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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 MM:tw 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: • 3 • 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. • 4 • 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. • 5 • 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. • 6 • 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). • 7 • 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 • 8 • 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. • 9 • 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 • 10 • 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. • • 11 • 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. • 12 • 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 • i • • 18 • • • • ATTACHMENTS • • • • • • • • • • • 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. • • • • • • • • � PROPOSAL OF LEGAL SERVICES • CITY OF SHAKOPEE, MINNESOTA • • • • • • • • • CK • SF• • • • CAMPBELL, KNUTSON, • • SCOTT & FUCHS, P.A. • Attorneys at Law • • • • • • • • 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 • • Mark McNeill, City Administrator • Shakopee City Hall 129 Holmes Street South • Shakopee, MN 55379 • 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 • 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 • • • 44057 • Suite 317 • Eagandale Office Center • 1380 Corporate Center Curve • Eagan, MN 55121 • • • • 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. • • Thomas M. Scott • By: , • .i '4 esan Lea P,ce • BY v 1LIPE��� • 4."oger N. Knutson • • TMS:jlh • Enclosures • • • • • • • • • • 44057 • • • • • • TABLE OF CONTENTS • • Page • SECTION I. QUALIFICATIONS • A. FIRM BACKGROUND 1 • • 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 • 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 • • • • • 1 • • • • D. REFERENCES 10 • 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 • • SECTION II. FEES • A. Hourly Rates 14 • B. Pass-through Hourly Rate 15 C. Monthly Billing Statement 15 • • 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 • • • DISCLOSURES AND ASSURANCES Appendix "A" • • ATTORNEY RESUMES Appendix "B" • RECENT MUNICIPAL LITIGATION AND • CONDEMNATION MATTERS Appendix "C" • • • • • • • ii • • • CK • S11 • • 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. • • 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. • • -1- • • • • SF • 4. Office Organization and Support Capabilities • • 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 • 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 • • 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 • 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. • • • • -2- • • • x �'1 cic L. • ,Q • 73 Za ! u • L • x o E-+ 2 L Uc a E. ac ,...1 0w a, 0 • Lz., c 0 [ ir. • � -aQ- W I x • Wa4 v c • a Q E.y oZ.3 • g I • 10 U - • Li) W o (5 � • *4u 4 x • 4 • p • p.m �� , C--� o LV i •F21 • ` aC°i acs J • O --1 o z - N 0 7113 F • ® �. o • a a= a • W / —w a as • W ;, at a7 CO 0.i "' d H N V • x � -' • O pg O • Inl, • • • • C • SF • B. ATTORNEY QUALIFICATIONS • • 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. • • If selected as Shakopee city attorney, we will arrange a meeting to introduce our entire staff to the Council and City staff. • • 2. Attorney Background • a. Relevant Academic Training and Degrees • • 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. • • • • -4- • • CK • SF • 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 • 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. • • 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. • • • • -5- • • • CTZ • SF • 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. • • C. APPROACH TO SCOPE OF WORK • 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: • • *land use/development *labor relations *condemnation *improvement projects • *zoning *contracts and other governmental agreements • *economic development *real estate *litigation *prosecution • *drafting ordinances *code enforcement • 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 • We believe that communication is essential to a successful attorney-client • 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 • • -6- • • • Cir • SF • 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 • • 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 • • 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. • • Recent contested condemnation matters handled by the Firm are set forth in Appendix "C". • • 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 • • -7- • • • C • 'OF • 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. • • 6. Contracts/Bidding • 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 • • -8- • • • • SF • 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 • • 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. • 8. Tax Increment Financing, Economic Development and • Redevelopment • • 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. • • 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 • • -9- • • • CK • SF • 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 • (612) 985-4501 • 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 • • -10- • • • CK SF • • Hampton New Market • Kim Doffing, Clerk Jan Seykora, Clerk (612) 438-7803 (612) 461-3435 • Elko St. Louis Park • Jean Benci, Mayor Charlie Meyer, City Manager • (612) 822-2427 (W) (612) 924-2526 • 2. Townships • • 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 • • League of Minnesota Cities League of Minnesota Cities Insurance Trust • Tom Grundhoeffer, Legal Counsel • Pete Tritz, Director (612) 281-1200 • • Minnesota Association of Townships John Dooley, General Counsel • Troy Gilchrist, Staff Attorney • (612) 497-2330 • 4. Housing and Economic Development Authorities • Lakeville Chanhassen • Robert Erickson, Exec. Director Don Ashworth, Exec. Director • (612) 985-4400 Todd Gerhardt (612) 937-1900 • • • -11- • • • CK • SF • Prior Lake • Frank Boyles (612) 447-4230 • • 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 • Sand Creek Elm Creek • 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 .• • 6. Transit Authorities • Plymouth Metro Link • Dwight Johnson (612) 509-5000 • • 7. Charter Commissions • • City of Plymouth City of Cannon Falls Dwight Johnson Dallas Larson • (612) 509-5000 (507) 263-3954 • • • -12- • • • CK • SF • • SECTION II. • FEES • • • 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 • • • -13- • • • C • SF • 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. • • • • • • • • • • • • • • • -14- • • • CK • SF • SECTION M. • CONFLICTS OF INTEREST • • 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. • • • • • • • -15- • • • • OF C� • • • • • • • • APPENDIX "A" • • • • • • DISCLOSURES AND ASSURANCES • • • • • • • • • • • • • • • • • 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 • • • • • • • • • • • • • • • • • C� • SF • 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. • • • • • • • • • • • • • • • CK • SAF • • • • • • • • • • • • APPENDIX "C" • • • • • • • • • • • • • • • • • • • 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 • • • S S I S • • • • • • I I I I I I • C • SAF • 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. • • • • • • • • 1 1 I 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: I 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 1 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. 1 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. 1 ' 11 111 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 • ' 12 1 1 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 • '' 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 i . I , 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 i I I I 1 • 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. 1 1 '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 1 1 • • 1 1 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) . 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