HomeMy WebLinkAbout1-4-2023 WorkshopCITY OF FALCON HEIGHTS
City Council Workshop
City Hall
2077 West Larpenteur Avenue
AGENDA
January 4, 2023
6:30 P.M.
A. CALL TO ORDER:
B. ROLL CALL: GUSTAFSON____ LEEHY___
MEYER ___ WASSENBERG___ WEHYEE___
STAFF PRESENT: LINEHAN____ SORENSEN____
C. POLICY ITEMS:
1. Police Services Contract Consultant – Deliverable #1 Review
2. Prosecuting Attorney RFP
3. Climate Emergency Resolution
4. 2023 Fee Schedule
D. ADJOURNMENT:
DISCLAIMER: City Council Workshops are held monthly as an opportunity for Council Members to
discuss policy topics in greater detail prior to a formal meeting where a public hearing may be held and/or action may be taken. Members of the public that would like to make a comment or ask questions about an
item on the agenda for an upcoming workshop should send them to mail@falconheights.org prior to the
meeting. Alternatively, time is regularly allotted for public comment during Regular City Council
Meetings (typically 2nd and 4th Wednesdays) during the Community Forum.
BLANK PAGE
REQUEST FOR COUNCIL ACTION
City of Falcon Heights, Minnesota __________________________
Item Police Services Contract Consultant – Deliverable #1 Review and Feedback
Description
On September 28th, the City Council approved a contract with The Center for Values-
Based Initiatives (CVBI) to conduct a three-part analysis of the services and
satisfaction with the law enforcement services provided by the Ramsey County
Sheriff’s Office (RCSO).
To start this process, CVBI President Matt Bostrom conducted three focus groups
from November 28th – December 1st at City Hall. The focus groups were open to any
interested Falcon Heights resident and were widely publicized. In total, 16
participants provided feedback on the services provided by the RCSO and shared
what they believe the characteristics of the officers patrolling Falcon Heights should
be.
Matt will present the findings of the focus group, and seek additional feedback from
the City Council before Deliverable #1 is finalized.
Budget Impact N/A
Attachment(s) Deliverable #1 is currently being finalized and will be handed out to the Council at
the meeting.
Action(s)
Requested Staff recommends reviewing Deliverable #1 and providing feedback to CVBI.
Meeting Date January 4, 2023
Agenda Item Policy C1
Attachment N/A
Submitted By Jack Linehan, City Administrator
BLANK PAGE
REQUEST FOR COUNCIL ACTION
City of Falcon Heights, Minnesota __________________________
Item Prosecuting Attorney Services Request for Proposals
Description
For the past twenty years or more, the City has utilized the legal services of City
Prosecutor Katrina Joseph, now of HJ Law. As the contract had not been bid in many
years, the City Council approved releasing an RFP for prosecuting attorney services
on November 9th. The RFP was published on November 14th, and closed on December
14th.
In total, the City received one proposal from a qualified firm—Kelly & Lemmons. HJ
Law was invited to submit a proposal, but the City did not receive a response from
the incumbent.
Kelly & Lemmons is an experienced firm that provides prosecuting attorney services
for seven Minnesota cities, including most of the contract cities of the Ramsey County
Sheriff’s Office. These cities include:
• Little Canada (since 2008)
• North Oaks (since 2011)
• Shoreview (since 2012)
• Arden Hills (since 2012
It is proposed that Joseph Kelly serve as the City’s Prosecutor. Mr. Kelly is well
regarded among cities and the Sheriff’s Office as an effective prosecutor.
The City Council is asked to review the RFP and provide guidance on whether to
approve a contract with Kelly & Lemmons, or whether to reject all proposals and
continue with our current prosecutor.
Budget Impact The City budgets $31,000 annually for prosecution services, which covers the
current retainer of $2,500 per month plus any contingent expenses. The
proposal from Kelly & Lemmons is for a fixed monthly retainer of $2,500. This
rate is guaranteed through 2025.
Attachment(s) • Request for Proposals Prosecuting Attorney Services
• Response from Kelly & Lemmons
Action(s)
Requested
Staff recommends the City Council review the response from Kelly &
Lemmons and provide direction for staff on how to move forward.
Meeting Date January 4, 2023
Agenda Item Consent G7
Attachment RFP Prosecuting Attorney Services,
Response from Kelly & Lemmons
Submitted By Jack Linehan, City Administrator
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November 10, 2022
REQUEST FOR BIDS
The City of Falcon Heights
Prosecuting Attorney Services
Bid Submittal Deadline: December 10, 2022 at Noon.
Prepared By:
Jack Linehan, City Administrator
City of Falcon Heights
2077 Larpentuer Ave West
Falcon Heights, MN 55113
jack.linehan@falconheights.org
651-792-7611
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Request for Proposal
TABLE OF CONTENTS
SECTION 1: INTRODUCTION
SECTION 2: PROCESS
SECTION 3: SCOPE OF SERVICES
SECTION 4: PROPOSAL FORM AND CONTENT
SECTION 5: EVALUATION CRITERIA
SECTION 6: CONTRACT ETHICS
SECTION 7: CONFLICT OF INTEREST
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SECTION 1
INTRODUCTION
The City of Falcon Heights, located within Ramsey County in Minnesota, has a reported
population of 5,369, according to the 2020 U.S. Census. The City of Falcon Heights follows the
"Plan A" weak-mayor statutory city form of government, which is the most common type of city
government in Minnesota. Four council members and a mayor are elected at large and serve
four-year terms. A mayor-elected City Administrator oversees the daily activities of the City. The
City Council is responsible for adopting the City’s budget and tax levy, adopting resolutions and
ordinances, hires and terminations of employment, policy-making, development and growth
planning, and the overall direction of the City. In addition to providing general government
services, the City offers other services such as building permits, rental licenses, street cleaning
and snow removal. For fire services, the City contracts with St. Paul Fire Department; for police
services, the City contracts with Ramsey County Sheriff.
SECTION 2
PROCESS
Notice is hereby given that proposals will be received by the City of Falcon Heights, Ramsey
County, Minnesota for contracted legal services from firms or individuals experienced in criminal
law. The City of Falcon Heights (the City) invites qualified individuals or firms to submit
proposals to provide Prosecuting Attorney Services, based upon the scope of work contained
herein. In order to ensure a fair review and selection process, firms submitting proposals are
specifically requested not to make other contacts to the City staff or council members regarding
these proposals. Failure to comply with this request may result in disqualification of the proposal.
Information regarding the RFP process, if not found within this document, should be directed to
Jack Linehan, City Administrator, by email at jack.linehan@falconheights.org or by phone at 651-
792-7611. Find additional information about the City of Falcon Heights at
www.falconheights.org
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2-1 Requests for Proposal
The City of Falcon Heights invites qualified individuals or firms to submit proposals for
contracted legal services, as described in the scope of work set forth in Section 3 of this
Request for Proposals (RFP).
2-2 Schedule (tentative)
Issue Date: November 10, 2022
Closing Date: December 10, 2022
Anticipated Award Notice: January 6, 2023
Anticipated Contract Approval: January 11, 2022
Service to Begin: January 12, 2023
2-3 Official Contact
Questions regarding the scope of services shall be directed to:
Jack Linehan, City Administrator
City of Falcon Heights
2077 Larpentuer Ave West
Falcon Heights, MN 55113
jack.linehan@falconheights.org
651-792-7611
2-4 Proposal Due Date:
One (1) copy of the proposal must be delivered to Jack Linehan, 2077 Larpenteur
Avenue West, Falcon Heights, MN 55113, no later than 12:00 p.m. on December 10,
2022. A proposal may alternatively be emailed by December 9th at 12:00 p.m. to
jack.linehan@falconheights, and must receive acknowledgement of receipt by
December 10th at 12:00 p.m. to be considered. Proposals should be marked “RFP for
Prosecuting Attorney Services”. Late proposals will be kept by the City, but not
considered for award. Proposals must be sealed and clearly addressed and marked with
the RFP title.
2-5 Cancellation, Delay or Suspension of Solicitation: Rejection of Proposals
The City may cancel, delay or suspend this solicitation if in the best interest of the City
as determined by the City. The City may reject any or all proposals, in whole or in part, if
in the best interest of the City as determined by the City. The City reserves the right to
reject any or all proposals not in compliance with public bidding procedures.
2-6 Incurred Costs
The City is not liable for any costs incurred by a proposer in the preparation and/or
presentation of a proposal. The City is not liable for any cost incurred by a proposer in
protesting the City’s selection decision.
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2-7 Confidentiality of Information
All information and data furnished to the proposer by the City and all other documents
to which the proposer’s employees have access during the preparation and submittal of
the proposal shall be treated as confidential to the City. Any oral or written disclosure
to unauthorized individuals is prohibited.
Once a proposal has been accepted and is presented to the City Council for approval, it
will be determined a public document and non-private information will be shared and
published online, including the response to this proposal.
SECTION 3
SCOPE OF SERVICES
The City of Falcon Heights welcomes proposals from individuals or firms in response to specific
work products identified below.
3-2 Scope of Work and Deliverables
The principal responsibility of the selected Prosecutor(s) will be to provide municipal
representation of criminal (prosecution) matters on behalf of the City.
The role of the selected Prosecutor(s) will be to complete all tasks necessary to provide
prosecution representation to the City of Falcon Heights.
3.2 Criminal Prosecution Services
The services the Prosecutor(s) may perform include, but are not limited to, the following:
a) Prosecution of Misdemeanors
The services relating to prosecution representation include, but are not limited to, the
following: Prosecution of all petty misdemeanor, misdemeanor, and statutorily
delegated gross misdemeanor offenses committed within the corporate limits of the
City. This includes all such cases initiated by any law enforcement agency and citizen
complaints including, but not limited to, traffic violations, DWI cases, theft and City code
violations.
b) Consultation
Provide advice, consultation and training where required to the City's enforcement staff
in the interpretation and enforcement of statutes, ordinances and investigations of
violations in connection with the prosecution of criminal cases. Provide consultation,
and prosecution where necessary, on zoning code, building code or other nuisance
issues. Periodically meet with appropriate personnel to review status of prosecution
matters.
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C) Evaluation
Prosecutor(s) will evaluate all cases where a plea of not guilty is entered and prosecute
where warranted. Prosecutor(s) will seek such additional investigation as required; The
Prosecutor(s) will negotiate and enter plea bargains where deemed advisable.
D) Communication
Prosecutor(s) will communicate with the City Administrator on a monthly basis
regarding the status of cases and activity completed on behalf of the City in the past
month.
3.2.5 Legal Documentation and Representation
Prosecutor(s) will prepare and/or coordinate the completion of required documentation
in coordination with the City Administrator; prepare criminal complaints where facts
warrant; prepare appropriate pre-trial notices as required; perform all legal research
and prepare briefs when required. Prosecutor(s) will represent the City at court
appearances; Prosecutor(s) will try all jury and court cases; Prosecutor(s) will examine,
evaluate and provide representation for all appeals to Appellate Courts.
SECTION 4
PROPOSAL FORM AND CONTENT
4-1 Proposal Submittal
Proposals shall be prepared simply and economically, providing a straightforward,
concise description of the proposer’s capabilities to satisfy the requirements of the RFP.
Emphasis should be on completeness and clarity of content and cost effectiveness of the
proposal.
4-2 Proposal Form and Content
Proposals should include the following items in their proposals addressing the scope of
work in Section 3. Proposal and cost schedule shall be valid and binding for ninety (90)
days following the proposal due date and will become part of the contract that is
negotiated with the City.
The following will be considered minimum contents of the proposal and must be
submitted in the order listed:
1. Approach to Legal Services
A description of the proposed legal approach and methodology to be
utilized; the deliverables to be provided by the responder; and a description
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of the proposed prosecution techniques. The Prosecutor(s) is/are
encouraged to propose additional tasks or activities if they believe such
tasks or activities will substantially improve the results of the project. These
proposed additional tasks should be separated from the required material.
2. Proposed Consultant’s Qualifications
Summarize your or the firm’s background and history, including the number
of attorneys and paralegals employed, their relevant academic training and
degrees, and indicate how many attorneys and paralegals that may be
assigned to service this account. Include the depth and breadth of your
firm’s experience in criminal law (prosecution) and working on behalf of
public entities or in municipal law.
3. Scope of Services Offered
Provide a detailed breakdown of how you would approach the Scope of
Work proposed in Section 3. Include specific information on the steps that
would be taken to address each of the primary areas of need.
4. References
Proposals shall list a minimum of three (3) references that can attest to the
qualifications of you and/or your firm. Include the contact name, email,
telephone number and the nature of relationship for each reference.
Municipal references to which prosecution services were provided are
preferred.
5. Additional Information
Any information that the proposer feels is applicable to the evaluation of
the Proposal or of their qualifications for accomplishing this request for
services should be included in this section. You may use this section to
address the aspects of your services that distinguish you or your firm from
other firms.
6. Fees
The Prosecutor(s) must submit a compensation schedule for the services
outlined in the preliminary scope of work for providing legal fees. The
compensation schedule submitted shall be guaranteed by the Prosecutor(s)
for the term of the contract. The Prosecutor(s) shall include a compensation
schedule for any non-commission fees due to the Prosecutor(s) and identify
under what circumstances these fees might apply. The Prosecutor(s)
compensation schedule shall include all costs/fees that will be assessed. The
Prosecutor(s) shall warrant that quoted fees are the only compensation that
he or she will receive from the transactions completed under this RFP.
Retainer: Please quote a retainer fee to be charged for prosecution
services and the items noted herein that are to be covered by the retainer.
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Also state separately the rate for any cost items proposed to be itemized
and billed (i.e. mileage, photocopying, Westlaw or Lexis fees, overhead
factor, etc.). Clearly note any “retainer” items listed above that your firm
will not provide as part of the retainer duties and prefer to bill on an hourly
basis. Please be specific.
Hourly Billing: Please quote the dollar amount of fixed and/or hourly
fees and costs your firm will charge for providing the legal services to the
City of Falcon Heights covered by your proposal that fall outside the duties
covered by the Retainer. For the hourly fees portion of your proposal,
please identify an hourly rate of each attorney and support personnel.
Identify the minimum increment of time billed for each service, e.g. phone
calls, correspondence and personal conference.
The City requires detailed monthly billing statements that shall include but
are not limited to the following items:
1. Itemize the date of services
2. Identify the attorney and/or support personnel providing the services.
3. List the time spent for each service or activity by tenths of an hour.
4. Provide a detailed description of the services performed.
5. State the fees for those services.
6. Itemize all associated costs and expenses related to the services performed.
SECTION 5
EVALUATION CRITERIA
The City shall evaluate the proposal on criteria including, but not limited to, the following list (in
no order of priority).
1. The City adheres to the instruction in this Request for Proposals on preparing and
submitting the proposal;
2. Thoroughness of approach to representing the City in criminal legal matters and
demonstration of the understanding of the objectives and scope of the Services.
3. Compensation schedule.
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SECTION 6
CONTRACT ETHICS
1. No elected official or employee of the City who exercises any responsibilities in the review,
approval, or implementation of the proposal or contract shall participate in any decisions,
which affects his or her direct or indirect personal or financial interest.
2. It is a breach of ethical standards for any person to offer, give or agree to give any City
employee or council member, or for any City employee or council member to solicit, demand,
accept, or agree to accept from another person or firm, a gratuity or an offer of employment
whenever a reasonably prudent person would conclude that such consideration was
motivated by an individual, group or corporate desire to obtain special, preferential, or more
favorable treatment than is normally accorded to the general public.
3. The firm shall not assign any interest in this contract and shall not transfer any interest in the
same without the prior written consent of the City.
4. The firm shall not accept any client or project that places it in a conflict of interest with its
representation of the City of Falcon Heights. If such a conflict of interest is subsequently
discovered, the City shall be promptly notified.
SECTION 7
CONFLICT OF INTEREST
• Indicate whether you or your firm currently represents, or has represented any client where
representation may conflict with your ability to serve as Prosecution Attorney for the City of
Falcon Heights.
• Indicate if you or your firm currently represents any real estate developers doing business
with, or anticipating doing business with, the City of Falcon Heights.
• Indicate whether you currently represent any other local units of government having
jurisdiction within, or contiguous to the City of Falcon Heights.
• Indicate what procedures your firm would utilize to identify and resolve conflicts of interest.
KELLY & LEMMONS, P.A.
JOSEPH A. KELLY
jkelly@kellyandlemmons.com
2350 Wycliff Street, Suite 200
Saint Paul, MN 55117
Phone: 651.224.3781
Submitted December 12, 2022 by:
CITY OF FALCON HEIGHTS
PROSECUTORIAL LEGAL SERVICES PROPOSAL
TABLE OF CONTENTS
I. INTRODUCTION . . . . . . . . 1 A. History of Firm . . . . . . . 1
B. Overview of Attorneys . . . . . . 1 C. Overview of Support Personnel . . . . . 2 D. Office Location/Organization . . . . . 2 E. Technological and Research Capabilities . . . . 2 F. Conflict of Interest/Professional Liability Insurance . . 3
II. PROSECUTORIAL PHILOSOPHY . . . . . . 3
A. QDVRO’s . . . . . . . . 4
B. Code Enforcement and Nuisance Abatement . . . 5
C. Theft and Other Alternative Approaches . . . . 5
III. SERVICES PROVIDED . . . . . . . . 6 A. Accessibility to City and Police Personnel . . . . 6 1. Training . . . . . . . 6 B. Criminal Appellate Experience . . . . . 7
IV. PROSECUTING ATTORNEYS . . . . . . . 7 V. MUNICIPAL REFERENCES . . . . . . . 10 VI. FEES . . . . . . . . . . 11 VII. CONCLUSION . . . . . . . . . 12
APPENDIX A – ATTORNEY RESUMES
JOSEPH A. KELLY . . . . . . . . Add. 01 KEVIN M. BECK . . . . . . . . Add. 04
KRISTINA J. BORGEN . . . . . . . . Add. 06 REBECCA L. DUREN . . . . . . . . Add. 08 MARTIN H.R. NORDER. . . . . . . . Add. 10 RACHEL SWENSON . . . . . . . . Add. 12 ASHLEY TURNER . . . . . . . . Add. 14
Kelly & Lemmons, P.A. City of Falcon Heights
Prosecution Services Proposal
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I. FIRM BACKGROUND
Kelly & Lemmons, P.A. is honored to submit this response to the City of Falcon Heights’s prosecutorial legal services request for proposals.
A. History of Firm Kelly & Lemmons has been dedicated to representing local government units since the firm’s founding in 1974. During the past half-century, we have developed an excellent reputation as practical and reasonable municipal and prosecuting attorneys. We currently represent the following municipalities
(start date and scope of representation in parentheses):
• City of Taylors Falls (1992: civil, HRA)
• White Bear Township (1994: civil, EDA, HRA)
• City of Gem Lake (2006: civil)
• Eureka Township (2008: civil)
• City of Little Canada (2008: civil, EDA, HRA, prosecution)
• North Oaks (2011: prosecution)
• City of Shoreview (2012: civil and prosecution)
• City of Arden Hills (2012: prosecution)
• City of Maplewood (2015: prosecution)
• City of Stillwater (2018: prosecution)
• City of Lakeland Shores (2018: prosecution and civil)
• Baytown Township (2020: civil)
• City of West St. Paul (2021: prosecution)
We practice more than municipal law, however, as we are a full-service, general practice law firm with attorneys practicing in a wide variety of legal areas, including real property, labor, estate
planning, and corporate law. We believe that our broad experience helps our municipal clients. Other types of organizational clients we represent include the Minnesota State High School League, public and private labor unions, and for profit and non-profit corporations as well as employees and individuals on all types of real property and estate planning issues. B. Overview of Attorneys Kelly & Lemmons, P.A. currently has ten attorneys (six shareholders and four associates). The following is a list of our attorneys, their title, and primary practice area(s):
1. Kevin M. Beck, Shareholder: Prosecution, Employment/Labor, Municipal-Civil 2. Kristina J. Borgen, Associate: Prosecution 3. Rebecca Duren, Shareholder: Prosecution, Employment/Labor 4. Joseph A. Kelly, Shareholder: Prosecution, Employment/Labor, Municipal-Civil 5. Patrick J. Kelly, Shareholder: Municipal-Civil, Employment/Labor
6. Chad D. Lemmons, Shareholder: Real Property, Municipal-Civil
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Prosecution Services Proposal
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7. Patrick McGuigan, Senior Associate: Estate Planning, Corporate 8. Martin H.R. Norder, Shareholder: Prosecution 9. Rachel Swenson, Associate: General Practice
10. Ashley Turner, Associate: Prosecution, Real Property C. Overview of Support Personnel In addition to our attorneys, we currently have one paralegal, Shari Hunter, and an office manager,
Amy Washenberger. Amy is responsible for billing and day-to-day operations. Shari assists with
prosecution as needed. As a former court reporter, Shari is often called upon to transcribe 911 calls and other audio recordings in preparation for criminal trials. D. Office Location/Organization
Our office is centrally located at 2350 Wycliff Street, #200, Saint Paul, MN 55114. We are technologically prepared to handle the demands of 21st century prosecution work. We have a fully networked office where we maintain an electronic database of prior research legal memoranda, motions, and formal complaints so that we have a full complement of common documents required
for prosecution work. Our attorneys are able to access our network from anywhere in the world with
an internet connection via VPN. E. Technological and Research Capabilities
We are equipped to receive evidence in electronic form from law enforcement and to transfer that
evidence onto media suitable for disclosure to defendants and for use in court. We possess the software and hardware required to accomplish these transfers, as we currently handle evidence for our cases with the Stillwater Police Department, Ramsey County Sheriff’s Office, Maplewood Police Department, and West St. Paul Police Department without difficulty. Our office is registered with the
central administrator of the MnCIS court information system, and we have dedicated MnCIS terminal
software on our prosecutors’ and assistant’s computers. Our attorneys and staff have been trained and implemented the MGA subscriber to access electronic court records. We have accounts with BCA e-charging, MGA, evidence.com, and Sharefile.
We maintain an online legal research subscription with Thomson Reuters Westlaw. The cost for online
legal research is borne entirely by us; we do not pass it through to the City. Our attorneys read weekly releases of decisions from the Minnesota Court of Appeals and Minnesota Supreme Court and provide updates to our clients when new cases could impact their operations. This is particularly important in criminal law where the legal landscape is constantly being shaped by judicial decisions. Having
multiple prosecution clients allows for economies of scale with regard to these general criminal law
matters, which enables us to submit what we consider to be a very competitive proposal. Complaints, particularly in-custody complaints, are an area which require special attention because of
legal and timing requirements. Because we write complaints on a daily basis, we are able to efficiently
review reports in order to draft and submit complaints in a timely manner. This is especially important
for in-custody defendants where a complaint must be filed within 36 or 48 hours of arrest or the
Kelly & Lemmons, P.A. City of Falcon Heights
Prosecution Services Proposal
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defendant will be released. Our attorneys review, draft, and submit in-custody complaints to ensure
not only that the highest-level crime is charged, but also that the complaint is filed prior to the
expiration of the defendant’s custody hold. We are familiar with e-Charging, as we currently use e-
Charging for all of our other prosecution clients and meet all BCA requirements to use e-Charging. If
selected, we could easily establish an e-Charging account for Falcon Heights.
We track each case that is opened and keep an electronic database of the defendant, court file number,
date of disposition, type of disposition, and the officers involved. When a case is completed, we notify
the involved officers of the disposition and that the case is closed. Accordingly, we could provide
daily, weekly, or monthly prosecution updates in any format the City would like.
We leverage these technologies to increase efficiencies and provide a very competitive proposal.
F. Conflict of Interest/Professional Liability Insurance The municipal clients who we currently provide services to set forth in Section I above. Given our extensive practice in municipal and public sector labor law, conflicts of interest can arise. We maintain an electronic database to identify potential conflicts of interest. Should a conflict arise with respect to
prosecution, we would make arrangements for a special prosecutor to handle the case at no additional
cost to the City. That being said, we do not foresee any potential conflict of interest with the City of Falcon Heights that could result from representation as prosecutors. We do not currently represent a client whose representation may conflict with the firm’s ability to serve as criminal prosecutors for the City. To the extent we currently represent any client in direct conflict with the City of Falcon
Heights, we would withdraw from such representation if selected as prosecutors.
Kelly & Lemmons carries a $3-million-dollar professional liability policy with Minnesota Lawyers Mutual. A copy of the declaration page can be provided upon request.
There have been no ethics complaints against our firm over the last five years, and there is no pending
action under review by the Office of Lawyers Professional Responsibility. We take our ethical obligations very seriously. Kevin and Joe were recent members of the Second Judicial District Ethics Committee. Patrick Kelly and Patrick McGuigan are both former chairs of the Second Judicial District Ethics Committee.
II. PROSECUTORIAL PHILOSOPHY We handle all stages of criminal prosecution, from initial review and charging, through discovery and
motion work, to verdict and appeal. Kelly & Lemmons has a firm-wide dedication to law enforcement,
from our capacity as prosecutors, to representing law enforcement unions, and individual law
enforcement officers. In addition to that extraneous experience, what further sets us apart from many
others is that we take an attorney-forward approach to prosecution—meaning that we like for our
prosecutors to have an active role in each file from its genesis. Accordingly, attorneys, not paralegals,
draft complaints, motions, and briefs. Our office is very collegial and fluid with attorneys frequently
discussing cases with each other in offices, at the “water cooler”, and over coffee or lunch. As a result,
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Prosecution Services Proposal
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our attorneys have a working knowledge of most files even if they have never formally appeared on it
which allows for sufficient backup personnel. Difficult charging decisions and plea discussions are
discussed internally and, if necessary, we contact the involved officer(s) to obtain additional
background information and/or to request that additional investigation be performed.
We also understand the impact in terms of budget (e.g., wages) and public safety (e.g., officer presence on the street) when we schedule officer appearances and, therefore, make every effort to require officer appearances only when necessary. For instance, if a defense attorney notifies us at the pre-trial hearing that the defendant will be pleading guilty but would like more time before he/she does so, then we will state that, on the record, and set the case for a plea hearing rather than a jury trial so that we do not
need to subpoena an officer(s) to appear in that particular case.
Our prosecutorial philosophy embraces a community justice approach to prosecution while
recognizing that the goal of prosecution is to deter criminal activity. It is important to obtain
convictions, particularly for enhanceable offenses such as QDVRO’s and DWI’s, while recognizing
the need to provide an alternative to traditional prosecution when appropriate. Alternatives to
traditional prosecution are assessed on an individualized case-by-case basis based upon the facts of
the alleged crime, input from law enforcement, the City, and/or victims, the defendant’s criminal
history, and the defendant’s willingness to accept responsibility. Our seasoned prosecutors are able to
efficiently perform this analysis so that alternatives to traditional prosecution are employed effectively
and when appropriate.
A. QDVRO’s
We understand that qualified domestic violence related offenses and DWI’s pose the largest public
safety issue facing misdemeanor courts. Intimate familiarity with enhanceability requirements for both
types of crimes is critical because it can mean the difference between obtaining a qualifying conviction
without the risk of trial. For example, some defendants charged with domestic assault will not plead
to a “domestic assault” but will plead to assault in the fifth degree, which is a QDVRO. Because the
sentence will be the same whether the conviction is for domestic assault or fifth degree assault, a fifth-
degree assault may achieve the goal of obtaining a QDVRO conviction without the risk of proceeding
to trial (where a jury could acquit). That, in fact, may be what the victim requests. We also recognize
that in certain situations, a disorderly conduct may be appropriate. It should be noted that before any
plea offer relating to a QDVRO is presented to the defendant, it is discussed with the victim, involved
officer(s), and/or the victim’s advocate. It is important to obtain a conviction because it allows us to
mandate programming (e.g. chemical dependency, anger management, domestic abuse treatment) as
a term and condition of probation. Programming is a critical component of a QDVRO plea offer
because it seeks to address the underlying reason for the charge with the goal to reduce recidivism.
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B. Code Enforcement and Nuisance Abatement
Code enforcement and nuisance abatement is a major concern in any developed city. Our background
as both civil city attorneys and prosecutors allows us to work closely with city staff, the police
department/sheriff’s office, and the potential defendant to achieve the City’s goal(s). As prosecuting
attorneys, we were recently asked by the City of Maplewood to address a nuisance property through
abatement procedures and processes other than formal prosecution. In the City of Shoreview, we
utilized abatement procedures to remove an unsafe and non-compliant structure without the need for
formal prosecution. When the related costs were assessed, the property appealed to district court,
which upheld the assessment, including a portion for attorneys’ fees. The City of Shoreview has also
successfully implemented its SHINE Program, which targets a different neighborhood for code
enforcement each year. The City of North Oaks frequently encounters pushback to code enforcement
efforts, including equal protection constitutional challenges. In the City of Stillwater, we have worked
closely with the City’s planning staff to address nuisance properties. We recognize that non-
compliance may be due to an inability to pay and have successfully worked to link homeowners with
local non-profits and even governmental agencies to achieve compliance. We know that the ultimate
goal is to gain compliance with the code. Sometimes a mere letter suffices; sometimes it takes multiple
letters; sometimes it requires criminal charges and conviction. We work with City staff and police to
determine the best approach on an individualized basis.
C. Theft and Other Alternative Approaches
We recognize theft and shoplifting are big issues for both municipalities and individuals. Theft
convictions can impact an individual’s ability to obtain a job, housing, and good credit. Accordingly,
an individual charged with theft with no other criminal record would likely be referred to diversion
programming as a way to provide him/her with the opportunity to alter their behavior based upon
personalized behavioral goals that must be met within a stated time (i.e. restitution, chemical
dependency treatment, community service, counseling and/or employment, etc.). If the defendant
completes his/her goals, then the charge is dismissed; if not, then the charges are placed back on the
calendar for prosecution. In certain first-time thefts, we may allow the defendant to provide proof of
restitution before he/she pleads guilty, with the offer to amend the charge so the defendant does not
have a theft conviction. We work closely with the police department to determine the best approach
to thefts, both on the whole, and on the individual level.
Examples of other alternatives approaches include enrolling our cities in the Minnesota Department
of Vehicle Services’ Driving Diversion Pilot Program (“DDP”). Joe Kelly was instrumental in getting
our current prosecution clients to be among the first cities in Ramsey County to enroll in the state-
sanctioned DDP, which was developed to support participants in paying outstanding traffic citations
and fulfill the requirements necessary to reinstate their driver's license. Once an individual loses his/her
driver’s license it can be difficult to get back, and many people continue to drive despite not having a
valid driver’s license. The DDP helps break the cycle of repeat offenders who accumulate citations
and fines because they continue to drive without a valid license by providing an avenue for such
Kelly & Lemmons, P.A. City of Falcon Heights
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individuals to get placed on a fast track towards re-licensure while ensuring they make payments for
outstanding fines, accept responsibility for their actions, and receive educational training. When it
comes to repeat drivers’ license offenses, our philosophy is to work with the defendant and/or legal
counsel to allow the defendant to obtain a valid driver’s license in an effort to reduce, and hopefully,
eliminate the cycle of repeat driving offenses.
In addition to the DDP, we employ continuances for dismissal (sometimes referred to as continuance
without prosecution) when appropriate. Most often, CFD’s are offered to resolve petty misdemeanor
violations (i.e. speeding tickets, seat belt violations, equipment violations, etc.). A CFD can be useful
in cases where a first-time defendant wishes to acknowledge responsibility but would like to keep it
off of his/her record. If they pay the prosecution costs, remain law-abiding, and have no same or similar
offenses, the charge is dismissed after one year. The difference between pleading guilty (and paying a
fine) versus paying prosecution costs for a CFD is that all of the prosecution costs under a CFD go to
the City whereas the City will only see a small percentage of a fine. Before offering a CFD, we consult
with the involved officer for their input. If they do not approve, a CFD will not be offered.
III. SERVICES PROVIDED
A. Accessibility to City and Law Enforcement Personnel Our technological capabilities combined with our attorneys’ deep experience in misdemeanor prosecution provide for rapid response times. When contacted by a municipality or law enforcement
agency, we make every effort to provide a same-day response. Many times, given the breadth of our
practice and experience in criminal law, we have previously encountered a similar issue and can provide timely guidance on not only the strict letter of the law but also practical concerns that could be implicated. Regardless, we ask for a timeline to respond and have no problems meeting deadlines. Our firm is steeped in municipal representation and treats each municipal client as if they are our only
client. We strongly encourage you to confirm this with any of our references. Each attorney carries a smart phone with 24-hour access to phone calls and e-mail. We provide our cell phone numbers to City staff and members of law enforcement. As a result, we can, and do, take
calls at all times of the day or night. If you call or e‐mail with a question, we will promptly respond or acknowledge receipt and provide an outline for a response. Our attorneys are already available to our
current law enforcement clients 24/7 and would have no issues extending the same level of service to
Falcon Heights. 1. Training
We welcome the opportunity to provide training sessions on any number of issues related to law
enforcement. We are POST-approved providers. In-service legal training helps officers stay current
with the ever-changing issues in criminal law and procedure. Like office hours, training also provides
an opportunity for officers and prosecutors to interact in an informal setting. All of our prosecuting
attorneys have held training sessions for or on behalf of law enforcement, participated in leadership
meetings, and gone on numerous ride‐alongs. Through our work as outside counsel to multiple law
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enforcement unions, we work closely with law enforcement officers throughout Minnesota on various
prosecution adjacent issues. In that role, we frequently represent and counsel officers following critical
incidents involving the use of deadly force, pursuit, and similar high-visibility issues, and have
provided training on these issues across the State. We bring the experience and insight we gain from
these incidents to our prosecution work, including training sessions for law enforcement, in addition
to comprehensive legislative and judicial legal updates.
C. Criminal Appellate Experience
We have extensive criminal appellate experience, ranging from defending appeals of petty
misdemeanor speeding tickets, DWIs, and ordinance violations, to prosecuting appeals on behalf of
our municipalities. We have defended numerous appeals related to sufficiency of the evidence for a
finding of probable cause and/or to support a conviction. As special prosecutors for the City of
Shorewood, we appealed, on behalf of the City, a district court’s pretrial order dismissing
misdemeanor charges in violation of a city zoning ordinance. The case went all the way to the
Minnesota Supreme Court. Our attorneys have also raised and defended many civil appeals as well as
filed amicus curiae briefs. We are experienced appellate attorneys.
IV. PROSECUTING ATTORNEYS
Nearly all of our prosecutors have tried numerous cases to verdict. This is critical experience, as seeing
a case through the trial process provides an immeasurable value to understanding the complexities of how our criminal justice system operates—from procedural and evidentiary rules, to factual issues and concerns like interviewing witnesses, directing law enforcement on how to look for and obtain material evidence, to working with the County Attorney to ensure the highest-level crime is prosecuted—so
that we can best represent the City’s interests. In addition to court appearances, our prosecutors remain
active in policy and leadership roles, serving on several committees and workgroups in Ramsey, Washington, and Dakota Counties. We have found that maintaining an active profile helps to serve our cities’ goals. In addition, our experience working with members of law enforcement through our work with police unions, combined with our experience as prosecutors and as civil city attorneys offers
a unique and invaluable resource.
If selected, Kevin Beck, Kristina Borgen, Rebecca Duren, Joseph Kelly, Martin Norder, and Ashley Turner would serve as the City’s prosecutors. We propose Joseph Kelly as the primary attorney for Falcon Heights prosecution with Martin Norder being the primary backup.
The information below provides a brief summary of the attorneys who would serve the City of Falcon Heights should be we be selected. More detailed information regarding each attorney can be found in their attached resumes. Given the number of prosecuting attorneys at our disposal, we do not anticipate any problem covering the additional calendars should we be appointed as the Falcon Heights
prosecutor.
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Joseph A. Kelly is a shareholder with Kelly & Lemmons. Joe has built an excellent reputation as a prosecutor, serving as a prosecutor for the Cities of Maplewood, Little Canada, Shoreview, Arden Hills, North Oaks, West St. Paul, and Stillwater. Joe is also the Shoreview City Attorney. Joe is a
graduate of Mitchell Hamline College of Law and Arizona State University, one of the top 100
research universities in the world. Joe is licensed to practice in the State of Minnesota, Minnesota Federal District Court, and the 8th Circuit Court of Appeals.
In his role as prosecutor, Joe frequently meets with department heads for Maplewood, Stillwater and
the Ramsey County Sheriff’s Office to review prosecution matters and would perform the same service
for Falcon Heights. Joe has extensive prosecution experience, having dedicated over 50% of his
practice to misdemeanor and gross misdemeanor prosecution since 2008. Joe handles all stages of
criminal litigation, from charging decisions through motions, verdict, and sentencing. Joe currently
oversees the drafting of complaints, the delivery of required discovery disclosures, and appears at
arraignments, pre-trials/omnibus hearings, jury trials, and sentencings. Joe is frequently asked to
present and train on his experiences as a prosecutor, which range from POST-accredited full-day
seminars to informal roll-call presentations.
In addition to his role as an attorney, Joe is also an Infantry Major in the U.S. Army National Guard
where he has been awarded a Ranger Tab, Meritorious Service Medal, Army Commendation Medal (Second Award), Army Achievement Medal (Second Award), Air Assault Badge, Expert Infantry Badge, Pathfinder Badge, Army Service Ribbon, National Defense Medal, Global War on Terrorism Service Medal, and Global War on Terrorism Expeditionary Medal. Joe was honored in 2014 as an Outstanding Metro Area Prosecutor by MADD and was named a Super Lawyers Rising Star in 2012
and 2015-2021. Kevin M. Beck is a shareholder with the firm. Kevin is actively involved in prosecuting for the Cities of Maplewood, Little Canada, Shoreview, Arden Hills, North Oaks, West St. Paul, and Stillwater. In addition, Kevin represents public and private labor unions and is the Town Attorney for Baytown
Township. As an attorney representing both municipalities and public sector labor unions (with an emphasis on law enforcement), Kevin has extensive experience in issues unique to public entities, such as the Open Meeting Law, Minnesota Government Data Practices Act, collective bargaining obligations, Loudermill rights, the Veteran’s Preference Act, and the Peace Officer Discipline Procedures Act. Kevin has worked extensively with the Ramsey County Sheriff’s Office and the
Maplewood Police Department on law enforcement issues and has participated in law enforcement initiatives to reduce domestic violence and drunk driving in Ramsey County. Kevin is a 2005 graduate of Carleton College and a 2008 graduate of Mitchell Hamline School of Law. He is licensed to practice in the State of Minnesota, Minnesota Federal District Court, the 8th Circuit
Court of Appeals, Utah Federal District Court, and the State of Utah. Kevin practices primarily in
criminal, municipal, and employment/labor law. He has been named a Super Lawyers Rising Star in 2012-18 and 2021-22, an honor bestowed upon less than 2.5% of eligible attorneys. In 2014, Kevin was honored as an Outstanding Metro Area Prosecutor by Mothers Against Drunk Driving for his dedication towards stopping drunk driving, supporting the victims of drunk driving, and preventing
underage drinking.
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Kristina J. Borgen is an attorney with Kelly & Lemmons. Kristina has focused her criminal practice
on representing parties as both a prosecutor and defense attorney. She began her legal career clerking
and later working as a prosecutor in Hudson, Wisconsin. She then worked as a successful criminal
defense attorney throughout Minnesota with the State Public Defender’s office and later as a private
attorney representing hundreds of clients throughout Minnesota. He dedication to her clients earned
her the honor of a Super Lawyers Rising Star in 2020, 2021, and 2022 and the National Trial Lawyers
Top 40 under 40 in 2019.
Kristina graduated magna cum laude from Minnesota State University, Mankato in 2008, with a
degree in Law Enforcement and Corrections. She received her law degree cum laude from Mitchell
Hamline College of Law in 2011.
Rebecca L. Duren is a shareholder with Kelly and Lemmons. Rebecca practices primarily in criminal
prosecution for the Cities of Maplewood, Little Canada, Shoreview, Arden Hills, North Oaks and
Stillwater. Rebecca is one of a handful of prosecutors in Minnesota certified by the Minnesota State
Bar Association as a criminal law specialist. Less than 3% of Minnesota lawyers are certified
specialists in their field.
Rebecca received her bachelor’s degree from St. Olaf College and her law degree from Mitchell
Hamline College of Law. Prior to joining Kelly and Lemmons, Rebecca worked as an Assistant Public
Defender and in private criminal defense where she represented clients in misdemeanor and serious
felony matters. Rebecca is a panel attorney on the MPPOA Legal Defense Fund. Rebecca was named
an Up & Coming Attorney by Minnesota Lawyer Magazine in 2016 and has been selected as a Super
Lawyers Rising Star each year since 2019.
Martin H.R. Norder is a shareholder who joined Kelly & Lemmons in 2013. Martin devotes the majority of his time to prosecution for the Cities of Maplewood, Little Canada, Shoreview, Arden Hills, and North Oaks. Martin was honored in 2017 as an Outstanding Metro Area Prosecutor by Mothers Against Drunk Driving. Martin has also regularly provides training to the Maplewood Police
Department and Ramsey County Sheriff Deputies regarding updates in criminal law, misdemeanor arrest procedures, and investigation and report writing tips. Martin is currently the Suburban Prosecutor Representative on the Ramsey County Criminal Justice Coordinating Council. Martin has also represented the City of Shorewood in a special prosecution case that was heard before the Minnesota Supreme Court.
Martin earned his bachelor’s and law degree from the University of Saint Thomas. Prior to joining Kelly and Lemmons, he worked for several years in Ramsey County District Court as a judicial law clerk for the Honorable Michael T. DeCourcy and the Honorable Lezlie Ott-Marek. Martin’s significant experience on the judicial side of the criminal justice system provides a valuable framework
for his current role as prosecutor, as he has an exemplary working knowledge of the criminal procedural rules. He has also become very knowledgeable with potentially dangerous and dangerous dog ordinances, having tried many of these cases before an administrative hearing officer.
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Ashley Turner joined Kelly & Lemmons as an attorney in 2022. Prior to getting licensed in MN, Ashley practiced family and criminal law in Indiana before returning to Minnesota and working as a
prosecution paralegal at Kelly & Lemmons.
Ashley graduated from North Dakota State University with a bachelor’s degree in political science in 20010 and earned her law degree from the University of North Dakota in 2013.
V. MUNICIPAL REFERENCES We strongly encourage the City of Falcon Heights to contact any of current municipal clients, but are happy to provide specific contact information for the following references:
Brian Mueller, Chief of Police
City of Stillwater 216 4th Street North Stillwater, MN 55082 (p) 651.3351.4900
bmueller@ci.stillwater.mn.us
Brian Bierdeman, Chief of Police Maplewood Police Department 1830 County Road B East
Maplewood, MN 55109
(p) 651.249.2600 brian.bierdeman@maplewoodmn.gov Brian Sturgeon, Chief of Police
City of West St. Paul
1616 Humboldt Avenue West St. Paul, MN 55118 (p) 651.552.4201 bsturgeon@wspmn.gov
Brad Martens, City Manager City of Shoreview 4600 Victoria Street North Shoreview, MN 55126
(p) 651.490.4611
bmartens@shoreviewmn.gov
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VI. FEES
We propose a fixed monthly retainer of $2,500 ($30,000 annually). The retainer would include all
fees and expenses associated with prosecution work, including process server fees, transcript fees,
court filing fees, postage, copies and printing costs, online legal research, mileage, advice, training,
consultation, office hours, training, court appearances, code enforcement (to include
administrative hearings), appeals, and forfeitures. The intent of this proposal is for all prosecution-
related fees and expenses1 to apply to the monthly retainer so that the City is able to budget for its
maximum out-of-pocket expenditures related to prosecution without any surprises or hidden costs.
We commit to keeping this rate in place for calendar years 2023, 2024, and 2025. Subsequent to
CY2025, we anticipate annual inflationary adjustments of approximately 2%, subject to
negotiation and approval by the City.
We have found that a fixed retainer agreement is mutually beneficial because it eliminates the
stress that can develop if law enforcement officers or administrative staff have legal questions but
are concerned about incurring legal fees when contacting the attorney. Thus, a retainer fee structure
encourages open and frequent communication between the law enforcement agency, the City, and
its attorneys and also allows for ease when the City is preparing its annual budget.
We track attorney time at the hourly rate of $120.00 and $90.00 for work performed by law clerks
or paralegals. The firm tracks the time in one-tenth of an hour increments (but can track time in
any increment requested by the City) and invoices the City at the end of each month. We track
attorney and paralegal time using the TABS‐3 practice management system, which tracks time and
generates bills to clients which state the date services were performed, the attorney or staff
providing the services, a description of each item and the time spent. We will deliver any level of
detail for line items as requested by the City. For example, one of our current prosecution cities
prefers a basic description such as “prepare for and attend pre-trials” whereas another city asks us
to list not only the type of calendar but also the name and specific charge for each case. We work
together with our cities to ensure that they receive all requested information. We strive to make
every effort to supply invoices and billing statements that meet our client’s accounting and
budgeting needs.
Our experience and passion for prosecution enables us to provide high-level prosecution services
to the City at a competitive cost. If selected, we would leverage the economies of scale from current
1 The City is not billed separately for fees related to appeals, expungements, administrative citations, dangerous or potentially dangerous dog proceedings, matters relating to the issuance of firearms permits, matters relating to the Minnesota Government Data Practices Act, or prosecution of code violations. In addition, Kelly & Lemmons does not retain proceeds from the sale of
forfeited vehicles; instead, 100% of forfeiture proceeds go to the City. Likewise, we do not pass-
through costs for online legal research, photocopies, postage, mileage, transcripts, or conflict attorneys’ fees and costs.
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municipal prosecution to allow us to efficiently and cost-effectively prosecute for the City of
Falcon Heights.
VII. CONCLUSION
Kelly & Lemmons is excited to submit this proposal for prosecution services and eagerly
welcomes the opportunity to establish a long-term relationship with the City of Falcon Heights.
While any firm submitting a response to the City’s request for proposals is likely qualified to
perform the work, we believe we are uniquely positioned to provide the requested prosecution
services efficiently and with exceptional performance. If the City would like additional
information related to the specifics of this proposal, please do not hesitate to contact me.
Respectfully submitted,
KELLY & LEMMONS, P.A.
/s/ Joseph A. Kelly Joseph A. Kelly
1
JOSEPH A. KELLY
ATTORNEY AT LAW
2350 Wycliff Street, Suite 200
St. Paul, MN 55114
(651) 224-3781
jkelly@kellyandlemmons.com
LEGAL EXPERIENCE
KELLY & LEMMONS, P.A. St. Paul, MN Shareholder, 2015-Present
Associate Attorney, 2008 – 2014 Law Clerk, 2005-2008
• Shoreview City Attorney; frequent lecturer and presenter on veteran specific laws.
• Prosecutor for multiple cities in Ramsey, Washington, and Dakota Counties
• Represented multiple unions for Labor Arbitrations and negotiations,
• Employment Law, Municipal Law, Real Property, and Land Use/Zoning; SOUTHERN MINNESOTA REGIONAL LEGAL SERVICES St. Paul, MN Certified Student Attorney, 2008 • Assigned clients and worked housing cases including trial work
MILITARY EXPERIENCE
MINNESOTA ARMY NATIONAL GUARD Brainerd, MN June 2018 – Present
• S3 (Major) - Responsible for planning and executing training and operations for a
Combined Arms Battalion.
MINNESOTA ARMY NATIONAL GUARD Bloomington, MN
September 2017 – May 2018
• Operations Officer – Officer in Charge of Current Operations for an Armor Brigade
Combat Team.
• Ran battle tracking staff, compiled plans, and issued orders. UNITED STATES ARMY Forward Operating Base North, Egypt July 2016 – July 2017
• Company Commander- Commander of Mounted Quick Reaction Force and Based
Defense for northern half of Sinai Peninsula in support of Multinational Force and
Observers mission. Was the senior US Commander on FOB North. MINNESOTA ARMY NATIONAL GUARD Rochester, MN October 2014 – September 2017
• Company Commander of over 130 infantry men. Responsible for the training, welfare,
and execution of infantry and related missions to include emergency response.
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MINNESOTA ARMY NATIONAL GUARD Mankato, MN October 2012 – October 2014
• Assistant S3 – Responsible for planning and tracking training and missions for an
Infantry Battalion. Battalion OIC for any state of emergency for coordination with
local, state, and federal officials. UNITED STATES ARMY Camp Buehring, Kuwait July 2011 – May 2012
• Sniper Platoon Leader – Organize, plan, train and execute sniper missions. Trained 11
new and 7 sniper qualified personnel on sniper tactics, employment and operation.
• Brigade COIN OIC (February 2012) – Selected to be the OIC of 28 personnel ranking
from Staff Sergeant to Major. Responsible for the transportation, housing, safety and
planning for movement and training from Kuwait to Camp Julien Afghanistan. MINNESOTA ARMY NATIONAL GUARD St. Paul, MN/Ft. Benning, GA
2007 – 2011
• Light Infantry Platoon Leader – Responsible for training, management and leading 38
personnel. Planned, trained and executed Infantry Platoon missions.
• Heavy Weapons Company Executive Officer – Responsible for supply management and
readiness of an 89 person Infantry Heavy Weapons Company.
EDUCATION
Mitchell Hamline College of Law St. Paul, MN Juris Doctor, May 2008
Honors: Dean’s List, Trustee Scholar
Arizona State University Tempe, AZ Bachelor of Arts, May 2005
Major: Sociology
Honors: Dean’s List
BAR ADMISSIONS
State of Minnesota
United States District Court, District of Minnesota
Eighth Circuit Court of Appeals
HONORS
Power 30, 2021
Minnesota Lawyer Magazine
Up and Coming Attorney, 2017
Minnesota Lawyer Magazine
Veterans Voices Award, 2015
Minnesota Humanities Center
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Outstanding Metro Area Prosecutor
Mothers Against Drunk Driving
Rising Star, 2012, 2015-21
Minnesota Law & Politics
MILITARY HONORS/AWARDS
General Douglas MacArthur Leadership Award, 2016 Expert Infantryman Badge
Ranger Tab Pathfinder Badge
Air Assault Badge Army Commendation Medal, Army Achievement Medal (x2),
National Defense Service Medal Global War on Terrorism Expeditionary Medal
Global War on Terrorism Service Medal Armed Forces Reserve Medal with Mobilization Device
Reserve Component Achievement Medal Army Service Ribbon
Overseas Service Ribbon Minnesota Service Ribbon (x2)
Expert Marksmanship Badge – M4 Rifle, M9, M110, M24, M107
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KEVIN M. BECK
ATTORNEY AT LAW
2350 Wycliff Street, Suite 200
St. Paul, Minnesota 551174
(651) 224.3781
kbeck@kellyandlemmons.com
LEGAL EXPERIENCE
KELLY & LEMMONS, P.A. Saint Paul, MN
Shareholder, 2015 - Present
Associate Attorney, 2008 – 2014
Law Clerk, 2006-2008
• Represent multiple cities in Ramsey, Washington, and Dakota Counties in misdemeanor
and gross misdemeanor criminal prosecutions. Oversee all aspects of petty
misdemeanor, misdemeanor, and gross misdemeanor prosecution cases, from charging
through trial and appeal.
• Advise public and private labor Unions on collective-bargaining rights and obligations;
represent Unions in litigation and grievance arbitration hearings.
• Represent veterans to enforce their rights under Minnesota’s Veterans Preference Act.
• Manage various types of civil litigation files, plaintiff and defense, from drafting
complaint/answer, to discovery and motion work, through verdict and appeals.
• Advise cities and townships on local government legal issues, including negotiating and
drafting contracts, providing statutory interpretation of legal requirements, and
zoning/development issues.
• Advise corporations and individuals on transactional matters, ranging from employment
issues, to contractual interpretation/drafting, to property acquisition, and regulatory
compliance.
EDUCATION
MITCHELL HAMLINE COLLEGE OF LAW Saint Paul, MN
Juris Doctorate, May 2008
CARLETON COLLEGE Northfield, MN Bachelor of Arts, June 2005
Major: Economics
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BAR ADMISSIONS
State of Minnesota
State of Utah
United States District Court, District of Minnesota
United States District Court, District of Utah
Eighth Circuit Court of Appeals
HONORS
Rising Star, 2012-2018, 2021-2022
Super Lawyers
Outstanding Metro Area Prosecutor, 2014
Mothers Against Drunk Driving
PRESENTATIONS
• National Federation of State High School Associations, Summit and Legal Meeting,
Sportsmanship and Disqualification in Championships (Indianapolis, IN 2022)
• Minnesota Teamsters Local 320 Steward Workshop, Know Your Rights (Bloomington,
MN 2019-21)
• National Federation of State High School Associations, Summit and Legal Meeting, Title
IX Case Update (Indianapolis, IN 2019)
• 2017 Upper Midwest Employment Law Institute, Veterans and Public Employment,
Part II (St. Paul, MN 2017)
• Teamsters Local No. 346 Steward Seminar, Consequences of Off-Duty Conduct and
Social Media (Duluth, MN 2016)
• Minnesota Teamsters Law Enforcement League, Legal Updates for Law Enforcement
Officers (Minneapolis, MN 2015)
• Minnesota Teamsters Law Enforcement League, Legal Updates for Law Enforcement
Officers (Carlton, MN 2015)
• Minnesota Interscholastic Athletic Administrators Association 45th Annual Conference,
Keynote Address: Legal Issues, Transfers, Transgender, and Gift Ban (St. Cloud, MN
2015)
• Minnetonka Institute for Leadership – Athletic Directors’ Institute, Safeguarding your
Leadership: How to utilize state and federal law, recent case law and best practices of
student and staff investigations (Minnetonka, MN 2014)
• Teamsters Joint Council 32 Summer Quarterly Meeting, Collective Bargaining Strategies (Breezy Point, MN 2014)
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KRISTINA J. BORGEN
ATTORNEY AT LAW
2350 Wycliff Street, Suite 200
St. Paul, Minnesota 551174
(651) 224.3781
kborgen@kellyandlemmons.com
LEGAL EXPERIENCE
KELLY & LEMMONS, P.A. Saint Paul, MN
Attorney, January 2022 - Present
• Misdemeanor prosecutor for cities in Ramsey, Washington, and Dakota Counties.
• Criminal defense attorney representing clients from traffic violations to major felonies.
BRADSHAW & BRYANT, PLLC Golden Valley, MN
Trial Attorney, 2017-2021
• Criminal defense attorney responsible for all criminal files from initial charging to trial.
10TH DISTRICT PUBLIC DEFENDER
Assistant Public Defender, 2020-January 2022 Stillwater, MN
• Represent indigent individuals charged with criminal offenses throughout the Tenth
Judicial District
BORGEN LAW OFFICE St. Cloud, MN
Solo Practitioner, 2016-2017
• Practiced primarily in criminal defense.
• Provided contract work for the State Public Defender.
7TH DISTRICT PUBLIC DEFENDER Bemidji, MN
Assistant Public Defender, 2014-2017
• Aggressively and professionally represented indigent clients charged with offenses
ranging from traffic violations to felonies.
BARTHOLOMEW LAW OFFICE Hudson, MN
Associate Attorney, 2011-2014
• Litigation attorney with a focus in family law, criminal defense, and personal injury.
• Contract prosecutor for the Village of North Hudson.
• Certified Guardian Ad Litem
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EDUCATION
MITCHELL HAMLINE COLLEGE OF LAW Saint Paul, MN
Juris Doctorate, May 2011
• Cum laude
MINNESOTA STATE UNIVERSITY, MANKATO Mankato, MN
Bachelor of Arts, May 2005
Major: Corrections/Law Enforcement
• Magna Cum Laude
• Division I Ice Hockey
• WCHA All-Academic Team 2005-06; 2006-07; 2007-08
BAR ADMISSIONS
State of Minnesota
State of Wisconsin (inactive)
United States District Court, District of Minnesota
HONORS
Rising Star, 2020-2022
Super Lawyers
Top 40 Under 40, 2019, 2021
National Trial Lawyers
10 Best Attorneys – Minnesota, 2021
American Institute of Criminal Law Attorneys
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REBECCA L. DUREN
ATTORNEY AT LAW
______________________________________________________________________________
2350 Wycliff Street, Suite 200
St. Paul, MN 55114
(651) 224-3781
rduren@kellyandlemmons.com
LEGAL EXPERIENCE
KELLY & LEMMONS, P.A. St. Paul, MN Shareholder, 2021-Present
Associate Attorney, 2019-2021
• Handle all aspects of petty misdemeanor, misdemeanor and gross misdemeanor criminal
prosecution for the cities of West St. Paul, Maplewood, Little Canada, Shoreview, Arden Hills,
North Oaks, and Stillwater
• Advise clients in criminal investigations including officer involved shootings
• Represent unions in the grievance arbitration process
• Panel Attorney, MPPOA Legal Defense Fund
LESCH & DUREN, LLC St. Paul, MN
Attorney at Law, 2015-2018
• Represent clients in serious felony criminal matters including criminal sexual conduct and
homicide
RAMSEY COUNTY PUBLIC DEFENDER’S OFFICE St. Paul, MN
Assistant Public Defender, 2017-2019
• Represent indigent clients on misdemeanor and felony matters on a from arraignment
through jury trial
• Manage a high volume and cases and maintain client relationships
FIFTH JUDICIAL DISTRICT Worthington, MN
Assistant Public Defender, 2013-2015
• Represent indigent clients on juvenile, CHIPS, probation, misdemeanor and felony
matters
• Adapt to working in multiple counties including: Murray, Nobles, Rock, Pipestone, and
Cottonwood Counties
• Work with a culturally diverse clientele frequently requiring the use of interpreters
including: Karen, Nuer, Lao, Tigranian and Spanish
• Attended 2014 Minnesota Public Defender Trial School
RAMSEY COUNTY PUBLIC DEFENDER’S OFFICE St. Paul, MN Certified Student Attorney, 2011-2012
• Interview clients, inform them of their Constitutional Rights, and provide legal advice to
assist client in either resolving their case or preparing for another court appearance
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EDUCATION
MITCHELL HAMLINE COLLEGE OF LAW St. Paul, MN Juris Doctor, May 2012
Activities: Minnesota Justice Foundation, Study Abroad (London, June 2010), Marshall
Brennan Fellow
Honors: Dean’s List (2011& 2012), Public Service Distinction (over 150 community service
hours)
St. Olaf College Northfield, MN
Bachelor of Arts, May 2009
Major: Political Science
Concentration: Economics
Study Abroad: Changing Political Identities in Coastal Central Europe, January 2009 BAR ADMISSIONS
State of Minnesota
United States District Court, District of Minnesota
HONORS
Certified Criminal Law Specialist
Minnesota State Bar Association, 2019-present
Up & Coming Attorney, 2016
Minnesota Lawyer Magazine
Rising Star, 2019-22
Super Lawyers
0009
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MARTIN H.R. NORDER
Attorney at Law
2350 Wycliff Street, Suite 200
Saint Paul, MN 55114
(651) 224-3781
mnorder@kellyandlemmons.com
LEGAL EXPERIENCE
KELLY AND LEMMONS, P.A. Saint Paul, MN
Shareholder, 2018-Pressent
Associate Attorney, 2013-17
• Criminal prosecution for cities of Little Canada, Shoreview, Arden Hills, North Oaks,
Maplewood, West St. Paul, and Stillwater o Appointed as special prosecutor by City of Shorewood
• Represent labor Unions in litigation and grievance arbitration hearings.
• Represent private clients in various types of civil litigation.
• Represent municipalities and townships on local government legal issues and litigation.
HONORABLE LEZLIE OTT MAREK, RAMSEY COUNTY DISTRICT COURT Saint Paul, MN
Judicial Law Clerk, 2011-2013
• Perform legal research in the preparation of memoranda, opinions, or orders for judge
concerning cases before the court.
• Confer with judge concerning legal questions and granting of orders.
• Prepare briefs and legal memoranda, including appropriate suggestions or
recommendations to the judge.
HONORABLE MICHAEL T. DECOURCY, RAMSEY COUNTY DISTRICT COURT Saint Paul, MN
Judicial Law Clerk, 2009-2010
• Perform legal research in the preparation of memoranda, opinions, or orders for judge
concerning cases before the court.
• Confer with judge concerning legal questions and granting of orders.
• Prepare briefs and legal memoranda, including appropriate suggestions or
recommendations to the judge.
0010
2
EDUCATION
UNIVERSITY OF SAINT THOMAS SCHOOL OF LAW Minneapolis, MN
Juris Doctor, May 2008
Honors & Activities: Dean’s Scholarship, Peer Mentor, Founding Member UST Law Hockey Team
UNIVERSITY OF SAINT THOMAS SCHOOL OF LAW Minneapolis, MN
Bachelor of Arts, May 2004, cum laude
Major: Business Management and Leadership
Minor: Spanish
Honors & Activities: Dean’s List (4 semesters), Aquinas Scholar Program, Management Club
BAR ADMISSIONS
• State of Minnesota
• United States District Court, District of Minnesota
HONORS & ASSOCIATIONS
Outstanding Metro Area Prosecutor, 2017
Mothers Against Drunk Driving
Ramsey County Bar Association
Board of Directors, Member
Youth and the Law Committee Co-Chair
Golf Tournament Committee Co-Chair
Ramsey County Criminal Justice Coordinating Council
Suburban Prosecutor Representative
0011
1
RACHEL SWENSON
ATTORNEY AT LAW
2350 Wycliff Street, Suite 200
St. Paul, Minnesota 551174
(651) 224.3781
rswenson@kellyandlemmons.com
LEGAL EXPERIENCE
KELLY & LEMMONS, P.A. Saint Paul, MN
Associate Attorney, 2019-Present • Research and advise clients on wide range of legal issues, including municipal, criminal, employment, and labor. • Draft legal briefs and memoranda related criminal law and procedure, due process,
reasonable accommodations, and appellate work. • Prepare and file corporate organizational documents.
TENTH JUDICIAL DISTRICT Center City, MN Supreme Court Appeal Panel (SCAP) Law Clerk, July 2018 – 2019
• Conduct legal research and draft orders for the Chief Judge of the Supreme Court
Appeal Panel on petitions for reduction in custody of persons civilly committed to the Minnesota Security Hospital and Minnesota Sex Offender Program • Respond to requests from parties; attend hearings and phone conferences; coordinate
with the Panel
FIRST JUDICIAL DISTRICT Hastings, MN Law Clerk to the Honorable M. Michael Baxter, January 2016 – June 2018
• Advised Judicial Officers in decision-making based upon applicable rules and laws • Performed legal analysis and drafted orders in the areas of civil, criminal, and family law • Managed judicial calendar; worked cooperatively with attorneys, court staff, and other stakeholders; responded to inquiries from self-represented litigants
RASMUS LAW OFFICE Minneapolis, MN Project Attorney, October 2013 – February 2014
• Drafted memoranda, demand letters, wills, pre-mediation letters, and other civil practice documents
• Researched various legal issues pertaining to civil cases under time-sensitive deadlines
ROBINS, KAPLAN, MILLER & CIRESI Minneapolis, MN, Project Attorney, 2011
WHITE BEAR LAKE CITY ATTORNEY White Bear Lake, MN Certified Student Attorney, January 2010 – May 2010
• Represented City in misdemeanor and gross misdemeanor prosecution cases
0012
2
MILITARY EXPERIENCE
MINNESOTA ARMY NATIONAL GUARD St. Paul, MN
November 1998 – November 2010 • Staff Sergeant/E-6, Certified Human Resources Non-commissioned Officer • Security Analyst/Emergency Management Non-commissioned Officer • Executive Administrative Assistant to the Commanding General (Deployed)
EDUCATION
Mitchell Hamline School of Law St. Paul, MN
Juris Doctor, magna cum laude, May 2010
Honors: Dean’s List; CALI Award, Contracts, Estates and Trusts Survey
Activities: William Mitchell Fellows Program; Rosalie Wahl Moot Court Competition;
American Association for Justice
Volunteer Work: Conflict Resolution Center; Project Homeless Connect
University of Minnesota – Twin Cities Minneapolis, MN Bachelor of Arts, summa cum laude, May 2001
Major: Sociology of Law, Crime, and Deviance
BAR ADMISSIONS
State of Minnesota
0013
1
ASHLEY JONES TURNER
ATTORNEY AT LAW
2350 Wycliff Street, Suite 200
St. Paul, Minnesota 551174
(651) 224.3781
aturner@kellyandlemmons.com
LEGAL EXPERIENCE
KELLY & LEMMONS, P.A. Saint Paul, MN
Attorney, May 2022 - Present
• Represent cities in misdemeanor proceedings in Ramsey, Washington, and Dakota
Counties.
• Represent clients in various real property matters, including boundary line disputes,
drafting deeds, and land sale transactions.
KELLY & LEMMONS, P.A. Saint Paul, MN
Legal Assistant, 2020 – April 2022
• Misdemeanor prosecutor for cities in Ramsey, Washington, and Dakota Counties.
• Criminal defense attorney representing clients from traffic violations to major felonies.
ASHLEY JONES TURNER LAW Marion, IN
Solo Practitioner, 2015-2016
• General practice attorney with a focus in family and criminal law.
NATALIE CONN LAW OFFICES, LLC Marion, IN
Solo Practitioner, 2014-2015
• General practice attorney with a focus in family and criminal law.
EDUCATION
UNIVERSITY OF NORTH DAKOTA Grand Forks, ND
Juris Doctorate, May 2013
• Treasurer Public Interest Law Association
• Law Women’s Caucus
• Best Respondent’s Brief, UND School of Law Moot Court 2012
NORTH DAKOTA STATE UNIVERSITY Fargo, ND
Bachelor of Science, May 2010
Major: Political Science
Minor: Spanish
0014
2
BAR ADMISSIONS
State of Minnesota
State of Indiana (inactive)
AFFILIATIONS AND MEMBERSHIPS
True Friends Operations Board Member, Chair of the Governance Committee
0015
BLANK PAGE
REQUEST FOR COUNCIL ACTION
Families, Fields and Fair __________________________
The City That Soars!
Item Climate Emergency Resolution
Description
Many cities around the state have adopted Climate Action Plans addressing the
pressing issues of climate change.
At the July 6th Workshop, the City Council directed the Environment Commission to
revise the Climate Emergency Resolution. Specifically, it was requested to include:
• An acknowledgement of the City’s ongoing efforts and leadership in the area
of climate commitment
• Not commit the City to completing a Climate Action Plan, but to explore it.
This was requested due to the unknown costs of a Climate Action Plan.
The Environment Commission reviewed the feedback at their October meeting, and
approved the attached resolution at their November meeting.
If the resolution is agreeable to the City Council, it will be included on the January
11th City Council agenda.
Budget
Impact
N/A
Attachment(s) • Resolution 23-01 – Declaring A Climate Emergency
Action(s)
Requested
Provide staff direction whether to include the Environment Commission’s approved
resolution on a future City Council agenda for approval.
Meeting Date January 4, 2023
Agenda Item Policy C3
Submitted By Jack Linehan, City Administrator
CITY OF FALCON HEIGHTS
COUNCIL RESOLUTION
XXX
No.
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RESOLUTION DECLARING A CLIMATE EMERGENCY AND
THE COMMITMENT OF FALCON HEIGHTS TO TAKE ACTION
WHEREAS, the climate crisis is not only a future issue — it is affecting us here and now in
Falcon Heights. Our city has recently experienced numerous climate change related impacts
including a record June heatwave, dangerous air quality from drought-fueled forest fires, and
water restrictions from the same drought. In fact, the ten warmest and wettest years ever
recorded in Minnesota have all occurred since 1998. Impacts like warming surface waters are
leading to a significant loss of fish habitats in our lakes as well as increasing the risk of harmful
algae blooms, and our forests are changing as native northern species are strained by warming
temperatures; and
WHEREAS, extreme weather will bring greater challenges to the local infrastructure of Falcon
Heights, imposing escalating economic burdens on our residents and businesses; crops are
stressed by cycles of drought and floods, home insurance rates are rapidly rising, costing
homeowners an extra $1000 on average in 2015 compared to rates in 1998, and faster warming
winters are leading to new pests as well as shorter winter recreation seasons; and
WHEREAS, the greatest burden from an inadequate response to the climate crisis is most
immediately experienced by historically marginalized or underserved communities, due to the
lasting impact of segregation, the close proximity to pollution sources, and the lack of resources
to deal with such challenges; and
WHEREAS, the failure to act will lead to the inheritance of these hardships to the youngest
generation, including the children and grandchildren of Falcon Heights; and
WHEREAS, the bipartisan Next Generation Energy Act, passed by the Minnesota State
Legislature and signed by then-Governor Tim Pawlenty in 2007, committed our state to
achieving an 80% reduction in greenhouse gas (GHG) emissions by 2050 and with interim
goals of 15% and 30% below 2005 GHG emissions levels by 2015 and 2025, respectively, with
cities being key drivers of achieving these goals; Minnesota did not meet the 2015 target and is
not on track to reach our future targets; and
WHEREAS, world leaders from 175 countries, including the United States, following the
guidance of the Intergovernmental Panel on Climate Change, recognized the threat of climate
change and the urgent need to combat it by signing the 2015 Paris Agreement, agreeing to
“pursue efforts to limit the temperature increase to 1.5 degrees Celsius”, which would require
emissions to be halved by 2030 and reaching net-zero or net negative carbon emissions by 2050;
and
WHEREAS, due primarily to human activities we have already reached a temperature increase
of nearly 1.19 degrees Celsius (nearly 2.14 degrees Fahrenheit) as compared to pre-industrial
times and the death and destruction already wrought by this level of global warming
demonstrates that the Earth is already too hot for safety and justice, as attested by increased and
intensifying wildfires, floods, rising seas, diseases, droughts, and extreme weather; and
WHEREAS, a transition to a clean energy economy, if not carefully planned, would have a
disruptive economic and social impact for many in our community while a well-planned
transition may provide expanded job opportunities for local residents, improve local air quality,
quality of life, and provide economic stability; and
WHEREAS, to focus attention on the need for rapid action to address climate change, 2,012
jurisdictions in 34 nations have already declared climate emergencies, including19 cities across
Minnesota, led by Duluth, Minneapolis, and Saint Louis Park, and report that acting together,
connecting to a larger statewide effort is empowering; and
WHEREAS, climate action planning is currently underway in Ramsey County, the MET
Council, the University of Minnesota, including the portion of the campus in Falcon Heights,
and by many other units of local government in the Twin Cities; and
WHEREAS, Falcon Heights has long been a leading City in adopting environmental policies
and projects, such as becoming a GreenStep City in 2009, putting a 40kw solar panel on City
Hall in 2012, establishing a bike and pedestrian path on Fairview Avenue, creating a community
garden, adopting a nature plant ordinance, replacing street lighting with efficient LEDs and
more; and
NOW THEREFORE BE IT RESOLVED that the City of Falcon Heights declares that a
climate emergency threatens our city, region, state, nation, humanity, and the natural world. The
City commits to working for a just transition and climate emergency mobilization effort by
moving forward to consider a City Climate Action Plan (CAP) with input from the residents,
businesses and non-profit entities in our community and in coordination with the partners that are
also working on developing or implementing climate action plans in our community.
LET IT BE FURTHER RESOLVED the city will utilize the 2040 Comprehensive Plan,
Resiliency Plan, and any other pre-created resources to act as a foundation for the CAP. The city
may employ professional planning consultation and shall garner community input and
involvement in the development of the CAP. The Environment Commission will review further
action in support of the climate action plan and report to the council through the council liaison.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Moved by: Approved by:
Randall C. Gustafson
Mayor
GUSTAFSON In Favor Attested by:
LEEHY Jack Linehan
MEYER
WASSENBERG
WEHYEE
Against City Administrator
BLANK PAGE
REQUEST FOR COUNCIL ACTION
City of Falcon Heights, Minnesota __________________________
Item Proposed 2023 City Fee Schedule
Description
Proposed changes to be discussed at the meeting. Staff is currently finalizing the
changes.
Budget Impact N/A
Attachment(s) • Proposed 2023 City Fee Schedule (Handout at the Workshop)
• Rate Comparison Survey
Action(s)
Requested
Provide feedback on the proposed updates to the fee schedule prior to consideration
for approval at a meeting in January.
Meeting Date January 4, 2022
Agenda Item Policy C4
Attachment Rate Comparison Survey
Submitted By Jack Linehan, City Administrator
Business Licenses City of Falcon Heights City of Littile Canada City of Roseville City North St. Paul
Bus Benches $50 per bench N/A same $70 per bench Gasoline Station Operator $200/base plus $20/pump Gasoline stations $186 - Gas Pumps $186 $85 plus $15 per nozzleLess than 15 hours $100
15-20 hours $40020 hours or more $500Muncipal Business10,000 sq. ft or less $100 N/A N/A N/A
10,000 sq. ft or more $200 N/A N/A N/APool Hall $800 N/A N/A N/APrecious Metal DealerInvestagation fee/general $1,500 N/A N/A N/AInvestagation fee/MN only $500 N/A N/A N/ALicense fee $2,000 N/A $3,000 N/AResturant
Lunchroom $50 N/A N/A N/ALess than 15 hours $100 N/A N/A N/A15-20 hours $400 N/A N/A N/A20 hours or more $500 N/A N/A N/A
Therapeautic Massage LicenseInvestagation fee $350 $300 - prinipal use $100 - accessory use (massage therapy individual $75)Massage Therapist $125 New $2,000; renewal $150License fee $100 $325 N/AHome Occupation License $50 N/A N/A N/ARetail Grocery License $50 N/A N/A N/AHoliday Tree Sales License $50 N/A N/A $75Car Wash License $50 N/A N/A N/A
Amusement machines (per machine)$30 $15 base plus $15 per device N/A N/ACigarette sales $250 $250 - full year /$125 - half year $200 $300Contractor License $35 $50 N/A $70Peddlers and solicitorsFor profit $25 per person $50 $75 Per Company $100; Per Employee $75ChartiableFree but license still required N/A N/A N/APool tables (per table)$30 N/A N/A N/A
Refuse Haulers $100 $150 $125 $220Low-Density Rental License $50 per unit $60 entire property Administrative fee (per unit) $100; Registration fe Initial Registration $150; Annual Registration $100High-Density Multifamily Rental License $50 base fee $102; per unit $15 Initial Registration $200; Annual Registration $1505-19 units per building $150 Duplex/Triple $60/bldg. + $10/unit20-49 units per building $200 Condominium $60/unit50- 99 units per building $250 4-plex/multi-unit building $105/bldg. + $10/unit100 + units per building $300
Re-inpsection (due to initial failure)$50 $105 mulit-family $75; single family $50
Liquor Licenses City of Falcon Heights City of Littile Canada City of Roseville City of North St. PaulBottle club $300 N/A N/A N/A
Liquor, Off-Sale $310 same $300 $200Liquor, On-Sale $4,000 $5,284 $7,000 $5,000Liquor, Special Event $25 N/A N/A $300
Liquor, Sunday $200 same same sameMalt Beverage, Off-Sale $150 N/A N/A $200
Malt Beverage, On-Sale $500 N/A N/A $150
Malt Beverage, On-Sale (with wine license)$1 N/A N/A N/AWine License $2,000 $763 75 seats or less $750 - 75 seats or more $1,500 $2,000
Temoprary Liquor License $50 $35 same $25Background Checks (per License)$500 N/A N/A N/AInvestagation fee/MN only $500 N/A $300 $500
Permits City of Falcon Heights City of Littile Canada City of RosevilleBuilding permit fees (Total Valuation)$1 - $500 $25 $29.50 $31$501 - $2,000 $25 for first $500, $3.25/each additonal $100, to and inluding $2000 $28 for first $500, $3.70/each additonal $100, to and inluding $2000 $31 for first $500; plus $4.00 fore each add'1 $100 value or fraction thereof$2,001 - $25,000 $73.75 for first $2,000, $14.75/each additonal $1,000, to and inluding $25,000 $83.50 for first $2,000, $16.55/each additonal $1,000, to and inluding $25,000 $83.50 for first $2,000; plus $16.55 fore each add'1 $1,000 value or fraction thereof$25,001 - $50,000 $413 for first $25,000, $10.75/each additonal $1,000, to and inluding $50,000 $464.15 for first $25,000, $12/each additonal $1,000, to and inluding $50,000 $464.15 for first $25,000; $12.00 fore each add'1 $1000 value or fraction thereof$50,001 - $100,000 $618.75 for first $50,000, $7.50/each additonal $1,000, to and inluding $100,000 $764.15 for first $50,000, $8.45/each additonal $1,000, to and inluding $100,000 $764.15 for first $50,000; $8.45 fore each add'1 $1000 value or fraction thereof$100,001 - $500,000 $1,056.75 for first $100,000, $6/each additonal $1,000, to and inluding $500,000 $1,186.65 for first $100,000, $6.75/each additonal $1,000, to and inluding $500,000 $1,186.65 for first $100,000; $6.75 fore each add'1 $1000 value or fraction thereof$500,001 - $1,000,000 $3,456.75 for first $500,000, $5/each additonal $1,000, to and inluding $1,000,000 $3,886.65 for first $500,000, $5.50/each additonal $1,000, to and inluding $1,000,000 $3,886.65 for first $500,000; $5.50 fore each add'1 $1000 value or fraction thereof$1,000,001 and up $5,956.75 for first $1,000,000, $4/each additonal $1,000 $6,636.65 for first $1,000,000, $4.50/each additonal $1,000 $6,636.65 for first $1,000,000; $4.50 fore each add'1 $1000 value or fraction thereofOther Inspections and fees:Inspections outside normal business hours (minimum two hours)$47 per hour $50.50 $70 per hourRe-inspection fees assessed under provision of Section 305.8 $47 per hour N/A $70 per hourInspections for which no fee is specifically indicated (minimum charge - one half hour)$47 per hour N/A $70 per hourAddintional plan review required by changes, additions or revisions to plans (minimum charge - one half hour)$47 per hour 25% of normal building permit $70 per hourRelocation of structure or building $150 N/A N/ADemolition or removal of stucture $1.25/1,00 cubic ft; minimum $50 Fee based on valuation Tenant improvement/remodeling $75; Structures not connected to utilites $96; Structures connected to city untilites: residential $163; Structures connected to city utuilies: commercial $425Residential solar installationFlat fee $200 N/A 1.28% of job cost or $160 minimum feeState surcharge $1 N/A N/AMechanical permit fees - Residential Work Base fee $30 N/A N/AState surcharge $1 same N/AFurnace/boiler $60 new, $30 replacement, $20 unit heaters $75 new, $55 replacemnet, $35 unit heaters $61 new or replacementAir conditioning refrigeration $40 new and $25 replacement $55 new and $35 replacement $61 new or replacementOther items Gas line/piping $25 $35 For new construction 1.28% of job cost plus $61Duct work $30 $40 N/AWood burning furance per unit $35 N/A N/ASwimming pool heater per unit $35 $40 $61 new or replacementAir exchanger with duct work per unit $25 $45 N/AGas or oil space heater per unit $25 $35 N/AGas direct vent heater per unit $25 N/A N/AGas fireplace log or heater per unit $25 N/A $61Gas hot water heater for domestic hot water $25 N/A $61Commercial Work $50 plus 1.25% of the total valuation $60 base fee plus 1.50% of the total valuation 1.28% of job cost plus $61Plumbing permit fees $30 base fee plus $7 per fixture, $1 state surcharge $35 base fee plus $10 per fixture, $1 state surcharge $61 base fee; $10 for each fixture openingRight of Way Permit FeesRegistration fee $25 $200 N/AHole $150 N/A $400 per hole Trench $150 + $40 per 100 lineal ft or portion thereof N/A $400 + $0.40/lineal foot of trench Boring $150 + $40 per 100 lineal ft or portion thereof N/A $400 + $0.40/lineal foot of trench Obstuction $50 + $0.06 per lineal ft N/A $50 + $0.06/lineal foor Small Cell WirelessPermit Fee $100 N/A N/ARent on City structure $150 per year N/A N/AMaintenance for colocation (monthly electrical services)$25 per year N/A N/ARadio node less than 100 watts $73 per month N/A N/ARadio node over 100 watts $182 per month N/A N/ASewer Connection or repair $50 N/A repair $61Water Connection (Meter Size)$96 (residential); $303 (commercial)3/4"$62 N/A1"$115 N/A1-1/2"$265 N/A2"$470 N/A3"$1,080 N/AStreet Opening $25 plus cost of permit N/A N/AZoning Permit Fence $40 $50 for 6 ft tall and under; $75 for over 6 feet tall $52Temorary Sign $30 $50 (Only good for 30 days)samePermanent Sign (each)$50 based on value $55 minimumResidential driveway $40 $50 up to 1500 SF and $100 over 1500 SF $55Commercial driveway subject to building permit fees $100 up to 50,000 SF and $100 plus SF over 50,000 x 0.002 N/AMobile Storage Structure/Dumpster PermitOn private property 14 days $10 N/A N/A30 days $20 N/A N/AOn public street72 hours $10 N/A N/AChicken Permit $50 N/A N/ABeekeeping Permit $50 N/A N/APlanning FeesComprehensive Plan Amendment $500 $1,000 $1,725Conditional Use Permit $500 $500 - Single Family and $750 - All others Residental $510; Commercial $775Design Review (when requied by code)$50 N/A N/ALot split (one lot into two)$500 N/A N/APlanned Unit Development $500 $1,500 $1,210Rezoning/Zoning Amendement $500 $1,000 $2,500 escrowSubdivision (>1 new lot)$500 + $100/lot created $500 - subdivision or lot line adjustment - 3 or less lots and $1,500 - subdivision or plat(4 or more lots)Varienace $500 $500 - single & two family and $750 - all others $360 (residential); $475 (non-residential)Tax increment finance (TIF)Application fee $5,000 $1,000 N/AEscrow $10,000 $10,000 N/A
Facility Rental Fees City of Falcon Heights City of Littile Canada City of Roseville City North St. PaulCommunity Park Building & Upper Picnic AreaHalf Day N/A N/A $105 resident; $145 non-resident (3 hours)N/AFull Day $150 + tax $160 resident; $210 non-resident $170 resident; $215 non-resident (5 hours)$150 resident; $200 non-resident (per day)
Picnic Areas
Half Day $20 + tax N/A N/A N/A
Full Day $30 +tax $60 resident; $110 non-resident N/A $50 resident; $65 non-resident (per day)Play Kit Rental $15 + tax N/A N/A N/ASet up/Tear down $25 N/A N/A N/ACouncil Chambers
3 hours $115 + tax N/A N/A N/A
Half Day $175 + tax N/A N/A N/A
Full Day $250 + tax N/A N/A N/APartial Council Chambers3 hours $50 + tax N/A N/A N/AHalf Day $100 + tax N/A N/A N/A
Full Day $150 + tax N/A N/A N/A
Kitchen Facility
3 hours $25 + tax N/A N/A N/A
Half Day $50 + tax N/A N/A N/AFull Day $50 + tax N/A N/A N/AConference Room3 hours $30 + tax N/A N/A N/A
Half Day $60 + tax N/A N/A N/A
Full Day $100 + tax N/A N/A N/A
Misc. Fees City of Falcon Heights City of Littile Canada City of Roseville City North St. Paul
Agendas $15/year N/A $10 N/A
City Council Minutes $35/year N/A N/A N/A
Commission Minutes $20/year N/A $15 N/A
New Resident Hanbook $10 printing fee N/A N/A N/A
Singles Copies $0.25 + tax/page for first 100 pages N/A N/A Same
Assessment Search $20 $10 $100 $30
Maps 6.50 $5 $100 N/A
Open Buning Permit $25 N/A $120 + $0.50 per required notice N/A
Returned Check Fee $25 N/A $30 N/A
Credit/Debt conveience fee 2.65% per transaction N/A N/A N/A
Fire False Alarms
First $0 $0 $0 $0
Second $175 $0 $0 $0
Third $300 $250 $300 $250
Fourth $400 $250 $400 $500
Fifth $500 $250 $500 $500
Security False Alarms
First $0 $0 $0 $0
Second $60 $0 $0 $0
Third $100 $50 same $250
Fourth $200 $50 same $500
Fifth $300 $50 same $500
Sixth $400 $50 same $500
Seventh $500 $200 same $500
Annual Residential Area Parking Permits
First two vehicles $15/vehicle N/A N/A N/A
Third and subsequent vehicles $25/vehicle N/A N/A N/A
Lost permit replacement $5 N/A N/A N/A
Temporary parking permit (up to 3 weeks)$3/vehicle N/A N/A N/A
Temp. parking permit for 5 or more vehicles for a one time/one event $25.00 N/A N/A N/A
Uniform parking fine $50/violation N/A N/A N/A