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010799 CC Ws AgPCITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL WORK SESSION COUNCIL CHAMBERS THURSDAY, JANUARY 7, 1999 5:00 P.M. The City Council will convene in Executive Session immediately following the interviews and work session to review the Administrator's performance. AGENDA 1. CONVENE CITY COUNCIL MEETING A. Roll Call Mayor Love Stover Garfunkel Lizee Zerby B. Review Agenda 2. 5:00 P.M. COUNCIL WILL CONVENE IN THE COUNCIL CHAMBERS TO COMMENCE INTERVIEWS FOR CITY ATTORNEY APPOINTMENT APPROXIMATELY 7 :30 P.M. - ITEMS 3 THROUGH 6 TO BE REVIEWED 3. DISCUSSION IN PREPARATION FOR APPOINTMENT RESOLUTION — DIRECTION TO STAFF (Att. -#3 Draft Resolution), 4. DISCUSSION SIZE AND MAKEUP OF PLANNING COMMISSION — DIRECTION TO STAFF (Att. -#4 Draft Ordinance) 5. DISCUSSION ON RECONSIDERATION OF A RESOLUTION ELECTING TO CONTINUE PARTICIPATING IN THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT YEAR 1999 DIRECTION TO STAFF (Att. - #5 Draft Resolution) 6. DISCUSSION ON SENIOR HOUSING MORATORIUM - DIRECTION TO STAFF (Att. - #6 Adopted Ordinance) 7 8:00 P.M. COUNCIL WILL CONVENE TO THE CONFERENCE ROOM TO COMMENCE INTERVIEWS FOR PARK AND PLANNING COMMISSION VACANCIES; DIRECTION TO STAFF REGARDING PREPARATION OF APPOINTMENT RESOLUTION 8. ADJOURN TO EXECUTIVE SESSION This meeting was called by Mayor Woody Love on 114199. CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD • SHOREWOOD, MINNESOTA 55331 -8927 • (612) 474 -3236 FAX (612) 474 -0128 • www.state.net /shorewood • cityhall @shorewood.state.net Executive Summary Shorewood City Council Work Session Thursday, January 7, 1999 Agenda Item #2: Interviews with firms for the position of Shorewood City Attorney will begin at 5:00 p.m. and will continue through 7:30 p.m. Agenda Item #3: At approximately 7:30 p.m. the Council will discuss appointments to be made in 1999 and give direction to staff as what to include in the resolution for consideration at the first regular Council meeting, Monday, January 11. Agenda Item #4: Council will discuss whether the Planning Commission should consist of five or seven members and give direction to staff as to what should be presented for the January 11 regular City Council meeting. Agenda Item #5: Enclosed in the packet is a copy of the resolution regarding participation in the Livable Communities Act that was defeated in December. Also enclosed is a copy of the resolution as originally adopted in 1995. Agenda Item #6: The senior housing moratorium first took effect on December 10, 1997. It was to have run out on December 10, 1998. On December 3, it was amended to add an additional ' 60 days, therefore, the moratorium should run out on February 8, 1999. 4: n 10% PRINTED ON RECYCLED PAPER Shorewood City Attorney Interviews January 7, 1999 First Last Company Address city St Zip Phone Fax Inter - Name Name view Time Roger Knutson Campbell & Knutson P77 1380 Corporate Eagan MN 55121 452 -5000 234 -6237 5:00 Center Curve evin Johnson Doherty Rumble & Butler 2800 Minnesota Trade St Paul MN 651 -265- 265 -3900 5:30 Ctr 155101 4000 30 E 7th St Timothy Keane Larkin Hoffman Daly & 1500 Northwestern Bloomington MN 55431 896 -3203 896 -1769 6:00 Lindgren Financial Center 7900 Xerxes Avenue South John Dean Kennedy & Graven 470 Pillsbury Center Minneapolis MN 55402 337 -9300 337 -9207 6:30 200 S Sixth St Louis Smith Smith Parker 808 Colwell Bldg, Minneapolis MN 55401 344 -1400 344 -1550 7:00 123 N 3rd St N Retainer Council /Commission Meeting Attendance Hourly Rates Partners/Shareholders Associates Legal Asst. /Paralegal Law Clerk Minimum Charge Pass- through Fees (to developers or projects) �Fees/Charges Photocopying Westlaw /Lexis Calls Long Distance Calls Postage Mileage Other Request for Proposal for Legal Services Rate Comparison 1/7/99 Doherty, Campbell Rumble Kennedy Currently Knutson & Butler & Graven None (2a) Available (2b) $4,000 /mo. est. $200 /meeting (1) $100 $100 $60 $50 0.10 hours Unspecified $115 $105 $60 Unspecified $225 /mtg (3) $135 $115 Unspecified Unspecified Unspecified $100) $100 } $60 $50 0.10 hours 0.20 hours 0.25 hours Hourly as listed $105 - $175/hr Unspecified Hourly assumed (4) $0.20 /page Actual Cost Actual Cost N/C under $0.50 Larkin, Hoffman, Daly & Lindaren Unspecified Unspecified $75-$130 $50-$75 Unspecified Unspecified Unspecified Unspecified Hourly assumed Hourly assumed Unspecified $0.20 /page Actual Cost Actual Cost Actual Cost $0.29 /mile (5) Notes (1) Litigation charged at $120 per hour. (2a) Retainer option is available in lieu of hourly rates. Retainer would not include services for representation of the City in agency or legislative proceedings, grievance or interest arbitration, real estate acquisition, pre - litigation, litigation and appeals, representation of Economic Development Authorities and codification matters. All above services would be billed at non - retainer hourly rates listed unless otherwise negotiated. Retainer arrangement would be reviewed after initial six months. (2b) Retainer option is available in lieu of hourly rates. Retainer would not include services for representation of the City in agency or legislative proceedings, grievance or interest arbitration, real estate acquisition, pre - litigation, litigation and appeals, representation of Economic Development Authorities and codification matters. All above services would be billed at non - retainer hourly rates of $120 for attorney, $60 for paralegal, $50 for law clerk. (3) Hourly Rates are not -to- exceed rates. A blended hourly rate of $130 is available, if preferred. (4) Fees will be billed, but rates are unspecified in proposal. Rates are negotiable. (5) Will honor all terms and conditions of present contract. r� LEGAL COST COMPARISON 1988-1998 (1) Fees for Jan. -Feb. and Oct. -Nov, are grouped for payment Kennedy & Graven Larkin, Hoffman Froberg 1998 1292 1996 1995 1224 1993 1992 1991 1294 1989 1288 January 3,384.60 ( 4,654.65 February 802.60 jFroberg March 27.00 493.00 998 1998 1997* 1996 1995 1224 1993 ]922 199 1 1224 1989 1988 January 7,256.97 3,998.38 0.00 4,288.82 7,880.45 6,195.88 2,737.60 2,816.25 4,018.14 3,469.95 February 11,753.98 8,241.66 6,080.75 3,594.18 6,532.97 5,481.06 1,242.90 231.00 3,573.00 3,047.50 2,382.80 March 9, 709.21 7,254.03 3,353.60 4,049.40 8,898.24 7,744.58 3,735.35 360.00 3,095.00 3,915.00 3,997.63 April 11, 367.02 9, 278.22 2,510.60 4,657.57 8,429.36 5,333.74 3,740.41 59,691.15 73,295.36 62,572.93 4,410.22 3,260.00 4,623.00 May 6,947.72 6,922.29 2,834.63 4,832.46 3,778.90 4,022.25 4,612.20 4,970.00 3,979.30 3,908.65 June 11, 650.63 6, 971.60 2,327.30 5,249.90 3,466.20 5,555.45 7,688.46 3,010.00 2,700.00 4,406.44 July 10,179.65 8,323.26 3,436.44 4,766.90 2,460.29 2,393.87 5,299.42 3,420.00 3,143.00 4,510.00 August 7,595.89 8,241.82 5,379.00 11,809.48 4,978.15 8,036.03 7,020.35 4,370.00 3,991.00 2,954.70 September 0.00 8,695.32 7,382.38 11, 223.50 4,017.15 3,599.98 6,902.36 7,123.18 4,231.00 4,218.60 2,010.00 October 0.00 8,953.70 0.00 6,382.60 3,160.60 4,234.10 10,452.85 6,170.45 4,310.00 3,017.17 3,850.00 November 0.00 16,295.77 36,182.56 7,631.21 2,285.60 5,328.77 5,417.13 6,591.70 3,150.00 2,610.00 4,484.50 December 0.00 7, 345.51 4,916.91 3,826.70 3,803.24 15, 369.65 3,723.90 4,682.66 4,402.00 2,601.00 4,205.20 76,461.07 100,521.56 74,404.17 72,312.72 59,691.15 73,295.36 62,572.93 24,567.99 45,757.47 40,500.71 44,802.87 (1) Fees for Jan. -Feb. and Oct. -Nov, are grouped for payment Larkin, Hoffman Froberg 1998 1292 1996 1995 1224 1993 1992 1991 1294 1989 1288 January 3,384.60 4,654.65 February 802.60 3,440.00 March 27.00 493.00 3,750.00 April 493.00 5, 782.50 May 114.00 6, 325.00 June 47.40 2,750.00 July 0.00 2,550.00 August 0.00 5,213.00 September 177.69 231.00 October 0.00 November 569.12 December 360.00 90.00 27.00 6,441.41 0.00 0.00 0.00 0.00 0.00 34,786.15 0.00 0.00 0.00 Total Legal 76,488.07 106,962.97 74,404.17 72,312.72 59,691.15 73,295.36 62,572.93 59,354.14 45,757.47 40,500.71 44,802.87 (does not include prosecution) Z CITY OF SHOREWOOD RESOLUTION NO. 99- A RESOLUTION MAKING APPOINTMENTS TO CERTAIN OFFICES AND POSITIONS WITHIN THE CITY OF SHOREWOOD FOR THE YEAR 1999 WHEREAS, it has been the policy of the Shorewood City Council to make annual appointments to fill certain offices and positions within the City government at the beginning of each year. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1. That the following persons are appointed to the following offices and positions until the 1999 City Council organizational meeting: Acting Mayor: Councilmember Council Representatives to: a. Park Commission Liaison: b. Planning Commission Liaison: C. Liquor Stores: d. Minnehaha Creek Watershed District: e. Lake Minnetonka Cable Commission: f. Association of Metro Municipalities: g. Coordinating Committee South Lake Minnetonka Public Safety Department: h. Backup to Mayor on Coordinating Committee South Lake Minnetonka Public Safety Department: Representatives to Affiliated Organizations: a. Lake Minnetonka Conservation District: Robert Rascop b. Lake Minnetonka Cable Commission: Jeff Foust C. Minnetonka Community Services: Tad Shaw City Attorney: City Prosecutor: Emergency Preparedness Director: SLMPSD Police Chief Bryan Litsey if-3 CITY OF SHOREWOOD RESOLUTION No. 99— Page Two: Annual Appointments 1999 Official Depositories: First State Bank of Excelsior, 4M Fund & other Depositures as necessary Official Newspaper: Sun/Sailor Newspaper Weed Inspector: Mayor Woody Love Assistant Weed Inspectors: Charles Davis & Joe Lugowski 2. That the Blanket Bond Off ' ( icial Bonds) is approved. 3. That such appointments shall take effect on the date hereof and shall continue for the remainder of the year or until such time as a successor is appointed by the City Council. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this day of January, 1999. ATTEST WOODY LOVE, MAYOR JAMES C. HURM, CITY ADMINISTRATOR %ekL �4�' �l To: Mayor and City Council James C. Hurm, City Administrator From: Teri Naab, Executive Secretary / Deputy Clerk Date: January 6, 1999 Re: Council Appointments Lake Minnetonka Conservation District: The City Council is asked to consider appointing a representative to the LMCD Board for a three year term. This term commences on the fourth Wednesday of October in the year of appointment. Bob Rascop has been appointed to this position and his term will expire on October 27, 1999 of this year, at which time reappointment should be considered. The representative does not continue as appointed after the term has expired, but rather the LMCD Board considers this situation to be a vacancy. Minnetonka Community Education Services: The City Council makes an annual appointment of a representative to the MCES Board. The MCES Board does not place any restrictions on when appointments are made or for how long. To: Mayor and City Council From: James C. Hurm, City Administrator Date: January 7, 1999 J Re: Official Newspaper Star Tribune rates for publication of legal notices. The specifics are as follows: • Legals - Classified Section 203 • Hardcover must be faxed or mailed 2 days in advance • Notice must run 2 consecutive days • $3.13/line (either Metro or State -wide) NOTE: The City of Minneapolis appoints Finance & Commerce as their official newspaper. When asked why, they replied that the Star Tribune publishes all notices State -wide, and therefore the cost would be too high so they do not even bid. Lakeshore Weekly News: • Distributed at stores all around Lake Minnetonka • Free pickup - no delivery • Circulation: Shorewood/Tonka Bay Excelsior # left for pickup 1,000 2,300 Subscriptions ($28 /yr) 4 14 • $1.25/line; $.70/line subsequent publications Sun/Sailor: Has Shorewood/Excelsior and Wayzata editions. Nothing in the mound area. • Can be purchased at Snyder Drug at Highway 41 and 7 for $35 • Circulation: Shorewood/Greenwood Tonka Bay Excelsior Carver Delivered 2,650 400 1,900 • $14.30 /inch ($1.30 /line); $7.15 /inch subsequent publications (Sells Wayzata paper in Mound) The Laker: • Home delivered by private service (Westonka School District) • $7.19 /inch ($.66/line), $5.141 inch subsequent publications Other Cities: Tonka Bay Excelsior Greenwood Deephaven Minnetrista Mound Sun/Sailor Sun/Sailor Lakeshore Weekly Lakeshore Weekly Laker Laker *3 Li4ewrW MINNETONKA COMMUNICATIONS COMMISSION 540 SECOND STREET ■ RO. BOX 473 ■ EXCELSIOR, IVIN 55331-0473 612. 474-5539 ■ FAX 612. 474-0430 December 5, 1998 James Hurm, City Administrator City of Shorewood 5755 Country Club Road Shorewood, MN 5533 DEEPHAVEN Dear Mr. Hurm; EXCELSIOR As we approach the end of the 1998 year, we want to remind you that the current year for GREENWOOD all Commissioners serving on the Lake Minnetonka Communications Commission (LMCC) will expire at the end of January 1999. SPENDENCE According to the Joint Powers Agreement in Section V sub-section 1, the cities are to LONG LAKE submit written notice of their appointments or re-appointments for the upcoming year. (Please note that the Joint Powers Agreement states that at least one of the t full LMCC Commissioners must be a present member of your city council). This official MEDINA written notice, directed to the Secretary of the LMCC, is to include the name, mailing address and home/office telephone numbers for each appointee. A fax number, if MINNETONKA available, would be appreciated. This written notice should be received by the LMCC no BEACH later than January 31, 1999. MINNETRISTA As the LMCC continues to deal with the challenges Of regulating "basic" cable rates, and advancing our community involvement in new technology, we expect 1999 to be a busy ORONO year. I mention this to reinforce Chairman Pattrin's wish for active and involved Commissioners to represent the residents of our fifteen cities. � NIFACIUS If you have any questions regarding this process, please call Am Thies, the SHOREWOOD Administrator, at the LMCC office at 474-5539. Sincerely, SPRING PARK Lake Minnetonka Communications Commission TONKA BAY �� v' �� VICTORIA Colleen Krisko Secretary of the LMCC WOODLAND .- 47"1 - e * �h 1 1 -M . CHI- LAKE MINNETONKA COMMUNICATIONS COMMISSION MEETING ATTENDANCE RECAP FOR 1998 Full Commission Dale Moe (cc) Community 1998 Meetings 1998 Meetings Executive Committee Represented Committed To Attended Tim Pattrin, Chair Orono 12 12 Dennis Stanga, Vice -Chr Deephaven 12 10 Colleen Krisko, Treasurer St. Bonifacius 12 9 James Benson, Secretwy Long Lake 12 11 James Olds, At Lade Excelsior 12 11 Ann Duff, At Large Woodland 7 7 Bob Anderson 2 Tonka Bay 10 9 Ann Thies 3 Medina 5 4 Full Commission Dale Moe (cc) Deephaven 4 3 Tom Gilman (cc) Excelsior 4 0 David Stahr (alt) Excelsior * 0 Karen Hessian (cc) Greenwood 4 0 Miles Canning Greenwood 4 1 George Fraser (cc) Independence 4 1 James Smith (cc) Independence 4 3 Georgia Danielson (cc) Long Lake 4 1 John Hamilton (cc) Medina 4 3 Bruce Palmer (cc) Minnetonka Beach 4 0 Leonard D. Mackinnon Minnetonka Beach 4 4 Bobbi Abdo (alt) Minnetonka Beach * 3 Delores Jeanetta (cc) Minnetrista 4 2 Robert J. Beck Minnetrista 4 3 Gabriel Jabbour (cc) Orono 4 0 Frederick Blanch (alt) Orono * 5 Andrew Weinzierl, Jr. (cc) St. Bonifacius 4 3 John Weinand (cc) (alt) St. Bonifacius * 1 John Garfunkel (cc) Shorewood 4 1 Jeffrey Foust Shorewood 4 2 Richard Dietz (cc) (alt) Spring Park * I Bruce Williamson (cc) Spring Park 4 3 Tom Scanlon Spring Park 4 2 Judd Mowry (cc) Tonka Bay 4 4 Jerry Bohn (cc) Victoria 4 2 Duff Elleby (cc) Woodland 4 1 (cc) city council member *(alt) alternate member I new commissioner 3/98, executive committee 7/98 2 resigned 11/1/98 3 resigned 6/1/98 W 1 Q\eomm AUcnd=ce\Ro=p Attendance i , >Jd hd SUN PUBLICATIONS Sun - Current Sun -Post Sun-Sailor December 18, 1998 Ms. Teri Naab City of Shorewood 5755 Country Club. Road Shorewood, rVn 5 - 533, Dear Ms. Naab: The Excelsior /Shorewood Sun - Sailor would like to be considered for designation as the legal newspaper for the City of Shorewood for the year 1999. Lionheart Newspapers, Inc., new owners of Sun Newspapers, bring a wealth of experience as well as a strong commitment to community newspapers. The first and most obvious improve- ment is the relocation of the corporate office to Eden Prairie (and the Bloomington news office to Glenroy Road) effective December 21 st. We look forward to 1999 being an exciting year full of new opportunities. The rate structure for legal effective January 1, 1999 will be: 1 column width $14.30 per inch for first insertion $ 7.15 per inch for subsequent insertions There are 11 lines per inch. Notarized affidavits on each of your publications will be provided with no additional charge. The deadline for regular length notices is 2:00 pm the Wednesday prior to publication; notices that are six pages or more deadline an extra 24 hours in advance. If you require more information to make your decision, please contact myself or Meridel Hedblom, our Legal Representative, at 392 -6880. Thank you for considering the Sun - Sailor as the official newspaper for the City of Shorewood in 1999. We appreciate the opportunity to serve the needs of your community. 4 Sincer Frank Chilinski Publisher 7 East Bus Lake Road - Bloomington, MN 554 - (612) 896 -4700 L,ahesh ®re We!*t ews C ommunity j oumal of e W est 5uhurb City of Shorewood City Council 5755 Country Club Rd. Shorewood, MN 55331 Dear City Council Members: IV 18178 Minnetonka Boulevard Wayzata, Minnesota 55391 612- 473 -0890 Fax: 612- 473 -0895 December 11, 1998 Thank you for the opportunity to bid 1999 legal notices for the City of Shorewood. Legal Notice 0 g o ce rates for 1999: 1.25 per line, first insertion .70 per line on ads that require more than one insertion. (Bid based on one column width) Lakeshore Weekly News will publish your legal notices on Thursday the same week as executed by the City Council if we receive your notice by Tuesday at 5 p.m. We will automatically deduct 10 percent from your lineage cost if you fax and e -mail the legal notices you wish to have published. w Invoices are sent on a monthly basis and two notarized affidavits of each notice of publication will accompany your statement. I appreciate your thoughtful consideration of our legal notice bid for 1999. Please call with any questions. Sincerely, G Amy Cicchese Assistant Editor CITY OF SHOREWOOD ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 201 OF THE SHOREWOOD CODE OF ORDINANCES THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, ORDAINS AS FOLLOWS: Section 1. Section 201.02 of the Shorewood Code of Ordinances is amended to read as follows: 201.02: COMPOSITION: The Planning shall consist of fie seven members appointed by the City Council. It shall be the policy of the City to endeavor to appoint one of the Commission members who is a resident of Enchanted Island or Shady Island. Section 2. Section 201.03 of the Shorewood Code of Ordinances is amended by amending Subdivision 1 thereof to read as follows: Subd. 1. Term of Appointment. All appointments shall be for three year terms. All appointments shall be made by resolution and the resolution making the initial appointments will specify the term of each appointee. Except for the initial appointment, the terms of appointments commence on January 1 and terminate on December 31, or until vacancy is filled. Section 3. This Ordinance shall be in full force and effect from and enter its passage and publication. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, this day of , 1999. * ATTEST WOODY LOVE, MAYOR JAMES C. HURM, CITY ADMINISTRATOR 11 To: Mayor and City Council From: James C. Hurm, City Administrator Date: January 7, 1999 Re: You Ask "How did we get from 7 to 5 Planning Commission Members ?" Timeline on Reduction of Planning Commission to 5 Members April 6, 1998 Work Session - O'Neill proposes reduction at a work session to discuss how to fill Kolstad vacancy. April 27, 1998 Regular Meeting - O'Neill voted against appointing Neil Anderson only because he wants to reduce Commission to 5 members. May 4, 1998 Work Session - Discussion on how to fill Champa vacancy - O'Neill believes in reduction to 5 members. Discussion on when to change to 5. May 5, 1998 Planning Commission - O'Neill informs Planning Commission of discussions. May 19, 1998 Planning Commission Work Session - O'Neill reports his belief in 5 member Planning Commission. May 26, 1998 Regular Council Meeting - Issue discussed; ordinance adopted is reducing Commission to 5 members. There was nothing in our newsletter. We have no record of anything in the newspaper ahead of time. -*ti Oil 201.01 201.04 CHAPTER 201 PLANNING COMMISSION SECTION: 201.01: Establishment 201.02: Composition 201.03: Members Of Commission 201.04: Organization 201.05: Jurisdiction and Duties 201.01: ESTABLISH LENT: The Shorewood Planning Commission has been established pursuant to the powers and duties given such agencies generally by Minnesota Statutes Sections -162.351 through =162.364. 201.02: COMPOSITION: The Planning Commission shall consist of seven members appointed by the City Council. It shall be the policy of the City to endeavor to appoint one of the Commission members who is a resident of either Enchanted or Shady Island. 201.03: iWEINIBERS OF COMMISSION: Subd. 1. Term of Appointment: The City Council shall by resolution appoint the Planning Commissioners to serve three (3) year terms. The terms shall be staggered as provided for in the City Council Resolution 96 -107. Terms of appointments commence on January 1 and terminate on December 31, or until vacancy is filled S ubd.. 2. Removals: The City Council shall have the power to remove any member of the Planning Commission for cause as defined in the Shorewood Personnel Policy, and after a public hearing with two weeks published notice, by a two- thirds vote of the entire City Council. Subd. 3. Vacancies: Vacancies in the Planning Commission shall be filled for the unexpired term of the member whose place has become vacant in the manner herein provided for the appointment of members. 201.04: ORGANIZATION: S ubd. 1. Officers: the City Council shall appoint a chairperson and vice - chairperson from among the members of the Planning Commission'. (Ord. 77, 9- 24-73; and. 1987 Code) Subd. 2. Term: The term of the chairperson and vice- chairperson shall be for one year. The chairperson shall either be reappointed or replaced by the City Council at the first regular City Council meeting of each calendar year. 1. See Section 202.02 of this Code for liaison member of the Park Commission. 0197 Ciry of Shores ood CI"i'Y COUNCIL WORK SESSION MINUTES AP 6 , 1998 - PAGE 5 Administrator Hurm inquired what the City's relationship with the neighborhood organizations should be. Mayor Dahlberg stated there is no relationship. The Council, as leaders, will encourage their growth through development and as individual policy makers, the Council has to make a decision to be responsive or not. Councilmember Garfunkel felt the City is attempting to accomplish more direct communication with the residents to understand their position prior to an issue coming to light. Hurm noted it can be difficult to get information out to the neighborhood associations. Mayor Dahlberg stated one of the objectives would be to create an electronic community in which neighborhood associations communicate with the City via e- mail!mternet access. He felt any association which is established will be large enough to have digital communication with the City. Mayor Dahlberg stated he would encourage the associations to establish e-mail access with the City. Councilmember Stover noted associations tend to establish and then dissolve. She noted the only long term existing associations have a common goal not created by the City. Councilmember Stover pointed out in her experience associations only stay active as long as they have a common goal or a focus point. When an issue is resolved, the association ceases to exist. Mayor Dahlberg disagreed stating the association ceases to exist when the leadership ceases to exist. Councilmember Stover was uncertain how area designations could be established. 5. DISCUSSION OF PROCEDURE FOR FILLING PLANNING COMMISSION VACANCY A discussion was held relative to filling the vacancy created by the resignation of Planning Commissioner Kolstad. Councilmember O'Neill suggested a change in the ordinance reducing the �� Commission from seven members to five to make this a more efficient group. He expressed concern, as Council Liaison to the Planning Commission, relative to the amount of time which is spent on a particular issue. Councilmember Garfunkel felt this to be a lack of leadership. Commissioner Champa expressed his disagreement, however he felt there may be too many members. He noted at the present time, the Commission is reviewing the Comprehensive Plan and is spending considerable time at this point discussing the wording. Mayor Dahlberg stated he is sympathetic to discussing this issue relative to the Planning and Park Commissions, but questioned whether the commissions will still be representative of the City. Councilmember Garfunkel pointed out there are only five councilmembers and Councilmember O'Neill pointed out much larger cities utilize fewer commissioners. Councilmember Stover noted the City was originally divided into seven sections with a representative of each section on the commission and she was in favor of this. Mayor Dahlberg stated if the City were to establish a ward system, there could be four wards and one at large. Hurm pointed out the ordinance strongly suggests there be a representative from the islands. Councilmember Garfunkel pointed out the question at hand is whether to advertise. Mayor Dahlberg suggested choosing a commissioner from the letters which were submitted relative to the vacancy on the Planning Commission at the beginning of this year. Councilmember ONeill pointed out this particular position expires the end of this year. Councilmember Stover noted there is currently no one on the Commission who represents the islands. u C 17 .; COUNCIL WORK SESSION ?VIINUTES APRIL 6, 1998 - PAGE 6 Mayor Dahlberg was unsure the issue of island representation should impact whether the Commission is made up of seven or five members. He stated there needs to be communication with the residents of the island and the City needs to be sensitive of their needs. He agrees with the ordinance strongly suggesting there be a representative from that area, but if there is no volunteer, there will have to be other ways to make up the Commission. Mayor Dahlberg suggested Hurm contact the applicants who applied at the beginning of the year. There would be no need to re- interview those applicants since they were interviewed just several months ago. Councilmember Garfunkel did not feel it should matter where a particular Planning Commissioner resides within the community. Councilmember Stover stated in the past, it became the responsibility of the Planning Commissioners to alert members of their neighborhood of a development process or an ordinance change which would affect them. Mayor Dahlberg stated everyone wants the island to have representation and he suggested sending a letter. Councilmember Garfunkel felt if a letter is sent to the residents of the island, then an invitation should be made to the entire city. Hurm will ascertain how many of the prior applicants are still interested. A decision will then be made relative how to proceed with this issue. Councilmember O'Neill stated he will abstain on every vote because he feels the Commission should be reduced to five members. He noted an ordinance change could be completed very quickly. Councilmember O'Neill has received numerous complaints from residents relative to the efficiency of the Planning Commission. Mayor Dahlberg stated he would be willing to move in the direction of an ordinance amendment reducing the size of the Commission, however, there needs to be time to consider this matter. He pointed out a 4/5 vote will be necessary to accomplish this. Mayor Dahlberg felt this issue should be heard at a Council meeting and a vote taken. Councilmember Garfunkel did not feel representation to be an issue. He would like to hear the arguments to be made for a seven member Commission. Councilmember Stover stated the number is probably not as important as the particular personalities involved. Mayor Dahlberg noted his belief there are good people on both commissions, however, if because of the mix of those personalities, a dysfunctional commission results, the Council will need to take action. Councilmember Stover did not feel the Commission to be dysfunctional, however, various personalities will affect the speed with which things are accomplished. Mayor Dahlberg suggested this issue come before the Council for a vote within the next month. Councilmember O'Neill was in agreement. (Councilmember Stover left the meeting at 9:11 p.m.) 6. DISCUSSION ON AD HOC LAND CONSERVATION COMMITTEE APPOINTMENTS Mayor Dahlberg recommended a process of opening this committee city to determine who is interested. Dean Riesen will then be asked to review the candidates and make a recommendation to the Council. Councilmember O'Neill pointed out there are some qualified candidates, however, they have not applied. CITY COUNCIL REGULAR MEETING MINUTES APRIL 27, 1998 - PAGE 7 Councilmember O'Neill noted 'vIr. Champa's experience will be beneficial to the Council rather than bringing in a new person for an eight month period. He pointed out Mr. Champs is familiar with the issues and has attended most of the recent Council meetings. Councilmember O'Neill stated there are very talented people on the Commission and he has considerable confidence in their abilities. Mayor Dahlbergr noted his agreement with Councilmember O'Neill. Councilmember Garfunkel was in favor of appointing Mr. Champa to the Council. O'Neill moved, Garfunkel seconded adopting RESOLUTION NO. 98-038 Resolution Making an Appointment of Roger Champa to the City Council Effective May 1, 1998." Motion passed 310. (Councilmembers Stover and McCarty abstained.) 10. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION MAKING APPOINTMENTS TO THE PLANNING COMMISSION EFFECTIVE MAY 1 Mayor Dahlberg noted Mr. Wellens has declined appointment to the Planning Commission. Hurm questioned which vacancy Mr. Anderson will be filling. Councilmember Garfunkel suggested Mr. Anderson fill the vacancy created by Roger Champs which expires December 31, 1999. Councilmember O'Neill stated his belief the Commission should be reduced to five members as opposed to seven. Dahlberg moved, Stover seconded adopting RESOLUTION NO. 98 -039, "A Resolution Making the Appointment of Neil Anderson to the Planning Commission Effective May 1, 1998 through December 31, 1999." Motion passed 3/1. (Councilmember O'Neill was the dissenting vote and Councilmember McCarty abstained.) Councilmember O'Neill explained he supported Mr. Anderson throughout the interview process, however, his vote is based on his belief the Planning Commission should be reduced to five members. He noted a number of complaints have been received relative to the length of time it takes for the Planning Commission to work through an issue. Consideration of the appointment of another planning commissioner will be discussed at the upcoming work session presently scheduled for May 4, 1998. 11. CONSIDERATION OF A MOTION FOR AN AUTHORIZATION TO SEEK DECLARATORY JUDGMENT ON THE LIQUOR STORE ISSUE Dahlberg moved, Garfunkel seconded approval of an authorization to seek declaratory judgment on the liquor store issue. Motion passed 510. 12. DISCUSSION WITH CITY ATTORNEY ON ADMINISTRATIVE SANCTIONS Attorney Dean provided a packet relative to administrative sanctions. He explained the City of Minnetonka has adopted a "City Court" process and provided information to the Council relative to this. Attorney Dean noted there is some question whether administrative sanctions can work in a non - charter city. CITY COUNCIL WORK SESSION MINUTES MAY 4, 1998 - PAGE 4 4. DISCUSSION ON METHOD FOR SELECTING PLANNING COMMISSION MEMBER I Councilmember Garfunkel stated he cannot support any of the applicants on the existing list. Councilmember O'Neill noted his agreement and expressed his belief the commission should be reduced to five members. Councilmember Champa noted his agreement with Councilmember O'Neill and felt a member should be cut from the existing commission. He felt reducing the number of members would result in a more efficient commission. Mayor Dahlberg would be willing to compromise in writing an ordinance reducing the commission to five. He noted two positions on the commission expire in December and at that time, the commission could be reduced to five members. Councilmember Champa suggested not filling the current opening on the commission which would result in a six member commission. Upon expiration of one term in December, the commission would then be reduced to five members. Councilmember O'Neill stated there is a state requirement there be an odd number o€ members on the commission which would reduce the chance of a tie vote. Councilmember Champa stated he would like to review this requirement, noting there have been tie votes in the past utilizing a seven member commission. Councilmember Garfunkel also noted there is a requirement the commission be comprised of five or seven members. Councilmember O'Neill noted his position is based upon the numerous complaints he has received relative to the length of time the commission spends considering an issue. Mayor Dahlberg suggested rewriting the ordinance to be effective January 1, 1999, reducing the commission to five members. Councilmember O'Neill expressed concern this would abolish the entire commission and it would be necessary to make five appointments. Mayor Dahlberg stated he supports acting decisively to create a five member commission. Councilmember Garfunkel felt there to be considerable logic in reducing the commission to five. Councilmember Champa noted his agreement with Councilmember O'Neill this should be done now as opposed to the beginning of the year. Mayor Dahlberg expressed concern with reducing the Planning Commission at this time and felt if the Planning Commission is to be reduced to a five member commission, this should also apply to the Park Commission. Councilmember O'Neill did not feel this should apply to the Park Commission. He noted the Park Commission operates in a different capacity in that it does not is have to comply with a 60-day rule and does not conduct the number of public hearings the Planning Commission holds. Mayor Dahlberg stated he will support this because he is in philosophical agreement. ( Councilmember Champa left the meeting at 9:20 p.m.) Mayor Dahlberg recessed the meeting at 9:20 p.m. and reconvened at 9:27 p.m. PLANNING COMMISSION MINUTES M 5, 1998 - PAGE 4 Collins moved, Callies seconded approving the simple subdivision for Dean Johnson, 5875 Cathcart. Drive, subject to staff recommendations, utilizing a 25 -foot right -of -way and contingent on there being 33 feet of right -of -way on the opposite side of the roadway. Motion passed 6/0. Chair Borkon noted this matter will come before the City Council for their consideration on Tuesday, May 26, 1998, as well. 3. ELECTION OF VICE CHAIR Chair Borkon explained it is necessary to fill the position of vice chair since this position has been vacated by Roger Champa who has been appointed to the City Council. Commissioner Collins questioned whether it would be appropriate to fill this position since there remains a vacancy on the Commission. Council Liaison O'Neill explained the Council has discussed possibly reducing the Commission to five members. This matter will be further discussed by the Council. Commissioner Bailey felt seniority should have some importance on a governmental body and the most senior commissioner should be presented to the Council for their consideration regardless of the position the Council may take relative to a particular commissioner. Council Liaison O'Neill noted there have been a number of changes to the Planning Commission since the new Council has taken over and stated there was a significant difference between the Council and the Commission on the direction the City should take. Chair Borkon asked Council Liaison O'Neill to take these comments back to the Council and noted she concurs with Commissioner Bailey's comments. Bailey moved, Callies seconded nominating Christine Lizee to the position of Vice Chair. Motion passed 4/1. (Commissioner Collins was the dissenting vote and Commissioner Anderson abstained.) 0 Commissioner Collins did not feel there to be a point in moving forward with this recommendation since it is his belief the Council will not agree to this appointment. Commissioner Callies felt seniority plays a part in the appointment of the vice chair, however, a person's ability to run a meeting must also be taken into consideration. She stated she is comfortable with this nomination. 4. MATTERS FROM THE FLOOR - None 5. REPORTS PLANNING COMMISSION WORK SESSION MINUTES MAY 19,1998 - PAGE 3 Commissioner Anderson noted two of the sites border other communities and inquired what requirements from an adjacent community might have to be taken into consideration. He suggested there may be a need for a reciprocal discussion with the adjacent communities. Nielsen will review this issue and report back to the Commission. Commissioner Anderson stated in the event of a public hearing, he wants to feel comfortable the Commission knows what will be said to the public relative to how the sites where selected. Nielsen noted this particular text amendment does not reference a particular site, therefore, a public hearing notice will be placed in the newsletter as well as a press release in the newspaper announcing a public hearing will be held to consider a text amendment to the ordinance having to deal with zoning in relation to Adult Use. Anderson moved, Bailey seconded accepting the language in the proposed ordinance to include a public notice requirement for the licensing process. Nielsen felt the Commission should examine both approaches. If the Commission should decide to use the permitted route as opposed to a Conditional Use Permit, a notice requirement would need to be incorporated into the licensing procedure. Commissioner Anderson stated it is important to ensure there will be a public hearing regardless of the approach which is adopted. Commissioner Callies suggested amending the motion approving the language with the notice requirement for the licensing process, however, noting the Planning Commission will continue to study the Conditional Use Permit process. Commissioners Anderson and Bailey noted their agreement to the proposed amendment. Anderson moved, Bailey seconded amending the motion to include the Commission will consider further study of the Conditional Use Permit Process. Vote on Motion: Motion passed 510. 40 2. MATTERS FROM THE FLOOR - None 3. REPORTS Commissioner Bailey questioned a comment which Council Liaison O'Neill made at a Council meeting relative to complaints he has received from a number of residents relative to the length of time the Planning Commission spends on a particular issue. Commissioner Bailey questioned whether there is something the Commission should do in this regard. Council Liaison O'Neill explained he has received a number of complaints from residents as well as members of the Commission relative to the length of time which is utilized to consider a particular issue. He explained his belief the Commission should be reduced from seven members to five. V PLANNING COMMISSION WORK SESSION MINUTES MAY 19,1998 - PAGE 4 Chair Borkon expressed concern relative to representation throughout the community, however, she would not have a problem with a five member commission. She stated she would encourage the Council to be aware of community representation. Commissioner Bailey felt with the exception of possibly one study session, the Planning Commission has moved along quite well. Chair Borkon felt it might be helpful to change the order of the agenda to move an item up on the agenda in the event there are residents in attendance in response to a particular item. Commissioner Bailey pointed out there would be a greater chance of not having a quorum with a five member commission. Nielsen reported the Council has directed the Planning Commission to review the home occupation ordinance. In addition, the Council would like the Planning Commission to review the lighting of signs and hours of operation for such signs. • 4. ADJOURNMENT Collins moved, Anderson seconded adjourning the meeting at 8:58 p.m. Motion passed 510. RESPECTFULLY SUBMITTED Cheryl Wallat Recording Secretary Timesaver Off -Site Secretarial, Inc. • CITY COUNCIL REGULAR MEETING MINUTES MAY 26, 1998 - PAGE 6 13. CONSIDERATION OF A MOTION TO ADOPT AN ORDINANCE AMENDMENT - SECTION 201 - PLANNING COMMISSION Planning Commissioner Christine Lizee was in attendance and requested clarification from Councilmember O'Neill relative to his belief the Commission should be reduced from seven to five members. Councilmember ONeill explained he has received a number of complaints relative to the length of time the Planning Commission dedicates to a particular issue. He noted this does not apply to work session meetings, but to public hearing type meetings. He noted the complaints have been received from present members of the Commission, applicants to the Commission and various citizens. Commissioner Lizee questioned whether Councilmember ONeill had brought this issue to the attention of the Planning Commission in his capacity as Council Liaison to the Commission. Councilmember O'Neill noted it was discussed at the last Commission meeting and none of the members were opposed to this idea. • Commissioner Lizee did not feel there to be a timing issue and commented it is a part of the responsibility the Planning Commission has to the City and to the residents for fair and equitable decision making. She pointed out the Commission does a fair amount of research and work for the Council in order to make an appropriate recommendation. Mayor Dahlberg asked what the argument would be for keeping a seven member Commission. Commissioner Lizee felt a seven member Commission would provide better representation throughout the community. She did not feel the size of the Commission dictates the length of time in which a matter is addressed. Commissioner Lizee explained if the Commission is comprised of experienced members who have looked into the background of an issue, they are able to discuss matters in varying lengths of time. Councilmember Stover pointed out many of the present councilmembers campaigned on the fact they would like a substantial amount of citizen representation and input. She felt reducing the size of the Commission to be counterproductive. Councilmember Stover could not understand why the Council would want to reduce the size of the Commission since the members volunteer their services to the City. • Mayor Dahlberg stated he does not feel strongly on this issue, however, he felt the odds of inefficiency to be reduced on any given committee when the size is reduced. Mayor Dahlberg stated it is not necessarily the case that there would be more citizen involvement, but less accountability which goes directly to the voters. Councilmember Stover pointed out the Planning Commission can only make recommendations to the Council. Mayor Dahlberg felt the Planning Commission to be very powerful in bringing forth issues. He stated he is sympathetic to the issue of representativeness. Councilmember Garfunkel noted the City does not utilize a ward system and he did not feel the various commissioners would necessarily bring very different perspectives to a matter. He also felt the Planning Commission to be a very technical position without a lot of room for interpretation. He felt it to be more important to have knowledgeable, competent people on the Commission versus representation. Mayor Dahlberg inquired whether Commissioner Lizee would support a ward system and she felt she would, however, she would not be in favor of reducing the seven member Commission. U Councilmember Garfunkel noted the applications which have been received in the last couple of CITY COUNCIL REGULAR MEETING MINUTES MAY 26, 1998 - PAGE 7 years have not been representative of the City Councilmember Champa expressed mixed feelings relative to this issue, noting during his term on the Commission, there were often meetings with only five or six commissioners in attendance. He noted there would often be a considerable amount of discussion on a particular item which would come full circle and which would ultimately be unproductive. Councilmember Champa expressed his belief this can be the result of the make up of the Commission. He felt the Commission could be streamlined if the members were reduced from seven to five. O'Neill moved, Champa seconded adopting ORDINANCE NO "An Ordinance Amending Chapter 201 of the Shorewood Code of Ordinances to become effective June 12, 1998." Councilmember Garfunkel commented if representation is not an issue, the reference to appointing a member from the islands would be unnecessary. He felt it would be more appropriate to indicate the Council will endeavor to appoint a commission member across various geographic areas of the City. Councilmember. Stover questioned the use of the June date. Councilmember O'Neill pointed out the Council is up for election and he felt the Commission to be a legacy which is left by the i Council. Garfunkel moved, Champa seconded amending the motion to remove the reference to "It shall be the policy of the City to endeavor to appoint one of the Commission members who is a resident of Enchanted Island or Shady Island." Motion failed, 4/2. (Mayor Dahlberg and Councilmember Stover were the dissenting votes.) Councilmember Stover was opposed to the speed with which this has been done. She felt if the Council feels this reduction in the Commission is in the best interests of the City, it should be accomplished on January 1, 1999, when appointment would normally be made. Vote on Motion: Motion passed 4 11. ( Councilmember Stover was the dissenting vote.) A . A Motion to Adopt a Resolution Making an Appointment to the . Planning Commission Vice Chair Position O'Neill moved, Garfunkel seconded tabling consideration of an Appointment to the Planning Commission Vice Chair Position until after the June 1, 1998, work session in which the Council will discuss the make up of the Planning Commission. Motion passed 4/1. ( Councilmember Stover was the dissenting vote.) 14. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION MAKING AN APPOINTMENT TO THE AD HOC LAND CONSERVATION COMMITTEE Dahlberg moved, Stover seconded adopting RESOLUTION NO 98 -057, "A Resolution Making An Appointment of Frederick Bruno to the Ad Hoc Land Conservation Committee upon his acceptance of this appointment." Motion passed 510. CITY OF SHOREWOOD ORDINANCE NO. 336 AN ORDINANCE AMENDING CHAPTER 201 OF THE SHOREWOOD CODE OF ORDINANCES THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, ORDAINS AS FOLLOWS: Section 1. Section 201.02 of the Shorewood Code of Ordinances is amended to read as follows: 201.02: COMPOSITION: The Planning shah consist of five members appointed by the City Council. It shall be the policy of the City to endeavor to appoint one of the Commission members who is a resident of Enchanted Island or Shady Island. Section 2. Section 201.03 of the Shorewood Code of Ordinances is amended by amending Subdivision 1 thereof to read as follows: Subd. 1. Term of Appointment. All existing terms of appointment will terminate effective June 12, 1998. Not later than that date, the Council shall appoint the five members of the Planning Commission whose terms shall commence June 13, 1998. The initial appointment shall be for staggered terms: one until December 31, 1998; two until December 31, 1999; and two until December 31, 2000. Thereafter, except for appointments to fill vacancies in unexpired terms, all appointments shall be for three years terms. All appointments shall be made by resolution and the resolution making the initial appointments will specify the term of each appointee. Except for the initial appointment, the terms of appointments commence on January 1 and terminate on December 31, or until vacancy is filled. Section 3. This Ordinance shall be in full force and effect from and enter its passage and publication. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA this 26th day of May, 1998. ATTEST TOM DAHLBE , MAYOR i 1 JAMES C. HURM, CITY ADMINISTRATOR PLANNING COMMISSION REGULAR MEETING MINUTES - J UNE 2, 1998 - PAGE 5 With respect to signage, Commissioner Callies did not feel it would be offensive to have a small sign indicating "office" for limited home occupations with an office. She would, however, not want to see neon signs. Nielsen felt it important to limit signs in residential areas. He recommended against anything more liberal than is currently permitted in the ordinance. Commissioner Callies commented the City may want to consider permitting a business such as a dentist with a small business in the home. Nielsen stated he will return to the Commission with some proposed changes to the ordinance based upon their input. 4. MATTERS FROM THE FLOOR - None 5. REPORTS Commissioner Bailey commented on the change in the make up of the Planning Commission and stated he did not feel this change should have been made mid year. Council Liaison O'Neill reported he has a copy of the survey which was just completed and anyone wishing copies may contact him. Nielsen noted the next meeting of the Planning Commission is scheduled for June 16th and will be a study session. Pro Tern Chair Collins invited Commissioner Lizee to the next meeting of the Commission to receive accolades from the Commission for her years of service. He thanked her for her time, service and guidance during his short time on the Commission. Commissioner Lizee stated, "It is better to die on your feet than to live on your knees." 6. ADJOURNMENT Bailey moved, Anderson seconded adjourning the meeting at 8:24 p.m. Motion passed 510. RESPECTFULLY SUBMITTED, Cheryl Wallat Recording Secretary TimeSaver Off -Site Secretarial; Inc. Note: Corrections to minutes by the Planning Commission are shown as italics for additions and str- ikeews for deletions. CITY OF SHOREWOOD RESOLUTION NO. 98— A RESOLUTION ELECTING TO CONTINUE PARTICIPATING IN THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT CALENDAR YEAR 1999 WHEREAS, the Metropolitan Livable Communities Act (Minnesota Statutes Section 473.25 to 473.254) establishes a Metropolitan Livable Communities Program which is intended to address housing and other development issues facing the metropolitan area defined by Minnesota Statutes section 473.121; and WHEREAS, communities that participate in the Livable Communities Act Local Housing Incentives Account Program are eligible for program funding and receive an advantage in competing for many state and federal grant programs; and WHEREAS, the Metropolitan Livable Communities Act requires the Metropolitan Council to negotiate with each municipality to establish affordable and life -cycle housing goals for that municipality that are consistent with and promote the policies of the Metropolitan Council as provided in the adopted Metropolitan Development Guide. NOW, THEREFORE BE IT RESOLVED, that the following goals are set for the City of Shorewood through the year 2000: • Review and revise the current Comprehensive Plan and complete its "housing" section, • Continue to explore the concept of sub - regional planning and cooperative efforts to address affordable housing needs in cooperation with other south Lake Minnetonka cities, • Pursue efforts to maintain the current mix of housing, and • Work with the Metropolitan Council in addressing barriers to affordable housing in Shorewood which are direct responsibilities of the Metropolitan Council, most specifically, high metropolitan sewage charges and the lack of metropolitan transit service for those in need of the service to travel to even neighboring communities. BE IT FURTHER RESOLVED that the City Council of the City of Shorewood hereby elects to participate in the Local Housing Incentives Program under the Metropolitan Livable Communities Act during the calendar year 1999. ADOPTED BY THE CITY COUNCIL of the City of Shorewood this day of , 1999. ATTEST WOODY LOVE, MAYOR JAMES C. HURM, CITY ADMINISTRATOR #5 CITY OF SHOREWOOD RESOLUTION NO. 45 -_107 A RESOLUTION ELECTING TO PARTICIPATE IN THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAIM UNDER THE _IETROPOLITAN LIVABLE COt'VBIUNITIES ACT AND SETTING ASSOCIATED HOUSING GOALS WHEREAS, the Metropolitan Livable Communities Act (1995 _Minnesota Laws Chapter 255) establishes a Metropolitan Livable Communities Fund which is intended to address housing and other development issues facing the metropolitan area defined by Minnesota Statutes Section 473.121; and r WHEREAS, the Metropolitan Livable Communities Fund, comprising the Tax Base Revitalization Account, the Livable Communities Demonstration Account and the Local Housing Incentives Account, is intended to provide certain funding and other Cp assistance to metropolitan area municipalities; and WHEREAS, a metropolitan area municipality is not eligible to receive grants or loans under the _Metropolitan Livable Communities Fund or eligible to receive certain polluted sites cleanup funding from the _Minnesota Department of Trade and Economic Development unless the municipality is parricipating in the Local Housing Incentives Account Program under _Minnesota Statutes, Section 173.254; and WHEREAS, the Metropolitan Livable Communities Act requires the Metropolitan Council to negotiate with each municipality to establish affordable and life -cycle housing goals for that municipality that are consistent with and promote the policies of the Metropolitan Council as provided in the adopted Metropolitan Development Guide; and WHEREAS, by June 30, 1996, each municipality must identify to the Metropolitan Council the actions the municipality plans to take to meet the established housing goals; and Is WHEREAS, the City of Shorewood Comprehensive PIan as updated in 1995 includes the following goal: The City shall promote the development of safe, healthy and affordable housing options; and the following objective: Develop a senior housing program which: • Allows seniors to stay in their single- family homes, Provides a .range of housing types including step -down housing, senior apartments and assisted -living housing, with initial emphasis being place on step -down housing, Establishes regulations which permit the construction of affordable senior housing while ensuring compatibility with existing residential neighborhoods. Resolution No. 95- 107 Page 2 of 3 • Assists financially in senior housing projects to ensure affordability and enhance compatibility with existing developments; and WHEREAS, the City of Shorewood has a history of cooperation with neighboring municipalities; and WHEREAS, a special Senior Housing Needs Task Force reported to the Shorewood City Council in May of 1991 that there is a need in the South Lake Minnetonka area for step -down housing, that is smaller than the typical single- family dwelling. Said report recommended that the City needs to keep in mind the income of its senior citizens and plan for housing which is within the means of its residents; and WHEREAS, the City of Shorewood is currently undertaking a housing inventory and intends to complete the housing section of its Comprehensive Plan during 199`6; and WHEREAS, the City of Shorewood Iooks forward to working with the Metropolitan Council in addressing major metropolitan issues which are barriers to affordable housing in Shorewood, such as: • exorbitant metropolitan sewage charges largely due to inflow of clear water into the system due to permeable soils and Shorewood's proximity to Lake Minnetonka resulting in Shorewood's sewer charges being two to three times greater than many metropolitan cities ($260 per household per year), • high metropolitan transit Ievy of 5301.920 in 1994 (S120 per household per year) despite a lack of transit service and options to provide service to Shorewood. NOW, THEREFORE BE IT RESOLVED that the City of Shorewood hereby elects to participate in the Local Housing Incentives Program under the Metropolitan Livable Communities Act during calendar year 1996. 6 1 BE IT FURTHER RESOLVED that the following are goals for the City of Shorewood for a two -year period through 1997: • The City of Shorewood will explore the concept of cluster planning and cooperative efforts to address affordable housing needs in cooperation with the south Lake Minnetonka cities, • Complete the housing section of the Shorewood Comprehensive Plan, • Pursue an estimated sixty units of affordable senior housing within Shorewood as recommended in the Senior Housing report of 1991, and • Work with the Metropolitan Council in addressing barriers to affordable housing in Shorewood which are direct responsibilities of the Metropolitan Council, most specifically, high metropolitan sewage charges and the lack of metropolitan transit service with no options for providing said services. Resolution Yo. 95- 107 Page 3 of 3 ADOPTED by the City Council of the Cicy of Shorewood this 23rd day of October, 1995. ROBERT B. BEAT, MAYOR ATTEST: JA.&E -S C. HTj?UM, CITY ADtYM IISTRATOR r CITY OF SHOREWOOD ORDINANCE NO. 346 AMENDMENT TO ORDINANCE NO. 326 WHICH ESTABLISHED A MORATORIUM REGARDING THE DEVELOPMENT OF ELDERLY HOUSING PROJECTS BY CONDITIONAL USE PERMIT AND DIRECTING A STUDY TO BE CONDUCTED THEREON THE CITY OF SHOREWOOD DOES ORDAIN: Ordinance No. 326 is hereby amended by amending Section 5 thereof to read as follows: Sec. 5. Duration This ordinance shall remain in effect for one year and 60 days from its effective date or until appropriate amendments to the City's official controls and Comprehensive Plan have been adopted and are effective, whichever occurs first. Adopted by the City Council of the City of Shorewood this 23rd day of November, 1998. a,. 0 4L ATTEST TOM DAHLBERG, MAYOR w04 C. �4A� JAMES C. HURM, CITY ADMINISTRATOR In Shorewood Planning and Park Commission Candidates January 7, 1999 Currently First Last Commission Address City St Zip Phone Inter - Serving Name Name view Time Y Mary Bensman Park 20960 Ivy Lane Shorewood MN 55331 470 -1329 672 -6921 Y Ken Dallman Park 5780 Eureka Rd Shorewood MN 55331 470 -0946 338 -7865 Y Deborah Borkon Planning 5590 Shore Rd Shorewood MN 55331 474 -6487 N Donna Woodruff Planning 4485 Highland Circle Shorewood MN 55364 470 -6832 8:00 N Laura Turgeon Planning 24670 Amlee Rd Shorewood MN 55331 932 -4105 474 -7213 N Matthew Goldstein Planning 4865 Regents Walk Shorewood MN 55331 908 -9950 664 -0808 om SU — am — ` s — taT Planning or 28020 oodside Rd orewood MN 55331 474 -5374 8:30 Park Shorewood Planning and Park Commission Candidates January 7, 1999 Currently First Last Commission Address City St Zip Phone Inter - Serving Name Name view Time N Donna Woodruff Planning 4485 Highland Circle Shorewood MN 55364 470 -6832 8:00 N Matthew Goldstein Planning 4865 Regents Walk Shorewood MN 55331 908 -9950 8:10 664 -0808 N Laura Turgeon Planning 24670 Amlee Rd Shorewood MN 55331 932 -4105 8:20 474 -7213 N Tom Skramstad Planning or 28020 Woodside Rd Shorewood MN 55331 474 -5374 8:30 Park Y Mary Bensman Park 20960 Ivy Lane Shorewood MN 55331 470 -1329 8:50 672 -6921 Y Ken Dallman Park 5780 Eureka Rd Shorewood MN 55331 470 -0946 9:00 338 -7865 a A KEN DALLMAN 5780 EUREKA ROAD SHOREWOOD, MINNESOTA TELEPHONE 470 -0945 (H) 338 -7865 (VII} FAX (612) 349 -6044 (work) TELECOPY TRANSMITTAL Df %TE: January 5, 1999 NUMBER OF PAGES (including cover page): 1 TO: JIM HURM, Shorewood City Administrator FAX NUMBER: 474 -0128 RECIPIENT'S TELEPHONE NUMBER: 474 -3236 FROM. KEN DALLMAIV RE: City Parks Commission MESSAGE TO RECIPIENT: Please consider this as my application for the position of Park Commissioner on the Shorewood Park Commission. I balieve that my previous term as Commissioner was beneficial to the commission in that I maintained an unbiased and apolitical presence on the issues presented. I am un: -lindered by involvement in sports organizations, proximity to the regional trail system, and neutral in the snowmobile issue. During my tenure as a Commissioner, we began an exciting process to insure a fair review to establish a system of trails were needed and wanted. I would like to see that process implemented, tested, and established. I IcQk forward for the opportunity to visit with the Council to determine my continued presence on the Park Commission. December 28, 1998 Bradley J. Nielsen, Planning Director City of Shorewood 5755 Country Club Road Shorewood, MN 55331 -8921 Dear Sir: This letter is in response to the general letter that went to the residents of Shady/Enchanted Island seeking applications for the Shorewood Planning Commission. My husband and I moved to Enchanted Island two years ago and we think that this is the best place to live that we could imagine. We have woods and cattail swamp and the lake and all of the wild life that goes with them. I had read about the vacancies for the commission in the monthly city newsletter, but assumed that longer term residents would be very interested in keeping this area and the city as beautiful as it is now, so I didn't apply. However, my fancily has encouraged me to serve on the commission, because I am very interested in the issues of land use and preservation. My background is varied. I graduated from Iowa State University with a BS in Dietetics. I have been a hospital dietitian and a manager for a catering company. I started my own food service business and worked with city and county agencies to get permits and licenses to build commercial food production and sales areas. I have worked in the recycling industry as a coordinator for curbside residential recycling when it was just beginning, and most recently I was the sales manager for a company that recycled fluorescent light bulbs and other waste to reclaim the mercury to prevent groundwater contamination. I am now retired I have served as a volunteer in a junior high school and a reading tutor in a grade school. I volunteer for Hennepin Parks and have spent time learning about how those parks have been established and the effort the it takes to keep them. This fall I collected seeds from prairie flowers that will go into reestablishing more prairie land for the enjoyment and use of everyone. I have also served as an election judge for the City of Shorewood in the last two elections, giving me an Opportunity to meet most of the residents of the islands. I know most �f the faces, i_f.not the ^..pries. Finally, because I have the time and the interest, I hope that you will consider me for a position on the Planning Commission. I enjoy new challenges and the opportunity to learn an d grow, especially if it means having a beautiful place to live and enjoy for years to come. My phone number is 470 -6832. My address is 4485 Highland Circle, Shorewood, MN 55364. Sincerely, Donna S. Woodruff ' ,, Matthew H. Goldstein 4865 Regents Walk Shorewood, MN 55331 _ (612) 908 -.9950 - - -- (612) 664 -0808 12/1/98 City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Shorewood City Council: My name is Matthew Goldstein and I'm writing to indicate my interest in being appointed to the Shorewood Planning Commission in January 1999. I'm interested in becoming more involved in the Shorewood community, and I would like an opportunity to share my experience in urban planning with its citizenry. In addition to the attached two -page resume, the verbiage below outlines the skills and abilities that I would be able to offer to the group during my service. Currently, I'm a second year graduate student at the University of Minnesota's Humphrey Institute of Public Affairs pursuing a master's degree in urban and regional planning. While my anticipated graduation date is June 1999, my intention after graduation is to seek employment within the Twin Cities metropolitan area. The urban planning curriculum at the Humphrey Institute is based on advanced and applied economic and statistical theory. Rooted in group projects and detailed written reports, urban planning classes addressing land use and related issues have afforded me the opportunity to refine my analytical skills, in addition to my written and interpersonal communication skills. Moreover, I was elected to the position of Urban Planning Student Representative on the Public Affairs Student Association Steering Committee, a hat that I currently wear. Here we are working to enhance the student experience, including improving the collective sense of community both within our program and through student contact with the regional community. Two professional internships highlight opportunities that I 've had to exercise and refine my analytical and communication skills. As a research intern at the Welsh Companies, a full service commercial real estate firm, I was either wholly or partially responsible for the generation of documents that illustrated the current health of various commercial real estate markets and related regional economies. Previously, Swift and Associates employed me e embark on a study to challenge the New Urbanism assertion that narrow residential streets were safer than their wider, suburban counterparts. After compiling and organizing accident data from the City of Longmont t asscaexbdepartment, e� � presented U� analysis revealed support for v City of Longmont officials and others. Thank you for considering me as a candidate for a position on the Shorewood Planning Commission. Sincerely, U ✓Z�ir� Matthew Goldstein il 71r.11M CITY OF SHOREWOOD RESUME PERSONAL INFORMATION Matthew H. Goldstein 4865 Regents Walk Shorewood, MN 55331 (612) 908 -9950 (612) 664-0808 mgoldstein @hhh.umn.edu EDUCATION Humphrey Institute of Public Affairs University of Minnesota, Twin Cities 301 19"' Avenue South Minneapolis, MN 55455 (612) 625 -9505 Master of Urban and Regional Planning Anticipated Graduation: 6/1999 University of Colorado, Boulder Campus Box 314 Boulder, CO 80309 -0314 WORK EXPERIENCE (303) 492 -7711 Bachelor of Environmental Design in Planning Minor in Economics Commercial Real Estate Research Intern Welsh Companies Inc. 8200 Normandale Boulevard, Suite 200 Minneapolis, MN 55437 -7730 (612) 897 -7700 Starting Date: 4/98 Ending Date: 10/98 Duties Included: Aiding in the production of the semi- annual Market Update Researching and writing other economics and commercial real estate oriented documents Maintained and updated proprietary databases Transportation Research Intern Swift and Associates 421 21s` Avenue, Suite 212 Longmont, CO 80501 (303) 772 -7052 Starting Date: 5/96 Ending Date: 6/97 Duties Included: Gathered and analyzed residential street typology data Presented results to the City of Longmont, Conference for the New Urbanism, and others Survey crew member Management -tract Server Old Chicago Minnetonka 17790 Highway 7 Minnetonka, MN 55345 (612) 401-0030 Starting Date 6/97 Ending Date: 9/97 Old Chicago Duties Included: Management -tract server Bar manager assistant flat✓ e.v H. Goldstein ?age I i • C] Principal Matt's Mobile Wash & Wax 4865 Regents Walk Excelsior, MN 55331 (612) 470 -7997 Starting Date: 6/90 'Ending Date: 8/96 Duties Included: Founder, owner, and operator of automotive detailing service Managed all customer service, organizational, financial, and labor related functions Managed one full time employee OTHER OUALIFICATIONS Urban Planning Student Representative Public Affairs Student Association Steering Committee Humphrey Institute of Public Affairs, University of Minnesota Starting Date: 5/98 Ending Date: 5/99 Duties Include: Urban planning student representative to faculty, staff, fellows, and the community Urban planning faculty search committee member Humphrey Institute of Public Affairs Orientation Committee member Develop and organize educational and community building events related to planning Undergraduate Researcher Undergraduate Research Opportunity, University of Colorado Starting Date: 1/96 Ending Date: 5/97 Duties Included: Researched and developed of a community -based urban design simulation Presented the simulation, Mr. Roger's Sustainable Neighborhood, at the 2e Annual Environmental Design Research Association National Conference Alumni Chairman Zeta Beta Tau Fraternity University of Colorado Starting Date: 9/94 Ending Date: 5/95 Duties Included: Production of alumni newsletter and other communication devices Maintain and update alumni contact database Member, Student Organization for Alumni Relations University of Colorado Starting Date: 1/94 Ending Date: 6/94 Duties Included: Participated in the organization of graduating class recognition ceremony and celebration Aided in the planning of alumni gatherings l;rl mattt:ew H. Goldstein Page 2 Interested in helping out. Mon, Jan 4, 1999 8:52 A1% From: Tom Skramstad <toms @mr.net> To: cityhall @dorthy.state.net Date: Fri, Jan 1, 1999, 5:33 PM Subject: Interested in helping out. Hello Shorewood City Hall, This email is to supplement earlier discussions regarding your interest in filling several openings in Shorewood commissions. I am interested in discussing these opportunities with you, and provide the following background for your consideration. - I am 53 years old, male, and college educated I am married (in our 33rd year), and have two grown daughters, who grew up here in Shorewood - I lived in Shorewood for 10 years as a boy and young man, then lived in Minneapolis for 5 years after getting married; we returned to Shorewood as a family in 1972. - our home is on Woodside Road; and we have Minnetonka lakeshore - in my work life, I have worked for two Fortune 500 firms and also for a smaller, high technology company. My key strengths in business are leadership, problem solving, and using technology. - we are avid users of the lake and have a strong interest in managing this vital resource carefully for the safety and enjoyment of current and future generations. I have served as a representative of the "Lakewatch" operation for 6 or 7 years, helping with monitoring water quality, clarity, temperature, and fitness for recreation as well as monitoring other natural events such as sighting of wildlife, ice out dates, etc. I also have served on the Hennepin County Water Patrol. - similarly, we are interested in maintaining the favorable characteristics of Shorewood. Obviously much has changed since I arrived here in 1955, and we cannot expect a community to not grow with the times. I think Shorewood has done a good job so far of balancing residential growth, commercial growth, parks, trails, and wetlands. I would be interested in helping here if there is a need. I hope this gives you sufficient additional information to consider me as a candidate for one of your openings. Please let me know if I can answer any questions, and let me know what the next step might be. I look forward to hearing from you. Sincerely, Tom Skramstad 474 -5374 Page 1 of 1 From: Tom Skramstad <toms@mr.net> To: cityhall@dorthy.state.net <cityhalI@dorthy. state. net> Date: Sunday, December 20, 1998 1:30 PM Subject: Openings at City Hall I read about openings on a commission or two in the December Citizen Informer. I am interested to learn more about these opportunities. I spent a good part of my childhood growing up in Shorewood, and then moved here as an adult, with my wife and daughters, in 1972. Shorewood has changed a great deal since I was a boy, and yet it maintains a lot of charm and personality that it has always had. If you would like to consider me as a candidate for one of your opportunities, please call me at 474 -5374 to discuss next steps. I will be happy to provide more details regarding my background, education, interests, work, etc. Thank you, Tom Skramstad 12/21/98 December 31, 1998 City Council City of Shorewood 5755 Country Club Road Shorewood, MN 55331 I am writing to express my interest in interviewing for a position on the Planning Commission. Background Planning Commissioner, City of Shorewood (1993 -1997) - Participated in drafting of 1995 Comp Plan - Neighborhood meetings - Public Hearing - Cable infomercial - Assisted in drafting /researching of Tree Preservation and Reforestation Policy is - Assisted in drafting of Wetland Protection Ordinance - Major projects reviewed during tenure (concept stage to final plat): Heritage Marsh Pointe Watten Ponds Smithtown Meadows Mary Lake Woods Eagle Crest - Liaison to City Council - 2 years (1996 -1997) - Snowmobile Task Force Member - Planning Commission Vice Chair, 1997 Personal Profile • Married, husband David; 9 year old daughter, Natalie . • Resident of Shorewood since 1983 • Employed by Ford Motor Company for over 23 years - present position, Budget and Programs Analyst • Member South Tonka League of Women Voters I thank you in advance for your consideration. C Laura Turgeon 24670 Amlee Road Shorewood, MN 932 -4105 (office) 474 -7213 (home) PROPOSAL FOR LEGAL SERVICES TO c atK' t Q; THE CITY OF SHOREWOOD Prepared by: LARKIN, HOFFMAN, DALY & LINDGREN, LTD. 1500 Norwest Financial Center 7900 Xerxes Avenue South Bloomington, Minnesota 55431 PROPOSAL FOR SERVICES TO CITY OF SHOREWOOD INTRODUCTION The following proposal for legal services is submitted by Larkin, Hoffman, Daly & Lindgren, Ltd., (LHD &L or the Firm) in response to the City of Shorewood's (the City) Request for Proposals for Legal Services. A. FIRM BACKGROUND 1. Firm Data. a. Name of firm: Larkin, Hoffinan, Daly & Lindgren, Ltd. 1500 Norwest Financial Center 7900 Xerxes Avenue South Bloomington, Minnesota 55431 Phone: (612) 835 -3800 Fax: (612) 896 -3333 C. Employer Tax I.D. No.: 41- 095 -33 -57 Larkin, Hoffman, Daly & Lindgren, Ltd. b. Address, phone and fax number(s) of firm: 2. Brief History. Larkin, Hoffinan, Daly & Lindgren, Ltd., is a full service law firm with offices in Bloomington. The Firm is a growing, first generation law firm that was formed in 1957 by Jim Larkin and Bob Hoffinan. Larkin, Hoffman, Daly & Lindgren, Ltd., gained its reputation primarily through strong client service, dedication to quality, efficient delivery of services, and an evolving commitment to strategic planning. The Firm represents a number of municipal and public sector clients, and desires to expand its client base in this area. The Firm presently serves as general counsel in all civil matters to the Cities of Oakdale, Oak Grove, Long Lake, Columbus and Victoria. Past and present municipal and public sector clients, along with a brief description of the scope of representation of each, are set forth on the enclosed list at Tab 1. Municipal clients are treated by the Firm in the same manner as large corporate clients. They are assigned a responsible attorney who has overall responsibility for managing the delivery of legal services to the client. The responsible attorney is the person to whom the City may turn at any time for any need. Individual projects are assigned by the responsible attorney to the attorney or paralegal within the Firm most suited to handle the matter in the best, most efficient manner possible. PROPOSAL FOR SERVICES TO CITY OF SHOREWOOD Page 1 ' 3. Number of attorneys and areas of expertise. ' The Firm consists of approximately 85 attorneys, over 220 total employees, and is organized into ten departments, each with its own area of expertise. Members of the Firm have extensive experience in local, regional, and state governmental ' affairs; intellectual property; education; tax and finance; health care; environmental, real estate, housing, redevelopment, and land development; civil litigation; federal and state securities laws; business and corporate law; banking and underwriting; estate planning; family law; labor law; and criminal law. 4. Number of paralegals and areas of expertise. ' The Firm employs 20 paralegals rovidin support to attorneys within various P g PP Y departments. The Firm utilizes the skills of paralegals and other non- lawyer professionals to provide the most cost - efficient delivery of legal services possible. 5. Support personnel. Support functions include librarians, administrative secretaries, finance, data processing, word processing, records management, a copy center and messengers. The Firm employs over 100 support personnel. B. ATTORNEY QUALIFICATIONS Responsible Attorneys 1 General Representation: Overall responsibility for the City of Shorewood will be assigned to Timothy Keane. Tim will be the contact person with the City for staff assignments, billings, and workload administration. Tim will be the lead attorney to staff and attend all meetings of the City Council. Tim will monitor all matters being handled by the Firm for the City, and will serve as the City's liaison to individual attorneys. Tim will have ultimate responsibility for all aspects of the legal services provided to the City. City staff and the City Council will be able to look to Tim to see to it that the City's needs are being met. Tim has over twenty years experience in the areas of municipal affairs, urban planning, land use and development law, environmental law and municipal law. He serves as the City Attorney for the Cities of Oakdale and Victoria, as well as special counsel to other municipalities. Tim is an active member in the Minnesota City Attorney's Association and the Public Law Section of the Minnesota State Bar Association. Tim will be responsible for 60 %-75 %0 of the legal services provided to the City on behalf of the Firm. The balance of the work will be performed by the most qualified and cost - effective personnel. Tim is available to assume the responsibility as City Attorney and continue service into the future. The non - public sector portion of Tim's practice consists almost exclusively of PROPOSAL FOR SERVICES TO CITY OF SHOREWOOD Page 2 representing private sector clients in real estate and land use matters. Tim is presently available to assume the responsibilities of the lead attorney for the City. Listed below are individual attorneys who would be assigned specific work areas for the City. Resumes of attorneys anticipated to serve the City of Shorewood are attached at Tab 2. 2. Municipal Litigation: Approximately one half of the Firm's attorneys are dispute resolution attorneys. The Firm has handled numerous litigation matters on behalf of our municipal clients. These litigation matters have included zoning enforcement actions, Chapter 429 appeals, condemnation actions, employment matters, and environmental matters. Gary Van Cleve would have primary responsibility for litigation matters on behalf of the City of Shorewood. Gary is an attorney with over 15 years of experience who has tried approximately 50 cases to conclusion, including approximately 25 jury trials. Gary is a former assistant in the office of the Minnesota Attorney General and has served as special counsel to the Cities of Oakdale, Oak Grove, and Victoria. 3. Zoning, Platting and Land Development: One of the firm's strengths is in the area of law affecting the use and development of land, including zoning laws, subdivision laws and environmental matters. Tim is one of a few attorneys in Minnesota to have earned certification credentials from the American Institute of Certified Planners. The Land Use Department of the Firm includes nine attorneys who represent public and private sector clients in all aspects of land and water development. 4. Labor/Employment Law: John Steffenhagen will be responsible for labor matters including contract negotiations, grievance resolution, unemployment claims, collective bargaining and other areas. John will be assisted by Dayle Nolan. The Employment Law department has represented, as special counsel, the Cities of Richfield, Plymouth, Oakdale, Mankato, Owatonna, Virginia, Elk River, Worthington and others on behalf of the League of Minnesota Cities Insurance Trust. 5. Condemnation Law: Condemnation actions would be under the supervision of our Real Estate Litigation Department. Chris Dietzen, Larry Martin and Tim Keane have significant experience in condemnation matters on behalf of the Cities of Elk River, Oakdale, Shorewood, Oak Grove, Long Lake, and Victoria, the Minneapolis Park and Recreation Board and the City of Bloomington Housing and Redevelopment Authority. Larry Martin would be primarily responsible for PROPOSAL FOR SERVICES TO CITY OF SHOREWOOD Page 3 condemnation matters. Larry is president of the Minnesota Right of Way Association and a licensed appraiser. 6. Chapter 429 Assessment Projects: The Firm has extensive experience in assisting growing communities with large and small public improvement projects. We have advised cities with respect to many Chapter 429 special assessment projects and have defended assessment challenges through district and appeals courts. 7. Back -up - General Representation and Finance: Peter Coyle will back up Tim Keane in the day -to -day representation of the City of Shorewood. Peter has 10 years experience as an attorney, practicing principally in the areas of land use, environmental law, and municipal law. Peter has served as the assistant city attorney for the Cities of Long Lake and Oakdale as well as special counsel to other municipal clients. Peter is experienced in municipal finance, public improvement finance and tax increment financing. Bill Griffith and Larry Martin are experienced municipal attorneys who are also available to field day -to -day inquiries. 8. Municipal Finance: The Firm has provided municipal finance and guidance to its public sector clients including tax increment financing, redevelopment financing, public improvement financing, equipment certificates, and small issue placements. The Firm does not currently provide services as bond counsel, but works and cooperates with outside bond counsel on a variety of matters. 9. Franchise Law: Jane Bremer focuses her practice almost exclusively in telecommunications law with a focus in cable television franchise law. Jane provides advice to a variety of national and local cable television franchisees, as well as advice to local units of government and cable commissions. 10. Police Issues: The Firm has extensive experience through its labor and employment group on a variety of law enforcement issues. Areas of particular expertise include labor negotiations, disciplinary proceedings, defense of police conduct, internal investigations and administrative proceedings.; PROPOSAL FOR SERVICES TO CITY OF SHOREWOOD Page 4 C. - FIRM QUALIFICATIONS ' 1. References. Please call or write to any of the clients on the enclosed list for references.: Specific individuals to consult include: Craig Waldron, City Administrator, City of Oakdale (651 - 739 - 5086) Jan Olsen, City Administrator, City of Oak Grove (753 -1920) Mary Meuwissen, Mayor, City of Victoria (670 -5879) Bill Goff, Planning Director, City of Victoria (443 -3594) Brent Brommer, Planning Director, City of Oakdale (739 -5086) Louis Smith, Smith Parker, PLLP (344 -1400) Joel Jamnik, Campbell Knutson (452 -5000) You should also call or write to city ficials at the various cities we practice in on �' P behalf of our private sector clients, including: Allen Barnard, City f Minneapolis 348 -2210 tY p ( ) Don Rye, City of Prior Lake (447 - 4230) Barb Anderson, City of Burnsville (895 -4456) Tom Harmening, City of St. Louis Park (924 -2500) Municipal representation including litigation, administrative law and land use law accounted for approximately 10 of total Firm billings over the last 5 years. 2. Diversity of Practice. LHD &L is uniquely qualified to meet the general legal needs of the City of Shorewood. The Firm has the diversity and depth of practice to draw upon attorneys experienced in areas of law that cut across the spectrum of issues faced by a municipality. The ability to draw upon the Firm's attorneys experienced in matters of land use regulation, litigation, licensing, labor, constitutional law, tax, condemnation, special assessments, contract, and other areas is essential to providing adequate and cost - efficient representation to a diverse community such as the City of Shorewood. The Firm has a suburban identity and the Bloomington office is located within close proximity of Shorewood City Hall. The Firm's Bloomington offices provide easy access and free parking. 3 Cost - Effective. The Firm is committed to cost- effective legal representation. Cost- effective legal representation goes beyond mere billing rates, but includes advising clients on how to avoid and manage risk, education of department heads and City staff to recognize and understand potential issues and areas of exposure. We encourage regular meetings with department heads and a representative of the Firm to stay PROPOSAL FOR SERVICES TO CITY OF SHOREWOOD Page 5 ahead of legal issues and resolve problems before they require expensive solutions. Cost - conscious legal representation also means the ability to utilize the lower billing rates of associates and paralegals, as well as drawing upon the experience of senior attorneys in a variety of fields. The Firm has implemented an orderly and systematic automation of both office and legal systems. These include centralized word processing, accounting, billing, data processing, e-mail and internal and external information retrieval which have significantly enhanced productivity levels for both staff and attorneys. We will work closely with the City in coordinating information databases with an eye to meeting your current needs, but also assuring a design that will accommodate future capabilities. 4. Responsive. Responsive representation means not only prompt turn- around of day -to -day work and special projects, but also availability to give quick legal advice to minor inquiries. The Firm will coordinate a roster of in -house experienced municipal personnel qualified to respond to City inquiries at all times. This roster would include Tim Keane, Peter Coyle, Larry Martin, Bill Griffith and Shama Wahlgren. The Firm suggests that the lead attorney maintain regular bi- weekly office hours at City Hall. Department heads could count on frequent contact and advice to anticipate and resolve issues. 5. Firm Philosophy. The philosophy of the Firm in working with any public body and its staff is one of providing legal advice only, unless specifically requested to provide other types of counsel and advice. It is the view of the Firm that policy decisions should be made by the persons elected or appointed for those specific purposes. To the extent, however, that the Firm's experience in various policy matters may be useful, it is willing to discuss alternatives and explore the ramifications of those alternatives, while leaving the ultimate decisions to elected officials. D. FEES Normal hourly rates for the Firm's attorneys who would be working for the City of Shorewood range from $75 to $120 per hour. Hourly rates for paralegals range from $50 to $75. The Firm does not charge a separate hourly rate for clerical or staff support. Based on information provided in the Request for Proposals, we would estimate the following fee ranges and hourly rates. PROPOSAL FOR SERVICES TO CITY OF SHOREWOOD Page 6 Hourly Rate: Shorewood Rate Standard Rate T. Keane $120 $215 P. Coyle $110 $210 G. Van Cleve $130 $215 L. Martin $95 $195 W. Griffith $110 $210 S. Wahlgren $70 $125 J. Steffenhagen $120 $175 L. Graf $75 95 M. Julius, Paralegal $50 $70 We suggest the City consider the following approach to a fee arrangement with the Firm. This approach has worked quite successfully with other municipal clients. 1. Legal services beyond the scope of day -to -day advice on routine matters would be billed on an hourly basis, at hourly rates reduced from our normal rates. Services falling within this category would include special projects for the City which, due to their size and scope, fall outside of the services covered by the retainer. Examples include eminent domain, large public improvement projects, and litigation. 2. Legal services rendered on behalf of the City but for the benefit of a specific project or party which will ultimately be responsible for the costs would be billed through to the parry or applicant seeking approval. These would be services rendered in connection with specific development proposals where the City bills back its costs to the developer, services rendered with respect to public improvement projects, or tax increment projects for which costs are paid out of a bond issue. We would be happy to discuss with you further exactly what types of projects would fall into which category and what the appropriate retainer would be. The Firm would be willing to negotiate a final fee schedule as part of an overall contract, but would suggest that an overall contract merely set guidelines. Specific hourly rates can be agreed on for individual projects as they are assigned and a retainer agreement is entered into. E. CONFLICTS It has been the Firm's policy to refuse to undertake projects for developers as applicants for approval from a municipality the Firm represents on an on- going basis. If another client of the Firm were to request its services in connection with some matter involving the City of Shorewood, it would be our practice to request that the client seek counsel elsewhere for the particular matter in question. PROPOSAL FOR SERVICES TO CITY OF SHOREWOOD Page 7 To the best of our knowledge, the Firm does not presently represent developers doing business in the City of Shorewood. The Firm does represent a number of Shorewood property owners in real estate matters in relation to the sale or lease of property. Additionally, the Firm has in the past represented Louisville Township. We appreciate the opportunity to submit this proposal for legal services and look forward to hearing from you. 0264073.01 1 1 1 1 r 1 PROPOSAL FOR SERVICES TO CITY OF SHOREWOOD Page 8 LOCAL AND REGIONAL GOVERNMENTS REPRESENTED BY LARKIN, HOFFMAN, DALY & LINDGREN, LTD. AS SPECIAL OR GENERAL COUNSEL (PAST AND PRESENT) Afton Litigation: Comprehensive Plan Analysis and Review Afton, Lake Elmo, Woodbury, Interstate I -94 Route Selection and Environmental Washington County Impact Statement Adequacy Litigation Aitkin County Special Counsel Regarding Landfill Acquisition and Closure Arden Hills Representation Regarding Land Use, Redevelopment Matters and Federal Land Transfer Becker County Environmental Special Counsel for Landfill Issues Brooklyn Park Environmental Review and Tax Increment Finance Plan for Highway Interchange Bloomington Tax Legislation Bloomington Housing and General Counsel Redevelopment Authority Burnsville Environmental Review of Sanitary Sewer Project; Comprehensive Plan Review and Analysis Chanhassen Metropolitan Trunk Sanitary Sewer Funding and Construction; Regional Systems Policy Plan Amendment Chisago County Representation Regarding Landfill Superfund Matters Including PRP Group Search; Consent Order Negotiations and Insurance Recovery Circle Pines Tax Increment Financing Columbus Township General Counsel; Land Use, Zoning, Metropolitan Council matters Crookston Township Zoning Ordinance Local and Regional Governments Represented by Larkin, Hoffman, Daly & Lindgren, Ltd. Page 1 Deepliaven, Excelsior, Tonka Bay, Joint Subsidized Housing Project Greenwood Dodge County Representation Regarding Resource Recovery Contract and Landfill Matters Eagan Comprehensive Plan and Rezoning Litigation; Environmental Impact Statement Litigation Eden Prairie Wetlands Regulation Consultation and Permit Processing Elk River General Counsel; Drafted Entire City Code Including Zoning and Subdivision Ordinances Goodhue Township Solid waste facility Grant Township Special Counsel - Municipal Incorporation Hennepin County Environmental Issues Hennepin County Regional Railroad Light Rail Transit Authority Hubbard County Special Counsel for Landfill Superfund Matters Isanti County Representation Regarding Landfill Superfund Matters Including PRP Group Search; Consent Order Negotiations and Insurance Recovery Koochiching County Representation of Renegotiation of Landfill Stipulation Agreement with the MPCA League of Minnesota Cities Insurance Special Counsel -.. Employment Matters: Trust Plymouth Brooklyn Park Bloomington Stillwater Oak Park Heights Owatonna Albert Lea Worthington Mankato Cannon Falls Hibbing Virginia Local and Regional Governments Represented by Larkin, Hoffinan, Daly & Lindgren, Ltd. Page 2 International Falls Warroad Long Lake General Counsel; Representation in all Civil and Criminal Prosecution Matters Louisville Township General Counsel; Specific Emphasis on Solid Waste and Land Use Minnetrista Park Legislation Intergovernmental and Legislative Representation Minneapolis Legislative Minneapolis Park and Recreation General Counsel Board Minnetonka Litigation: Section 1983 Defense; Environmental Impact Statement Administrative Procedures Moorhead Growth Management Plan; Zoning and Subdivision Ordinances Moorhead Township /Clay County Zoning Ordinance Preparation Oakdale General Counsel Oak Grove General Counsel, Update Comprehensive Plan, Land Use Regulations and Municipal Incorporation; Pine City Special Counsel Relating to Solid Waste Collection Issues Prior Lake Special Counsel relating to "The Wilds" MUSA Expansion _ Ramsey County Real Estate Tax Litigation: Defense of Action brought by 3M Company Redwood Falls Landfill Acquisition Operations and Liability Issues Regional Transit Board General Counsel Rice County Representation Regarding Purchase of Office Building on Superfund Site; Representation Regarding Ground Water Contamination Issues Local and Regional Governments Represented by Larkin, Hoffman, Daly & Lindgren, Ltd. Page 3 Saint Cloud State Highway Bridge Regulations: Administrative Hearing Saint Paul Environmental, Legislation Environmental Impact Statement: Shepard Road/East Central Business District Bypass Project Sauk Centre General Representation Regarding Superfimd Landfill Including Listing Issues, PRP Group Search and Consent Order Issues; Third Damage Claim Defense Scott County Wetlands Regulation Consultation and Permit Processing Sherburne County Tax Exempt Bond Issue Victoria General Counsel Woodbury Interstate Highway I -494 Interchange; Economic Impact Analysis; MUSA through Metropolitan Council; Wetlands Regulation Consultation and Permit Processing 0110440.01 Local and Regional Governments Represented by Larkin, Hoffman, Daly & Lindgren, Ltd. Page 4 TIMOTHY J. KEANE LARKIN, HOFFMAN, DALY & LINDGREN, lid. Attorneys at Law 1500 Norwest Financial Center 7900 Xerxes Avenue South Bloomington, Minnesota 55431 (612) 835 -3800 PROFESSIONAL EXPERIENCE Larkin, Hoffman, Daly & Lindgren, Ltd. Attorney, Shareholder 1988 to present Seventy+ attorney firm engaged in general civil practice Practice primarily in areas of real estate, municipal, land use, development, environmental, and eminent domain law The Scottland Companies Vice President and Legal Counsel 1984 to 1988 Corporate and governmental legal matters including real estate transactions, land use approvals, contract negotiation and administration, and litigation oversight Project management, planning, design and development Site selection and market analysis Popham, Haik, Schnobrich, Kaufman and Doty, Ltd. Law Clerk 1983 to 1984 • Eighty+ attorney firm engaged in general civil practice • Principally serviced areas of real estate, land use, municipal, and construction law Larkin, Hoffman, Daly and Lindgren, Ltd. Legal Assistant/Law Clerk 1981 to 1983 . Assist lawyers in areas of land use, environmental, municipal and real estate law City of Shakopee, Minnesota Director of Planning 1979 to 1981 • Responsible for review of current development proposals, zoning administration, preparation of grant proposals, CBD development, and comprehensive planning • Staff support to City Council and Planning Commission City of Coon Rapids, Minnesota City Planner 1978 to 1979 • Current and long range planning, zoning administration, subdivision and site plan review • Staff support to City Council, Planning Commission, and Zoning Board of Adjustment City of Tucson, Arizona Planning Assistant 1978 Technical assistance and data analysis for Comprehensive Plan Minnesota Department of Transportation .Internship Summer 1977 Responsible for environmental issues and policies element of the State Transportation Plan City of Sierra Vista, Arizona Project Team Coordinator 1977 to 1978 . Production of Housing Assistance Plan and Comprehensive Housing Plan' Minnesota Public Interest Research Group Staff Lobbyist and Research Assistant 1975 to 1976 PROFESSIONAL, CIVIC AND ACADEMIC MEMBERSHIPS Member, Minnesota State Bar Association Member, Hennepin County Bar Association, Eminent Domain, Public Law and Real Property Sections Member, American Institute of Certified Planners Member, Minnesota Chapter, American Planning Association Chair, Board of Trustees, DeLaSalle High School Member, National Association of Industrial and Office Parks, Legislative Committee Board Member, Past President, NACORE, International Association of Corporate Real Estate Executives Member, Shakopee Chamber of Commerce Chair, Shakopee Community Development Commission Board Member, Past President, Minnesota Justice Foundation Faculty, Minnesota Continuing Legal Education Staff Member, William Mitchell Law Review, Volume 10 EDUCATION William Mitchell College of Law, St. Paul, Minnesota, Juris Doctor, 1984 Emmanuel College, Cambridge University, Cambridge, England, 1982 University of Arizona, Tucson, Arizona, M.S. Urban Planning, 1978 University of Minnesota, Minneapolis, Minnesota, B.A. Business and Economics, 1975 DeLaSalle High School, Minneapolis, Minnesota 0095637.01 • PETER J. COYLE LARKIN, HOFFMAN, DALY & LINDGREN, Itd. 1500 Norwest Financial Center 7900 Xerxes Avenue South Bloomington, Minnesota 55431 (612) 835 -3800 PROFESSIONAL EXPERIENCE LARKIN, HOFFMAN, DALY & LINDGREN, LTD. Attorney, Shareholder /Officer 1994 to present Seventy+ attorney firm engaged in general civil practice Practice primarily in areas of real estate, municipal, land use, development, environmental, and eminent domain law TELTECH RESOURCE NETWORK Director, Government Affairs ' 1990 -1994 Oversight and responsibility for sales and marketing and contract enforcement related to technical research services U.S. SENATE Minority Staff Director /Counsel 1987 -1990 Oversee small business committee staff for U.S. Senator Rudy Boschwitz Economic development, business development, tax and related areas LARKIN, HOFFMAN, DALY AND LINDGREN, LTD. Associate Attorney 1984-1987 Seventy+ attorney firm engaged in general civil practice Practice primarily in areas of real estate, municipal, land use, development, environmental, and eminent domain law PROFESSIONAL, CIVIC AND ACADEMIC MEMBERSHIPS Member, Minnesota State Bar Association Member, Hennepin County Bar Association, Public Law and Real Property Sections Adjunct Faculty, Small Business Management, Dakota County Technical College Editor -in- Chief, Hamlin Law Review Best Advocate, Hamline University Moot Court Competition EDUCATION Hamline University, St. Paul, Minnesota, Juris Doctor, 1984 St. Cloud State University, St. Cloud, Minnesota, 1979 0154485.01 GARY A. VAN CLEVE PRIMARY AREAS OF PRACTICE Real Estate Litigation - Mechanic's Liens, Mortgage Foreclosures, Landlord Tenant, Contract, Construction, State Administrative Hearings EDUCATION J.D. With Distinction, University of Iowa College of Law, 1980 B.A. With Honors, University of Wisconsin - Madison, 1977 PROFESSIONAL EXPERIENCE Former Law Clerk to the Honorable William C. Hanson, Senior United States District Court Judge for the Northern and Southern Districts of Iowa Former Special Assistant Attorney General, State of Minnesota Real Estate Litigation Department Head - Larkin, Hoffman, Daly & Lindgren, Ltd. ADMITTED TO PRACTICE State of Iowa, 1980 State of Minnesota, 1983 State of Wisconsin, 1990 United States District Court, District of Minnesota United States Court of Appeals, Eighth Circuit PROFESSIONAL ACTIVITIES Minnesota State Bar Association Civil Litigation and Real Estate Sections Hennepin County Bar Association Certified Civil Trial Specialist by Minnesota State Bar Association Board Certified Civil Trial Advocate National Board of Trial Advocacy Laura K. Graf 2079 Garnet Lane, Eagan, Minnesota 55122 Telephone: (651) 405 -0383 EXPERIENCE: Larkin, Hoffman, Daly & Lindgren, Ltd. - Bloomington, Minnesota Associate Attorney, Real Estate and Land Use August 1998 - Present Larkin, Hoffman, Daly & Lindgren, Ltd. - Bloomington, Minnesota Summer Associate Attorney - May 1997 - August 1997 Extensive research in real estate and land use matters, corporate law, and employment law. Robert E. Boyle & Associates, P.A. - Bloomington, Minnesota Law Clerk, Mergers and Acquisitions - May 1996 to May 1997 Assisted attorneys with corporate mergers and ` acquisitions, including drafting purchase agreements and financing documents. Responsible for ' organizing corporate entities. Additional experience in real estate transactions, estate planning, probate litigation and corporate litigation. Larkin, Hoffman, Daly & Lindgren, Ltd. - Bloomington, Minnesota Floating Legal Secretary - January 1994 to August 1995 Provided general support for attorneys in all departments of full service law firm. Extensive experience in General Corporate Department and Corporate Mergers and Acquisitions. Reidenberg & Arrigoni Law Offices - Minneapolis, Minnesota Legal Assistant/Legal Secretary - October 1993 to January 1994 Responsibilities included drafting pleadings and client correspondence, managing client files. EDUCATION: William Mitchell College of Law, St. Paul, Minnesota Juris Doctor, Magna Cum Laude, May 1998 GPA: 3.37 Class Rank: 12/250 University of St. Thomas, St. Paul, Minnesota Bachelor of Arts, Magna Cum Laude, May 1993 Major: Political Science Minor: Legal Studies GPA: 3.7 HONORS: Dean's Merit Scholarship, William Mitchell College of Law Dean's List, William Mitchell College of Law CALI Excellence Award G.W.C. Ross Political Science Scholarship, University of St. Thomas University of St. Thomas Achievement Scholarship Dean's List, University of St. Thomas Delta Epsilon Sigma National Scholastic Honor Society t Neal J. Blanchett, Esq. Larkin, Hoffman, Daly & Lindgren, Ltd. Attorneys at Law 7900 Xerxes Avenue South Bloomington, Minnesota 55431 (612) 896 -1553 Primary Areas of Land Use, Environmental Law, Real Estate, Municipal Law Practice Experience Larkin, Hoffman, Daly & Lindgren, Ltd. Attorney practicing in Land Use and Municipal Law Department. Assistant City Attorney for four metro -area municipalities. August, 1998 to present. Greene Espel PLLP. Law clerk working in the area of Municipal litigation. Assisted local governments defending against land use claims in federal and state courts. January August, 1998. Minneapolis Community Development Agency. Law clerk; researched and wrote on eminent domain, real estate, and municipal law issues. August - December, 1997. St. Croix Watershed Project. Researched watershed law to protect St. Croix River. Researched and wrote a manual guiding local watershed managers in drafting administrative regulations. 1996 1997. Ernst & Young LLP. ERISA staff member who trained and supervised a five person project team. Developed process converting data into ERISA compliance documents. Exceeded project quality and profitability goals. June, 1996 - August, 1997. United States Marine Corps. Awarded Navy Achievement medal for developing innovative training for a 400 - Marine unit rated top U.S. military security force in 1994. Led a seven member Marine team through worldwide training and missions. Twice awarded Humanitarian Service Medal for leading disaster relief teams. 1991 - 1995. Minneapolis High Schools. Taught high school English and Health. Coached sports in Minneapolis area high schools Education J.D., University of Minnesota Law School, cum laude, 1998 B.A., St. John's University (Minnesota), 1989 Admitted to Practice State of Minnesota, 1998. DOHERTY RUMBLE & BUTLER SC; = °k PROFESSIONAL ASSOCIATION 651/265 -4257 johnskd @drblaw. com January 6, 1999 Mr. James Hurm City Administrator /Clerk 5755 Country Club Road Shorewood, MN 55331 -8927 Re: Proposal for City of Shorewood Dear Mr. Hurm: Doherty, Rumble & Butler (DRB) appreciates the opportunity to submit this proposal to provide legal services to the City of Shorewood. The team we have assembled is experienced in serving municipalities and public entities. 1 fl DRB currently serves as City Attorney to the City of Elk River, and special counsel to the St. Paul Port Authority, City of Hopkins, Minneapolis Community Development Agency, Metropolitan Council, Solid Waste Management Coordinating Board, Prairieland Solid Waste Board and a variety of other municipal entities. We would very much like to also serve the City of Shorewood. If DRB is selected, I would oversee all legal services to the City of Shorewood. It is our intention to provide the best legal services available to the City and to put your needs and interests first. We offer all the necessary legal services a municipality would need. Because of our knowledge and experience, DRB will provide timely, cost - effective legal services to the City of Shorewood. The lawyers on our team are some of the most talented, well- respected lawyers in their respective areas of practice in the Twin Cities. I look forward to meeting with the City Council to discuss the contents of this proposal. Sincerely, DOHERTY, RUMBLE & BUTLER PROFESSIONAL ASSOCIATION Kcv n D. Johnson Enclosures 1 Proposal to Provide Legal Services to the City of Shorewood Submitted by: Doherty, Rumble & Butler, P.A. 2800 Minnesota World Trade Center St. Paul, MN 55101 Contact: Mr. Kevin Johnson, (651) 265 -4257 January 6, 1999 °I. Firm Background 1 1 t 1 Doherty, Rumble & Butler, P.A. ( "DRB ") is Minnesota's oldest law firm, established in 1859. It has a rich and varied history of contributions to the growth of the State of Minnesota and its legal community. The attorneys of DRB are organized into 15 areas of practice, each focusing on a particular discipline. It is an approach that lets us work collaboratively, drawing on each attorney's expertise and talent to create insightful legal solutions. It is rooted in a belief that our work first and foremost serves our clients' larger strategic needs. And it creates relationships that make us as much advisor and partner in their success, as attorney and client. Following are the 15 practice groups: • Antitrust and Distribution • Banking, Bankruptcy and Commercial Law • Cooperative and Agribusiness • Corporate Finance and Securities • Emerging Businesses • Employee Benefits • Environmental, Land Use and Energy • Health Care, Tax- Exempt Organizations • Intellectual Property and Licensing • Labor and Employment • Military Medicine • Real Estate • Tax Law and Tax Litigation • Torts, Insurance and Personal Injury • Trusts and Estate Planning The majority of the team that would serve the City come from the Environmental, Land Use and Energy, Real Estate, and Labor and Employment groups. Office Locations DRB has five offices across the nation: Saint Paul: 2800 Minnesota World Trade Center 30 East Seventh Street Saint Paul, Minnesota 55101 -4999 Phone: 651- 265 -4000 FAX: 651- 265 -3900 Minneapolis: 3500 Fifth Street Towers 150 South Fifth Street Minneapolis, Minnesota 55402 -4235 Phone: 612 - 677 -4500 FAX: 612- 677 -4800 Washington, D.C.: Suite 1100 1401 New York Avenue, NW Washington, D.C. 20005 Phone: 202 - 393 -2554 FAX: 202 - 393 -3131 Denver Office 2400 One Tabor Center 1200 Seventeenth Street Denver, Colorado 80202 -5824 Phone: 303 -572 -6200 FAX: 303 -572 -6203 -1- I ` California: Bishop Ranch Business Park Suite 175 • 12667 Alcosta Boulevard San Ramon, California 94583 Phone: 925- 328 -0685 FAX: 925- 328 -0795 Lawyers from both the Minneapolis and St. Paul offices would provide legal assistance to the City. Personnel DRB is proud of the depth of experienced personnel from which we can select the best attorney or team of attorneys for a particular case or problem. Our depth of 100 attorneys allows us to provide efficient, effective, timely service to our clients. The firm has 57 shareholders and 40 associates. An additional 3 lawyers are of counsel or on contract to the firm. We also employ 16 paralegals, and 139 staff persons. All clerical services are provided by full time employees, with the exception of copying or duplicating functions in the Saint Paul and Minneapolis offices which are provided by an outside vendor on contract that provides full time personnel in our offices. Legal Library and Research Capabilities DRB has an extensive law library collection. In addition to case law reporters for the entire regional reporter system and federal reporters, with citators, the library contains encyclopedias, digests, form sets, and treatises pertaining to law in general and various specialty areas of the law. Four librarians staff the Saint Paul and Minneapolis offices. To supplement the firm collections, the librarians make frequent and regular use of various local libraries. On -line access to catalogs for these other libraries provides for quick determination of our most advantageous access point. There are excellent current and historical resources for federal and Minnesota laws, statutes and regulatory materials. Subject area services and treatises provide statutory information for other states. The library purchases city charters and codes for Minneapolis, Saint Paul, and several suburban cities. Both WESTLAW and LEXIS are used when appropriate to facilitate research and provide access to materials not otherwise readily available. Dialog, a broad coverage computer research service, is also in use. CD- ROM technology is being utilized in some specialty areas, with a possibility of more services being available in the future. The library is also making use of computer on -line access to federal court dockets and state corporate filing information, as well as free research on the Internet. The library is accustomed to providing service on demand. Most information requests to the library can be filled on a same day or next day basis, although the time required depends on the nature of the request. Response to information requests for our attorneys is always the top library priority. . II. Services The services provided would include, but are not limited to the following: 1. Attendance at all City Council meetings, and on a request basis, other City or committee meetings. 2. Meeting with and advising Councilmembers, City Administrator, department heads, and designated individuals on general legal matters. 3. Representation of the City in the acquisition or condemnation of properties for public improvements, easements, parks, etc. 4. Research and submission of legal opinions of municipal or other legal matters. Maintenance of an indexed legal opinion book at City Hall. 5. Providing on a periodic basis written updates on new state or federal legislation or judicial holdings impacting upon the City, and suggested actions or changes in operations or procedures to assure compliance. 6. Prepare Resolutions, Ordinances and code changes and review development agreements as needed/requested. 7. Defend the City in all litigation, except in those cases where insurance companies provide defense, including but not limited to: (1) human rights claims; (2) zoning, permits, administrative actions; (3) labor matters. 8. Draft complaints and represent the City at court appearances, including pretrial conferences, court and jury trials. III. Team Structure If DRB is selected, Kevin Johnson will function as the City Attorney for general legal services. Mr. Johnson's practice method is one of analysis, counsel, negotiation, mediation, compromise, all with the view r 9. Prepare and litigate lessor civil cases including hazardous building actions. 10. Respond to complaints /inquiries from the public. 11. Initial response to City staff inquiries and return telephone calls within 24 hours. 12. Review bonds, deeds, securities and insurance requirements by or for City contracts or activities. 13. Review documents submitted by bond counsel involving the issuance of debt related instruments and provide opinions as required. 14. Review of municipal contracts, including contracts for public improvements, developments, joint powers agreements, construction, purchase of equipment and the like. III. Team Structure If DRB is selected, Kevin Johnson will function as the City Attorney for general legal services. Mr. Johnson's practice method is one of analysis, counsel, negotiation, mediation, compromise, all with the view r 1 toward advocacy of the client's interest measured by an awareness and appreciation of the difficult balances that need to be struck both with respect to public policy and law as a community grows and matures. Mr. Johnson seeks to minimize litigation. He exercises every effort to bring about resolutions of disputes short of litigation. As a consequence, he is proactive and endeavors to offer non - litigation solutions to problems at all times. This usually results in overall cost savings in legal fees. Mr. Johnson is a senior associate with DRB with an extensive practice representing public and private sector clients. His experience representing and advising public sector clients consists primarily of assistance to Peter Beck, a DRB shareholder who serves as City Attorney for the City of Elk River, special counsel to the Solid Waste Management Coordinating Board, a joint powers board of six Metropolitan area counties dealing with solid waste management issues, and special counsel to the Prairieland Solid Waste Board, a joint powers board consisting of Martin and Faribault Counties. Mr. Johnson's work with the City of Elk River has consisted of ordinance drafting and review, assistance on zoning, conditional use permit, and licensing cases, and building and zoning code enforcement matters, including actions under the Minnesota Hazardous Buildings and Property Abatement statute. His work for the Solid Waste Management Coordinating Board has consisted of drafting and implementing joint powers agreements, contracting assistance, and contracting and finance issues. Mr. Johnson recently assisted the Prairieland Solid Waste Board in enacting ordinances governing solid waste management issues and in implementing waste delivery contracts. Mr. Johnson's work with private sector clients has included zoning analysis, environmental assessment, assistance in obtaining conditional use permits and licenses, and overall project development and finance, including agreements related to property transfer. Prior to joining DRB in 1995, Mr. Johnson worked 14 years for a variety of State agencies in the area of environmental, natural resource and land use matters. In addition to his law degree, Mr. Johnson also has a Masters Degree in Public Administration from Hamline University. Even though Mr. Johnson has a busy practice, his mode of operation is to always return phone calls within a 24 -hour period, with limited exceptions. In most instances, the phone calls are returned the same day they are received. Mr. Johnson has a mobile phone, voice mail, and e-mail to facilitate communication should an attorney be away from the office. Mr. Johnson will oversee staffing, billing and client communication. Mr. Johnson will attend all City Council meetings (vacations excluded). Mr. Johnson is able to draw upon the many other skills in the firm as and when needed. With his extensive management skills and strong understanding of the lawyers' capabilities, he will be responsible for direct legal services and identifying the attorney or team best suited to working on a particular matter. Whenever possible and to the extent that the best qualified attorneys are representing the City, our aim will be to maintain a continuity of representation from matter to matter. Initially, most first contacts with the firm will go through Mr. Johnson. As time goes on, more direct contacts by the City with other attorneys may prove convenient. In all instances, however, Mr. Johnson is responsible for the quality, timeliness, and cost - effectiveness of legal services to the City. Mr. Johnson devotes full time to the service of his clients and is available immediately to serve the City of Shorewood. He has well - developed skills in delivery of legal services. Moreover, he recognizes the value of paralegals, and attempts to use them where at all possible to keep the cost of services at acceptable levels. ■ Dave Sellergren, Peter Beck, Dick Nowlin, Sherrill Oman, Marc Manderscheid, Howard Roston, Robert Hensley, Lenny Segal, Kristin Boetticher, Greg Munson and Steve Heurung will also provide services from time to time. Of course, Mr. Johnson could call on any one of the other skilled professionals at DRB as he needs them. Detailed resumes of each of these attorneys and legal assistant are provided in Attachment A. r Team Organizational Chart LEAD ATTORNEY Kevin Johnson Kevin Johnson Peter Beck Dave SeBergren Greg Munson Sherrill Oman Mark Manderscheld Dick Nowlin Steve Heurung w t t LI IV. Specific Qualifications Leroy Segal Kristin Boetdtcber Howard Roston Robert Hensley Zoning and Development Kevin Johnson, Dave Sellergren, Peter Beck and Dick Nowlin have extensive experience in zoning and development law. Mr. Johnson has advised the City of Elk River and a variety of private sector clients on local land use and development matters, including zoning ordinances, conditional use permits, moratoriums, environmental review and property transfers. Mr. Sellergren, who has been City Attorney for Elk River and Shorewood, as well as special counsel to a number of other cities has great familiarity and knowledge with respect to the city codes and practices of many cities in the Twin Cities area. Mr. Sellergren, together with Sherrill Oman, have provided nearly all the legal services to the Bloomington Housing and Redevelopment Authority since 1975 and currently provide services to the Minneapolis Community Development Agency with respect to redevelopment projects. Dick Nowlin serves as primary council to the St. Paul Port Authority on the environmental aspect of redevelopment projects and provides services to the Metropolitan Council on regional planning and development issues. David Sellergren, Sherrill Oman and Peter Beck have extensive experience in the drafting and negotiation of development and redevelopment contracts, property transfer and real estate finance documentation, and leases. These individuals have in excess of 90 years combined experience in providing such services. Ms. Oman and Mr. Sellergren have provided nearly all of the legal services to the Bloomington Housing and Redevelopment Authority since 1975. Mr. Sellergren is currently providing services to the Minneapolis Community Development Agency with respect to a redevelopment project and environmental cleanup problems. Mr. Scoll has vast experience in housing finance. All of these individuals also have represented a number of clients in housing and redevelopment, financings, leasing, loan structuring, business structuring, etc. 981050 -5- Condemnation Proceedings This firm possesses significant expertise and experience in condemnation proceedings. Marc Manderscheid and Howard Roston perform a significant amount of condemnation work for the St. Paul Port Authority as well as the City of St. Paul and the Minneapolis Community Development Agency for new and redevelopment projects. In addition, we have broad experience in real estate related litigation and valuation questions. We have no hesitancy in asserting capabilities in eminent domain since litigation skills, preparation and examination of valuation experts, appearances before condemnation commissioners, briefing of legal authority on eminent domain are all experiences and expertise within this firm. Municipal Finance We have been involved in a large number and variety of tax - exempt financing transactions, including general obligation bonds, 501(c)(3) bonds, multifamily housing revenue bonds, municipal leasing, hospital financings, tax increment financing, and commercial and industrial development bonds. We have participated in these transactions as bond counsel, developer's counsel, city attorney, underwriter's counsel, and lender's counsel. Ms. Oman is DRB's bond lawyer. Of the many bond transactions in which Ms. Oman has participated over the last eight years, more than half were multifamily housing revenue bonds. She t has served as bond counsel, underwriter's counsel, lender's counsel and developer's counsel. Ms. Oman represented the Resolution Trust Corporation (RTC) in bond issues secured by letters of credit from insolvent thrifts. Ms. Oman has been bond counsel in several general obligation bond issues for the City of Elk River and Oak Grove Township. The City of Elk River bonds have included bonds for the construction of a jailhouse facility and bonds for the construction of a city hall and public safety building. She has also been bond counsel for special assessment and tax increment general obligation bonds. Ms. Oman has been an active member of the Minnesota Association of Local Housing Finance r Agencies for several years. Special Assessments DRB attorneys have significant experience in the area of special assessments via their representation of the City of Elk River and by acting as special counsel to other Minnesota municipalities. Environmental Issues The firm provides legal services to many counties, some cities, and many private sector entities regarding environmental law. For example, DRB represented the City of Hopkins as Special Counsel with respect to remediation, closure, and post- closure of the Seventh Street landfill. The firm's services to Hopkins included: advice and counsel, negotiation and stipulations with the Minnesota Pollution Control Agency with respect to closure and post - closure applications; advice, counsel, and negotiations with respect to potential liability to adjacent landowners and homeowners in association with alleged emissions of methane gas; drafting and lobbying special legislation relative to bonding authority and appropriation to use public funds for remediation costs; preparation of legislation and plan for a tax increment financing hazardous substance subdistrict; general advice and counsel. Messrs. Johnson, Beck, Nowlin and Sellergren have vast experience in the environmental review (EAW/EIS) aspects of development projects, and also provides advice and counsel with respect to property transfers, remediation, groundwater contamination, and air quality permits. We have particular expertise with respect to obtaining indirect source permits from the MPCA for large -scale 1 981050 -6- t � I Howard Roston, Associate $145 Robert Hensley, Shareholder $220 Greg Munson, Associate $120 Paralegals Rate Steve Heurung $100 �1 It seems reasonable to assume that most development and public works related legal costs could be passed on to the developers or paid out of bond proceeds or from other sources as is done in many cities in the metropolitan area. It also seems reasonable to assume that certain litigation fees may be recoverable from other funding sources. For example, litigation related to special assessment appeals most often is an expense which is paid out of bond proceeds or other funding sources which relate to the project underlying the special assessment. If preferred by the City, DRB will charge a blended rate of $130 per hour. If the City wishes to discuss a monthly or annual retainer arrangement for certain services, we are amenable to that 1 arrangement. We would need further discussion with your present City Attorney and the City Administrator to ascertain work volume to arrive at a fair arrangement. DRB has never engaged in charging clients for word processing services, flat overhead fees, indirect telephone costs, or other costs which are currently added to invoices by other law firms as a matter of routine. All travel, copying, facsimile, direct telephone, Westlaw/Lexis, and other such costs are negotiable. As to hourly charges, the firm generally bills one quarter hour as a minimum increment of time billed for service. DRB's accounting computers provide a variety of billing format options for clients. Invoicing can easily be done by areas of practice, provide more detail or less detail, and be tailored to fit the client's needs. DRB can provide the City of Shorewood the billing format described in the City's Request for Proposals. 1998 Municipal Billings DRB's 1998 municipal related billings were approximately $1 million, which represents less than five percent of the firm's overall billings. VI. Conflict of Interest If DRB is selected to serve the City f Shorewood it would not seek to represent an new clients that tY P Y would create a conflict in serving the City. DRB currently represents AT &T Wireless, which has a mobile phone service antenna located in Shorewood and plans to install another antenna in the City. This conflict of interest would not be waiveable; therefore the City would need to retain separate legal counsel for any dealings with AT &T Wireless matters. Lawyers at DRB routinely conduct conflict of interest checks before opening new files. This is done electronically and cross - referenced using a form which is sent to all attorneys, paralegals and the firm administrator. Should there be a potential conflict, the attorneys immediately consult and resolve the issue before the clients are adversely affected. 1 981050 -8- VII. References DRB References Mary Richardson Solid Waste Management Coordinating Board 413 Wacouta St. 200 Gilbert Bldg. St. Paul, Minnesota 55101 651- 222 -7227 Mark Bauman Prairieland Solid Waste Board 801 E. 5` St. N. P.O. Box 100 Truman, Minnesota 56088 -0100 507- 776 -3232 Bloomington Housing and Redevelopment Authority Regina Harris, Administrator 2215 W. Old Shakopee Road Bloomington, Minnesota (6.12)887 -9637 City of Elk River Pat Klaers, City Administrator 720 Dodge Avenue NW Elk River, Minnesota (612) 441 -7420 City of Hopkins 1010 South First Street Hopkins, Minnesota 55343 (612) 935 -8474 Saint Paul Port Authority Terry Garvey 1900 Landmark Tower 345 St. Peter Street Saint Paul, Minnesota 55101 (651) 224 -5686 Minneapolis Community Development Agency Crown Roller Mill, Suite 200 105 Fifth Avenue South Minneapolis, Minnesota 55401 -2534 (612) 673 -5170 981050 -9- VIII. Affirmative Action and Insurance DRB maintains an affirmative action policy and general and professional liability insurance policies copies of which could be provided to the City upon request. 981050 -10- t 1 Ci t D, t Kevin D. Johnson Team Resumes Kevin Johnson is an associate with the law firm of Doherty, Rumble & Butler, P.A. Based in the firm's St. Paul, Minnesota office, Mr. Johnson has developed an extensive practice in advising and representing clients in the areas of environmental, land use, municipal and agricultural law. He also represents clients on legislative issues. Mr. Johnson advises and represents companies, local governments -- including counties and cities -- and individuals. His experience includes: environmental and municipal regulatory compliance, federal, state and local permitting and licensing; siting and development of waste management and other environmental projects; corporate, limited liability, cooperative and joint powers board formation, finance and securities; negotiation and drafting agreements; and administrative rulemaking. He also has extensive experience drafting ordinances and legislation and representing public and private sector clients on legislative issues. Kevin Johnson received his bachelor's degree in journalism from the University of Minnesota in 1983 and a master's degree in public administration from Hamline University in 1989. He graduated from William Mitchell College of Law and was admitted to practice in 1993. Peter K. Beek Peter K. Beck brings 20 years of municipal, land use and environmental law experience to Doherty, Rumble & Butler. He is a shareholder based in the Minneapolis office. Prior to joining DRB, Mr. Beck served as Chair of the Land Use, Municipal and Environmental Law Department at Larkin, Hoffman, Daly & Lindgren, Ltd. Mr. Beck's public sector experience includes serving as City Attorney for the City of Elk River, Minnesota, and serving as special counsel on environmental, municipal liability and other issues for a number of governmental entities. Mr. Beck's private sector experience includes general land use and environmental representation in all types of proceedings affecting the ownership, use and development of land. Mr. Beck is recognized in the Minnesota Business Guidebook to Law & Leading Attorneys for federal, state and local government law, commercial real estate law, and environmental law. He has served on the faculty for numerous continuing legal education seminars on land use, environmental and telecommunication issues; for the League of Minnesota Cities Government Training Institute Seminars for City officials; and as an instructor of Land Use Law at Hamline University. Mr. Beck received his bachelor's degree with highest honors from Hamlin University in 1973 and graduated with honors from the National Law Center, George Washington University, in Washington, D.C. in 1977. While in the District of Columbia, he served as a staff lawyer for the Supreme Court of the United States. Mr. Beck is admitted to the practice of law in Minnesota, Virginia and the District of Columbia. 981191.1 1 t 1 1 t t Robert G. Hensley Robert G. Hensley is a shareholder in the St. Paul office of Doherty, Rumble & Butler. Mr. Hensley is licensed to practice in Minnesota, Texas, California and before the Court of International Trade, and represents clients throughout the United States and abroad in complex litigation and on various commercial issues. His clients range from Fortune 500 companies to individuals with an assortment of legal problems. Mr. Hensley has significant experience working on legal matters involving contracts, construction law, land use, unfair business practices, and agricultural cooperatives. Mr. Hensley is active in the legal profession and the community. He is the immediate past Chairman of the Board and President of SteppingStone Theater for Youth (St. Paul), on the board of directors for Minnesota Landmarks, served on the Governing Council of the Minnesota State Bar Association Construction Law Section, former Chair of the St. Paul Chamber of Commerce Ambassadors, and previously chaired the Litigation Section of the Ramsey County Bar Association. Mr. Hensley also represents various non - profit organizations on a pro bono basis. Mr. Hensley is a 1984 graduate of Austin College in Sherman, Texas, majoring in Business and Psychology. In 1987, he graduated from Baylor University School of Law where he was a member of the Baylor Order of Barristers, an honorary oral advocacy group. A Twin Cities resident, he and his wife, Lindy, have three children and a vizsla. He enjoys archery, sailing, and the guitar. Steven H. Heurung Steven H. Heurung joined Doherty, Rumble & Butler's Environmental and Land Use Law Department in 1992 as a legal assistant. Mr. Heurung graduated from the University of Minnesota in 1984 with a B.S. degree in Biology. Before joining Doherty, Rumble & Butler, Mr. Heurung spent seven years in Washington, D.C., working for two environmental consulting firms, ICF, Inc. and Dynamac, Corp. Mr. Heurung's experience with DRB's Environmental and Land Use Law Department includes extensive work with Brownfields investigation, cleanup, liability clearance and funding; shoreland, wetland and wastewater permitting; and agricultural chemical and petroleum contamination investigation, cleanup and funding. Marc Manderscheid Marc Manderscheid, a shareholder, practices in the areas of business and commercial litigation, including real estate, eminent domain, contract, construction claims, creditor representation in bankruptcy, complex litigation, and ERISA litigation. Mr. Manderscheid has significant experience in resolving problems relating to real property, including valuation issues, secured lending problems, construction litigation, and government projects. Although he now spends full time in litigation, Mr. 981191.1 2 t I 1 t 1 L� t t t Manderscheid began his legal practice as a commercial attorney drafting documentation for secured transactions, real estate, and general business. Mr. Manderscheid is active in several professional and civic organizations. In November 1993, Marc Manderscheid was elected to a four -year term on the Saint Paul Board of Education, where he served as Vice Chairman. In addition, he has participated on the Board of Directors for the Saint Paul Public Schools Foundation; Educational Technology Associates; Prepare Saint Paul; the City of Saint Paul Charter Commission; the Saint Paul Downtown Council, and the Citizen's Advisory Committee to the Ramsey County Regional Railroad Authority. He is active in the Saint Paul Area Chamber of Commerce, youth soccer, and in his church. Originally from South Dakota, Mr. Manderscheid is a summa cum laude graduate of Augustana College with majors in business administration and political science. He received his J.D. from the University of Pennsylvania Law School where he was on Penn's National Moot Court team. Mr. Manderscheid is a member of the American, Minnesota State, and Ramsey County Bar Associations and the specialty sections involving litigation, bankruptcy, and construction. He is a Fellow of the American Bar Foundation. Gregory W. Munson Gregory W. Munson is an associate at the firm of Doherty, Rumble & Butler and is a member of the Real Estate and Environmental/Land Use and Energy Groups in DRB's Minneapolis office. His practice focuses on general real estate and land use matters. In addition, he currently represents a major grain elevator in its disputes with farmers over grain contracts, and has had other litigation experience. Greg has done extensive pro bono work representing lawful permanent aliens in challenging the constitutionality of the food stamp provisions contained in the Welfare Reform Act. He is also a member of the Lewis House team where he assists women to obtain protective orders. Greg Munson is also a member of the Board of Directors at YMCA Camp St. Croix. Gregory Munson graduated from Gustavus Adolphus College in 1994 where he received a B.A. in English and Psychology. Mr. Munson received his J.D. cum laude from the University of Minnesota where he was named First Place Oralist in the Maynard Pirsig Moot Court Competition. He is admitted to practice before the Minnesota Supreme Court and the Federal District Court for the District of Minnesota. He is a member of the Minnesota Bar Association and American Bar Association. Dick Nowlin Dick Nowlin is a shareholder at Doherty, Rumble & Butler's Saint Paul office and heads the firm's Environmental, Land Use and Energy Group. Mr. Nowlin has practiced in the environmental, waste and land use law area throughout his twenty -five year career. His practice involves: structuring, 981191.1 3 t J J t t I1 contracting and securing governmental authorizations for complex land and water uses, ranging from feedlots and marinas to waste facilities. He also handles all types of environmental, regulatory and Superfund matters for public and private entities. Mr. Nowlin's concentration in the environmental and land use area grew principally from his work in writing and interpreting laws, regulations plans and other documentation for the Metropolitan Council in the 1970's. Much of his practice involves regulatory and administrative matters with the Minnesota Pollution Control Agency, Department of Natural Resources, and Metropolitan Council. Mr.Nowlin is a 1968 graduate of the University of Minnesota Law School. He is a frequent lecturer on matters dealing with solid waste, ground water contamination, Brownfield redevelopment and land use planning legislation and litigation. He is a member of the St. Paul Planning Commission. He belongs to the Minnesota Planning Association, the Industrial Council on Environmental Management, and is a former director of the Sensible Land Use Coalition and helped organize the River Resource Alliance. He is a member of the Ramsey County and Minnesota Bar Associations, and the Environmental Section of the MSBA. Sherrill Oman Sherrill Oman, a shareholder, joined the Minneapolis office of Doherty, Rumble & Butler in December 1992. Ms. Oman practices primarily in structured finance and real estate development and redevelopment, with a special emphasis on multifamily housing. In addition to her work with the Bloomington, Minnesota, Housing and Redevelopment Authority (for which she acts as general counsel) and the Minneapolis Community Development Agency (which she advises in connection with housing finance and low income housing tax credits), she represents mortgage lenders and developers in acquisition and financing transactions. In the area of structured finance, Ms. Oman has acted as bond counsel in issues of multifamily housing revenue bonds involving many different structures and credit enhancements. Ms. Oman has substantial experience in tax increment financing, and aids governmental entities and private companies in the structuring and issuance of taxable and tax- exempt debt. Ms. Oman has worked extensively with public- private partnerships and is familiar with the local, state and federal programs available to further both public - private partnerships and private development. ' Ms. Oman received her Bachelor of Arts degree from the University of Denver in 1969 and in 1982 graduated from the University of Minnesota Law School magna cum laude. She was an editor of the Minnesota Law Review and was elected to the Order of Coif. Ms. Oman has lectured frequently on real estate financing and development and is a member of the Real Property Section of the Hennepin County Bar Association, the Minnesota State Bar Association, and the Real Property, Probate and Trust Law and the Urban, State and Local Government Law Sections of the American Bar Association, including its Affordable Housing Forum. She is also a member of the Minnesota Mortgage Banker's Association, the National Association of Bond Lawyers, and the Minnesota Association of Local Housing Finance Agencies. 1 981191.1 4 J Howard Roston Howard A. Roston is an associate in the Litigation Department at the Saint Paul office of Doherty, Rumble & Butler, P.A. He practices in the areas of real estate litigation and products liability litigation. His real estate practice includes representing individuals, corporations, and small businesses in a wide variety of matters, including contract disputes, landlord/tenant disputes, zoning and land use claims and collection matters. He also represents public entities and private land owners in all aspects of condemnation and relocation. His products liability practice includes representing manufactures in complex and mass tort litigation in both Federal and Minnesota State courts. ' Prior to attending law school, Mr. Roston was the president of a Minnesota corporation which operated men's clothing stores in Minneapolis and Rochester. Mr. Roston is a 1995 cum laude graduate of the University of Minnesota Law School and a 1992 graduate of the University of Minnesota School of Journalism and Mass Communications. Mr. Roston has lived in the Twin Cities Metropolitan area his entire life. Leonard B. Segal Leonard B. Segal, an associate, concentrates his practice in labor and employment law at the Minneapolis office of Doherty, Rumble & Butler. Mr. Segal represents clients in employment- related and commercial litigation matters such as discrimination, breach of contract, and sexual harassment. He also provides counseling to businesses covering a wide range of employment- related issues including discipline and discharge, employment policies, hiring practices, drug testing, and affirmative action requirements. Mr. Segal also represents businesses in labor arbitrations and in connection with initial organizing campaigns conducted by unions. Mr. Segal graduated from the University of Minnesota's School of Management in 1990 with a B. S. in Business. He received his J.D. degree from the University of California at Los Angeles School of Law in 1993 where he was a member of the Moot Court Honors Program and of the Phi Alpha Delta Law Fraternity. Before joining DRB, Leonard Segal worked in the labor and employment law 1 department at Parker, Milliken, Clark, O'Hara & Samuelian in Los Angeles, California. Mr. Segal is admitted to practice in California and Minnesota State Courts, the United States Courts ' of Appeals for the Eighth and Ninth Circuits, and the United States District Courts for the Central District of California, the Eastern District of California, the District of Minnesota, and the District of North Dakota. He is a member of the Labor and Employment Law Sections of the American, Minnesota State, California State, Los Angeles County, and Hennepin County Bar Associations. David Sellergren David Sellergren is a shareholder of Doherty, Rumble & Butler and a resident of the firm's Minneapolis office. He concentrates his twenty -six years of private practice in land use and development, environmental law, tax increment financing, housing and redevelopment, municipal and 981191.1 5 state agency law, and real estate transactions. As a member of the Environmental, Land Use and Energy group, David Sellergren focuses on development and redevelopment approvals, environmental review and permits, and residential/golf course development. As a member of the Real Estate group, he concentrates on purchase and sales agreements, development financing and public finance. Mr. Sellergren is nationally recognized for expertise in real estate law in the sixth and seventh editions of The Best Lawyers in America and Who's Who in American Law and state -wide for real estate federal, state, and local government law as a "Super Lawyer" and in the Minnesota Guidebook to Law and Leading Attorneys. He is an adjunct professor, Law and Urban Land Use, Hubert H. Humphrey Institute of Public Affairs, University of Minnesota. A frequent lecturer on environmental and land use topics, Mr. Sellergren has authored several articles published in the Minnesota Real ' Estate Journal and the Minnesota Real Estate Law Journal. Prior to entering private practice, he served four years as a Lieutenant in the U.S. Navy, Judge Advocate General Corps, with an emphasis on health care law and appellate practice. He received a bachelor's degree from Grinnell College In 1965, Jurls Doctor from the University of, ' Minnesota in 1968, and Master of Laws, Environmental Law, from the National Law Center at The George Washington University in 1972. David Sellergren is admitted to practice in Minnesota and Iowa, before the United States Court of Military Appeals and the United States Supreme Court. 1 1 k 1 t f 1 981191.1 6 �L� t 7 1 r Ij i DOHERTY, RUMBLE & BUTLER MUNICIPAL LITIGATION EXPERIENCE Dakota Barge Co v St Paul Port Authority and Upper River Services Inc Court File No. C3 -96 -1853. Successful defense of lawsuits alleging arbitrary and capricious conduct by the St. Paul Port Authority in awarding leases for barge fleeting areas (which are areas where barges are parked along the riverbank) in the St. Paul harbor. DRB recently obtained on behalf of Intervenor Upper River Services, Inc., a parry allied with the St. Paul Port Authority, an order upholding the St. Paul Port Authority's review and award process for the award of fleet leases. Douglas J. Schaller v. County of Blue Earth Court File No. C5 -96 -260. Defense of the County of Blue Earth in a suit under the Minnesota Environmental Rights Act challenging a highway project for alleged violation of Minnesota noise standards and impairment of natural resources. Minnesota Family Farms Cooperative v. The Board of Supervisors of Kenyon Township, Court File No. CV 3 -96 -584. August, 1996. Successful action to enjoin Township from enforcing moratorium ordinance against cooperative's animal feedlot construction. City of New Brighton v. Clark Court File No. C6 -94 -6620. Settled December 1995. Representation of building owner in condemnation proceeding which secured increase in amount paid by condemning authority for land and reduced environmental remediation cost deduction. Mim=ohs Community Development Agency v. Rollins Leasing Corporation Court File No. MC 95- 005140 (Hennepin County District Court, Fourth Judicial District, State of Minnesota). Representation of Minneapolis Community Development Agency in action seeking entry to defendant's property to conduct environmental testing as part of determining whether to proceed with condemnation action related to development of commercial shopping center. The Court granted the access in the face of strong opposition by the defendant. City of River Falls. Wisconsin v. Town of Clifton. Wisconsin. Town of Troy. Wisconsin. Town of River Falls Civil File No. 95 -C- 0428 -S. Settled. Successful defense of Towns to action by City to collect money for investigation and cleanup of landfill contamination. IRRRA & Minn Center for Envir'd Advocacy vs IRREB James Gustafson and St Louis County 531 NW 2d 874, Minn. Apps., May 16, 1995, C2 -94 -2245 Successful defense to challenge to the adequacy of the decision not to prepare an Environmental Impact Statement for a major golf course, ski area and housing expansion in Biwabik, MN. 1 r] I I Cry of Hopkins v Arthur Johnson Court File No. CD -95 -2381 Representation of condemning authority involving effect of contamination on value of land. Cry of Chanhassen v Frank Beddor. Jr et al , May 16, 1995, Court File No. C9 -94 -2016 Utilization ofMinnesota Environmental Rights Act counterclaim as defense in condemnation action, leading to settlement under which the proposed project did not go forward. Charles Cudd Co v City of Minnetrista and Scott Carlson Mayor. City of Minnetrista Court File No. AP 95- 016621 Secured Summary Judgment Motion for housing developer against City which misconstrued setback requirement in its zoning ordinance. Twin City Testing vs. St. Paul Port Authority C2 -94 -1883, March, 1995 Successful defense to attempt to make Port Authority responsible for groundwater contamination, investigation and remediation at redevelopment site. J Washington County vs. Diamond Grit of Ortonville KO -94 -5611 and K2 -94 -5609, Jan. 1995 Successful defense to challenge to disposal practices at industrial waste landfill. St. Paul Port Authority vs. Archer Daniels Midland, Burlin& ton Northern Rrd. and Glacier Park Co. March 28, 1994 Successful transfer by the St. Paul Port Authority of responsibility for conducting investigation and remediation of major Superfund contamination site to defendant companies. Mineral Springs v. Goodhue County v. Cannon Falls Township and State of Minnesota Court File No. 33759 (Goodhue County), Court File No. 33759, 1992. Defense and settlement of claim by property purchaser from claims for breach of warranty and regulatory taking because of purchaser's inability to develop property for more intensive use than was allowed under zoning regulations. Svlvester Bros. Dev. Co. v. City of East Bethel Anoka Co. D. Ct. C6 -90 -7953, October 30, 1991 Partially successful establishment of rezoning to accommodate pre - existing nonconforming use despite City opposition Herbst v. City of Blaine Anoka County District Court, 1990. Restraining order and alternative suit for Mandamus on behalf of Herbst for an extension of ' conditional use permit for demo landfill. Before hearing was held, the Blaine City Council, granted the extension prayed for. I FDN 981161.1 2 0 J KENNEDY &GRAVEN CHARTERED RESPONSE TO REQUEST FOR PROPOSALS Ll ATTORNEY SERVICES CITY OF SHOREWOOD Ll Contact Person: John B. Dean January 4, 1999 470 Pillsbury Center Minneapolis, MN 55402 (612) 337 -9300 u C7 • Mo Page • A. FIRM BACKGROUND .......................... 1. Brief History a. MUNICIPAL LITIGATION .......................................... ............................... 2 b. KNOWLEDGE OF CERTAIN AREAS ............ 4 C. EMPLOYMENT LAW EXPERIENCE ........................ ............................... 5 d. EXPERIENCE IN TAX INCREMENT FINANCING AND MUNICIPAL FINANCING ............................................ ............................... 6 • e. FAMILIARITY WITH PROSECUTION ..................... ............................... 6 2. Number of Attorneys / Specialities ................................................ ............................... 6 3. Number of Paralegals and Support Personnel ............................. ............................... 7 • 4. Office Organization and Support Capabilities .............................. ............................... 7 B. ATTORNEY QUALIFICATIONS ......................................................... ............................... 7- • C. FIRM QUALIFICATIONS ................................................................... ............................... 10 D . FEES ...................................................................................................... ............................... 12 ATTACHMENTS • Attorney Resumes of Attorneys Practicing in Areas Relevant to the City Additional Firm Information J A. FIRM BACKGROUND • Brief History r, • • u 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 fur'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 fur has been extensively involved in the representation of public sector clients. The firm represents the following governmental units as general counsel: City of Brooklyn Center City of Brooklyn Park City of Cottage Grove City of Crystal City of Independence City of Kenyon City of Lauderdale City of Loretto City of Medina City of Mound City of Mounds View City of New Brighton City of Richfield City of Robbinsdale City of Rosemount City of Sandstone City of Shakopee City of Shorewood City of West Concord Lake Minnetonka Conservation District White Bear Lake Conservation District Local Government Information Service (LOGIS) Hennepin Recycling Group (HRG) Suburban Rate Authority (SRA) Bassett Creek Water Management Comm. Lower Rum River Watershed Mgmt. Comm. Shingle Creek Watershed Mgmt. Comm. 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 Burnsville EDA Chanhassen EDA Columbia Heights HRA Crystal EDA Red Wing Port Authority Richfield HRA Robbinsdale EDA Rosemount Port Authority St. Louis Park EDA We also serve as special counsel on an on -going basis to approximately 30 municipalities, including Albert Lea, Burnsville, Duluth, Minneapolis and Minnetonka. D a. MUNICIPAL LITIGATION • Since its inception, Kennedy & Graven has engaged in a substantial and varied litigation practice. Attorneys from Kennedy & Graven serve as attorneys for the League of Minnesota Cities Insurance Trust, which insures over 90% of the municipalities in Minnesota. In addition to our eminent domain practice, which is discussed in more detail later, other areas of our litigation practice include: Land Use Attorneys at Kennedy & Graven have litigated numerous cases involving land i use decisions of municipalities including challenges to zoning, conditional use permits, and variances. Our attorneys have 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. • - 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. i - 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, i claims of environmental damage, claims disputing the adequacy of environmental review processes, and special assessments. • u • 2 0 7 Complex Litigation Kennedy & Graven possesses the capacity to provide litigation services to its municipal clients in unusual and complex matters. Examples include: Downtown Target Store Litigation Attorneys for the firm recently won a significant victory for the Minneapolis Community Development Agency and the City of Minneapolis in a case involving the planned Target Store and office tower in downtown Minneapolis. The case established that the City properly condemned the land for the project and that the use of tax increment financing was properly authorized. John LeFevre, Robert Lindall and Robert Alsop represented MCDA in those matters. - 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. i - Calhoun Beach Litigation: Kennedy & Graven 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. - City of Minneapolis Warehouse District: Attorneys from Kennedy & Graven 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 MHRA 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, s 3 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 MHRA on grounds that MHRA had arbitrarily and discriminatorily awarded contracts and enforced contract specifications. 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. b. KNOWLEDGE OF CERTAIN AREAS 1. 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. 2. 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. 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. r-, u • 4 � 3. Condemnation Law • Kennedy & Graven has handled both routine and complex condemnation proceedings since the fun was established. Those matters are principally handled by Robert J. Lindall, John M. LeFevre and Corrine Heine Thomson. Mr. Lindall 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). 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. 4. 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. • C. EMPLOYMENT LAW EXPERIENCE 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, affunative 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 • 5 • 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. d. EXPERIENCE IN TAX INCREMENT FINANCING AND MUNICIPAL • FINANCING The firm has a particular strength in the area of tax increment financing, having served as development or bond counsel in hundreds of transactions involving bonds, notes, and related contracts. We assist in every aspect of the tax increment financing process. Our attorneys have had continuous involvement in this area for over twenty years, providing general and special finance counsel for housing and redevelopment authorities, economic development authorities, and port authorities across Minnesota. The firm is nationally recognized in all types of municipal financing representing over 250 local government clients in Minnesota alone providing services as bond counsel, underwriter's counsel and issuer's counsel. • e. FAMILIARITY WITH PROSECUTION Kennedy & Graven does not currently provide prosecution services, however, in the past the fu did provide those services for most of its municipal clients. • Mr. Dean served as prosecutor for the cities of Richfield, Crystal, Robbinsdale, Plymouth, Brooklyn Park, Brooklyn Center and Lauderdale; and provided prosecution services on a consulting basis for Minneapolis, Bloomington and Minnetonka. Four other attorneys in our firm are also former prosecutors. Inquiries concerning these matters may be made to John Spetch, Chief of Police, City of Robbinsdale (612) 531 -1222, or to the metropolitan • communities listed in our response at C.1 below. 2. Number of Attorneys/Specialties The firm has 27 lawyers, 15 of whom are directors and shareholders, seven are associates, and five 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. 3. Number of Paralegals and Support Personnel • 6 rI LA Our firm has five individuals who are classified as paralegals. Two of the paralegals are primarily involved in litigation activities and one paralegal is assigned to each of • the areas of real estate, municipal, and public finance. Our firm's support staff totals 21 persons, 16 of whom are involved in either administrative, accounting or secretarial work. In addition, we have three law clerks and two contract individuals providing computer support. 4. 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, Jeff Downes, 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. Office Location • The address of the firm is: Kennedy & Graven, Chartered 470 Pillsbury Center Minneapolis, MN 55402 The firm also has an office at: Suite 700 St. Paul Building 6 West 5 Street St. Paul, MN 55101 The firm's telephone number for the switchboard is (612) 337 - 9300. The St. Paul telephone number is (251) 287 7 6400, 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 http: / /www.kennedy- graven.com. B. ATTORNEY QUALIFICATIONS • i. City Attorney We propose that John Dean would serve as city attorney. Mr. Dean holds a B.A. degree from the University of Kansas (1966) and a J.D. degree from the University of Minnesota (1969). Mr. Dean's practice focuses almost exclusively on the representation of local units of government. He is the city attorney for the cities of Shorewood, Mound and Robbinsdale, and acts as the assistant city attorney for the City of Richfield. Mr. Dean also provides legal • 7 L services for most of the other cities which are represented by Kennedy & Graven. Approximately 95% of Mr. Deans legal work involves representation • of local units of government. (A copy of Mr. Dean's resume is attached to this proposal.) 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. We do intend that Ronald H. Batty would be primarily available in those instances when Mr. Dean is not. • 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 Shorewood as follows: :.l 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, Steven J. Bubul, John C. Utley, Daniel J. Greensweig and John Dean (50% of time in such practice.) • d. Labor and Employment Law - John M. LeFevre (50% of time in such practice.) e. Litigation - Jim Thomson (40 %) and John M. LeFevre (30 %). Joe Y. Yang (90 %) is an associate with the firm who also practices in the • litigation area. He would be available to assist in handling any litigation on behalf of the City. • 8 0 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. 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. • d. Duane Dehnke - Mr. Dehnke has been a paralegal since 1995 and spends 100% of his time assisting the litigation department. e. Dana Kazemi — Ms. Kazemi has been a paralegal for 10 years. She spends nearly 100% of her time in litigation. • iv. Allocation of Work Mr. Dean would be available to the fullest extent needed to serve the city. He would be responsible for all 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 other attorneys of the firm who specialize in such matters (those attorneys are listed above). The firm's practice is to use experienced attorneys to perform legal work for the firm's municipal clients. Paralegals would be utilized in the manner described in paragraph iii above. • V. Future Availability Mr. Dean has no existing commitments which would interfere with his performance of the services described in B.3; nor would Mr. Dean accept any future commitments which would interfere with his ability to continue to perform those services. • 9 i• 1• V I• C. FIRM QUALIFICATIONS - 1. Municipal Client References The following are the client references for the lead attorney, Mr. Dean: a. James Prosser, City Manager C. Todd Gerhardt, City of Richfield Acting City Manager 6700 Portland Avenue South City of Chanhassen Richfield MN 55423 P.O. Box 147 (612) 861 -9705 Chanhassen, MN 55317 937 -1900 b. Dennis Kraft, City Manager City of Robbinsdale Ed Shukle 4221 Lake Road City Manager Robbinsdale, MN 55422 City of Mound (612) 537 -4534 5341 Maywood Road Mound, MN 472 -0600 Other municipal references I• I• 1• 1• 1• 0 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. John Ferris, Mayor City of Medina 2052 County Road 24 Medina MN 55340 (612) 473 -4643 Michael Norton, City Attorney City of Minneapolis A -1700 Government Center Minneapolis MN 55487 (612) 673 -2021 Rick Getschow, City Administrator City of Lauderdale 1891 Walnut Street St Paul MN 55113 -5196 (612)631 -0300 Matt Fulton, City Manager City of New Brighton 803 Fifth Avenue N.W. New Brighton MN 55112 (612) 633 -1533 Desyl Peterson, City Attorney City of Minnetonka 14600 Minnetonka Boulevard Minnetonka MN 55345 -1597 (612) 939 -8262 Don Schneider, Former HRA Director City of Columbia Heights 311 7th Street East Starbuck MN 56381 -0282 (218) 739 -6322 10 i• 1• 1• 10 1• 1• • C • 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 Mark McNeill, City Administrator City of Robbinsdale City of Shakopee 4221 Lake Road 129 Holmes Street South Robbinsdale MN 55422 Shakopee, MN 55379 (612) 537 -4534 (612)445 -3650 Robert Dronen, Deputy Kelly Grinnell, 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 Thomas Burt City Administrator Gregory Konat, City Manager City of Rosemount City of Burnsville P.O. Box 510 100 Civic Center Parkway Rosemount MN 55068 Burnsville MN 55337 (612) 322 -2006 (612) 895 -4400 Marvin Johnson, Mayor Toni Hirsch, Clerk Treasurer City of Independence 1920 County Road 90 Maple Plain MN 55359 (612) 479 -0527 James Miller, Former City Manager, City of Minnetonka Executive Director League of Minnesota Cities 3490 Lexington Avenue No. St. Paul MN 55126 (612) 281 -1205 Chuck Whiting, City Administrator City of Mounds View 2401 Highway 10 Mounds View MN 55112 (612) 784 -3055 Curt Boganey, City Manager City of Brooklyn Park 5200 85th Avenue North Brooklyn Park MN 55443 -4300 (612) 493 -8001 11 I• C 10 1• 1* Lyle Olson, Dir., Staff Services City of Bloomington 2215 West Old Shakopee Road Bloomington MN 54331 (612) 948 -8700 Jim Norman, City Administrator City of Ramsey 15153 Nowthen Boulevard N.W. Ramsey MN 55303 (612) 427 -1410 James Willis, City Administrator City of Inver Grove Heights (former City Manager, City of Plymouth) 8150 Barbara Avenue Inver Grove Heights MN 55077 (612) 450 -2111 Michael McCauley, City Manager City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center MN 55430 (612)569 -3300 Samantha Orduno, City Manager City of Carpenteria (form Clerk- Administrator, City of Mounds View) (805) 684 -5405 2. 1998 Billings 1998 fee income for municipal work has equalled roughly 80% of the fee income received by the firm. Dollar amounts are available, upon request, for confidential review. 1• D. 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. On the basis of our somewhat limited review, we would estimate that the fixed monthly amount to cover all of the general legal matters would be $4,000. Nonretainer matters, such as litigation, special assessment appeals, development 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. ' The general legal work referred to in responses a. and b. include the items listed in paragraph E of the RFP except items 3, 7, 9, and 10. 0 12 19 1• 1• 1• 1• • • • • • b. Hourly If the City chooses not to use a fixed retainer system, we would propose to do the general legal work for the City at the hourly rate of $100 for attorneys, $60 for paralegals, and $50 for law clerks. 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 R1;P. 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 would be charged at the rate of 20 cents per page• c Our current legal services contract with the City of Shorewood addresses all matters pertaining to fees and charges for our legal services. We agree to all of the terms and conditions contained in that contract. 13 n u 4p, n .A • • • • • • • • • • • ♦ • • • • • • • • O • a O • • 0 • • • • • • • • • • • • • •. • • • O O • • O • O O • • • KENNEDY &GRAVEN * + + D r 1 lJ • • • • • • • • • • • • • • • • • • • • • • • • s s • • • • • • • • • • • • • • • • • • • • • • • • • • • • • J 0 LI ATTORNEY RESUMES Contact Person: John B. Dean January 6,1999 C7 • City of Shorewood 470 Pillsbury Center Minneapolis, MN 55402 (612) 337 -9300 0 `J • n u 0 F- 0 OHN B. DEAN LOCAL GOVERNMENT LAW / ECONOMIC DEVELOPMENT AND REDEVELOPMENT / LAND USE J.D., University of Minnesota, 1969 B.A., University of Kansas, 1966 PRIMARY PRACTICE AREAS ■ John Dean has extensive experience in the practice of municipal law, including drafting of ordinances, zoning and land use planning, special assessments, real estate, and condemnation. His trial work includes both civil and criminal matters. He represents municipal clients in zoning and licensing matters in state and federal court. His practice extends to redevelopment authorities, including negotiating and drafting legal documents and development agreements. Since 1988, he has served as the city attorney for Robbinsdale and, since 1997, Mound and Shorewood. He also represents the Richfield and Chanhassen Housing and Redevelopment Authorities. BACKGROUND ■ Mr. Dean began his legal career as an assistant state public defender and assistant Hennepin County public defender, specializing in criminal trial law (1969- 1971). He joined the LeFevere Lefler firm in 1971 and Kennedy & Graven in 1989. In addition to clients he currently serves, he has represented the Hopkins School District, Lake Minnetonka Conservation District, Brooklyn Park, Brooklyn Center, and Crystal, and he has lobbied and coordinated legislative programs of organizations, primarily in the law enforcement field. M EMBERSHIPS AND PROFESSIONAL ACTIVITIES ■ Mr. Dean is a member of the Minnesota State Bar Association. As a member of the Hennepin County Bar Association, he serves on the Local Government Law and Eminent Domain Committees. He is admitted to practice before the Minnesota Supreme Court and other courts of the state, Federal District Court of Minnesota, and Eighth Circuit Court of Appeals. PERSONAL . Mr. Dean and his wife, Joanne, have one child. Mr. Dean enjoys cross - country skiing and has taught at the Hennepin County Park Reserve. Fishing and travel are also favorite leisure pursuits. He has taken cruises throughout the West Caribbean and is planning a trip along the eastern seaboard and to Bermuda. "Development and redevelopment are the more innovative sides of municipal work. Economic development is where things get done, where the action is. Your work produces huge tangible results." �0 C H A R T E R E D • I• 0 U 1• 10 r 1 0 RONALD H. BATTY LOCAL GOVERNMENT LAW / ECONOMIC DEVELOPMENT AND REDEVELOPMENT / LAND USE J.D., Georgetown University Law Center, 1979 M.U.P., Hunter College of the City of New York, 1975 (Weintraub Fellow) B.A. (magna cum laude), Loyola University, 1973 PRIMARY PRACTICE AREAS ■ Ron Batty's practice includes municipal law, with a special interest in land use and zoning matters, tax increment financing, and development. He is also involved in local government representation as the city attorney for Lauderdale since 1986 and Medina since 1987. He has represented both the Robbinsdale Economic Development Authority and the Lino Lakes Economic Development Authority since 1990. Hennepin League of Cities, speaking on various municipal topics, and presents a yearly seminar on land use for each of his municipal clients. MEMBERSHIPS AND PROFESSIONAL ACTIVITIES ■ Mr. Batty is a member of the Minnesota State and Hennepin County Bar Associations. He is also a member of Sensible Land Use Coalition, a multidisciplinary organization discussing Twin City Metro Area land use and planning issues. BACKGROUND ■ A native of Tampa, Florida, Mr. Batty developed a strong interest in city planning, receiving a Masters in Urban Planning from Hunter College in New York, where he was a Weintraub Fellow. Following law school at Georgetown University Law Center, he served as a city planner in New York. He moved to the Twin Cities in 1980, continuing his work as city planner in a suburb of the Twin Cities for four years. After five years in private practice, Mr. Batty brought his extensive experience to Kennedy & Graven in 1989. He lectures at the annual meetings of the Northwest PERSONAL ■ Mr. Batty lives in Golden Valley with his wife and two children. He has both coached and managed his children's youth athletic activities. In addition to occasional volunteer work for the communities he serves, he spends his leisure time reading biographies, mysteries, and books on public policy. He also spends time in his perennial and rock garden, and enjoys hiking in the mountains of Colorado. "7 like keeping communities on an even keel and helping them to avoid litigation. Cities depend on their city attorney for sage advice as well as legal counsel There is something extra in the role." 0 C H A R T E R E D • ROBERT A. ALSOP LITIGATION / EMPLOYMENT LAW / HOUSING LAW / LOCAL GOVERNMENT LAW J.D., William Mitchell College of Law, 1986 B.A., St. Olaf College, 1981 PRIMARY PRACTICE AREAS ■ Robert Alsop has over ten years of experience as a litigator with the firm of Kennedy & Graven, practicing in the areas of employment law, general governmental law, workers' compensation, and housing law. In the rapidly evolving area of employment law, Mr. Alsop advises and defends employers against discrimination claims under both state and federal law. He also has extensive appellate practice and has been retained to brief and argue appeals before the Minnesota Court of Appeals, the Eighth Circuit Court of Appeals, and the Minnesota Supreme Court. BACKGROUND ■ Mr. Alsop's decision to pursue the practice of law was influenced in part by other members of his family in the legal field. David Graven also encouraged and counseled him in his current concentration as a litigator at Kennedy & Graven. Mr. Alsop joined the firm as an attorney in 1986. During his years at the firm Mr. Alsop has had extensive experience in all phases of the litigation process in both state and federal court. He complements his litigation practice with sound preventative legal advice to his clients. MEMBERSHIPS AND PROFESSIONAL ACTIVITIES ■ Mr. Alsop is a member of the American, Minnesota State, Ramsey, and Hennepin County Bar Associations. PERSONAL ■ Mr. Alsop enjoys golf, skiing, and family activities with his wife and two sons. As a volunteer ski instructor for South Suburban Adaptive Recreation, he assists people with disabilities in the enjoyment of recreational activities. He also volunteers as a reading instructor at Expo Elementary School in St. Paul. "The practice of law requires an attorney to identify, interpret, and effectively articulate the law to a client's optimum advantage. I have always been impressed by the collegial atmosphere at Kennedy & Graven that allows each attorney to easily draw upon the knowledge and skills of the other practitioners within the firm. This atmosphere makes the practice of law at Kennedy & Graven both enjoyable and fulfilling." C H A R T E R E D DANIEL J. GREENSWEIG ECONOMIC DEVELOPMENT AND REDEVELOPMENT / HOUSING LAW / LOCAL GOVERNMENT LAW / ENVIRONMENTAL LAW / TELECOMMUNICATION AND UTILITY LAW / PUBLIC FINANCE J.D. (magna cum laude), William Mitchell College of Law, 1993 B.A., Metropolitan State University, 1990 PRIMARY PRACTICE AREAS ■ Dan Greensweig practices in the area of governmental law, representing public bodies, private organizations, and individuals in matters that include tax increment financing, land use, and environmental issues. His clients include metropolitan and outstate cities, port authorities, EDAs and HRAs, and a variety of other groups. BACKGROUND ■ After his discharge from the United States Army, Mr. Greensweig designed and conducted training programs for IDS Financial Services (now American Express Financial Advisors). He was a member of the American Society for Training and Development, and published articles in the U.S. and abroad. During law school, Mr. Greensweig served as a law clerk for the League of Minnesota Cities Insurance Trust. After graduation, he clerked for the Honorable Robert H. Schumacher at the Minnesota Court of Appeals, and then became assistant general counsel for a national brokerage firm, where he provided a full array of corporate legal services to the company's senior management, trading and customer service departments, and sales force. During this time, he obtained his general securities representative (series 7) license. Mr. Greensweig joined Kennedy & Graven in 1995. MEMBERSHIPS AND PROFESSIONAL ACTIVITIES ■ Mr. Greensweig was admitted to practice in Minnesota in 1993. In 1994, he was admitted to practice before the U.S. District Court for Minnesota. A member of the Minnesota State and Hennepin County Bar Associations, he currently teaches business law and ethics at Anoka - Ramsey Community College, and serves as a board member of Clean Water Action Alliance of Minnesota. He also regularly writes and speaks on legal issues related to his practice. PERSONAL . Mr. Greensweig, his wife, Colleen, and their two sons, live in Circle Pines, where he has served as a member of the planning commission since 1996. He enjoys fishing, reading, and cooking for family and friends. "In smaller cities, you can see an immediate impact when the community is able to build new housing or a manufacturing facility. I find great satisfaction in helping a city keep or create job opportunities and in helping people to stay in a place they love." C H A R T E R E D CHARLES L. LEFEVERE LOCAL GOVERNMENT LAW / GOVERNMENT RELATIONS AND ADMINISTRATIVE LAW / EMPLOYMENT LAW / LAND USE / ECONOMIC DEVELOPMENT AND REDEVELOPMENT J.D. (cum laude), University of Minnesota, 1975 B.A., St. Olaf College, 1968 PRIMARY PRACTICE AREAS ■ Charlie LeFevere has extensive experience representing public and private clients in a broad range of municipal issues, including planning and zoning, city charters, public improvements and special assessments, open meeting law, employment law, data practices, environmental law, public bidding, municipal litigation, and municipal finance. He is the city attorney for New Brighton, Brooklyn Center, and Rosemount, and serves as counsel to a number of joint powers organizations, HRAs, EDAs, port authorities, charter commissions, watershed management organizations, and special purpose governmental units. Mr. LeFevere has been selected by the American Research Corporation's Lazy & Leading Attorneys Guidebook in the area of federal, state, and local government law. BACKGROUND . From 1969 to 1972, Mr. LeFevere was a line officer in the U.S. Naval Reserve. Following law school, he joined the LeFevere Lefler firm (1975- 1989). He has practiced with Kennedy & Graven since 1989. MEMBERSHIPS AND PROFESSIONAL ACTIVITIES ■ Mr. LeFevere is a member of the Minnesota State Bar Association, Public Law Section, and the Hennepin County Bar Association, and has served on the Hennepin County Local Government Law Committee. He is also a member of the Minnesota Association of City Attorneys. He lectures frequently for continuing legal education on municipal law topics, such as the use of mediation by governmental bodies, special assessments, financing of storm water improvements, and municipal regulation of landfills. PERSONAL ■ Mr. LeFevere and his wife, Kathy, have two children. He has served as chair of the Mediation Center Board of Directors and the Minnetonka Board of Zoning Adjustment, and was president of the Brooklyn Center Rotary and the Wayzata Youth Hockey Association. He enjoys hunting, fishing, backpacking, and rehabbing his seventy- five - year -old log cabin. "I enjoy the daily contacts with public officials and staff, and share with them a sincere belief in the importance of local government. I feel very fortunate that, after more than twenty years in the practice of public law (and over 1000 council meetings), I still enjoy my work and feel good about what I do." C H A R T E R E D AMES M. STROMMEN LITIGATION / TELECOMMUNICATION AND UTILITY LAW / LOCAL GOVERNMENT LAW J.D. (cum laude), University of Minnesota, 1983 B.A. (magna cum laude), Augsburg College, 1977 PRIMARY PRACTICE AREA ■ Jim Strommen practices municipal law and is highly regarded in the area of public utilities. Since 1990, he has been general counsel to the Suburban Rate Authority, a joint powers organization of metropolitan area cities, which intervenes in electric, gas, and telecommunications matters before the Public Utilities Commission. He also represents cities in utility franchise and commercial litigation matters and has drafted model utility ordinances and franchises. In his commercial litigation practice, he represents closely held corporations and individuals in contract matters, employment termination, sexual harassment, and noncompete agreements. BACKGROUND ■ While serving in the army, Mr. Strommen was a German linguist, studying at the Defense Language Institute in Monterey, California (1973). He practiced with the LeFevere Lefler firm from 1983 to 1989, coming to Kennedy & Graven with several of his municipal law partners in 1989. MEMBERSHIPS AND PROFESSIONAL ACTIVITIES ■ A member of the Minnesota State Bar Association, Mr. Strommen has been admitted to state and federal courts, including the Eighth and Ninth Circuit Courts of Appeals. He has drafted or advised on legislation in criminal harassment - stalking, municipal utility franchise, and municipal right -of- way authority in telecommunications. In addition, he has been a presenter in his specialty areas for Minnesota city attorneys and public utility organizations and has assisted in trial practice classes at the William Mitchell College of Law. PERSONAL ■ Mr. Strommen lives in Minnetonka with his wife and three children, one of whom is a child with special needs. He is active on behalf of special needs children, serving on the Minneapolis and St. Paul Children's Health Care Hospitals Institutional Review Board. In running three marathons, he has raised a combined total of over $20,000 for charitable causes. He is also active in church and youth sports programs and coaches basketball. "By intervening in rate cases, we are a watchdog of utilities. Attorneys at Kennedy & Graven have a significant breadth of knowledge in all areas that city attorneys need. Our challenge is in advising clients before circumstances arise that may cause litigation." C H A R T E R E D CORRINE HEINE THOMSON LOCAL GOVERNMENT LAW / EMINENT DOMAIN / LAND USE / LITIGATION J.D. (magna cum laude), University of Minnesota, 1983 B.A. (summa cum laude), Wartburg College, 1979 PRIMARY PRACTICE AREAS ■ Corrine Thomson practices in the municipal law area, where she handles diverse matters that run the gamut from data practices and free speech to real estate and contracting. In addition to serving as the city attorney for Richfield, Loretto, and Independence, Ms. Thomson also practices in the areas of eminent domain and municipal litigation. BACKGROUND ■ Following law school, she worked as a law clerk to District Judges Edward A. Bearse and Stanley N. Thorup in Anoka County. She practiced with the LeFevere Lefler firm from 1985 to 1989, and has continued her practice with Kennedy & Graven since then. she served as cochair of the Local Government Committee (1993- 1994). A member of Minnesota Women Lawyers since 1986, she has been both president (1994 -1995) and cochair (1988 -1990) of the Community Relations Committee. Since 1987, she has been a member of the Minnesota City Attorneys' Association, serving on the board of trustees since 1994 and as president (1996- 1997). Her other memberships include the International Municipal Lawyers Association (formerly the National Institute of Municipal Law Officers) where she has been the state chairperson since 1992. Ms. Thomson has also lectured on "Regulation of Waste Collection" (1989 Attorneys Update) and "Update on Data Practices" (1994 City Attorneys Update). MEMBERSHIPS AND PROFESSIONAL ACTIVITIES . Ms. Thomson brings strong leadership qualities to numerous professional organizations. Admitted to the bar in Minnesota in 1983, she has been a member of the Public Law Section Newsletter and Data Practices Committees since 1993. As a member of the Hennepin County Bar Association, PERSONAL ■ Ms. Thomson enjoys reading good mysteries and fiction, as well as browsing in antique shops. She also keeps busy "watching my family watch sports," spending time with her husband, Jim (Kennedy & Graven colleague), and their three children. "I like working with local governments because their decisions have a direct impact on people and neighborhoods. Every city we represent reminds me in some way of the small town where I grew up. Working with cities gives me a sense ofpurpose and community." C H A R T E R E D E Y. YANG LITIGATION / LOCAL GOVERNMENT LAW / HOUSING LAW / LAND USE / EMINENT DOMAIN / EMPLOYMENT LAW / ENVIRONMENTAL LAW J.D., William Mitchell College of Law, 1995 B.A., Northwestern University, 1991 PRIMARY AREAS OF PRACTICE ■ Joe Yang practices in the area of civil litigation, representing primarily public clients such as Shorewood, Robbinsdale, and Mounds View on various civil matters. He represents municipalities through the League of Minnesota Cities Insurance Trust and, with attorneys Wilkins and LeFevre, represents a major interstate pipeline company, protecting that company's right -of -way interests in Minnesota. Mr. Yang also concentrates on hazardous - buildings matters for municipalities. BACKGROUND ■ Mr. Yang began his emphasis on litigation in law school. As the head law clerk for the Ramsey County Public Defender's Office, he supervised a staff of ten law clerks. He represented juvenile, felony, gross misdemeanor, and misdemeanor clients under the student practice rules, second - chaired first - degree murder and criminal sexual conduct trials, wrote appellate briefs, and made oral arguments at the Minnesota Court of Appeals. In 1993, he worked for the Dakota County prosecutor in the Misdemeanor Clinic. In 1995, Mr. Yang was admitted to practice before the U.S. District and Supreme Courts of Minnesota and joined Kennedy & Graven that same year. MEMBERSHIPS AND PROFESSIONAL ACTIVITIES ■ Mr. Yang is a member of the Minnesota State and Hennepin County Bar Associations. While in college, he worked with children in the Northshore YWCA Shelter for Battered Women in Evanston, Illinois. He continued his interest in the welfare of children throughout law school in the Ramsey Country Guardian Ad Litem Program, where he served as an attorney under the student practice rules (1993- 1995). He continues to volunteer as a Guardian Ad Litem for Ramsey County, working on behalf of children in juvenile and family court proceedings. P ERSONAL a Mr. Yang enjoys cooking, and he spends most of his weekends fishing, canoeing, and camping. Travel is another interest, highlighted by a recent Bali honeymoon with his wife, Robin, a textile designer. "Kennedy & Graven has allowed me to experience civil litigation and the private practice setting while still being heavily involved in government. I enjoy working directly with both municipal and private clients." C H A R T E R E D t o KENNEDY &GRAVEN CHARTERED • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • ADDITIONAL, FIRM 0 INFORMATION Contact Person: John B. Dean January 6, 1999 C7 City of Shorewood 470 Pillsbury Center Minneapolis, MN 55402 (612) 337 -9300 • J I! 1• LOCAL GOVERNMENT LAW Attorneys at Kennedy & Graven provide a full range of legal services to local government bodies. Over the past twenty -five years, our attorneys have represented more than 300 cities throughout the state of Minnesota on diverse matters as general or special counsel. The firm currently represents more than a dozen metropolitan area cities, providing general counsel services as city attorneys. li I0 Client representation also includes: • Housing and redevelopment authorities • Economic development authorities • Port authorities • Watershed management organizations • Charter commissions • Joint powers entities • Other governmental bodies, either as special or general legal counsel Our clients rely on us to handle matters related to: • Open meeting law and data practices • Employment law • Public contracting and construction disputes • Special assessments • Environmental law and polluted lands • Wetlands • Watershed and water management issues • Eminent domain • Annexation • Charters • Codification services • Utility franchise and telecommunications • Zoning and land use • Real estate and development contracts LITIGATION - RELATED SERVICES Our litigation attorneys work as a highly effective team with a range of experience extending from conciliation court to multimillion -dollar and federal cases. We have seen through to successful conclusion hundreds of trials involving: ■ Litigation in federal and state district courts and before state and local administrative agencies ■ Appellate practice in federal and state courts • Arbitration • Mediation Specific areas handled by our litigation attorneys include: • Public bidding disputes • Land use • Open meeting law • Employment litigation • Environmental litigation • Condemnation C H A R T E R E D • n PUBLIC FINANCE (MUNICIPAL BONDS 0 0 u 0 Kennedy & Graven is nationally recognized in all types of municipal financing. The firm has offered continuous service as bond counsel since 1958. A member of the National Association of Bond Lawyers and the Minnesota Institute of Public Finance, we have served as bond or underwriter's counsel in thousands of transactions involving billions of dollars. We represent over 250 local government clients in Minnesota alone and work with various units of government from the smallest to the largest and most sophisticated. Both the firm and our bond - approving attorneys are listed in Bond Buyer's Municipal Marketplace (the "Red Book "). General services in the area of approval of bonds and other obligations issued by local government units include: • Bond counsel • Underwriter's counsel • Issuer's counsel Services typically include: • Preparation of documents • Liaison with city staff • Coordination of issuer's activities • Liaison with financial consultants • Issuance of approving legal opinion The firm serves as bond counsel to government units, large and small, throughout Minnesota, North and South Dakota, and Wisconsin in all types of financing: • General obligation bonds • Hospital and utility revenue bonds • Industrial development • Revenue bonds • State and federal grant and loan programs • Tax increment bonds • Lease purchase financing • Housing revenue bonds C H A R T E R E D • r-I 0 0 �0 19 I• 19 LOCAL GOVERNMENT LAW Attorneys at Kennedy & Graven provide a full range of legal services to local government bodies. Over the past twenty -five years, our attorneys have represented more than 300 cities throughout the state of Minnesota on diverse matters as general or special counsel. The firm currently represents more than a dozen metropolitan area cities, providing general counsel services as city attorneys. Client representation also includes: • Housing and redevelopment authorities • Economic development authorities • Port authorities • Watershed management organizations • Charter commissions • Joint powers entities • Other governmental bodies, either as special or general legal counsel Our clients rely on us to handle matters related to: • Open meeting law and data practices • Employment law • Public contracting and construction disputes • Special assessments • Environmental law and polluted lands • Wetlands • Watershed and water management issues • Eminent domain • Annexation • Charters • Codification services • Utility franchise and telecommunications • Zoning and land use • Real estate and development contracts LITIGATION - RELATED SERVICES Our litigation attorneys work as a highly effective team with a range of experience extending from conciliation court to multimillion -dollar and federal cases. We have seen through to successful conclusion hundreds of trials involving: ■ Litigation in federal and state district courts and before state and local administrative agencies ■ Appellate practice in federal and state courts ■ Arbitration ■ Mediation Specific areas handled by our litigation attorneys include: • Public bidding disputes • Land use • Open meeting law • Employment litigation • Environmental litigation • Condemnation I C H A R T E R E D • I� u EMINENT DOMAIN • li I0 I* 10 Kennedy & Graven attorneys advise condemning authorities in acquisition of real estate by agreement and through use of eminent domain. We represent parties before condemnation commissioners, in district court and on appeal, and work with title companies, professional appraisers, relocation specialists, surveyors, environmental experts, local officials, and other professionals in coordinating the acquisition effort. We routinely handle condemnation matters for cities, housing and redevelopment authorities, economic development authorities, port authorities, counties, metropolitan agencies, utility and pipeline companies, business, and property owners. The firm has many years of experience in handling complex condemnation issues, including: • Public purpose challenges • Quick take challenges • Development cost approach claims • Severance claims • Going concern claims • Authority to condemn property in bankruptcy • Relocation claims • Leasehold interest claims • Fixture value claims • Value of contaminated property • Value of development rights • Mitigation to diminish damages • Application of local ordinances • Application of state and federal law and regulations • Compliance with state and federal funding requirements • Coordination of takings involving numerous parcels and parties, fee takings, easements, and other interests I C H A R T E R E D u T 0 0 �0 IE 10 is 10 I• Kennedy & Graven has been involved in some of the leading land use decisions in Minnesota. As general counsel to numerous cities, the firm provides advice to city councils and planning commissions regarding such issues as adopting and implementing comprehensive plans and other development controls. Attorneys also handle matters related to zoning, subdivision, conditional use permits, and variances. In addition, we serve as special counsel to numerous cities on the above matters. Two of our attorneys practicing in the land use area also have master's degrees in urban and regional planning. Others sit on planning commissions and on city councils. Client representation has included such specific issues as: • Regulation of churches • Adult uses • Planned unit developments (PUD) • Regulation of telecommunications facilities • Regulation of public rights -of -way • Group homes • Zoning ordinance amendments • Controlled growth plans • Subdivision regulations C H A R T E R E D r1 u ECONOMIC DEVELOPMENT AND REDEVELOP 9 10 I* I* 1• 1• 7 Kennedy & Graven is one of the state's preeminent firms in development and redevelopment matters. The firm has negotiated or drafted literally hundreds of agreements for public entities and private developers in Minnesota and throughout the Midwest. Our attorneys have had continuous involvement in this area for over twenty years, providing general and special finance counsel for housing and redevelopment authorities, economic development authorities, and port authorities across Minnesota. The firm also serves as special counsel to nearly fifty cities and counties in the state. The firm has a particular strength in the area of tax increment financing, having served as development or bond counsel in hundreds of transactions involving bonds, notes, and related contracts. We assist in every aspect of the tax increment financing process, from structuring "the deal" to drafting plans, negotiating and drafting contracts, and serving as bond counsel for revenue or general obligation bonds. The firm is also closely involved in handling legislative matters affecting economic development, consulting with legislative leaders and key interest groups, serving on legislative committees, and drafting bills. We have helped countless clients obtain special legislation to address their unique needs or problems. Kennedy & Graven handles the entire development and redevelopment process, including matters such as: • Acquisition, conveyancing, and leasing, including condemnation where necessary • Environmental matters, including remediation of polluted sites and brownfields development • Public improvements, including contracts and financing And as bond and special finance counsel, Kennedy & Graven assists in all types of financing necessary to carry out development and redevelopment programs, including: ■ Tax increment bonds • Improvement bonds • Industrial development revenue bonds • Qualified 501(c) (3) bonds • Loans • Property tax abatements C H A R T E R E D 0 I! EMPLOYMENT LA I• E 0 0 • 7 0 Kennedy & Graven is actively involved in the employment and personnel areas with both governmental and private clients. Our employment law counsel is distinguished by the advantage we have in combining ongoing representation of employers with our highly regarded litigation services. The firm offers counsel and preventative advice - for instance, on how to plan termination actions and draft personnel policies to reduce the risk of claims. Our attorneys provide a wide range of services related to: • Personnel policies /handbooks and affirmative action plans • Seminars and training on such employment matters as sexual harassment • Labor management issues, including grievances and arbitration • Analysis and evaluation of claims under the Minnesota Human Rights Act, the Age Discrimination in Employment Act, and Title 7 of the Civil Rights Act • Sexual harassment cases • Veterans' Preference Act cases • Advice on pay equity/ comparable worth plans • Employment contracts and drug testing policies • Labor - management contracts • Matters relating to the Minnesota Government Data Practices Act and Americans with Disabilities Act (ADA) • Contract negotiations • Workers' compensation cases LITIGATION - RELATED SERVICES Members of the firm represent both employers and employees in federal and state courts, in arbitration, before the Minnesota Human Rights Department, the federal EEOC, the Minneapolis Commission on Civil Rights, the Commissioner of Veterans Affairs, and in informal negotiations. Cases have included: • Discrimination claims • Veterans' preference claims • Disability claims • Arbitration of discharge challenges • Challenges to employee selection procedures C H A R T E R E D • n LA REAL ESTATE LA I0 1r] 1• 1• 1• Is 0 Attorneys at Kennedy & Graven provide a full range of services in the area of real estate law to both municipalities and private clients. Two of our attorneys are certified by the Minnesota Bar Association as Real Property Law Specialists, and two hold master's degrees in urban planning. Several of our attorneys have worked as city planners, land use planners, and zoning administrators. Others currently serve or have served on city councils, planning commissions, or boards of zoning adjustments for cities. Representative clients include cities, commercial and residential developers, development authorities, buyers, sellers, construction companies, utilities and pipeline companies, and financial institutions. LOCAL GOVERNMENTS An essential element of our representation is advising the client on issues that governments face on a daily basis. Attorneys in our firm have extensive and long -term experience in such matters as: • Zoning • Land use • Comprehensive plan and subdivision issues • Condemnation • Acquisitions • Title issues, including establishing and clearing title to land • Redevelopment contracts • Environmental and regulatory compliance PRIVATE CLIENTS Real estate attorneys also assist private clients in commercial and residential matters such as: • Acquisition and development • Sales • Financing • Workouts • Leases • Title matters • Subdivisions ■ Common ownership communities LITIGATION- RELATED SERVICES A significant part of the firm's litigation experience is related to real estate, including: • Title disputes • Mortgage foreclosures • Contract for deed disputes • Enforcement of easements, licenses, purchase agreements, and other interests in real property • Claims of fraud and misrepresentation • Condemnation • Municipal land use decisions including challenges to zoning, conditional use permits, variances, land dedication, platting, access rights, regulation of group homes, and height restrictions. C H A R T E R E D • ENVIRONMENTAL LAW I• 19 1• C 1• I• • Kennedy & Graven has extensive experience in the practice of environmental law through the representation of both public and private clients. One of our attorneys was formerly a special assistant attorney general for the Minnesota Pollution Control Agency. The firm has advised numerous clients regarding environmental laws, including Minnesota Environmental Rights Act (MERA), Minnesota Environmental Response Liability Act (MERLA), and Comprehensive Environmental Response Compensation and Liability Act (CERCLA) claims and regulation of landfills. Members of the firm have lobbied for legislative changes concerning environmental issues. Representative clients include cities, development and redevelopment authorities, counties, waste control commissions, business property owners, utility and pipeline companies, and citizen groups. We represent clients on a wide variety of matters, including: • Acquisition of contaminated real estate • Response and remedial action for property owners • Cost recovery actions for owners • Condemnation of contaminated • Wetland regulatory matters • Federal and state superfund litigation • Litigation related to environmental matters • Brownfields development • Water resources management • Feedlot regulations property C H A R T E R E D • 0 I• s I• • 0 'GOVERNMENT RELATIONS AND ADMINISTRATIVE LAW Kennedy & Graven has had a distinguished legislative and administrative law practice for many years. We have extensive experience in drafting legislation and lobbying on behalf of clients at the state, regional, and local levels. Firm members serve as legislative counsel to numerous national and Minnesota corporations and businesses. Many of our attorneys have also served in government in both elected and appointed capacities, such as city councilmembers, development authority commissioners, and city and regional planners. We are familiar with the many complex questions that arise from tax increment financing and have represented numerous development authorities to obtain special legislation. Kennedy & Graven performed a key role in developing the following legislation: • Tax Increment Act • Municipal Housing Finance Act • Commercial rehabilitation law • Housing and Redevelopment Act • The Industrial Revenue Bond Act • "Mighty Ducks" Ice Arena Financing • Telecommunication and right -of -way legislation • Municipal Planning Act • Municipal finance legislation Attorneys provide client representation before city councils, county boards, and metropolitan and state government agencies on such matters as: • Contract letting and negotiation • Environmental issues • Licensing issues • Ordinance changes • Municipal utilities • Franchising of public utilities and cable television providers • Regulations and fees • Zoning and land use permits We also serve clients by: • Appearing before state legislative committees • Organizing and directing their legislative programs • Working with the Metropolitan Council and its staff • Appearing before local planning commissions and city councils • Drafting legislation • Speaking to civic organizations on the governmental process C H A R T E R E D • 0 TELECOMMUNICATION AND PUBLIC UTILITY LA I0 10 U is 19 • 7 0 Kennedy & Graven represent the Suburban Rate Authority (SRA), a joint powers organization consisting of forty -two Twin City suburban municipalities. The SRA regularly intervenes in rate cases before the Minnesota Public Utilities Commission, which involve Northern States Power, Minnegasco, and US West as parties. SRA members comprise over 950,000 residents and businesses. The SRA, through its representation by Kennedy & Graven attorneys, has participated successfully in numerous, significant rate issues in the utility area over the last twenty years. The firm also represents private end users on matters relating to telecommunications, gas, or electric service. One of our telecommunications attorneys currently serves on a legislatively created task force recommending municipal right - of -way (ROW) standards for telecommunications use. Kennedy & Graven attorneys have broad experience regarding such issues as: • Utility rates • Utility rate design • Franchise negotiation • Use of the right -of -way by utility users The firm's significant experience in land use and utility matters has also created a depth of knowledge in the wireless telecommunications issues facing cities, such as: • Tower or antenna space leases with wireless providers on public property • Zoning of tower and antenna placement on private property C H A R T E R E D • i• HOUSING LAW K: Kennedy & Graven provides a wide spectrum of legal skills in both the financing and management areas of housing law. 10 K: I• 10 1: 0 FINANCING Kennedy & Graven helps housing and redevelopment authorities, cities, and other entities throughout the state to acquire, construct, or rehabilitate senior and low to moderate income housing. As bond or special finance counsel, the firm has participated in a variety of financing: • Essential function bonds to finance publicly owned housing development projects • Multifamily housing revenue bonds • Qualified 501(c) (3) bonds for senior housing and assisted living facilities • Housing improvement areas • Housing tax increment financing programs MANAGEMENT The firm has extensive experience in representing and advising various housing and redevelopment authorities, economic development authorities, and cities throughout the state, as well as private owners and property managers, in connection with: • Public housing • Section 8 housing • Private housing • Housing cooperatives The firm also provides clients with practical, knowledgeable representation regarding: • Lease negotiation and drafting • Grievance procedures for Section 8 and assisted housing • Due process hearing requirements for denial of admissions to public housing • Defense against discrimination and unfair housing claims • Defense against claims under the Americans with Disabilities Act • Lease termination and eviction proceedings • Sufficiency of admission procedures and criteria for public housing tenants, including disabled persons • General housing litigation C H A R T E R E D • Is I* 10 16 9 REPRESENTATIVE CLIENT LIST LOCAL GOVERNMENT CLIENTS ■ Cities (Serving as City Attorney) Brooklyn Park Brooklyn Center Cottage Grove Crystal Independence Kenyon Lauderdale Loretto Medina Mound Mounds View New Brighton Richfield Robbinsdale Rosemount Sandstone Shakopee Shorewood West Concord Special Units of Government Basset Creek Water Management Commission Hennepin Recycling Group (HRG) Lake Minnetonka Conservation District (LMCD) Local Government Information Systems (LOGIS) Minnesota Police Recruitment System (MPRS) Suburban Rate Authority (SRA) Lower Rum River Watershed District Shingle Creek Watershed Management Commission West Mississippi Watershed Management Commission SPECIAL COUNSEL ■ (Including EDAs, HRAs, and Port Authorities) Albert Lea Belle Plaine Bloomington Brainerd Breckenridge Burnsville Caledonia Chanhassen Columbia Heights Dawson Grand Rapids Hopkins Isanti Lake City Lino Lakes Mankato Minneapolis Community Development Agency Monticello Minnetonka Mounds View Owatonna Red Wing St. Louis Park Virginia PUBLIC FINANCE ■ Ada Albertville Chisago City Cokato Detroit Lakes Frankfort Grand Rapids Glencoe Itasca County Lindstrom Metropolitan Council Minnetonka Monticello Moose Lake North Mankato Park Rapids Tracy Zimmerman Underwriter's Counsel Transactional Dain Bosworth, Inc. Dougherty Summit Securities First Bank Investment Services Miller & Schroeder Financial Norwest Investment Services Piper Jaffray, Inc. U.S. Bancorp John G. Kinnard & Co. GOVERNMENT RELATIONS CLIENTS ■ Health Partners Noram Energy Management Corporation Houston Industries Knutson Construction Company Homestyles Publishing and Marketing Superior Services C H A R T E R E D • Proposal to Provide Legal Services I� City of Shorewood Presented to: City of Shorewood 5755 Country Club Road Shorewood, MN 55331 -8927 Attn: James C. Hurm City Administrator January 6, 1999 By the Law Firm of Campbell Knutson, Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 Contact: Suesan Lea Pace Phone: (651) 452 -5000 CAMPBELL KNUTSON Thomas J. Campbell Roger N. Knutson Thomas M. Scott Elliott B. Knetsch Suesan Lea Pace Mr. James C. Hurm City Administrator City of Shorewood 5755 Country Club Road Shorewood, MN 55331 -8927 Re: Proposal for Legal Services Dear Mr. Hurm: Professional Association Attorneys at Law (651) 452 -5000 Fax (651) 452 -5550 January 6, 1999 Joel J. Jamnik Andrea McDowell Poehler Matthew K. Brokl* John F. Kelly Matthew J. Foli Marguerite M. McCarron *Also licensed in Wisconsin We are pleased to provide you with eight copies of our Proposal to Provide Legal Services to the City of Shorewood per your Request for Proposals dated December 31, 1998. We followed the format of the City's Request for Proposal by dividing our document into five sections: 1. Firm Background; 2. Attorney Qualifications; 3. Firm Qualifications; 4. Fees; and 5. Miscellaneous and Resumes. Our firm has the experience and expertise to provide high quality service at an affordable cost. We are excited about the prospect of assisting the City of Shorewood in its legal needs. If you have any questions or require any additional information, please contact me. Very truly yours, CAMPBELL KNUTSON Professional Association By: A.1.QdQ,�t- i�� lct ctc.� Suesan Lea Pace SLP /smk Enclosures Suite 317 • Eagandale Office Center • 1380 Corporate Center Curve • Eagan, MN 55121 • • Section A: FIRM BACKGROUND • • Campbell Knutson, Professional Association, was founded in 1986. The founding • partners previously practiced together for many years with another Twin Cities • firm. We have eleven 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. • Campbell Knutson has made a commitment to serve municipal clients in a timely and cost effective fashion. We employ seven legal assistants and a receptionist to • assist the attorneys in providing all necessary legal and clerical services to our clients. The high staff -to- attorney ratio ensures that work product is furnished to clients as quickly as possible. We pride ourselves on our ability to provide prompt r service to meet our clients' needs. We have very high standards on acceptable response times. Campbell Knutson has the experience and expertise to provide the City of Shorewood 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 /other governmental agreements *economic development *real estate • *litigation *prosecution *drafting ordinances *code enforcement 0 The City of Shorewood would be an extremely important client to this Firm. The 0 Firm is large enough to provide the City with the highest quality legal services, but not so large that the City would get lost between departments and shuffled between 0 attorneys. Each of the attorneys we have proposed as core members of the Shorewood City Attorney team have carefully evaluated their current client responsibilities and are available to provide quality and responsive legal services to the City of Shorewood. We will cost effectively achieve 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. • Campbell Knutson • 1 Professional Association 1E MUNICIPAL LITIGATION We have been very successful in keeping our clients out of court. The philosophy of the Firm is to be "pro- active" and prevent lawsuits from occurring. We will work with the City Administrator and City Council to identify potential issues up -front and 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 will suggest 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 the City Council, City Administrator and Staff, we can provide the City the opportunity to prevent confrontation with businesses, developers, landowners and residents, which often avoids litigation. If it appears a City action may be challenged, we work diligently to prepare a good record and written basis for the Council's decision in order 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 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. Set out below is an overview of some of the municipal litigation handled by our attorneys: CLIENT INSURANCE DESCRIPTION RESULT Lakeville None Citizens action to WON; injunction enjoin construction of denied, no appeal water tower Lakeville LMCIT Legal challenge to WON on summary billboard removal judgment motion; ordinance upheld on appeal Burnsville LMCIT Legal challenge to WON on 2 of 3 denial of plat issues before application District Court; WON 3rd issue on appeal Campbell Knutson 2 Professional Association 19 10 Burnsville, None Citizens claim to WON on summary Lakeville & secede from City & judgment motion; Credit River Township No appeal Township Hopkins LMCIT Challenge to denial Settled to City's of CUP satisfaction Lino Lakes LMCIT Challenge to denial WON on summary of billboard judgment motion; application No appeal Chanhassen None Environmental rights Tried to Court for 8 lawsuit challenging days; WON, upheld street project on appeal Burnsville LMCIT Inverse condemnation WON on summary claim relating to judgment motion; construction of street upheld on appeal median Marine on St. LMCIT Challenge to denial WON before Croix of residential District Court; no development appeal application Cannon Falls None Action to enjoin WON in District nuisance (40 junk Court; No appeal vehicles) Chanhassen None Action to enjoin WON in District nuisance Court; No appeal (contractor's yard) Lake Elmo LMCIT Claim of selective Mediated settlement enforcement of zoning ordinance Northfield LMCIT Lawsuit by one Mediated settlement Councilmember against other Councilmembers on voting issue s Campbell Knutson 3 Professional Association St. Louis Park LMCIT Challenge to City's WON on Swanson two year amortization review in District ordinance requiring Court; upheld on closure of appeal nonconforming ready -mix plant Plymouth LMCIT Challenge to denial WON on summary of variance judgment in District Court; upheld on appeal Plymouth None Challenge to City's WON in Tax Minimum Assessment Court; appeal Agreement and TIF dismissed. procedures Burnsville LMCIT Taking claim relating WON on Summary to relocation of utility Judgment Motion, box No Appeal Cannon Falls LMCIT Challenge to sexually Case pending oriented business licensing ordinance, City counterclaiming for permanent injunction Prior Lake LMCIT Challenge to City's WON on Summary denial of PUD Judgment in application District Court; upheld on appeal Chanhassen None Challenge to City's WON on Summary denial of rezoning Judgment in District Court; upheld on appeal • Campbell Knutson • 4 Professional Association • ZONING, PLATTING AND LAND DEVELOPMENT Service to clients in this area includes development contracts, planned unit development agreements, and all aspects of zoning law. Our attorneys and legal assistants work with land development and platting on a daily basis. All new Chanhassen and Prior Lake 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. Roger Knutson and Suesan Lea Pace are currently assisting Plymouth and Prior Lake with a complete rewrite of their zoning ordinances. We have extensive expertise in the comprehensive planning process. Suesan Lea Pace recently negotiated the transfer of the Development Contract for the financially ailing WILDS development in Prior Lake. 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. Suesan Lea Pace recently spoke at the League of Minnesota Cities Update of City Attorneys on the topic of "Enticing the Businesses You Want and Controlling the Ones You Don't", and, at last year's League of Minnesota Cities Annual Conference, Suesan spoke on the subject of "What City Officials Can (and Cannot) Do ". 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. CONDEMNATION LAW 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. A member of our Firm was Campbell Knutson 5 Professional Association • r - r - I L-A • the only attorney from a private law firm to serve as a member of the • Condemnation Issues Task Force that was formed by the Attorney General's Office and-metro area county attorneys. Tom Scott would be the principal member of the • team on all City condemnation matters. • Set out below is a summary of recent condemnation matters successfully handled • by our attorneys: • 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 restaurant City's appraisal of ready mix property 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. • r - - I L • • Campbell Knutson 6 Professional Association • IMPROVEMENT PROJECTS (MS 429) AND SPECIAL ASSESSMENTS /FINANCING • • • • • • • • • • • • • • • • 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. EMPLOYMENT LAW Campbell Knutson is actively engaged in advising our municipal clients on personnel, employment and labor related issues. Our approach is to be pro- active and help our clients avoid costly grievances, arbitrations and litigation. We have the expertise to represent the City of Shorewood in all aspects of personnel, employment and labor relations including: *Arbitration *FLSA Compliance *Unemployment Compensation *Workers Compensation *Training *PERLA *Veterans Employment Rights *Litigation *ADA Compliance *Family Leave Act When there are statutory or judicial decisions that change the law we promptly advise our clients and help them implement necessary changes. An example is the Supreme Court decision that applied the wage and hour laws to cities. We frequently deal with unions in arbitrating grievances. Our Firm recently tried three wrongful termination cases, one in federal court and two in state court, all to successful verdicts. Roger Knutson would be the principal member of the Shorewood City Attorney team to handle labor and employment related matters. We are committed not just to winning the grievance, arbitration or litigation, but also committed to helping to create relationships. We have substantive experience working with City bargaining units and we have a reputation as being tough, but fair. Campbell Knutson 7 Professional Association • • i • • • • • • • MUNICIPAL FINANCING. 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. Suesan Lea Pace represents the Prior Lake Economic Development Authority. We are also familiar with all aspects of municipal financing from Certificates of Indebtedness to Revenue Bond financing. • OTHER AREAS OF EXPERTISE • • • • • • • • • • • Campbell Knutson attorneys have extensive experience in the following additional areas of law: • ContractsBidding We regularly review and draft contracts for our municipal clients. Projects include construction contracts for the Prior Lake Library and Resource Center, 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, a model water tower antenna agreement for Prior Lake, and a standardized Development Contract also for Prior Lake. We have also reviewed and revised our clients' standard bidding documents and services contracts as needed. For some cities we have drafted standardized city contracts for construction services, engineering and architectural services. We have drafted innumerable joint powers agreements for cities and WMOs. • Real Estate • • We handle all aspects of property acquisition and real estate matters for our municipal clients. This includes 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. • • Campbell Knutson • 8 Professional Association • • • • • • • • • • • • • • • • • Franchise Law Suesan .Lea Pace and Roger Knutson have assisted municipal clients in drafting, interpreting and negotiating utility and cable television franchise agreements. Both Suesan and Roger have worked on Public Utility Commission rate issues. Our firm will, at times, refer matters to other firms relating to the scope of local authority to regulate cable television. PROSECUTION CAPABILITIES Campbell Knutson is staffed and equipped to handle the full range of misdemeanor and gross misdemeanor prosecution duties, including: *Arraignments *Pretrials *Court Trials *Omnibus Hearings *Code Enforcement *Jury Trials *Probation Revocation Hearings *Sentencing *Formal Complaints *Forfeitures • Current prosecution clients are Plymouth, Lakeville, Farmington, and Cannon Falls. We also handle code enforcement prosecution for our other municipal clients. Our • prosecution full -time legal assistants, Valerie Kehrer, Sherry Charboneau and Brenda • Krage, are familiar with all aspects of municipal prosecution. The prosecution assistants enjoy a good rapport with police officers and staff, attorneys, and court • personnel. • ■ Commitment. Campbell Knutson has always treated prosecution services as an • integral component of our municipal representation. Elliott Knetsch has • continuously prosecuted for several public clients since his admission to the bar in 1985. We have never trained in a new associate to handle prosecution who then moves on and is replaced by another new associate. As a result, we have • delivered effective prosecution services and a continuity in the relationship between our office and the police department. • We have never lost a criminal appeal. We argued and won the Burns double jeopardy case in the Minnesota Court of Appeals. The Court reversed the trial court ruling that a DWI prosecution after the defendant's driver's license had • been revoked violated the Double Jeopardy clause. The decision held that the revocation of a person's drivers license is rationally related to the remedial • • Campbell Knutson • 9 Professional Association n �-A • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • purpose of protecting public safety, and does not amount to double punishment for the same offense. ■ Accessibility. Our prosecutors home telephone numbers are posted in police squad rooms and Officers can, and do, call our prosecutors at home after normal business hours and on weekends particularly with respect to the 48 hour rule. Our prosecutors often ride with officers on duty to help understand each City's patrol practices, gain insight into local police procedures and increase communication with the officers. Due to the nature of criminal prosecution, both the prosecutor and officers are in court a great deal. This provides an opportunity for an exchange of information about pending cases, and to build a relationship of trust and confidence. We work hard to understand and represent the views of the community we represent, instead of imposing rigid guidelines carried over from one community to the next. ■ Communication. Elliott meets with the Chief and other supervisory staff on a regular basis to keep the lines of communication open. We are always striving to improve our services and tailor those services to the unique needs of each client. As an example, when the Minnesota Supreme Court changed the law on the right to counsel in driving under the influence cases, we provided the revised implied consent advisory to our clients within 48 hours of the decision. ■ Training. Elliott regularly conducts P.O.S.T. Board certified training seminars for police administrators and officers. Recent examples include warrants, motor vehicle searches and seizures, domestic abuse investigations, and use of volunteers in emergency management. We also provide training bulletins on new developments in the law as needed, and a comprehensive new law summary after each legislative session. ■ DUI Vehicle Forfeitures. Two of our clients, Plymouth and Lakeville, are among the most aggressive cities in pursuing vehicle forfeitures. As a result, we have successfully handled several dozen vehicle forfeitures. Campbell Knutson 10 Professional Association Section B: ATTORNEY QUALIFICATIONS Each attorney in our Firm is available to provide service to the City of Shorewood in their, respective areas of expertise. Suesan Lea Pace would be the lead attorney for Shorewood. Joel Jamnik would be the primary assistant city attorney. The chart below identifies the principal attorneys who would provide legal services to Shorewood. A narrative description of their experience and qualifications follows the chart. Individual resumes can be found in Section E of our proposal. 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. Campbell Knutson 11 Professional Association Organizational Chart for City of Shorewood . Partners Support Staff SUESAN LEA PACE Lead City Attorney 1 Sin General Municipal ROGER N. KNUTSON Development/ Land Use Employment Law THOMAS M. SCOTT Condemnation /Assessment Appeal ELLIOTT B. KNETSCH Prosecution Municipal Litigation Associates Carole Heft JOEL J. JAMNJK --� Carolecft General Municipal ' ANDREA M. POEHLER General Municipal/ Employment Law MATT K. BROKL Sherry ' Prosecution/ Police Issues Cherbo JOHN F. KELLY Susan Koran Real Estate Development MATTHEW J, 7 1 ►usan Kurian General Litigation SUESAN LEA PACE is the City Attorney for Prior Lake and Big Lake and is an Assistant City Attorney for Lakeville and Plymouth. She is also attorney for the Prior Lake Economic Development Authority. Prior to joining Campbell Knutson as a shareholder in 1986, Suesan was a shareholder at the Popham Haik law firm in Minneapolis, where she chaired that firm's Public Law Practice Group. At Popham Haik, Suesan was the city attorney for Afton and St. Louis Park and an assistant city attorney for Orono and Minnetrista. Before beginning her legal career, Suesan worked in Washington, D.C. for United States Senators John Glenn and Robert Taft, Jr. In that capacity, Suesan was involved in drafting legislation, interpreting federal and state regulations and resolving local government and industry's problems with state and federal regulatory agencies. Suesan is a certified neutral for dispute resolution. Suesan has written and lectured frequently on regulatory, licensing and land use matters. At Campbell Knutson, Suesan is able to devote her entire practice to work involving governmental entities. LA I* JOEL J. JAMNIK is the City Attorney for Farmington and Lindstrom and an Assistant City Attorney for Burnsville, Chanhassen, Falcon Heights, Lakeville, Plymouth, Roseville, and St. Louis Park. He is also the attorney for the Elm Creek Water Management Commission, and an assistant attorney for Gun Club and Vermillion River Water Management Organizations. Joel previously represented the League of Minnesota Cities. While at the League, Joel was the chief staff person responsible for the Handbook for Minnesota Cities, authored many League publications regarding open meetings, data practices, special assessments and annexation, and represented Minnesota City governments at State and Federal governments. Joel devotes more than 90% of his time to municipal clients. ROGER N. KNUTSON is the city attorney for Plymouth, Lakeville, Chanhassen, Falcon Heights, Elko and New Market. 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. THOMAS SCOTT is the city attorney for St. Louis Park and Roseville. Tom is an Assistant City Attorney for Plymouth, Burnsville, Lakeville, Chanhassen and Prior Lake, and the principal attorney for Stillwater and Stanton Townships. Tom also handles zoning and land use litigation, assessment appeals and code enforcement, and has represented the Cities of Lino Lakes, Northfield, Marine on St. Croix, Hopkins, Lake Elmo, St. Louis Park and Lindstrom in land use litigation matters on behalf of Campbell Knutson 12 Professional Association the League of Minnesota Cities Insurance Trust. Tom devotes 80% of his time representing municipal clients. ELLIOTT B. KNETSCH is the City 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, Farmington and Cannon Falls. He has extensive background in criminal law and police authority issues. 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. Tom also works with Suesan in our representation of the Prior Lake Economic Development Authority. Campbell Knutson 13 Professional Association Section Q FIRM QUALIFICATIONS The following is a list of current municipal clients. The cities of Roseville, St. Louis Park, Falcon Heights, Farmington, and Big Lake have selected our Firm as their city attorney in the last three years. We encourage the City to contact any of these clients to discuss their experience with our Firm. We believe their comments will provide you with an objective assessment of Campbell Knutson and its attorneys. CITIES AND POLICE DEPARTMENTS Plymouth Burnsville Dwight Johnson Greg Konat City Manager City Manager (612) 509 -5051 (612) 895 -4465 Craig Gerdes David Farrington Police Chief Police Chief (612) 509 -5161 (612) 895 -4608 Lakeville Prior Lake Robert Erickson Frank Boyles City Administrator City Manager (612) 985 -4401 (612) 447 -4230 Dave Martens Bill O'Rourke Police Chief Police Chief (612) 469 -5561 (612) 447 -9861 Chanhassen Farmington Todd Gerhardt John Erar Acting City Administrator City Administrator (612) 937 -1900, Ext. 119 (612) 463 -1801 Dan Siebenaler Police Chief (612) 463 -3333 Campbell Knutson 14 Professional Association St. Louis Park Charlie Meyer City Manager (612) 924 -2526 John Luse Police Chief (612) 924 -2602 Falcon Heights Susan Hoyt City Administrator (612) 644 -5050 New Market Jan Seykora Clerk (612) 461-3435 Lindstrom Mark Karnowski City Administrator (612) 257 -0625 Roseville Steve Sarkozy City Manager (651) 490 -2200 TOWNSHIPS Cannon Falls Dallas Larson City Manager (507) 263 -3954 Bill Schultz Police Chief (507) 263 -2278 Hampton Kris Beck Clerk (651) 437 -8846 Elko Jean Benci Mayor (612) 822 -2427 (w) Big Lake Curtis Jacobsen City Administrator (612) 263 -0133 Stillwater Stanton David Johnson Michael Daniels Town Board Chairperson Town Board Chairperson (612) 731 -0321 or 439 -5448 (507) 263 -4021 Campbell Knutson 15 Professional Association INSURANCE DEFENSE, LAND USE AND ZONING League of Minnesota Cities Tom Grundhoefer General Counsel Pete Tritz LMCIT Director (612) 281 -1200 HOUSING AND ECONOMIC DEVELOPMENT AUTHORITIES Lakeville Robert Erickson Executive Director (612) 985 -4400 Prior Lake Frank Boyles Executive Director (612) 447 -4230 Minnesota Ass'n of Townships John Dooley General Counsel Troy Gilchrist Staff Attorney (612) 497 -2330 Chanhassen Don Ashworth Executive Director Todd Gerhardt (612) 937 -1900 St. Louis Park Housing Authority Tom Harmening (612) 924 -2580 Cannon Falls Dallas Larson Executive Director (507) 263 -3954 Campbell Knutson 16 Professional Association WATERSHED MANAGEMENT ORGANIZATIONS Lower Mississippi River John Sachi Acting Secretary (612) 450 -8733 Pioneer -Sarah Creek Judie Anderson Executive Secretary (612) 553 -1144 Gun Club Rich Brasch Chair (612) 454 -8100 Elm Creek Dan Faulkner Commissioner (612) 555 -5050 Vermillion River Dennis Miranowski Chair (612) 953 -2402 Black Dog Lake James Robinette Chair (612) 469 -4431 Campbell Knutson 17 Professional Association • Section D: FEES • CITY ATTORNEY: FEES • In designing fee arrangements for our municipal clients, Campbell Knutson recognizes • the budgetary pressures facing municipalities. We want to present a fee proposal that is sensitive to cost concerns, makes economic sense for both parties and -- most • importantly -- fosters a good working relationship. We are pleased to offer our legal • services to the City of Shorewood on an hourly or retainer basis. On an hourly basis our fees would be billed as follows: • • Hourly Rates On an hourly basis our fees would be billed as follows: Attorneys Partners $115.00 Associates $105.00 Legal Assistants $ 60.00 • We are also willing to negotiate a monthly retainer fee arrangement with the City. The following matters would be included under the retainer: ► Attendance at all City Council meetings. • ► Drafting of ordinances, resolutions, and correspondence as requested. • ► Review of all Council and Planning Commission agenda items and minutes. • ► Meetings and /or telephone conversations with Mayor, Councilmembers, City Administrator, Department Managers and other staff to advise on • general legal matters. ► Preparation and/or review of municipal contracts, including contracts for • public improvements, developments, joint powers agreements, construction and purchase of equipment. • • • Campbell Knutson • 18 Professional Association • • • • • ► Consultation on employment related issues including PELRA, labor • agreements, personnel policies, FLSA, Veteran's Preference and reemployment insurance. • ► Research and submission of legal opinions on municipal or other legal matters requested by City Administrator or City staff. • • ► Advising the City Administrator and Department Heads on the status of all legal matters before the City and providing a quarterly written status • report on all current litigation and unresolved matters. • ► Providing legal briefings, as requested, to the City staff and Council • regarding new or proposed legislation affecting municipal operations and • activities. • ► Providing, on a periodic basis, written updates and/or training on new state or federal legislation or judicial holding impacting upon the City, and suggesting actions or changes in operations or procedures to assure compliance. ► Review bonds, deeds, securities and insurance requirements required by or for City contracts or activities. ► Review documents submitted by bond counsel involving the issuance of debt or debt related instruments and provide opinions as requested or required. ► Provide advice on Open Meeting Law and data practices /privacy issues. ► Interpret and advise regarding State land use statutes and City Code. ► Prepare and/or review Conditional Use Permits and documentation, vacation of Rights -of -Way and Special Assessments. Retainer Agreement We do not believe that we can propose a retainer amount that would be advantageous to the City and fair to Campbell Knutson without first discussing in detail with the City Administrator and other appropriate City staff their view of the amount of legal services required. We have found in some cases that 19 Campbell Knutson Professional Association using the City's past experience with City Attorney fees is not always the best indicator of what our fees would be. Many of our municipal clients have found that we have been able to reduce their legal budgets. We would be happy to negotiate a retainer agreement with the City of Shorewood. • • • • • • • • • • • CITY ATTORNEY: NON - RETAINER MATTERS Non - retainer civil matters would include active representation of the City in agency or legislative proceedings, grievance or interest arbitration, real estate acquisition, pre - litigation, litigation and appellate matters, and other matters not covered under the retainer. Representation of the Economic Development Authority and codification services would also be billed at non - retainer rates unless otherwise negotiated. Non - retainer matters would be billed at the hourly rate set forth above. Pass - through legal services (services rendered which are paid for by developers or from a project fund) would be billed at our customary hourly rates, which currently range from $105.00 to $175.00 an hour. Legal services 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. We would bill the City for filing, recording and litigation costs at actual cost. The City would not be charged for any other costs. We will provide a monthly billing statement which conforms to the specifications of the RFP. REVIEW OF RETAINER/RATES If the City selects a legal services retainer arrangement, we propose an initial six month review of whatever retainer fee agreement is negotiated, and an annual review thereafter. We are open to discuss other alternative billing methods, or a more detailed fee arrangement, that will accommodate the City's needs for experienced, cost - effective legal representation. MONTHLY BILLING STATEMENTS We will provide Shorewood with monthly billing statements consistent with the format requested in Section D.2 of the City's Request for Proposal. Campbell Knutson 20 Professional Association Section E: MISCELLANEOUS AND RESUMES 1. - INSURANCE Campbell Knutson carries legal malpractice insurance and all other coverages for the full scope of the firm's practice. 2. ACTUAL OR POTENTIAL CONFLICTS OF INTEREST We do not have any conflicts of interest in representing the City of Shorewood. Our firm and the individual attorneys within our firm do not represent any clients or have any interests in lawsuits or other legal actions between them and the City of Shorewood. As a Firm practice, we do not represent any real estate developers on development applications in any city. We do not represent any cities which share a common border with Shorewood. 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. 3. EQUAL OPPORTUNITY STATEMENT Campbell Knutson has not employed more than twenty full -time employees on a single working day during the previous twelve months. Campbell Knutson does not discriminate against any employee or applicant for employment on the basis of race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, status with regard to public assistance or disability. Campbell Knutson 21 Professional Association • • • • • APPLICANT ASSURANCES The applicant hereby assures and certifies: 1. That the individual signing the assurance form on behalf of the Firm in the • proposal possesses the legal authority to bind the Firm by contract. 2. That in connection with this proposal and any subsequent contract the Firm 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. That the Firm 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. Dated: January 6, 1999. CAMPBELL KNUTSON Professional Association By: <x,4- eta,• Suesan Lea Pace Official Address: 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 Campbell Knutson 22 Professional Association LAW LIBRARY AND PUBLICATION SUBSCRIPTIONS Our municipal law library, one of the best private libraries in Dakota County, includes the following resources and publications: Minnesota Statutes (print and CD -ROM) Northwestern Reporter Minnesota Reporter (CD -ROM, published and unpublished opinions) Minnesota Rules Minnesota Session Laws (print and CD -ROM) Minnesota Attorney General Opinions (print and CD -ROM) McQuillan on Municipal Corporations Uniform Building Code and Uniform Fire Code American Jurisprudence American Law Reports Uniform Laws Annotated Three separate series of legal form books Dunnell's Digest Northwestern Digest West's Minnesota Digest (CD -ROM) Phillip's Legislative Service Nation's Cities Weekly Minnesota Cities (LMC) Finance and Commerce, Appellate Courts edition Minnesota Clipping Service LMC Cities Bulletin Municipal Litigation Reporter Minnesota Real Estate Journal Municipal Attorneys' Digest The Minnesota State Register United States Law Week MSBA Public Law News Minnesota Department of Administration Advisory Opinions Journal of the American Planning Association State & Local Law News Environmental and Urban Issues National Public Employer Relations Association Newsletter Governing, the Magazine of States and Localities Minnesota Public Employer Labor Relations Association Newsletter Campbell Knutson 23 Professional Association 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 is the City Attorney for Prior Lake and Big Lake and an Assistant City Attorney for Lakeville and Plymouth. Prior to joining Campbell Knutson, Suesan served as deputy and then City Attorney for St. Louis Park for nine years. Prior to moving to Minnesota, she served on the Washington D.C. staff of United States Senator John Glenn where she was responsible for assisting local governments with problems with regulatory agencies and federal grant programs. Suesan has broad experience in the public and administrative law arenas, including land use and zoning, public administration and economic development matters. r, • 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 and League of Minnesota Cities meetings. • • • • • • • • • • JOEL J JAMNIK Education: Honors graduate of St. Cloud State University, majoring in Criminal Justice and Political Science. Honors graduate of William Mitchell College of Law. Professional Memberships: Minnesota State Bar Association, Ramsey County Bar Association, Minnesota City Attorney Association. Areas of Practice: Joel was Legislative Counsel and Senior Intergovernmental Relations representative for the League of Minnesota Cities from 1983 - 1997, with primary responsibility for land use, environment, criminal law, transportation, personnel, public safety and general government issues. He is the author of the Handbook for Minnesota Cities 1983 - 1995. Joel is also the City Attorney for Lindstrom. 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 the principal attorney for St. Louis Park and is an assistant City Attorney for Plymouth, Burnsville, Lakeville and Chanhassen. He is also 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 condemnation, zoning and land use litigation, assessment appeals and code enforcement. I• I• 10 THOMAS I 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 financial planning, and commercial matters. Tom has served as a commercial arbitrator for the American Arbitration Association since 1979 and 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. n u • 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 Associations on Public Law, and Sensible Land Use Coalition (Director). Areas of Practice: Roger is the City Attorney for Plymouth, Lakeville, Chanhassen, New Market and Elko. 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: • • I• 1• Roger is listed in the Guide Book to Law and Leading Attorneys. 10 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 Section; Burnsville Chamber of Commerce. Areas of Practice: Lead Prosecutor for Plymouth, Lakeville, Cannon Falls and Farmington. City Attorney for Burnsville, Cannon Falls and Hampton. Extensive background in criminal prosecution and municipal law, including land use planning and development, assessment appeals, government liability, contracts, employment issues, code enforcement and litigation. 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. 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. Areas of Practice: Andrea handles general matters for all of the firm's municipal clients. Her primary practice areas are employment, land use and real estate. Before joining the firm in 1993, Andrea clerked for the Honorable Jack Davies of the Minnesota Court of Appeals. Professional Memberships: Public Law Section of the Minnesota State Bar Association; Dakota County Bar Association; Minnesota Women Lawyers Association. Education: Matthew is a 1991 honors graduate of the University of Minnesota, and a 1995 honors graduate of the University of Minnesota Law School. During law school, Matthew served as an editor of the Minnesota Journal of Global Trade, and published an article. Areas of Practice: Matthew is a new associate with the firm. Prior to joining the firm, Matthew clerked at the Office of the Minneapolis City Attorney where he provided general litigation support and second - chaired trials with employment discrimination, police misconduct and land use issues. He also clerked for the Honorable Robert G. Schiefelbein, Hennepin County District Court, and the Minnesota Court of Appeals. Professional Memberships: Member of Minnesota, Dakota County and Hennepin County Bar Associations. • I[] 10 January 7, 1999 City Council City of Shorewood 5755 Country Club Road Shorewood, MN 5$331 Dear City Council Members: Upon recently returning from vacation, I reviewed your letter announcing openings on the Park and Planning Commission Board, specifically addressing a request to fill a position with a resident from Shady or Ench=ted island. I am interested in applying for this position. My interest in the position is due to the following reasons: • It is important that the Islands have representation from a resident who is dedicated to the best interest of the Islands, its' residents, and the overall community of Shorewood. • Residents of the Islands, are inclined to feel "separated" from the Shorewood community. This is obviously contributed to our location aria tlutl the actual central location of Shorowood is distant. The residents of the Islands should feel as though they are an important "part' of the Shorewood community and that their interests and opinions are considered. • In considering responsibilities of such representation, I would like to ensure that issues /dcvclopments arc handled with consistcncy, balance and fairness in the best interest of the Islands and the overall community of Shorewood. I have two small children who are a part of the community, and my family intends to remain in Shorewood permanently. Please consider my business experience in Qualifying me for the position: For the last 6 years I have been employed at Sunrise international Leasing Corporation. My current position is as Director of Operations and Marketing. Annual sales for Sunrise should reach $70 — 75 Million by the end of this :SwA year (March 31, 1999). Sunrise is an Equipment Leasing Company, specializing in customized Vendor Leasing Programs for High Tech equipment manufacturers. Administration and Marketing employees reporting to me total a current headcount of 25. Previous to my position at Sunrise, I was employed at for Northgate Computer Systems for 4 years as Operations Manager of the Rental and Leasing Division. January 7, 1999 Page 2 I have excellent references available upon your request. I appreciate your review of my application of the position and I greatly look forward to meeting everyone tonight. Sincerely, arrie Halvorson 4495 E- xwhantcd Island Shorewood, MN 553 470 -7822, Bus. 513.3228 TOTAL P.02