm has
experienced exceptional stability allowing for continuity of legal representation.
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MUNICIPAL WORK AS A PERCENTAGE OF RECEIPTS:
In 1994 legal fees from municipal clients represented 39% of total receipts.
BASIS OF COMPENSATION
' -BIT.T ING RATES:
' The billing rate for the lead attorney would be $95 per hour. Other attorneys will be
billed at a lower rate 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.
Compensation on an hourly basis has been the standard for the firm. Standard rates for
' the various attorneys in the firm range from $95 to $185 per hour. These rates would be
applied to costs 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 in the firm are confident with the experience and background
they have, that the City of Shakopee will experience a substantial savings in legal fees barring
a sudden and substantial increase in litigation.
' Law clerk time will be billed at$50 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.
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.
Each individual's telephone automatically displays the time for each call.
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There will be no charge for travel time to City Hall. Travel time to and from court is
usually charged on a one way basis. Long distance telephone calls are charged at their actual
rcost. Photocopying is charged for multipage documents only. A client code when using
Westlaw allows billing actual cost to clients.
BIT.T JNCT 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
1 to indicate the following categories: general, council meetings, parks, 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.
' REFERENCES
MUNICIPAL CLIENTS:
Savage:
Stephen P. King
City Administrator
882-2660
David E. Hutton
' City Engineer
882-2670
' Gordon Vlasak
Chief of Police
882-2600
Thomas Hedges
es g
City Administrator
681-4600
' Patrick Geagan
Chief of Police
681-4700
•
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Burnsville:
Barbara Anderson
City Planner
895-4600
CONFLICTS OF INTEREST
' CONFLICT WITH ANY OTHER CLIENT:
The attorneys of the firm are not presently aware of any clients involved in a dispute
with the City of Shakopee. The firm does not represent any developers in this area.
' REPRESENTATION OF NEIGHBORING MTJNICIPALITIFS:
' The firm presently provides civil legal services to the City of Savage. In the over five
years of representation of Savage there has never been a conflict with Shakopee. If a conflict
did develop the issue would simply be referred to other municipal law firms on a case by case
basis.
IIDENTIFYING AND AVOIDING CONFLICTS:
It is not difficult to avoid conflicts between clients and the City of Shakopee 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.
Respectfully submitted,
P Y
GRANNIS, GRANNIS, HAUGE, EIDE,
ANDERSON & KELLER, P.A.
' BY: et
David G. Keller
1 BY: A r i
Al4P
1 I p 1Pr I I I 1•7;,„
BY.
Vance B. Grannis, Jr.
13
IIAPPENDIX "A" .
' DAVID G. ':ELLER
IEducation:
Graduate of the University of Minnesota Law School in June,
II 1980. Admitted to the Minnesota Bar in October, 1980 and the
Federal Dis trict Courts.
1 (
II Legal Experience:
1 General
David has practiced within the City of Lagan for all but a brief
period since his admission to the Bar in 1980. Throughout his
I 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: •
1, The main area of his practice has been municipal, and civil
practice, including the representation of contractors and
homeowners associations.
ICity Exerience:
I
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
Ibeen 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
II Planning Commission meetings and Special Assessment hearings.
Finally, Dave has prepared numerous legal memoranda for the
City, has represented the City before the District Court, the
ICourt of Appeals and the Minnesota Supreme Court.
In 1990 and 1991, he performed similar services for the City of
Burnsville. For the last five years, he has been the lead
IIattorney for the City of Savage. .
Memberships and Associations:
I - Member of the Minnesota Bar Association, Dakota County Bar
Association and First District Bar Association;
- Former 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;
•1
DANCE B. GRANNIE, SR.
' 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 Cour_ of Appeals
Iand the United States Supreme Court.
Legal Experience:
General
Experience in civil litigation, criminal defense, probate, real
estate, estate planning, dissolution, personal 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.
inthead States Supreme
Appellate experience has been United
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
Vance has specialized in areas of construction litigation,
corporate and municipal law.
1�
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;
- Director Minnesota Valley Humane Society;
_ Director Carpenter Nature Center. .
Director International Wild Waterfowl Association
•
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IIPAUL H. BAUGE
IEducation:
II Graduate of the University of Chicago Law School in March, 1961.
Admitted to the Minnesota Bar in October, 1961 and the Federal
District Courts.
1`
Legal Experience:
II 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
Iand then Eagan City Attorney from November, 1972, at about the
time Eagan became a Village, until May, 1988 .
•
I( Concentrations
Paul's main areas of his general practice have been real estate,
business, probate and municipal law.
II
Miscellaneous Experience: .
1 Paul has acted as special counsel for the Metropolitan Waste
Control Commission in acquiring easements, has represented
clients before many City Councils, Planning Commissions and
II other administrative boards throughout_the metropolitan area.
He has also acted as hearing examiner for school district
termination cases.
Memberships and Associations:
I
- Served on Board of Directors and as Secretary for certain
client corporations;
- Member and former Chair of the Minnesota Bar Association;
I - Member for 15 years of the First District Bar Association
Ethics Committee;
- Member Hennepin and State of Minnesota Bar Association;
Board member of the Eagan Lions Club for about 13 years;
- Former President of the Eagan Exchange Club;-
Board member and former President of the Northern Dakota
II County Chmher of Commerce and the Eagan Chamber of Commerce;
- Board member of Dakota, Inc. ;
- Former church President and served on many church committees;
- Acted in legal advisory positions for numerous churches and
I
charitable organizations in the Dakota County area.
r
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IIKEVIN 7. EIDE
I
Education:
Cum Laude Graduate of Wi1iiam Mitchell College of Law, December,
1973 . admission to the Bar of the State of Minnesota in April,
1979, and the Federal District Court, District of Minnesota.
'
I .r
Legal Experience:
I 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 Ear AssociaII t?on.
Additionally, he has experience at all levels of criminal
defense work, including misdemeanor and felony cases. Kevin has
practiced in the City of Eagan since being admitted to the Bar
IIin 1979 . He has represented Plaintiffs in numerous personal
•
i injury, construction claims and commercial litigation and has
IIrepresented self-insured defendant businesses.
Concentrations real
I in Kevin has specialized in all areas of trial work and
estate.
IMemberships and Associations:
- Member and former Officer - Dakota County Bar Association;
II - Former 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
IIChartering Sponsor of the Eagan Rotary Club.
I
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MICHAEL X. MAY
Education:
Cum Laude Graduate of St. Mary's College, 1981. -
Graduate of Hemline University School of Law, /985, Law Review.
IrAdmitted to practice in all Minnesota State Courts as well as
Federal Court.
Legal Experience:
' General
Experienced in civil litigation including personal injury,
worker's compensation, dissolution, construction litigation and
municipal law. Also experienced in felony and misdemeanor
criminal defense.
Concentrations
Mike has concentrated his efforts in criminal prosecution,
personal injury/worker's compensation and construction law.
•
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:
Board of Governors - Dakota County Bar Association
' Appointed to Community Corrections Advisory Board by Chief Judge
George Hoey
First Judicial District Juvenile Public Defender
I
•
•
BARRY L. FTTTTELLER
Education:
' Graduate of DePaul University with Bachelor of Arts Degree in
Political Science. Graduate of Hemline 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:
4
' General
Member of Planning Commission, City of Burnsville, 1989 - 1990;
Barry is currently on the staff of the Minnesota Center for Real
Estate and Housing Education/St. Cloud State 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.
Memberships and Associations:
' - Member of the Minnesota Bar Association, Dakota County Bar
Association and First District Bar Association;
Member of American Arbitration Association;
Referee for Hennepin County Conciliation Court.
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'1
WARD R. ANDERSON
' Education:
Cum Laude graduate of the University of Minnesota Law School in
June, 1980 . Admitted to the Minnesota Bar in October, 1980, the
United States Tax Court and Federal District Court.
1
Legal Experience:
'
General
Ward has had experience in almost eleven years of private legal
practice, including most areas of business, tax and real estate
law. Ee has extensive experience in the area os 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
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•
•
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DS+r?.RD C. TISCELZDER
II
IEducation and Admissions:
Graduate of the University of Minnesota (1962) and y,;; T1 ;,m
II Mitchell College of Law, St. Paul, Minnesota (1967) .
Admitted to the practice of law in Minnesota, October, /967 .
Also admitted to practice in U.S. District Court (District
I of Minnesota) , U.S . Court of Appeals for the 3th Circuit and
U.S. Supreme Court.
•
ILegal Exnerience:General
G from was a casualty claims adjuster 1962 to January 1963 ,
I
originally with Allstate Insurance Company and later with
United States Fidelity and Guarantee Co. (USFSG) . In
January 1963, he became employed as Assistant City Attorney
II for theCityMinnesota. In August 1971, Ed
of Bloomington,
entered the private practice of law. He has been in private
general practice continually from August 1971 to the
II present.
Concentrations
Ed's main areas of practice are real estate, corporate and
r injury small business, probate, wills, personal and
bankruptcy.
Memberships and Associations:
I - Member of Hennepin County and Dakota County Bar
Associations and Minnesota Bar Association.
- Member of the Real Estate Section of the Hennepin County
Bar Association.
- Arbitrator for American Arbitration Association and
II r -
Hennepin County District Court.
Referee for Hennepin County Conciliation Court.r
- Instructor - real estate classes Minnesota school of
Real Estate for ten years.
II - Various civic and other organizations, including:
▪ Past president of Bloomington Athletic Association
. Board of Directors of Bloomington Athletic
I
Association.
• Officer of Marian Council Knights of Columbus,
Bloomington, Minnesota.
American Legion - Post 550, Bloomington, Minnesota.
II ▪ Past member of Parish Pastoral Council Nativity of
Mary Church, Bloomington, Minnesota. (Also served as
lector, CCD instructor, and on various boards and
I
commissions for the past 30 years) .
I
II .
tAPPENDIX "B"
1 wUniC-nal_ty
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the nai_z avenues of work flow. The
1 The solid lines i:,dicate to
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,- flow for specific matters, after dashed lines indicate work efficiency
1llII.I.11..l..II.l..lI7.IIl.....lI.l...IllI..II.IIl..7;Inln.II.IlII.III.lII.m.'"'.°'..i "u'.w'.-------
Irelationship has been established, which would e:caa.nCa the _
and cost-effectiveness of our supply of services.
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