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HomeMy WebLinkAbout07/07/2008 Council Packet• • WORK SESSION AGENDA CITY OF LINO LAKES Monday, July 7, 2008 CITY COUNCIL WORK SESSION Community Room (not televised) 5:30 P.M. 1. Centennial Utilities Gas Franchise Fees - V. Reinert 2. Charter Amendment Public Information 3. Centennial Fire District funding formula 4. Work Session Budget Guidance 5. Town Center Update To follow in Weekly Update 6. Proposals for Legal Services 7. Xcel Utility Franchise Agreement 8. Goals and Objectives Quarterly Update 9. Amending Park Dedication Fees 10. Process for Cancellation of Regular Council meetings and Council Work Sessions (requested by Bergeson and Reinert) 11. Regular Council Meeting Agenda of July 7 Adjourn PAGE 1 Lino Lakes Public Services Department 600 Town Center Parkway Lino Lakes, MN 55014 (651) 982 -2440 Fax (651) 982 -2439 Memorandum To: Mayor Bergeson and City Council Members From: Rick DeGardner, Public Services Director Date: July 7, 2008 Re: Placement of the Lino Lakes Lions Message Board at Lake Drive and Town Center Parkway During the June, 2008 City Council work session, staff was directed to continue to work with the Lino Lakes Lions Club (LLLC) on the matter of placement of an illuminated message board. The LLLC has identified the intersection of Lake Drive and Town Center Drive (southeast quadrant) as the preferred site. Staff has identified the necessary steps to accommodate the proposed location: ❖ Letter of support from Mr. and Mrs. Moser - The LLLC has indicated that the Moser's are amenable with the proposed project and will have the Moser's submit a letter to the City stating this. • Anoka County Review - Proposed location falls within the safety sight triangle warranting Anoka County review. Anoka County does not have any major objections to the proposed location. City will need to apply for Right -Of -Way license when property conveyed to Anoka County (right -of -way acquisition with CSAH 23 Improvement Project). ❖ Rezone Property - Requires Planning and Zoning (including Public Hearing) approval and City Council approval (2 readings). Effective 30 days after publication. If PUD, need to also amend Town Center Guidelines to allow reader board signs (currently prohibited) and to allow another free standing sign on City Hall property (one allowed on City Hall property and one already exists). May also consider rezoning to PSP. ❖ Amend Sign Ordinance - Need to allow off - premises advertising (explained in more detail below). Also need to increase maximum dynamic display signs to 25 square feet. • Formulate policy related to acceptable content of messages. ❖ City Council and LLLC agree on financial arrangement. July 2, 2008 The purpose of the Sign Ordinance is to establish a comprehensive and balanced system of sign control that accommodates the need for a well- maintained, safe, and attractive community, and the need for effective communications including business identification. When developing the Sign Ordinance, two of the primary issues that were considered included traffic safety and aesthetics. This project will require that the Sign Ordinance be changed in two areas: • To allow off- premises signs ♦ To allow dynamic signs up to 25 square feet Off - premise signs are defined in our ordinance as "Advertising Signs ": a sign which directs attention to a business, commodity, service or entertainment not exclusively related to the premises where such a sign is located or to which it is affixed. These signs are prohibited in all zoning districts. If we were to change the Sign Ordinance to allow off - premises signage, we would have to decide where we're going to allow them and where they would be prohibited. This would need to be described by zoning district or geographic areas of the city, and cannot be only limited to city -owned property. The City recently underwent an extensive, in -depth process to address dynamic display signs: March 12, 2007 - Council approves 1 year moratorium on flashing, changeable signs March 12, 2008 - Planning and Zoning recommends approval (Public Hearing) April 14, 2008 - Council approves 2nd reading of Sign Ordinance Amendment including the addition of permanent regulations relative to dynamic display signs. Section IV — Dynamic Sign Regulation of the recently updated Sign Ordinance is as follows: Findings. Studies show that there is a correlation between dynamic displays on signs and the distraction of highway drivers. Distraction can lead to traffic accidents. Drivers can be distracted not only by a changing message, but also by knowing that the sign has a changing message. Drivers may watch a sign waiting for the next change to occur. Drivers are also distracted by messages that do not tell the full story in one look. People have a natural desire to see the end of the story and will continue to look at the sign in order to wait for the end. Additionally, drivers are more distracted by special effects used to change the message, such as fade -ins and fade -outs. Finally, drivers are generally more distracted by messages that are too small to be clearly seen or that contain more than a simple message. Time and temperature signs appear to be an exception to these concerns because the messages are short, easily absorbed, and become inaccurate without frequent changes. In addition to safety concerns, light pollution creates negative impacts, particularly in rural areas and residential neighborhoods of the community. The City has adopted regulations of exterior lighting intended to reduce Tight pollution. Dynamic displays are by nature very bright and often are installed on highway signs, many of which are in rural and residential areas in Lino Lakes. In conclusion, the city finds that any sign containing, in whole or in part, a dynamic display, except signs solely displaying 2 July 2, 2008 the time and /or temperature or similar, should not be allowed in any District except as otherwise set forth in this Ordinance. Discussions among city staff and LMCIT attorneys have raised several legal issues that will need further exploration /analysis. Some questions raised include: ♦ If the City chooses to allow off - premise signage (required to allow proposed project), the City can limit it to certain areas of the city or within certain zoning districts. However, limiting off- premise signage to only City owned property creates some legal concerns. Are residents /City Council prepared for additional off - premises signage? ♦ Allowing off - premise signage will allow almost anything to be advertised, including businesses located out of state, controversial political views, etc. We need to make sure residents and the City Council are aware of potential implications. ♦ The primary reasons the City Code prohibits dynamic signage is for traffic safety concerns and maintaining a pleasing aesthetic environment. If we are going to promote additional dynamic signs (by permitting off - premises signage), why do these concerns not apply? ♦ Will residents and the City Council be comfortable when additional dynamic signs are installed? (Major reason the Sign Ordinance was amended was to prohibit dynamic signs) ♦ We need to formulate a policy related to acceptable content of messages. What activities /announcements are appropriate and what messages must be permitted on a "public" message board? (Public Forum Analysis) For example, if someone requests the message "Vote NO on city referendum" be placed on the Community message board, must the City acquiesce? Do we advertise local businesses? If so to what extent (ie. grand openings, sponsors of Blue Heron Days, happy hours)? A policy will need to be formulated that will pass legal review. ♦ Any changes to the Sign Ordinance will have future repercussions. Staff wants to make sure the City Council understands the effects (legal and otherwise) of amending the Sign Ordinance to accommodate this project. Any action the City Council considers (ie. allowing dynamic displays along County Roads, permitting off -site signage, etc.) that abolishes the recent amendments to the Sign Ordinance should be done consciously and with much forethought. Since there are several significant issues that staff and LCMIT attorneys need to further investigate, we have removed this agenda item from the July work session and anticipate placing it on the August work session agenda. 3 WS — Item 1 WORK SESSION STAFF REPORT Work Session Item 1 Date: July 7, 2008 To: City Council From: Gordon Heitke Re: Centennial Utilities Gas Franchise Fees Background During the discussion of the proposed new Xcel Energy franchise agreement language regarding franchise fees, questions about the existing Centennial Utilities gas service franchise fees were raised by council members. It was agreed to invite Mr. Vern Reinert, Lino Lakes representative on the Centennial Utilities Commission, to attend the July 7, 2008 work session to explain and answer questions regarding the franchise fee. WS — Item 2 WORK SESSION STAFF REPORT Work Session Item 2 Date: July 7, 2008 To: City Council From: Mary Alice Divine Re: Charter Amendment Public Information Background A Lino Lakes City Council goal for 2008 -2009 is to review and update the City Charter so that it reflects and facilitates current and future needs of the city. One objective is to initiate a city- sponsored public information effort pertaining to the charter amendment ballot issue. The key action steps require (1) the development of a public information plan, including media resources, schedule and budget, and; (2) Council approval and implementation of a public information program. In order to move forward in a timely manner, the City Council will need to decide the strategies it wishes to use to ensure effective communication of the issues. Past Public Information Plans City staff has handled communications of the past charter referendums for local road improvements. Past methods for informing and educating the voters have not been effective in getting a positive outcome. The following methods for communication have been used for past referendums: 1. City Newsletter: the city newsletter has run articles about the city charter, the referendums, the Task Force charter amendment and other charter related issues regularly over the past years. (The city newsletter schedule is determined by Parks & Recreation programming needs. The fall newsletter is currently scheduled to be mailed in late August and the winter newsletter is scheduled to be mailed shortly after the election). 2. Fact Sheet mailings: When the city newsletter publication dates do not correspond to the schedule for distribution of timely information, special mailings are sent out to inform residents of the issues and about open houses. 1 3. City website: The city website, which has undergone recent upgrades, is regularly used to communicate information. The Home Page will provide direct links to the charter amendment information. 4. Press Releases: Press releases are sent to the Quad Community Press, The Citizen, St. Paul Pioneer Press and Minneapolis Star Tribune. In addition, staff connects with the local reporters for a news story. Also available to the city are special columns in the Quad Press (Revolving Door) that allows for some leeway to expand on issues that fact sheets do not. This column must come from a specific individual (i.e., mayor, city administrator). 5. Open Houses: Generally two open houses are held, and are announced in the city newsletter or separate mailer, on the website, on cable channel 16, on the Community National Bank reader board, and with a colored advertisement in the Quad Press. (Road reconstruction referendum open houses, while widely publicized, are poorly attended.) 6. Cable Channel 16: City Look, a public access cable show dedicated to city events or issues, is available. In past years staff has arranged to have a segment regarding the referendum. In 2005, City Council considered, but did not approve, a proposal from financial consultants and a public relations firm to develop the public information efforts for that year's referendum (See attached). This year's ballot question is considerably more complex than past road reconstruction referendums. Voters must have an understanding of the charter, and recognize the long -term benefits of investment in local infrastructure. At this point we don't know if there will be one question or multiple questions, and we don't know what the ballot language will be. Establish the means to implement the message The Council Goal established the Administration Department as the Lead Party and the Citizens' Task Force as the Key Contributor. Effective communication will require a team effort. Given the complexity of the question, public relations consultants, financial consultants and legal counsel should be brought in to develop and implement the communications for this charter amendment ballot question. Council should also determine how the Citizens' Task Force and other avenues of citizen involvement can contribute to a positive outcome. Establish a schedule The communications strategies will need to be scheduled in advance of council deadlines: • September 8: City council meeting to approve ballot language • September 11: Ballot language must be submitted to Anoka County. • November 4: General election. Communications will need to be prepared in September for delivery in early to mid - October. 2 Requested Council Direction 1. Determine whether a team that includes legal counsel, financial consultants and public relations consultants will be brought in for development and implementation of the communication plan for the November ballot question(s). 2. If so, a proposal shall be brought to city council at the August 4 work session. Council will need to approve a proposal at the August 11 council meeting. 3. Determine the role of the Citizens' Task Force in the city's communication strategy. Attachment(s) June 20, 2005 Springsted proposal 3 June 20, 2005 Mayor John Bergeson and City Council Mr. Gordon Heitke, City Administrator 600 Town Center Parkway Lino Lakes, MN 55014 -1182 RE: Communications Plan Springsted Incorporated proposes to partner with Himle Horner Inc. to provide strategic counsel and assist in the management of public information necessary to communicate with residents and businesses on the adoption and implementation of the Pavement Management Plan for Lino Lakes. This engagement will include: • Designing the public information plan, including messaging, tactics and a timeline • Developing financial estimates and the impact of specific ballot question(s) • Providing counsel for City staff and other contractors on individual implementation steps • Assist City staff in the development and review of communication materials, as requested • Advising the City Council and staff on any additions to the public information plan that will be needed if a fall referendum is authorized. Finally, Himle Horner Inc. will provide an assessment of public information efforts related to street/road improvement projects, including recommendations for future action, to City Council and staff at the end of this contract. Todd Rapp, Managing Director, will serve as the project lead for Himle Horner Inc. on this contract. This engagement is proposed to last from July 15 to November 15, 2005, with a monthly fee of $6,250 plus out -of- pocket expenses. City of Lino Lakes Communications Plan June 22, 2005, page 2 Attached please find the draft Communication Plan for Lino Lakes discussed with City Council at the May 18 workshop. This draft would be customized to the City's needs during the initial phases of the project, if hired. It is attached to provide a conceptual outline of tasks we anticipate will be undertaken as part of the project, subject to further discussion with staff and Council. We are available to further discuss these options further at your convenience. Sincerely, Z4zzr "oyez -7-`e Terri Heaton Senior Vice President Attachment Cc: Mr. Alan Rolek, Finance Director Mr. Michael Grochala, Community Development Director Ms. Mary Divine, Economic Development Specialist City of Lino Lakes, Minnesota Communication & Citizen Awareness Plan Fall Bond Referendum Springsted Incorporated 380 Jackson Street, Suite 300 Saint Paul, MN 55101 -2887 Tel: 651- 223 -3000 Fax: 651 - 223 -3002 www.springsted.com Work Plan June 22, 2005 Objective(s) The purpose of this study is to facilitate the development and implementation of a communication and citizen awareness plan for the City of Lino Lakes' fall roads and streets bond referendum. The plan would include actions that lead to informing voters, but would not include marketing and /or promoting bond or referendum approval. Springsted recently completed a Pavement Management Financing plan that identifies financing for the Pavement Management Plan (PMP) completed by the City during 2004. The PMP Study concluded that by completing street sealcoating and maintenance on the most efficient schedule (maximizing investment by maintaining streets on a timely basis so that replacement is delayed until absolutely necessary) the City could save more than $11,000,000 over the next 10 years. The City is required, by its Charter, to hold a referendum for street/road improvement projects that are partially assessed. The City's primary means for financing street improvements is through assessments. Unlike most other cities in Minnesota, the City of Lino Lakes requires referendum approval in order to fully implement the PMP and capture the potential savings. Springsted is partnering with the Himle Horner firm, whose communications expertise complement our skill sets in order to provide the City with the experience and knowledge necessary to meet the City's needs. Our role would be to implement appropriate Communication Plan strategies in order to provide comprehensive information to the voters prior to the referendum. The development of the Communication Plan will rely upon information already developed in conjunction with the PMP financing plan, including: potential funding sources, the impact of any debt service and special assessments by project, and the offsetting impact of the PMP savings on such payments. The methods of city -wide communications would be approved by the City Council. Springsted and Himle Horner will work directly with the City Council to determine the objectives, ballot language, referendum process, and Communication Plan. This work will be completed in conjunction with Bond Counsel. City of Lino Lakes, MN Communication & Citizen Awareness Plan June 22, 2005 TASKS Task I: Review Background Information • Internal review of background information: • Review the City Charter, City ordinances, policies and practices related to special assessments, and other revenue sources for funding street maintenance and reconstruction (This has already been done in conjunction with the PMP) • Review any engineering studies, cost of services studies, and other relevant studies related to street maintenance and reconstruction in the City (already completed as part of PMP Capital Financing Plan) • Review historical information and results related to referendums for street and road projects (partially completed as part of PMP) • Review the City's communication tools utilized to inform voters in past referendums • Meet with City Council and Staff in a workshop session: • Discuss the City Council's goals for the Communication & Citizen Awareness Plan • Review typical referendum communication plans and strategies as well as specific tasks /plans implemented by Staff in the past • Discuss potential Communications strategies • Discuss the effectiveness of each proposed means to disperse information in alignment with the Council's goals • Discuss the measures for effectiveness of the plan • Obtain additional input or information • Discuss the project timetable • Clarify that Springsted and Himle Horner will not be marketing, rather informing voters using factual data only Task I1: Analyze Communication Plan Components • Develop a comprehensive list of methods for communicating referendum information and evaluate the effectiveness of each to determine which methods to recommend ➢ Determine target audience(s) • Draft the ballot language using consensus of the question from the City Council and obtain input from Bond Counsel Quantify the impact of assessment and/or tax levy impact on a range of homes that represent properties located within the City including both capital and operating costs (already available as part of PMP financing plan) ➢ Quantify the offsetting impact of the savings derived from implementing the PMP in a timely manner so that costs are for maintenance rather than replacing before necessary. City of Lino Lakes, MN Communication & Citizen Awareness Plan June 22, 2005 7- Develop a timeline for implementation of the Plan including specific dates to put in place each method of communication to be used ➢ Coordinate the use of City staff in order to minimize costs and maximize City resources and capacity already in place. ✓ Discuss and agree with staff on how questions from the public will be handled during the pre - referendum phase Task III: Develop Communication Plan v Springsted and Himle Horner will prepare a Draft Comprehensive Communication & Citizen Awareness Plan that will contain our recommendations based on best practices and City direction by staff and the Council > Obtain City Council approval of the ballot language ➢ Obtain approval of the Communication Plan from the City Council after their final revisions and input • Obtain approval for assignment of tasks split between City staff and Springsted staff • Obtain City Council approval of the style and language to be used in information to be distributed to the voters including brochures, legal notices, letters, press releases, flyers, cable advertisements or programming, meeting materials, fact sheets, slideshows and website communications (where possible obtain approval of each final document) • Obtain City Council approval of the specific media to be used to communicate information for the referendum and the frequency of each type ➢ Discuss concerns or issues related to the Plan or the referendum with City Council before implementing the Plan Task IV: Implement Communication Plan ➢ Assign key contact from the City, Springsted and Himle Horner to manage the timetable and coordinate distribution of various communication tools as outlined in the plan ➢ Develop weekly checklist to ensure that each task is performed in a timely manner with sufficient lead time • Implement referendum tax calculator on City's website ➢ Include time each week for follow -up on responses or issues needing to be addressed (letters to the editor, phone calls indicating misunderstandings, opportunities to clarify information, etc) Expectations • In order to conduct this study, the City will need to designate a staff member to serve as a project manager. This person will be responsible for assisting Springsted with gathering accurate and timely data needed to complete the project and to assist in arranging for required meetings, media liaison, and phone interaction with the public. City of Lino Lakes, MN Communication & Citizen Awareness Plan June 22, 2005 Springsted and Himle Horner Role We will strive to: Develop and Implement a Communication & Citizen Awareness Plan as outlined above to inform citizens based on factual data Work for the City Council as a whole, rather than as individuals Use plan as a guide, but modify to address changing needs Limit our Communications to unbiased communications not intended to influence, but to educate Base our success on: — Providing effective coordination with bond counsel, city officials and staff to meet objectives of the Plan — Providing each voter with an opportunity to make and informed decision Springsted and Himle Horner will not: • Market or promote any desired outcome of the referendum other than informed voters (voting yes or no is acceptable) Implement tasks that materially deviate from the plan, unless the Council, as a whole, directs the change Compensation We propose to develop and implement the Communication & Citizen Awareness Plan, as described in this proposal, for a monthly fee of $6250 exclusive of any out -of- pocket expenses such as travel, materials, advertisements, postage and miscellaneous expenses. We would complete work by November 15, 2005 and would prefer to begin no later than July 15, 2005 to enable us to meet the anticipated schedules. Should the City request and authorize additional work outside the scope of services described in this proposal or additional revisions beyond those agreed upon at the discussion and review of the draft report, we would invoice the City at our standard hourly fees. Springste Principal, Senior Officer Officer, Project Manager Senior Associate Associate Support Blended Rate d 2005 Fees $195 $165 $140 $125 $50 $165 WS — Item 3 WORK SESSION STAFF REPORT Work Session Item 3 Date: July 7, 2008 To: City Council From: Gordon Heitke Re: Centennial Fire District Funding Formula Background At the June 2, 2008 Work Session, the council agreed to review the Centennial Fire District funding formula, which determines the financial contribution of each city to the Fire District's budget. The formula is established within the Joint Powers Agreement which was entered into by the cities of Lino Lakes, Circle Pines, and Centerville in 1990. The formula is comprised of the following factors: calls for service; population; and total market value. The agreement states that when a member municipality contributes in excess of 70% of the budget, that municipality may request the Steering Committee to reevaluate the funding formula. The City of Lino Lakes is currently contributing 69 %. Requested Council Direction Staff is seeking any further direction from the Council. Attachment(s) 1. Section VII Funding of the Centennial Fire District Joint Powers Agreement II 2. Lino Lakes Contribution (Percentage of Total Budget), 1998 -2008 3. Centennial Fire District, 2008 Funding Formula 4. Centennial Fire District Cost Per citizen, By City, 1990 -2007 5. Centennial Fire District Costs Per $1M Valuation By City 1990 -2007 CENTENNIAL FIRE DISTRICT JOINT POWERS AGREEMENT SECTION VII FUNDING 7.1 Member contributions. Each calendar year each municipality shall pay to the District its share of the total operating budget as established by the Committee, as provided for in Section VIII of this Agreement. Capital and operating expenses of the District shall be borne by each municipality in this agreement according to the following formulas: Base formula. The following calculation shall determine each municipality's representative share of the total operating budget and capital expenditure budget. The sum of: a +p +v A + P + V x 100 = 100% of total budget apportioned to the specific municipality. a = The specific municipality's average number of calls for service for the last five (5) calendar years. p = The specific municipality's population in the District, expressed in units of 100 Source for population information shall be the latest Metropolitan Council estimate of the population. v = That specific municipality's total market value expressed in units of $1,000,000. A = The District's average number of calls for service for the last five (5) calendar years. P = The total population of the municipalities in the District, expressed in units of 100. V = The sum of the municipalities estimated market value within the entire District, expressed in units of $1,000,000. All figures shall be carried out to one (1) decimal place for the functioning of the formula. Except as modified by Sections 7.2, 7.3, and 7.4 the municipalities proportionate share of the total budget contribution shall be determined by multiplying the municipalities percentage times the annual budget. The municipalities contribution shall be recalculated on an annual basis by June 1s` of the year preceding the budget year to which the calculation shall apply. Each municipality shall pay over to the District the amount owing in four (4) equal installments on January 31, April 30, July 31, and October 31 of every year. 7.2 At such time when it is determined that'd the budget for any particular year that af fected reevaluate the funding foinlula. Lino Lakes Contribution (Percentage of Total Budget), 1998 -2008 The Lino Lakes budget contribution as a percentage of the Centennial Fire District Budget for the years 1998 through 2008 are as follows: 1998 64.7% 1999 65.8% 2000 66.1% 2001 65.9% 2002 66.3% 2003 67.5% 2004 68.5% 2005 68.8% 2006 68.8% 2007 69.1% 2008 69.0% Centennial Fire District 2008 Funding Formula 2008 Budget Centerville Circle Pines Lino Lakes Total 2002 Runs 111 188 542 841 2003 Runs 124 199 575 898 2004 Runs 126 220 587 933 2005 Runs 102 221 569 892 2006 Runs 148 225 620 993 Total 611 1,053 2,893 4,557 Five Year Average 122.20 210.60 578.60 911.40 Market Value per Anoka County 357,863,100 433,336,300 1,927,807,500 2,719,006,900 Market Value divided by 1,000,000 357.86 433.34 1,927.81 2,719.01 Population per Met Council 3,820 5,153 19,736 28,709 Population divided by 100 38.20 51.53 197.36 287.09 CALCULATION Five Year Average of Runs 122.20 210.60 578.60 911.40 Market Value divided by 1,000,000 357.86 433.34 1,927.81 2,719.01 Population divided by 100 38.20 51.53 197.36 287.09 Total 518.26 695.47 2,703.77 3,917.50 Percentage of Total 13.2% 17.8% 69.0% 100.0% 2008 Budget 106,510 143,627 556,757 806,894 Lino Lakes 69.0 CentennialX/2008 Formula Centennial Fire 2008 Budget Contribution by City Centerville 13.2 Circle Pines 17.8 6/19/2008 Fire District Centennia Cost per Citizen 0 Centerville Circle Pines ❑ Lino Lakes 1 Fire District Centennia 0 ■ . F0 CO 0 0 0 0 Q■ 0 Cenetrville Circle Pines ESSPOSIMIL. N O O V O O O O O O O O O O O O O O O O O O O o0 CO V N 2000 2001 2002 2003 2004 2005 2006 2007 O O O ii. 5- b et© Wort. scssiCilel 1 il I wog CENTENNIAL FIRE DISTRICT BUDGET 7/7/2008 Acct. 2006 2007 2008 1. 144) Budget Budget Budget Personnel 101 District Chief 82,400 84,875 87,450 102 Salaried Positions 16,000 16,800 16,800 103 Inspection Wages 55,775 58,000 59,750 104 Secretary 41,700 43,000 44,300 105 Fire Calls 40,000 45,000 46,350 106 Rescue Calls 42,000 50,000 51,500 107 Training Calls 20,000 23,000 23,690 108 Maintenance Drills 14,500 14,500 14,935 109 Fire Prevention Wages 6,000 7,000 7,210 110 Janitor Salary 5,200 5,200 5,200 120 Payroll Taxes 20,500 23,850 130 Payroll Benefits 42,000 26,750 26,750 150 Workers Comp Insurance 13,000 14,000 21,100 180 Relief Association 24,000 24,500 25,000 Total Personnel 402,575 433,125 453,885 Supplies 201 Office Supplies and Printing 6,000 7,000 7,000 202 Cleaning Supplies and Services 2,300 2,300 2,300 212 Fuel and Lube 7,000 12,000 12,000 216 Medical Supplies 4,000 4,000 4,000 217 Fire Prevention Supplies 3,000 3,000 3,000 218 Uniforms 2,500 2,500 3,000 219 Logistic Supplies 1,000 1,000 1,000 Total Supplies 25,800 31,800 32,300 Contracted Services 301 Accounting Services 4,000 10,000 10,000 308 Medical Physicals 3,000 3,000 3,000 321 Telephone 9,000 9,500 10,000 331 Travel and Conferences /School: 12,000 12,000 14,000 350 Legals 0 0 0 361 Insurance 19,000 19,500 28,000 380 Utilities 22,000 24,000 27,000 385 800 mhz Fees 4,000 4,000 4,000 Total Contracted Services 73,000 82,000 96,000 Maintenance 401 Other Maintenance 5,000 5,000 5,000 404 Vehicle Maintenance 35,000 40,000 40,000 405 Fire Equipment Maintenance 5,000 5,000 5,000 412 Common Area Charges 19,017 18,113 17,209 420 Equipment 30,000 30,000 30,000 433 Dues and Memberships 1,500 1,500 1,500 435 Subscriptions 500 1,000 1,000 495 Miscellaneous Total Maintenance 96,017 100,613 99,709 Capital Outlay 570 Capital Equipment Total Capital Outlay 100,000 100,000 100,000 100,000 100,000 100,000 Contingency 950 Contingency 2,000 13,610 25,000 Total Cotingency 2,000 13,610 25,000 Total 699,392 761,148 806,894 CentennialX/Centennial Budget 2008 0 0 0 O (D 0 n S (O 0 squid OIOJ!O 0 O mcn O (D o < 1 3 m A) CD (7, O O c0 z m 0 0 a) sauid a10J13 0 0 0 a) O (D 0 C) (D O u) 00 o O -I v 0 co c 0. 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CCOO co 8 V (T OD J CT A W 0) N O 0) 0 N O W N CO A 01 CA O O 0 0 0 O O O O O O O O o o O O O 40 Aq slsoo WS — Item 5 WORK SESSION STAFF REPORT Work Session Item 5 Date: July 7, 2008 To: City Council From: Mary Alice Divine & Al Rolek Re: Town Center Update Background Marshall Investments foreclosed on the Hartford Group's remaining property in the Legacy at Woods Edge in January 2008. Marshall became the controlling partner, servicing 28 banks that have provided financing to the project. Marshall will essentially be acting as master developer on the project. Marshall has hired JBL Companies to market the property. Staff has met with the Jeffrey Larson, president of JBL Companies, and his associate. Staff is working with them to provide marketing information, demographics etc. Their strategy for marketing the property is to attempt to put together a consortium of specialized developers for housing, senior housing, commercial and office space. To date, the taxes and assessments on the project remain outstanding. Staff has been unable to arrange a meeting with Marshall to discuss the delinquencies. Because there is a pool of investors, each investing bank must agree to pay the taxes and assessments and agree to the amount of its share. This process can take some time to transpire. At the June work session staff discussed the financial implications of the delinquencies. In November, 2005, the City issued $5,550,000 Taxable G.O. Improvement Bonds which were originally expected to be repaid totally out of assessments spread against the benefited properties in the Legacy at Woods Edge development project. As noted above, delinquent special assessments are likely to continue that status for some time. In a phone call with Anoka County staff in charge of property foreclosure and tax forfeiture staff learned that tax forfeiture for these properties would not take place until May, 2010 if the delinquencies have not been paid by that time. Discussion in June centered around using an interfund loan or general tax levies to pay any debt service shortfalls. Since then, a third alternative has come to our attention. We have been in contact with the City's fiscal consultant and bond counsel in regard to the situation and have discussed possible relief mechanisms available to the City. The 1 Bonds are first subject to optional redemption on February 1, 2016. Since the Bonds are taxable obligations under the federal tax code, the City has more flexibility in the area of advance refunding possibilities than it would if the Bonds were tax exempt. Another alternative to an interfund loan or tax levy would be that some or all of the Bonds could be advance refunded and restructured to accommodate the current and prospective revenue cash flow, subject to the provisions of Minnesota statutes with regard to advance refundings. This could include capitalizing interest for an additional period of time to avoid any net pay out of funds for debt service in the near term. This may be a rather expensive proposition over the long term as compared to the original structure of the Bonds. Interest rates may be higher today that they were in 2005, and there would surely be some negative arbitrage working against the City relative to the refunding escrow account. But it may be worth it to the City to pay more later for welcome relief in the short term. Further discussion of these options or combinations of the options can be pursued this evening. Minnwest continues to hold the temporary financing on Lakewoods Apartments. Minnesota Housing Finance Agency (MHFA) will close with Minnwest before the end of this year with the permanent financing for the work force housing. The LaSalle Group will continue as property managers. The first floor commercial space in Lakewood Apartments is essentially a separate parcel from the housing. Minnwest will continue to own the commercial parcel. Requested Council Direction None. Attachment(s) None 2 Julie Bartell ,`` Lt. From: Alan Ro► Sent: 1 Monday, June 30, 2008 3:37 PM To: eff Reinert; Dan Tesch; IIave-Pecchia; Gordon Heitke; Michael Grochala; Rick DeGardner; dstoltz @tcuconnect.com; j- bergeson @bethel.edu; jeff @themetrohomeguide.com; jeff.odonnell @impact - group.biz; kathi.gallup @dlIc.org Cc: Julie Bartell Subject: RE: June 27, 2008 Weekly Construction Update Jeff - We plan to update the Council on the Legacy situation at the next work session. There has been no payments made to date, and we have not been able to meet with representatives from Marshall Investments, so nothing has changed since our last discussion. I have had discussions with Anoka County on the status of the Legacy properties and have also discussed interim financing options with our fiscal advisor. I will prepare and include a memo in the work session packet for discussion on Monday night. Alan Rolek Director of Finance City of Lino Lakes Town Center Parkway Lino Lakes, MN 55014 Voice - (651) 982 -2410 Fax - (651) 982 -2499 E -mail - alan.rolek @ci.lino - lakes.mn.us Original Message From: Jeff Reinert [mailto:Jeff @MHG123.com] Sent: Friday, June 27, 2008 5:41 PM To: Dan Tesch; Alan Rolek; Dave Pecchia; Gordon Heitke; Michael Grochala; Rick DeGardner; dstoltz @tcuconnect.com; j- bergeson @bethel.edu; jeff @themetrohomeguide.com; jeff.odonnell @impact - group.biz; kathi.gallup @dllc.org Cc: Julie Bartell Subject: RE: June 27, 2008 Weekly Construction Update Hi Dan, Please provide us with an update on Legacy? Thanks, Jeff Reinert 651.639.9903 Jeff @MHG123.com <mailto:Jeff @MHG123.com> Metro Home Guide 1403 Silver Lake Road, Ste 2 New Brighton, MN. 55112 Office: 651.639.9903 1 ,Design: 651.639.9902 Fax: 651.639.9915 www.MHG123.com <http: / /www.MHG123.com> From: Dan Tesch [mailto :dan.tesch @ci.lino - lakes.mn.us] Sent: Friday, June 27, 2008 1:38 PM To: Alan Rolek; Dan Tesch; Dave Pecchia; Gordon Heitke; Michael Grochala; Rick DeGardner; dstoltz @tcuconnect.com; j- bergeson @bethel.edu; jeff @themetrohomeguide.com; jeff.odonnell @impact - group.biz; kathi.gallup @dllc.org Cc: Julie Bartell Subject: FW: June 27, 2008 Weekly Construction Update FYI From: Chris Winter Sent: Friday, June 27, 2008 11:54 AM To: Dan Tesch Cc: Carol Danielson; Julie Bartell; Dawn Bugge Subject: June 27, 2008 Weekly Construction Update Dan, Attached is the weekly construction update dated June 27, 2008. «6 -27 -08 update list.doc» Chris 2 FW: June 27, 2008 Weekly Construction Update :Julie Bartell Page 1 of 1 From: Jeff Reinert [Jeff @MHG123.com] Sent: Friday, June 27, 2008 5:41 PM To: Dan Tesch; Alan Rolek; Dave Pecchia; Gordon Heitke; Michael Grochala; Rick DeGardner; dstoltz @tcuconnect.com; j- bergeson @bethel.edu; jeff @themetrohomeguide.com; jeff.odonnell @impact - group.biz; kathi.gallup @dlIc.org Cc: Julie Bartell Subject: RE: June 27, 2008 Weekly Construction Update Hi Dan, Please provide us with an update on Legacy? Thanks, Jeff Reinert 651.639.9903 Jeff @MHG123.com Metro Home Guide 1403 Silver Lake Road, Ste 2 New Brighton, MN. 55112 Office: 651.639.9903 Design: 651.639.9902 Fax: 651.639.9915 www.MHG123.com From: Dan Tesch [mailto :dan.tesch @ci.lino- lakes.mn.us] Sent: Friday, June 27, 2008 1:38 PM To: Alan Rolek; Dan Tesch; Dave Pecchia; Gordon Heitke; Michael Grochala; Rick DeGardner; dstoltz @tcuconnect.com; j- bergeson @bethel.edu; jeff @themetrohomeguide.com; jeff.odonnell @impact - group.biz; kathi.gallup @dllc.org Cc: Julie Bartell Subject: FW: June 27, 2008 Weekly Construction Update FYI From: Chris Winter Sent: Friday, June 27, 2008 11:54 AM To: Dan Tesch Cc: Carol Danielson; Julie Bartell; Dawn Bugge Subject: June 27, 2008 Weekly Construction Update Dan, Attached is the weekly construction update dated June 27, 2008. «6 -27 -08 update list.doc» Chris 6/30/2008 WS — Item 6 WORK SESSION STAFF REPORT Work Session Item 6 Date: Council Work Session, July 7, 2008 To: City Council From: Gordon Heitke Re: Professional Services RFPs Background In early 2008, staff and Council discussed proceeding with soliciting proposals for civil legal services and prosecution legal services, as a practice of periodically sending out requests for proposals (RFPs) for ongoing professional services. As previously communicated to council members, this activity was rescheduled for multiple reasons. Staff has solicited proposals for the Council's consideration at this time. RFPs for civil legal services were sent to selected firms listed as League of Minnesota Cities Marketplace vendors, firms known to be interested in submitting proposals for general municipal legal services, and the law firm currently serving as city attorney. Firms known to not have a significant focus on municipal law or those providing services or serving clients which result in a higher potential for conflicts of interest were avoided. Eight proposals were received and are enclosed. Please be aware that proposals for prosecution services were also solicited through the LMC vendor guide listing, from firms known to be interested in submitting a proposal, and from the law firm currently providing prosecution services to Lino Lakes. Some of the proposals include providing both civil and prosecution services. This agenda item deals only with civil legal services. The Chief of Police and I will be presenting prosecution proposals to you for consideration at the next work session. Staff has prepared a chart summarizing key information (related to civil legal services) for each proposal. The directors identified the following factors as being most important in the selection of a law firm to provide civil legal services: 1) the breadth of specialized expertise within the firm and capability of addressing all or most of the legal issues to be experienced by Lino Lakes, 2) the lead attorney and assistant attorney has considerable 1 expertise and experience in providing general municipal legal support to councils and staff , 3) the firm has a sufficient number of attorneys with the necessary expertise to provide adequate back -up support for the lead attorney and assistant attorney when they are unavailable, and 4) the services rates are reasonable for the value of the service received. The staff finds that the proposals submitted by Campbell Knutson P.A. and Kennedy & Graven Chartered to be the best value for meeting the civil legal service needs of the City. Requested Council Direction The Council needs to determine how it wishes to proceed in the selection of the city attorney. Attachments 1. Request for Proposals 2. Proposals (Kelly & Lemmon P.A., Campbell Knutson P.A., Sweeney, Borer & Sweeney, P.A., Ratwill, Roszak & Maloney, P.A., Kennedy & Graven Chartered, Hawkins and Baumgartner, P.A., Newquist & Herrick Law Offices, P.C., Johnson & Condon, P.A.) 3. Proposal Summary Charts 2 City of Lino Lakes REQUEST for QUALIFICATIONS and PROPOSALS for CIVIL LEGAL SERVICES June 1, 2008 I. PURPOSE The City of Lino Lakes is requesting qualifications and proposals for Civil Legal Services from firms experienced in municipal law. II. BACKGROUND The City of Lino Lakes, located in the northeast metropolitan area, is a developing home rule charter city with a population of 21,000. Lino Lakes is governed by a City Council composed of a Mayor, elected for two -year terms, and four Council Members, elected at -large for four -year terms. Lino Lakes has approximately 75 full -time employees, a 2008 total budget of $13 million and a tax levy of $7.8 million. Historically the City has retained a private firm or firms to provide general Legal Services. The City has also selected firms to provide bond counsel service and to work with development issues. III. PROCESS A. The City will use the following process for selecting Legal Service Providers: 1. The City intends to award a contract to the proposer based on qualifications to perform the work for the City, cost, and other factors considered 2. The City Administrator and City Management Team will evaluate proposals. The City Administrator will recommend to the City Council firm(s) to be considered for appointment 3. The City Council will select the firm and award a contract for Civil Legal Services to the City of Lino Lakes 1 4. The City reserves the right to reject any and all proposals, to request additional information from any and all Proposers, and to suggest modifications to the terms and conditions offered by a Proposer IV. GENERAL INSTRUCTIONS A. Responses must provide complete information as described in this request. Any other information that the proposer wishes to include for evaluation and consideration by the City as part of the proposal may also be included. Twelve (12) copies shall be submitted by 4:30 p.m. on July 1, 2008 to: City Administrator City of Lino Lakes 600 Town Center Parkway Lino Lakes, MN 55014 -1182 In order to ensure a fair review and selection process, firms submitting proposals should contact only the City Administrator and are specifically requested not to make other contacts to City staff or Council Members regarding these proposals. B. The City will not reimburse any expenses incurred by the firm submitting responses including, but not limited to expenses associated with the preparation and submission of the response, attendance at interviews, and preparation and negotiation of a contract V. REQUIRED CONTENTS OF RESPONSE A. Firm Background: 1. Brief history of firm 2. Number of attorneys, including number of partners and associates and areas of specialty 3. Support personnel: number and expertise 4. Office organization and support capabilities 5. Office location(s) 6. Statement of any malpractice claims and /or ethics complaints taken against your firm or firm's attorney(s) over the last five years and the 2 status or outcomes of such action. Indicate whether any action is pending or is currently under review by the State Ethics Board 7. Describe malpractice insurance coverage: carrier, limits, and exemptions 8. Statement of 2007 billings for municipal work as a percentage of total 2007 billings 9. List cities your firm currently represents and for what type of service 10. List cities your firm began representing in the last three years and cities your firm stopped representing in the last three years 11. List names, telephone numbers, and contact person of at least three (3) client references whom the City may contact 12. Describe the firm's view of their responsibilities to the City in the provision of legal services 13. Conflict of Interest: • Indicate whether designated lead attorneys or the law firm represent, or have represented, any client whose representation may conflict with your ability to provide legal services to the City • Indicate whether designated lead attorneys or the law firm currently represent any real estate developers. If so, please identify those companies or persons in detail • Indicate whether designated lead attorneys or the law firm currently represents any other local units of government having jurisdiction within, or contiguous to, the City of Lino Lakes • Identify what procedures your firm utilizes to identify and resolve conflicts of interest B. Attorney Qualifications: 1. Identify the specific attorney who will serve as the lead attorney and indicate the following: • Academic training and degrees • Description of background and experience • Description of prior municipal experience including cities served in a similar capacity 3 • Estimated percentage of total work related to municipal civil law in the last three years • List of litigation in communities where designated attorney served as lead attorney and outcomes of litigation for the last five years 2. List number of years with firm, position title(s) and years in these positions, and areas of responsibility with firm 3. Identify attorney who will serve in the lead attorney's absence, and provide information as requested in No. 1 and No. 2 above 4. Identify other attorneys and support staff who will supply services for which the City will be charged 5. Provide a description of the proposed allocation of work between the primary attorney and support personnel identified (i.e., what work will be handled by attorney and what work will be handled by associates, paralegals, or others) 6. Indicate current responsibilities of person designated to serve as lead attorney 7. Indicate the availability of the lead attorney and attorney who will serve in the lead attorney's absence for Monday evening meetings and their availability during regular business days C. Fees: 1. Indicate the dollar amount of fixed and /or hourly fees and costs your firm will charge for providing the legal services covered by your proposal. For the hourly fees portion of your proposal, please identify the hourly rate of each attorney, paralegal, and support personnel. Also identify additional cost items to be billed (e.g., photocopying faxes, law research searches, etc.) and associated rates 2. The City is open to exploring fee arrangements other than a retainer or hourly rate. Indicate what alternate billing arrangements you would be willing to consider and under what circumstances they would be most appropriate 3. The City of Lino Lakes requests monthly billing statements which: • Itemize the date of services 4 • Identify the attorney, paralegal and /or support personnel providing the services • List time spent on each item /activity /service • Provide a detailed description of the service performed • Total the fees for each service item • Organize billing on the basis of activity and contact • Summarize monthly (and annually) costs by type of activity or project activity VI. Legal Services Requirements Following are the primary responsibilities for the City Attorney: 1. Attend all City Council meetings and City Board, Commission or Committee meetings and other meetings as requested by the City Council or City Administrator 2. Draft and review ordinances, resolutions, and correspondence, as requested 3. Review Council and Planning and Zoning Board agenda items and minutes 4. Advise the Council, City Administrator, Department Heads and other staff on City legal matters 5. Interpret and advise on general federal and state laws related to municipal government, including planning, zoning, housing, development/redevelopment, enforcement, and property and real estate laws 6. Interpret and advise regarding the City Charter and City Code 7. Prepare and /or review municipal contracts, such as contracts for public improvements, joint powers of agreements, construction, and purchase of equipment 8. Represent the City in matters related to the enforcement of all City codes 5 9. Research and submit legal opinions on municipal or other legal matters, as requested by City Council, City Administrator or Department Heads 10. Meet with the City Council, City Administrator, Department Heads and City Staff as needed to review Council agenda items and the status of all legal matters before the City 11. Provide legal briefings as requested to City Council and Staff regarding new or proposed legislation affecting municipal operations and activities 12. Provide written update on new State or Federal legislation or judicial decisions impacting the City and suggested action or changes in operations or procedures to assure compliance 13. Provide advice on open meeting law, data practices, records retention, and Council powers 14. Represent the City in employment related issues, labor negotiations, arbitration, administrative hearings and in litigation involving same, as requested by the City Council or City Administrator 15. Interpret and advise with respect to municipal employment matters and laws including, but not limited to, PERA, labor agreements, personnel policy, FLSA, Veterans' Preference, and unemployment compensation as requested by the City Council or City Administrator 16. Defend City in litigation (except in those cases where insurance companies are required to provide defense) including, but not limited to, 1) human rights claims; 2) condemnation; 3) permits and administrative actions; and 4) labor and employment matters 17. Defend City in uninsured claims and other insurance matters 18. Represent City in the acquisition of properties for public improvements, easements, parks and other public purposes 19. Represent City in condemnation proceedings for public improvement projects 20. Represent City in workers' compensation matters 21. Initiate litigation on behalf of City as requested by City Council 22. Advise and represent the City on environmental matters 23. Prepare and review, as requested by the City Council or City Administrator, the following: a. Conditional Use Permits and Documentation b. Vacation of Rights -of -way c. Special Assessments d. Easements e. Subdivision Agreements f. Planned Unit Development Agreements Firm /Attorney Summary y & Lemmons, P.A. - St. Pau w 0 - 2 ----- t 0 _ 7 ci_ k J = 7 ƒ — % = \ _\ 3 � k E as n . % 0 } I— CO / •§ _ _ _ . - - c co 6.o -J = •/ c E 0%q 0 \ 0 n 0 0_ a0 / as .7 0 \ � E 0- o as 1-% 7 k ._ 0 ° S o = % ƒ 2 2 0 0 -0 E D 73 E o = - / o E @ k ° 2 / o = 5 & ± 0 k/ CO.� W k> CO 0_ a 'E E � N 0-) 2 E . a / g N E / 2 & & 00- 0= 7 a E § ƒ 2 0_ ® & m = • % 6 G E ± \ % 2 § 2 = @ © 7 Q & c E as E E Es u) �E� / 2 _ �� g E _ > 7 3 o 2 k o d �� _ . 4 \ ? S 3 \ Firm /Attorney Summary Knutson - Eagan a) _o 0_ cts E 0 Thomas Scott, 22 years 80% public sector ( 0 \ m $ • q -o co c c �. @ To o E E N 'E 0 E q E \ c % f .o E - ( w § E.2 00E & a E cm CU 'E E \ 2 O (0 / 2 @ To o CL % 2 E 0 CO 0 Q £ 2 St. Louis Park Q E Q E .... w o ..... w o k c 2 o 2 7c 2- ƒ w E 2 E / 6u� 6�� » » « % \ a) E «f E»2 m / i m CO J a 2 0 R & .0 R & .u) @ @ = @ E 5 « E 5 _ z 0 0 2 0 0 a f&2 f »£ E0 @£ E £- o E- o E E•a c o @ 2/ / 3 al E ± a / @ 0§ w E E c f k c/ a) k 2 o >26/£ fESzE� owE f�aEE.;.:-,6.01- E 2% D 0» -I% 0/-0 2 k k .E _I% o f t» as....- -0 y 2 £ 0 E o N 6 o E g N / k § ® ® & 2 E \ _I k C ° 2 2 \ _I . k o E a w E m L • o E a m L & o E § a 0$ / / x 7 2 5 3 02 /% f E 2 5 7: 6 0 @ > o G > 0 2 / '§ = \ -C (0 o $ % R .& \ § k % O % § - . [ O c O» U- -I a a. a. 5 O CO O» L -J _I CL c 5 Attorneys - $135 2 E \ m ? c o U EA- Thomas Sweeney, 42 years k -c," a% 2 0 m 2 c .- ai @ ® ƒ 0 0 5 as oi .g % c c E .a 2 q m E as c _ 0) 7 0) 2 % George Borer - 25 years 2 k a) # _ E R J E al a o .± (0 / E Q. E q c E m ((b) D 2 .g @ a) Patrick Sweeney, 17 years d 60 % municipal k 2 as o @ o_ -t 6 = 2 o 0 'a P k'� o / 0 (0 t E 6 c o a o -( •5 o 7 0 CT LL: o n 0 2. a § k 7 ./ .g 2c Q R � = U - k k /. §3 Lcs ± 2 �� �� 0m000) � 0 0 q \ cn 3 \ - k Q m � Firm /Attorney Summary ick, Rosnak, as o 0 % k _ o %• 7_5_-0 % 2 k E Possible retainer Jay Squires, 19 years 2 ¢ c & 0 = ca /ƒ .e = _ CC co §2k a) 0 § - k & E o 0 a) o ct 73 C i as Joseph Lange!, 12 years § 0 Ts (1)- 2° as o o ■ aƒ k k L 0 _� = E E % ° ••( -0 E 8 ° / § ca E @ E • § 2 a) 3 ili E o o 0) c� as il . n 0 O o o O 99% municipalities Tts E c 0 - 0 as .0 0 C @ > / c % @ 0 w ru o- \ » — E E E 2 E o a) o E -- @ O N 2 / 0 o - 1 • 2 a •a o 3 a o p § - E ¢ 43- 7 2 \ ± w /() 0) 2 2 OJO 0 -o 0 0 0 @ 0 0 0 -J § O / 2 'Fs �� @ m � ID c 0 0 0. To 2 �- Co Ct 2 7 [ 0 0 @ @ / 0 2 ± ± k $ 0- n > 0 Firm /Attorney Summary Kennedy & Graven - Minneapolis - co O�f)� N c) Lo OOL() — ti co a) .- Ea 69- c4 , dg 69- e? 69- • Eli' I 1 a) (0 (.) hz. 1 1 (fi 1 1 co u) c a) a) 1 O cn i � O N CL L Y r Q a) Y a) c a) U j E a) U m °� U C p C rn p > o' CD CD +. as 0Qa.J ZGa) (a<a.J ONQa.J Corrine Heine, 23 years Michael Norton, 28 years as C —a) Q. C U a) C > o E 0-- o o) c (L a) -E O E Q. O E N E C N a) (5 E c Q- U O (6 L > C D O C 0 (6 0) a) O a) (6 0 U Loo- U iii (n C (o a) •O • U c`na L a) O > > 0 a) 0 o U U C U) a) .O U o u) co (0 a) L a) _ C 4) C� • a) g p E...iii- -tD E (o U ._.0 o C ca a) C O O C p ad ?g C o O .v) € U U O as C 2"—c- N U N o>. as U C ca 0) - 4 Q ai a) ) L co a) U Q C Q a) p � _ Q O Q E C E o 0 p U) c U O • C LU Q c' < C c c O C o o O> D O O C -5' rn o 2 Q J E -a W U s- U .2 O U U L as a) 0) 0 o CO (D co L (1)ocaQ -n' U U J 0 0 E i -2 U ; ' E � -o Y'Es E U E L • m 0 O C o L 0 > a)aaa) a) c a) " 00 O o m J < Q Possible retainer EXHIBIT A REPRESENTATIVE CITIES / TOWNS/ OTHER ENTITIES Designated City Attorney for the following cities: Belle Plaine Brooklyn Center Brooklyn Park Cambridge Cottage Grove Crystal Faribault Franklin Independence Kenyon Lauderdale Marshall Medina Minnetrista Mound Mounds View New Brighton New Prague Oak Grove Pine Island Richfield Robbinsdale Rosemount Sandstone Shakopee Victoria Watson West Concord Special counsel on an on -going basis to dozens of cities, cities, counties, joint powers organizations, and other public bodies, including: Blackduck Bloomington Burnsville Cokato Columbia Heights Duluth Dundas Hopkins Inver Grove Heights Lake City Marshall Minneapolis Minneapolis Community Planning and Economic Development Department Minnetonka Rochester St. Paul Staples League of Minnesota Cities Minnesota Association of Townships General counsel to the following Economic Development Authorities, Housing and Redevelopment Authorities, and Port Authorities: Brainerd Burnsville Cambridge Chanhassen Columbia Heights Cottage Grove Crystal Faribault Kenyon Townships: (some on specific projects) Baldwin Bemidji Birch Creek Birchdale Castle Rock Crooked Lake Daggett Brook Denmark Ellsworth Fair Haven Farm Island Girard Grant Valley Grattan Greenwood Gully Lino Lakes Marshall Monticello Richfield Robbinsdale Rosemount St. Louis Park Shakopee Lino Lakes Hampton Helga Henrietta Henryville Hickory Irondale Janesville Kanabec Kathio Kimberly Krain Lake Jessie Lake Sarah Leon LeSauk Maine Prairie Special Purpose Represented Entities: Lake Minnetonka Conservation District Local Government Information Service (LOGIS) Hennepin Recycling Group (HRG) Suburban Rate Authority (SRA) Mantrap Scandia Valley Maplewood Scott Medford Shafer Munson Shamrock New Prairie Stanton Norman Staples Norway Ten Lake Ogema Thorpe Oxford Trelipe Rockwood Turtle Lake Roosevelt Udolpho Roseville Utica Rutland Woodrow San Francisco White Oak Wirt Lower Rum River Watershed Management Watershed Management Commissions Bassett Creek, Lower Rum River, Shingle Creek, West Mississippi Finally, the Firm provides tax increment, bond counsel, development and redevelopment, and other legal services to dozens of other cities, cities, counties, port authorities, EDAs, and HRAs on an as requested basis. co 0 0 N Firm /Attorney Summary Hawkins & Baumgartner - Anoka co a) C) a) Ef} 0 (0 N L O a) >, O Q C 0 Q' Q C E � O O O N 0 L a) Q 0 Q Possible retainer Adam Dahlen, 1 year .- co C C o E 0 U > C E 0 vs > Y O O ,c f0 f0 as C _ c0 Q_ p) c0 = = f0 O 70 •E O_ = C Q C C E .0 •V U E O .0 = (a N L c u) C (0 L C >C O O o E o Q N L a) C a) N -t L U as - f0 O) C L E C = (0 O as O) U m ai O ▪ L _ va O > u) >, U a) c c0 o E 0 o_ (40- O � — C > N C J N a) .O Y 73 E E c0 0 O C > O 2 Q O �— N i E a) .0-5 a) > . a) ca O U �C C 2 (0 C a) C C = N E E o E3 E (� +N' N Q .L-, 0 a) C Q) � LC) O ' f0 6) 0_ U f0 as O J (LS N = O) aa) a) C C L N a) c0 O E - O (0 U O LC) N N Firm /Attorney Summary Newquist & Herrick Law Office, P.C. - Fridley 0 rn +. L as c • rn O ti • ER Ea mQ 0 I O • N p 0 0 ¢ a) Q > iii L d; U O O O (0 > O L > C LO (n O L O (0 d O' C N (o N CO 0Qa_ O�a(az(9O (0 P2 (0 a) a) c >, a) ti 0) M C = O co > "_ C U O C:.= CU a3 N O- (On CO Z L— _U ' L c O- — > U 2 2 •U Gregg Herrick, 15 years 50% municipal U (0 Q) N a) O (0 a) a) (0 = Q) U • U a) • C U U _ (0 _a Q • U L CD .E 2 • C 2 O Client: Hilltop Firm /Attorney Summary Johnson & Condon, P.A. - Minneapolis » 0 Mark Condon (Alternate), 33 years p I E c o % g 2 as c- o— o as d (0 w r r o g .E T-- ° ° c @ 0 N. 0 e » a - us = 2 = e O 0_ o_0 al ) / in / § / g k m 2 = E E k ° $ @ _ _ + t : 0- a y q >, N- k . 2 2§ insurance. Less than 1% municipal -0 e -o = Cr) = w 0 0) ± Proposal to Provide Civil Legal Services for The City of Lino Lakes July 1, 2008 Kelly & Lemmons, P.A ATTORNEYS AT LAW HELPING SHAPE PUBLIC POLICY 2350 UBS Plaza 444 Cedar Street Saint Paul, MN 55101 (651) 224 -3781 phone (651) 223 -8019 fax www.kellyandlemmons.com A Brief Overview of Kelly & Lemmons, P.A. Municipal law is the focus of our practice. Our senior partner, Patrick Kelly, has always represented at least one municipality in each of his 32 years as an attorney, including over 30 years as City Attorney for Maplewood. Patrick has always involved his other partners and his associates in his municipal practice, so the firm is truly built on a foundation of service to Minnesota towns and cities. Our firm's practice offerings are closely in line with what a municipality needs. All of our attorneys offer strong backgrounds in: • Zoning and land use • Assessments and connection charges • Condemnation proceedings • Economic development • Municipal regulation, licensing, and ordinances • Data practices, Open Meeting, and other regulatory compliance • Ethics guidance • Annexation proceedings • Public sector employment, including unionized workforces • Development of personnel policies • General real estate law • Litigation and defense of claims Our firm slogan is "Helping Shape Public Policy," and we ensure that all of our attorneys stay on top of the issues that face municipalities today. We are consistently at the forefront of positive municipal developments, whether it be the early adoption of methamphetamine -lab cleanup ordinances in our municipalities or brokering an unprecedented service- sharing agreement between the City of Gem Lake and White Bear Township. Our firm has the expertise and the vision to help City of Lino Lakes move forward. Our Municipal clients Currently, Kelly & Lemmons provides civil city attorney services to five municipalities: • White Bear Township (Ramsey County, began 1994) • Taylors Falls (Chisago County, began 1992) • Gem Lake (Ramsey County, began 2006) • Eureka Township (Dakota County, began 2007) • Little Canada (Ramsey County, began 2008) (also prosecuting attorney) We provide the same range of services described in the City of Lino Lakes's Civil Legal Services RFP for each of these municipalities, and the full range services described in the Prosecution Legal Services RFP for the City of Little Canada. About Patrick Kelly Patrick J. Kelly is a Partner at Kelly & Lemmons and also serves as President of the fine. He has practiced law for over 30 years. He recently ended his term as President of the Minnesota State Bar Association in June, 2007. Mr. Kelly obtained his juris doctor degree from Creighton University School of Law in 1975. Mr. Kelly attended National University of Ireland, with honors, and graduated from Marquette University with a Bachelor of Arts degree in 1971. Mr. Kelly is licensed to practice before all Minnesota and Wisconsin courts, the Federal District Courts in both states, the 8th Circuit Court of Appeals, and the Supreme Court of the United States. He has argued cases before the Minnesota Court of Appeals, Minnesota Supreme Court, and the Federal 8th Circuit Court of Appeals. Mr. Kelly's current representation of municipal entities includes the City of Little Canada, the City of Taylors Falls, White Bear Township, Eureka Township and the City of Gem Lake. In addition, his 31 years advising the City of Maplewood made him one of the longest - serving City Attorneys with any one city in Minnesota's history. Mr. Kelly is aware of the importance of well balanced, orderly, affordable and high quality attractive community development. Mr. Kelly, through his prior and current clients, has extensive experience in land use planning, property development, acquiring properties for community projects such as parks, community centers, and public improvements. Mr. Kelly has established relationships with many Members of Congress and Senate, as well as local law makers. He also has a strong relationship with financial institutions and recognizes the importance of economic vitality in the community. Mr. Kelly assisted bond counsel for the issuance of debt - related instruments and has provided opinions to clients as requested. He has also provided opinions to various cities regarding procedures and compliance with bonds. In addition, Mr. Kelly is a recognized and sought -after arbitrator of labor contract and employment disputes, as well as being a frequent speaker at local and state bar functions. Mr. Kelly's general counsel practice has included development of employment policies, employee seminars, labor negotiations, general advisory assistance, civil service commissions, and frequent lectures on ethics, sexual harassment and discrimination. Mr. Kelly has also served as President of the Ramsey County Bar Association, and Chairperson of the Second Judicial District Ethics Committee appointed by the Supreme Court of Minnesota. A sampling of appellate cases where Mr. Kelly was lead counsel: Mistelske v. Andover Economic Development Authority, 2004 WL 2793219 (Minn. Ct. App. 2004). Appeal on behalf of business owner whose land was condemned of EDA's denial of relocation benefits. Court of Appeals reversed denial and remanded to EDA for payment. Maplewood Development, Inc. v. City of Maplewood, 1997 WL 785704 (Minn. Ct. App. 1997). Successful defense of City requirement for developer to dedicate a portion of the property for storm water drainage. Summary judgment granted in favor of City at trial level and later upheld by the Court of Appeals. O'Mara v. State of Minnesota/University of Minnesota, 501 N.W.2d 603 (Minn. 1993). Landmark workers compensation case. Obtained reversal of Workers' Compensation Court of Appeals decision denying benefits to claimant. Established definition of "suitable employment." County of Ramsey v. Town of White Bear, 469 N.W.2d 479 (Minn. Ct. App. 1991). Successful defense of appeal by Ramsey County of special assessments imposed by the Township against County property. The Court of Appeals held that the County's property received a special benefit from construction of the water main by the Township. Dege v. City of Maplewood, 416 N.W.2d 854 (Minn. Ct. App. 1987). Successful declaratory judgment action to enforce special use permit. Dege claimed that the City was estopped from enforcing terms of special use permit by revoking building permit for construction of a trailer garage on parking lot. The Court of Appeals held that the City was not estopped from enforcing the terms of the special use permit. Hedlund v. City of Maplewood, 366 N.W.2d 624 (Minn. Ct. App. 1985). Successfully defended City against claim of improper denial of construction variances. Obtained favorable judgments at trial court and at Court of Appeals. Nordgren v. City of Maplewood, 326 N.W.2d 640 (Minn. 1982). Landmark case involving property owner's appeal of cash connection charges. The Court found the charges valid even though they replaced special assessments which had been voided. The Court also held that the City did not violate the order voiding the assessments by imposing connection charges. Patrick Kelly: Driven to Serve With deep roots in St. Paul, MSBA's new president Patrick Kelly has pursued interests and commitments that bond him firmly to his family, his firm, and his community and support him in a career that involves clients locally, nationally, and across the world. atrick Kelly's St. Paul office is deceptively low -key. A model boat on an end table, the requisite wall of diplomas, a desk piled high with paper ... except for a handful of family photos stationed here and there, it could be the office of any lawyer in the country. A small, antique globe gives the only hint of the firm's international reach. Even the attorney behind the desk looks like the standard model: suit, tie, white shirt, silver hair ... and then he opens his mouth and the stories begin to flow. There was the time he was stopped by the British Army on his motorcycle at a roadblock in Ireland during "The 18 Bench &Bar of Minnesota A July 2006 BY AMY LINDGREN Troubles" in that country. And the time he was stranded in the Bahamas during college and had to talk his way home mile by mile without a penny in his pocket. And the time he almost crashed an air- plane at the downtown St. Paul airport. That last one is a good one. Kelly was a young lawyer, not long married, with a yen for adventure. Flying lessons seemed like a safe enough outlet for a man with responsibilities. On this particular day, the goal was to sharpen his takeoffs and landings, down at Holman Field. His wife Mary was waiting for him in the small building that serves as the municipal air- port's lobby and business office. Now the story splits in two. From Pat's perspective, the situation was perhaps serious, but not dire. He brought the plane in too low, or perhaps too fast, or ... in any case, the stall lights came on and he was losing control of the plane and it would take a fair piece of effort and per- haps prayer to bring it right before it would crash into the runway or perhaps even the tenninal. Mary, sitting in the lobby with a host of experienced air personnel, had the benefit of their gasps and exclamations, not to mention the cacophony of alarms ringing throughout the building to help her gauge the seriousness of the situation. www.mnbar.org MSBA President 2006 -07 Even so, somehow she knew everything would be alright, as she always did when Pat was involved. "I remember standing in that lobby in Holman Field and the alarms were going off and people were panicking and I don't know why hut I said, `Don't worry, it's just my husband. "' Mary laughs when she tells that story. From her perspective, then and now, the situation probably was serious, but what could you do? As long as she had known Pat, he had had what she calls "a dan- gerous side," balanced by a "nine lives kind of thing." He took risks but they always seemed to work out. As for Mary, she says she learned early on to give up worrying about her husband. Even so, it's telling to note that Pat quit the fly- ing lessons; not long after, Mary became pregnant with their first child and life got too busy in the Kelly household for those kinds of hobbies. Building a Career Today Patrick can stand at the floor - to- ceiling windows in his corner office and watch other pilots land their planes on the same runway he almost crashed into. If he has any regrets about not being in their shoes, you wouldn't know it. Instead of earning a pilot's license, he's been busy building a career. In 30 years with the same firm he has gone from associate to senior partner; this month he also starts his one -year term as president of the Minnesota State Bar Association. It's the latest turn in a professional journey that started in high school, when Kelly began working for his father's construction crew. Although one might expect the owner's son to get preferential treatment, Kelly had the opposite experience. His father's direc- tive: "He always said I had to be a half - hour early to work and stay a half -hour after everyone else left, because I was his son," Kelly recalls. The habit stuck, spilling over into his law practice. "I still carry that today," Kelly notes. "That www.mnbar.org drives them crazy here, especially the young ones. The first face they see in the morning is me and I'm the last one they see at night." Kelly stayed with the construction crew through high school and college, partly because the money was good, and partly because he enjoyed being with the other workers. "I really got a sense of the hard - working American, working a full day at really hard labor," he says. "They were working to get an education for their kids." In 30 years with the same firm he has gone from associate to senior part- ner; this month he also starts his one -year term as president of the Minnesota State Bar Association. Kelly was working toward his educa- tion too, first as a high school student in St. Thomas Academy, and then as a phi- losophy and English major at Marquette University. In between, he took lessons from his blue collar friends on the con- struction crews: How to understand unions, how to keep your mouth shut, how to communicate, how to work hard. He didn't know it at the time, but these were seeds that would later take root in his law practice. Perhaps the seminal college experi- ence for Kelly was the year he spent abroad, at National University of Ireland. If he had been able to get by before on his native intelligence, that ability was severely challenged in this new setting. As he tells it, "The first day I'm dressed in jeans and a t -shirt and I walk into philosophy class and every- one's in black suits. And the professor is lecturing and he says, `We're going to lose too much in translation. We'll just do it in French.' and he switches over to giving the lecture in French. And every- one just followed along. These were really dedicated students — they were just able to do that. We did all the philosophers that way ... Nietzsche in German, Aristotle in Greek ... I just learned to figure things out. I had to." Kelly graduated from college in 1971, when the United States was still involved in Vietnam. He volunteered for the Army, choosing the infantry because he felt "it was the right thing to do," notwithstanding his very good friend who had become a conscientious objector, and other friends who were protesting the war. His two -year tour ended while he was in training in the States, and the Army "downsized" him into the Reserves, where he eventually left with the rank of captain. Near the end of his second year in the Army, Kelly received a call from a former dean at Marquette who was now the vice president of Creighton University. He was recruiting students and wanted Kelly to study there. Abandoning half - formed plans to take an MBA at an East Coast school, Kelly agreed. Three years later he graduated with a J.D. and began practic- ing with Lais, Bannigan & Ciresi in St. Paul, the firm that would eventually become Bannigan & Kelly and then Kelly & Fawcett. Diversity in Practice Kelly's practice today represents an amalgam of his experiences, and those of his predecessors. He inherited from for- mer partners an emphasis on municipal law, but created from his own experience the specialty in labor law, arbitration and litigation. Likewise, working as corporate counsel for the Minnesota State High School League reflects his interests, while the firm's newly developed international outreach is inspired largely by the back- grounds of attorneys working there and July 2006 A Bench &Bar of Minnesota 19 Kelly's initiative. As the firm's brochure notes, five languages are spoken by the employees, and they were recently hon- ored with an award for diversity from the Ramsey County Bar Association. Chad Lemmons, a junior partner at the firm who has known Kelly for 20 years, says his boss is "about the hardest - working attorney I've ever seen," citing as an example the numerous night meetings required by Kelly's municipal clients. As the consulting attorney for White Bear Township and several metro area cities, Kelly regularly attends town board and city council meetings, as well as interim planning sessions for each of these clients. In the case of one munici- pality alone, that means one night a week is spent in a council meeting. As Lemmons notes, "Those meetings can go until 1:00 a.m. in some cases. When you start the day at 7:00, it gets to be a long day." Although Kelly has begun assigning other attorneys to some meetings, he still attends the majority himself. Lemmons doesn't see it as a control issue on Kelly's part but as a genuine desire to serve his clients. Bill Short, the clerk - treasurer of White Bear Township who has worked with Kelly in those board meetings for more than a decade, echoes Lemmons' assess- ment. "One thing is clear to me and the board," Short says. "When he is working on something with us or at a town board meeting, it's the most important thing to him at the moment. He never looks like he's thinking about something else. He's always focused on us and what we need." Until recently, David Thomalla, chief of police for the city of Maplewood, got to see Kelly's work from two perspectives: Kelly was both the city attorney and the prosecuting attorney for Maplewood, allowing him to handle both civil and criminal issues. "That is great for us," Thomalla notes, "because it gives us a one -stop shop in an attor- ney. Some issues tend to blend together, such as liquor license violations. To be able to sit down with one person and deal with one perspective is a time saver and a money saver for the city." Both Short and Thomalla call Kelly innovative and creative in his consult- ing and problem- solving; as chief of police, Thomalla also appreciates Kelly's support of his officers. "He's just a real www.mnbar.org Municipal law is a key element of Patrick Kelly's practice, with result that he spends many evenings at city council and town board meetings around the metro area. Serving a number of municipal clients, he functions in different contexts as city attorney, city prosecuting attorney, and consulting attorney to city police, firefighters, and other first responders. pro - police attorney," he says. "It's tremendous. Pat and his attorneys are willing to take some of the tough cases and follow through. That speaks highly of Pat. It's reassuring that our officers aren't going through the motions and not having their cases resolved." It would be easy to assume that Kelly, whose primary work puts him at a confer- ence table, would have a weak spot when it comes to litigation. According to Terry Foy, who has faced Kelly in court, that would be a mistake. Foy, a shareholder with Ratwik Roszak & Maloney in Minneapolis, says simply: "He is a litiga- tor. He is one of the best cross- examiners I've ever seen." As Foy tells it, "I met Pat in the mid - 90s when we fought a halcyon series of disputes during which we formed a mutu- al friendship and grudging respect for each other. I remember thinking, `This guy is good.' I was representing a munici- pality and he was representing labor. One of the things that impressed me about Pat is that he is an excellent litigator and advocate for his client. But also that he told me early on in our proceedings, `Yeah, we're going to have to work through this, but after it's all done, we're going to have to work on the underlying issues that created these problems.' That showed me that Pat is more than just a lit- igator. He really catches the concept of a lawyer as a problem solver. He under- stands that the employer and union may be battling hammer and tongs, but they still have to work together." Commitment to Community If there's a common theme running through Kelly's work and his firm's mul- tiple practice areas, it would be a com- mitment to community. Kelly asks that each attorney perform a significant number of pro bono hours, as he himself does. He's been offering his services at the Ramsey County Volunteer Attorney Program since 1976 — a fact noted by Patricia Brummer, administrator of that program for Southern Minnesota Regional Legal Services for 40 years, who says, "Boy, is he faithful. I don't remember him ever saying no. I think he puts this pretty high on his list." Ed Cleary, Ramsey County District Court judge and a longtime friend of Kelly's, believes Kelly's commitment to the community comes from a background they share: being raised by strong- willed Irish Catholic fathers who "had strong ways of doing things. Religion played a big part in our fathers' lives and his Catholicism is a strong part of who Pat is," Cleary notes. Cleary got to see Kelly's moral frame- work up close several years ago when he led the Office of Lawyers Professional Responsibility and asked Kelly to head the Ethics Committee for the Ramsey County Bar Association, an organiza- tion Kelly has also served as president. It was a choice Cleary grew to appreciate as he saw Kelly in the role. "I think when it comes to issues of ethics and integrity he is among the finest lawyers in that regard. With Pat it's an everyday thing," CIeary says. Community involvement can take many forms. One interesting outlet Kelly has found is in coaching softball and base- ball over the years. It started with his son Joe's t -ball team and expanded to Little League baseball, all the way up to serving as commissioner of the league. He coached daughter Shannon in t -ball and on the boy's baseball team, and is now coaching his youngest, Brigid, in her fast - July 2006 Bench &Bar of Minnesota 21 If there's a common theme running through Kelly's work and his firm's multiple practice areas, it would be a com- mitment to community. pitch softball team. To date, Kelly has put in nearly two decades of coaching. One sign of his success in this endeavor is the praise . he earns from par- ents of the players. Jane Burd of St. Paul put her young daughter Sarah on Kelly's teams for three years. Kelly's impact on her was indelible. Burd notes in particular Kelly's insis- tence on fairness, and the surprising benefits that can yield. "What is so unique about Pat is that he always rotates every player and everyone gets the same amount of time to play. We were in a second championship game and it was really close. We had two outs and we could have won or lost on a run. At that stage even a good coach would have put in a strong hitter. But Pat's so fair. The batter up was the smallest girl on the team. She hasn't had a hit all sea- son. Not one. But it's her turn and he puts her in, and she hit! He knows that you're only as good as your weakest play- er. So he makes sure that your weakest players get better. He never writes any- one off." Kelly's coaching skills translate to grownups as well. John Quarnstrom, along with others, has experienced Kelly's teaching first hand. Now director of labor relations for the Sheet Metal, Air Conditioning and Roofing Contractors Association, Quarnstrom began his law career as a clerk for Kelly's firm, and stayed on for eight years. In addition to noting Kelly's "amazing abil- ity to get along with anybody," Quarnstrom lauds Kelly for being "a very good boss and mentor. Patrick gave me guidance and pointed out things that needed to change, without being brash or offensive," Quarnstrom says. "He can be very caring." Taking the Helm Kelly's going to need those coaching skills, not to mention stamina and time management, as he takes the helm of the MSBA. Gary Bastian, a Ramsey County trial judge and a good friend, has endured hours of driving to golf courses with Kelly talking on the phone the whole way. It's a price he gladly pays in exchange for having his friend's phone turned off while they make their way around the course. Even so, he expects to see much less of Kelly this year than usual. "It's already started 22 Bench &Bar of Minnesota A July 2006 www.mnbar.org Amy Lindgren is a writer and career consultant based in St. Paul. with his schedule," Bastian notes. "We used to talk a couple of times a week. Now we leave messages a couple of times a week." Sue Holden, Pat's predecessor as pres- ident, can appreciate those comments. After a hectic year that included such unexpected twists as Hurricane Katrina, she is handing the reins to a leader she says "will be very good at this job," and who has "a tremendous sense of humor to help him through any rough spots." For his part, Kelly says he is planning to take the year as it comes, without developing a heavy presidential agenda. Nevertheless, he does have a few areas he intends to promote: Judicial independ- ence, diversity, MSBA's practicelaw.org, and additional services for police officers and military families. Terry Foy, a shareholder with Ratwik Roszak & Maloney in Minneapolis, says simply: "He [Kelly] is a litigator. He is one of the best cross - examiners I've ever seen." However the year turns out, Kelly intends to take a page from his coaching playbook and keep things in perspective. As he says, "I tell the young ladies: `The great thing about baseball is every inning is like a new game. "' Outfielders, do you have your gloves on? Patrick Kelly's at the plate. . Patrick Kelly — A Snapshot PERSONAL 56 years old Married to Mary Kelly (nee Fitzgibbon) Children: Brigid, 12; Shannon, 23; Joe, 24 EDUCATION BA in Philosophy and English, Marquette University, 1971 Honors Program, English and Philosophy, National Univer- sity of Ireland, University College: Dublin JD, Creighton University Law School, 1975 MILITARY SERVICE United States Army, 1971 -1972: 2nd Lieutenant, Infantry United States Army Reserves, Hon. Discharge: Captain, 1984 PROFESSIONAL Kelly and Fawcett, since 1974 - Founding Partner, Kelly & Fawcett, 2000 — Partner, (Bannigan & Kelly), 1986-2000 - Partner, (Lais, Bannigan & Ciresi), 1980 -85 — Associate, (Lais, Bannigan & Ciresi), 1975 -1980 Areas of practice: Municipal law, labor and employment law and litigation, real estate, administrative hearings BAR ADMISSIONS United States Supreme Court U.S. Court of Appeals, 8th Circuit U.S. District Court, Minnesota Minnesota Wisconsin MINNESOTA STATE BAR SERVICE President, 2006 -2007 Treasurer 2004 -2005 Secretary 2003 -2004 Member, House of Delegates, 2000 -2003 RAMSEY COUNTY BAR SERVICE President, 2002 -03 Treasurer, 2000 -2001 Secretary 1999 -2000 Member, Ethics Commitee, 1994 -1998 Chair, Ethics Committee, 1998 -2002 Member, Ramsey County Bar Foundation, 2002 -03 OTHER ORGANIZATIONS SERVED Minnesota Trial Lawyers Association Minnesota State High School League, Ad Hoc Committee on Sexual Harassment / Sexual Violence Southern Minnesota Regional Legal Services / Ramsey County Volunteer Attorney Program Washington County Banks, founder and board member COMMUNITY SERVICE Holy Spirit Catholic Church, Finance Committee Chair, 1985 -1992 Holy Spirit Catholic Church School Board 1985 -1990 Minnesota Little League, coach, 1990 -1993 Minnesota Little League, Commissioner, 1993 -1995 Hightower Babe Ruth League (girls' softball), President, 1995 -1998 Hightower Babe Ruth League, coach, 2002 - present Minnehaha Academy Middle School, assistant girls' softball coach, 2006 www.mnbar.org July 2006 • Bench &Bar of Minnesota 23 Patrick KeIIy: Family Man Patrick Kelly, it would seem, is the original rnultitasker, finding time to be with his kids while maintaining a schedule that sees him at the office or at meetings at all hours. Far from resenting it, all three of his offspring — Joe, 24, Shannon, 23, and Brigid, 12 — delight in sharing time with him. As Shan- non says, "I never felt less imporant than his work. He's really good at incorporating family time with whatever he has on his plate." One of Kelly's secrets for family bonding is his creation of unique traditions. According to his wife Mary, a Special Edu- cation professional for the St. Paul School District, Kelly has always appreciated the power of ritual, from lighting candles at Mass to saying his prayers, which he still does each evening. His family rituals tend to take a less serious tone. There's the morning when he pulls up with a car full of petunias and At home, Shannon says, her father favors Irish music played so loudly she has to holler to be heard. She also remembers her sister's baby years, when her father would play Frank Sinatra while singing and dancing for Brigid. Now that she's 12, Brigid likes to make up dances with her father. "A couple of years ago," she recalls, "he found a Brave - heart CD that had the coolest song on there — just drums. My dad and I made up a dance where we would come running in from different parts of the house with our arms swinging and dance together. We showed all my friends and my mom. I bet we showed her that dance 50 times." Brigid is also enjoying learning the game of golf from her dad, calling him "one of my role models in the game." At 24, Kelly's son Joe is a bit more reserved in his judgment of his father's skills. Asked how he is as a golfer, Joe hesitates a impatiens for the front walks. That's how Shannon knows it's officially spring. There's the Christmas lights that go up in early December and stay until late January — a riotous collec- tion of bulbs adorning every bush, tree and architectural fea- ture, all plugged into timers staged for different hours of the evening. And then there are the Tiki torches, a blazing cele- bration Kelly planted in the front lawn each time he went to retrieve either Joe or Shannon on breaks from college. The torches, which stayed lit for 24 hours, announced to the kids' friends that they were home and ready for company. The hospitality at the Kelly house is well -known to kids and adults alike. As their friend Father Thomas Hunstiger describes it, "The doors of the Kelly household are always open to anybody. It's one of those places where you can drop by on a moment's notice and feel welcome." In addition to family time, such as the wicked poker games which he tends to win, Kelly also ensures that each child gets special attention. For Shannon, concerts were often the occa- sion for time with Dad. "He's been taking me to live concerts since I was five," she says. "He was always the chaperone for my friends too, so he sat through some pretty awful music." 20 Bench &Bar of Minnesota A July 2006 You might consider Pat Kelly a baseball and softball fan, given that his resume includes 15 years' service coaching his kids and others' on various youth teams and serving as both commissioner of the Minnesota Little League and president of the Hightower Babe Ruth League. "He knows that you're only as good as your weakest player," says Jane Burd, mother of one of his players. "So he makes sure that your weakest players get better. He never writes any- one off." moment before selecting the right answer. "Well, you can tell that he works a lot." Apparently Joe means his dad is getting more of a workout than the other golfers on the fairway — a circumstance that earned him the name Machine Gun Kelly from the grounds crew when the two were at a Florida course. Even so, Joe admires his father's poise. "It's got to be frustrating hitting 12 balls off the first tee, but he just grabs another ball and hits away," Joe says. "He never throws his clubs or shows any sign that he's getting mad." If Joe doesn't aspire to his father's golf game, he certainly draws lessons from him otherwise. Like Shannon, who says "If I'm half the person he is I would be so proud," Joe says of his dad, "If there's any one person that I would say is my hero, it would be him. I remember being real little and see- ing him argue in court and having his client come up, thanking not just my father but also my mother and me, for having such a great father. When you see just how much people appreciate what he does, you think `If I could be half as passionate about my work as he is, I could make such a difference. "' www.mnbar.org About Trevor Oliver Mr. Oliver joined Kelly & Lemmons in June, 2005, after four and a half years on active duty with the Army practicing law as an officer in the Judge Advocate General's Corps. Mr. Oliver serves as the firm's lead prosecutor for the City of Little Canada (and previously for the City of Maplewood), and has been Patrick Kelly's primary assistant on city attorney work for Little Canada, Taylors Falls, White Bear Township, Eureka Township and Maplewood. Since the firm has begun its representation of the City of Gem Lake, Mr. Oliver has been the firm's primary attorney providing services to the city, especially in connection with the multiple annexation cases filed shortly before the city hired our firm. In a project started as part of addressing the annexation petitions, he is working with the City Council and Planning Commission on overhauling the City's zoning code and land use laws, which have been a historical point of friction between the City and its citizens. Mr. Oliver is the regular City Attorney appearing at Gem Lake public meetings upon request. He also continues to be the primary municipal law assistant to Mr. Kelly for our other municipal law clients, where he attends public meetings for which Mr. Kelly is unavailable. Mr. Oliver serves as our lead litigator on behalf of our municipal clients, most recently producing a favorable resolution for the City of Little Canada in a long - running dispute with the City of Vadnais Heights over sewer payments to the Metropolitan Council. In his related role as litigation counsel for Minnesota Teamsters Local 320, he has successfully defended the union against a discrimination claim (in conjunction with the League of Minnesota Cities, who defended the city involved), obtained a substantial settlement for a group of court employees in a labor contract dispute with the State of Minnesota, and has argued cases before the Court of Appeals relating to municipal labor issues on behalf of the union. Mr. Oliver obtained his J.D. from the University of Minnesota Law School in 2000, graduating cum laude and serving as an assistant articles editor of the Minnesota Law Review. He graduated from the University of Chicago in 1997 with a B.A. in political science. Mr. Oliver is licensed to practice before all Minnesota courts and the Federal District Court for the District of Minnesota. About Christine Swanson Ms. Swanson is an Associate at Kelly & Lemmons, joining the firm in 2006. She obtained her J.D. from the William Mitchell College of Law in 2004, and received a B.A. from Macalester College in 2001. Ms. Swanson is a member of the Minnesota bar. Since joining the firm, Ms. Swanson has assisted Patrick with contract and land use matters for White Bear Township, Eureka Township, Taylors Falls, and the Minnesota State High School League. In 2008, she spearheaded an effort to coordinate an orderly annexation between Eureka Township and the City of Lakeville in which talks had stalled. Ms. Swanson was able to get the negotiations back on track and obtain favorable financial compensation for the Township as part of the annexation. Ms. Swanson has also taken on prosecution responsibilities with Mr. Oliver after our firm assumed Little Canada's prosecution duties in February, 2008. Ms. Swanson also provides advice and counsel to our private clients on comprehensive plan amendments, zoning ordinances and moratoria, special and conditional use permits, and building regulations. She also handles litigation on behalf of private clients regarding land use issues, regulatory takings, and property damage. Prior to joining Kelly & Lemmons, Ms. Swanson served as a clerk in the Minnesota Tax Court, providing research, writing and case management assistance to the judges of that court with tax assessment appeals and other tax court matters. The Law Clerks and Assistants of Kelly & Lemmons, P.A. Kelly & Lemmons, P.A. uses the services of law clerks and assistants to assist the attorneys in their services to our clients. The law clerks are current law students, and they normally provide research assistance, fact - checking, and document preparation for litigation or presentations. Their skilled research assistance helps us economize our services by providing quality research at significantly less cost than our attorneys. The clerks do a significant amount of work for all of our municipal clients and all quickly become familiar with municipal and township law. Our current law clerks are Erin Hooper, Knapp Fitzsimmons, and Vanessa Denis. Ms. Hooper will be starting her third year at the William Mitchell College of Law in the fall, and Mr. Fitzsimmons and Ms. Denis are rising second -year students at William Mitchell. All three plan to work at our offices part-time through the school year. We plan on having Kevin Beck and Joe Kelly join us as associate attorneys in November, 2008, following their admission to the bar in the fall. Both gentlemen are 2008 graduates of the William Mitchell College of Law, and clerked in our office for almost two years. We anticipate that Mr. Beck and the younger Mr. Kelly will join our municipal law practice, both in civil law and prosecution, as they assisted in these areas as law clerks. Both Mr. Beck and Mr. Kelly have assisted in prosecution as student- certified attorneys. Our paralegal and prosecution assistant, Michelle Hagland, handles day -to -day contact with court administration and law enforcement agencies to keep our cases organized and on schedule. Ms. Hagland is a former police officer, serving for 8 years, including service with Coon Rapids and Spring Lake Park. Since leaving active police service, she has worked for over ten years as a litigation paralegal in St. Paul law firms. Ms. Hagland holds a bachelor's degree from Hamline University. Natalie Liffrig and Shima Moolenaar assist the attorneys with day -to -day operations and organization. Both are familiar with municipal work and are comfortable working with City staff. Kelly & Lemmons, P.A. ATTORNEYS AT LAW Patrick J. Kelly pkelly@kellyandlemmons.com July 1, 2008 To the City Council and Staff of the City of Lino Lakes: Thank you for inviting our firm to submit a proposal to provide your City Attorney services. It is always an honor to be considered for a City Attorney position, and we deeply appreciate the opportunity to tell you about our firm. We have worked hard to provide you with an informative and cost - effective proposal for both civil legal services and prosecution. I offer myself as your lead City Attorney for civil services, and Trevor Oliver would be my primary assistant and lead prosecutor. Christine Swanson, my other associate, would also assist us in both areas. We are happy to answer any questions you may have, and hope to see each of you for an interview in the near future. Again, thank you for your consideration. Respectfully yours, KELLY & LE v. Patrick J. Kelly ONS, P.A. 444 CEDAR STREET, SUITE 2350 SAINT PAUL, MINNESOTA 55101 TELEPHONE 651- 224 -3781 FACSIMILE 651- 223 -8019 kellyandlemmons.com Kelly & Lemmons, P.A.'s Qualifications for Lino Lakes Some specific examples of our recent municipal work: • City building construction and joint powers agreements — The City of Gem Lake needed a municipal building after almost 50 years of operating out of private homes and a local car dealership's training room. The Town of White Bear needed to move and renovate the century -old town hall it uses for meetings. Patrick Kelly and Trevor Oliver helped coordinate a joint venture which produced a new joint -use municipal building in March, 2008 for the two governments. Our firm drafted joint powers agreements necessary to make the project possible and assisted the city through the bid and award of the contract for construction. We invite you to contact Bill Short, Clerk/Treasurer of White Bear Township, for more details. • Zoning, platting, and comprehensive plans — Taylors Falls is a growing community which is successfully maintaining a rustic feel consistent with its great scenic location on the St. Croix River. Kelly & Lemmons routinely reviews subdivision and planned unit development proposals for Taylors Falls to ensure that development fits within the City's vision as well as within the law. Our firm can also help during adjustments. Taylors Falls recently adopted a visionary new comprehensive plan, and needed a new zoning ordinance to implement the new items in the plan. Patrick Kelly and Trevor Oliver drafted a zoning moratorium for the city which prevents new large development while the zoning code is under adjustment, but does not prevent homeowners from making needed repairs or changes to their existing homes. We invite you to contact Mayor Mike Buchite or Clerk/Treasurer Jo Everson at the City of Taylors Falls for more details. • Prosecution - We prosecute for the City of Little Canada, a city of approximately 11,000 people which is served by the Ramsey County Sheriff's Department. Prior to that, our firm served as prosecutors for the City of Maplewood from 2000 to 2006. Patrick Kelly helped get a Ramsey County satellite courthouse built in Maplewood in 2005 to aid in handling suburban cases. Over our time with Maplewood, the City's caseload in district court almost doubled. Our firm maintained its high positive disposition rates throughout the period of growth. We invite you to contact the Maplewood Police Chief, David Thomalla, 1830 E. County Road B, Maplewood, MN 55109, (651) 249 -2600. • Annexation defense — Landowners served the City of Gem Lake with four concurrent detachment and annexation petitions in late July, 2006. The City brought in Kelly & Lemmons, P.A. as its city attorney in response. Working with the City and the landowners, we accomplished settlement and /or withdrawal of all the petitions prior to a hearing. We invite you to contact Mayor Paul Emeott of Gem Lake for further details of our work on these cases. • Enforcing /defending ordinances — Patrick Kelly has significant experience enforcing and defending ordinances in court, primarily on behalf of the City of Maplewood during his tenure at that city. A sampling of the reported cases in which Patrick represented cities in court is attached to his biographical page. Maybe more significantly, our client cities have avoided court battles over their ordinances in the past six years. Our firm drafts ordinances for our cities so that the new laws work efficiently, are easily understood by all, and will stand up in court. Kelly & Lemmons is assisting Eureka Township make comprehensive adjustments to its zoning ordinances, and to enforce those ordinances. We invite you to contact Town Board Chairman Jeff Otto for more information. • Economic Development — White Bear Township has run a very successful Economic Development Authority, and Patrick Kelly regularly advises the EDA on the acquisition of land, review of projects, and overall operations. We invite you to contact Bill Short for more details. Our job is to give City leaders their full range of legal options to let you run the City. Whether the task is providing concise and clear advice on a day -to -day basis, quickly answering questions and informing the Council of its legal options at a meeting, or representing the City in civil or criminal matters, it all comes back to helping the City's leaders govern Lino Lakes to the best of their ability. We owe all of our City and Town clients an open line of communication and timely action to make this happen. We offer a general reference for each of our current client cities: Bill Short, Clerk/Treasurer, White Bear Township 1281 Hammond Road White Bear Township, MN 55110 (651) 747 -2750 Michael Buchite, Mayor of Taylors Falls 637 First Street Taylors Falls, MN 55084 (651) 465 -5133 Paul Emeott, Mayor of Gem Lake 4707 Highway 61, #253 White Bear Lake, MN 55110 (651) 747 -2790 Jeff Otto, Eureka Town Board Chair Eureka Township PO Box 576 Lakeville, MN 55044 (952) 469 -8561 Joel Hanson, City Administrator City of Little Canada 515 Little Canada Road Little Canada, MN 55117 (651) 766 -4040 Compensation Proposal Kelly & Lemmons, P.A. submits this proposal in response to both City of Lino Lakes RFPs, for Civil Legal Services and Prosecution Legal Services. In doing so, we are willing to serve in either capacity, or both, as the City may desire. Civil Main Proposal: We have found that hourly billing is the most cost - effective way of providing civil legal services for our municipal clients. We propose to perform the Civil Legal Services as described in the City's request for proposals based upon the following hourly fee schedule: All Attorneys: Law clerks and paralegal: Attend Council or Commission Meetings $ 120.00 per hour $ 60.00 per hour $ 325.00 flat rate (Workshop followed by Council meeting counted as 1 meeting) Retainer alternative: Kelly & Lemmons, P.A. also has used monthly retainer . arrangements with some municipal clients for civil work. Our monthly retainer arrangements normally include meeting attendance as needed and all civil attorney tasks under the RFP, except for two categories: 1) litigation; and 2) work related to land use and development in which the developer has agreed to pay the City's professional services expenses ( "pass- through" billing). We would ask for the ability to bill an hourly rate above for these services. We are open to working out a mutually beneficial retainer plan based on past years' attorney usage if the City desires. Prosecution Main Proposal: For work on prosecution matters, including civil property forfeitures under the criminal codes, Kelly & Lemmons, P.A. uses a hybrid model of hourly billing with a monthly cap. Under this proposal, we charge an hourly rate of $100.00 per hour for work performed by attorneys, and a rate of $60.00 per hour for work performed by law clerks or paralegals. Our monthly billing for services will be capped at a total of $12,000.00 in any calendar month. This plan gives the City budgetary certainty while allowing for cost savings in the event of a "light" month. Expenses would be billed separately from the monthly cap in this proposal, but as the courts transition to using electronic documents and e-mail, prosecution costs are dropping significantly. Billing Kelly & Lemmons normally bills the time of its professional staff in quarter -hour increments. Our firm uses the TABS -3 practice management system, which tracks time and generates bills to all clients which state the date services were performed, the attorney or staff providing the services, a description of each item and the time spent. Our bills normally come in the following format: Date Attorney Time Billed Description Item Amount In addition, we routinely create separate billing files for categories of work or significant projects at the client's request. For prosecution, we have provided our clients with a full accounting of attorney and staff "billing" even when working under flat monthly retainer arrangements. Costs and Expenses It is the policy of Kelly & Lemmons to bill separately for reimbursement of out -of- pocket expenses, whether a flat retainer fee or hourly billing structure is utilized. These costs and expenses will be billed using a narrative description of the event justifying the expense incurred to the appropriate case. Frequent costs include, but are not limited to: Photocopies: Facsimile: Long Distance: Service of Process: Postage: Mileage: $.20 per page. $1.00 per page. As incurred. charge from provider. postage rates in effect IRS standard mileage rates in effect (now $.505 /mile) (note: Kelly & Lemmons does not charge for attorney travel time) More Information About Kelly & Lemmons, P.A. Office location: 2350 UBS Plaza, 444 Cedar Street, Saint Paul, MN 55101 Partners: Associates: Law Clerks: Full -time support: Resources Patrick Kelly Chad Lemmons Trevor Oliver Christine Swanson Kevin Beck Joe Kelly Vanessa Denis Knapp Fitzsimmons Erin Hooper Colleen Hermes (office manager) Michelle Hagland (paralegal /prosecution assistant) Natalie Liffiig (legal assistant) Shima Moolenaar (legal assistant) Kelly & Lemmons keeps ample research tools at its attorneys' disposal. The firm has an active subscription to the Lexis/Nexis research service. In addition to the standard access to state and Federal sources of law, Kelly & Lemmons maintains access to specialized municipal law reporters, labor reporters, and property law encyclopedias within Lexis. Our firm also continues to maintain a current hard -bound library of Northwestern Reporters. In addition, our office maintains subscriptions to several news journals and other periodicals covering municipal issues, including Minnesota Cities, Bench & Bar of Minnesota, and ABA Journal. Our attorneys regularly attend and present at CLE's relating to municipal law, and we maintain a library of the materials from these CLEs. Finally, our location in downtown St. Paul makes it easy for any attorney to get a source not in our office by traveling the short distance to one of several local law libraries. Kelly & Lemmons has a high -speed Internet connection and a fully networked office. We store our client files on a secure central server, allowing all attorneys in the firm access to files at all times. Our office uses Windows - compatible PCs and Microsoft Office productivity software. Each attorney, assistant and law clerk has a computer to work on. All attorneys of Kelly & Lemmons are available to the City of Lino Lakes as needs arise. Every attorney carries a mobile phone, and every attorney and assistant has an e -mail account provided by the firm. We have the information resources necessary to meet almost any response time the City may require. Finally, our greatest resource we offer to municipal clients is our history. Mr. Kelly has over 31 years of experience representing Minnesota municipalities, and in our close -knit firm, his knowledge is available to every attorney. In our institutional experience, our firm has analyzed and advised on almost everything a modern city might encounter. And through treating every legal question as important, we still have the files and memos from those experiences to give us a head start on answering the new questions. Municipal billing as a share of our business Kelly & Lemmons's billings to municipalities constituted 22% of its total billings in 2005, 20% of its total billings for 2006, and 12% of its billing in 2007. We did not perform any prosecution services in 2007. Other Municipal and Government Experience Kelly & Lemmons, P.A. also currently serves as legal counsel for the Minnesota State High School League, and primary litigation counsel for the Minnesota Teamsters Public & Law Enforcement Employees' Union, Local No. 320. Both of these clients enhance our municipal -law experience, and we believe neither representation will conflict with representing the City of Lino Lakes. In the past, our firm has served as Corporate Counsel and Prosecutor to the City of New Brighton, Prosecutor for the City of White Bear Lake, Special Counsel to the City of Osseo on eminent domain matters, and Special Counsel to the City of St. Croix Falls in connection with the Chisago Project and Northern States Power's (Xcel) power line matters. Our firm had a 30 -year relationship with the City of Maplewood, serving as their City Attorney and prosecutor, ending in July, 2006. Conflicts, Ethics and Compliance Regarding conflicts, we do not believe any of our current representations currently conflict with representation of the City or any of its officials. We are not aware of any professional or personal ties to Council members or members of the community which would raise doubts as to our fitness for the job. Kelly & Lemmons, P.A. does represent real estate developers as part of its real estate practice. To the best of our knowledge no developer clients of ours have current projects in City of Lino Lakes. We clearly would not represent any past or current clients on a development within the City if hired as City attorney, and would immediately notify our current development clients of the potential conflict if hired. Our firm keeps an electronic database of current and former clients, which allows us to quickly check for conflicts as needed. As noted above, the firm represents some other public organizations, namely the Minnesota State High School League and Teamsters Local 320. A conflict could arise if employees of the City were to choose Local 320 as a bargaining representative. Should a conflict arise, we would first seek a release of representation from the prior client, if feasible, and look to recommend conflict counsel for the City in cases where releases cannot be obtained. In the past 5 years, just two ethics complaints have been lodged against attorneys of Kelly & Lemmons or Kelly & Fawcett, P.A., our firm name prior to April, 2008. Both were resolved in favor of the attorney at the administrative level with no findings of unethical conduct. Neither the firm nor any of its attorneys have been named as a defendant against a former client in that time period. The firm carries malpractice insurance on all of its attorneys, at policy levels of $2 million per claim and $5 million aggregate. Work in securities law is an exception to our policy, and accordingly we do not advise on securities. Our firm takes pride in its ethical standards and has been honored to have its attorneys sit on the Second Judicial District Ethics Committee each of the last ten years. Kelly & Lemmons, P.A. is an equal - opportunity employer and complies with all applicable Federal and State laws, regulations and codes respecting civil rights. CAMPBELL KNUTSON l'rofessh, City of Lino Lakes Civil Legal Services Proposal July 1, 2008 Contact: Andrea McDowell Poehler 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 Telephone: (651) 452 -5000 Email: apoehler @ck- Iaw.com TABLE OF CONTENTS CAMPBELL KNUTSON Page FIRM PROFILE 1 LEAD ATTORNEY 1 PRINCIPAL ASSISTING ATTORNEYS 2 SUPPORT PERSONNEL 3 OFFICE ORGANIZATION AND SUPPORT CAPABILITIES 4 FLEXIBILITY 4 APPROACH TO SERVICES 4 Resources 4 Accessibility 5 Educating Ourselves and Our Clients 5 Council Meetings 5 Ordinance Drafting 5 Document Review 6 Real Estate 6 Eminent Domain 6 Zoning and Land Use 7 Employment Law 7 Code Enforcement 7 Public Improvements 7 Litigation 8 COMPENSATION 8 CONFLICTS OF INTEREST 9 ETHICS COMPLAINTS 9 CLIENT SUITS AGAINST THE FIRM / INSURANCE 9 COMPLIANCE WITH FEDERAL AND STATE LAWS 9 ATTORNEYS — AREAS OF SPECIALITY 10 ATTORNEY RESUMES 12 REFERENCES 26 MALPRACTICE/LIABILITY INSURANCE CERTIFICATE 29 i CAMPBELL KNUTSON CIVIL LEGAL SERVICES PROPOSAL THE FIRM Campbell Knutson, P.A. focuses on providing municipal clients with competent, prompt, and cost conscious service. Our firm has forged lasting and highly successful relationships with cities as diverse as Lindstrom and St. Louis Park. The firm employs thirteen attorneys and eight legal assistants. Eleven of our thirteen attorneys exclusively represent public sector clients. Approximately 80% of the firm's revenue is generated by our public- sector clients. Our office is located in Eagan, Minnesota, just south of Interstate 494. Campbell Knutson provides city attorneys for Big Lake, Braham, Burnsville, Cannon Falls, Chanhassen, Edina, Elko New Market, Falcon Heights, Farmington, Hampton, Lakeville, Lindstrom, Long Lake, Monticello, Mora, Orono, Plymouth, Randolph, St. Louis Park, Stillwater Township, Woodland, and Zimmerman. As a result, our attorneys and staff are well versed in the issues facing cities of all sizes at every stage of growth or development. One of the hallmarks of Campbell Knutson's municipal practice has been the ability to combine our municipal law expertise with service carefully crafted to match each city's unique structure and governance style. It is this flexibility and proven adaptability that set Campbell Knutson apart and make our firm a good match for Lino Lakes. LEAD ATTORNEY Andrea McDowell Poehler. If selected, Andrea will serve as Lino Lakes' primary city attorney. Andrea is a shareholder of the firm and provides general municipal services for all of the firm's clients. Currently city attorney for Burnsville and Elko New Market, Andrea specializes in representing medium -sized rural and suburban cities. She also 1 CAMPBELL KNUTSON represents Farmington EDA and attends Lakeville Planning Commission meetings. In the last three years, 95 percent of Andrea's total work was in municipal law. For Lino Lakes, Andrea will provide all general legal services, including land use and development. Most significantly, Andrea will work to ensure Campbell Knutson is efficiently meeting all of Lino Lakes' expectations. While Andrea will manage all legal services provided to Lino Lakes, other attorneys will be called upon to serve in their specialized areas and to improve our service to Lino Lakes. PRINCIPAL ASSISTING ATTORNEYS Thomas M. Scott. Tom provides general municipal services for all of the firm's clients. Tom will be Andrea's principal "back -up" in her absence. An accomplished litigator, Tom handles appeals, eminent domain, land use, relocation benefits, construction disputes, special assessment appeals and other civil litigation for our municipal clients. In addition, Tom is the St. Louis Park city attorney and is regularly retained as defense counsel by the League of Minnesota Cities Insurance Trust. Approximately 80 percent of Tom's total work was related to municipal civil work in the last three years. Tom will handle civil litigation for Lino Lakes. Roger N. Knutson. Throughout Roger's thirty plus years of practice, he has been involved with representing municipal governments. Currently the principal attorney for Cannon Falls, Chanhassen, Edina, Falcon Heights, Lakeville, Plymouth, and several small communities, Roger specializes in representing suburban cities. Because of his extensive employment law background, Roger will provide Lino Lakes with legal services in any employment or labor matters. Roger will also be available to Lino Lakes for general consulting. 2 CAMPBELL KNUTSON Joel J. Jamnik. Joel provides general municipal services for all of the firm's clients. Currently the city attorney for Braham, Farmington, Lindstrom, Long Lake, Monticello, Mora, and Woodland, Joel specializes in representing medium -sized rural and suburban cities. Prior to joining the firm, Joel spent seventeen years at the League of Minnesota Cities. At the League, Joel served as Legislative Counsel and Senior Intergovernmental Relations Representative. He was the lead author of the Handbook for Minnesota Cities from 1983 to 1997. Soren M. Mattick. Soren joined the firm in 2000 after spending three years with the Rice County Attorney's office. Drawing on that experience, Soren is extensively involved in code enforcement matters and assists with criminal prosecution. Soren also practices general municipal law and is the lead attorney for the cities of Big Lake, Hampton, Orono, and Zimmerman. He is also the lead attorney for Stillwater Township. SUPPORT PERSONNEL Campbell Knutson employs eight legal assistants and a receptionist who assist the attorneys in providing quality legal and clerical services to our clients. Campbell Knutson has made a commitment to serve municipal clients in a timely and cost - effective fashion. One of our strengths is our ability to respond quickly to our clients' needs regarding deadlines. ASSIGNED STAFF. Carole Hoeft. Carole is Andrea's legal assistant and works with many of Campbell Knutson's municipal clients. She is experienced in all areas of document preparation and works closely with county recording offices and other agencies. She will coordinate with Lino Lakes' staff to streamline our lines of communication and will assist Andrea and other attorneys on Lino Lakes' projects. 3 CAMPBELL KNUTSON OFFICE ORGANIZATION AND SUPPORT CAPABILITIES We have developed internal policies which are designed so that our clients receive the best possible legal services, quickly and efficiently. The municipal law attorneys and staff have developed an extensive document and form file which saves our clients substantial legal fees. In addition, because the documents have been modified and refined over the years, our clients do not find their actions subject to challenge because of drafting or technical errors. We are acutely aware of the special laws, rules and regulations which apply to municipalities, and our documents are drafted accordingly. FLEXIBILITY Campbell Knutson is committed to assigning our staff as outlined above; however, the firm is also committed to client satisfaction. As we continue to work with Lino Lakes, we will adapt to suit the City's distinct character and vision. APPROACH TO SERVICES Campbell Knutson offers a wealth of municipal experience and legal expertise in the areas crucial to cities. More importantly, our size and dedication to customized legal service promise to exceed Lino Lakes' expectations. We work hard to understand and represent the views of the community we represent rather than employing a standardized system carried over from one community to the next. RESOURCES. Because of Campbell Knutson's municipal focus, our attorneys have ready access to countless research memoranda, ordinances and contracts and agreements. The firm not only maintains a comprehensive legal library but also subscribes to virtually every specialty publication relating to municipal practice. The firm makes extensive use of the Westlaw on -line data base. Our experience and our resources allow us to provide incredibly prompt responses. 4 CAMPBELL KNUTSON ACCESSIBILITY. Key to a successful attorney -city relationship is accessibility and regular contact. For Andrea and other members of the firm, this means quick email responses and virtually continuous availability via office or cell phone during regular business hours. On the rare occasions when Andrea will be unavailable, the city can turn directly to Tom Scott or any other attorney in our office for an immediate response. EDUCATING OURSELVES AND OUR CLIENTS. Attorneys. Continuing education is critical to the firm's goal in providing quality legal representation to its municipal clients. The firm's municipal lawyers attend on an annual basis the League of Minnesota Cities City Attorney Update and the League of Cities Legislative Update. Our attorneys regularly attend the International Municipal Lawyers Association conference. Other training includes attendance at the ALI -ABA land use conferences, Eminent Domain seminars and MBLE Real Estate seminars. Clients. Driven both by professional dedication and personal interest, the firm keeps close watch on all pending and passed legislation of importance to local governments. The firm delivers timely updates and cogent analysis to all of its clients. As a result, we will keep Lino Lakes' Code and procedures fully up to date. We do not bombard clients with useless information. We send out updates on an individualized basis. The firm also regularly provides training to city employees on legal issues. COUNCIL MEETINGS. Andrea will attend all Monday evening meetings as well as other commission or committee meetings, as requested. Andrea is familiar with parliamentary rules and open meeting laws. We recognize the importance of an immediate answer or update and are committed to preparing for and attending Lino Lakes' meetings. ORDINANCE DRAFTING. The firm takes a pro- active approach toward ordinance review and drafting. More than almost any other area, ordinance drafting can transform a CAMPBELL KNUTSON seemingly insignificant word or phrase into a major unforeseen problem. Accordingly, when drafting an ordinance, our firm works and re -works the language, compares it to that found in numerous other city codes, and checks relevant case law. The rigorous process generates ordinances that are easily put into practice and that minimize future risks. The firm has assisted several cities in the process of codifying ordinances and is familiar with code overhauls and maintenance. DOCUMENT REVIEW. As alluded to above, Campbell Knutson has drafted and reviewed all types of development and redevelopment documents, real estate title and transaction documents, municipal policy manuals, municipal governance documents and more. In responding to a document drafting or review request, the firm will draw on this vast collection to efficiently and effectively produce a quality product. Andrea's background and municipal experience ready her for changes in the law and wholly novel approaches. REAL ESTATE. The firm is well prepared to handle all of Lino Lakes' day -to -day real estate transactions. The firm has successfully handled multi - million dollar development agreements, park and redevelopment property acquisitions, easements and leases for many of our municipal clients. The firm knows technical requirements as well as the practical mechanics of real estate transactions. The firm has several experienced paralegals with a thorough knowledge of real estate document preparation and document recording. EMINENT DOMAIN. The firm has successfully managed the acquisition of a wide variety of properties by eminent domain. Although each acquisition presents distinct issues and calls for a somewhat unique approach, the firm attempts to facilitate careful planning at the earliest possible stages of an acquisition and, as a result, properties can often be acquired through astute negotiation. When it cannot, however, the firm will acquire the property through formal condemnation. Over the years, the firm has faced virtually every CAMPBELL KNUTSON permutation of an eminent domain proceeding and will effectively advise and represent Lino Lakes. ZONING AND LAND USE. Zoning and land use law requires meticulous drafting and interpreting skills as well as a broad background in administrative and procedural requirements. By working with its municipal clients, the firm has become highly skilled at navigating through complex state and local zoning regulations. In addition to advising cities on zoning and land use matters as they come up, the firm often preemptively suggests and drafts zoning code amendments. EMPLOYMENT LAW. Both Roger Knutson and Andrea Poehler have significant experience in labor and employment law which allows them to spot problem areas, evaluate issues, and rapidly recommend the best solution, be it policy changes or arbitration. Roger and Andrea handle employment and labor issues for all of our municipal clients and regularly advise clients on benefit issues, including HIPAA. Roger has also drafted many of the employment policies and manuals for firm clients. Andrea handles many of the employment investigations for our municipal clients. CODE ENFORCEMENT. Campbell Knutson also offers both civil and criminal zoning enforcement. The firm has prosecuted numerous code violations and has also used civil actions to gain compliance. As soon as a code violation is forwarded to our office, we conference with City staff to determine what is needed for compliance and to determine a reasonable time period for achieving code compliance. PUBLIC IMPROVEMENTS. The firm has extensive experience in every aspect of public improvements including real estate acquisition, condemnation, process issue, financing and special assessment appeals. The firm is involved in numerous projects on an ongoing basis. 7 CAMPBELL KNUTSON LITIGATION. Campbell Knutson is retained by the League of Minnesota Cities Insurance Trust (LMCIT) to defend member cities. Campbell Knutson has experienced attorneys who have defended numerous cities in a wide variety of lawsuits. Among the cases handled recently, the firm successfully defended a takings claim against Robbinsdale, a relocation benefits challenge against Chanhassen, a billboard taking claim brought by Clear Channel against St. Louis Park and a lawsuit by Pawn America challenging the adoption of an Interim Ordinance. Along with this first -rate litigation service, the firm will scrutinize potential lawsuits, advise the City, and minimize the risks of litigation. COMPENSATION We propose the following rates: Attorneys $ 150.00/hour Legal Assistants /Law Clerks: $ 70.00/hour Minimum increment of time for billing is .20 /hour. We bill pass - through matters where the city is reimbursed from a developer or other third party at our attorneys' regular pass - through rates. COSTS: The City will be billed for the firm's out -of- pocket costs according to the following schedule. • Photocopies: $.20 /page • Westlaw research: actual cost • Postage over $.50: actual cost All other filing, recording or miscellaneous litigation costs would be billed to the City at their actual costs. No other charges, including for postage under $.50, would be billed to the City. Campbell Knutson is committed to providing complete billing statements as requested by Lino Lakes. 8 CAMPBELL KNUTSON CONFLICTS OF INTEREST Campbell Knutson does not currently have any clients in conflict with Lino Lakes and has not represented any client in conflict with Lino Lakes. As our firm focuses on municipal law, we do not represent any real estate developers and thus, we do not take positions contrary to municipal interests either locally or in a broader context through court cases or lobbying. There is no reason our firm will have a conflict of interest that would impair our representation of Lino Lakes. Prospective clients are checked for conflicts prior to the creation of any attorney - client relationship. ETHICS COMPLAINTS No member of the firm has been subject to disciplinary action by the Lawyers Professional Responsibility Board in the last five years. There are no actions pending or currently under review by the State Ethics Board. CLIENT SUITS AGAINST THE FIRM / INSURANCE The firm has not been a defendant in a suit brought by a client in the last five years. The firm's malpractice carrier is Minnesota Lawyers Mutual. COMPLIANCE WITH FEDERAL AND STATE LAWS The firm is fully compliant with state and federal laws, including EEOC, human rights, and data practices. 9 Attorney Name ATTORNEYS - AREAS OF SPECIALTY Shareholders Practice Areas CAMPBELL KNUTSON Campbell, Thomas J. Shareholder Banking Business Estate Planning Real Estate Knutson, Roger N. Shareholder General Municipal Labor and Employment Land Use Scott, Thomas M. Shareholder Construction Law Eminent Domain General Municipal Land Use Litigation Knetsch, Elliott B. Shareholder Criminal Prosecution General Municipal Litigation Jamnik, Joel J. Shareholder Poehler, Andrea McDowell Shareholder Mattick, Soren M. Shareholder 10 General Municipal Labor and Employment Land Use Utility and Telecommunication Regulation General Municipal Labor and Employment Land Use Real Estate General Municipal Labor and Employment Land Use Litigation/Code Enforcement Real Estate Attorney Name Associates Practice Areas CAMPBELL KNUTSON Kelly, John F. Associate Banking Business Real Estate Schaeffer, Henry A. ( "Skip ") Associate Criminal Prosecution Schwartz, Alina Associate Criminal Prosecution Edmunds, Samuel J. Associate Criminal Prosecution General Municipal Land Use Litigation Kirchoff, Cynthia R. Associate General Municipal Labor and Employment Land Use Real Estate McCarron, Marguerite M. Associate Criminal Prosecution 11 CAMPBELL KNUTSON ATTORNEY RESUMES THOMAS J. CAMPBELL tcampbell(a�ck- law.com (651) 234 -6235 EDUCATION Tom graduated from St. John's University in 1960, and the University of Minnesota Law School in 1963 PRACTICE AREAS Tom has extensive experience in banking, commercial real estate, commercial leasing, estate and financial planning, and commercial matters. He has served as a commercial arbitrator for the American Arbitration Association and previously served as Burnsville City Attorney. PRESENTATIONS Tom has lectured to several groups on estate planning matters, including trusts and wills. 12 CAMPBELL KNUTSON ROGER N. KNUTSON rknutson@ck-law.com (651) 234 -6215 EDUCATION J.D., cum laude, University of Minnesota Law School, 1972 B.A., St. Olaf College, 1967 CITY ATTORNEY Cannon Falls, Chanhassen, Edina, Falcon Heights, Lakeville, and Plymouth EXPERIENCE After law school, Roger joined the South St. Paul firm of Grannis & Grannis when he began his public law practice. In 1986, he joined Campbell, Scott & Fuchs, now known as Campbell Knutson. PRACTICE AREAS PRESENTATIONS Roger has extensive experience advising elected and appointed city officials and staff on all aspects of municipal law. Specializing in land use law, Roger has been retained by numerous cities throughout the state for consulting and special projects. Roger has lectured to state and national planning associations, the League of Minnesota Cities, the Minnesota Township Association, I.C.M.A., The Sensible Land Use Coalition and attorney groups. His recent presentations include: • CLE, 2005 Zoning, Planning and Land Development in Minnesota - Overview • CLE, 2005 Land Use - Religious Land Use and Institutionalized Persons Act • Minnesota Association of Townships, 2005 Legal Seminar - Making a Sustainable Record in Land Use Matters • CLE, 2004 Legal Issues Involving Minnesota Local Government - Local Government and the Law - Land Use and Planning Issues • 2004 League of Cities, City Attorney Update - The Environmental Review Process 13 CAMPBELL KNUTSON • 2005 Real Estate Institute - Development Contracts • 2006 League of Cities, City Attorney Update - Interacting with the City Council PROFESSIONAL Minnesota Association of City Attorneys (Past- President) MEMBERSHIPS American Planning Association International Municipal Lawyers Association (Zoning Law Committee) RATING Minnesota State Bar Association (Public Law Section) Dakota County Bar Association Sensible Land Use Coalition (Vice President and Director) Roger is listed in the Business Guidebook to Law & Leading Attorneys as a "Super Lawyer." Martindale- Hubbell Law Directory awarded him an "AV" rating, the highest possible rating with regard to legal acumen and ethical practices. 14 CAMPBELL KNUTSON THOMAS M. SCOTT tscott(&,ck- law.com (651) 234 -6218 EDUCATION J.D., cum laude, William Mitchell College of Law, 1978 B.A., University of Minnesota, 1974 CITY ATTORNEY St. Louis Park EXPERIENCE PRACTICE AREAS Tom began his career as an attorney in private practice at the South St. Paul law firm of Grannis & Grannis. In 1986, he co- founded Campbell, Scott & Fuchs which later became Campbell Knutson. In addition to practicing general municipal law, Tom manages litigation for the firm's municipal clients, including condemnation, zoning and land use litigation, assessment appeals and construction matters. Tom regularly defends municipalities for the League of Minnesota Cities Insurance Trust (LMCIT). PROFESSIONAL Minnesota State Bar Association MEMBERSHIPS Hennepin and Dakota County Bar Associations Sensible Land Use Coalition Citizens League Minnesota Association of City Attorneys International Municipal Lawyers Association 15 CAMPBELL KNUTSON ELLIOTT B. KNETSCH EDUCATION eknetsch(aick -law. com (651) 234 -6233 J.D., cum laude, William Mitchell College of Law, 1985 B.A., Gustavus Adolphus College, 1980 Majored in Criminal Justice CITY ATTORNEY Lead prosecutor for Burnsville, Cannon Falls, Chanhassen, Farmington, Hampton, Lakeville and Plymouth EXPERIENCE PRACTICE AREAS Elliott joined Grannis & Grannis after law school and moved to Campbell, Scott & Fuchs, the firm that would become Campbell Knutson, in 1989. Before that, he worked at the League of Minnesota Cities defending claims against member cities. Elliott also worked for Senator Rudy Boschwitz in Washington, D.C. Elliott has an extensive background in municipal law. His primary focus is on criminal prosecution and code enforcement. He also handles civil litigation including land use planning and development, assessment appeals, government liability and contracts. PROFESSIONAL CriMNet Task Force Board Member MEMBERSHIPS Minnesota State Bar Association (Public Law and Criminal Law Sections) Minnesota Association of City Attorneys First Judicial District Bar Association Suburban Hennepin County Prosecutors' Association 16 CAMPBELL KNUTSON JOEL J. JAMNIK jiamnikack- law.com (651) 234 -6219 EDUCATION J.D., cum laude, William Mitchell College of Law B.A., St. Cloud State University CITY ATTORNEY Braham, Farmington, Lindstrom, Long Lake, Monticello, Mora, and Woodland EXPERIENCE From 1980 to 1997, Joel served as Research Assistant, Legislative Counsel and finally Senior Intergovernmental Relations Representative for the League of Minnesota Cities. Joel was primarily responsible for city -state relations in the areas of land use, environmental law, criminal law, transportation, personnel, public safety and general governmental policy. He was chief author of the Handbook for Minnesota Cities 1983 -1995. PRACTICE AREAS Joel has an extensive background in municipal law, including lobbying, land use planning and development, zoning, contracts, personnel, data practices, and ordinance preparation. PROFESSIONAL Minnesota State Bar Association (Public Law Section) MEMBERSHIPS Dakota County Bar Association Minnesota Association of City Attorneys International Municipal Lawyers Association 17 CAMPBELL KNUTSON ANDREA McDOWELL POEHLER EDUCATION apoehler@ck- law.com (651) 234 -6224 J.D., cum laude, William Mitchell College of Law, 1991 B.A., (dual major in English and Mathematics) St. Olaf College, 1986 CITY ATTORNEY Burnsville and Elko New Market EXPERIENCE Before joining the firm in 1993, Andrea clerked for the Honorable Jack Davies of the Minnesota Court of Appeals. PRACTICE AREAS Andrea represents the Farmington EDA and attends Lakeville Planning Commission meetings. She acts as an assistant city attorney for all of the firm's clients. Andrea has an extensive background in real estate and employment law. PROFESSIONAL Minnesota Association of City Attorneys MEMBERSHIPS Minnesota State Bar Association (Public Law and Real Estate Sections) Sensible Land Use Coalition American Planning Association Dakota County Bar Association Minnesota Women's Lawyers Association 18 CAMPBELL KNUTSON SOREN M. MATTICK smattick@ck- law.com (651) 234 -6217 EDUCATION J.D., Hamline University Law School, 1997 B.A., Luther College, 1994 CITY ATTORNEY Big Lake, Hampton, Orono, Stillwater Township and Zimmerman EXPERIENCE PRACTICE AREAS PROFESSIONAL MEMBERSHIPS Soren was an Assistant Rice County Attorney from 1997 to 2000, with primary responsibility for land use, waste management, and forfeiture issues. Soren handles code enforcement, vehicle forfeitures, and other general municipal issues. Soren has successfully litigated over one hundred vehicle forfeiture cases and regularly handles court trials, jury trials and other criminal hearings. Minnesota State Bar Association Rice and Dakota County Bar Associations 19 CAMPBELL KNUTSON JOHN F. KELLY jkelly @ck- law.com (651) 234-6213 EDUCATION John received his B.S. degree from the University of St. Thomas and his J.D. degree from the William Mitchell College of Law. PRACTICE AREAS EXPERIENCE John has extensive transactional experience in real estate, commercial and corporate law. He specializes in real estate law, contract law, commercial finance law, real estate leasing (shopping centers, office buildings) and general corporate matters. Since joining Campbell Knutson, John has worked with many of the firm's municipal clients in the areas relating to development contracts, tax forfeit land acquisitions and sales, easement acquisition and the sale of properties. In addition, John represents several banks, developers and other corporate clients. From 1965 to 1974, John was a solo practitioner in Burnsville, Minnesota. From 1974 to 1994, he worked for ITT Real Estate Services, a division of ITT Commercial Finance Corporation, as Senior Associate General Counsel, Vice President and Assistant Secretary. John negotiated, documented, and closed commercial real estate loans, and prepared and negotiated contracts for the sale of real estate and the lease for shopping centers and office buildings. From 1994 to 1995, he was Of Counsel with the law firm Leonard, O'Brien, Wilford, Spencer & Gale. John joined Campbell Knutson in 1995. PROFESSIONAL American Bar Association (Real Property Section MEMBERSHIPS Commercial Finance Service Committee) Minnesota State Bar Association (Business Law Section) Dakota County Bar Association 20 CAMPBELL KNUTSON HENRY A. SCHAEFFER, III hschaeffer@k-law.com (651) 234 -6214 EDUCATION J.D., magna cum laude, William Mitchell College of Law, 1993 B.A., magna cum laude, Hamline University, 1990 ASST. CITY ATTORNEY Burnsville, Cannon Falls, Chanhassen, Farmington, Hampton, Lakeville, and Plymouth EXPERIENCE Henry began his 15 year legal career as a private practitioner in Apple Valley. He eventually became a named partner at McDonough, Wagner, Schaeffer and Ho where he practiced in the areas of family law and criminal defense. In 1995, Henry was awarded a part-time public defender contract in Dakota County. In 2000, he focused his career exclusively in criminal defense when he joined the full -time First District Public Defender's Office. Henry joined Campbell Knutson in 2005. PRACTICE AREAS Henry is full -time prosecutor with Campbell Knutson. His background and passion for criminal law is invaluable in this position. In his legal career, he has handled thousands of criminal cases ranging from speeding tickets to first degree murder. Henry has an impressive litigation record including hundreds of court trials, and countless jury trials. PROFESSIONAL Minnesota State Bar Association MEMBERSHIPS (Public Law and Criminal Law Sections) Dakota County Bar Association Warren E. Burger Inn of Court (1995- 1999). 21 CAMPBELL KNUTSON A]LINA SCHWARTZ aschwartz @ck- law.com (651) 234 -6220 EDUCATION J.D., cum laude, William Mitchell College of Law, 2004 M.A., cum laude, National University of Chernivtsi, Ukraine, 1992 AssT. CITY ATTORNEY Burnsville, Chanhassen, Farmington, Lakeville, and Plymouth EXPERIENCE PRACTICE AREAS Prior to joining Campbell Knutson as a new associate, Alina served as a summer law clerk in the Criminal and Public Safety Divisions in the Minnesota Attorney General's Office. She completed an externship with a Hennepin County District Court Judge and volunteered her legal services at the Volunteer Lawyers Network. Before entering law school, Alina worked as a Project Administrator at Carlson Companies, Inc. Alina successfully briefed numerous criminal issues and has handled a number of court appearances and trials. She also drafts ordinances, purchase and development agreements, and handles other general municipal matters. PROFESSIONAL Minnesota State Bar Association MEMBERSHIPS Hennepin County Bar Association Hennepin County Volunteer Lawyers Network Suburban Hennepin County Prosecutor's Association 22 CAMPBELL KNUTSON SAMUEL J. EDMUNDS EDUCATION sedmunds @ck- law.com (651) 234-6203 J.D., cum laude, William Mitchell College of Law, 2007 M.P.A., Minnesota State University, Mankato, 2006 B.S., Metropolitan State University, 2002 ASST. CITY ATTORNEY Big Lake, Burnsville, Cannon Falls, Chanhassen, Farmington, Lakeville and Plymouth EXPERIENCE PRACTICE AREAS Prior to joining Campbell Knutson as a new associate, Sam clerked at a Minneapolis civil litigation firm. He also completed an externship with a Ramsey County District Court Judge and competed in multiple skills competitions at William Mitchell. Before entering law school, Sam represented Minnesota's college students as chair of Minnesota's statewide student association. Sam has briefed numerous criminal issues and regularly appears in court on criminal and civil matters. He also drafts ordinances, purchase and development agreements, and handles other general municipal matters. In addition, Sam specializes in both code enforcement and vehicle forfeitures. PROFESSIONAL American Bar Association MEMBERSHIPS Minnesota State Bar Association Hennepin County Bar Association Dakota County Bar Association Suburban Hennepin County Prosecutors' Association 23 CAMPBELL KNUTSON CYNTHIA R. KIRCHOFF EDUCATION EXPERIENCE ckirchoff(aick- law.com (651) 234-6232 J.D., William Mitchell College of Law, 2005 M.A., Urban Planning, Minnesota State University, Mankato, 1996 B.A., University of Minnesota, 1993 Prior to joining Campbell Knutson as an associate, Cynthia worked as a law clerk and research attorney for the League of Minnesota Cities. Before working in the legal field, Cynthia worked as a city planner for several cities in the Twin Cities metropolitan area. PRACTICE AREAS Cynthia practices in the areas of general municipal, labor and employment, land use and real estate. PROFESSIONAL MEMBERSHIPS Minnesota State Bar Association Dakota County Bar Association 24 CAMPBELL KNUTSON MARGUERITE M. McCARRON (651) 452 -5000 EDUCATION J.D., William Mitchell College of Law, 1978 B.S., University of Minnesota, 1972 CITY ATTORNEY Prosecution for Cannon Falls, Farmington and Lakeville EXPERIENCE Margie began working for the Ramsey County Public Defender's Office while still a law student, and continued to work for 13 years as an Assistant Public Defender. From 1991 until 2001 she held a part-time appointment as a Ramsey County Conciliation Court Referee. In 1995 Margie joined Campbell Knutson. PRACTICE AREAS PROFESSIONAL MEMBERSHIPS Margie has an extensive background in criminal law, including representation of defendants in felony, misdemeanor, juvenile, and paternity cases; prosecution of defendants in petty, misdemeanor, and gross misdemeanor cases; code enforcement; writing and arguing appeals before the Minnesota Supreme Court. Minnesota State Bar Association Dakota County Bar Association 25 REFERENCES Please contact any of our public clients. City Clients Big Lake Scott Johnson, Administrator 763 - 263 -2107 Burnsville Craig Ebeling, Manager 952 -895 -4465 Chanhassen Todd Gerhardt, Manager 952- 227 -1119 Edina Gordon Hughes, Manager 952- 826 -0364 Farmington Peter Herlofsky, Administrator 651- 463 -1801 Lakeville Steven Mielke, Administrator 952- 985 -4403 Long Lake Steve Stahmer, Administrator 952 -473 -6961 Mora Joel Dhein, Administrator 320 - 679 -1511 Plymouth Laurie Ahrens, Manager 763 -509 -5051 St. Louis Park Tom Harmening, Manager 952- 924 -2500 Zimmerman Dave Earenfight, Mayor 763 - 856 -4666 26 CAMPBELL KNUTSON Braham Sally Hoy, Administrator 320 - 396 -3383 Cannon Falls Aaron Reeves, Administrator 507- 263 -3954 Elko New Market Thomas Terry, Administrator Patricia Nutt, Clerk 952 -461 -2777 Falcon Heights Justin Miller, Administrator 651- 644 -5050 Hampton Timothy Skog, Mayor 651- 347 -8846 Lindstrom John Olinger, Administrator 651- 257 -0620 Monticello Jeff O'Neill, Administrator 763 - 271 -3211 Orono Mike Gaffron, Assistant Admin./ Long Term Strategy 952- 249 -4600 Randolph Sheila Ekstrom, City Clerk 507- 263 -3797 Woodland Shelley Souers, Administrator 952- 474 -4755 CAMPBELL KNUTSON Cities Campbell Knutson Began Representing in the Last Three Years: Edina, Long Lake, Orono and Woodland Cities Campbell Knutson Stopped Representing in the Last Three Years: Greenfield Townships Stillwater David Johnson, Board Member 651- 731 -0321 or 439 -5448 Insurance defense, land use, and zoning League of Minnesota Cities Tom Grundhoefer, General Counsel Doug Gronli, Claims Manager Pete Tritz, LMCIT Director 651- 281 -1200 HRAs and EDAs Cannon Falls Aaron Reeves, Director 507- 263 -3954 Lakeville Steven Mielke, Director 952- 985 -4401 St. Louis Park Housing Authority Tom Harmening 952- 924 -2500 27 Greenvale Edith Nelson, Clerk 952- 652 -2664 Chanhassen Todd Gerhardt, Director 952- 227 -1119 Farmington Tina Hansmeier, Director 651- 463 -1801 Watershed Management Elm Creek Judie Anderson, Exec. Secretary 763 -553 -1144 Gun Club Lake Eric Macbeth 651- 681 -4300 Black Dog Terry Schultz, Administrator 952- 895 -4505 28 CAMPBELL KNUTSON Pioneer —Sarah Creek Judie Anderson, Exec. Secretary 763 -553 -1144 Lower Mississippi River John Sachi, Acting Secretary 651 -450 -8733 I N'S U 2Afi C E CO PANY DECLARATIONS Policy Number 3106 23 333 South Seventh Street, Suite 2200; Minneapolis, MN 55402 (612) 341 -4530 (800) 422 -1370 fax (800) 305 -1510 LAWYERS PROFESSIONAL LIABILITY POLICY (THIS IS A CLAIMS -MADE POLICY - READ CAREFULLY) Item 5. TOTAL NUMBER OF LAWYERS: 13 TOTAL PREMIUM: $20,006 Item 6. Applicable Forms and Endorsements: MLM -19 (7 -03), MLM -32 (10 -07), MLM -2000 (4 -05), MLM- 2003MN (10 -07) In witness whereof, Minnesota Lawyers Mutual Insurance Company has caused this policy to be signed y its President and Secretary and countersigned by a duly authorized agent of the Company. By -34 (5 -94) John J. Bowden, Secretary MINNESOTA LAWYERS MUTUAL INSURANCE COMPANY By R. Bertram Greener, Board of Directors Chairman Authorized Agent DECI5 Item 1. Named Insured Campbell Knutson, Professional Association Office Address 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 Item 2. Policy Period 05/01/2008 to 05/01/2009 (the Effective Date) (the Expiration Date) 12:01 A.M., standard time at the address of the Named Insured stated herein i Item 3. Limits of Liability $ 500,000 Per Claim $ 1,500,000 Aggregate Item 4. Deductible Amount $ 15,000 Per Claim Item 5. TOTAL NUMBER OF LAWYERS: 13 TOTAL PREMIUM: $20,006 Item 6. Applicable Forms and Endorsements: MLM -19 (7 -03), MLM -32 (10 -07), MLM -2000 (4 -05), MLM- 2003MN (10 -07) In witness whereof, Minnesota Lawyers Mutual Insurance Company has caused this policy to be signed y its President and Secretary and countersigned by a duly authorized agent of the Company. By -34 (5 -94) John J. Bowden, Secretary MINNESOTA LAWYERS MUTUAL INSURANCE COMPANY By R. Bertram Greener, Board of Directors Chairman Authorized Agent DECI5 INSURANCE COMPANY Named Insured Endorsement Number Policy Number Policy Period Effective Date of Endorsement The above information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. INDIVIDUAL PRIOR ACTS RETROACTIVE DATE ENDORSEMENT It is agreed the PRIOR ACTS RETROACTIVE DATE for the following individual INSURED(s) are listed below: INSURED Thomas J. Campbell Samuel J. Edmunds Joel J. Jamnik John F. Kelly Cynthia R. Kirchoff Elliott B. Knetsch Roger N. Knutson Soren M. Mattick Marguerite M. McCarron Andrea McDowell Poehler Henry A. Schaeffer Alina Schwartz Thomas M. Scott PRIOR ACTS RETROACTIVE DATE FuII Prior Acts 04/18/07 06/02/97 12/04/95 08/21/06 Full Prior Acts Full Prior Acts 02/05/01 Full Prior Acts Full Prior Acts 01/01/05 04/04/05 Full Prior Acts If 'Full Prior Acts' is designated above, it means the date the INSURED first entered the private practice of law. Words and phrases that appear in all capital letters have special meaning. Please refer to the Definitions section of the policy. M -19 (7 -03) Page 1 of 1 • PROPOSAL FOR CIVIL AND /OR CRIMINAL LEGAL SERVICES CITY OF LINO LAKES • • • • • • • Submitted by the law firm of Sweeney, Borer & Sweeney Professional Association Blacktern Professional Building 3250 Rice Street St. Paul, Minnesota 55126 (651) 222 -2541 (651) 223 -5289 (fax) Contact Persons: Patrick J. Sweeney (psweeney @sbslawoffice.com) Thomas M. Sweeney (tsweeney @sbslawoffice.com) George F. Borer (gborer@ sbslawoffice.com) Dated June 30, 2008 Sweeney, Borer & Sweeney Thomas M. Sweeney Professional Association George F. Borer Attorneys at Law Telephone • Patrick J. Sweeney p Y Blacktern Professional Building (651) 222 -2541 Robin D. Tomney 3250 Rice Street Facsimile Joseph J. Murphy St. Paul, MN 55126 (651) 223 -5289 • • Mr. Gordon Heitke City Administrator City of Lino Lakes 600 Town Center Parkway Lino Lakes, MN 55014 -1182 June 30, 2008 Re: Proposal for Civil and/or Criminal Legal Services • Dear Mr. Heitke: Please find enclosed our Proposal for Civil and/or Criminal Legal Services for the City of Lino Lakes. We believe our substantial experience and expertise in the municipal law area enables us to serve the City of Lino Lakes with the highest degree of professionalism and efficiency. We bring the following qualifications to • the City of Lino Lakes: • • Experience. We are very aware of the issues and problems in Anoka County, since we have practiced civil municipal law in this area for 35 years. Our firm has a combined 80 years of experience in civil and criminal matters in Anoka County. • Commitment. Our firm is primarily dedicated to the practice of local governmental law. The vast majority of our legal work is performed for governmental entities and we are familiar with their goals, needs and expectations. • • Litigation Skills. Our record demonstrates we are aggressive and successful litigators. We have been successful in civil matters in both the state and federal trial courts and in cases before the Minnesota Appellate Court and the Minnesota Supreme Court. Our attorneys have completed more than 50 jury trials. Our criminal prosecution record is outstanding. • • • • Mr. Gordon Heitke June 30, 2008 Page Two • Absence of any of Lino Lakes. In summary, we • confident that Sweeney, the City of Lino Lakes. • • PJS:jnb Enclosures Conflicts. We are not aware of any conflicts between our existing clients and the City would welcome the opportunity to meet with the Mayor and Council Members. We are Borer & Sweeney will provide the most professional and cost effective legal services to If we can provide any further information, please contact me. TABLE OF CONTENTS PROPOSAL FOR LEGAL SERVICES (CIVIL AND CRIMINAL) CITY OF LINO LAKES A. Proposal for both Civil and Criminal Legal Services 1 1. City Attorney — Civil 1 • 2. Prosecuting Attorney — Criminal 4 B. Firm Background 5 1. Brief History of Firm 5 • 2. Attorneys 5 3. Support Personnel 5 4. Support Capabilities 6 5. Office Location 6 6. Technology 6 • 7. Malpractice Claims 6 8. Municipal Law Specialization 6 9. Malpractice Insurance Coverage 6 10. Compliance with Laws 7 • C. Attorney Qualifications 7 1. City Attorney — Civil 7 - Patrick J. Sweeney 7 - Thomas M. Sweeney 8 - George F. Borer 9 • 2. Prosecuting Attorney — Criminal 9 - Patrick J. Sweeney 10 - Joseph J. Murphy 10 - Robin D. Tomney 11 D. Current Public Clients 11 E. References 12 • F. Firm Philosophy 13 G. Malpractice / Liability Insurance 13 H. Conflict of Interest 13 • I. Fees 13 • 1. City Attorney — Civil 2. Prosecuting Attorney — Criminal 3. Billing — General / format J. Conclusion • • • 13 14 14 14 • • PROPOSAL FOR LEGAL SERVICES — CITY OF LINO LAKES A. PROPOSAL FOR BOTH CIVIL AND CRIMINAL LEGAL SERVICES Sweeney, Borer & Sweeney is submitting this Proposal for Legal Services for both City Attorney and Prosecuting Attorney. Our extensive experience in both civil and criminal matters, as specifically set forth below, illustrates that Sweeney, Borer & Sweeney is uniquely qualified to serve as Lino Lakes City Attorney relative to both civil and criminal matters. 1. City Attorney — Civil Sweeney, Borer & Sweeney specializes in all aspects of municipal law, including zoning, platting, land development, condemnation, litigation, environmental law, employment law, drafting municipal laws and charters, HRA and EDA representation, contract law, and all related municipal activities. Sweeney, Borer & Sweeney's experienced staff of attorneys and other professionals take pride in the • firm's broad understanding of the legal, political and economic concerns facing local governmental units in Minnesota. The members of our firm have a combined eighty years of experience in civil municipal representation. We have had extensive experience since 1965 in routine legal matters, such as, preparation of resolutions and ordinances, the review of contracts involving municipalities, the preparation of oral and written legal opinions relating to the interpretation of statutes, ordinances, • charters, rules and regulations, and the resolution of legal questions that occur on a daily basis in a municipality. • • • We have frequently drafted ordinances for our cities covering the full range of municipal concerns. Our drafting experience includes the supervision and completion of the recodification of the Shoreview Municipal Code in 1971, the recodification of the Blaine Municipal Code in 1980 and 2004, the preparation of numerous amendments to the Blaine City Charter, and the preparation and negotiation of Development Contracts, Special Use Permits, and Planned Unit Development Agreements with developers. An example of our ordinance drafting included an adult use ordinance which was drafted for the City of Blaine resulting in a Summary Judgment of Dismissal in favor of the City against the operator of an adult bookstore, who had sued the City for alleged constitutional violations. We have negotiated and drafted agreements between a city and school district pertaining to the construction of a civic center -ice arena facility. We have represented cities in many projects relating to the use of public financing, including industrial development bonds, commercial development revenue notes, municipal housing programs, and tax increment financing. Our firm provides specialized economic development and redevelopment advice to our municipal clients. We have extensive experience in the following areas: • Preparation and negotiation of development and redevelopment contracts for both commercial • and residential projects; • • Acquisition of property for development and redevelopment by direct negotiation, purchase, and • eminent domain for eventual transfer to developers (the Northtown Redevelopment Project is an example of this type of project, which resulted in the construction of a senior citizen facility and extensive commercial retail properties); • • • • • • Acquisition of property by condemnation proceedings, including numerous commissioners hearings, District Court trials and appeals. (Pat Sweeney concluded a five day jury trial in our most recent case of this type which involved the construction of a frontage road west of Highway 65 in Blaine. The jury returned a verdict of $194,000.00, which was over $1,000,000.00 less than the amount demanded by the property owner); • Relocation services for displaced owners; • Real Estate Title examination and extensive work with Title Companies relating to complex title issues relating to development; • Quiet Title actions, Torrens proceedings and other real estate actions relating to development and redevelopment; • Advice on tax increment financing issues; • Preparation and enforcement of ordinances relating to land use issues and development; • Negotiation and preparation of Joint Powers Agreements relating to development and operation of public buildings, including public ice arenas, athletic facilities, and other public projects; • Participation in all aspects of several large redevelopment projects including senior housing projects, the largest amateur sports complex in the State of Minnesota, a nationally known PGA golf course, several retail commercial projects, and numerous residential, commercial, and industrial projects; and • Advice to our clients in all aspects of platting, land use, zoning, comprehensive plan, and • subdivision issues which cities face on a daily basis. We have prepared agreements between municipalities and the federal and state governments relative to EPA and PCA grants and Farmer's Home Administration loans and grants. We have negotiated and prepared joint powers agreements between cities for law enforcement, fire protection services, and joint • use of sewer and water improvements, and agreements between municipalities and architects, engineers, and contractors relative to the construction of public improvements and municipal buildings. Our firm has been involved in the complete legal process pertaining to the construction of public improvements, including storm drainage projects, and the assessment thereof, and acquisition of the • necessary right -of -way by negotiation or by exercise of the power of eminent domain. We have negotiated the acquisition of real property for municipal facilities and city parks. We have prepared and 2 negotiated contracts between cities and contractors pertaining to services provided to the municipality, such as, the collection of refuse and the cutting and removal of diseased trees. We have also participated • in the negotiation and drafting of collective bargaining agreements between cities and representatives of the Teamsters' and Operating Engineers' Unions. • • We are representing and have represented cities in the state trial courts, the Minnesota Court of Appeals, the Minnesota Supreme Court, the United States District Court, and the United States Eighth Circuit Court of Appeals on many issues that concern municipalities on a daily basis, such as: injunction actions relating to building and zoning code violations; appeals from condemnation awards; appeals from the levy of special assessments for public improvements; negligence actions where the insurer has denied coverage and refused to defend the municipality; trespass actions; granting of special use and conditional use permits; denials of conditional use and special use permits and denials of rezonings; collection of connection charges and use charges for the connection to and availability of sewer and water improvements; actions relative to approval and disapproval of plats; actions relative to discharge of public employees and compensation of same; actions involving the contesting of elections; litigation by cities against sureties and contractors, and by sureties and contractors against cities; annexation proceedings initiated by cities; a defamation action against a city, litigation relating to the issuance of a bingo hall license, litigation involving alleged violations of the State and Federal Constitutions, including First Amendment cases and Section 1983 actions; and actions relating to State and Federal Labor Laws. Our firm has substantial experience in the area of public sector labor law and employee disputes. We have negotiated, arbitrated, and litigated such disputes, and litigated a federal court action challenging • the application of the Fair Labor Standards Act to a city employee. Changes in public sector labor law and the continued growth of litigation in this area has generated numerous opinions and reports to our clients relating to labor law. • • • • • We also have extensive experience in the area of real estate law relating to municipal work. This experience has included the examination of plats and requirements for the protection of the city's easement interests, quiet title actions on behalf of cities, title registration proceedings, and general litigation involving interests in real property. Our firm's experience in drainage law includes representing municipalities from the construction to the assessment stage of storm drainage projects, both underground and open ditches, pursuant to Minn. Stat. Chapter 429. Our office participated as co- counsel in several related cases dealing with storm drainage issues in Anoka County Ditch 53 -62. These cases involved several different property owners vs. the Rice Creek Watershed District, Anoka County, MN DOT, the City of Circle Pines and the City of Blaine. These cases were ultimately resolved favorably on behalf of the City of Blaine. We have extensive experience in the representation of municipalities in environmental litigation and disputes. Specifically, we have represented cities in actions under the Minnesota Environmental Response and Liability Act (MERLA) and the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). 3 • • Our firm has been retained by insurance companies providing general liability coverage to cities, including the League of Minnesota Cities' Insurance Trust, to defend successfully the actions taken by our municipal clients. Our firm has extensive experience in construction law issues for our public sector clients. These public projects include the resolution of all disputes and claims relating to the construction of a $15,000,000.00 City Hall and Public Services Facility. Our public sector experience also includes litigation and arbitration to resolve disputes relating to construction defects of a school facility owned by Independent School District No. 139, located in Rush City, Minnesota. Because of our successful conclusion of this case for the school district, the school district retained us again in March of 2005 for another construction law matter. 2. ' Prosecuting Attorney — Criminal Sweeney, Borer & Sweeney has provided prosecution services for municipalities since 1965. Over this 43 year period, Sweeney, Borer & Sweeney has prosecuted for the cities of Blaine, North Oaks, Little Canada, White Bear Lake, and Shoreview. Such prosecution has included all petty misdemeanors, misdemeanors, gross misdemeanors, and ordinance violations for our municipal clients. This extensive • criminal prosecution experience has included all phases of the prosecution process, including daily client and law enforcement contact, review of incident reports, charging determinations, complaint preparation, motions, settlement discussions, court trials, jury trials, probation hearings, and criminal appeals. Currently our firm provides criminal prosecution services for the cities of Blaine and North Oaks. Our current attorneys have a combined 50 years experience prosecuting in Anoka County and over 43 years experience prosecuting in Ramsey County. Our current prosecutors have tried over 30 criminal jury trials. Our representation of municipal clients includes attendance at all necessary court appearances, including arraignments, pretrial conferences, omnibus hearings, court and jury trials, and post conviction hearings, including appeals. Our firm's prosecutors have earned a reputation as the toughest prosecutors in the various counties in which we prosecute. We have maintained this reputation over several years as our attorneys are known to "actually try cases ". This reputation combined with our aggressive policies puts us in a unique position with defense attorneys and the court system which allows us to obtain optimal prosecution • results for our municipal clients. As a result of our prosecution experience and current municipal clients, Sweeney, Borer & Sweeney boasts one of the only full time prosecution operations in the metropolitan area. Specifically, Sweeney, Borer & Sweeney's office structure is set up to allow for access from clients and law enforcement • personnel, including municipal police departments, County Sheriffs Departments and the Minnesota State Patrol, on a 24 -hour basis, seven days a week. This access allows clients and law enforcement personnel to obtain legal opinions at any time on a daily basis. We believe this unique quality sets us apart from other candidates for the Lino Lakes City Attorney position. • 4 • Moreover, our current prosecution operation allows us to provide our municipal clients with the advantage of a full time prosecution support staff. An example of this service is our ability to prepare • charging documentation on a daily basis with minimal or no advance notice. Our support staff is available to and deals with law enforcement officials and court personnel on a full time basis throughout the week. Our support staff is aided by our state of the art technology and computer system, including the BCA Portal 100 service and MNCIS system, which is discussed in more detail later in this proposal. In addition, we regularly provide legal advice to the Blaine Police Department and the Ramsey County Sheriffs Office, and establish charging and procedural guidelines for those departments. We have also acted as special prosecutor for several cities, when a conflict has arisen with a designated prosecutor. Our firm has worked closely with Tubman Family Alliance in Ramsey County and the Alexandra House victim advocacy program in Anoka County to ensure that the rights of victims in domestic abuse cases are aggressively protected. We also have assisted city staff in resolving nuisance complaints and violations of building codes, housing codes, and fire codes, without necessity of prosecution. Where prosecution has become necessary, we have aggressively pursued these prosecutions. Our office policy is to obtain pleas or convictions in these matters to ensure compliance with these codes. We have also worked with our • cities to amend ordinances and draft new ordinances to address issues of code enforcement as they develop. Our firm has successfully handled and tried many DWI forfeiture cases for the Ramsey County Sheriff's Department, the Minnesota State Patrol, and the Blaine Police Department. • • B. FIRM BACKGROUND 1. Brief History of Firm • Sweeney, Borer & Sweeney, as presently constituted, commenced in 1976, and has been extensively involved in representation of public sector clients since that time. The firm is AV rated in the Martindale- Hubbell Law Directory, which is the highest rating of law firms ranked by their peers in the United States. Our firm concentrates its practice in local governmental law, litigation, eminent domain, real estate, probate law, business law, criminal prosecution, and related matters. • • 2. Attorneys Sweeney, Borer & Sweeney currently has five attorneys. Patrick J. Sweeney, Thomas M. Sweeney, and George F. Borer are shareholders of the firm. Each attorney in our firm has specialized experience in municipal law as described later in this proposal. 3. Support Personnel Our full -time support staff currently consists of one paralegal who provides full -time legal services to the prosecution function and a second full time paralegal who provides legal services to the prosecution • function and to secretarial and general office services. 5 • 4. Support Capabilities Our firm proposes that all attorneys and support staff would be providing services to the City of Lino Lakes, as necessary. 5. Office Location • Sweeney, Borer & Sweeney, P.A., is a professional corporation organized under the laws of the State of Minnesota. The shareholders of the firm own an office condominium located south of I -694 at 3250 Rice Street. Our office provides an ideal location for servicing our existing municipal clients, and will be convenient for providing legal services to the City of Lino Lakes. • 6. Technology Our firm is committed to maintaining the latest technological equipment and support in order to respond as quickly as possible to any question or issues that may arise in the City. Each attorney is equipped with personal e-mail, voice -mail and cellular telephone to insure prompt and personal responses to the City. Each attorney and staff member has access to the firm's computer network from his or her office, • including access to Westlaw, the Internet, West CD -ROM Resources, and several other legal research tools. In addition, our firm is one of a few law firms certified to have access to the Bureau of Criminal Apprehension (BCA) "Portal 100" Service, which provides secure access to numerous private records including criminal history reports, driving records and motor vehicle registration records. Our firm also has access to the Minnesota Court Information System (MNCIS). Currently MNCIS allows us access • to general civil filings and to criminal files throughout the State of Minnesota. • • • 7. Malpractice Claims There are no malpractice claims against any member of our firm during the last five years. 8. Municipal Law Specialization Our firm's primary concentration is the representation of public municipal clients. Our 2007 revenues reflect this concentration in that our public sector legal work generated approximately 60% of our 2007 revenue. 9. Malpractice Insurance Sweeney, Borer & Sweeney has current professional liability insurance with Minnesota Lawyers Mutual Insurance Company, Policy #3419 -20, with limits of $1,000,000.00 per claim and $3,000,000.00 aggregate, with a deductible of $5,000.00, and an expiration date of November 23, 2008. 6 10. Compliance with Laws • Sweeney, Borer & Sweeney agrees that during the term of any contractual relationship with the City of Lino Lakes, the firm will comply with all applicable federal, State, and local equal opportunity and non- discrimination laws and regulations. • • C. ATTORNEY QUALIFICATIONS: 1. City Attorney - Civil Sweeney, Borer & Sweeney proposes to provide civil legal services to the City of Lino Lakes as follows. Patrick Sweeney would serve as the contact person relative to general legal services and attend the majority of City Council meetings. Pat would coordinate the delivery of all legal services. Pat Sweeney would also be the contact person relative to special projects, litigation, arbitration, mediation, and specific development projects. Thomas Sweeney and George Borer would also provide civil legal services as necessary. Patrick J. Sweeney Patrick J. Sweeney is licensed to practice law in the state and federal courts, and was admitted to the Minnesota State Bar in 1990. He is currently a member of the Ramsey County and Minnesota State Bar Associations. Pat is rated as an AV attorney in Martindale- Hubbell Legal Directory, which is the highest rating of attorneys ranked by their peers in the United States. Pat's academic training includes • St. John's University (B.S., 1987) and William Mitchell College of Law (J.D., 1990). Pat originally practiced law with the firm of Krass & Monroe, where he represented several municipal clients and gained valuable knowledge about public sector legal services. He joined Sweeney, Borer & Sweeney in 1991 and became a partner /shareholder in 1996. Pat has experience in all aspects of municipal law, and specifically a broad litigation background. He has tried numerous civil cases (both court and jury trials) to successful conclusions. These cases involve special assessments, special assessment appeals, land use issues, conditional use permits, and eminent domain cases. One of the special assessment cases was entitled "Marzitelli vs. City of Little • Canada ". The Minnesota Supreme Court upheld the City's argument that the appeal was untimely and dismissed the appeal. Pat was recently successful in convincing the Ramsey County District Court to issue a permanent injunction requiring a Little Canada property owner to comply with City Ordinances. Pat was also recently able to successfully defend the City of Little Canada in a Temporary Restraining Order action. Pat has been involved in extensive litigation relative to the exercise of eminent domain in the Twin City Metropolitan area. Pat recently concluded an eminent domain case in the City of Blaine relating to a frontage road west of Highway 65. This case involved a five day trial in the Anoka County District Court from October 22 through October 26, 2007. On October 29, 2007, the jury returned a verdict of $194,000.00, which was over $1,000,000.00 less than the amount demanded by the property owner in the trial of this matter. • • 7 Pat is well known in the legal community for his aggressive representation of municipal clients, and his ability to resolve difficult cases successfully. Thomas M. Sweeney Thomas M. Sweeney has been licensed to practice law in the State of Minnesota since 1964, and is admitted to practice in the federal courts. Tom is a member of the American and Minnesota Bar Associations. He is also a member of the Urban, State, and Local Government Law and Law Practice Management Sections of the ABA. Tom is rated as an AV attorney in the Martindale - Hubbell Law Directory, which is the highest rating of attorneys ranked by their peers in the United States. His formal education includes the University of St. Thomas (B.A., 1961) and the University of Minnesota (J.D., 1964). In 1964, Tom joined the law firm of Douglas, Sheets & Bell where he practiced in the area of municipal law and represented the City of Shoreview from 1965 to 1975. Tom represented the City of Isle from 1976 to 2001 and from 2003 to the present. Tom has represented the City of Blaine since 1972, and the City of Little Canada since 1982. Tom represented the City of Wahkon from 1977 until 1998. During the past nineteen years, Tom has spent approximately 100 percent of his time in the practice of municipal civil law. Few firms have experience as extensive as ours with such favorable results representing cities before the courts of this State. Tom represented the then Village of Shoreview in a special assessment case entitled "In re: Mackubin Street ", in which the Minnesota Supreme Court upheld the street assessment • levied by Shoreview for the improvement of Mackubin Street. Tom successfully defended special assessment appeals in the Cities of Blaine and Shoreview in the Ramsey County and Dakota County Courts, including a litigated assessment appeal case with the Mounds View School District. Tom represented the City of Blaine in a rezoning case relative to the expansion of Restwood Terrace Mobile Home Park in Anoka County District Court. The Minnesota Supreme Court remanded the case to the trial court for further consideration of the propriety of the denial of the rezoning by the City of Blaine. Tom represented the City of Blaine in a platting case in which the Anoka County District Court upheld the granting of a plat in the Cloud Drive /Radisson Road area. Tom has litigated several zoning cases, including Chandler v. Kroiss and Village of Shoreview. Shoreview prevailed at the trial level in Ramsey County District Court. The Minnesota Supreme Court upheld the issuance of a special use permit by the Shoreview Council for the construction of apartments. Tom successfully represented the Village of Shoreview in several miscellaneous cases, including the subdivision of property, and the collection of connection charges from an apartment complex. This • case entitled "McGlynn, Garmaker v. Shoreview" was tried in Ramsey County District Court. Similarly, Tom successfully represented Shoreview in a Ramsey County Court action contesting the results of a referendum relative to the construction of a new city hall. The Ramsey County District Court held that the one vote margin in favor of the referendum was valid and construction of the city • hall was able to proceed. 8 • • • George F. Borer George is licensed to practice law in the State of Minnesota and was admitted to the Minnesota State Bar in 1980. He is also admitted to practice in the federal courts and is member of the American, Minnesota, and Ramsey County Bar Associations. George is also certified as a Real Estate Property Specialist by the Real Property Section of the Minnesota State Bar Association. George is rated as an AV attorney in the Martindale- Hubbell Law Directory, which is the highest rating of attorneys ranked by their peers in the United States. His educational background includes the University of Minnesota (B.A., 1975) and William Mitchell College of Law (J.D., cum laude, 1980). George started clerking with the firm while at William Mitchell in 1978. • After graduation in 1980, he joined the firm as an associate and became a partner /shareholder in 1983. During his years with the firm, George has provided extensive civil legal services for cities in all areas of local government work. For example, George was involved in a Blaine case involving a special assessment appeal. The Anoka County District Court upheld the assessment relating to the Buzick property. The Minnesota Appellate Court agreed. The Minnesota Supreme Court also agreed. • • • • • George has assisted other attorneys in the office in several cases relating involving our municipal clients: (1) Successful defense of defamation action against the City and City Council by bingo hall license holders; (2) U.S. District Court approval of a city denial of a bingo hall license applied for; and, (3) working with Paul Ostrow of our office in the trial and appeal of the case, entitled "SuperAmerica Group, Inc., a division of Ashland Oil, Inc. vs. City of Little Canada ". The Ramsey County District Court upheld the denial of the conditional use permit by the City Council. The Minnesota Appellate Court agreed. The Minnesota Supreme Court denied review of the decision. George also has extensive experience in commercial lending and related legal matters. He represents several banks and routinely handles commercial real estate loans, real estate closings, and actions involving real estate including foreclosures, condemnation, quiet title actions and boundary disputes. George's knowledge and experience in this area of law has proven useful to our municipal clients who are routinely involved in buying and selling real estate and other actions involving land use. 2. Prosecuting Attorney - Criminal Sweeney, Borer & Sweeney proposes to provide criminal legal services to the City of Lino Lakes as follows. Patrick Sweeney will serve as the contact person relative to general prosecution services and serves as the firm's supervising prosecuting attorney. Joseph J. Murphy would be the primary "in court" prosecuting attorney. Robin Tomney would also assist in the handling of prosecution and court appearances as necessary. 9 Patrick J. Sweeney • Patrick J. Sweeney is licensed to practice law in the state and federal courts, and was admitted to the Minnesota State Bar in 1990. He is currently a member of the Ramsey County and Minnesota State Bar Associations. Pat is rated as an AV attorney in Martindale- Hubbell Legal Directory, which is the highest rating of attorneys ranked by their peers in the United States. Pat's academic training includes St. John's University (B.S., 1987) and William Mitchell College of Law (J.D., 1990). Pat originally practiced law with the firm of Krass & Monroe, where he was the lead prosecutor for municipalities located in Scott County, Minnesota. In this capacity, Pat was responsible for the prosecution of all petty misdemeanors, misdemeanors, gross misdemeanors and ordinance violations for the cities of Savage, Shakopee, Belle Plaine, New Market and Elko. • Since joining the firm in 1991, Pat has had extensive criminal prosecution experience. Pat has tried over 23 criminal jury trials and countless court trials for the firm's municipal clients. Mr. Sweeney serves as the supervising prosecuting attorney for the firm's municipal clients. Through Pat's 17 years of experience providing prosecution services to the firm's municipal clients, he has helped maintain Sweeney, Borer & Sweeney as one of the leading criminal prosecution firms in the metropolitan area. The remainder of Patrick Sweeney's qualifications are more fully set forth previously in this proposal. • Joseph J. Murphy • Joseph J. Murphy is a licensed attorney in the State of Minnesota, and was admitted to the Minnesota State Bar in 2000. He is currently a member of the Ramsey County and Minnesota State Bar Association. His academic training includes University of Notre Dame (B.A., cum laude, 1996) and the University of Minnesota (J.D., cum laude, 2000). Prior to starting with our firm in 2002, Joe was a judicial clerk for the Honorable Donald J. Venne, 10th Judicial District, Anoka County District Court. • Joe's extensive experience in criminal prosecution is detailed below. He also assists other members of the firm in our general governmental civil work. Joe has been able to enforce our municipalities' strict prosecution standards and has maintained a reputation as an attorney who will actually try cases. Joe has obtained superior results through negotiations and trying cases. A large portion of a cities' prosecution time involves the prosecution of domestic abuse cases. Joe has obtained a reputation as a prosecutor who has the ability to effectively handle the inherently difficult issues involved in such cases. Joe has maintained this reputation through his excellent ongoing working relationship with the Alexandra House in handling such cases. We encourage the City of Lino Lakes to • contact the Alexandra House as a reference. In addition to effectively dealing with victims and victims advocates, Joe is known as a prosecutor who will take domestic abuse cases to trial when necessary. To date, Joe has been involved in six criminal jury trials in domestic type cases. • 10 • Joe currently serves as one of the few "full time" prosecuting attorneys in the metropolitan area. This experience puts Joe in the very unique position of having five years of dealing with municipal clients, law enforcement agencies and the Court on a daily basis. No other law firm which we are aware of in the metropolitan area has a full time prosecutor with Joe's qualifications and experience. Robin D. Tomney Robin D. Tomney is a licensed attorney in the State of Minnesota, and was admitted to the Minnesota State Bar in 1992. He is currently a member of the Ramsey County Bar Association and the Minnesota State Bar Association. His academic background includes Coe College (B.A., 1988) and Hamline University School of Law (J.D., 1992). After his admission to the Bar, Robin was & judicial clerk for the Honorable George O. Peterson in • Ramsey County where he was exposed to a broad spectrum of civil practice in a state District Court. Robin has been with the firm for twelve years and has assisted in the handling of our general governmental civil and criminal work. He also has extensive experience in many areas of municipal law. He has participated in city projects involving condemnation and land use issues. In addition, he has extensive experience in criminal prosecution work. Robin provides a thorough and thoughtful • analysis of every file he handles and Robin has prepared excellent memoranda and legal briefs to the District and Appellate Courts on behalf of our clients. • • • • • D. CURRENT PUBLIC CLIENTS We currently represent the following governmental entities: City of Blaine (civil and criminal legal services); Blaine Economic Development Authority (civil legal services only); Blaine Housing and Redevelopment Authority (civil legal services only); City of North Oaks (criminal legal services only); City of Isle (civil legal services only); Spring Lake Park, Blaine and Mounds View Fire Department; and, Ramsey County Community Human Services Department. As previously indicated, Sweeney, Borer & Sweeney has represented the City of Blaine since 1972, and the City of North Oaks since 1995. Our firm represented the City of Little Canada from 1982 to 2008. Our firm represented the City of Isle from 1976 until 2001, and from 2003 to the present. Our firm represented the City of Wahkon from 1977 until 1998. Our firm represented Independent School District No. 139, in 1997 and 1998. As previously indicated, we were retained by Independent School District No. 139 in March of 2005 for another construction law matter. 11 E. REFERENCES • Please feel free to discuss our qualifications and performance with any of our clients. Appropriate contact persons would be the following: • • • Tom Ryan Mayor of the City of Blaine 10801 Town Square Drive NE Blaine, MN 55449 (763) 757 -3390 (Home) Robert E. Therres Interim City Manager ' City of Blaine 10801 Town Square Drive Blaine, MN 55449 (763) 785 -6123 (Office) David Johnson Former Chief of Police Blaine Police Department 10801 Town Square Drive NE Blaine, MN 55449 • (763) 785 -6125 (Office) Bryan Schafer Planning and Community Development Director City of Blaine 10801 Town Square Drive NE Blaine, MN 55449 (651) 785 -6144 (Office) Jean Keely City Engineer City of Blaine 10801 Town Square Drive NE Blaine, MN 55449 (763) 785 -6171 (Office) • • 12 Chris Olson Interim Chief of Police Blaine Police Department 10801 Town Square Drive Blaine, MN 55449 (763) 785 -6125 (Office) James March City Administrator City of North Oaks 100 Village Center Drive Suite 150 North Oaks, MN 55127 (651) 792 -7750 Alexandra House (Beth) P.O. Box 49039 Blaine, MN 55449 (763) 795 -5454 Tubman Family Alliance 3880 North Laverne Avenue P.O. Box 854 Lake Elmo, MN 55042 Jennifer Dickinson (763) 789 -6720 General (651) 770 -8544 LuAnn Sawatzky Isle Clerk/Treasurer 285 Second Avenue P.O. Box 427 Isle, MN 56342 (320) 676 -3641 • • F. FIRM PHILOSOPHY We believe our underlying philosophy of public law practice serves our clients well. First, since our primary area of practice is governmental law, we are extremely experienced and informed as to statutory and case law developments affecting public bodies. Due to our level of experience and knowledge in municipal law, our clients have seldom needed to hire outside counsel for complex or unusual cases or legal issues. Second, we are responsive and timely in addressing legal issues referred to us by our clients. Third, we believe that a public body requires aggressive representation of its interests, which we successfully provide our existing clients. Finally, we attempt to insure that our clients follow correct legal procedures, make informed decisions, and express legally sustainable reasons for the actions taken. G. MALPRACTICE / LIABILITY INSURANCE • Sweeney, Borer & Sweeney has current professional liability insurance with Minnesota Lawyers Mutual Insurance Company, policy #3419 -20, with limits of $1,000,000.00 per claim and $3,000,000.00 aggregate, with a deductible of $5,000.00, and an expiration date of November 23, 2008. In addition, our general liability insurance is through Travelers, policy number 23E02221 680, in the general aggregate amount of $2,000,000.00, with an expiration date of May 3, 2008. If any additional insurance • information or documentation is necessary, please contact Patrick J. Sweeney. • • H. CONFLICT OF INTEREST No member of our firm represents any client whose representation would in any way conflict with our ability to provide legal services to the City of Lino Lakes. The members of our firm do not currently represent any real estate developers. Our managing partner examines the opening material relating to every file to determine there is no conflict of interest with existing clients or previously existing clients prior to authorizing the opening of the new file. I. FEES 1. City Attorney — Civil. We have reviewed the legal services requirements for the City Attorney set forth in your Request for Proposals. We propose performing such civil legal services as follows: $350.00 flat fee per Council Meeting (including preparation time and workshops). $135.00 per hour for all other civil legal services, as directed by the City Administrator. Please be advised that our law firm will consider any other billing arrangement, such as a monthly civil retainer, if the City so desires. 13 2. Prosecuting Attorney — Criminal • We have reviewed the legal services requirements for City Attorney set forth in your Request for Proposal. We propose performing such criminal legal services as follows: - $10,000.00 per month criminal retainer. Please be advised that our law firm will consider any other billing arrangements, such as hourly rates for criminal legal services, if the City so desires. 3. Billing — General / Format • • • • • • Our firm does not bill for travel time or for mileage expenses, but we do bill out -of- pocket expenses for such items as service fees, postage, courier services, printing costs, computerized research services, and long distance telephone charges. Photocopy and facsimile costs are reimbursed at 25¢ per page. The minimum increment of time billed for hourly rates is one -tenth (1 /10) of an hour. Our firm will utilize whatever billing format is desired by the City of Lino Lakes. J. CONCLUSION Sweeney, Borer & Sweeney would consider it an honor and a pleasure to serve as City Attorney for the City of Lino Lakes. We believe our expertise and past experience in Anoka County establishes Sweeney, Borer & Sweeney as a superior candidate for Lino Lakes City Attorney. Respectfully submitted, Thomas M. Sweeney George `/ C orer 14 • • • Ratwik, Roszak Maloney, P.A. City of Lino Lades Proposal for Civil Legal Services July 1, 2008 Joseph J. Langel jjl @ratzviklaw com Jay T. Squires jts @ratwiklaw. com 300 U.S. Trust Building, 730 Second Avenue South, Minneapolis, Minnesota 55402 Phone: (612) 339 -0060 Facsimile: (612) 339 -0038 TABLE OF CONTENTS • Firm Background 1 Attorney Qualifications 2 Firm Qualifications 3 Municipal Experience 4 Compensation 8 Statement of Malpractice 8 Affirmative Action 9 Conflicts of Interest 9 Attachment 1 Attachment 2 • Attorney Areas of Practice and Resumes List of Representative City Clients ii • • FIRM BACKGROUND Firm name and contact information: Ratwik, Roszak, & Maloney, P.A. 300 U.S. Trust Building 730 Second Avenue South Minneapolis, MN 55402 (612) 339 -0060 phone (612) 339 -0038 fax www.ratwiklaw.com Brief History and Description of Firm: Twenty -one years ago, Paul Ratwik, John Roszak, and Patricia Maloney formed their own firm. Prior to that, all had extensive experience in government law. Since its founding, the firm has expanded and built its practice representing local governments on the strength of its attorneys and dedication to its clients. The firm now has twenty -two full -time practicing attorneys; fourteen are shareholders and eight are associate attorneys. A breakdown of each attorney's areas of practice is attached as Attachment 1. The firm also has one paralegal who is devoted to municipal work, as well as four secretaries and three office staff. Ratwik, Roszak & Maloney, P.A. focuses its practice on local government law. We take pride in representing cities, counties, towns and school districts throughout Minnesota. Our reputation and expertise in government law has led the State of Minnesota to retain us for representation on special matters. Billings to municipal clients were, on average, 99% of our firm's total billings in 2007. That percentage has remained consistent for at least the last five years. Our attorneys provide a full range of legal services and have expertise in all areas of law affecting cities, including, but not limited to: • General municipal law • Land use planning, zoning, and development • Public sector labor and employment law • Public contracting law • Open Meeting Law and Data Practices Act • Real estate acquisition (including the use of eminent domain) • Ordinance and policy drafting and analysis • Environmental law • Municipal litigation 0 • Particular attorneys also have areas of concentrated practice. Jay Squires and Joe Langel do a great deal of work in land use, land acquisition, public contracting, and construction disputes. Margaret Skelton does a significant amount of work in public sector labor and employment law. All of our attorneys practice general municipal law. Based on the fact that our firm is almost entirely devoted to representing local governments, we have access to, and use, abundant resources regarding public sector law. We are members of several law organizations devoted to representing local governments, such as the International Municipal Lawyers Association, the Minnesota Association of City Attorneys, and the American Bar Association State and Local Government Section. Each of these organizations provides us with access to resources that are focused on the legal needs and concerns of local governments. Our firm is organized as a professional corporation, with a typical law firm organizational structure: President I Shareholders Associates Law Clerk Office Manager I Admin. Assistant I Secretaries Bookkeeper In terms of work flow, the shareholder typically communicates with the City and then, depending on the nature of the issue, will either handle the matter himself or herself, or enlist the services of an associate or the law clerk. The Firm strives to make the most efficient use of the client's financial resources when providing legal services. (ATTORNEY QUALIFICATIONS Joseph Langel would be the primary attorney responsible for the day -to -day management and administration of a contract with the City, with Jay Squires providing legal services in Joe's absence. 2 • • Joe Langel is a shareholder of the firm, having practiced in municipal law for 12 years, representing cities, counties and school districts. He is currently Lead Attorney for the Cities of Clearwater, Clear Lake, Ironton, Deerwood and Corcoran. In addition to being a general municipal lawyer, Joe's practice includes litigation in the areas of land use, condemnation, and construction law. Joe also provides general counsel advice to clients on a variety of subjects, including property law, contracts, bid law, construction bonds, code enforcement, Open Meeting Law and the Government Data Practices Act. Joe speaks at seminars for public sector entities on a variety of subjects, including bid law, zoning, and public contracting. Prior to joining the law firm in October 1995, Joe was a judicial law clerk for the Honorable Thomas Kalitowski and the Honorable Randolph Peterson of the Minnesota Court of Appeals from August 1994 through September 1995. Jay Squires is a shareholder of the firm and has been practicing in the area of municipal law since 1989, representing cities, counties, towns and school districts. He is currently the Lead Attorney for the Cities of Red Wing, Roseville and Hanover. He is certified as a Real Property Specialist by the Minnesota State Bar Association. He is also a member of the International Municipal Lawyers Association and the American Bar Association State and Local Government Section. He previously worked for the League of Minnesota Cities assisting cities in researching and resolving varied legal issues. Jay continues to devote an increasing portion of his practice to representation of land use authorities throughout the State of Minnesota. He is a regular presenter at land use workshops and conferences held statewide. A resume containing his academic degrees and professional experience is attached as Attachment 1. FIRM QUALIFICATIONS Client references are set forth on Attachment 2, which lists all cities represented in the last five years. The list does not include all municipalities represented in that time frame. Our firm has represented over one hundred public school districts as well as dozens of counties all over the state. If the City would like some representative district or county clients, please let us know. The work from the City of Lino Lakes will be given top priority at the firm. We currently have the capacity to fully address the City's legal needs in a timely fashion without compromising our work for other municipalities or sacrificing the quality of service we will provide to you. As indicated above, 99% of our 2007 billings related to municipal civil law services. We are, and always have been, a municipal law firm. 3 • MUNICIPAL EXPERIENCE MUNICIPAL LITIGATION As the City is well aware, municipalities are often required to defend their actions and decisions in court. Our firm has extensive litigation experience in municipal matters. At the present time, the firm has over 100 active litigation files. Not only do we represent municipal clients in litigation not covered by insurance, but our experience in this area has been recognized by the Minnesota Counties Insurance Trust, the Minnesota Townships Insurance Trust, National Union Insurance Co, and Berkley Administrators, all of which assign cases to the firm for defense of both client and non -client municipalities. We are particularly proud of our efforts to establish and maintain the body of law pertaining to municipal immunities. In Menk v. Cottonwood County, 1999 WL 326133 (1999) we successfully argued that snowplowing decisions of a public works employee should be protected by immunity doctrine. In Ireland v. Carver County, 552 N.W.2d 269 (Minn. Ct. App. 1996), the Court of Appeals accepted our argument that decisions of the County Engineer involving sign placement were protected by the official immunity doctrine. In Blatz v. Scott County, 1998 WL 901744 (1998), our firm persuaded the court that the County could not be held responsible for errors in judgment involving emergency response • to a medical situation. In Habeck v. Ouverson, 669 N.W.2d 907 (Minn. Ct. App. 2003), we successfully argued that a county was protected by recreational -use immunity when an employee was giving wagon rides at the county fair. Other types of lawsuits handled in the past five years include cases involving civil rights, discrimination, labor disputes, personal injury, defamation, eminent domain, construction disputes, zoning disputes, ditch litigation and election contests. These cases were venued in both state and federal courts, and include considerable appellate work. DEVELOPMENT ISSUES 1. Land Use Regulation Developing areas wrestle with the transition from rural or semi -rural to urban communities. We have found that many of the more difficult day -to -day issues presented to municipalities relate to land use or development issues. It is not unusual for agendas to be dominated by land use items. Certainly land use issues can be high profile and politically challenging. Our attorneys bring practical life experience to their work in the land use area. Jay Squires served on the Andover Planning Commission for ten years as Chair, and was on the • • • Coon Rapids Planning Commission prior to that time. John Roszak served on the Eagan Planning Commission. Both have an appreciation for the land use decision - making process. We also continue to be actively involved in land use litigation. In Interstate Power Company v. Nobles County, 1999 WL 171495 (Minn. Ct. App. 1999) we persuaded the Appellate Court to uphold our clients' denials of a conditional use permit based on health, safety and welfare considerations. The denial protected the integrity of a county highway. In Neitzel v. Redwood County, 521 N.W.2d 73 (Minn. Ct. App. 1994), we established a new rule of law providing for expedited review of certain types of municipal land use decisions. The new process benefited and continues to benefit our clients. In Buss v. Blue Earth County, 2002 WL 1326624 (Minn. Ct. App. 2002) we successfully defended the decision to grant a variance for the rebuilding of a horse barn. In Diamond A Farm v. Sherburne County, 2004 WL 2283457 (Minn. Ct. App. 2004) we were successful in defending the decision to issue a conditional use permit for the building of a greenhouse. In Overgaard v. Rock County, 2003 WL 21744235 (D. Minn. 2003) we defended the County Board's application and interpretation of its zoning ordinance against a challenge from a neighbor of the applicant. In SOB, Inc. v. County of Benton, 317 F.3d 856 (8th Cir.) we successfully defended the County's adult use ordinance against a myriad of challenges from the operator and dancers of a strip club. Finally, in Watab Twnshp Citizen Alliance v. Benton County, 728 N.W.2d 82 (Minn. Ct. App. 2007), we succeeded in defending a county against attacks against the platting process, property re- zoning, and its decision on the need for an EAW. 2. Municipal Real Estate and Facilities A public client, just as a private client, engages in matters that involve real estate. Municipalities buy and sell land, condemn land, build and remodel facilities, and become engaged in real estate valuation issues involving ad valorem taxation and special assessments. Jay Squires is certified as a Real Property Law Specialist by the Minnesota State Bar Association. Certification as a specialist in this area constitutes a recognition of particular competence in the field of real estate. The firm's work in land acquisition includes condemnation where voluntary acquisition of needed land is not possible. The positive results we have achieved include both reasonable settlements and favorable Commissioners' reports and jury verdicts on appeal. In Independent School District No. 194, Lakeville v. Tollefson Development, Inc. 506 N.W.2d 346 (Minn. Ct. App. 1993), we convinced the Court of Appeals to establish a new rule of law which resulted in the dismissal of the landowner's appeal of the condemnation commission award involving land for the Lakeville High School. The result was that the School District saved roughly $1.3 million; preserving a $700,000 commissioners' award when the landowner had sought over $2,000,000. 5 • o • Our firm also represents our public clients extensively in the area of construction law. We assist clients in preparing construction and consultant contracts so they protect our clients' interests. We also have great experience in construction disputes, both in arbitration and the district courts. MUNICIPAL FINANCING Our firm routinely drafts and reviews municipal contracts, fields questions about the bidding process, reviews bid specifications, represents municipalities on bidding disputes, and provides general counsel on purchasing and selling. The firm regularly advises clients about their financing alternatives in funding public projects or acquisitions. We are familiar with and advise our clients in the areas of Chapter 475 indebtedness, special assessments, lease purchasing, development funding (tax increment financing, etc.) and the like. Through our experience, we understand the TIF laws and the complexities in applying them to development within the City. POLICE ISSUES Aside from dealing with these issues as general counsel for Red Wing, Roseville, Hanover, Cass Lake and Corcoran, we have represented many other municipalities on police- related issues, including the defense of departments on allegations of excessive force, sexual harassment, discrimination and infra- departmental employment matters. This includes representation before the Department of Human Rights and in state and federal court. We also counsel clients on evolving issues such as police access to data concerning maltreatment of minors. LABOR AND EMPLOYMENT LAW As public employers, cities are governed by a large number of laws that do not apply to private employers. Principally, cities are impacted by Minn. Stat. § 179A, the Public Employers Labor Relations Act. Other laws and constitutional provisions apply uniquely to the public sector. Our firm is proud of our extensive experience representing public clients in the municipal labor and employment law areas. Collectively, John Roszak, Patricia Maloney, Kevin Rupp, Terry Foy and Margaret Skelton have negotiated and administered hundreds of municipal collective bargaining agreements. We currently represent the Cities of Mendota Heights and Eagan in labor matters. We represent a number of counties in labor matters including Pine County. We have also done work for the Cities of Prior Lake and Savage. We represent clients in all areas of public sector labor and employment law, including but not limited to negotiation, arbitration, mediation, unit clarifications, veteran's preference hearings, discipline and termination, discrimination, unemployment compensation hearings, civil service matters and the like. We have litigated many public labor cases, and have established positive precedent. For example, in Jereczek v. Intermediate District 287, 1991, 6 • • • WL 34701 (1991), we established law allowing a public employer to restrict employee speech where it would adversely impact administrative effectiveness or employee morale. In Dokmo v. Independent School District No. 11, 495 N.W.2d 671 (Minn. 1990), our firm established a rule of law requiring that employee termination challenges be brought directly to the Court of Appeals. Finally, in Central Lakes Education Association v. Independent School District No. 743, Sauk Centre, 411 N.W.2d 875 (Minn. Ct. App. 1987), we established new law recognizing a public employer's ability to unilaterally implement its last offer when a negotiating impasse with employees has been reached. Over the last 21 years, the firm has arbitrated scores of grievances and innumerable interest arbitrations, including essential units such as police. Firm attorneys are frequent lecturers for personnel director organizations and in- service training at the local agency level. OPEN MEETING LA IFAND DATA PRAC fI CES ACC All attorneys in our firm regularly respond to questions and issues involving Minn. Stat. Ch. 13, the Government Data Practices Act, and Ch. 13D, the Open Meeting Law. The firm has litigated many cases in this area. In WDSI v. County of Steele, 672 N.W.2d 612 (Minn. Ct. App. 2003) we convinced the Court of Appeals that the Data Practices Act does not require a municipality to obtain data from a contractor when a request is made to the municipality. The firm provides regular training to municipalities and elected officials on the requirements of the Open Meeting Law and Data Practices Act. Firm attorneys have significant experience working with the Information Policy Analysis Division (IPAD) of the State Department of Administration, the State Agency that administers and renders opinions on the Data Practices Act and Open Meeting Law. COMPENSATION) Hourly Fee: We propose representation of the City on an hourly fee basis. Our billing is done for actual time incurred in 1/10 hour increments. We propose the following billing rates: 2008/2009 CITY OF LINO LAKES BILLING RATES ATTORNEY Paul C. Ratwik John M. Roszak Patricia A. Maloney Terrence J. Foy Stephen G. Andersen Scott T. Anderson Kevin J. Rupp MISCELLANEOUS $145.00 $145.00 $145.00 $145.00 $145.00 $145.00 $145.00 7 LITIGATION $155.00 $155.00 $155.00 $155.00 $155.00 $155.00 $155.00 DEVELOPER PAID $205.00 $205.00 $205.00 $205.00 $205.00 $205.00 $205.00 Jay T. Squires $145.00 $155.00 $205.00 • Ann R. Goering $145.00 $155.00 $205.00 Nancy E. Blumstein $145.00 $155.00 $205.00 Joseph J. Langel $145.00 $155.00 $205.00 Michael J. Waldspurger $145.00 $155.00 $205.00 Margaret A. Skelton $145.00 $155.00 $205.00 Amy E. Mace $145.00 $155.00 $205.00 Eric J. Quiring $130.00 $140.00 $190.00 Kimberley K. Sobieck $130.00 $140.00 $175.00 Sonya J. Guggemos $130.00 $140.00 $175.00 Erin E. Ische $130.00 $140.00 $175.00 Christian R. Shafer $130.00 $140.00 $175.00 Trevor S. Helmers $130.00 $140.00 $175.00 Paralegal $85.00 - - Law Clerk $85.00 - - The firm would be happy to consider a retainer concept, but would have to further evaluate past usage of legal services to assure the retainer amount would accurately reflect the expected usage. The firm is also open to discussing flat fee arrangements for certain services. Expenses: • Long distance telephone calls will be billed at the actual cost, photocopies $0.20 per page, facsimiles $1.00 per page, and mileage at the prevailing IRS rate. • We issue billing statements monthly. Our standard statements already include all of the information requested in the City's RFP. STATEMENT OF MALPRACTICE No attorney in our firm has had any malpractice claims asserted against him or her. Ethics complaints are as follows: Date of Decision: February 9, 2001 Complainant: Teresa M. Graham Attorney(s): Paul C. Ratwik, Ann R. Goering Action: Summarily dismissed - discipline not warranted Date of Decision: June 1, 2001 Complainant: Gregory Charles Thomas Attorney(s): Scott T. Anderson, Joseph J. Langel Action: Summarily dismissed - discipline not warranted Date of Decision: December 27, 2000 8 • Complainant: David P. Honan Attorney(s): Scott T. Anderson, Ann R. Goering Action: Summarily dismissed — discipline not warranted Date of Decision: May 10, 2006 Complainant: Helen P. Nere Attorney(s): Jennifer J. Kruckeberg Action: Summarily dismissed — discipline not warranted 'AFFIRMATIVE ACTION The firm has adopted an affirmative action policy that has been approved by the State of Minnesota. The firm complies with the affirmative action requirements of the City, except that it cannot determine whether all business with whom we have transacted business have adopted similar policies. CONFLICTS OF INTEREST When new matters come into the office, the firm's attorneys consult one another and run a conflict check to assure no conflict of interest exists. A list of new matters is circulated weekly to all attorneys. In the event a potential conflict of interest may exist, we promptly notify each client or prospective client. If the firm reasonably believes that representation of one client will not adversely affect the relationship with the other client, we will undertake representation only if both clients consent. If we believe our representation of a client could be materially limited by our relationship with another client, we will not represent the client, but will assist the client in finding adequate representation. Our goal in identifying and resolving all conflicts is to maintain the loyalty present in all our client relationships. Potential Conflicts: We are not aware of any party that the firm represents or has represented that would create a direct conflict of interest with our representation of the City of Lino Lakes. Nor are we aware of any client that we have represented on a matter that would impact our ability to fully represent the City even when a direct conflict of interest did not exist. The firm does not currently represent any other local unit of government having jurisdiction within, or contiguous to, the City. Real Estate Developers: We take pride in representing only the interests of municipalities and therefore we do not represent, nor have we ever represented, any real estate developers. 9 • • • We hope this proposal provides the information sought in the RFP. If you need additional information, please let us know. We look forward to discussing this proposal with you. RRM: 119797/sld 10 Respectfully submitted, RATWIK, ROSZAK & MALONEY, P.A. By Jc 1511 J. ngel President RATWIK, ROSZAK & MALONEY, P.A. Attorneys Resumes PAUL C. RATWIK Education: University of Minnesota Law School, J.D., 1969 University of Minnesota, B.A., 1966 Legal Career: Staff Legal Officer, 1970 -1973 United States Coast Guard; Attorney, Jardine, Logan & O'Brien; Partner, Peterson & Popovich and successor law firms, 1976 -1987; Shareholder, Ratwik, Roszak & Maloney, P.A. Primary Areas of Practice and Experience: General school law, general municipal law, special education, real estate, and general civil litigation. JOHN M. ROSZAK Education: University of Minnesota Law School, J.D., 1969 University of Minnesota, B.A., 1966 Legal Career: Special Agent, Federal Bureau of Investigation, 1969 -1972; Partner, Peterson & Popovich and successor law firms, 1977 -1987; Shareholder, Ratwik, Roszak & Maloney, P.A. Primary Areas of Practice and Experience: All aspects of public sector employment law with an emphasis on collective bargaining, unfair labor practice litigation, bargaining unit determinations, discipline and discharge of employees, comparable worth, employee evaluations, reductions in force, discrimination and employment. PATRICIA A. MALONEY Education: William Mitchell College of Law, J.D., cum laude, 1978 Macalester College, B.A., cum laude, 1974 Legal Career: Partner, Peterson & Popovich and successor law firms, 1978 -1987; Shareholder, Ratwik, Roszak & Maloney, P.A. Primary Areas of Practice and Experience: General school law, general municipal law, labor and employment law (including employment litigation and arbitration), investigation and defense of harassment and discrimination claims, negotiation and administration of collective bargaining agreements, employee discipline and discharge; student rights. TERRENCE J. FOY Education: Hamline University School of Law, J.D., 1981 University of Wisconsin - Madison, B.A., 1973 Legal Career: Attorney, Peter D. Bergstrom, Attorney at Law; Shareholder, Ratwik, Roszak & Maloney, P.A. Primary Areas of Practice and Experience: Public sector labor and employment law with an emphasis on collective bargaining, contract administration, employee discipline and discharge, unit determinations, and grievance and interest arbitration. STEPHEN G. ANDERSEN Education: William Mitchell College of Law, J.D., cum laude, 1982 University of Minnesota, B.E.S., 1978 Legal Career: Partner, Johnson & Lindberg, 1983 -1992; Shareholder, Ratwik, Roszak & Maloney, P.A. Primary Area of Practice and Experience: General municipal law, general civil litigation, including employment discrimination and sexual harassment, governmental liability, civil rights, and insurance coverage. SCOTT T. ANDERSON Education: Hamline University School of Law, J.D., cum laude, 1984 University of Minnesota, B.A., 1981 Legal Career: Attorney, Lommen, Nelson, Cole & Stageberg, P.A., 1984 -1988; Attorney, Mahoney, Walling and Kelley, 1988 -1990; Shareholder, Ratwik, Roszak & Maloney, P.A. Primary Areas of Practice and Experience: Municipal powers and duties; insurance issues; data privacy and open meeting law; labor and employment law and general civil litigation in state and federal court with an emphasis on employment, discrimination, personal injury and police misconduct litigation. Extensive experience in land use litigation, including zoning and environmental issues. ATTACHMENT 1 KEVIN J. RUPP constitutional law; federal and state court civil litigation; data privacy and open meeting law. Education: University of Minnesota Law School, J.D., cum laude, 1988 St. Cloud State University, B.A., magna cum laude, 1985 Legal Career: Adjunct professor, University of Minnesota, Department of Educational Policy and Administration, teaching graduate course in school law. Shareholder, Ratwik, Roszak & Maloney, P.A. Primary Areas of Practice and Experience: All aspects of public sector employment law with an emphasis on collective bargaining, unfair labor practice litigation, bargaining unit determinations, discipline and discharge of employees, comparable worth, employee evaluations, reductions in force, discrimination and employment. JAY T. SQUIRES Education: William Mitchell College of Law, J.D., 1989 University of Minnesota, Duluth, B.A., 1984 Legal Career: Shareholder, Ratwik, Roszak & Maloney, P.A. Primary Areas of Practice and Experience: General municipal law, real estate (including litigation involving condemnation and zoning issues), construction litigation, and civil litigation. ANN R. GOERING Education: William Mitchell College of Law, J.D., cum laude, 1990 Hamline University, B.A., 1985 Legal Career: Shareholder, Ratwik, Roszak & Maloney, P.A. Primary Areas of Practice and Experience: Labor and employment law, including employment litigation and arbitration, investigations, defense of harassment and discrimination claims, administration of collective bargaining agreements, and employee discipline and discharge; student rights and discipline; 2 NANCY E. BLUMSTEIN Education: William Mitchell College of Law, J.D., magna cum laude, 1992 University of Minnesota, B.A., 1978 Legal Career: Shareholder, Ratwik, Roszak & Maloney, P.A. Primary Areas of Practice and Experience: Special education, discrimination and harassment investigations, student rights, civil litigation and general municipal law. JOSEPH J. LANGEL Education: University of Minnesota Law School, J.D., cum laude, 1994 University of Chicago, M.A., 1988 Loras College, B.A., magna cum laude, 1987 Legal Career: Minnesota Court of Appeals, Judicial Law Clerk for Judge Thomas Kalitowski, 1994 -95; Shareholder, Ratwik, Roszak & Maloney, P.A. Primary Areas of Practice and Experience: General civil litigation (including construction litigation), general municipal and public contracting laws, planning and zoning, condemnation and real estate. MICHAEL J. WALDSPURGER Education: Marquette University Law School, J.D., cum laude, 1994 Knox College, B.A., cum laude, 1991 Legal Career: Wisconsin Supreme Court Clerk for Justice Steinmetz, 1994 -95; Attorney, Simpson & Deardorff, 1994; Attorney, Nichols, Kaster & Anderson, 1995 -96; Shareholder, Ratwik, Roszak & Maloney, P.A. Primary Areas of Practice and Experience: General school law, special education, civil litigation and general municipal law. ATTACHMENT 1 1 • • MARGARET A. SKELTON Education: William Mitchell College of Law, J.D., cum laude, 1993 University of Wisconsin, B.A., with honors, 1989 Legal Career: Attorney, Torres Law Offices, 1994 -1997; Assistant City Attorney, City of St. Paul, 1997- 1999; Shareholder, Ratwik, Roszak & Maloney, P.A. Primary Areas of Practice and Experience: Labor and employment law, including, but not limited to, labor negotiations, discrimination, harassment, constitutional torts, discipline, termination and arbitration, civil litigation involving public entities, general municipal law, police- related litigation, insurance issues,. AMY E. MACE Education: University of Minnesota Law School, J.D., magna cum laude, 1995 University of Minnesota, B.A., magna cum laude, 1992 Legal Career: Minnesota Court of Appeals, Judicial Law Clerk, 1995 -96; Shareholder, Ratwik, Roszak & Maloney, P.A. Primary Areas of Practice and Experience: General school law, general municipal law, labor and employment law and special education. ERIC J. QUIRING Education: University of Minnesota Law School, J.D., cum laude, 2001 St. Olaf College, B.A., cum laude, 1998 Legal Career: Attorney, Ratwik, Roszak & Maloney, P.A. Primary Areas of Practice and Experience: General school law, municipal law and labor and employment law. 3 KIMBERLEY K. SOBIECK Education: University of Minnesota Law School, J.D., cunt laude, 1998 Hamline University, B.A., cum laude, 1982 Legal Career: Assistant County Attorney, Isanti County; Attorney, Ratwik, Roszak & Maloney, P.A. Primary Areas of Practice and Experience: General school law, municipal law and employment law. SONYA J. GUGGEMOS Education: William Mitchell College of Law, J.D., magna cum laude, 2002 Hamline University, M.A.P.A., 1999 Hamline University, B.A., magna cum laude, 1992 Legal Career: Law Clerk, Minnesota Attorney General's Office, Education Division; Attorney, Ratwik, Roszak & Maloney, P.A. Primary Areas of Practice and Experience: General school law, special education law, civil litigation, municipal law and labor and employment law. ERIN E. ISCHE Education: William Mitchell College of Law, J.D., cum laude, 2006 University of Minnesota, B.A., 2002 Legal Career: Attorney, Ratwik, Roszak & Maloney, P.A. Primary Areas of Practice and Experience: General school law, municipal law, labor and employment law. ATTACHMENT 1 • • • ANDREA N. AMIDON Education: William Mitchell College of Law, J.D., cum laude, 2007 Luther College, B.A., cum laude, 2004 Legal Career: Attorney, Ratwik, Roszak & Maloney, P.A. Primary Areas of Practice and Experience: General school law, municipal law, labor and employment law. CHRISTIAN R. E. SHAFER Education: University of Minnesota Law School, J.D., cum laude, 2007 University of Michigan, B.A., 2004 Legal Career: Attorney, Ratwik, Roszak & Maloney, P.A. Primary Areas of Practice and Experience: General school law, municipal law, labor and employment law. TREVOR S. HELMERS Education: University of Minnesota Law School, J.D., cum laude, 2007 Iowa State University, B.A. with honors and distinction, 2004 Legal Career: Attorney, Ratwik, Roszak & Maloney, P.A. Primary Areas of Practice and Experience: General school law, municipal law, labor and employment law. RR■: #I02574 4 ATTACHMENT 1 RATWIK, ROSZAK & MALONEY, P.A. • LIST OF REPRESENTATIVE CITY CLIENTS We are the City Attorney for the following cities: City of Red Wing Kay Kuhlman, Council Administrator (651) 385 -3612 City of Roseville Bill Malinen, City Manager (651) 490 -2200 tCity of Cass Lake Sue Uhrinak, Clerk (218) 335 -2238 City of Hanover Daniel Buchholtz, City Administrator (763) 497 -3777 *City of Mendota Heights • Jim Danielson, City Administrator (651) 452 -1850 tCity of Corcoran Todd Bodem, Interim City Administrator (763) 420 -2288 *City of Eagan Lori Peterson, Human Resources Director (651) 672 -5002 tCity of Clearwater Joni Golden, Clerk (320) 558 -2428 tCity of Clear Lake Marilyn Bujalski, Clerk- Treasurer (320) 743 -3111 tCity of Ironton Rosemary Caddy, Clerk- Treasurer (218) 546 -5625 tCity of Deerwood Mary Kadlec, Clerk- Treasurer (218) 534 -3152 *Labor and employment related matters only tCities we began representing in the last three years. There are no cities we stopped representing in the last three years. We have also represented the following cities within the last five years on specific projects: City of Gaylord City of Grand Rapids City of Cohasset City of LaPrairie City of Madelia RRM: #112539/sld City of Maplewood City of Minnetrista City of Olivia City of St. Paul City of Waterville ATTACHMENT 2 Primary Areas of Practice Local Government Law Municipal Law School Law Township Law Public Finance Real Estate Municipal Bonds Economic Development and Redevelopment Public Utility Law Eminent Domain Litigation and Appeals Housing Law Environmental Law Employment Construction Law Kennedy C H A R T E R ED 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 612.337.9300 Main 612.337.9310 Fax 1.800.788.8201 Toll Free www.kennedy-graven.com Kennedy Local Government Law Great cities, schools and townships do not come about by accident. They are built, one detail at a time, with a clear vision of the future that extends far beyond the current generation. Even though many people do not know our firm by name, the quality of our work makes a difference in the quality of life for thousands of citizens in Minnesota. Kennedy & Graven, Chartered combines the tradition and history of two of the state's leading law firms in the fields of local government law, public finance, and development. The attorneys of LeFevere, Lefler, Kennedy, O'Brien, & Drawz, P.A. (founded in 1958), joined Holmes & Graven, Chartered (founded in 1973), in 1989. Today, Kennedy & Graven stands as the largest Minnesota law firm that practices primarily in local government law. Municipal Law Kennedy & Graven is the designated city attorney for cities representing over 380,000 residents. Kennedy & Graven works with many additional cities for their special needs including public finance and litigation and also represents special authorities, such as EDAs and HRAs. We help with complex or controversial land use issues that require thoughtful, experienced representation. Our firm has been called upon for our knowledge in controlled growth plans, subdivision regulations, zoning ordinances, adult uses, and planned unit developments. Our attorneys assist with the entire economic development and redevelopment process, including development agreements, land acquisition and all types of financing. Our attorneys also practice in the areas of construction, employment, ordinance enforcement, and land use disputes. We counsel communities in the financing and management of housing. Our practice includes public housing, Section 8 housing, housing cooperatives, senior housing and housing for persons with disabilities. Our firm also assists in acquisition of land by the public to ensure that infrastructure is available to support a strong economy and quality of life. Our municipal law practice includes: General Counsel Development and Redevelopment Land Use Housing Litigation Eminent Domain Employment and Personnel Utilities Environmental Law Municipal Bonds Public Finance At Kennedy & Graven, we believe in thoughtful financial stewardship. We know that luxurious overhead does not provide a better product for our clients. Our billing rates reflect that philosophy. Public Finance We help design financing to fund growth and thoughtful change. Kennedy & Graven is a leading firm in all types of public financing. The firm has offered continuous services as bond counsel since 1958. We have represented more than 250 local government clients in Minnesota and other states as bond counsel for all types of financing transactions, including: General obligation bonds Governmental revenue bonds Private activity revenue bonds Tax increment bonds Lease purchase financing Hospital and other health care revenue bonds Housing revenue bonds Educational revenue bonds Public Utility Law We represent the interests of municipalities and school districts throughout Minnesota on a full range of matters pertaining to rates and agreements for electric power, natural gas, telephone, and cable television services. Township Law Governing boards of townships grapple with a wide range of legal issues — matters that are often unique to townships or significantly different from their city counterparts. Kennedy & Graven represents many townships throughout the state in various matters including: General Township Law Planning, zoning, roads, cartways, bridges, ordinances, joint powers agreements, contracts, data practices, town board administration, and urban towns. Municipal Bonds General obligation bonds, including bonds to finance infrastructure and equipment. Litigation Land use disputes, construction, ordinance enforcement and other court matters. Construction Law We counsel on construction contracts, contract administration, and dispute resolution. Representative projects include road and utility improvements, parks and amenities, wells, reservoirs, school buildings, libraries and other public buildings. Litigation and Appeals We provide litigation and appellate services for municipalities, schools and private clients in state and federal court. Our litigation attorneys are experienced in trial work for a variety of cases, including land use, construction, employment and commercial disputes. School Law School Districts must comply with a large variety of state and federal laws that are directed specifically to schools and education. Kennedy & Graven represents numerous school districts in various matters including general legal matters, school bonds and litigation. Representation includes: Student Issues Discrimination, harassment claims, equal protection claims and parental rights. Employment Law Employee discipline and discharge, discrimination, harassment claims and teacher tenure issues. Business and Real Estate Competitive bidding, contracts, public communication and land acquisition. Labor Relations and Collective Bargaining Negotiations, agreements, arbitration, mediation, strike plans and preparation. Special Education Due process hearings, state and federal actions and appeals, mediation and litigation. Public Finance — Bonds Construction Contracts Litigation The Attorneys Our attorneys are knowledgeable and experienced in multiple areas of public law, so we can offer immediate and effective advice on a wide range of public law matters. Professional accomplishments of Kennedy & Graven attorneys include the following: • Attorneys who have been designated SuperLawyers' ' by Minnesota Law and Politics. • Attorneys experienced in representation before the Minnesota Court of Appeals, Minnesota Supreme Court and Federal Appellate courts. • Attorneys certified by the Minnesota State Bar Association as Real Property Law Specialists. David J. Kennedy influences the firm by his understanding and respect for the important role that local government has in our society; for his genuine interest in public law; and for a law practice philosophy that emphasizes keeping clients informed through effective communication. David L. Graven was a law professor, politician, and trial attorney and was extremely active in public policy dialogue. He loved being on the leading edge of the law and had great enthusiasm for public affairs. He had high standards for excellence and an unparalleled ability to bring out the best in others. One of David Graven's favorite sayings was "upward and onward." His spirit lives on at Kennedy & Graven. For more information, please call any of our attorneys at 612 - 337 -9300 or toll -free at 1- 800 - 788 -8201 Kennedy CH AR T E R ED Offices in Minneapolis Saint Paul St. Cloud 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 (612) 337 -9300 telephone (612) 337 -9310 fax http://www.kennedy-graven.com Affirmative Action, Equal Opportunity Employer MICHAEL T. NORTON Attorney at Law Direct Dial (612) 337 -9242 Email: mnorton @kennedy- graven.com June 30, 2008 Dear Lino Lakes City Council and City Management Team: Thank you for the opportunity to submit a proposal to provide legal services to your City. I have devoted nearly my entire professional career to representing local government, and it would be a privilege to serve as your City Attorney. We are proposing a team approach in order to insure timely response to requests for legal services. I will be the primary contact and Corrine Heine will assist. As well, Charlie LeFevere will be a member of our team offering his 33 years of experience. We will be able to use my 28 years of local government experience and Corrine's 23 years of experience to reduce costs for the City by being as efficient as possible. Rather then spending our time, and the client's money, researching city law, we will be able to rely on our past work and experience to immediately start producing the advice or documents needed. Efficiently providing quality services ultimately costs a client less than paying a lower hourly rate to someone who cannot achieve the same level of efficiency, even if working at a lower hourly rate. Kennedy & Graven is truly one of the few full- service local government firms in the state, and I believe no other firm can match our breadth and depth of experience with local governments. If Corrine or I don't know the answer to a particular question, another of our experienced attorneys, such as Charlie LeFevere, will. Also, we are able to walk down the hall to draw upon the decades of experience of the other attorneys in the Firm as needed to better serve the City, since it is important to us that your City receives prompt responses from our office if Corrine or I ever happen to be unavailable when your City needs immediate assistance. The following Proposal contains a great deal of information regarding the Firm and its services. Please do not hesitate to contact me if I can provide any additional information that may be needed to assist the City i n making its decision. Feel free to view the Firm's web page, located at www.kennedy-graven.com. Very truly yours, Michael T. Norton 335331v8 MTN KG400 -11 0 • • • • • 335331v8 MTN KG400 -11 KENNEDY & GRAVEN, CHARTERED PROPOSAL FOR CITY ATTORNEY SERVICES CITY OF LINO LAKES CONTACT: MICHAEL T. NORTON 470 U.S. BANK PLAZA 200 SOUTH SIXTH STREET MINNEAPOLIS, MN 55402 Telephone: (612) 337 -9300 Date: June 30, 2008 • • • v • • • PROPOSAL SUMMARY Firm Kennedy & Graven, Chartered, Minneapolis, Minnesota Largest law firm in Minnesota serving primarily local governments Attorneys Thirty -eight attorneys Approximately 90% of Firm's total billings relate to local government work Experience Represents, or has provided services to, approximately: Over 300 cities; 80 townships; 100 schools; counties; and numerous other political subdivisions and districts around the state Scope of Services All civil matters and other services upon request Lead City Attorney Assistant City Attorney Michael T. Norton — 28 years of service to local government. Corrine Heine - 23 years of experience working exclusively with local governments. CITY ATTORNEY SERVICES PROPOSAL Kennedy & Graven, Chartered proposes to provide the City of Lino Lakes with all of the civil legal services described in its Request for Proposals for Civil Legal Services. LEGAL SERVICES The Firm is requesting it be considered to provide civil legal services to your City as needed. The Firm is also able to provide a range of other legal services. We are currently providing public financing and bonding assistance to your City. • A. FIRM BACKGROUND: • • 1. Firm History Kennedy & Graven, Chartered, combines the tradition and history of two of the state's leading law firms in the fields of local government law, public finance, and development. LeFevere, Lefler, Kennedy, O'Brien & Drawz, P.A., founded in 1958, and Holmes & Graven, Chartered, founded in 1973, combined their law practices in 1989. Since 1989, the Firm has expanded and diversified its representation of public and private clients. The Firm's practice 2 • • continues to focus on local government law, public financing, litigation, employment law, condemnation, education law, and real estate. The foundation of our success rests on solid, long -term relationships with our clients, some of whom we have represented since the 1950's. We are dedicated to the interests of our clients and the delivery of responsive, creative, practical, and high quality solutions to their problems. 2. Number of Attorneys and Areas of Expertise a. Number of Attorneys The Firm has thirty -eight lawyers consisting of twenty -six shareholders, nine associates, and three of- counsel attorneys. The Firm's practice is primarily comprised of representing local governments, and six of our lawyers represent school districts throughout Minnesota. • Approximately 90% of our Firm's total billings are in relation to local government work. b. Areas of Expertise The Firm's practice is concentrated on the representation of local governments including cities, townships, schools, economic development authorities, housing and redevelopment • authorities, port authorities and joint powers entities. The Firm has broad experience in the following areas: • • • • Local Government Law The Firm represents a large number of cities, townships and other local units of government. The scope and depth of our experience makes us uniquely capable of serving the current and future needs of the City. Our attorneys have experience in all aspects of local government representation including, but not limited to: contract procedures and drafting; working with joint powers entities, planning commissions, charter commissions, and other boards and committees; ordinance review and drafting; real estate transactions; transactional issues such as complying with the open meeting law and data practices act; planning and zoning implementation, administrative enforcement; and employment. Municipal Litigation Since its inception, Kennedy & Graven has engaged in a substantial and varied litigation practice. More than one -fourth of the Firm's attorneys practice to some extent in the litigation area. While the Firm prefers to avoid or minimize client exposure to litigation, in the last four years the Firm has tried approximately twenty -four matters to conclusion, including eight jury trials. Other areas of our litigation practice include eminent domain, land use, real estate, franchise /utility /telecommunications, and general municipal matters. Depending on the issue, Mike can select the appropriate seasoned litigator to represent the City. 3 • Development Issues • An essential element of local government legal representation is advising clients concerning a host of platting, land use, comprehensive plan and subdivision issues which municipalities and cities face on a daily basis. Attorneys in our Firm have extensive and long -term experience in such matters. Mike Norton has extensive experience assisting cities with development projects. Mike understands the problems associated with working with cities whose host county administers • planning and other regulatory functions. As part of its general municipal representation, our Firm regularly drafts, interprets, and applies zoning regulations. Mike Norton has over 20 years experience in advising local government clients on planning and land use matters. For example, Mike has worked with a number of clients seeking to modernize their planning documents and zoning codes, particularly as the client faces • internal and external development pressure. Corrine regularly works with zoning issues on behalf of her municipal clients. Attorneys with the Firm have drafted and reviewed hundreds of zoning ordinances pertaining to such things as shoreland regulations, development moratoria, and subdivision regulations. In addition, we have codified the zoning ordinances for numerous municipalities. • • • • In addition, Kennedy & Graven handles both routine and complex condemnation proceedings. This includes public purpose challenges, quick take challenges, severance claims, going concern claims, relocation claims and fixture value claims. Corrine Heine, Robert Lindall, John "Mac" LeFevre, and Bob Vose principally handle those matters. Mr. Lindall and Mr. LeFevre are co- authors with Mary Dobbins of the book, Minnesota Condemnation Law and Practice. Finally, we regularly assist our municipal clients throughout the special assessment process to ensure compliance with statutory procedures. Charlie LeFevere' expertise will be available to the City in this regard. We consult with staff in preparing assessment rolls, acquiring property when needed, and handling assessment appeals. Municipal Finance The Firm, through Steve Bubul, is presently providing public finance services to the City, but we want to re- acquaint you with our experience in this area. Kennedy & Graven is one of the state's most active firms in public financing, tax increment financing, development and redevelopment matters. The Firm has negotiated and drafted hundreds of agreements for public entities in Minnesota and throughout the Midwest. In addition, our attorneys provide general and special finance counsel for municipalities across Minnesota. As a nationally recognized bond counsel firm, Kennedy & Graven has acted as bond counsel throughout the United States and for over 250 public entities in Minnesota. The Firm and seven of its attorneys are members of the National Association of Bond Lawyers and are listed in the Municipal Bond Attorneys of the United States section of "The Bond Buyer's Directory" ( "Red • Book "). Kennedy & Graven has a broad base of experience in connection with the issuance and sale of public debt, at the local, regional and state levels. We have acted as bond counsel, 4 • • underwriter's counsel, company counsel and issuer's counsel in issues of general obligation bonds, tax increment revenue bonds, industrial development bonds, and single family and multifamily • housing bonds. Utilities and Franchise Law Kennedy & Graven represents numerous cities throughout the state on cable franchising, right -of -way, and other utility matters. In addition, the Firm represents the Suburban Rate Authority (SRA), a joint powers organization consisting of forty -two metropolitan area suburban municipalities. The SRA regularly intervenes in rate cases before the Minnesota Public Utilities Commission, which involve Northern States Power, Minnegasco, Qwest, and other utilities as parties. The Firm represents various municipal utility commissions, including the Kenyon Municipal Utility Commission, which includes an electric generating facility. The Firm also represents a number of cable commissions throughout Minnesota. • Our attorneys have broad experience regarding other issues such as utility rates, utility rate design, franchise negotiation, and use of the right -of -way by utility users. The Firm's significant experience in land use and utility matters has also created a depth of knowledge in the wireless telecommunications issues facing local governments, such as tower and antenna leases on public property and zoning of such facilities on private property. Jim Strommen has represented the City • on right -of -way and utility issues, and will assist as necessary in the future. • • • • • c. Other Areas of Expertise: Municipal Licensing The attorneys in our Firm regularly advise our municipal clients on municipal licensing matters, including reviews, suspensions and revocation proceedings. City Code Enforcement The attorneys in our Firm regularly advise our local government clients on code enforcement matters, including drafting and revision of ordinances, enforcement of nuisance provisions, hazardous building actions, and others. Employment Law / Labor Relations The Firm is actively involved in the employment and personnel area. Our experiences include discipline /discharge cases; unemployment compensation hearings; race, sex, disability and age discrimination cases; sexual harassment cases; Veterans' Preference Act cases; reviews of personnel policies/handbooks, employment contracts and affirmative action plans; advice on pay equity /comparable worth plans; FLSA issues, labor - management contracts; PERA issues, and Minnesota Government Data Practices Act issues. Kennedy & Graven has defended these cases in federal and state courts, arbitrations, and before the Minnesota Human Rights Department, the federal EEOC, the Minneapolis Commission on Civil Rights, and the Commissioner of Veterans Affairs. Mike Norton has extensive experience in addressing PERA and labor relations issues and 5 • • negotiating agreements with public employee groups and unions. Mac LeFevre will be a resource we will consult as necessary on difficult issues or negotiating matters. Real Estate The Firm's attorneys provide a full range of services in the area of real estate law to both municipalities and private clients. Corrine Heine is a certified by the Minnesota State Bar Association as a real property law specialist. General and Public Contracting The attorneys in our Firm regularly advise our municipal clients on public contracting matters, including drafting and reviewing contract documents and answering bidding questions. Mike Norton regularly advises his clients on these matters and has spoken at seminars on public bidding and contract issues for the Firm's clients. Environmental and Superfund Law Kennedy & Graven has practiced extensively in environmental law through the representation of both public and private clients. Our experience includes providing advice and litigation representation concerning the Minnesota Environmental Rights Act, historic preservation, environmental impact statements, and environmental worksheets. Mike Norton has significant experience working on and supervising attorneys handling a variety of environmental issues. Joint Powers The Firm has extensive experience with joint powers organizations. We have prepared numerous joint powers contracts for groups of municipalities for various purposes. Mike Norton has drafted several such agreements and has advised many clients on issues arising from such agreements. Kennedy & Graven currently serves as general counsel to several joint power entities, including the Hennepin Recycling Group and the Local Government Information Service. Legislative Kennedy & Graven has for many years been active in legislative matters on behalf of our clients. We have drafted and lobbied for many amendments to land use statutes, the Industrial Development Revenue Bond Act, the Municipal Housing Finance Act, tax increment laws, • telecommunication and right -of -way legislation, and various other statutes on behalf of our public clients. Ordinance Codification and Ordinance Updating Our Firm regularly drafts ordinances on any number of subjects and has codified the codes for the Cities of Crystal, Inver Grove Heights, West St. Paul, Brainerd, Prior Lake, Richfield, • Hopkins, Independence, Richmond, Robbinsdale, Minnetrista, South St. Paul, Kenyon, West 6 • • • Concord, and Melrose. We also maintain the codes in a current updated condition for several of the cities we represent. City Charter Issues The Firm has extensive experience in representing charter cities. Steve Bubul of our Firm is currently advising the City on possible amendments to your charter relating to the financing of public improvements. Mike Norton has extensive experience advising charter cities and charter • commissions. • • • • • We have the experience to efficiently assist the City in navigating the issues related to these areas and other issues which could arise as the City continues to grow. 3. Support Personnel a. Paralegals Our Firm has eight paralegals. When it is more efficient and economical for the City, certain work may be assigned to clerks or paralegals working under the direct supervision of the responsible attorney. Certain of the activities encompassed by this proposal, such as the initial drafting of condemnation petitions, routine litigation and public finance documents, and routine real estate matters may be assigned to one or more of the following paralegals: i. Cathy Rocklitz - Ms. Rocklitz has been a paralegal with our Firm since 1979. Virtually all of her time is spent on municipal real estate and eminent domain matters. ii. Cheryl Willey - Ms. Willey has been a paralegal since 1985. All of her time is spent on municipal and public finance matters. iii. Terry Berg - Ms. Berg has been a paralegal for 15 years. Ms. Berg spends 100% of her time on public finance, real estate and general municipal matters. iv. Nancy England — Ms. England has over 20 years experience as a paralegal. Most of Ms. England's time is spent on real estate. v. Julianne Pearson — Ms. Pearson has over 5 years experience as a paralegal. Ms. Pearson spends 100% of her time on real estate issues. vi. Toni Decker — Ms. Decker has over 15 years experience as a paralegal. Ms. Decker spends 100% of her time on education litigation. vii. Barbara Skaar — Ms. Skaar has over 5 years experience as a paralegal. Ms. Skaar spends 100% of her time on public finance, real estate and general municipal matters. viii. Ellen Gerdts — Ms. Gerdts has over 2 years experience as a paralegal. Ms. Gerdts spends 100% of her time on public finance, real estate and general municipal matters. 7 • b. Other Support Personnel • Our Firm's support staff totals 18 persons in administrative, accounting, and secretarial work. The Firm's administrator oversees the day -to -day administration of the Firm. The Firm also has a law clerk to assist our attorneys in researching City issues. 4. Office Organization and Support Capabilities • Kennedy & Graven is a professional corporation consisting of thirty -six lawyers. The Firm is run by an Executive Committee, which consists of five members including the Firm's President, from the Firm's Board of Directors, who serve staggered two -year terms. A full -time office administrator reporting to the President and the Executive Committee is responsible for the implementation of the directives from the Executive Committee and Board of Directors, and for • overseeing the day -to -day operations of the Firm. Secretaries are assigned to designated attorneys. Law clerks and paralegals are available to all attorneys on an as- needed basis. • • 5. Office Locations 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 (612) 337 -9300 telephone (612) 337 -9310 fax 1- 800 - 788 -8201 toll free Suite 320 501 W. Germain Street St. Cloud, MN 56301 1- 320 - 240 -8200 telephone (by appointment) 6. Statement of Malpractice Claims, Ethics Complaints Suite 700E Six West Fifth Street St. Paul, MN 55102 (651) 223 -2840 telephone (651) 224 -8328 fax (by appointment) The Firm has one malpractice issue arising from its government services. In 2007, the Firm failed to obtain service of a condemnation action prior to the effective date of statutory changes. The Firm promptly notified the client, recommended another firm to handle the condemnation case at issue and secured the cooperation of its insurance carrier. As well, we reviewed how the mistake arose and have taken corrective action to insure the problem will not arise again. While the matter remains active because the underlying condemnation action has not reached completion, we believe the city's interests have been protected. The city remains a client of the Firm. There are no ethics complaints /actions pending review by the State Ethics Board relating to any of our attorneys. 7. Malpractice Insurance The Firm carries professional liability insurance with Navigators Insurance Company, with policy limits of $5,000,000 per claim and $5,000,000 annual aggregate. The policy does not contain exclusions beyond those standard in the industry for this type of policy. • • 8. Statement of Billings for Municipal Work In 2007, approximately 90 %+ of the Firm's billings were derived from work with local governments. 9. Representative Client List • The Firm has provided general and specialized (e.g. litigation, public finance) services to the governmental units identified on Exhibit A. • 10. Recent Representation We have not stopped our representation of any cities in the last three years. We have commenced representation of the towns identified on Exhibit A in the last three years as town council or for special projects. We have commenced representation of the cities of Oak Grove and Pine Island in the last three years. 11. Client References • The following are some of the clients represented by the attorneys being proposed as the City Attorney and Assistant City Attorney: • • Crystal Cottage Grove Victoria Anne Norris Ryan Schroeder Don Uram City Manager City Administrator City Administrator 4141 Douglas Drive North 7518 80th Street S. 7951 Rose Street Crystal, MN 55422 Cottage Grove, MN 55016 Lino Lakes, MN 55386 763 -531 -1140 651- 458 -2822 952- 443 -4211 Mike is City Attorney for Crystal and Victoria, and has worked on Cottage Grove projects. Corinne is City Attorney for Cottage Grove, and has worked on Crystal projects. Additional references are available upon request. 12. Firm's View of Responsibilities Toward the City As legal counsel, our responsibility is to provide well - grounded, timely, cost effective and objective legal advice, in order to assist the City in its decision - making and policy implementation activities. As City Attorney, Mike Norton will serve as the primary legal adviser to the City. He is the principal contact person for the City, will attend all meetings as requested (subject to illness, vacation, etc.), and is responsible for the overall coordination of work to the extent other Firm attorneys are involved. We have identified above the attorneys likely to handle specialized matters • for the City. Mike will assign work to these other attorneys within the Firm when it is in the City's best interest. Mike and Corrine will personally perform the bulk of the legal work for the City. As a 9 • Firm dedicated primarily to local governments, we have the personnel with the knowledge to make sure the City gets prompt and comprehensive answers to its legal questions consistent with the • priority the City places on the timing of the response. It is our philosophy to make every attempt to respond the same day to requests for legal services from the City. Rarely, circumstances may not permit such contact in every situation, but we will respond to your calls and emails the same day or the next day at the latest. We will also provide you with emergency contact numbers to assist in keeping this pledge. Since the provision of legal services involves the careful consideration of facts and the application of the relevant law, we will agree on a delivery schedule for the requested legal advice with the City Administrator or designated staff in the event the answer cannot be given immediately. Given our depth and the breadth of our experience, we will be able to deliver the highest quality advice in the shortest reasonable time to assist the City in performing its functions as efficiently as possible. • 13. Conflict of Interest • • • • • • • We are not aware of any conflict with an existing client that would arise from our representation of the City of Lino Lakes. We do not represent any immediately adjacent cities. • The Firm (primarily one attorney) represents only a few real estate developers on specific projects, none of which are in cities that we represent. The Firm presently represents Pemtom Land Company, Pratt Construction, Inc., Peter Andrea Company, Laukka - Jarvis, Inc. (Centennial Lakes Development), and Richard Miller. Neither Mike nor Corrine, nor members of our team represent any developers at present. (Mike has represented developers in the past, but only in Minneapolis.) • To the Firm's knowledge, no real estate developer that our Firm represents has any connection to real estate in Lino Lakes. The work that our Firm does for these clients is approximately one percent of the Firm's total billings. We make it very clear to these clients that we will not represent them in any matter relating to a City that we represent. • The Firm has a computerized conflict - checking system that is used to identify potential conflicts. The system maintains a database containing the names of all clients of the Firm and all opposing parties. This database is checked each time that the Firm opens a new matter. If a potential conflict exists we notify each client. If an actual conflict exists, we would withdraw from representing either client unless both clients consent to our representation. B. ATTORNEY QUALIFICATIONS: 1. City Attorney Mike Norton will serve as the designated lead attorney for the City. Mike's biographical data is located at Exhibit B. Mike utilizes his 28 years of government experience as the City Attorney for Crystal, Victoria and Franklin. In addition, Mike provides public redevelopment 10 • • services to Brainerd, Franklin, Victoria, St. Louis Park, and to the Brainerd Lakes Area Development Corporation, a non - profit serving the cities and towns in the Brainerd area. Mike's percentage of total work relating to municipal civil law in the last three years is 95 %. No litigation has been commenced against Franklin or Crystal while Mike has served as City Attorney. One case by homeowners challenging assessments for street/utility improvements was commenced in Victoria. The City prevailed in this matter. 2. Experience with the Firm Mike has been with the firm since 2003. Mike is a shareholder, has served on the firm's Executive Committee (managing committee), and is presently serving as president of Kennedy & Graven. Mike practices primarily in the Firm's Municipal Group. 3. Assistant City Attorney Corrine Heine would serve as the Assistant City Attorney for Lino Lakes and provide legal services in Mike's absence or unavailability. Corrine's biographical data is located at Exhibit B. She graduated magna cum laude from the University of Minnesota Law School and has spent her entire professional career representing local government units. She joined the LeFevere Lefler law firm in 1985 and became a director at Holmes & Graven in 1989. She has been a shareholder with Kennedy & Graven since 1995 and has served as a managing officer of the Firm twice since then. Corrine currently serves as the City Attorney for Cottage Grove and Richfield and handles real estate, eminent domain and data practices issues for many of the Firm's clients. She also regularly serves as special counsel to the City of Minnetonka on eminent domain matters. Corrine is certified by the Minnesota State Bar Association as a Real Property Law Specialist. Since 2005 she has been recognized by her peers as a Law & Politics Super Lawyer. Over 95% of Corrine's total work in the last three years has been related to municipal civil law, primarily in the areas of general legal services, real estate and eminent domain. Corrine's litigation practice is primarily restricted to eminent domain matters. She has handled numerous eminent domain actions in the past five years for various clients, most of which have resulted in negotiated settlements and a few of which have resulted in commissioner awards. 4. Other Available Attorneys /Staff While Mike and Corrine will provide the bulk of the day -to -day services to Lino Lakes, Mike may assign City work to other attorneys in the firm as necessary to provide the most responsive and efficient services to the City. Attached as Exhibit C is a more comprehensive list of our attorneys and their respective practice areas and specialities. For example, Charlie LeFevre will be available for general public authority issues and particularly issues relating to special assessments for public improvement projects. Steve Bubul currently is the primary person providing public finance services to the City. Again, depending on the issue, any of our paralegals could be asked to assist the City, primarily in real estate matters in order to provide the best possible service to the City at the lowest reasonable cost. Cathy Rocklitz or Nancy 11 • England would typically be assigned to provide real estate paralegal services to Lino Lakes. If the City had a need for specialized advice such as on right -of -way /telecommunications issues, • we have recognized experts in -house such as Jim Strommen or Bob Vose to provide advice on those selected matters. Bob Lindall will be available to handle real estate matters as a back -up to Corrine. Bob is certified by the Minnesota State Bar Association as a Real Property Law Specialist. We may also use the expertise of our experienced associates, Sarah Sonsalla or Linda Thompson to assist Mike and Corrine. We want to emphasize our dedication to oversight of City work: Mike will remain responsible for the selection, direction and review of the work of all attorneys and • professional staff who assist on Lino Lakes matters. 5. Allocation of Work Mike Norton will be providing the majority of services to the City and in his absence or unavailability, Corrine Heine would assist in order to maintain continuity and efficiency in how • we provide service to the City. If work is delegated to other attorneys, Mike would still be responsible for working with the City Administrator or designated staff and the assigned attorney to establish a deadline for "deliverables" to be provided to the City, and manage coordination issues to insure the deliverables are timely and address the issues raised by the City. As an example, Mike may prepare an opinion relating to a zoning matter, but could assign legal research or initial drafting to an associate or other shareholder in the firm with expertise and • experience in a particular area. Similarly, in the area of real estate transactions, it is almost always more efficient for an experienced paralegal such as Cathy Rocklitz to prepare the required documents for a real estate closing for review by the assigned attorney, typically Mike or Corrine. The bottom line is that Mike remains responsible for the coordination and delivery of services to the City regardless of who the assigned attorney or support person may be. • • 6. Current Responsibilities Mike currently serves as City Attorney for Crystal and Victoria which involve participation at regularly - scheduled city council meetings, but which do not conflict with the City's meeting schedule. Mike is also the City Attorney for Franklin, which does not involve meeting responsibilities. 7. Availability of Attorneys Mike has no evening meeting conflicts which would preclude him from the regular attendance at the Lino Lakes city council meetings. Mike is also available during regular • business hours to assist the City via telephone, emails, or scheduled meetings in the City with staff as directed by the City Administrator. Similarly, Corrine Heine has no other evening meetings currently scheduled on the evenings that the Lino Lakes city council meets and is also available for in- person meetings, telephone consultations, and responding by email during business hours in the event of Mike's unavailability, or on projects for which she is responsible. • 12 • • • C. Fees: 1. Fixed Fees We have provided a draft legal services contract for the City to consider which addresses rates for the services the City has identified, at Exhibit D. In our experience, the City may receive proposals with initially lower fees for some services. We believe our fees are competitive, as the $140/hour suggested for general legal services reflects the general range we typically charge our • current clients. We understand the current economic climate cities operate in, and would agree to hold our rates without change through 2009. Thereafter, we typically would request a moderate increase relative to the increased cost of doing business. • • • • • • • We believe our fees will be cost effective for the City, even if initially higher than another proposal. We are providing a team of highly- experienced lawyers with years of service to local government. Our depth and breadth of experience in the Firm will permit the City to benefit from a "one stop shop" law firm, offering further efficiencies and likely cost savings to the City. We recognize the City's right to negotiate these fees with us if we are selected as City Attorney. 2. Alternate Fee Arrangements We are also open to exploring the use of a retainer agreement for identified services to be provided to the City, such as meeting attendance and routine legal services. However, since we are unfamiliar with the City's practices, it is difficult in advance of establishing the attorney /client relationship to determine whether a retainer is in the best interest of the City or Kennedy & Graven. While some of our clients prefer a retainer, most of them seem to prefer hourly billing at agreed -upon rates for identified classifications of services, as we have suggested. We certainly understand that the City reserves the right to negotiate with us on the fee structure if we are selected as City Attorney. 3. Billing Increments and Other Costs The minimum increment of time billed is one -tenth of an hour for all service. There is no minimum increment for any type of service. The Firm will bill its out -of- pocket costs as described in Exhibit D. Our billing statements provide detail for all fees and costs as requested by the City. Kennedy & Graven can fully meet the City's preferred format for monthly billing statements. CONCLUSION We believe that our firm is without equal in terms of providing the breadth, depth, and quality of municipal legal services in this area. We believe that our depth and experience permits us to provide the highest quality legal services to Lino Lakes in the most effective and efficient way and at the lowest reasonable cost. We believe in (and have consistently maintained) long -term relationships with our municipal clients. While it is possible to find lower rates from other proposers, there are no "low ball" rates in the suggested fee schedule we have 13 • provided. Certainly we would need to acclimate ourselves to your staff and the council, but our experience permits us to quickly accomplish this task. We can be prepared from day one to • provide high - quality legal services to the City of Lino Lakes, without a significant "break in" period where someone is learning about the City at the City's cost. Moreover, since we do not believe in "low balling" our rates only to seek a hefty raise in the second or third year of the contract, we believe that we can provide a consistent rate structure that the City can count on in its own budgeting processes. • Thank you for this opportunity to offer our Firm's services to your City. KENNEDY & GRAVEN, CHARTERED 4 • Dated: June 30, 2008 • • • • • By: 14 Michael T. Norton President Kennedy and Graven, Chartered 0 • EXHIBIT A REPRESENTATIVE CITIES / TOWNS/ OTHER ENTITIES • Designated City Attorney for the following cities: • • • Belle Plaine Mound Brooklyn Center Mounds View Brooklyn Park New Brighton Cambridge New Prague Cottage Grove Oak Grove Crystal Pine Island Faribault Richfield Franklin Robbinsdale Independence Rosemount Kenyon Sandstone Lauderdale Shakopee Marshall Victoria Medina Watson Minnetrista West Concord Special counsel on an on -going basis to dozens of cities, cities, counties, joint powers organizations, and other public bodies, including: Blackduck Marshall Bloomington Minneapolis Burnsville Minneapolis Community Planning and Cokato Economic Development Department Columbia Heights Minnetonka Duluth Rochester Dundas St. Paul Hopkins Staples Inver Grove Heights League of Minnesota Cities Lake City Minnesota Association of Townships • • • • • 4 General counsel to the following Economic Development Authorities, Housing and Redevelopment Authorities, and Port Authorities: Brainerd Burnsville Cambridge Chanhassen Columbia Heights Cottage Grove Crystal Faribault Kenyon Townships: (some on specific projects) Baldwin Bemidj i Birch Creek Birchdale Castle Rock Crooked Lake Daggett Brook Denmark Ellsworth Fair Haven Farm Island Girard Grant Valley Grattan Greenwood Gully Lino Lakes Marshall Monticello Richfield Robbinsdale Rosemount St. Louis Park Shakopee Lino Lakes Hampton Helga Henrietta Henryville Hickory Irondale Janesville Kanabec Kathio Kimberly Krain Lake Jessie Lake Sarah Leon LeSauk Maine Prairie Special Purpose Represented Entities: Lake Minnetonka Conservation District Local Government Information Service • (LOGIS) Hennepin Recycling Group (HRG) Suburban Rate Authority (SRA) • • Mantrap Maplewood Medford Munson New Prairie Norman Norway Ogema Oxford Rockwood Roosevelt Roseville Rutland San Francisco Scandia Valley Scott Shafer Shamrock Stanton Staples Ten Lake Thorpe Trelipe Turtle Lake Udolpho Utica Woodrow White Oak Wirt Lower Rum River Watershed Management Watershed Management Commissions Bassett Creek, Lower Rum River, Shingle Creek, West Mississippi Finally, the Firm provides tax increment, bond counsel, development and redevelopment, and other legal services to dozens of other cities, cities, counties, port authorities, EDAs, and HRAs on an as requested basis. A -2 EXHIBIT B • ATTORNEY RESUMES • • • • • • • B -1 • • s • • • • • • • • Michael T. Norton LOCAL GOVERNMENT LAW / DEVELOPMENT LAW/ EMPLOYMENT LAW J.D., William Mitchell College of Law, 1978 B.S., Georgetown University, 1970 PRIMARY PRACTICE AREAS • Michael Norton practices in the areas of Local Government Law, Development Law, and Employment Law. Mike also provides real estate and development services to Minnesota towns, and procurement, contracting, and real estate services to school districts. Mike has been with the Firm since 2003 and was elected as a shareholder in 2005. BACKGROUND • Mike earned his B.S. in Foreign Service from Georgetown University in 1970. He served in the United States Air Force from 1971 to 1973. Mike graduated from William Mitchell College of Law in 1978 and started his legal career as a legal aid lawyer. Mike later was an attorney with the Minneapolis City Attorney's Office, serving as a prosecutor, civil litigator, acting City Attorney, and Civil Deputy City Attorney. Mike has over 26 years of experience as a lawyer providing high- quality legal services to his private sector business and development clients and his public sector clients, working for large and small cities and towns and school districts. Mike is the city attorney for Crystal, Franklin, and Victoria, and development counsel for the City of Marshall, the Brainerd Lakes Area Development Corporation and the Victoria Economic Development Authority. Mike also provides services to his private clients. Mike focuses on complex land use, governmental authority, development law, public contracting, employment law and litigation matters. Mike routinely handles the most sensitive and controversial matters for his clients. Mike's skills include the ability to develop strategies to implement complex and politically sensitive policy decisions. Mike believes strongly in providing his clients with proactive legal advice to prevent or minimize liability, while assisting elected officials and professional staff in accomplishing their goals and objectives. MEMBERSHIPS AND PROFESSIONAL ACTIVITIES • Michael Norton is a member of the Minnesota State Bar Association and the Hennepin County Bar Association. He has also taught as an Adjunct Professor at the William Mitchell College of Law since 1983. PERSONAL • Among Mike's many interests are his family, home remodeling and landscaping, and perfecting his golf swing. Mike is also involved in various Bloomington youth sports activities with his daughter, and volunteers with the Bloomington Athletic Association (BAA) and traveling athletic teams. "My professional goal is to provide the highest quality, cost - effective legal services to our clients. Kennedy & Graven shares that goal. The Firm's collegial atmosphere and professional support staff enables me to efficiently and economically maximize results for my clients." Kennedy H A R T E R E D • • • • • • • • • • Corrine A. Heine • LOCAL GOVERNMENT LAW / EMINENT DOMAIN / LAND USE / LITIGATION J.D. (magna cum laude), University of Minnesota, 1983 B.A. (summa cum laude), Wartburg College, 1979 PRIMARY PRACTICE AREAS • Corrine's practice is focused on municipal law, advising local government bodies on the wide range of issues that they face daily. Whether the issue involves public contracting, land use, employment or the Open Meeting Law, the firm's clients depend upon prompt and capable legal advice. In addition to serving as the city attorney for Cottage Grove and Richfield, Corrine also regularly advises the firm's clients on data practices compliance and real estate matters, including eminent domain. BACKGROUND • A history and political science major, Corrine earned her Bachelor of Arts degree in 1979 from Wartburg College in Waverly, Iowa, where she graduated summa cum laude. After a year -long stint of working in secretarial positions for the Minnesota Legislature and St. Paul City Attorney Office, Corrine enrolled at the University of Minnesota Law School. She graduated magna cum laude from the University in 1983. Following law school, Corrine worked as a law clerk for Judges Edward A. Bearse and Stanley N. Thorup of the Anoka County District Court. From 1985 to 1989, she practiced with the LeFevere, Lefler, Kennedy, O'Brien and Drawz firm. She joined the predecessor firm to Kennedy & Graven in 1989. MEMBERSHIPS AND PROFESSIONAL ACTIVITIES • Corrine is certified by the Minnesota State Bar Association as a Real Property Law Specialist. She has also been recognized by her peers as a Lan' and Politics Super Lawyer© since 2005. Commitment to public service is a cornerstone of Corrine's law practice, and that commitment extends to leadership in various professional organizations. She has served as the state chairperson for the International Municipal Lawyers Association since 1992. She is a member of the Minnesota City Attorneys' Association, where she has served on the board of trustees and as president. She is a member and past - president of Minnesota Women Lawyers. She is active in the Hennepin County Bar Association's Eminent Domain Section, where she has also served as chairperson. Corrine is a frequent lecturer on data practices and eminent domain subjects. She has given presentations on those and other topics to various organizations for attorneys and municipal officials. PERSONAL • Outside the office, Corrine enjoys walking, reading history and mysteries, and attending theatrical performances. The best of times are those spent with friends and family. "1 like working with local governments because their decisions have a direct impact on people and neighborhoods. Every city we represent reminds me in some way of the small town where I grew up. Working with cities gives me a sense of purpose and community." H A • EXHIBIT C • Kennedy & Graven Attorneys • • • • • • Robert A. Alsop Shareholder Employment Law Housing Law Litigation Ronald H. Batty Shareholder Economic Development & Redevelopment Municipal Law Stephen J. Bubul Shareholder Economic Development & Redevelopment Municipal Bonds Public Finance Robert C. Carlson Of Counsel Business Law Robert L. Davidson Of Counsel Real Estate Law John B. Dean Shareholder Economic Development & Redevelopment Land Use Municipal Law Julie Eddington Associate Municipal Bonds Public Finance Troy J. Gilchrist Shareholder Municipal Law Township Law Corrine A. Heine Shareholder Eminent Domain Municipal Law Real Estate Law Martha N. Ingram Associate Economic Development & Redevelopment Municipal Bonds Public Finance Benjamin W. Johnson Shareholder Municipal Bonds Public Finance David J. Kennedy Senior Counsel Municipal Bonds Municipal Law Public Finance Charles L. LeFevere Shareholder Municipal Law John M. Lefevre, Jr. Shareholder Eminent Domain Employment Law Litigation Robert J. Lindall Shareholder Eminent Domain Environmental Law Real Estate Law Charles E. Long Shareholder School Law Gregory S. Madsen Shareholder Employment Law School Law Melissa J. Manderschied Associate Municipal Law C -1 • • • • • • Peter G. Mikhail Shareholder Litigation Michael T. Norton Shareholder & Current President Economic Development & Redevelopment Municipal Law Real Estate Law Gloria Blaine Olsen Shareholder Employment Law School Law Timothy R. Palmatier Shareholder School Law Andrew J. Pratt Associate Economic Development & Redevelopment Public Finance Municipal Bonds Scott J. Riggs Shareholder Municipal Law Real Estate Law Township Law T. Jay Salmen Of Counsel Business Law Rhonda Skoby Associate Economic Development & Redevelopment Financing Transactions Public Finance Sarah J. Sonsalla Associate Economic Development & Redevelopment Municipal Law James M. Strommen Shareholder Litigation Public Utility Law Linda K. Thompson Associate Municipal Law Real Property Law Criminal Prosecution James J. Thomson Shareholder Litigation Municipal Law Mary D. Tietjen Shareholder Employment Law Municipal Law Litigation Susan E. Torgerson Shareholder Litigation School Law John Utley Shareholder Municipal Bonds Public Finance Robert J.V. Vose Shareholder Municipal Law Public Utility Law Maggie R. Wallner Shareholder Employment Law Litigation School Law Larry M. Wertheim Shareholder Real Estate Law Bonnie L. Wilkins Shareholder Real Estate Law Joe Y. Yang Associate Real Estate Law C -2 EXHIBIT D PROPOSED LEGAL SERVICES CONTRACT (including FEES) LINO LAKES LEGAL SERVICES AGREEMENT This Agreement, entered into between the CITY OF LINO LAKES, a Minnesota municipal corporation (City) and the law firm of KENNEDY & GRAVEN, CHARTERED (City Attorney) as of this day of , 2008 provides as follows: SECTION 1. Background: Findings. 1.01. Authority. The decision as to appointment and removal of the City Attorney is made by the City Council. 1.02. Council Determination. At a duly called regular meeting of the City Council held on , 2008, the City Council determined that the firm of Kennedy & Graven, Chartered be engaged as City Attorney, with Michael T. Norton of that firm serving as primary legal counsel for the City and instructed the City Administrator to prepare an agreement between the firm and the City setting forth the terms and conditions of the engagement to Legal Services Agreement. SECTION 2. Terms and Conditions. 2.01. Consideration. In consideration of the mutual promises and conditions contained in this Agreement the City and the City Attorney agree to the terms and conditions set forth herein. 2.02. City Attorney Appointment. The City appoints the firm of Kennedy & Graven, Chartered as City Attorney, with Michael T. Norton acting as primary legal counsel for the City to a term ending December 31, 2009. 2.03. Usual and Customary Legal Services. The City Attorney agrees to perform all usual and customary legal services for the City in accordance with the terms of this Agreement, including, but not limited to the services identified in the City of Lino Lakes Request for Proposals for Legal Services, Section VI which is incorporated in this Agreement by reference. 2.04. As an aid to the interpretation and administration of Sections 2.03 and 2.05 of this Agreement, the following definition of terms is agreed upon: "Routine" means matters that regularly reoccur and are customarily undertaken by a City Attorney in the discharge of the office. A matter that does not occur regularly is "Non - routine". Review of a typical public works contract, and preparation or review of a usual D -1 • • • and customary ordinance, are examples of a routine matter. Preparation or review of a significant contract related to a unique project, and preparation and research related to a unique ordinance, are examples of a Non - routine matter. Additional examples of Routine work are: Meeting Attendance • council, boards and commissions • staff, elected officials • at direction of Administrator • review agendas, reports; correspondence Client Services • ordinance drafting and codification • general legal advice • meet with staff, policy makers • formal /informal advice and opinions • support of city procurement activities • • general employment law issues • general advice • interpretation of statutes, policies and labor agreements • client updates • weekly /monthly meeting with Administrator • new legislation or legal rulings updates • "Litigation" means services performed by the City Attorney a) in response to an action commenced against the City or its officers by the service of legal process, and b) services performed by the City Attorney in matters where litigation, in the judgment of the City Administrator, is certain to be commenced. • "Eminent domain" means services performed directly related and preparatory to the commencement of an action of eminent domain by the City. "Administrative proceedings" means services directly related and preparatory to representing the City before a federal, state or regional administrative agency or an administrative agency of the City or another political subdivision of the state. "Labor Matters" means advice or other services related to a specific employee or labor union. General advice regarding labor or employment law, not related to a specific employee or • union, is not considered a "labor matter" for the purposes of this Agreement. "Code Enforcement" means any services related to civil enforcement of ordinances, including without limitation research and advice regarding the prospects for success. "Development" and "redevelopment" mean, with reference to the City, the negotiating and drafting of development contracts for commercial or residential subdivisions, which are typically • made the responsibility of the Developer; with reference to the EDA, tax increment financing plans, development and redevelopment plans and related technical services other than routine services to the EDA. • The City Administrator and the City Attorney are authorized and directed to consult on the application of these defined terms to any particular matter, but the final determination of their application is to be made by the City Administrator. 2.05. Compensation for Legal Services. For legal services, the City agrees to compensate the City Attorney at the following rates for services indicated below: • D -2 0 • 1. Hourly Billing • • • • • • D escription of Rate Category a. General rate: for Routine Services described above, or which are not within the Non - Routine or Subdivision rates described below: i. attorneys ii. paralegals iii. law clerks b. Non - Routine rate: for (1) litigation matters, including matters that involve proceedings before judicial bodies, administrative agencies or hearing officers on behalf of the City or in administrative proceedings; (2) real estate matters, including land acquisition by negotiated purchase or eminent domain; (3) other non - litigation matters requiring specific knowledge and experience in a legal practice area (including but not limited to, code enforcement, labor matters and employment, utilities and telecommunications, data practices) and involving a significant amount of time. (Matters in the third category will not be billed at the non - routine rate without prior notice to and consent of the Administrator.) i. attorneys ii. paralegals iii. law clerks c. ResidentiaUCommercial Subdivision Agreement rate: for the negotiation and preparation of subdivision and related agreements, development agreements (typically the City is reimbursed for these costs by the Developer): i. attorneys ii. paralegals iii. law clerks Hourly Rate 2008/09 $140 $95 $75 $150 $95 $75 $190 $100 $85 2.05. Compensation for Expenses. The City will compensate the City Attorney for the following actual and necessary expenses incurred by the City Attorney on behalf of the City: pursuant to the then current rate set by the Firm. • Current rate Litigation photocopying: $.20 per page • D -3 41 • Mileage: $58.5 per mile or IRS rate Westlaw or Lexis fees: Actual cost charged Other charges such as: Actual cost charged Messenger service Express mail Filing Fees 2.06. Billing Statements. Billings by the City Attorney to the City for services will be on a • monthly basis, except as may otherwise be agreed upon by the parties. The billing statement shall be of sufficient detail to adequately inform the City concerning the tasks performed, the attorney or staff performing them, the time spent on each task and the nature and extent of costs and disbursements. The statement shall also contain a summary that shows the total time spent for each category and the total fees, charges and disbursements for each category. • 2.07. Term of Agreement. The term of this Agreement shall commence on 2008 through December 31, 2009. The hourly rates specified in this Agreement will remain in effect for the term of this Agreement. 2.08. Primary Legal Counsel. It is the intention of the parties and it is hereby agreed by the City Attorney, that the term "primary legal counsel" as used herein means and refers to Michael T. Norton who will, except in the case of unavoidable conflict or other good and substantial reasons, perform, supervise and be responsible to the City for the legal services to be provided. 2.09. Entire Agreement. This Agreement, any attached exhibits and any addenda or amendments signed by the parties shall constitute the entire agreement between the City and the City Attorney, and supersedes any other written or oral agreements between the City and the City Attorney. This Agreement can only be modified in writing signed by the City and the City Attorney. 2.10. Termination. This Agreement may be terminated by the City at any time or by the City Attorney upon 60 days written notice. 2.11. Conflict of Interest. The City Attorney shall use best efforts to meet all professional obligations to avoid conflicts of interest and appearances of impropriety in representation of the City. It is the intent of the City Attorney to refrain from handling any legal matters for any other person or entity that may pose a conflict of interest. In the event of a conflict, the City Attorney, with the consent of the City, shall arrange for suitable alternative legal representation. 2.12. Agreement Not Assignable. Except as provided in Paragraph 2.11 of this Agreement relating to conflicts of interest, the rights and obligations created by this Agreement may not be assigned by either party. 2.13. Agreement Not Exclusive. The City retains the right to hire other legal representation for specific legal matters. 2.14. Independent Contractor Status. All services provided by the City Attorney pursuant to this Agreement shall be provided by the City Attorney as an independent contractor and not as an D -4 • employee of the City for any purpose, including but not limited to: income tax withholding, workers' compensation, unemployment compensation, FICA taxes, liability for torts and eligibility • for employee benefits. • • • • • • 2.15. Work Product. All records, information, materials and other work products prepared and developed in connection with the provision of services pursuant to this Agreement shall become the property of the City. 2.16. Insurance. The City Attorney shall maintain professional liability (malpractice) insurance. The current level of coverage is $5,000,000 per claim, and $5,000,000 annual aggregate. 2.17. Data Practices Act Compliance. Data provided to or by the City Attorney under this Agreement shall be administered in accordance with the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. 2.18. Choices of Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the state of Minnesota. Any disputes, controversies, or claims arising out of this Agreement shall be heard in the state or federal courts of Minnesota, and all parties to this Agreement waive any objection to the jurisdiction of these courts, whether based on convenience or otherwise. IN WITNESS WHEREOF, the parties have caused this agreement to be duly executed by their proper officers and representatives as of the day and year first above written. CITY OF LINO LAKES, MINNESOTA 335331v8 MTN KG400 -11 By: Its Mayor By: Its City Clerk KENNEDY & GRAVEN, CHARTERED By: Michael T. Norton City Attorney/ President of Kennedy & Graven • D -5 LAW OFFICES OF Hawkins & Baumgartner, P.A. WILLIAM G. HAWIQNS SCOTT C. BAUMGARTNER ADAM E. DAMN June 30, 2008 Legal Assistants TAMMr J. UVEGES HOLLY G. PROVO City Administrator City of Lino Lakes 600 Town Center Parkway Lino Lakes, MN 55014 -1182 2140 FOURTH AVENUE NORTH ANOKA, MINNESOTA 55303 PHONE (763) 427 -8877 FAx (763) 421 -4213 E -MAIL HawkLaw2 @aol.com Please accept this letter as our proposal to provide civil legal services to the City of Lino Lakes. Firm Background Over 95% of our firm's business is related to the representation of municipal clients. Currently, our firm serves as the civil attorneys for the Cities of Andover, Anoka and Lino Lakes, and the criminal attorneys for the Cities of Andover, Elk River and Lino Lakes. As part of our representation of these cities, our firm has been actively involved in such issues as property acquisition, development contracts, inter - governmental agreements, zoning and comprehensive plan issues, employment relations, special assessment law, and litigation related to these issues. Our law firm consists of two full -time attorneys, one consulting attorney, two full -time paralegals and one part-time paralegal. The full -time attorneys are Adam Dahlen and myself. I have been licensed to practice law in the State of Minnesota for over twelve (12) years. My early practice consisted of civil litigation and criminal defense, with several of my matters being in Anoka County. My civil practice focused heavily on real estate and contract law, which included: drafting of legal documents, negotiating settlements, litigating in District Courts, appearing before the Minnesota Court of Appeals, and briefing arguments for the Minnesota Supreme Court. More recently, my practice has been devoted primarily to criminal prosecutions for the cities of Andover, Lino Lakes, and Elk River; and serving as the City Attorney for Andover, Anoka and Lino Lakes. Adam Dahlen is a 2007 graduate from the University of St. Thomas School of Law where he made the Dean's List (top 15 %); was the Vice -Chief Justice of the UST Board of Advocates for the 2006- 2007 school year; and was a second place oralist and quarter- finalist at the 2007 National Moot Court Competition Regional Round. During law school, Mr. Dahlen interned for the Minnesota Supreme Court — State Court Administration, where he conducted state -by -state comparisons of jury handbooks and developed recommendations for a standardized Minnesota jury handbook; he served as a Student Attorney at the University of St. Thomas Legal Services Clinic Family Practice Group; and was a law clerk/student attorney for the Anoka County Public Defenders Office from September 2006 through September 2007 where he represented criminal defendants in court at their June 30, 2008 Page 2 arraignment, pre -trial, and probation revocation hearings. He also prepared legal research for upcoming trials and hearings, negotiated plea agreements with city prosecutors for misdemeanor and gross- misdemeanor cases, and assisted senior attorneys with drafting motions for contested hearings. Mr. Dahlen was hired by our firm in September 2007, and after passing the bar in October of 2007, immediately began handling criminal prosecutions for our clients. He has had several court trials, jury trials, contested hearings, and has made numerous court appearances for arraignments, pre - trials, and omnibus hearings. Since becoming licensed in October Of 2007, Mr. Dahlen has appeared in court at least 2 -3 times per week, and has shown himself to be a very good attorney, and an exceptional criminal prosecutor. More recently, Mr. Dahlen has expressed an interest in becoming more involved in our firm's municipal law practice. Given his intelligence and enthusiasm, we expect he will become quite proficient in municipal law rather quickly. Our firm's consulting attorney is William Hawkins. Mr. Hawkins has been licensed to practice law in the State of Minnesota for over thirty-four (34) years. Most recently, Mr. Hawkins served as the attorney for the cities of Andover, Anoka and Lino Lakes. He has specialized in the practice of municipal law since the beginning of his law practice. During Mr. Hawkins' career, he has served as the criminal prosecutor for the cities of Andover, Lino Lakes, Champlin, Burns Township, St. Francis, Bethel, Centerville, Ham Lake and Oak Grove Township. Mr. Hawkins has served as the Andover City Attorney for over 33 years, the Lino Lakes City Attorney for 26 years, and the Anoka City Attorney for over 8 years. We have two full -time legal assistants, Tammi Uveges and Holly Provo. Both Ms. Uveges and Ms. Provo have college degrees in paralegal studies and have been working as paralegals for over fifteen (15) and eleven (11) years respectively. Both Tammi and Holly have extensive experience in all aspects of civil and municipal law, including drafting of agreements and resolutions, preparation of civil complaints and documents, and file preparation for hearings and trials. Legal Library, Research, and Technological Capabilities We have subscriptions to Minnesota State Statutes, all Minnesota and Court of Appeals decisions, and are members of the Minnesota City Attorney List Service. Our onsite library contains, among other items, current and up to date publications of Minnesota State Statutes, the Minnesota Practice series, and various continuing legal education publications relating to municipal law. We also make extensive use of the Anoka County Law Library for any additional publications we may feel are pertinent to our criminal prosecution practice. Technologically, all of our staff members have e-mail addresses, which allows for our sharing and editing of documents electronically, as well as promoting more prompt responses to our clients. In addition, I also have the ability to receive e-mails on my cellular telephone, which further assures June 30, 2008 Page 3 that e-mails from our clients will be responded to promptly, even when I may be away from the office. Our entire staff also has Internet access, with computer links to various legal databases, that we may access, if necessary, to do legal research on behalf of our clients. Our office is conveniently located across the street from the Anoka County Courthouse, providing us with quick access to the courts and court administration for special court appearances, filings and review of court files. There have been no malpractice claims and/or ethics complaints taken against our firm or our firm's attorneys over the past five years, and there is no action pending or currently under review by the State Ethics Board. In 2007, approximately 95% of our firm's billings were the result of our municipal work. Our firm has malpractice insurance through Minnesota Lawyers Mutual Insurance in the aggregate amount of $900,000.00. References I would offer the following references: Jim Dickinson City Manger City of Andover 1685 Crosstown Boulevard NW Andover, MN 55304 (763) 755 -5100 Will Neumeister Community Development Director City of Andover 1685 Crosstown Blvd. NW Andover, MN 55304 (763) 755 -5140 Carolyn Braun Planning Director City of Anoka 2015 First Avenue North Anoka, MN 55303 - 2270 (763) 576 -2722 Tim Cruikshank City Administrator City of Anoka 2015 First Avenue North Anoka, MN 55303 (763) 576 -2710 Robert Kirchner Community Development Director City of Anoka 2015 First Avenue North Anoka, MN 55303 - 2270 (763) 576 -2721 June 30, 2008 Page 4 Responsibilities To The City Our firm's approach to the relationship with our clients has always focused upon providing prompt and efficient representation of our clients' interests. We are a local law firm with extensive contacts and knowledge of the political and judicial systems in Anoka County. Our emphasis has always been on providing prompt, well- reasoned legal analysis and opinions to our clients. Our goal is to make our municipal clients fully aware of their legal options in order to make informed public policy decisions. Once such decisions have been made, our goal is to vigorously execute and enforce these policies if legal action becomes necessary. Our firm also enjoys its relationship with the various municipal staff members, and works well with them in quickly addressing and resolving issues that may arise. Conflicts of Interest Our firm is aware of no conflicts of interest pertaining to the representation of the City of Lino Lakes. Our firm does not represent real estate developers, contractors, or other individuals who may have a contract with the City of Lino Lakes. Billing Format We bill monthly, usually within seven to ten days following the end of the month. Our billing system is computerized and very flexible if you wish us to adapt to any format that the City desires. Billing We would propose to charge an hourly rate of $138.02 per hour for our services. We do not charge a separate fee or hourly billing rate for our support personnel. While there is no minimum length of contract that we would require, we would guarantee that the legal rate quoted above would not increase more than four percent (4 %) in any one year if we were to enter into a three -year contract with the City. We would also be willing to consider a flat monthly retainer for our services, if the City is interested. In addition, we would propose the following for billing and miscellaneous expenses: Photocopying Charges No Charge Travel Time No Charge Westlaw or Lexis Fees (Per hour rate charged to us by these database providers) June 30, 2008 Page 5 Mileage Charge $12.00 /roundtrip for Council and/or staff meetings Fax Charges No Charge Phone Charges (Actual cost billed for long distance calls only) Other Possible Charges: 1. Filing Fees; 2. Document Recording Fees; 3. Brief Printing Costs; 4. Deposition Fees; 5. Other costs incurred for our services. We bill our clients only the costs we incur for these services. We would certainly welcome any questions and an opportunity to meet with the City Council to further explore the possibility of our firm's continued civil representation of the City of Lino Lakes' legal interests. Please feel free to contact me if you desire any additional information concerning our proposal. Thank you for your consideration. Sincerely, LEGAL SERVICES PROPOSAL The law firm of Newquist & Herrick Law Offices, P.C. is submitting this proposal for the City Attorney and City Prosecutor position for the City of Lino Lakes. FIRM BACKGROUND The law firm of Newquist and Ekstrum, Chartered was founded in 1986. At the time, Mr. Newquist and Mr. Ekstrum were partners with and operated the Anoka County branch office of Smith Juster, Feikema, Malmon & Haskvitz. The Smith Juster firm began in the 1930's when Wyman Smith (an attorney with a long presence in Anoka County as a Municipal Attorney) joined with Doug Hall and Tom Forsberg (the retired Appellate Court Judge). The firm name was changed when Gregg Herrick joined the firm in 2006 and when Mr. Ekstrum was appointed to the bench. Firm Attorneys Carl J. Newquist, Partner Gregg V. Herrick, Partner Sarah M. Kimball, Associate Firm Support Personnel Focus areas within firm Prosecution, Municipal Civil Representation, Civil Litigation, Personal Injury Municipal Civil Representation, Prosecution, General Business, Real Estate, Probate, Family Prosecution, Family, Probate Patricia A. Phillips, 37 years experience as legal assistant and legal secretary for both municipal and general practice. Ms. Philips is the witness /victim liason person, court liason person, and scheduling clerk for all prosecution matters. Connie Gurr, 33 years experience as a legal secretary /paralegal. Ms. Gurr prepares complaints and other documents for prosecution cases. Joyce Zumberge, 33 years experience as a legal secretary /paralegal working in the areas of municipal, litigation, construction, real estate, probate, family and general practice. ORGANIZATION, LOCATION AND TECHNOLOGY The office is located in Fridley next to the Fridley City Hall at University and Mississippi Streets. It is estimated that the drive time would be 20 minutes and the mileage to City Hall would be about 14 miles. The firm has an excellent, stable and extremely experienced support staff. The firm is organized around the principal attorneys, Newquist and Herrick, with support staff and associate, Sarah Kimball, who is available to handle appropriate matters as determined by the principal attorneys. The firm is fully computerized with current up -to -date hardware and software and utilizes Microsoft Word as its word processing platform. We have Internet and E -mail access including prosecution access to the County through Odyssey Assistant for access to the District Courts' files and calendars as well as WebLink for access to police reports and files. ALLOCATION OF SERVICES Criminal representation will be by Carl Newqusit and Gregg Herrick as the courtroom prosecutors with Sarah Kimball providing court backup, as necessary. In addition, Ms. Kimball would be responsible for drafting complaints, research, expungement requests, responsive memoranda pertaining to discovery requests, and problem resolution by phone. Joyce Zumberge would be responsible for electronic retrieval of documents, review of insurance documentation, and initial problem resolution. Connie Gurr would be responsible for the non - dispositive drafting of complaints, restitution requests, and scheduling of in- custody cases. Patricia Phillips will be responsible for discovery, communication with officers including providing court notices and communications regarding vacation and training time. Gregg Herrick will be the primary attorney for Council meetings, staff inquiries and civil services. Carl Newquist will provide backup to Mr. Herrick for all civil services. Sarah Kimball will be working with Mr. Herrick and Mr. Newquist on research and drafting ordinances and resolutions. MALPRACTICE ETHICS There have been no ethics or malpractice violations by any member of the firm and there are no pending ethics or malpractice investigations. INSURANCE CERTIFICATE See attached. 2007 MUNICIPAL BILLINGS AS PERCENTAGE OF TOTAL BILLINGS Municipal billings account for over 50% of the firm's total billings and account for approximately 75% of our volume. These numbers speak volumes about the firm's commitment to service of our municipal clients. Municipal civil law accounts for approximately 10% of firm business. We are proud to say that our civil municipal client has not become involved in civil litigation in the last five years. MUNICIPALITIES REPRESENTED City of Fridley Criminal City of Hilltop Civil and Criminal NEW MUNICIPAL CONTRACTS The firm has no new municipal contracts and has not had a contract discontinued in the past three years. REFERENCES Don Abbott Ruth Nelsen Lynn Tellers John Cox Jerry Murphy Bill Bums Kurt Ulrich Tom Johnson Bill Roddy Dave Saliman Fridley Public Safety Director Hilltop City Clerk White Bear Lake Chief of Police Champlin Community Development Director Mayor, City of Hilltop Fridley City Administrator Ramsey City Administrator, former Champlin City Administrator Retired, Columbia Heights Chief of Police Retired, Columbia Heights Captain/Acting Chief of Police Retired, Fridley Public Safety Director 763 -571 -3629 763 - 571 -2023 651 -429 -8550 763 -923 -7104 763 -571 -7047 763 -571 -3450 763 - 433 -9845 On request On request On request FIRM'S VIEW OF PRIMARY RESPONSIBILITY TO THE CITY IN PROVIDING LEGAL SERVICES The firm's primary responsibility to our municipal clients in providing legal services is to provide innovative quality legal services, making full use of current legal trends and laws. The fact that the firm continues to have long -term relationships with our municipal clients clearly indicates that we have fully satisfied our responsibilities to our clients. We strive to update systems, to be ahead of the curve on providing our clients with cutting edge service including our early access to the Odyssey and WebLink systems allowing computer access to court and police records. CIVIL RIGHTS COMPLIANCE The firm fully complies with both federal and state civil rights laws. The firm is proud to count amongst its clientele many individuals with a variety of ethnic backgrounds. CONFLICT OF INTEREST The firm has no clients that would likely cause a conflict. Representation of Real Estate Developers The firm does not represent any major real estate developers. We do represent some small developers; however, they have not had any projects in the Lino Lakes Area. Other contiguous cities The firm does not represent any contiguous cities and would have no problems in vigorously representing Lino Lakes' interests in resolving issues with adjoining cities. Procedure used to identify and resolve conflicts We have a computer system which tracts clients and opposing parties to allow us to identify conflicts. The firm takes great pains to insure that a client is not accepted if there is a conflict with an existing client. If a conflict does arise, the client is immediately informed and, depending on the issue and the client's wishes, the firm will either discontinue representation of the conflicting client or enter into a conflict waiver /nondisclosure agreement indicating that the respective attorneys will not share information. ATTORNEY QUALIFICATIONS Carl J. Newquist will be the lead Prosecuting Attorney. Mr. Newquist will serve as backup for the City Attorney and Development work for the City. Mr. Newquist has 40 years of experience as a municipal prosecutor, and is currently the Prosecuting Attorney for both Fridley and Hilltop. Mr. Newquist has represented municipalities in development and civil matters for over 37 years and is currently in his 28th year representing Hilltop. Gregg V. Herrick will be the lead City Attorney and Lead Development Attorney and will be the Assistant Prosecuting Attorney. Mr. Herrick has 15 years of experience in civil representation of cities and has 9 years of experience as Lead Prosecutor. Sarah M. Kimball will be available as a backup attorney for prosecution and civil matters. Ms. Kimball has 2 years experience as a Prosecutor for the Cities of Fridley and Hilltop. FEES: City Attorney City Attorney functions as described in the City's Legal Services Requirements will be charged at the following rates: • Principal and Associate Attorneys $105.00/Hour Our minimum increment of time billed is one -tenth (.10) of an hour. Prosecuting Attorney Prosecution functions as described in the City's Request For Qualifications For Legal Services as well as appeals of criminal matters will be as follows: • Principal and Associate Attorneys $ 99.00/Hour • Paralegal $ 49.00 /Hour Development Attorney Development work that will be billed through to the landowner or developer will be charged at the firm's standard billing rate as follows: • Principal Attorney $250.00/Hour • Associate Attorney • Paralegal $200.00 /Hour $ 75.00/Hour Development work that will be billed to the City will be charged at the following billing rate: • Principal and Associate Attorneys • Paralegal $ 99.00 /Hour $ 49.00/Hour Carl J. Newquist Biographical Information Carl J. Newquist is a 1967 graduate of the University of Minnesota Law School, receiving his B.A. from the University of Minnesota in 1964. He has been admitted to practice before the State and Federal Courts of Minnesota since 1967. Mr. Newquist is a past President of the Anoka County Bar Association and has served as a Director of Judicare, Inc. and as Executive Director of Legal Aid of Anoka County, Inc. Mr. Newquist has represented the City of Fridley as its Prosecutor since April, 1971. He has served as Hilltop City Prosecutor since 1971, and he has served as Hilltop City Attorney since 1978. For many years, Mr. Newquist represented Independent School District No. 14. During his years of practice, Mr. Newquist has served as Assistant City Attorney and Prosecutor for Anoka from 1967 to 1971 and City Attorney and Prosecutor for Bethel from 1970 to 1978. Mr. Newquist has represented the State of Minnesota Office of the Public Defender, Fridley State Bank, Blaine State Bank, and First State Bank of Spring Lake Park. Mr. Newquist has represented numerous local businesses including Rice Industries and Industrial Steel. As to legal excellence and scholarship, Mr. Newquist was the prevailing attorney before the Minnesota Supreme Court in the following cases: Ward v. American Legion Edward B. Cutter Post 102, Anoka, 286 Minn. 81, 174 N.W.2d 325 (Minn. 1970); a leading case in the area of worker's compensation; and State v. Saucedo, 294 Minn. 289, 200 N.W.2d 37 (Minn. 1972), a leading criminal case; and Mr. Newquist has been the prevailing attorney before the Minnesota Court of Appeals in the following cases: State v. Myhro, 354 N.W.2d 571 (Minn.App. 1984), wherein Mr. Newquist represented the City of Fridley; State v. Ness, 1990 WL 52575 ( Minn.App. 1990), wherein Mr. Newquist represented the City of Fridley; State v. Sitz, 1992 WL 213466 (Minn.App. 1992), wherein Mr. Newquist represented the City of Fridley; State v. Stallman, 519 N.W.2d 903 (Minn.App. 1994), a leading case on intrastate commerce; State v. Kolstad, 1996 C6 -96 -972 ( Minn.App. 1996); and most recently, State v. Sinigaglio, a Minnesota Court of Appeals decision filed August 24, 1999, wherein Mr. Newquist represented the City of Fridley. Additionally, Mr. Newquist had the privilege of representing the City of Fridley before the Minnesota Supreme Court in the case of State v. Lala, 351 N.W.2d 15 (Minn. 1984) wherein the conviction was affirmed as modified. Gregg Herrick Biographical Information Gregg V. Herrick is a 1985 graduate of Hamline School of Law and has been admitted to practice law in the State of Minnesota since 1986. He is a member of the Anoka County Bar Association, the Hennepin County Bar Association, and has served as Chair of the Government Section of the Anoka County Bar Association. Mr. Herrick has 15 years of experience in Municipal Law. He served as assistant City Attorney for the City of Fridley from 1987 to 1995. He has served as Lead City Attorney for the City of Saint Francis from 1991 to 1999 and served as Lead City Attorney for the City of Champlin from 1994 to 2001. Professional Experience Newquist & Herrick 2006 — Present • Shareholder • Assistant City Attorney — Hilltop • Assistant Prosecutor — Fridley • Represent private clients in the areas of civil trial litigation, criminal defense, residential and commercial real estate, corporate, family law, probate and personal estate planning. Gregg Herrick PLLC 2000 — 2006 • Of counsel — Newquist & Ekstrum, Chartered • Lead City Attorney — Champlin (2000 - 2001). Attend Council meetings, represent City regarding contract, ordinance, employment issues, as well as planning, and zoning and development issues. • Represent private clients in the areas of civil trial litigation, criminal defense, residential and commercial real estate, corporate, probate, and personal estate planning. Barna, Guzy and Steffen 1991 — 1999 • Shareholder — Municipal Department • Lead City Attorney — Saint Francis (1991- 1999); Champlin (1994 - 1999); Assistant City Attorney — Fridley (1991- 1995). Work with staff on ordinance development, policy manuals, employee discipline and discharge, land use and zoning issues, contract negotiations, real estate purchases, development and sales. Represent municipalities in proceedings regarding condemnation, contract arbitration, unemployment compensation, as well as a full array of Anoka County prosecution proceedings. • Lead Prosecutor for Saint Francis and Columbia Heights involving trial preparation and litigation in misdemeanor and gross misdemeanor cases. Herrick & Newman 1987 — 1991 • Assistant City Attorney — Fridley (1987- 1991). Responsibilities for ordinance drafting, planning review and backup responsibilities for council, planning and HRA meetings. • City Attorney — Saint Francis (1991). Lead attorney for council meetings, staff representation and prosecution. • Represent private clients in the areas of family law, criminal defense, personal injury, real estate, and corporate representation. District Court Law Clerk — Tenth Judicial District 1985 — 1987 • Law Clerk for Judge James Gibbs and Judge Michael Roith Education Hamline School of Law Saint Paul, Minnesota J.D. - 1985 Macalester College Saint Paul, Minnesota B.A. - 1981 - Economics/Political Science Affiliations Minnesota State Bar Association Anoka County Bar Association Sarah M. Kimball Biographical Information Sarah M. Kimball is a 2005 graduate of William Mitchell College of Law and has been admitted to practice law in the State of Minnesota since 2005. She is a member of the Hennepin County Bar Association and the Minnesota State Bar Association. She began as an associate at Newquist & Herrick in 2006. Ms. Kimball has over eight years of experience in the legal field. She was a paralegal with a civil litigation firm from 1999 through 2002. During law school, she was a law clerk for the same firm from 2003 -2004. She was a student law clerk with Southern Minnesota Regional Legal Services in 2005. She worked at 3M and Thomson West on large document review projects in 2005 -2006. Professional Experience 2005 — Newquist & Herrick Law Offices, P.C. Present Assistant Prosecutor and Associate Attorney Represent the Cities of Fridley and Hilltop in pre- trials, jury trials and numerous court trials. Draft, finalize, and sign misdemeanor and gross misdemeanor complaints. Draft Appellant's brief for criminal domestic assault case with the Minnesota Court of Appeals. Conduct legal research, draft motions and memoranda, interview clients, and attend court hearings for various civil matters. 2006 3M Center- Spherion Contract Attorney Reviewed and coded electronic documents prior to production for relevance, responsiveness and privilege in environmental class action. 2005 — Thomson West - Kelly Law Registry 2006 Contract Attorney Searched for, interpreted, and extracted relevant documents from electronic court dockets for creation of an expert database on Westlaw. 2003 — Heins Mills & Olson, P.L.C. 2005 Law Clerk Conducted legal research and drafted motions and memoranda for several antitrust and securities class action suits. 1999 — Heins Mills & Olson, P.L.C. 2002 Paralegal Created, organized, and maintained dozens of case files and several extensive document productions for class action suits including In re Monosodium Glutamate Antitrust Litigation. Reviewed and coded documents, including supervision of sizeable document review conducted at our office. Reviewed and summarized deposition transcript testimony. Conducted investigative research. Drafted affidavits and organized exhibits in support of memoranda. Prepared documents and exhibits for hearings and depositions. Education Affiliations William Mitchell College of Law St. Paul, Minnesota Juris Doctor, 2005 Honors: Dean's List, Fall 2004 Activities: LAW REVIEW, 2004 -2005 University of Minnesota — Twin Cities Minneapolis, Minnesota Bachelor of Arts, 1998 Sociology of Law Crime & Deviance Honors: Dean's List, Fall 1994 Minnesota State Bar Association Hennepin County Bar Association LIU 3001 Ed. 04 02 LIBERTY INSURANCE UNDERWRITERS, INC. LAWYERS PROFESSIONAL LIABILITY POLICY DECLARATIONS NOTICE: THIS IS A CLAIMS MADE AND REPORTED POLICY. THIS POLICY COVERS ONLY CLAIMS FIRST MAD DURING THE POLICY PERIOD OR EXTENDED REPORTING PERIOD, IF APPLICABLE, AND REPORTED DURIN1 THE POLICY PERIOD OR EXTENDED REPORTING PERIOD, IF APPLICABLE, AND OTHERWISE COVERED BY THI INSURANCE. PLEASE READ THE POLICY CAREFULLY AND DISCUSS THE COVERAGE WITH YOUR INSURANC AGENT OR BROKER. POLICY NUMBER: LPM199278 -0107 RENEWAL OF LPM199278 -0106 PRODUCER AND ADDRESS: NAMED INSURED AND ADDRESS: The Named Insured is: Marsh Affinity Group Services a service of Seabury & Smith, Inc P.O. Box 10302 Des Moines, IA 50306 -0302 Newquist & Herrick Law Offices, P.C. Attorneys at Law Fridley Plaza, Suite 301 6401 University Avenue Northeast Fridley: MN 55432 -4381 Individual Partnership x Corporation Limited Liability Partnership Limited Liability Corporation Other POLICY PERIOD: From: 08/01/2007 To: 08/01/2008 (12:01 A.M. at the Named Insured's address set forth above) LIMIT OF LIABILITY: S500,000 Each Claim S1,000,000 Aggregate DEDUCTIBLE: $ 5 , 0 0 0 Each Claim PREMIUM: $x,596.00 ENDORSEMENTS FORMING PART OF THIS POLICY AT ISSUANCE: LIU 3000 Ed.0402 LIU 3022 Ed.0402 LIU 3051 Ed.0804 LIU 3052 Ed.0504 LIU 3053 Ed.0504 LIU 3054 Ed.0504 LIU 3013 Ed.0402 This Declarations page, together with the Application, the attached Lawyers Professional Liability insurance Policy, and 2 endorsements thereto, shall constitute the contract between Liberty Insurance Underwriters, Inc. and the Named Insure identified above. This policy is valid only if signed below by a duly authorized representative of Liberty Insurance Under writer f Inc. 07/25/2007 Authorized Representative Issue Date JOHNSON . CONDON Attorneys at Law P.A. JOHNSON AND CONDON, P.A. PROPOSAL OF LEGAL SERVICES FOR THE CITY OF LINO LAKES Johnson & Condon, P.A. Shamus P. O'Meara JOHNSON & CONDON PROPOSAL TABLE OF CONTENTS Page Firm Background 1 Brief history 1 Office organization 1 Support capabilities 2 Office location 2 Malpractice claims 2 Insurance coverage 2 Statement of 2007 municipal billings 2 Cities represented 2 Government agencies represented in the previous five years 3 References 4 Responsibilities 5 Conflict of interest 5 Attorney Qualifications 5 Lead City Attorneys 6 Future Availability 7 Government Liability Practice Group 7 Attorneys 7 Paralegals 9 Allocation of work 10 Fees 10 Alternate billing arrangements 11 Billing Statements 11 Conclusion 11 Johnson & Condon, P.A. Mission Statement 13 Appendix A - Organizational Chart Appendix B - Firm Curriculum Vitae Appendix C - Attorney Biographies JOHNSON & CONDON, P.A. PROPOSAL FIRM BACKGROUND Brief history Johnson & Condon, P.A. was founded in 1973 as a Firm specializing in insurance defense law. Since 1973, our Firm has grown to become one of the preeminent litigation firms in Minnesota. We practice in all areas of defense law, with a primary emphasis in litigation of public sector, construction, business and commercial, education, insurance defense and coverage, self - insured, employment, environmental, subrogation, and workers' compensation matters. Our other areas of expertise include alternative dispute resolution, employer liability, general liability, liquor liability, marine liability, products liability, professional liability, property and fire, and toxic and mass tort. We have 31 trial lawyers, 13 partners and 18 associates, with one new associate beginning in October of 2008. Our Firm also employs an office manager, a Certified Public Accountant, a computer systems manager, 10 paralegals, 20 legal secretaries, 5 additional support secretaries, 3 law clerks, and 5 additional support staff. All 76 members of the Johnson & Condon family combine to form a highly organized and integrated team whose formidable knowledge and skill are available to manage any legal problem that may confront the City of Lino Lakes. Office organization Our Firm is organized into two major practice groups, Liability and Workers' Compensation, to facilitate personnel management and capitalize on the skill and experience of its attorneys. Our Liability Practice Group consists of 17 attorneys, 5 paralegals, and 10 legal secretaries. Our Liability Attorneys devote all or a substantial portion of their litigation practice to public sector, business and commercial, construction, education, insurance and self - insurance coverage, environmental, employment, auto, subrogation, and premises liability matters. Our Workers' Compensation Group is composed of 14 trial lawyers, 5 paralegals, and 10 legal secretaries. Our Workers' Compensation Attorneys devote all or a substantial portion of their legal practice to the defense of workers' compensation claims and pursuing workers' compensation subrogation recoveries. Our Workers' Compensation Group has defended Minnesota workers' compensation claims since 1973. We have one of the largest, if not the largest, workers' compensation group of any firm in Minnesota. As our attached curriculum vitae demonstrates, we serve a broad array of government entities, self - insured employers, third -party administrators and insurance companies in defense of their workers' compensation claims. In addition, please refer to Appendix A for a visual representation of our Firm's organization. 1 Support capabilities In addition to our invaluable human resources, we also utilize a state of the art computer and phone system to ensure the City of Lino Lakes will receive accurate information and fast communications from our attorneys. Another useful byproduct of our sophisticated computer system is the detailed billing summaries we are able to provide. We find that transparent and accurate billing statements that provide detailed descriptions of all of the activities billed to the client promote trust between the Firm and our clients Office Location Johnson & Condon, P.A. is located at 7401 Metro Boulevard, Suite 600, Minneapolis, MN 55439- 3034. Our main office phone number is (952) 831 -6544 and the office fax is (952) 831 -1869. Malpractice claims and Ethics complaints None of the attorneys employed by Johnson & Condon have ever been sued for malpractice. Moreover, no Johnson & Condon attorney has ever been the subject of a complaint filed with the State Bar, nor disciplined by the same institution. Insurance coverage We carry professional liability insurance (malpractice insurance) through One Beacon. Our limits are $5,000,000 per occurrence and in the aggregate, with a $25,000 deductible. Statement of 2007 municipal billings In 2007, Johnson & Condon's fees billed to municipalities consisted of $133,562.00, slightly less than 1% of our total fees billed. Cities currently represented Currently we represent the City of Champlin on a contract matter. We are also currently representing the City of St. Paul on eight different workers' compensation claims, and the City of Burnsville on a workers' compensation claim as well. Cities Johnson & Condon began representing or stopped representing in the last three years We began representing the City of Crookston in the last three years. In addition, we have represented the following five cities in the last three years: Stacy, Shakopee, Duluth, St. Louis Park, and Minneapolis. We have not stopped representing any cities in the last three years. 2 Government agencies represented in the previous five years Agency: Eden Prairie Fire Department Contact: Wayne Estenson Title: Risk Manager /Customer Service Manager Phone No.: (952) 949 -8300 Agency: Minneapolis Public Housing Authority Contact: Jeffrey B. Mooney Title: Human Resources Phone No.: (612) 342 -1207 Agency: West Metro Fire - Rescue District Contact: Dana Alexon Title: Fire Chief Phone No.:(763) 537 -2323 School District ISD 11 ISD 15 ISD 38 ISD 88 ISD 197 ISD 197 ISD 204 ISD 227 ISD 271 ISD 242 ISD 272 ISD 272 ISD 394 ISD 466 Name Georgie Schulte Tom Larson Brent Gish Harold Remme Jay Haugen Carl Colmark Robert Hasz Don Hainlen Les Fujitake Joe Guanella Melissa Krull Patricia Magnuson Ray Farwell Kim Eisenschenk Title Risk Manager Community Ed and Services Director Interim Superintendent Superintendent Superintendent Business Manager Business Manager Superintendent Superintendent Superintendent Superintendent Executive Director, Business Services Superintendent Business Manager Phone Number (763) 506 -1104 (763) 753-7041 (320) 286 -4100 (507) 359 -8551 (651) 681 -2313 (651) 681 -2383 (507) 634 -1175 (507) 867 -4210 (952) 885 -8462 (507) 874 -3240 (952) 975 -7000 (952) 975 -7071 (507) 364 -8101 (218) 679 -3353 3 School District ISD 535 ISD 622 ISD 623 ISD 704 ISD 721 ISD 728 ISD 750 ISD 832 ISD 881 ISD 882 ISD 2895 Urban Academy References Name Jerry Williams Denny Sullivan Julie Callahan Sherm Carlson Tim Rybak Mark Bezek Scott Staska Denise Sundstrom Mark Redemske Jim Johnson Gery Arndt Mongsher Ly Title Superintendent Director Business Services Human Resources/Insurance Superintendent Superintendent Superintendent Director Business Services Superintendent Superintendent Superintendent Executive Director Mr. Norbert J. Krupp, Program Claim Manager Berkley Risk Administrators Company, LLC P.O. Box 59143 Minneapolis, MN 55459 -0143 (612) 766 -3801 Mr. Arif Quraishi, National Director for the Public Sector Market Johnson Controls, Inc. 1801 - 67th Avenue N Minneapolis, MN 55430 (612) 270 -7999 Mr. Doug Gromli League of Minnesota Cities Insurance Trust 145 University Ave. West St. Paul, Mn 55103 (651) 281 -1279 Phone Number (507) 285 -8592 (651) 748 -7511 (651) 635 -1600 (218) 628 -4934 (952) 758 -1781 (763) 241 -3400 (320) 685 -4906 (651) 407 -2003 (320) 963 -3114 (763) 271 -0300 (507) 847 -3608 (651) 215 -9419 4 Johnson & Condon's Responsibilities We believe that our successes in representing municipalities on specific matters, and similar clients like government agencies and school boards, will translate into a successful partnership with the City of Lino Lakes. We believe in partnering with all of our clients whether they are the Mayor, City Council, City Administrator, Department Heads, and other staff members full and part time. Our goal is to become a vital resource for the City of Lino Lakes in an attempt to resolve issues before they become problems, thereby, saving the city and its employees time and money. Communication and interaction are vital for us to achieve our goal, and to build a successful relationship with you. Our Firm's philosophy is reflected in our motto "relationships, reliability and results," which we continually strive to incorporate into every area of our practice. Conflict of Interest We are not aware of any actual or potential conflicts of interest if chosen to represent the City of Lino Lakes. We conduct an extensive electronic conflict check before we accept any new clients. Should a conflict arise, we will notify both clients immediately. Next we would explore ways to alleviate the conflict with both clients. Finally, if there is no way around the conflict, we would recommend a suitable attorney as a substitute for the appropriate client. Neither lead city attorney, nor any other attorney at Johnson & Condon is currently representing any real estate developers. As to contiguous local units of government, lead City Attorney Shamus O'Meara is currently representing the Anoka - Hennepin School District on matters unrelated to the City of Lino Lakes. ATTORNEY QUALIFICATIONS Johnson & Condon boasts an experienced Government Liability Practice Group consisting of eight attorneys who will all be assigned to serve the needs of the City of Lino Lakes. Our Government Liability Group is composed of the following attorneys: Shamus O'Meara, Mark Condon, Christopher Celichowski, Dale Thornsjo, Paul Hopewell, Morgan Godfrey, Mark Azman, and Allison Haley. Our Government Liability Group is supported by three paralegals: Sherrie Hunt, Sonia Munoz and Lisa Harreld, as well as six legal secretaries. In addition to the background information we have provided below, please see the enclosed biographies for further information regarding the attorneys in our Government Liability Practice Group. Please note that the biographies have information listed on both the front and the back of the page. 5 Lead City Attorney Shamus P. O'Meara is a partner at Johnson & Condon and will serve the City of Lino Lakes as Johnson & Condon's Lead City Attorney. Shamus has been a member of our Firm since 1998 and Chairs the following practice groups: Education, Construction, Governmental, Employer Liability, Subrogation, Property and Fire. Shamus has represented businesses and public entities in construction, public sector, and employer liability matters for over seventeen years. Shamus was named an Attorney of the Year for 2005 by Minnesota Lawyer for his work representing school districts, and a Minnesota Super Lawyer in Minnesota Law and Politics for the years 2006 and 2007, for his construction, civil litigation, and education law practice. Shamus has extensive experience representing municipalities, independent school districts, and various other public entities. He also has experience litigating land use, planning, and zoning matters. In addition, Shamus serves on several state and local boards in the areas of facilities management, indoor air quality, development disabilities, and legal defense. Over the past three years Shamus estimates 75% of his practice has related to municipal civil law, including school districts. In the past five years, Shamus has obtained the following sampling of litigation outcomes for the following clients: . Red Lake School District (school shooting) - pre -suit settlement. Rocori School District (school shooting) - pretrial settlement. Bloomington School District (sexual molestation investigation/disposition) - pre -suit settlement. Chatfield Public Schools (transportation contract bidding /antitrust litigation) summary judgment in favor of clients. New Ulm School District (mold /indoor air quality) - $3.85 million recovery. West St. Paul School District (construction defect /ventilation deficiencies) - $372,500 recovery. Kasson - Mantorville Public Schools (construction defect /product liability), pre -trial settlement. Submitted Amicus Brief on behalf of National School Boards Association in Kentucky Retirement Systems, et al v. Equal Employment Opportunity Commission, no. 06 -137 (June 19k 2008), resulting in 5 -4 decision in client's favor. In addition to Shamus's litigation activities, he has also advised school districts and municipalities on the following areas of the law: Construction contract negotiations on behalf of school districts and municipalities; Board policy; Wind energy; Public contract; Open Meeting Law; Safety and emergency preparedness; 6 • Joint powers; • Financial audits; • Self insurance and reinsurance; and • Special Education and Disability Benefits. Alternate Lead City Attorney Mark J. Condon will serve as the Lead Attorney in the event that Shamus is absent. Mark is a senior partner and the head of Johnson & Condon's Liability Department. Mark also serves as the President of Johnson & Condon. Mark has been a member of our Firm for 33 years and throughout those 33 years he has practiced in the areas of Insurance and General Litigation. Mark possesses more than 30 years of experience with Minnesota Municipal and Contract Law. In addition, he has 20 years of experience in the areas of personnel, disability law rights and obligations, workers' compensation, employee relations and negotiations, and employee discrimination claims. He also has 20 years of experience in the preparation and review of ordinances and resolutions. Over the past three years Mark estimates his practice has been divided in the following areas: 40% motor vehicle liability, 30% product liability, 15% municipal law, 15% in general litigation. Mark has been certified as a Civil Trial Specialist by the National Board of Trial Advocacy and the Minnesota Bar Association since 1984. In 1998 he was nominated and elected as Advocate by the American Board of Trial Advocates. In the last three years Mark has represented the City of Stacy twice in liquor liability litigation, both cases settled prior to trial. Future Availability Shamus and Mark will provide appropriate City personnel with their cell phone numbers as well as the cell phone numbers of all of the attorneys working on the City's cases, which should put them in immediate contact with Mark, Shamus, and their respective staffs. In the rare event both Shamus and Mark are unavailable, calls will be returned the day they are placed or early the next business day. Consequently, Shamus O'Meara, Mark Condon, the Government Liability Practice Group, and Johnson & Condon's large and well- trained professional support staff, will be available to the City of Lino Lakes at all times. Government Liability Practice Group Attorneys Christopher Celichowski is a senior partner and the head of Johnson & Condon's Workers' Compensation Department. Chris began his tenure at Johnson & Condon in 1987 as a law clerk and became a partner in 1993. Chris has also served as the Firm's managing partner for two separate terms, 1993 - 2000, and 2004 - 2006. Chris has represented businesses and public entities in workers' compensation, subrogation, employer liability, general liability, dram shop, employment, 7 • Joint powers; • Financial audits; • Self insurance and reinsurance; and • Special Education and Disability Benefits. Alternate Lead City Attorney Mark J. Condon will serve as the Lead Attorney in the event that Shamus is absent. Mark is a senior partner and the head of Johnson & Condon's Liability Department. Mark also serves as the President of Johnson & Condon. Mark has been a member of our Firm for 33 years and throughout those 33 years he has practiced in the areas of Insurance and General Litigation. Mark possesses more than 30 years of experience with Minnesota Municipal and Contract Law. In addition, he has 20 years of experience in the areas of personnel, disability law rights and obligations, workers' compensation, employee relations and negotiations, and employee discrimination claims. He also has 20 years of experience in the preparation and review of ordinances and resolutions. Over the past three years Mark estimates his practice has been divided in the following areas: 40% motor vehicle liability, 30% product liability, 15% municipal law, 15% in general litigation. Mark has been certified as a Civil Trial Specialist by the National Board of Trial Advocacy and the Minnesota Bar Association since 1984. In 1998 he was nominated and elected as Advocate by the American Board of Trial Advocates. In the last three years Mark has represented the City of Stacy twice in liquor liability litigation, both cases settled prior to trial. Future Availability Shamus and Mark will provide appropriate City personnel with their cell phone numbers as well as the cell phone numbers of all of the attorneys working on the City's cases, which should put them in immediate contact with Mark, Shamus, and their respective staffs. In the rare event both Shamus and Mark are unavailable, calls will be returned the day they are placed or early the next business day. Consequently, Shamus O'Meara, Mark Condon, the Government Liability Practice Group, and Johnson & Condon's large and well- trained professional support staff, will be available to the City of Lino Lakes at all times. Government Liability Practice Group Attorneys Christopher Celichowski is a senior partner and the head of Johnson & Condon's Workers' Compensation Department. Chris began his tenure at Johnson & Condon in 1987 as a law clerk and became a partner in 1993. Chris has also served as the Firm's managing partner for two separate terms, 1993 - 2000, and 2004 - 2006. Chris has represented businesses and public entities in workers' compensation, subrogation, employer liability, general liability, dram shop, employment, 7 and OSHA defense matters. Over the previous four years Chris estimates his practice has primarily been divided between 75% workers' compensation and 25% liquor liability. Chris has been voted a Minnesota Super Lawyer and a Rising Star by his peers, as well as enjoying an AV rating through the Lexis Nexis Peer Review Ratings, signifying very high to preeminent legal ability and very high general ethical standards. Dale 0. Thornsjo has over twenty -four years of litigation experience. Dale is a partner at Johnson & Condon and has been a member of the Firm for fourteen years. Dale concentrates his practice on defending clients delayed - injury damage cases in the toxic tort, environmental, products liability, construction and railroad arenas. Specifically, Dale defends clients in mass tort, complex litigation involving such diverse agents as asbestos, mold, damp buildings, building products, food adulterants, and other substances. Over the past four years Dale estimates his practice has been divided as follows, 50% in the area of insurance coverage, 30% in the area of construction litigation, and 20% in the areas of class action/mass tort litigation. Dale serves as the founding Co- Chairman of the Minnesota Defense Lawyers Association's ( MDLA's) Insurance Law Committee and is a past Chair of the MDLA's Toxic Tort and Environmental Law Committee. Dale also Chairs the Firm's Environmental Law Practice Group, and Co- Chairs the Insurance Coverage and Mass Tort Practice Groups. Dale has been honored by his peers as a Super Lawyer in Minnesota Law & Politics magazine for many years. Paul S. Hopewell is a partner at Johnson & Condon and has been a member of the Firm for eleven years. Paul focuses his practice on insurance- related civil litigation, primarily in the defense of automobile liability cases and insurance coverage litigation. Paul has also litigated a variety of premises liability, dog bite, construction, liquor liability, fraud, and general liability claims. Paul has focused his practice in the following areas of the law for the past four years: 60% motor vehicle liability, 25% insurance coverage, and 15% premises liability. Paul heads the Firm's No- Fault, Uninsured, and Underinsured Practice Groups and has been voted a Rising Star in Minnesota Law & Politics magazine on several occasions by his peers. Morgan A. Godfrey has over seventeen years of litigation experience, and a has been a member of the Firm for the previous nine years. Morgan's substantial trial and appellate practice includes the defense of municipalities in civil rights claims, contract litigation, construction litigation, sex, age, and race discrimination, and Federal Employment Liability Act (FELA) claims. Morgan also has experience litigating cases involving arbitrary and capricious failure to approve of rezoning, represented the City of Minneapolis on an inverse condemnation matter, and has litigated numerous 5"' Amendment takings cases. Over the past four years Morgan's practice has primarily been divided among the following five areas of the law: 40% employment law, 20% zoning, property and real estate law, 20% contract law with special focus in the education and construction areas, 15% in the area of state and federal laws relating to municipal government, and 5% in general municipal law. Mark R. Azman has been a member of the Firm since 1999 and has practiced law since 1993. Mark represents and advises public entities and school districts in litigation and transactional matters with a particular focus in the areas of public sector and construction law. Mark has also represented 8 counties, cities, and townships in suits involving election disputes, liquor liability, employment disputes, feedlots, roads, water law, and zoning. Over the past four years Mark's practice has been divided amongst the following six areas of the law: 40% education law, 40% construction law, 9% contract law, 5% employment law, 5% trial activity, and 1% property and real estate. Recently Mark co- authored an Amicus Brief in the U.S. Supreme Court on behalf of a national client on important issues involving the Age and Discrimination in Employment Act. Mark has been honored by his peers as a 2008 Rising Star by Law and Politics Magazine. Allison R. Haley joined Johnson & Condon as a law clerk in 2005 and began practicing law with the Firm upon her admission to the Minnesota Bar in 2006. Allison concentrates her civil litigation practice in the areas of workers' compensation, commercial litigation, and general liability. Over the past two years, Allison's practice has been divided into the following four areas: 60% workers' compensation, 20% general liability, 10% construction litigation, and 10% motor vehicle liability. As a law student, Allison represented defendants in Hennepin County as part of the Misdemeanor Defense Clinic, worked on political asylum cases through the Asylum Law Project, and worked as an extern for a Hennepin County District Judge. Allison also co- authored a seminar titled Municipal Tort Liability and Subrogation in Minnesota (2005). Allison is an active member of the Minnesota Women Lawyers. Paralegals Sherrie Hunt obtained her B.A. in Criminal Justice from Valparaiso University with an Interdisciplinary in Sociology and Psychology. Sherrie is a Senior Litigation Paralegal and expert witness liaison at Johnson & Condon, with over twenty -five years of experience in the following areas of practice: liquor liability, municipal liability (primarily law enforcement liability), personal injury (including railroad asbestos exposure claims) and general municipal law. Twenty -four of Sherrie's twenty -five years as a Paralegal have been spent at the Firm. Sherrie has also served as the Corresponding Secretary for the Minnesota Paralegal Association Board of Directors, and on the Association's Continuing Education Committee as a member and the Chair. Over the last four years Sherrie estimates she has divided her time in the following four areas of the law: 20% liquor liability; 20% municipal liability; 50% personal injury; and 10% general municipal law. In addition, Sherrie has two years of experience doing social work as a Director of the Greenwich House for mentally and emotionally disturbed women, and one year of experience as an Intake Assessment Specialist with the Family Service of Racine. Sonia Munoz obtained her B.S. in American Studies from the University of Minnesota and an A.S. Paralegal Degree from the Inver Hills Community College. Sonia has worked as a Paralegal for seventeen years, the last six with Johnson & Condon. Sonia's career in the last four years has been divided amongst the following six areas of law: 2% government liability, 2% premises liability, 2% employer liability, 32% motor vehicle liability, 31% general liability, and 31% in insurance coverage. Lisa Harreld obtained her B.S. in Paralegal Studies from Winona State University, with an emphasis in business and social service law. Lisa has over twenty -three years of experience as a 9 Paralegal and has been with our Firm since 1991. Over the last four years Lisa has spent approximately 85 -90% of her time working in the area of workers' compensation and the other 10- 15% in the area of municipal liquor liability /dram shop law. In addition to her professional work at Johnson & Condon, Lisa is very involved in community service with the City of Lino Lakes and Ramsey County. She has served as a New Brighton Commissioner since 2003, first on the Economic Development Commission, and currently she serves on the Park Recreation and Environmental Commission. Lisa was also a member of the Ramsey County Library task force in 2005, where she focused on the future of the Suburban Ramsey County Library System. Currently, Lisa participates in the walking and biking subcommittees for the Active Living in Ramsey County Program. Allocation of Work As the Lead City Attorney, Shamus will act as the primary point of contact between Johnson & Condon and the City of Lino Lakes. He will personally accept and evaluate all work the City of Lino Lakes directs to Johnson & Condon. Next, Shamus will allocate the work received to the most qualified and experienced attorney on our staff, based on the complexity of the case and the area of law involved. No matter to whom the work is allocated, Shamus will maintain a supervisory role over the assigned work to ensure each case receives the excellent standard of care and professionalism to which all clients of Johnson & Condon have grown accustomed. We have confidence in all our attorneys, from the most experienced partner to our newest associate. All of our attorneys are trial lawyers or emphasize motion practice, appellate or corporate work. Our partners handle cases of greater complexity while our associates tend to handle less complex cases. Partners utilize associate attorneys and legal assistants whenever possible to control our clients' costs. At Johnson & Condon, we recognize the City of Lino Lakes has an important obligation to its citizens as a steward of public trust and its taxpayers' dollars. Hence, we are committed to keeping legal expenses as reasonable as possible. We accomplish this important goal through the following process. We rarely have two attorneys work on the same file and try to have one attorney handle a file from beginning to end. It has been our experience that this practice tends to avoid duplication of effort. When it is necessary to have two attorneys work on the same file, we clear it with the client first. Moreover, although our attorneys often utilize the wealth of experience at their disposal through consultation with the other attorneys in our office, only one attorney customarily bills for these routine conferences. FEES Johnson & Condon will provide the City of Lino Lakes legal services at an hourly rate that breaks down as follows: Partners bill at $225; Senior Associates bill at $185; Junior Associates bill at $155, and Paralegals bill at $95 per hour. For billing purposes, our minimal billing increment is one tenth of an hour, or six minutes. 10 Mark Condon, Shamus O'Meara, Christopher Celichowski, Dale Thornsjo, and Paul Hopewell, bill at the partner rate. Morgan Godfrey, and Mark Azman bill at the senior associate rate, and Allison Haley bills at the junior associate rate. In addition, Sherrie Hunt, Sonia Munoz, and Lisa Harreld bill at the paralegal rate. We will not bill Lino Lakes for the work of our legal secretaries. We provide written fee and cost estimates for specific assignments when requested. In addition, when we send an initial evaluation report to a client, we routinely make a good faith estimate of the anticipated litigation expenses. It has been our experience this practice eliminates uncertainty and guarantees our clients are not unexpectedly surprised with their billing statements. As is customary in the profession, hourly fees cover an attorney's time and effort and are in addition to all reasonable costs and expenses (over our normal file overhead) incurred by the Firm during the handling of a file. These charges include a .25 cent per page copying fee, standard IRS mileage rates, and reimbursement for parking fees. Alternate billing arrangements Johnson & Condon prefers to bill hourly as described above, however, we would be willing to discuss other fee billing arrangements. Billing Statements Johnson & Condon will have no problem providing the City of Lino Lakes with monthly billing statements which fully comply with the City's following requirements: 1. Itemized dates of service; 2. Identity of the attorney or paralegal providing the services; 3. Time spent on each item/activity /service; 4. Detailed descriptions of the services performed; 5. Itemized fees for each service item; 6. Organized billing on the basis of activity and contact; and 7. Summarized monthly (and annually) costs by type of activity. CONCLUSION Shamus O'Meara, Mark Condon and the Johnson & Condon team would make an excellent choice to serve as City Attorneys for the City of Lino Lakes. We have actively represented municipalities and government agencies through all phases of liability and workers' compensation litigation. We recognize government agencies and municipalities are special clients with unique responsibilities and obligations to the constituencies they serve. That is why we offer superior legal services at a competitive professional rate and cost - effective solutions to disputes. 11 JOHNSON & CONDON, P.A. Shamus P. O'Meara Partner and Authorized Representative for Johnson & Condon, P.A. 12 JOHNSON & CONDON, P.A. MISSION STATEMENT To continually earn our clients' trust and loyalty by providing legal services of unsurpassed quality while maintaining the highest standards of professionalism, ethics and personal integrity; To promote collegiality within the Firm, and recognize daily the valuable contributions made by all to our Mission of serving our clients; To respect and encourage our personal aspirations and commitments; and To identify, enhance and seize opportunities for prudent growth in the next decade and beyond. 725731.wpd 13 E. Kuderer Q) c� `s Q) i L C14) 0 O E ., a c 3 >, o a .c ° ct i ,a o= � � a) A 6 C7; Z � 0 s. et cat et UUE.- >4 ti aaaa.,-, JOHNSON CONDO N Attorneys at Lam P.A. Johnson & Condon P.A. Main phone: 952.831.6544 Fax: 952.831.1869 www.Johnson - Condon.com ONE TEAM. MULTIPLE EXPERTISE. Alternative Dispute Resolution Mark J. Condon, Timothy J. Leer, B. Jon Lilleberg, Shamus P. O'Meara and Paul S. Hopewell Business and Commercial Law Mark J. Condon, Robert E. Kuderer, Shamus P. O'Meara, Mark R. Azman, Dale O. Thornsjo, B. Jon Lilleberg, Timothy J. Leer, Paul S. Hopewell, Matthew M. Johnson, Jacob M. Tomczik, Stacey A. Molde, Michael M. Skram, Nadia B. Hasan and Allison R. Haley Construction Law Shamus P. O'Meara, Morgan A. Godfrey, Mark R. Azman, Dale O. Thornsjo, Mark J. Condon, B. Jon Lilleberg, Chad H. Gabert, Paul S. Hopewell, Matthew M. Johnson, Jacob M. Tomczik, Nadia B. Hasan and Allison R. Haley Education Law Shamus P. O'Meara, Morgan A. Godfrey, Mark R. Azman, Chad H. Gabert and Paul S. Hopewell Employer Liability Shamus P. O'Meara, Chris E. Celichowski, Paul S. Hopewell and Chad H. Gabert Employment Law Mark J. Condon, Morgan A. Godfrey, Chris E. Celichowski, Pau l S. Hopewell, Matthew M. Johnson and Allison R. Haley General Liability Mark J. Condon, Timothy J. Leer, Dale O. Thornsjo, B. Jon Lilleberg, Shamus P. O'Meara, Paul S. Hopewell, Matthew M. Johnson, Morgan A. Godfrey, Mark R. Azman, Chad H. Gabert, Jacob M. Tomczik, Michael M. Skram, Nadia B. Hasan and Allison R. Haley Government Liability Mark J. Condon, Shamus P. O'Meara, Chris E. Celichowski, Morgan A. Godfrey, Mark R. Azman, Paul S. Hopewell, Chad H. Gabert and Allison R. Haley Insurance Coverage Dale O. Thornsjo, Robert E. Kuderer, Mark J. Condon, Shamus P. O'Meara, Paul S. Hopewell, Mark R. Azman, Morgan A. Godfrey, Matthew M. Johnson, Jacob M. Tomczik, Stacey A. Molde, Michael M. Skram and Nadia B. Hasan Life, Health & Disability Practice Group Robert E. Kuderer, B. Jon Lilleberg and Stacey A. Molde JOHNSON CONDON Attorneys at Law PA. Johnson & Condon P.A. Main phone: 952.831.6544 Fax: 952.831.1869 www.Johnson- Condon.com Liquor Liability Chris E. Celichowski, Mark J. Condon, Timothy J. Leer, Paul S. Hopewell, Matthew M. Johnson, Jacob M. Tomczik, Michael M. Skram, Nadia B. Hasan and Allison R. Haley Marine Liability Mark J. Condon, Matthew M. Johnson and Michael M. Skram Motor Vehicle Mark J. Condon, Timothy J. Leer, B. Jon Lilleberg, Paul S. Hopewell, Matthew M. Johnson, Michael M. Skram and Jacob M. Tomczik Premises Liability Mark J. Condon, Timothy J. Leer, B. Jon Lilleberg, Paul S. Hopewell, Matthew M. Johnson, Morgan A. Godfrey, Mark R. Azman, Jacob M. Tomczik, Michael M. Skram and Nadia B. Hasan Products Liability Mark J. Condon, Timothy J. Leer, Dale O. Thornsjo, Robert E. Kuderer, B. Jon Lilleberg, Shamus P. O'Meara, Paul S. Hopewell, Matthew M. Johnson, Morgan A. Godfrey, Mark R. Azman, Jacob M. Tomczik, Stacey A. Molde and Michael M. Skram Professional Liability Mark J. Condon, Timothy J. Leer, Robert E. Kuderer, Paul S. Hopewell, Matthew M. Johnson, Chad H. Gabert, Michael M. Skram and Stacey A. Molde Property and Fire Shamus P. O'Meara, Morgan A. Godfrey, Mark J. Condon, Paul S. Hopewell, Chad H. Gabert and Jacob M. Tomczik Self Insurance Mark J. Condon, Shamus P. O'Meara, Dale O. Thornsjo, Chris E. Celichowski, Mark R. Azman and Morgan A. Godfrey Subrogation Property: Shamus P. O'Meara, Morgan A. Godfrey and Chad H. Gabert Workers' Compensation Subrogation: Shamus P. O'Meara, Chris E. Celichowski, B. Jon Lilleberg, Chad H. Gabert and Matthew M. Johnson Toxic and Mass Tort Dale O. Thornsjo, Mark J. Condon, Shamus P. O'Meara, Mark R. Azman, Chad H. Gabert and Jacob M. Tomczik Transportation Law Minnesota: Mark J. Condon, B. Jon Lilleberg and Paul S. Hopewell Wisconsin: Timothy J. Leer, Robert E. Kuderer and Matthew M. Johnson Workers' Compensation Jon J. Johnson, Chris E. Celichowski, Mark A. Wagner, Mary E. Kohl, Mary E. Christenson, Elizabeth Benson Powell, Timothy P. Eclov, Jeremy D. Rosenberg, Kris Anderson Ryan, Sarah E. Foulkes, Steven E. Sullivan, Sarah E. Groskreutz, Brian P. Thompson, Nadia B. Hasan and Allison R. Haley JOHNSON CONDON Attorneys at Law P.A. RELATIONSHIPS, RELIABILITY, RESULTS. JOHNSON CONDON Attorneys at Lam P.A. Practice Areas ALTERNATIVE DISPUTE RESOLUTION BUSINESS & COMMERCIAL LAW CONSTRUCTION LAW EMPLOYMENT LAW GENERAL LIABILITY GOVERNMENT LIABILITY INSURANCE COVERAGE LIQUOR LIABILITY MARINE LIABILITY MOTOR VEHICLE PREMISES LIABILITY PRODUCTS LIABILITY PROFESSIONAL LIABILITY PROPERTY AND FIRE SELF INSURANCE TOXIC AND MASS TORT Mark J. Condon Direct dial: 952.806.0414 E -mail: MJC@Johnson- Condon.com Fax: 952.831.1869 MJC MARK J. CONDON Attorney at Law Mark Condon is a senior partner and head of the Firm's Liability Department. For over 30 years he has practiced in the areas of Insurance and General Litigation. He has tried hundreds of cases throughout the state in the areas of Product Liability, Personal Injury, Governmental Liability, Liquor Liability (both Dram Shop and Premises Liability), Employment Law, Mass Tort Claims, General Negligence and Coverage issues. He prides himself in successfully trying cases in a multitude of areas. He also acts as a mediator and arbitrator and is often selected as a sole or neutral arbitrator. A lifelong boater, he has a U.S. Coast Guard - issued Captain's License and is a mem- ber of the Maritime Law Association. Mr. Condon has presented numerous seminars in the areas of Trial Skills and Negligence. Among his contributions to Minnesota caselaw is his successful argument of Elwood v. Rice, 423 N.W.2d 671 (Minn. 1988) which established official immunity for municipalities. Mr. Condon has been certified as a Civil Trial Specialist by the National Board of Trial Advocacy and the Minnesota State Bar Association since 1984. In 1998, he was nominated and elected as Advocate by the American Board of Trial Advocates. JOHNSON CONDO N Attorneys at Law P.A. Mark J. Condon Direct dial: 952.806.0414 E -mail: MJC @Johnson - Condon.com Fax: 952.831.1869 EDUCATION • William Mitchell College of Law, J.D. (1975) • College of St. Thomas, B.A. (1971) BAR ADMISSIONS • Minnesota State Court (1975); • Eighth Circuit Court of Appeals (1980); • Federal District Court, District of Minnesota (1975) PROFESSIONAL • Minnesota Defense Lawyers Association AFFILIATIONS • Minnesota State Bar Association • Federal Bar Association • Minnesota American Indian Bar Association • American Board of Trial Advocates • Maritime Law Association • U.S. Coast Guard Merchant Marine Association (Captain's License) REPORTED CASES • Illinois Farmers Ins. Co. v. League of Minnesota Cities Ins. Trust, 617 N.W.2d 428 (Minn. App. 2000) • Soltis- McNeal v. Erickson, 1999 WL 1138524 (Minn App. 1999) • Lefto v. Hoggsbreath Enterprises, Inc., 581 N.W.2d 855 (Minn 1998) • Plowman v. Digatono, 1995 WL 606537 (Minn. App. 1995) • Elwood v. Rice, 423 N.W.2d 671 (Minn. 1988) • Hollerich v. City of Good Thunder, 340 N.W.2d 665 (Minn. 1983) • Flanery v. Total Tree, Inc., 332 N.W.2d 642 (Minn. 1983) • Jacobson v. Illinois Farmers Ins. Co., 264 N.W.2d 804 (Minn. 1978) SPO JOHNSON CONDON Attorneys at Law P.A. Practice Areas ALTERNATIVE DISPUTE RESOLUTION BUSINESS & COMMERCIAL LAW CONSTRUCTION LAW EDUCATION LAW EMPLOYER LIABILITY GENERAL LIABILITY GOVERNMENT LIABILITY INSURANCE COVERAGE PRODUCTS LIABILITY PROPERTY & FIRE REALTOR & TITLE COMPANY LIABILITY SELF INSURANCE SUBROGATION TOXIC & MASS TORT Shamus P. O'Meara Direct dial: 952.806.0438 E -mail: SPO @Johnson - Condon.com Fax: 952.893.8338 SHAMUS P. O'MEARA Attorney at Law Shamus O'Meara is a partner with Johnson & Condon representing school districts, businesses and local governments in complex liability, construction and transaction- al matters. He serves as a mediator and arbitrator for construction and commercial disputes, and presents nationally on school safety and construction topics. He has been recognized as an Attorney of the Year by Minnesota Lawyer, and a Super Lawyer by Minnesota Law & Politics for his education and construction practice. Shamus represents clients in all areas of school safety, including school shooting inci- dents. He has worked with the U.S. Secret Service, U.S. and Minnesota Departments of Education, U.S. Attorneys Office, FBI, Minnesota Department of Public Safety, school districts, charter schools, and many state and national educa- tion organizations to promote safety awareness and crisis management in schools and on campuses. Shamus also represents owners, contractors and other parties involved in the con- struction process. He negotiates and handles all aspects of construction contract placement, public and private bidding, insurance and bonding issues, coordinates with various construction professionals, and handles claims and litigation involving construction projects. He serves on boards for facilities management, indoor air, developmental disabilities and legal defense, and on a legislative school safety and emergency management task force. Shamus is a 1991 graduate of William Mitchell College of Law in Saint Paul, Minnesota. He is admitted to all state and federal courts in Minnesota, the 8th Circuit Court of Appeals, and has been admitted pro hac vice in several jurisdictions. AFFILIATIONS • Attorney of the Year, Minnesota Lawyer (2005) (SELECTED) • Minnesota Super Lawyer, Minnesota Law & Politics (2006, 2007) • American Arbitration Association - Construction and Commercial Arbitrator • Minnesota Legislative School Safety Task Force • American Bar Association Forum on the Construction Industry • Minnesota State Bar Association, Construction Law Section • Minnesota Defense Lawyers Association (Director; Founding Chair, Construction Law Committee) • Minnesota Construction Association • Council of School Attorneys, National and Minnesota School Boards Associations • Minnesota School Boards Association Disaster Response Team • Minnesota Association of School Business Officials • Building Owners and Management Association • Minnesota Self - Insurers Association • Minnesota Indoor Air Association (Director) • Minnesota Governor's Council on Developmental Disabilities (Chair) • Saint Paul RiverCentre Convention & Visitors Authority (Founding Co- Chair) AUTHOR • Partnering for School Safety, Minnesota School Boards Association Leadership Conference, Co -Chair & SPEAKER (2007); MSBA Journal (2007); U.S. Department of Education Office of Safe and Drug -Free Schools (SELECTED) School Security Officials and Safe School Center Directors Conference (2005) • School Security and Disaster Planning, National School Plant Managers Association Conference (2007); Tennessee Education Conference (2007) • Avoiding Building Design and Construction Problems, National School Plant Managers Association Conference (2007); National Business Institute (2007); Minnesota Association of School Maintenance Supervisors (2006) • The Betterment or Added Benefit Defense, Construction Lawyer (2006); American Bar Association Forum on the Construction Industry Annual Conference (New Orleans 2005) • School Safety and Violence Prevention in Minnesota, Minnesota School Boards Association Leadership Conference, Co -Chair (2006) • Digital Partnering With the Legal Profession, The Verdict (2006) • The Home Buyers Warranty Option in Minnesota, The Builder's Club (2006) • Construction Defect Claims in Minnesota, Lorman Education (2006) • How's Your Mechanical Project ?, Minnesota Association of School Business Officials Conference (2006) • Defense Perspectives on Education Law, Minnesota Defense Lawyers Association Conference (2006) • Digital Partnering for People With Developmental Disabilities (2006) • Managing the Imperfect Storm, Minnesota District Judges Association Conference (2006); Minnesota Indoor Air Association Conferences (2004 -2007) • The 25 Year Water Claim, Minnesota Defense (2005); HarrisMartin Mold (2005) • Joint Powers and Partnership Arrangements for School Districts, Minnesota School Boards Association Leadership Conference (2005) • Legal and Practical Approaches to Construction Contracting and Disaster Response, Minnesota Counties Insurance Trust Safety and Loss Control Workshop (2004); Minnesota Association of Townships Seminar (2004) • Summary, Minnesota Department of Education Health and Safety Policy, Minnesota School Boards Association Leadership Conference (2004) • Selecting and Using Experts in Mold Cases, Minnesota Continuing Legal Education (2003) • Environmental Issues for Schools: Mold, Lead, Toxic Building Sites, and Other Unmentionables, National School Boards Association Annual Conference (San Francisco 2003) • Construction Considerations in Mold Litigation: Investigation, Causation, Mitigation & Remediation, HarrisMartin Mold (2006); Minnesota Defense (2002,2003); American Conference Institute Conferences (Miami, New York, Toronto, San Francisco (Co- Chair) (2001, 2002) • The Owner's Role, Construction Contracting for Public Entities, Lorman Education (2002) • Proving the Mold Claim, Minnesota Continuing Legal Education (2002) • Mold: The Litigation Blossoms, An Advanced Course, Minnesota Defense Lawyers Association Seminar, Co -Chair (2002) • Indoor Air Quality, National School Boards Association Council of School Attorneys Inquiry Journal (2001) • Mold in Buildings, The Legal Issues, Midwest Conference and Symposium on Indoor Air Quality (2001- 2003) • Defense & Coverage Considerations in Construction Mold Cases, Northwest Claims Seminar (2000) • Pitfalls in Standard Construction Contracts, League of Minnesota Cities Loss Control Quarterly (2000) • AlA Contract Analysis (1998, 2002) CEC JOHNSON CONDO N Attorneys at Law RA. Practice Areas EMPLOYER LIABILITY EMPLOYMENT LAW GOVERNMENT LIABILITY LIQUOR LIABILITY SELF INSURANCE SUBROGATION WORKERS' COMPENSATION Christopher E. Celichowski Direct dial: 952.806.0442 E -mail: CEC @Johnson - Condon.com Fax: 952.831.1869 CHRISTOPHER E. CELICHOWSKI Attorney at Law Chris Celichowski represents clients in a variety of matters involving Minnesota workers' compensation, subrogation, employer liability, general liability, dram shop, employment and OSHA defense matters. A shareholder with the Firm since 1993, Mr. Celichowski heads Johnson & Condon's Workers Compensation Section, one of the largest Workers Compensation practice groups in the state. He began his career with the Firm in 1987 as a law clerk. Mr. Celichowski served as the firm's managing partner from 1993 - 2000 and from 2004 - 2006. Mr. Celichowski graduated Summa Cum Laude from the University of Wisconsin Stevens Point in 1984. Mr. Celichowski received his law degree from the University of Minnesota Law School in 1988. At the University, he served as a managing edi- tor for the Journal of Law & Inequality, was on the Dean's List, and earned the William O. Douglas Award for excellence in Constitutional Law. Admitted to practice in Minnesota state and federal courts, he is a member of the American Bar Association, the Minnesota State Bar Association, the Minnesota Defense Lawyers Association and the Hennepin County Bar Association. Mr. Celichowski litigates cases in civil, appellate and administrative law courts. He lectures extensively and has prepared seminar materials for workers' compensation, workers' compensation subrogation, employer liability and dram shop audiences. In 2003, he co- authored an essay, "Recent Developments in Minnesota Dram Shop Law" which appeared in Vol. 30, No. 2 of the William Mitchell Law Review. His peers have voted him a Minnesota "Super Lawyer" and "Rising Star" in Law and Politics Magazine. His professional colleagues have also given him an "AV" rat- ing through the Lexis Nexis Martindale- Hubbell Peer Review Ratings signifying very high to pre- eminent legal ability and very high general ethical standards. He lives with his wife, Bonnie Sons, and their four children in Shorewood, Minnesota. Outside the office he coaches multiple youth sports, serves on various community boards, and enjoys competitive running and freelance writing. JOHNSON — CONDO N Attorneys at Lam P.A. Christopher E. Celechowski Direct dial: 952.806.0442 E -mail: CEC @Johnson- Condon.com Fax: 952.831.1869 AFFILIATIONS • International Society of Primerus Law Firms (SELECTED) • American Bar Association • Minnesota State Bar Association • Hennepin County Bar Association • Minnesota Defense Lawyers Association. • Review Board of the Province of St. Joseph of the Capuchin Order (pro bono) • Milwaukee Area Review Board (pro bono) • Chicago Area Review Board (pro bono) AUTHOR & SPEAKER • Breaking the Cycle of Prolonged Passive Modnities, Seminar moderator and Presenter (SELECTED) of Lecture on the "Application of Minnesota Workers' Compensation Treatment Parameters to Soft Tissue Injury Cases "' May 2007 Seminar Sponsored by Woodlake Medical • Recent Developments in Minnesota Dram Shop Law, Vol. 30, William Mitchell Law Review, pp. 613 -645. • Development of Naig and Reverse - Naig Settlements, Feb. 2001, Minnesota Defense Lawyers Association, Mid winter conference, author and speaker. • Racial Descrimination Under 42 U.S.L. Sect. 1982: Proof or Perceptions? Shaare Tefila Congregation v. Cobb, Law and Inequality: A Journal of Theory and Practice, vol. V, No. 1 JOHNSON CONDO N Attorneys at Law P.A. Practice Areas BUSINESS & COMMERCIAL LAW CONSTRUCTION LAW GENERAL LIABILITY INSURANCE COVERAGE PRODUCTS LIABILITY SELF INSURANCE TOXIC & MASS TORT Dale O. Thornsjo Direct dial: 952.806.0498 E -mail: DOT @Johnson - Condon.com Direct facsimile: 952.893.8398 DOT DALE 0. THORNSJO Attorney at Law Dale Thornsjo focuses his practice on the diffcult insurance coverage and defense issues involved in delayed- injury /damage cases in the toxic tort, environmental, products liability, construction and railroad arenas. He has represented both primary and excess insurers in numerous trigger, allocation, pollution exclusion, products lia- bility and "coordination of coverage" cases. He continues his long - established prac- tice of defending clients in mass tort, multiple - plaintiff or individual plaintiff cases involving such diverse agents as asbestos, mold, damp buildings, building products, food adulterants and other substances. In addition to his practice in Minnesota, Mr. Thornsjo has represented insurers, manufacturers and other entities in jurisdictions such as Wisconsin, Iowa, Michigan, South Dakota and New York. He is a 1984 cum laude graduate of William Mitchell College of Law, and is a member of the Defense Research Institute and its local arm, the Minnesota Defense Lawyers Association. He serves as a founding Co- Chairman of MDLA's Insurance Law Committee and is a past chair of MDLA's Toxic Tort and Environmental Law Committee. He is also a member of the Federal Bar Association, the Association of the Bar of the United States Court of Appeals for the Eighth Circuit, and the Forum for Environmental and Toxic Tort Issues. He is a frequent lecturer on a variety of coverage, toxic tort and construction matters. Mr. Thornsjo Co- Chairs the Firm's Insurance Coverage and Toxic and Mass Tort Practice Groups. He has been honored by his peers as a "Super Lawyer" in Minnesota Law & Politics magazine for many years. BAR ADMISSIONS AUTHOR & SPEAKER REPORTED CASES JOHNSON CONDO N Attorneys at Law P.A. Dale O. Thornsjo Direct dial: 952.806.0498 E -mail: DOT@Johnson- Condon.com Direct facsimile: 952.893.8398 • Minnesota State Court (1984); Federal District Court, District of Minnesota (1984); Eighth Circuit Court of Appeals (1987); Federal District Court, Western District of Wisconsin (1991); Federal District Court, Eastern District of Michigan (1994); Pro Hac Vice admissions in Federal Courts in the Eastern District of New York, the District of South Dakota and the Northern District of Iowa, and in state courts in Michigan, Wisconsin and Iowa • Contractual Risk Management Through Insurance; MDLA's 2007 Insurance Law Institute (Co- Chair); • Railroad Contractor and Outsource Liability Coverage: Practical Considerations when Addressing Indemnification and Additional Insured Issues (2006) • Mold and Indoor Air Quality; Minnesota Distict Judge's Association Annual Meeting (2006) • Legal and Legislative Update; Managing the Imperfect Storm, Minnesota Indoor Air Association Annual Conference (2004); and Navigating the Twilight Zones, Minnesota Indoor Air Association Annual Conference (2006); • "Insuring" the Railroad's General Liability Risks: Practical Considerations when Negotiating With Outside Contractors, Midwest Claims Conference (2005); • Environmental Issues for Schools: Mold, Lead, Toxic Building Sites, and Other Unmentionables; NSBA Council of School Attorneys Annual Conference (2003); • Defense Considerations in Mold Litigation: Investigation, Causation, Mitigation & Remediation, Minnesota Defense (Fall 2002 and Winter 2003); • Insurance Settlements: "Reality Sliced and Diced," Techniques in Mediation, Arbitration and Settlement, Minnesota Institute of Legal Education (2002); • Mold: The Litigation Blossoms, An Advanced Course, Minnesota Defense Lawyers Association Seminar, Co -Chair (2002); • Construction Considerations in Toxic Mold Litigation: Investigation, Causation, Mitigation & Remediation, ACI Conferences in Miami, San Francisco, New York, Miami (Co- Chair), and Toronto (2001 and 2002); • Subrogation: The Insurer Strikes Back, or, "We Can't be Left Holding the Bag, So It Has to Be...," ACI Conferences in Miami, San Francisco and New York (2001 and 2002); • Winning Strategies for Litigating a Toxic Mold Case: A Multi- Perspective Roundtable (For the Defense), ACI Conference, San Diego (2001); • Construction Litigation Defects: Defense and Coverage Considerations in Construction Mold Cases; • Insurance Coverage in Light of the New AIA Form A201; • Minnesota Landfill Cleanup Act: Ready or Not, Here It Comes: State's Rights Under Minnesota's Landfill Cleanup Act, Minnesota Defense Lawyers Association Seminar, Co -Chair (1998); • Commercial General Liability Policies: Environmental Claims; • Minnesota Considerations for Environmental Insurance Coverage Claims; • Dropdown Issues in Excess Liability Policies; • Personal Injury and Advertising Injury Issues Raised in Commercial General Liability Policies; • Midwest Environmental Claims Association Annual Bodily Injury Law Update • In Re: Silicone Implant Ins. Coverage Litigation, 652 N.W.2d 46 (Minn. App. 2002), aff'd in part and reversed in part, 667 N.W.2d 405 (Minn. 2003), reh'g denied (Minn. Sept. 29, 2003) • Continental Cas. Co. v. Auto- Owners Ins. Co., 238 F.3d 941 (8th Cir. 2000); • Ceridian Corp. v. SCSC Corp., 38 F.Supp. 1113 (D. Minn. 1999), affd, 212 F.3d 398 (8th Cir. 2000); • Dow Corning v. Continental Casualty, 1999 WL 33435067 (Mich. App. 1999): • Hydrite Chem. Co. v. Aetna Cas. & Sur. Co., 220 Wis.2d 26, 582 N.W.2d 423 (Ct. App. 1998); • State v. Hydrite Chem. Co., 220 Wis.2d 51, 592 N.W.2d 411 (Ct. App. 1998); • Westling Mfg. Co., Inc. v. Western Nat. Mut. Ins. Co., 581 N.W.2d 39 (Minn. App. 1998); • Aetna Cas. & Sur. Co. v. Dow Chemical Co., 44 F.Supp.2d 847 (E.D. Mich. 1997), 933 F.Supp.2d 675 (E.D. Mich. 1996), 883 F.Supp.2d 1101 (E.D. Mich. 1995); • SCSC Corp. v. Allied Mut. Ins. Co., 536 N.W.2d 305 (Minn. 1995); • Sylvester Bros. Development Co. v. Great Cent. Ins. Co., 503 N.W.2d 793 (Minn. App. 1993), 480 N.W.2d 368 (Minn. App. 1992); • Holmes v. Watson- Forsberg Co., 488 N.W.2d 473 (Minn. 1992); • Souder v. Owens- Corning Fiberglass Corp., 939 F.2d 647 (8th Cir. 1991) PSH JOHNSON CONDON Attorneys at Law P.A. Practice Areas ALTERNATIVE DISPUTE RESOLUTION BUSINESS & COMMERCIAL LAW CONSTRUCTION LAW EDUCATION LAW EMPLOYER LIABILITY EMPLOYMENT LAW GENERAL LIABILITY GOVERNMENT LIABILITY INSURANCE COVERAGE LIQUOR LIABILITY MOTOR VEHICLE PREMISES LIABILITY PRODUCTS LIABILITY PROFESSIONAL LIABILITY PROPERTY & FIRE Paul S. Hopewell Direct dial: 952.806.0432 E -mail: PSH @Johnson- Condon.com Fax: 952.893.8332 PAUL S. HOPEWELL Attorney at Lam Paul Hopewell focuses his practice on insurance - related civil litigation, primarily in the defense of personal lines matters. His experience includes defense of automobile liability cases, insurance coverage litigation, No -Fault arbitrations, and Uninsured and Underinsured Motorist claims. He also provides coverage advice to Insurers on a variety of personal lines issues. In addition, Mr. Hopewell litigates a variety of premises liability, dog bite, construction, liquor liability, fraud and general liability claims. Mr. Hopewell's successful defense of a dog owner in Carlson v. Friday, 694 N.W.2d 828 (Minn. Ct. App. 2005) was selected as one of the Top Ten Cases for the year 2005, pursuant to Minnesota Lawyer Magazine. He is a frequent lecturer on No- Fault, Uninsured, Underinsured and Insurance Fraud issues. Along with fellow attorney Matt Johnson, Mr. Hopewell heads the Firm's No- Fault, Uninsured and Underinsured Practice Sections. He has been voted a "Rising Star" in the Minnesota legal profession by the practicing bar in Minnesota Law & Politics magazine on several occasions. Prior to joining the Firm, Mr. Hopewell was a four year letter winner and two year starter for the University of Minnesota Football Team from 1988 -1991. He continues to enthusiastically follow his Golden Gophers and is a current Director of the University of Minnesota Touchdown Club. Mr. Hopewell spends most of his time outside the office keeping up with his wife, Michelle, and daughters Isabelle and twins Olivia and AvaMarie. EDUCATION JOHNSON CONDON Attorneys at Law EA. Paul S. Hopewell Direct dial: 952.806.0432 E -mail: PSH @Johnson- Condon.com Fax: 952.893.8332 • William Mitchell College of Law, J.D. (1996) • University of Minnesota, B.A. (1993) BAR ADMISSIONS • Minnesota State Court (1996); Federal District Court, District of Minnesota (1996) PROFESSIONAL • Minnesota Defense Lawyers Association AFFILIATIONS • Defense Research Institute • Hennepin County Bar Association • Minnesota State Bar Association AUTHOR & SPEAKER • A Guide to the Minnesota No -Fault Automobile Insurance Act • Course Chair, Insurance Fraud: Detecting, Proving and Defeating APPELLATE DECISIONS • Carlson v. Friday 694 N.W.2d 828 (Minn. Ct. App. 2005) PERSONAL • University of Minnesota Football Touchdown Club (Director) AFFILIATIONS • University of Minnesota "M" Club • University of Minnesota Alumni Association • Bierman Student /Athlete Award Winner JOHNSON CONDON Attorneys at Lam P.A. Practice Areas BUSINESS & COMMERCIAL LAW CONSTRUCTION LAW EDUCATION LAW GENERAL LIABILITY GOVERNMENT LIABILITY INSURANCE COVERAGE SELF INSURANCE PREMISES LIABILITY PRODUCTS LIABILITY TOXIC AND MASS TORT Mark R. Azman Direct dial: 952.806.0408 E -mail: MRA @Johnson - Condon.com Direct fax: 952.893.8308 MRA MARK R. AZMAN Attorney at Law In litigation and transactional matters, Mark Azman represents and advises school districts and public entities, focusing his practice in the areas of public sector matters and construction law. Mark has handled the day to day litigation management of numerous large -scale Minnesota and Wisconsin public school district matters involv- ing school safety, tort liability, employment law, and construction matters. Mark also negotiates and drafts contracts and other agreements on behalf of school districts in the fields of construction, joint enterprise, insurance, employment, and real estate. Mark has also represented a variety of clients in a diverse range of commercial litigation cases involving the mortgage industry, real estate speculation and develop- ment, food industry, animal feed businesses, home health care, insurance brokerages and advertising and communications. He has defended insurers in complex coverage disputes involving a wide range of underlying litigation including unfair business practices, CERCLA and products liability. He also has defended counties, cities and townships in suits involving election disputes, dram shop, employment disputes, feed- lots, roads, water law, and zoning. Mark recently co- authored an Amicus Brief in the U.S. Supreme Court on behalf of a national client on important issues involving the Age Discrimination in Employment Act. Mark has spoken at numerous seminars on many topics including construction law, governmental liability, joint powers, and indoor air quality. Prior to joining the Firm, he practiced in St. Cloud, Minnesota. Mark also clerked for the Honorable Sharon L. Hall of the Tenth Judicial District. He has been named a 2008 Rising Star by Law and Politics Magazine. He is a member of the Defense Research Institute, the Minnesota Defense lawyers Association, the Federal Bar Association, and the Eighth Circuit Bar Association. Mark is admitted to practice in all state courts in Minnesota, and the Seventh, Eighth and Eleventh Circuit Courts of Appeal. He also serves on the Board of Directors of the Minnesota Council of School Attorneys, and is an Alumnus of the Warren E. Burger and John E. Simonett American Inns of Courts. JOHNSON . CONDO N Attorneys at Law P.A. Mark R. Azma Direct fax: 952.893.8308 Direct dial: 952.806.040 E -mail: MRA @Johnson - Condon.co EDUCATION • William Mitchell College of Law, J.D., cum laude (1993) • The College of the Holy Cross, B.A. (Economics) (198 BAR ADMISSIONS • Minnesota State Court (1993); Federal District Court, District of Minnesota (1995); Federal District Court, Easter District of Wisconsin (2003); Federal District Court, Western District of Wisconsin (1996); Seventh Circuit Co of Appeals (1997); Eighth Circuit Court of Appeals (2000); Eleventh Circuit Court of Appeals (2002) PROFESSIONAL • Minnesota School Boards Association • National School Boards Association AFFILIATIONS • Minnesota Council of School Attorneys • National Council of School Attorneys Current Member of the Board of Directors • Federal Bar Association • Defense Research Institute • Eighth Circuit Bar Association • Minnesota Defense Lawyers Association: • Minnesota State Bar Association Governmental Liability Section • Hennepin County Bar Association Construction Law Section, Insurance Law Section • Holy Cross Club of Minnesota • Warren E. Burger American Inn of Court (Alumnus) • John E. Simonett American Inn of Court (Alumnus) AUTHOR & SPEAKER • Age Discrimination in Employment Act Update, MN Council of School Attorneys (2008) • Best Value Contracting for School Districts, 2008 MSBA Leadership Conference /MASMS State Meeting • Investigating the Difficult Issues, 2007 MSBA Leadership Conference • Legal and Legislative Update, Minnesota Indoor Air Association (2007) • Construction Defect Claims in Minnesota, Lorman Education Services (2006) • Liability Considerations for Joint Activities, Urban Town Short Course, Minnesota Association of Townships (2006) • Defense Perspectives on Education Law, Minnesota Defense Lawyers Association Mid- Winter Conference (2006) • Legal and Legislative Update, Indoor Air Quality and Mold, Minnesota Indoor Air Association Annual Conference (2006 • The Betterment or Added Benefit Defense, ABA The Construction Lawyer (Spring 2006) (co- author) • Joint Powers and Partnership Arrangements for School Districts, 2005 MSBA Leadership Conference • Legal and Coverage Issues for Joint Powers Entities, Minnesota Association of Townships Insurance Trust Attorney Seminar (2004) • Winning Strategies for Litigating a Toxic Mold Case: A Multi- Perspective Roundtable (For the Defense), ACI Conference, San Diego, CA (2001) • Equal Employment Opportunity Commission Litigation Update, Minnesota School Boards Association Council of School Attorneys Annual Meeting (2001) • Subordinate Service Districts, Gravel Pits, Bidding Procedures, Road Vacation & Reversion, and Challenging Ordinances, Northland Insurance Township Seminar (2000) • Conflicts Between Township and County Ordinances, Northland Insurance /Minnesota Association of Townships Seminar (1998) • UIM/UM Update, State Farm Insurance Companies Legal Seminar, UIM /UM (1998) • Roads and Cartways, Minnesota Association of Townships Legal Seminar (1998) • Adult Uses, Northland Insurance /Minnesota Association of Townships Legal Seminar (1998) • Guardianship /Conservatorship Law and Practice Seminar, MSBA Continuing Legal Education Presentation (1995 • The Development of Title VII Protection for American Citizens Emloyed Abroad by American Employers: Yesterday, Today and Tomorrow, 18 Wm. Mitchell L. Rev. 531 (1992) REPORTED CASES UNREPORTED CASES State • Home Ins. Co. v. National Union Fire Ins. of Pittsbough, 658 N.W.2d 522 (Minn.2003) • Home Ins. Co. V. National Union Fire Ins. ofPittsburgh, Pennsylvania, 643 N.W.2d 307 (Minn. Ct. App. 2002) • BECA of Alexandria, L.L.P. v. County of Douglas es al Bd. of Com'r, 607 N.W.2d 459 (Minn. Ct. App. 2000) • Pelican Group ofLakeslmp. Dist. v Minnesota Dept. of Natural Resource, 589 N.W.2d 517 (Minn. Ct. app. 1999 • ReinsuranceAss'n of Minnesota v Hanks, 539 N.W. 2d 793 (Minn. 1995) Federal • Manion v. Nagin, 392 F.3d 294 (8th Cir. 2004) • Minnesota School Boar&Arr'n Ins. Trust v Employers Ins. Of Wausau, 331 F.3d 579,177 Ed. Law Rep. 136 (8th Cir. 2003 • Minnesota School Boards Ass'n Ins. Trust v. U.S.E.E.O. C, 184 F.Supp.2d 899,162 Ed. Law Rep. 208 (D.Minn. 2001 • Mill v. Farm Bureau Mut. Ins. Co., 2005 WL 3527257, Minn. App., Dec 27, 2005 • Berscheit v Town of Grey Eagle, MN., 1999 WL 486914, Minn.App., Jul 13, 1999 • Terpstra v. Peterson, 1999 WL 289283, Minn.App., May 11, 1999 • Tolzman v. Town of Wyoming, 1999 WL 109604, Minn.App., Mar 02, 1999 • Soltis v. Hovey, 1998 WL 727759, Minn.App., Oct 20, 1998 • Ammann v. Hansen, 1997 WL 207570, Minn.App., Apr 29, 1997 • Frisch v Bassett, 1996 WL 104770, Minn.App., Mar12, 1996 • Conservatorship of Johnson, 1995 WL 321365, Minn.App., May 30, 1995 JOHNSON Attorneys at Law P.A. Practice Areas CONSTRUCTION LAW EDUCATION LAW EMPLOYMENT LAW GENERAL LIABILITY GOVERNMENT LIABILITY INSURANCE COVERAGE PREMISES LIABILITY PRODUCTS LIABILITY PROPERTY AND FIRE SELF INSURANCE SUBROGATION Morgan A. Godfrey Direct dial: 952.806.0403 E -mail: MAG @Johnson - Condon.com Fax: 952.893.8303 MAG • MORGAN A. GODFREY Attorney at Law In his over 17 years of litigation experience, and his diverse representation of indi- viduals, businesses and insurance carriers, Morgan Godfrey has provided countless benefits to a wide variety of Johnson & Condon's clients. He has successfully pur- sued or defended many lawsuits involving construction claims, commercial contract disputes, employment cases, products liability actions, fire litigation and insurance cov- erage proceedings. He concentrates his work in the Firm's Construction, Employment, Government Liability, and Insurance Coverage practice areas. His substantial trial and appellate practice includes the defense of municipalities in civil rights claims, and the defense of both public and private clients in contract lit- igation, construction litigation, sex, age and race discrimination, professional liability, and Federal Employment Liability Act (FELA) claims. As with his litigation experience, Mr. Godfrey's publications and continuing legal education faculty experience reflect his depth and diversity of knowledge. He has authored or lectured on such topics as the potential impact of mold on indoor air quality, coverage issues raised by construction contracts, the legal and ethical limi- tations of surveillance, employment investigation fundamentals, and on workers compensation issues. JOHNSON CONDO N Attorneys at Law P.A. Morgan A. Godfrey Direct dial: 952.806.0403 E -mail: MAG @Johnson - Condon.com Fax: 952.893.8303 EDUCATION • B.A. University of Wisconsin - Madison, 1986 With Distinction • J.D. William Mitchell College of Law, 1990 Associate Editor, William Mitchell Law Review BAR ADMISSIONS • Minnesota Supreme Court • U.S. District Court, District of Minnesota • Wisconsin State Court (2006) AUTHOR & SPEAKER • Advanced Construction Law in Minnesota: Dispute Resolution and Ethics in Construction • The Legal And Ethical Constraints To The Use Of Surveillance Under Minnesota's Anti- Stalking Statute • Indoor Air Quality and Schools: The Issue, Applicable Standards, Remediation • Insurance Coverage In Light Of The New AIA Form A201 • Comment: Minnesota Court Provides Employers Economic Incentive to Forgo Rehiring Temporarily Partially Disabled Employees: Parson v. Holman Erection Co., 428 N.W.2d 72 (Minn. 1988), 15 WM. MITCHELL L. REV. 1069 (1989) PERSONAL • Member, Minnesota Defense Lawyers Association Construction Law Committee AFFILIATIONS • Member, Minnesota Defense Lawyers Association Employment Law Committee • Member, American Bar Association • Member, Minnesota Bar Association • Member, Wisconsin Bar Association • Member, Hennepin County Bar Association LECTURES Averting Chaos on the job Site, Proactively Understanding Components of a Good 2006/2007 Contract, National Business Institute, February 2006. Authored materials and lec- tured regarding the following sections: Performance and Payment Bond Concerns in Construction; Methods and Alternatives for Construction Contract Dispute Resolution. Insurance Coverage Litigation, National Business Institute, February 2006. Co- Authored materials and lectured regarding the following section: Common Types of Insurance Coverage Disputes. This also covered such areas as insurance coverage for con- tractual liability and construction defects. Construction Defect Claims, Lorman Education Services, March 2006. Panel Member for section entitled Perspectives From The Plaintiff And Defense In Construction Defect Claims - Panel Discussion. Also co -lcd section regarding Perspectives From the Experts. What to do when Construction Projects go bad in Minnesota, Lorman Education Services, November 2006. Authored materials and lectured regarding the following sec- tions: Pursuing Sureties; Alternative Dispute Resolution. Minnesota School Boards Association 86th Leadership Conference, January 12, 2007. Co- author and lecturer on the topic of Investigating the Difficult Issues, Employment Investigation Fundamentals, and lecturer on the topic of Construction Defect Investigation Fundamentals. JOHNSON CONDO N Attorneys at Law P.A. Practice Areas BUSINESS & COMMERCIAL LAW CONSTRUCTION LAW EMPLOYMENT LAW GENERAL LIABILITY GOVERNMENT LIABILITY LIQUOR LIABILITY WORKERS' COMPENSATION Allison R. Haley Direct dial: 952.806.0448 E -mail: ARHaIey @Johnson - Condon.com Fax: 952.893.8348 ARH • ALLISON R. HALEY Attorney at Lam Allison Haley concentrates her civil litigation practice in the areas of commercial lit- igation and general liability. Ms. Haley graduated with honors from the University of Minnesota Law School in May of 2006. While at the University of Minnesota Law School, she represented defendants in Hennepin County as part of the Misdemeanor Defense Clinic, worked on political asylum cases through the Asylum Law Project, and practiced the art of argument while on Environmental Moot Court. She joined Johnson & Condon as a law clerk in January of 2005. Ms. Haley received her undergraduate degree in Psychology and Political Science from University of Nebraska - Lincoln, where she was a member of Phi Beta Kappa. Before joining Johnson & Condon, Ms. Haley was an extern for a District Court Judge in Hennepin County. She is admitted to practice in the state courts of Minnesota and in the federal district courts of Minnesota. She is a member of the Minnesota State Bar Associations and the Federal Bar Association. She is also an active member of Minnesota Women Lawyers. JOHNSON CONDON Attorneys at Law P.A. Allison R. Haley Direct dial: 952.806.0448 E -mail: ARHaiey @Johnson - Condon.com Fax: 952.893.8348 EDUCATION • University of Minnesota Law School, J.D. cum laude (2006) • University of Nebraska . Lincoln, B.A. with distinction, Phi Beta Kapa (2002) BAR ADMISSIONS • Minnesota Supreme Court (2006) • Federal District Court, District of Minnesota (2007) PROFESSIONAL • Minnesota State Bar Association AFFILIATIONS • Minnesota Women Lawyers • Federal Bar Association AUTHOR & SPEAKER • Co- Author: Municipal Tort Liability and Subrogation in Minnesota (2005) WS — Item 7 WORK SESSION STAFF REPORT Work Session Item 7 Date: July 7, 2008 To: City Council From: Gordon Heitke Re: Xcel Utility Franchise Agreements Background The City Council reviewed the draft Xcel utility franchise agreements prepared by Kennedy and Graven at the June 2, 2008 work session. The draft agreements established a maximum franchise fee rate and also established that fees were to be of the same or substantially similar amount for other utility suppliers. The council questioned and expressed concern with the need for including these limitations in the contract, especially in view of the existing franchise fee established for Centennial Utilities. Staff forwarded the question and concern to Mr. James Strommen, Kennedy and Graven, for a response. (See attached memo.) In response to the Council's comments, he also updated the draft agreement showing the language stricken. Requested Council Direction The council needs to determine whether the draft agreement is ready to be presented to Xcel Energy for their consideration. Attachments 1. Strommen memo, June 19, 2008 2. Revised Xcel Energy gas and electric franchise agreements CHARTERED James M. Strommen 470 US Bank Plaza 200 South Sixth Street Minneapolis MN 55402 (612) 337 -9233 telephone (612) 337 -9310 fax jstrommen@kennedy-graven.com MEMORANDUM TO: City of Lino Lakes Mayor and City Council CC: Gordon Heitke, City Administrator FROM: Jim Strommen DATE: June 19, 2008 RE: Alternative Approaches to Gas and Electric Franchise Fees INTRODUCTION You have asked for a discussion on the alternative franchise fee designs available when a city exercises its right to impose franchise fees on the gas or electric utility(ies) serving the city. I am available for any questions that may arise out of this memorandum. There are three possible methods of imposing franchise fees under Minnesota law and customary practice: percentage of gross revenue fees, meter fees, and usage fees. Though percentage of gross revenue and usage fees are similar, they have certain distinctions described below. The meter fee is the most commonly used currently and is the least objectionable to utilities. The most significant pros and cons of each are discussed below. BACKGROUND A. Nature of the Fee and Limits Statutory Authority A city's right to impose a franchise fee on either a gas or electric utility is governed by Minnesota Statutes, Section 216B.36, enacted in 1974 when the Public Utilities Commission (PUC) was created. There is also an older franchise statute that has some relevance to the 335300v1 JMS LN140 -105 a ees in the franc e ,(.• it collects he franchise asonable. e ` "is no c Minnesota establishing erk is ti f able with ect to a franchise fees'° By way of example, the ctli of St ` til an ` 'est St. Paul are illy Minnesota c posingf, and electric franchise fees as high as 5% of the 's gross revenues derived from •... �: tio.ns in that city' Of course, the City "unposes the 7 °lo fee on the City of Circle Pines municipal gas utility. ' Otherwise, the most common range of the Minnesota cities that impose a franchise fee on gas and electric utilities is ,queen 2% and 3% of company's gross revenues from operations in the city. iproximately ten percent of Minnesota cities now impose a franchise tee on their gas or ctrie utilities, or both. It,is fair to say that the larger, Minnesota cities and those in the in City Metro Area comprise the vast majority of cities imposing franchise', fees. So it is Memorandum June 19, 2008 extent it is not inconsistent with 216B.36. That is Section 301B.01. Section 216B.36 provides that: Under the [municipal] license, permit, right, or franchise, the [gas or electric] utility may be obligated by any municipality to pay to the municipality fees to raise revenue or defray increased municipal costs accruing as a result of utility operations, or both. Similarly, Section 301B.01 states that the gas, electric, and other public service corporations can be required to pay the municipality "compensation" for the use of public property to deliver the utility services. Franchise Fee as Pass Through Gas and electric utilities are allowed by the PUC to pass through these franchise fees to their customers within the jurisdiction imposing the franchise fee. Thus, the franchise fee design is most relevant to the utility customers who will be paying the fee. The utility collects the fee and turns it over to the city for use as general revenue. In Minnesota, there is no possibility of an up -front franchise fee paid by the utility in the same manner a McDonald's franchisee would pay for a McDonald's franchise. Utilities will not make any franchise fee payments from their own coffers but rather rely on the collection of the fee from their customers within the city. rout to Fee Amy." atutory limit • t: but is t the franchise negotiations, 1dating fee it need not have any r e tually incurs because of the utility's g and. Section 216B.36 makes it very +ees may be recovered from t liA 335300v1 JMS LN140 -105 The limits on fee amounts are established more by the voting public in the form of objections to contemplated amounts, than by agreed caps. The five percent limit includes with the draft given to the City has been a common limit in. many city -Xce1 franchises. While that cap can be removed, it is likely that Xcel will raise the subject of.a cap in fee, but not on the other, and it mows fees to :be different from one utility to another. Despite that legal right, it is uncommon for a city to impose a franchise fee on an electric utility and, not on its gas ut i l ity,, or on one unlit y p ro.v i d er and not the other provider of the same services in the other part of the city. e.g., and (onnexus. 1 am aware of at least one exception to that practice. Minnetonka's Franchise Ice is to fund undergrounding cosh of Xcel electric. No.fee is imposed on its gas franchisee, CenterPoint. Utilities always seek a "substantially equivalent" clause in the franchise to prevent a city from making our product more expensive that the other utilities "." Cities always compl) in my experience because, although it is their right to distinguish between utilities, the councils have wanted to treat all utilities and their customers the same with respect. to fees Here. the City has had a fee on a single utility and no other for several years. As a result the status quo already incorporates a fee on some but not others. The fact that the utility collecting the fee is a municipal probiibly influences this exception to the rule. It has different "shareholder" dynamic than the Xcels and CenterPoints, and obviously agreed tc the franchise and fee collection when the other utilities did not have: a similar- obligation That has not been my experience with the investor - owned utilities like Xcel anc CenterPoint has a "substantially equivalent" provision in its franchise with the City, in force until 2012. By excluding a similar provision in the Xcel or Connexus franchises, the Cit) reserves the right to collect fees from those utilities in equal or different amounts or nol impose any fee on CenterPoint. Xcel will not agree to this, especially as it relates to its competing gas operations in the City. Xcel and CenterPoint also take the position that they are competing electric versus gas and therefore seek parity with the other with regard to As a result, I predict that excluding the `substantial equivalent" provision in the Xcel franchise will create an impasse in the negotiations. If Xcel does not agree to the franchise regarded as a contract by the courts), the City will be unable to collect any franchise tees from Xcel due to no agreement, or Connexus if it doesn't agree, unless the City 1) Memorandum June 19, 2008 more than ten percent of the Metro cities that impose gas or electric franchise fees, with Greater .Minnesota cities comprising less than ten percent of the total. when negotiating tllc Franchise. Franchises Fees Need Not be Uniformly Imposed Between Utilities Minnesota law allows cities to impose franchise fees on one franchised gas or electri c utility CenterPoint fees. 335300v1 JMS LN140 -105 lrequ e s'reesona � tt the he franchise right of `cities and refuse to collect franchise the right to strike the best deal it e City can ething of cer Memorandum June 19, 2008 he utilities, or 2) obtains 1 ion. iort vere a "tiebreaker" w . e prznciples of : �M � ` � cplll<���th the tnchise authors " the Legislttr� one In my opinion, if the term the ility "must "agree." 01 e court. the u t s because'' e utility can always refuse, agre leve the Legislature-gave cities more tan just that could walk awa" and require .Ices. fees. could with a utili e" a franch WaricanalY that must fa pr cities, sou can s WI - above,- ause comica all htte • in amo ubstantally egizrvali ave' generally agreed'witli a p ally "girl in to the process with the same with respect to fees. Co f revenue and the intent is to col xlrtie step, Nevertheless, it remains the City's right to leave out any agreement: substantially the same when it comes to imposing fees. The City ere with multiple utilities posed franchilsk ven pereegli B. Types of Franchise Fee Designs Percent of Gross Revenues The most common method of imposing a franchise fee, until recently, was the percentage of gross revenues formula. This form adds to each utility customer's bill a pro rata percentage, e.g. 3 %, of the utility's revenue derived from its operations in the city. For example, if a utility generated $2 million in gross revenue from its operations within a city, a 3% gross revenue franchise fee would be $60,000 a year. In its simplest form, the gross revenue fee spread the $60,000 across each customer in proportion to that customer's share of the total revenue. There is nothing prohibiting modifications to such a formula, however. Pros: 335300v1 JMS LN140 -105 Memorandum June 19, 2008 1. The current policy argument in favor of gross revenue franchise fees is usually centered on the conservation incentive component to the franchise fee. The argument is that a person can reduce the franchise fee, as well as its overall gas or electric bill, by conserving. The counter to that argument is that there are limits to how much a household or business can conserve and the savings in the franchise fee context is small. Nevertheless, the conservation aspect of the gross revenue basis is one reason some cities still choose this method over the meter fee approach that is a fixed fee regardless of usage (below). Residents most benefiting from a gross revenue approach would be those who live south during the winter months and use the bare minimum gas sufficient to prevent pipes from freezing in the home during January and February. 2. A gross revenue fee captures growth in the city due to the company's probable increase in gross revenues derived from the higher utility needs from more business and residential dwellings. This typically converts to more revenues for the city if gas or electric prices remain constant or increase and the franchised utility continues to be the substantial provider of the gas or electricity to customers in the city, as opposed to (in a deregulated environment) merely delivering the commodity to the customer, who buys it from other sources. The latter arrangement is more common in the gas industry. Under current law, neither gas nor electric residential customers have the right to purchase the gas or electricity from any source other than the franchised utility. Gas business customers have had such rights since 1988 so the market is stable in that regard. Therefore, under the largely monopoly regulation environment governing gas and electric utilities, growth in the city will mean growth in the utility's gross revenues. Cons: 1. This type of franchise fee design has become less common in recent years because it can be seen as disproportionately hard on large users, such as large businesses. Utilities are competition conscious even though deregulation has slowed or stopped due to the scandals in recent years by Pacific Gas & Electric's bankruptcy and Enron's market manipulation. Competition for large employers on a utility's electric load instead of some alternative form of energy and its location within a city have resulted in utilities and cities agreeing on rate designs that are not heavily weighted on its largest employers /customers, as the percent of gross revenue method tends to be. "Demand rate" customers for electric utilities are the largest customers because their demands create the need for the production of the most expensive energy delivery (hot days in July and August for electric utilities and cold days in January for gas utilities). A very large employer located in a city may constitute a very large percentage of the gross revenues earned by that utility. To counter this effect, some cities and utilities have agreed to a lower percentage fee applied to large customers than to residents. 2. Another criticism of the gross revenue method in recent years has been a result of the spiking of gas and electric prices that are passed through to customers. Gas and electric utilities "pass through" components of their rates based on the price they pay for gas or 335300v1 JMS LN140 -105 Memorandum June 19, 2008 electricity. When the commodity rates increase rapidly, the gross revenues of utilities increase. The straight percent of gross revenue fee would increase accordingly, to the hardship of the customer paying high gas and electric prices. While the utilities are passing through their own costs and not generating "windfalls" in the way some may argue oil companies do in spiking oil prices, cities clearly receive enhanced revenue because it is not recovering its costs but raising pure revenue. Thus, the already less - than- popular franchise fee can be seen by residents and businesses a spiking and increasingly unfair "windfall" fee. 3. The percent of gross revenue approach can result in substantial increases and capture growth, but it is also subject to reductions that make it a less predictable revenue source. If commodity prices were to fall dramatically or usage be reduced (due to conservation or alternative energy or alternative sources of gas or electricity), the revenues to the utility and the city would decrease accordingly. For budget and planning purposes, this could be problematic. The most drastic example of this problem actually occurred 20 years ago with the City of St. Paul and its gas franchise. Through the above - mentioned deregulation, the franchise gas utility ceased to be the primary provider of certain large customers, thus dropping the franchised utility's revenues and the franchise fee with it. This is unlikely in a regulated environment, but more of a possibility in a deregulated environment. Again, modifications can be made to the gross revenue approach to mitigate some of the unfair aspects described above. A cap can be placed on the amount of a franchise fee and percentages used can vary based on customer class and even income levels. These are difficult to administer and are often resisted by the utilities for that reason, however. Meter Fees This is the most common form of franchise fee since at least 2000. It attaches the fee to each meter which is usually, but not always, one per customer. Utilities favor it because it is fixed and inevitably results in a far lower franchise fee imposed on large businesses than the gross revenue method. A typical franchise fee in many Minnesota cities is $1.50 per month per meter (e.g. residential household and single- metered small business) and an increased amount as the size of the customer increases but always scheduled and fixed for a predictable recovery. Note that meter fee revenues can be converted into a percent of gross revenue calculation to determine equivalents. Pros: 1. As noted, it is a fixed and predictable amount. Thus, it is good for city and customer budgeting purposes. 2. It captures revenue from growth in a city. When new homes and commercial buildings are built, meters are added and revenue generated in a predictable amount. 3. The fixed aspect of meter fees is less likely to agitate individuals and business owners who have accepted, or resigned themselves to, the franchise fees when first adopted. 335300v1 JMS LN140 -105 Memorandum June 19, 2008 In contrast, the gross revenue fees can turn an initially supportive customer into a vocal opponent when a spike in the fee occurs later in the collection period. 4. It is not subject to a decrease in revenue. Neither the source of the gas or electricity nor the utilities revenues in the city affect the amount of the meter fee revenue collection. 5. Large businesses will likely be less opposed to a meter -based franchise fee than to a gross revenue fee, depending on the formula of course. Cons: 1. Because this is a fixed fee, it does not change based on customer usage. Persons who go south during the winter or who have strong conservation priorities do not pay lower franchise fees under this design. Thus, adding to the franchise fee unpopularity generally may be an objection from environmentally - conscious residents. The counter to this conservation- related objection is similar to the counter regarding gross revenues above. The amount of money to be saved on a month -to -month basis through conservation is minimal. 2. The utility will propose the formula among the customer classes because it provides the city with the sample runs of revenue generated from various formulas. The meter fee will inevitably favor the large businesses. The city is free to counter with its own proposal, but meter fee formulas will never capture more than a few hundred dollars a month from a large business, whereas a percent of gross revenue applied in a high usage month could be in the thousands in fees. Usage -Based Fee This is the least common fee of the three, but has some interesting characteristics. Utilities do not favor it because of the administrative hassle they claim it creates. Pros: 1. Unlike the gross revenue fee that will increase with a commodity price, beyond the control of the consumer or utility, the city and utility can agree on a BTU or KWh formula for the fee. So the commodity price will not vary for the franchise fee even though it varies for the remainder of the customer's bill. This makes it a pure usage -based fee that does reward conservation. 335300v1 JMS LN140 -105 Memorandum June 19, 2008 2. This formula also can be adjusted for each customer class creating the ability to reduce the potential fee for large customers. 3. This is a "deregulation proof' formula. In other words, even if the franchised utility has a substantial drop in its revenues in the city because of customers purchasing their power from an outside utility provider, the franchise fee will not change. This can be demonstrated by the following example. Years ago there was discussion on and experiments with aggregating smaller customers such as residents and allowing aggregated as well as larger customers to purchase electricity or gas from a provider other than the franchised utility. Currently, all residents in Minnesota must buy their gas and electricity from the utility serving them at their place of residence, e.g., the franchised utility. If City residents were allowed, e.g., to buy electricity from Minnesota power, it would be "wheeled" by Xcel or Connexus into the city. Xcel or Connexus' gross revenues would decrease by the amount of electricity aggregated residents had purchased from Minnesota Power. On a collective basis, that could dramatically drop the gross revenues. The usage - based fee would not be affected by this phenomenon because it is based on the customer's usage, not the franchised utility's gross revenues.. Cons: 1. Xcel has expressed its opposition to this method because it finds administration of the separate formula to be cumbersome and more costly. This approach is used only in New Brighton and St. Paul, in part, to my knowledge. These are both Xcel cities. 2. Arriving at a series of appropriate formulas that equalize franchise fee burdens among different classes and gas and electric users of different utilities adds a level of complexity to the franchise fee negotiation process and may need to be adjusted over time due to changing commodity prices. 3. It may add to customer confusion because it would be based on a different formula for a franchise fee than the formula established for the rest of a customer's bill. 335300v1 JMS LN140 -105 GAS FRANCHISE ORDINANCE NO. CITY OF LINO LAKES, ANOKA COUNTY, MINNESOTA AN ORDINANCE GRANTING NORTHERN STATES POWER COMPANY, A MINNESOTA CORPORATION, D /B /A XCEL ENERGY, ITS SUCCESSORS AND ASSIGNS, A NONEXCLUSIVE FRANCHISE TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN FACILITIES AND EQUIPMENT FOR THE TRANSPORTATION, DISTRIBUTION, MANUFACTURE AND SALE OF GAS ENERGY FOR PUBLIC AND PRIVATE USE AND TO USE THE PUBLIC WAYS AND PUBLIC GROUNDS OF THE CITY OF LINO LAKES, MINNESOTA, FOR SUCH PURPOSE; AND, PRESCRIBING CERTAIN TERMS AND CONDITIONS THEREOF. THE CITY COUNCIL OF THE CITY OF LINO LAKES, ANOKA COUNTY, MINNESOTA, ORDAINS: SECTION 1. DEFINITIONS. For purposes of this Ordinance, the following capitalized terms listed in alphabetical order shall have the following meanings: 1.1 City. The City of Lino Lakes, County of Anoka, State of Minnesota. 1.2 City Utility System. Facilities used for providing public utility service owned or operated by City or agency thereof, including sewer, storm sewer, water service, street lighting and traffic signals, but excluding facilities for providing heating, lighting, or other forms of energy. 1.3 Commission. The Minnesota Public Utilities Commission, or any successor agency or agencies, including an agency of the federal government, which preempts all or part of the authority to regulate gas retail rates now vested in the Minnesota Public Utilities Commission. 1.4 Company. Northern States Power, a Minnesota corporation, d/b /a Xcel Energy, its successors and assigns including all successors or assigns that own or operate any part or parts of the Gas Facilities subject to this franchise. 1.5 Gas. "Gas" as used herein shall be held to include natural gas, manufactured gas, or other form of gaseous energy. 1.6 Gas Facilities. Gas transmission and distribution pipes, lines, ducts, fixtures, and all necessary equipment and appurtenances owned or operated by the Company for the purpose of providing gas energy for public or private use. 333271v1 JMS LNI40 -105 1 1.7 Notice. A writing served by any party or parties on any other party or parties. Notice to Company shall be mailed to General Counsel, Legal Services, Suite 3000, 800 Nicollet Mall, Minneapolis, MN 55402. Notice to the City shall be mailed to City Administrator, 600 Town Center Parkway, Lino Lakes, MN 55014. Any party may change its respective address for the purpose of this Ordinance by written notice to the other parties. 1.8 Public Ground. Land owned or otherwise controlled by the City for park, open space or similar public purpose, which is held for use in common by the public. 1.9 Public Way. Public right -of -way within the City as defined in Minn. Stat. §237.162 subd. 3. SECTION 2. ADOPTION OF. FRANCHISE. 2.1 Grant of Franchise. City hereby grants Company, for a period of twenty (20) years from the date this Ordinance is passed and approved by the City, the right to import, manufacture, distribute and sell gas for public and private use within and through the limits of the City as its boundaries now exist or as they may be extended in the future. For these purposes, Company may construct, operate, repair and maintain Gas Facilities in, on, over, under and across the Public Ways and Public Grounds, subject to the provisions of this Ordinance. Company may do all reasonable things necessary or customary to accomplish these purposes, subject however, to such reasonable regulations as may be imposed by the City pursuant to ordinance or permit requirements and to the further provisions of this franchise agreement. 2.2 Effective Date; Written Acceptance. This franchise shall be in force and effect from and after the passage of this Ordinance and publication as required by law and its acceptance by Company. If Company does not file a written acceptance with the City within 60 days after the date the City Council adopts this Ordinance, the City Council by resolution may revoke this franchise or seek its enforcement in a competent jurisdiction. 2.3. Service, Rates, and Area. The service to be provided and the rates to be charged by Company for gas service in City are subject to the jurisdiction of the Commission. 2.4. Publication Expense. Company shall pay the expense of publication of this Ordinance. 2.5. Dispute Resolution. If either party asserts that the other party is in default in the performance of any obligation hereunder, the complaining party shall notify the other party of the default and the desired remedy. The notification shall be written. Representatives of the parties must promptly meet and attempt in good faith to negotiate a resolution of the dispute. If the dispute is not resolved within thirty (30) days of the date of written Notice, the parties may jointly select a mediator to facilitate further discussion. The parties will equally share the fees and expenses of this mediator. If a mediator is not used or if the parties are unable to resolve the dispute within 30 days after first meeting with the selected mediator, either party may commence an action in District Court to interpret and enforce this franchise or for such other relief as may be permitted by law or equity. 333271v1 JMS LN140 -105 2 2.6. Continuation of Franchise. If the City and the Company are unable to agree on the terms of a new franchise by the time this franchise expires, this franchise will remain in effect until a new franchise is agreed upon, or until 90 days after the City or the Company serves written Notice to the other party of its intention to allow the franchise to expire. However, in no event shall this franchise continue for more than one year after expiration of the 20 -year term set forth in Section 2.1. SECTION 3. LOCATION, OTHER REGULATIONS. 3.1. Location of Facilities. Gas Facilities shall be located, constructed, and maintained so as not to interfere with the safety and convenience of ordinary travel along and over Public Ways and so as not to disrupt or interfere with normal operation of any City Utility System. Gas Facilities may be located on Public Grounds as determined by the City. Company's construction, reconstruction, operation, repair, maintenance, location and relocation of Gas Facilities shall be subject to other reasonable regulations of the City consistent with authority granted the City to manage its Public Ways and Public Grounds under state law, to the extent not inconsistent with a specific term of this franchise agreement. Company may abandon underground Gas Facilities in place, provided at the City's request, Company will remove abandoned metal or concrete encased conduit interfering with a City improvement project at its own expense to the extent such conduit abandoned Facilities are is uncovered as part of the City's improvement project. 3.2 Field Locations. Company shall provide field locations for its underground Gas Electric Facilities within City consistent with the requirements of Minnesota Statutes, Chapter 216D. 3.3 Street Openings. Company shall not open or disturb the surface of any Public Way or Public Ground for any purpose without first having obtained a permit from the City, if required by a separate ordinance, for which the City may impose a reasonable fee. Permit conditions imposed on Company shall not be more burdensome than those imposed on other utilities for similar facilities or work. Company may, however, open and disturb the surface of any Public Way or Public Ground without a permit if (i) an emergency exists requiring the immediate repair of Gas Facilities and (ii) Company gives telephone, email or similar notice to the City before commencement of the emergency repair. Within two business days after commencing the repair, Company shall apply for any required permits and pay any required fees. 3.4. Restoration. After undertaking any work requiring the opening of any Public Way, the Company shall restore the Public Way in accordance with Minnesota Rules, part 7819.1100 and applicable City ordinances consistent with law. Company shall restore the Public Ground to as good a condition as formerly existed, and shall maintain the surface in good condition for six (6) months thereafter. All work shall be completed as promptly as weather permits, and if Company shall not promptly perform and complete the work, remove all dirt, rubbish, equipment and material, and put the Public Ground in the said condition, the City shall have, after demand to Company to cure and the passage of a reasonable period of time following the demand, but not to exceed five days, the right to make the restoration of the Public Ground at 333271v1 JMS LN140 -105 3 the expense of Company. Company shall pay to the City the cost of such work done for or performed by the City. This remedy shall be in addition to any other remedy available to the City for noncompliance with this Section 3.4. 3.5 Performance Security. The City hereby waives any requirement, in the normal course of Company operations, for Company to post a construction performance bond, certificate of insurance, letter of credit or any other form of security or assurance that may be required under a separate existing or future ordinance of the City, of a person or entity obtaining the City's permission to install, replace or maintain facilities in a Public Way or the Public Ground. Notwithstanding the foregoing, the City reserves the right to require a performance bond for new installation, replacement, or repairs, when the Company's completion of its work is required in order for the City to proceed on a timely basis with a public improvement project. 3.6 Avoid Damage to Gas Facilities. Nothing in this Ordinance relieves any person from liability arising out of the failure to exercise reasonable care to avoid damaging Gas Facilities while performing any activity. The Company must take reasonable measures to prevent the Gas Facilities from causing damage to persons or property. The Company must take reasonable measures to protect the Gas Facilities from damage that could be inflicted on the Facilities by persons, property, or the elements. The Company must take protective measures when the City performs work near the Gas Facilities, if given reasonable notice by the City of such work prior to its commencement. 3.7. Notice of Improvements to Streets. The City will give Company reasonable written Notice of plans for improvements to Public Ways where the City has reason to believe that Gas Facilities may affect or be affected by the improvement. The notice will contain: (i) the nature and character of the improvements, (ii) the Public Ways upon which the improvements are to be made, (iii) the extent of the improvements, (iv) the time when the City will start the work, and (v) if more than one - Public Way is involved, the information provided by the contractors regarding the order in which the work is intended to proceed. The notice will be given to Company a sufficient length of time, considering seasonal working conditions, in advance of the actual commencement of the work to permit Company to make any additions, alterations or repairs to its Gas. Facilities that the Company deems necessary. 3.8. Mapping Information. The Company must promptly provide mapping information for any of its Gas Facilities in accordance with the requirements of Minnesota Rules Parts 7819.4000 and 7819.4100. SECTION 4. RELOCATIONS. 4.1. Relocation in Public Ways. The Company shall comply with Minnesota Rules, part 7819.3100 and applicable City police powers and ordinances consistent with law. 4.2. Relocation in Public Grounds. City may require Company at Company's expense to relocate or remove its Gas Facilities from Public Ground upon a finding by City that the Gas Facilities have become or will become a substantial impairment to the existing or 333271v1 JMS LN140 -105 4 proposed public use of the Public Ground. Such relocation shall comply with city police powers and applicable ordinances consistent with and law. 4.3. Projects with Federal Funding. Relocation, removal, or rearrangement of any Gas Facilities made necessary because of the extension into or through City of a federally -aided highway project shall be governed by the provisions of Minnesota Statutes Section 161.46. The City is obligated to pay Company only for those portions of its relocation costs for which City has received federal funding specifically allocated for relocation costs in the amount requested by the Company. 4.4 No Waiver. The provisions of this franchise apply only to facilities constructed in reliance on a franchise from the City and shall not be construed to waive or modify any rights obtained by Company for installations within a Company right -of -way acquired by easement or prescriptive right before the applicable Public Ground or Public Way was established, or Company's rights under state or county permit. SECTION 5. INDEMNIFICATION. 5.1. Indemnity of City. Company shall indemnify and hold the City harmless from any and all liability, on account of injury to persons or damage to property occasioned by the construction, maintenance, repair, inspection, the issuance of permits, or the operation of the Gas Facilities located in the Public Ways and Public Grounds. The City shall not be indemnified for losses or claims occasioned through its own negligence except for losses or claims arising out of or alleging the City's negligence as to the issuance of permits for, or inspection of, Company's plans or work. 5.2. Defense of City. In the event a suit is brought against the City under circumstances where this agreement to indemnify applies, Company at its sole cost and expense shall defend the City in such suit if written notice thereof is promptly given to Company within a period wherein Company is not prejudiced by lack of such notice. If Company is required to indemnify and defend, it will thereafter have control of such litigation, but Company may not settle such litigation without the consent of the City, which consent shall not be unreasonably withheld. This section is not, as to third parties, a waiver of any defense or immunity otherwise available to the City. The Company, in defending any action on behalf of the City, shall be entitled to assert in any action every defense or immunity that the City could assert in its own behalf. This franchise agreement shall not be interpreted to constitute a waiver by the City of any of its defenses of immunity or limitations on liability under Minnesota Statutes, Chapter 466. SECTION 6. VACATION OF PUBLIC WAYS. The City shall give Company at least two weeks prior written notice of a proposed vacation of a Public Way. The City and the Company shall comply with Minnesota Rules, 7819.3100 subpart 2 and 7819.3200 and applicable ordinances consistent with law. 333271v1 JMS LNI40 -105 5 SECTION 7. ABANDONED FACILITIES. The Company shall comply with City ordinances, Minnesota Statutes, Section 216D.01 et seq. and Minnesota Rules Part 7819.3300, as they. may be amended from time to time. The Company shall maintain records describing the exact location of all abandoned and retired Facilities within the City, produce such records at the City's, request and comply with the location requirements of Section 216D.04 with respect to all Facilities, including abandoned and retired Facilities. SECTION 8. CHANGE IN FORM OF GOVERNMENT. Any change in the form of government of the City shall not affect the validity of this Ordinance. Any governmental unit succeeding the City shall, without the consent of Company, succeed to all of the rights and obligations of the City provided in this Ordinance. SECTION 9. FRANCHISE FEE. 9.1. Form. During the term of the franchise hereby granted, and in addition to permit fees being imposed or that the City has a right to impose, the City may charge the Company a franchise fee. The fee may be (i) a percentage of gross revenues received by the Company for its operations within the City, or (ii) a flat fee per customer based on metered service to retail customers within the City or on some other similar basis, or (iii) a fee based on units of energy delivered to any class of retail customers within the corporate limits of the City. The method of imposing the franchise fee, the percentage of revenue rate, or the flat rate based on metered service may differ for each customer class or combine the methods described in (i) - (iii) above in assessing the fee. The City shall seek to use a formula that provides a stable and predictable amount of fees, without placing the Company at a competitive disadvantage. If the Company claims that the City required fee formula is discriminatory or otherwise places the Company at a competitive disadvantage, the Company shall provide a formula that will produce a substantially similar fee amount to the City and reimburse the City's reasonable fees and costs in reviewing and implementing the formula. The City will attempt to accommodate the Company but is under no franchise obligation to adopt the Company - proposed franchise fee formula and each review will not delay the implementation of the City- imposed fee. 9.2. Separate Ordinance. The franchise fee shall be imposed by separate ordinance duly adopted by the City Council, which ordinance shall not be adopted until at least thirty (30) days after written notice enclosing such proposed ordinance has been served upon the Company. The fee shall become effective ten (10) days after written notice enclosing such adopted ordinance has been served upon the Company by certified mail. 9.3. Condition of Fee. The separate ordinance imposing the fee shall not be effective against the Company unless it lawfully imposes a fee of the same or substantially similar amount 333271v1 JMS LN140 -105 e a franchise fee that exceed five (5) percent of the gross 6 ctricity from sources other than the Company, the Company's gross revenues from operations in the City are reduced during the term of this franchise. 9.4. Collection of Fee. The franchise fee shall be payable not less than quarterly during complete billing months of the period for which payment is to be made. The franchise fee formula may be changed from time to time, however, the change shall meet the same notice requirements and the fee may not be changed more often than annually. Such fee shall not exceed any amount that the Company may legally charge to its customers prior to payment to the City. Such fee is subject to subsequent reductions to account for uncollectibles and customer refunds incurred by the Company. The Company agrees to make available for inspection by the City at reasonable times .all records necessary to audit the Company's determination of the franchise fee payments. 9.5. Continuation of Franchise Fee. If this franchise expires and the City and the Company are unable to agree upon terms of a new franchise, the franchise fee, if any being imposed by the City at the time this franchise expires, will remain in effect until a new franchise is agreed upon. SECTION 10. PROVISIONS OF ORDINANCE. 10.1. Severability. Every section, provision, or part of this Ordinance is declared separate from every other section, provision, or part; and if any section, provision, or part shall be held invalid, it shall not affect any other section, provision, or part. Where a provision of any other City ordinance conflicts with the provisions of this Ordinance, the provisions of this Ordinance shall prevail. 10.2. Limitation on Applicability. This Ordinance constitutes a franchise agreement between the City and Company as the only parties and no provision of this franchise shall in any way inure to the benefit of any third person (including the public at large) so as to constitute any such person as a third party beneficiary of the agreement or of any one or more of the terms hereof, or otherwise give rise to any cause of action in any person not a party hereto. SECTION 11. AMENDMENT - PROCEDURE. Either party to this franchise agreement may at any time propose that the agreement be amended. This Ordinance may be amended at any time by the City passing a subsequent ordinance declaring the provisions of the amendment, which amendatory ordinance shall become effective upon the filing of Company's written consent thereto with the City Clerk by City council adoption of the amendatory ordinance. SECTION 12. PREVIOUS FRANCHISES SUPERSEDED. This franchise supersedes any previous Gas franchise granted to Company or its predecessor. 333271v1 JMS LN140 -105 7 Passed and approved: Attest: City Clerk, Lino Lakes, Minnesota Date Published: 333271v1 JMS LNI40 -105 Mayor of the City of Lino Lakes, Minnesota 8 ELECTRIC FRANCHISE ORDINANCE ORDINANCE NO. CITY OF LINO LAKES, ANOKA COUNTY, MINNESOTA AN ORDINANCE GRANTING TO NORTHERN STATES POWER COMPANY, A MINNESOTA CORPORATION, D /B /A XCEL ENERGY, ITS SUCCESSORS AND ASSIGNS, PERMISSION TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN IN THE CITY OF LINO LAKES, MINNESOTA, AN ELECTRIC DISTRIBUTION SYSTEM AND TRANSMISSION LINES, INCLUDING NECESSARY POLES, LINES, FIXTURES AND APPURTENANCES, FOR THE FURNISHING OF ELECTRIC ENERGY TO THE CITY, ITS INHABITANTS, AND OTHERS, AND TO USE THE PUBLIC GROUNDS AND PUBLIC WAYS OF THE CITY FOR SUCH PURPOSES. THE CITY COUNCIL OF THE CITY OF LINO LAKES, ANOKA COUNTY, MINNESOTA, ORDAINS: SECTION 1. DEFINITIONS. For purposes of this Ordinance, the following capitalized terms listed in alphabetical order shall have the following meanings: 1.1 City. The City of Lino Lakes, County of Anoka, State of Minnesota. 1.2 City Utility System. Facilities used for providing public utility service owned or operated by City or agency thereof, including sewer, storm sewer, water service, street lighting and traffic signals, but excluding facilities for providing heating, lighting, or other forms of energy. 1.3 Commission. The Minnesota Public Utilities Commission, or any successor agency or agencies, including an agency of the federal government, which preempts all, or part of the authority to regulate electric retail rates now vested in the Minnesota Public Utilities Commission. 1.4 Company. Northern States Power Company, a Minnesota corporation, d/b /a Xcel Energy, its successors and assigns including all successors or assignees that own or operate any part or parts of the Electric Facilities subject to this franchise. 1.5 Electric Facilities. Electric transmission and distribution towers, poles, conductors, lines, guys, anchors, conduits, fixtures, and necessary appurtenances owned or operated by Company for the purpose of providing electric energy for public or private use. 1.6 Notice. A writing served by any party or parties on any other party or parties. Notice to 333279v2 JMS LN140 -105 Company shall be mailed to General Counsel, Legal Services, Suite 3000, 800 Nicollet Mall, Minneapolis, MN 55402. Notice to the City shall be mailed to the City Administrator, 600 Town Center Parkway, Lino Lakes, MN 55014. Any party may change its respective address for the purpose of this Ordinance by written notice to the other party. 1.7 Public Ground. Land owned or otherwise controlled by the City for park, open space or similar public purpose, which is held for use in common by the public. subd. 3. 1.8 Public Way. Public right -of -way within the Cit as defined in Minn. Stat. §237.162 SECTION 2. ADOPTION OF FRANCHISE. 2.1 Grant of Franchise. City hereby grants Company, for a period of twenty (20) years from the date this Ordinance is passed and approved by the City, the right to transmit and furnish electric energy for light, heat, and power for public and private use within and through the limits of the City as its boundaries now exist or as they may be extended in the future. For these purposes, Company may construct, operate, repair and maintain Electric Facilities in, on, over, under and across the Public Ways and Public Grounds, subject to the provisions of this Ordinance. Company may do all reasonable things necessary or customary to accomplish these purposes, subject, however, to such reasonable regulations as may be imposed by the City pursuant to ordinance or permit requirements and to the further provisions of this franchise agreement. 2.2 Effective Date; Written Acceptance. This franchise shall be in force and effect from and after the passage of this Ordinance and publication as required by law. And acceptance by Company. If Company does not file a written acceptance with the City within 60 days after the date the City Council adopts this Ordinance, the City Council by resolution may revoke this franchise or seek its enforcement in a competent jurisdiction. 2.3 Service, Rates, and Area. The service to be provided and the rates to be charged by Company for electric service in City are subject to the jurisdiction of the Commission. The area within the City in which Company may provide electric service is subject to the provisions of Minnesota Statutes, Section 216B.37 -40. 2.4 Ordinance. Publication Expense. The Company shall pay the expense of publication of this 2.5 Dispute Resolution. If either party asserts that the other party is in default in the performance of any obligation hereunder, the complaining party shall notify the other party of the default and the desired remedy. The notification shall be written. Representatives of the parties must promptly meet and attempt in good faith to negotiate a resolution of the dispute. If the 333279v2 JMS LN140 -105 2 dispute is not resolved within thirty (30) days of the date of written Notice, the parties may jointly select a mediator to facilitate further discussion. The parties will equally share the fees and expenses of this mediator. If a mediator is not used, or if the parties are unable to resolve the dispute within 30 days after first meeting with the selected mediator, either party may commence an action in District Court to interpret and enforce this franchise or for such other relief as may be permitted by law or equity. 2.6. Continuation of Franchise. If the City and the Company are unable to agree on the terms of a new franchise by the time this franchise expires, this franchise will remain in effect until a new franchise is agreed upon, or until 90 days after the City or the Company serves written Notice to the other party of its intention to allow the franchise to expire. However, in no event shall this franchise continue for more than one year after expiration of the 20 -year term set forth in Section 2.1. SECTION 3. LOCATION, OTHER REGULATIONS. 3.1 Location of Facilities. Electric Facilities shall be located, constructed and maintained so as not to interfere with the safety and convenience of ordinary travel along and over Public Ways and so as not to disrupt or interfere with the normal operation of any City Utility System. Electric Facilities may be located on Public Grounds as determined by the City. Company's construction, reconstruction, operation, repair, maintenance, location and relocation of Electric Facilities shall be subject to permits if required by separate ordinance and to other reasonable regulations of the City consistent with authority granted the City to manage its Public Ways and Public Grounds under state law, to the extent not inconsistent with a specific term of this franchise agreement, Company may abandon underground Electric Facilities in place, provided at the City's request, Company will remove abandoned metal or concrete encased conduit interfering with a City improvement project, at its own expense to the extent such abandoned Facilities are uncovered as part of the City's improvement project. 3.2 Field Locations. Company shall provide field locations for its underground Electric Facilities within City consistent with the requirements of Minnesota Statutes, Chapter 216D. 3.3 Street Openings. Company shall not open or disturb the surface of any Public Way or Public Ground for any purpose without first having obtained a permit from the City, if required by a separate ordinance, for which the City may impose a reasonable fee. Permit conditions imposed on Company shall not be more burdensome than those imposed on other utilities for similar facilities or work. Company may, however, open and disturb the surface of any Public Way or Public Ground without a permit if (i) an emergency exists requiring the immediate repair of Electric Facilities and (ii) Company gives telephone, email, or similar notice to the City before, if reasonably possible, commencement of the emergency repair. Within two business days after commencing the repair, Company shall apply for any required permits and pay any required fees. 333279v2 JMS LN140 -105 3 3.4 Restoration. After undertaking any work requiring the opening of any Public Way, the Company shall restore the Public Way in accordance with Minnesota Rules, aprt 7819.1100 and applicable City ordinances consistent with law. Company shall restore Public Ground to as good a condition as formerly existed, and shall maintain the surface in good a condition for six (6) months thereafter. All work shall be completed as promptly as weather permits, and if Company shall not promptly perform and complete the work, remove all dirt, rubbish, equipment and material, and put the Public Ground in the said condition, the City shall have, after demand to Company to cure and the passage of a reasonable period of time following the demand, but not to exceed five days, the right to make the restoration of the Public Ground at the expense of Company. Company shall pay to the City the cost of such work done for or performed by the City. This remedy shall be in addition to any other remedy available to the City for noncompliance with this Section 3.4. 3.5 Performance Security. The City hereby waives any requirement, in the normal course of Company operations, for Company to post a construction performance bond, certificate of insurance, letter of credit or any other form of security or assurance that may be required under a separate existing or future ordinance of the City, of a person or entity obtaining the City's permission to install, replace or maintain facilities in a Public Way or the Public Ground. Notwithstanding the foregoing, the City reserves the right to require a performance bond for new installation, replacement, or repairs, when the Company's completion of its work is required in order for the City to proceed on a timely basis with a public improvement project. 3.6. Shared Use of Poles. Company shall make space available on its poles or towers for City fire, water utility, police or other City facilities whenever such use will not interfere with the use of such poles or towers by Company, by another electric utility, by a telephone utility, or by any cable television company or other form of communication company. In addition, the City shall pay for any added cost incurred by Company because of such use by City. 3.7. Avoid Damage to Electric Facilities. Nothing in this Ordinance relieves any person from liability arising out of the failure to exercise reasonable care to avoid damaging Electric Facilities while performing any activity. The Company must take reasonable measures to prevent the Electric Facilities from causing damage to persons or property. The Company must take reasonable measures to protect the Electric Facilities from damage that could be inflicted on the Facilities by persons, property, or the elements. The Company must take protective measures when the City performs work near the Electric Facilities, if given reasonable notice by the City of such work prior to its commencement. 3.8. Notice of. Improvements to Streets. The City must give Company reasonable written Notice of plans for improvements to Public Ways where the City has reason to believe that Electric Facilities may affect or be affected by the improvement. The notice must contain: (i) the nature and character of the improvements, (ii) the Public Ways upon which the improvements are to be made, (iii) the extent of the improvements, (iv) the time when the City will start the work, 333279v2 JMS LN140 -105 4 and (v) if more than one Public Way is involved, the information provided by the contractors regarding the order in which the work is intended to proceed. The notice must be given to Company a sufficient length of time, considering seasonal working conditions, in advance of the actual commencement of the work to permit Company to make any additions, alterations or repairs to its Electric Facilities that the Company deems necessary. 3.9. Mapping Information. The Company must promptly provide mapping information for any of it Electric Facilities in accordance with Minnesota Rules parts 7819.4000 and 7819.4100. SECTION 4. FACILITIES RELOCATION. 4.1. Relocation in Public Ways. The Company shall comply with Minnesota Rules, part 7819.3100 and applicable City police powers and ordinances consistent with law. 4.2. Relocation in Public Grounds. City may require Company at Company's expense to relocate or remove its Electric Facilities from Public Ground upon a finding by City that the Electric Facilities have become or will become a substantial impairment to the existing or proposed public use of the Public Ground. Such relocation shall comply with city police powers and applicable ordinances consistent with law. 4.3. Projects with Federal Funding. Relocation, removal, or rearrangement of any Electric Facilities made necessary because of the extension into or through City of a federally - aided highway project shall be governed by the provisions of Minnesota Statutes Section 161.46. The City is obligated to pay Company only for those portions of its relocation costs for which City has received federal funding specifically allocated for relocation costs in the amount requested by the Company. 4.4 No Waiver. The provisions of this franchise apply only to facilities constructed in reliance on a franchise from the City and shall not be construed to waive or modify any rights obtained by Company for installations within a Company right -of -way acquired by easement or prescriptive right before the applicable Public Ground or Public Way was established, or Company's rights under state or county permit. SECTION 5. TREE TRIMMING. Unless otherwise provided in any permit or other reasonable regulation required by the City under separate ordinance, Company may trim all trees and shrubs in the Public Ways and Public Grounds of City to the extent Company finds necessary to avoid interference with the proper construction, operation, repair and maintenance of any Electric Facilities installed hereunder, provided that Company shall hold the City harmless from any liability arising therefrom. 333279v2 JMS LNI40 -105 5 SECTION 6. INDEMNIFICATION. 6.1. Indemnity of City. Company shall indemnify and hold the City harmless from any and all liability, on account of injury to persons or damage to property occasioned by the construction, maintenance, repair, inspection, the issuance of permits, or the operation of the Electric Facilities located in the Public Ways and Public Grounds. The City shall not be indemnified for losses or claims occasioned through its own negligence except for losses or claims arising out of or alleging the City's negligence as to the issuance of permits for, or inspection of, Company's plans or work. 6.2. Defense of City. In the event a suit is brought against the City under circumstances where this agreement to indemnify applies, Company at its sole cost and expense shall defend the City in such suit if written notice thereof is promptly given to Company within a period wherein Company is not prejudiced by lack of such notice. If Company is required to indemnify and defend, it will thereafter have control of such litigation, but Company may not settle such litigation without the consent of the City, which consent shall not be unreasonably withheld. This section is not, as to third parties, a waiver of any defense or immunity otherwise available to the City; and Company, in defending any action on behalf of the City shall be entitled to assert in any action every defense or immunity that the City could assert in its own behalf. This franchise agreement shall not be interpreted to constitute a waiver by the City of any of its defenses of immunity or limitations on liability under Minnesota Statutes, Chapter 466. SECTION 7. VACATION OF PUBLIC WAYS. The City shall give Company at least two weeks prior written notice of a proposed vacation of a Public Way. The City and the Company shall comply with Minnesota Rules, 7819.3100 subpart 2 and 7819.3200 and applicable ordinances consistent with law. SECTION 8. ABANDONED FACILITIES. The Company shall comply with City ordinances, Minnesota Statutes, Section 216D.01 et seq. and Minnesota Rules Part 7819.3300, as they. may be amended from time to time. The Company shall maintain records describing the exact location of all abandoned and retired Facilities within the City, produce such records at the City's, request and comply with the location requirements of Section 216D.04 with respect to all Facilities, including abandoned and retired Facilities. 333279v2 JMS LN140 -105 6 SECTION 9. CHANGE IN FORM OF GOVERNMENT. Any change in the form of government of the City shall not affect the validity of this. Ordinance. Any governmental unit succeeding the City shall, without the consent of Company, succeed to all of the rights and obligations of the City provided in this Ordinance. SECTION 10. FRANCHISE FEE. 10.1. Form. During the term of the franchise hereby granted, and in addition to permit fees being imposed or that the City has a right to. impose, the City may charge the Company a franchise fee. The fee may be (i) a percentage of gross revenues received by the Company for its operations within the City, or (ii) a flat fee per customer based on metered service to retail customers within the City or on some other similar basis, or (iii) a fee based on units of energy delivered to any class of retail customers within the corporate limits of the City. The formula for a franchise fee based on units of energy delivered may incorporate both commodity and demand units. The method of imposing the franchise fee, the percentage of revenue rate, or the flat rate based on metered service may differ for each customer class or combine the methods described in (i) - (iii) above in assessing the fee. The City shall seek to use a formula that provides a stable and predictable amount of fees, without placing the Company at a competitive disadvantage. If the Company claims that the City- required fee formula is discriminatory or otherwise places the Company at a competitive disadvantage, the Company shall provide a formula that will produce a substantially similar fee amount to the City and reimburse the City's reasonable fees and costs in reviewing the formula. The City will attempt to accommodate the Company but is under no franchise obligation to adopt the Company - proposed franchise fee formula and such review will not delay the implementation of the City- imposed fee. 10.2. Separate Ordinance. The franchise fee shall be imposed by separate ordinance duly adopted by the City Council, which ordinance shall not be adopted until at least thirty (30) days after written notice enclosing such proposed ordinance has been served upon the Company. The fee shall become effective ten (10) days after written notice enclosing such adopted ordinance has been served upon the Company by certified mail. 10.3. Condition of Fcc. The separate ordinance imposing the fee shall not be effective against the Company unless it lawfully imposes a fee of the same or substantially similar amount on the sale of electric energy within the City by any other electric energy supplier, provided that, by the Company, the City will not impose a franchise fee that exceed five (5) percent of the gross 333279v2 JMS LNI40 -105 7 electricity from sources other than the Company, the Company's gross revenues from operations in the City are reduced during the term of this franchise. 10.3. Collection of Fee. The franchise fee shall be payable not less than quarterly during complete billing months of the period for which payment is to be made. The franchise fee formula may be changed from time to time; however, the change shall meet the same notice requirements and the fee may not be changed more often than annually. Such fee shall not exceed any amount that the Company may legally charge to its customers prior to payment to the. City. Such fee is subject to subsequent reductions to account for uncollectibles and customer refunds incurred by the Company. The Company agrees to make available for inspection by the City at reasonable times all records necessary to audit the Company's determination of the franchise fee payments. 10.4. Continuation of Franchise Fee. If this franchise expires and the City and the Company are unable to agree upon terms of a new franchise, the franchise fee, if any being imposed by the City at the time this franchise expires, will remain in effect until a new franchise is agreed upon. SECTION 11. PROVISIONS OF ORDINANCE. 11.1. Severability. Every section, provision, or part of this Ordinance is declared separate from every other section, provision, or part; and if any section, provision, or part shall be held invalid, it shall not affect any other section, provision, or part; provided, however, that if the City is unable to enforce its franchise fee provisions for any reason the City will be allowed to amend the franchise agreement to impose a franchise fee pursuant to statute. Where a provision of any other City ordinance conflicts with the provisions of this Ordinance, the provisions of this Ordinance shall prevail. 11.2. Limitation on Applicability. This Ordinance constitutes a franchise agreement between the City and Company as the only parties and no provision of this franchise shall in any way inure to the benefit of any third person (including the public at large) so as to constitute any such person as a third party beneficiary of the agreement or of any one or more of the terms hereof, or otherwise give rise to any cause of action in any person not a party hereto. SECTION 12. AMENDMENT PROCEDURE. Either party to this franchise agreement may at any time propose that the agreement be amended. This Ordinance may be amended at any time by the City passing a subsequent ordinance declaring the provisions of the amendment, which amendatory ordinance shall become effective upon the filing of Company's written consent thereto with the City Clerk after City council adoption of the amendatory ordinance. 333279v2 JMS LN140 -105 8 SECTION 13. PREVIOUS FRANCHISES SUPERSEDED. This franchise supersedes any previous electric franchise granted to Company or its predecessor. Passed and approved: Attest: City Clerk, Lino Lakes, Minnesota Clerk Date Published: 333279v2 JMS LNI40 -105 Mayor of the City of Lino Lakes, Minnesota 9 WS — # 8 WORK SESSION STAFF REPORT Work Session Item 8 Date: Council Work Session, July 7, 2008 To: City Council From: Gordon Heitke Re: 2008 Council Goals Quarterly Update Background It is the practice of Council and staff to review activity and progress related to the annual priority goals following each quarter. This report reflects the status of each objective through the first half of 2008. Requested Council Direction Staff is seeking any direction from Council, as needed. Attachment(s) 1. Council Goals Second Quarter Update, July, 2008 1 City of Lino Lakes Goals, Objectives, Management Action Plan: 2008 -2009 1 Goal: Complete Town Center a. Specific Performance Objectives to be completed during 2008 (1) Objective: Complete a Comprehensive Risk Assessment and Definition of Potential Options available to the City for dealing with emerging issues and conditions affecting the project (Second Quarter 2008) a. Key Action Steps: i. Review development and revenue schedules reflective of current market assumptions ii. Identify interim financing needs /options and sources, and risk capacity tolerance iii. Council consensus on follow -up actions b. Lead Parties: Community Development Staff Finance Department Staff Key Contributors: Springsted Inc. Kennedy & Graven c. Funding Source: General Fund — CD Budget STATUS: Staff with assistance from Springsted and Kennedy & Graven has completed a risk assessment which was presented to the council on May 5, Marshall Bank (title holder of property) has retained JBL Co. to market the property.. Staff has met with JBL properties and is providing them with background and marketing information, (2) Objective: Determine council's options and provide specific guidelines to city staff on the direction council wishes to pursue in terms of following events, managing the City's investment in Town Center, and handling potential requests for changes to the City's vision and approved plans for this project (Second Quarter 2008) a. Key Action Steps: i. Determine whether to make any changes to existing plans and development strategies for the Town Center 1 ii. Staff will keep Council informed of all potential development opportunities and work with development interests consistent with the Council's vision and direction for the Town Center iii. Staff will monitor and report on regional mixed -use market trends affecting the Town Center development b. Lead Parties: Key Contributors: Community Development Staff Finance Department Staff Springsted Inc. Kennedy & Graven Development sector (bankers, brokers, developers) c. Funding Source: General Fund — CD Budget STATUS: Dependent on development proposals and risk assessment. JBL is aware of design guidelines and City's intent to proceed as planned. Staff has also met with Springsted to discuss and develop strategies to carry debt service in Tight of delinquent taxes. Note: Staff is requesting clear guidance from the city council on the direction it wishes to take and how it wants the staff to deal with events and actions affecting the future of the Town Center project. b. Specific Performance Objectives for Calendar Year 2009 (1) Objective: Continue to monitor and respond to events and requests pertaining to the Town Center project consistent with the direction and guidelines established by council (Ongoing) a. Key Action Steps: i. Staff will keep Council informed of all potential development opportunities ii. Staff will monitor and report on regional mixed -use market trends affecting the Town Center development b. Lead Parties: Key Contributors: Community Development Staff Springsted Inc. Development Sector (bankers, brokers, developers) c. Funding Source: General Fund - CD Budget 2 2. Goal: Plan for and implement needed local and regional transportation improvements a. Specific Performance Objectives to be completed during 2008 (1) Objective: Identify funding and financial package for 35E /Main Street interchange reconstruction (Third Quarter 2008) a. Key Action Steps: i. Identify public and private funding sources, prepare funding and financing plan b. Lead Parties: Community Development Staff Finance Department Staff Key Contributors: Anoka County Springsted Inc. Kennedy & Graven I -35W /E Coalition c. Funding Source: General Fund - CD budget STATUS: Final Design consultant retained by county (SRF Consulting Group). Staff will be working with Springsted and Kennedy and Graven to determine funding options concurrently with final design. (2) Objective: Continue to collaborate with Anoka County and I -35W /E Coalition to plan for northerly by -pass (Ongoing) a. Key Action Steps: i. Assist in planning and support funding requests b. Lead Parties: Community Development staff Anoka County Key Contributors: I -35W /E Coalition c. Funding Source: General Fund - CD (Staff Time) STATUS: Northerly By -pass included in both Anoka County and Lino Lakes Comprehensive Plans. Anoka County proposing to pursue federal funding for Environmental Assessment and Right -of -Way acquisition. 3 (3) Objective: Initiate Birch Street Access Management Plan (Second Quarter 2008) a. Key Action Steps: i. Assist County in retaining consultant services to prepare access management plan ii. Begin planning process b. Lead Parties: Community Development staff Key Contributors: Anoka County, Planning & Zoning Board c. Funding Source: Anoka County, General Fund — CD Budget STATUS: Anoka County preparing Request for Proposals (RFP). City staff is currently reviewing draft. Consultant likely to be in place by August 2008. b. Specific Performance Objectives for Calendar Year 2009 (1) Objective: Continue to identify and pursue funding /financial package for 35E /Main Street Interchange reconstruction (Fourth Quarter 2009) a. Key Action Steps: i. Finalize funding and financing plan ii. Council to approve and implement project financing b. Lead Parties: Community Development Staff Finance Department Staff Key Contributors: Anoka County Springsted Inc. Kennedy & Graven I -35W /E Coalition c. Funding Source: General Fund — CD Budget (2) Objective: Continue to collaborate with Anoka County and I -35W /E Coalition to plan for northerly by -pass (Ongoing) a. Key Action Steps: i. Assist in preparing and support funding requests 4 b. Lead Parties: Key Contributors: c. Funding Source: Community Development Staff Anoka County I -35W /E Coalition General Fund — CD Budget (Staff Time) (3) Objective: Complete Birch Street Access Management Plan (Third Quarter 2009) a. Key Action Steps: i. Complete access management plan ii. Approval by City Council and Anoka County b. Lead Parties: Community Development staff Key Contributors: Anoka County, Planning & Zoning Board c. Funding Source: Anoka County, General Fund — CD Budget (4) Objective: Implement Pavement Management Program by initiating street reconstruction project (Ongoing) (5) a. Key Action Steps: i. Identify priority street reconstruction project ii. Prepare feasibility study iii. Carry out public review and project approval process as set forth by the charter b. Lead Parties: Key Contributors: c. Funding Source: Community Development Department TKDA General Fund — CD Budget / Engineering Objective: Develop plan and identify funding for Lake Drive /Main Street intersection (Ongoing) a. Key Action Steps: i. Coordinate planning activities with Anoka County ii. Identify potential funding sources, develop a financing plan b. Lead Parties: Community Development, Finance Staff 5 Key Contributors: Anoka County Springsted Inc. Kennedy & Graven c. Funding Source: General Fund — CD Budget 3. Goal: Review and update the City Charter so that it reflects and facilitates current and future needs of the city a. Specific Performance Objectives to be completed during 2008 (1) Objective: Pursue the Citizen's Task Force recommendation to amend the City Charter and put the issue on the ballot for the November 2008 election (Ongoing, Complete Fourth Quarter 2008) a. Key Action Steps: i. Prepare and approve first reading of ordinance to amend the charter ii. Submit to Charter Commission for review iii. Receive and consider review comments of Charter Commission iv. Adopt ordinance to amend the charter, approve question for placement on November ballot b. Lead Parties: Administration Department Key Contributors: City Attorney c. Funding Source: General Fund — Administration STATUS: The first step, a technical review of the substitute amendment by bond counsel, financial advisor and staff was initiated January 3, 2008 for a report to be presented to Council on February 4, 2008. On March 3, Council directed staff to modify the Task Force recommended /council ordinance amendment to eliminate exempt zones and bring back for first reading of ordinance March 24, 2008, which was approved by Council. The ordinance was delivered to the Charter Commission on March 25, 2008. The Charter Commission served the City Clerk with a resolution, extending the their review period to August 21, 2008. (2) Objective: Initiate a city- sponsored public information effort pertaining to the charter amendment ballot issue (Second Quarter 2008) a. Key Action Steps: i. Develop a public information plan, including media resources, schedule, and budget ii. Council approval and implementation of public information program 6 b. Lead Parties: Administration Department Key Contributors: Citizens' Task Force c. Funding Source: General Fund — Contingency STATUS: Staff is seeking direction from the Council at the July 7 work session on the design of the public information program. 4. Goal: Review and update the city's recreation projects and priorities a, Specific Performance Objectives to be completed during 2008 (1) Objective: Review Park Dedication Ordinance (Second Quarter 2008) a. Key Action Steps: i. Proposed ordinance amendments will be prepared and presented to Council for approval b. Lead Parties: Key Contributors: Public Services Department Community Development Department Attorney c. Funding Source: General Fund — Parks Budget STATUS: On July 7 work session agenda. (2) Objective: City may seek to identify resources in the forthcoming budget that could be set aside to begin a fund for eventual construction of the Recreation Complex (Third quarter 2008) a. Key Action Steps: i. Staff will include topic in 2009 annual budget preparation discussion for Council consideration b. Lead Parties: Public Services Department Finance Department Key Contributors: c. Funding Source: General Fund — Public Services STATUS: Council can consider this at upcoming budget work session. 7 (3) Objective: Complete Pheasant Hills Park Bridge project (Third Quarter 2008) a. Key Action Steps: i. Prepare plans and specifications ii. Advertise and award bid iii. Oversee construction b. Lead Parties: Public Services Department Key Contributors: TKDA c. Funding Source: Dedicated Park Fund STATUS: Completed (4) Objective: Support trail connectivity/ interconnectivity with Anoka County (Ongoing) a. Key Action Steps: L Continue quarterly meetings with Anoka County Parks staff to coordinate trail efforts ii. Provide support for state funding of Rice Creek North Regional Trail b. Lead Parties: Public Services Department Key Contributors: Anoka County c. Funding Source: General Fund — Parks Budget (Staff Time) STATUS: Ongoing b. Specific Performance Objectives for Calendar Year 2009 (1) Objective: Continue to review the potential development of a Recreation Complex, particularly as financial conditions improve (Ongoing) a. Key Action Steps: i. Discuss objective with Park Board when financial conditions improve, assess public support and financial feasibility ii. Provide recommendation to Council 8 b. Lead Parties: Public Services Department Key Contributors: Park Board c. Funding Source: General Fund - Parks Budget 5. Goal: Diversify, expand, and enhance the city's tax base a. Specific Performance Objectives to be completed during 2008 (1) Objective: Based upon the outcomes presented in the approved updated Comprehensive Plan, develop specific city council guidance for economic development in support of the Comprehensive Plan; i.e., what does the city council want to achieve with regards to economic development, how does it propose that the city proceed and who should be involved? (This guidance should define the parameters in which staff is to operate in response to economic development opportunities /inquiries brought forth by developers and businesses) (Fourth Quarter 2008) a. Key Action Steps: i. Prepare, approve, and carry out an economic development strategy as an implementation action of the Comprehensive Plan. b. Lead Parties: Community Development Staff Key Contributors: Key guidance provided by City Council at a work session(s) to be scheduled, with possible assistance of: Comprehensive Plan Advisory Panel Planning and Zoning Board Economic Development Advisory Board Economic Development Consultants Development Sector c. Funding Source: General Fund - CD Budget / Economic Development Budget STATUS: Pending Completion of Comprehensive Plan (2) Objective: Based upon the outcome of Objective 1, determine the role city council wishes for the Economic Development Advisory Commission (EDAC) (Fourth Quarter 2008) 9 a. Key Action Steps: i. Meet jointly with EDAC to clearly define council's economic development objectives and EDAC's role in meeting those objectives ii. Establish a communication procedure so EDAC can better understand the correlation between EDAC recommendations and council's economic development decisions b. Lead Parties: Key Contributors: c. Funding Source: Community Development Staff Key guidance provided by City Council at a work session(s) to be scheduled, EDAC. General Fund — CD and Economic Development (Staff Time) STATUS: Meeting date needs to be determined by council. b. Specific Performance Objectives for Calendar Year 2009 (1) Objective: Continue with developing city council guidance on the Economic Development Plan that will be established in support of the adopted Comprehensive Plan (Ongoing) a. Key Action Steps: i, Complete any work remaining from 2008, prepare any needed refinements or updates to economic development strategy ii. Re- evaluate EDAC 5 -year plan to determine if it remains relevant to current Comp Plan and Council's economic development goals iii. Provide input into EDAC development of its 1 -year action plan iv. Adopt EDAC's economic development plans b. Lead Parties: Community Development Staff Key Contributors: Key guidance provided by City Council, with possible assistance of Economic Development Advisory Board, Economic Development Consultants, Developers c. Funding Source: General fund — CD Budget, Contingency l0 6. Goal: Establish an appropriate revenue generation and allocation policy for the city a. Specific Performance Objectives to be completed during 2008 (1) Objective: Start preparation and data generation pertaining to establishing a storm water utility (SWU) (Fourth Quarter 2008) a. Key Action Steps: i. Review /revise original SWU study ii. Present draft SWU proposal to City Council b. Lead party: Finance Department Staff Key Contributors: SEH Springsted, Inc. Public Services c. Funding Sources: Surface Water Management Fund (2) Objective: Review financing policies pertaining to infrastructure improvements, especially when deferrals of assessments occur (Third and Fourth Quarter 2008) a. Key Action Steps: i. Review current policy with City Council ii. If determined that change is needed, formulate /adopt new infrastructure financing (special assessment/deferral) policy iii. Acquire /review sample policies from other cities iv. Formulate draft policy, review draft policy with City Council v. Hold public hearing /approve policy b. Lead party: Key Contributors: Finance Department Staff City Council Community Development Springsted Inc. Public Services c. Funding Sources: General Fund /Area & Unit Fund STATUS: Work on this objective is scheduled to begin in September. 11 (3) Objective: Complete the utility rate study and present recommendations to city council for review and approval (Second and Third Quarter 2008) a. Key Action Steps: i. Review utility rate study results and proposals with City Council ii. Prepare public information materials iii. Hold public hearing on proposed rate structures iv. Implement new utility rate structures in 2009 b. Lead party: Key Contributors: Finance Department Staff City Council Springsted, Inc. Public Services c. Funding Sources: Water /Sewer Funds STATUS : Council has accepted the utility rate study prepared by Springsted. Public information materials will be prepared and distributed and a public hearing is expected for the 2 "d meeting in September. (4) Objective: Establish council policy on franchise fees for utility providers (Second Quarter 2008) a. Key Action Steps: i. Review existing utility franchise agreements, identify actions needed to institute franchise fees ii. Council decision on instituting franchise fees iii. If franchise fees are to be extended to additional utilities, agreement amendments and ordinances will be prepared and approved b. Lead Parties: Administration Department Key Contributors: Finance Department c. Funding Source: General Fund — Administration; Finance (Staff Time) STATUS : The Council has reviewed information regarding alternative fee designs, reviewed proposed franchise agreements in June and July work sessions which allow for franchise fees to be established 12 b. Specific Performance Objectives for Calendar Year 2009 1) Objective: Proceed with preparing specific recommendations to city council for action pertaining to establishing a storm water utility (Ongoing, completion by Fourth Quarter 2009) a. Key Action Steps: i. Create public information program, materials /mailings ii. Hold public information meetings, receive public input iii. Hold public hearing, approve SWU iv. Implement utility beginning in 2010 b. Lead party: Key Contributors: Finance /Community Development Staff SEH, Inc. Public Services Department Environmental Board c. Funding Sources: Stormwater Management Fund / Development Related Fees (2) Objective: Continue to determine and implement city's policies on extending services into developments (Ongoing 2009) a. Key Action Steps: i. Develop policies to guide when water and sewer services will be extended into areas of existing development, based on water and sewer plans and policies included in the updated comprehensive plan, and street reconstruction plans ii. Determine appropriate policies relating to the financing of services extended to existing development b. Lead party: Community Development and Finance Staff Key Contributors: c. Funding Sources: General Fund — CD, Finance (Staff Time) 7 Goal: Maintain safe neighborhoods and community areas a. Specific Performance Objectives to be completed during 2008 (1) Objective: Adopt 800 Megahertz Public Safety Radio System ordinance (Fourth Quarter 2008) 13 a. Key Action Steps: i. Finalize proposed Ordinance ii. Approval of proposed ordinance by Joint Law Enforcement Council for adoption by local governments iii. Adoption by City Council b. Lead Parties: Key Contributors: Police Department Staff Community Development Staff Joint Law Enforcement Council City /County Attorney County Board c. Funding Source: General Fund - Police Department Budget STATUS: In progress (2) Objective: Adopt security plan for City Hall functions for the protection of city officials and public (Third Quarter 2008) a. Key Action Steps: i. Perform needs analysis ii. Draft security plan iii. Council approval and implementation of security measures b. Lead Parties: Police Department Key Contributors: City Staff City Council c. Funding Source: General Fund - Police Dept. budget STATUS: Research underway /training completed on active shooter response. (3) Objective: Conduct functional exercise involving an active threat in the Middle School as part of ongoing exercises of the City's Emergency Management Plan (Ongoing 2008) a. Key Action Steps: i. Update Emergency Management Plan ii. Conduct Drills, table top exercise, and functional exercise b. Lead Parties: Police Department Staff 14 Key Contributors: Centennial School District Staff Centennial Fire District City Staff c. Funding Source: State of Minnesota Homeland Security Emergency Management Grant General Fund — Police Dept. budget STATUS: Exercise completed at Middle School with administrators teachers and staff. Planning for 2008 -2009 school year exercises initiated will complete when new Fire Chief is on board. 8. Goal: Address projected housing needs for the City of Lino Lakes a. Specific Performance Objectives to be completed during 2009 (1) Objective: Identify housing issues and assess the need for city to take actions to address housing needs within Lino Lakes (Ongoing 2009) a. Key Action Steps: i. Review the housing component of the adopted comprehensive plan for the purpose of identifying needed additional actions to be taken to address housing needs within Lino Lakes. b. Lead Parties: Community Development Department Key Contributors: c. Funding Source: General Fund — CD Budget (Staff Time) STATUS: Housing Plan being completed as part of the Comprehensive Plan Update. 9 . Goal: Complete the updating of the city code a. Specific Performance Objectives to be completed during 2008 (1) Objective: Complete re- codification and update of the City Code (Ongoing, completion Fourth Quarter 2008) a. Key Action Steps: i. Complete review of existing code ii. Prepare updated code iii. Present proposed code to Council 15 iv. American Legal prepares final draft code v. Conduct hearing and adopt new code b. Lead Parties: Administration Staff Key Contributors: All city departments City Attorney League of Minnesota Cities c. Funding Source: General Fund - Administration STATUS: Ongoing; all directors have received code materials for review; final administrative review anticipated in fourth quarter of 2008 b. Specific Performance Objectives for Calendar Year 2009 (2) Objective: Provide for public and staff access to current code on city web site (First Quarter 2009) a. Key Action Steps: 1 Develop system to provide for constant updating of code ii. Maintain current city code on American Legal's server iii. Provide Zink on city web site to City Code b. Lead Parties: Administration Staff Key Contributors: All city departments American Legal c. Funding Source: General Fund - Administration 10. Goal: Complete the Comprehensive Plan Update a. Specific Performance Objectives to be completed during 2008 (1) Objective: Achieve completion and approval of the updated Comprehensive Plan (Ongoing, approval Fourth Quarter) a. Key Action Steps: i. Completion of Comprehensive Plan by Advisory Panel and Planning and Zoning Board ii. Public informational meetings and public hearing conducted by Planning and Zoning Board 16 iii. City Council approval for distribution to other jurisdictions iv. City Council approval for submission to Metropolitan Council b. Lead Parties: Community Development Staff Key Contributors: Comprehensive Plan Advisory Panel Planning and Zoning Board c. Funding Source: General Fund — Planning Budget STATUS: Plan update provided to council on 6/2/08. Staff and consultant team preparing the draft plan. Plan anticipated to be reviewed by advisory panel/ boards in August/September and City Council in October /November. b. Specific Performance Objectives to be completed in 2009 (2) Objective: Complete development/revision of official controls and policies necessary to implement the approved Comprehensive Plan (Ongoing 2009) a. Key Action Steps: i. Retain Consultant Services ii. Prepare Updated Code b. Lead Parties: Community Development Staff Key Contributors: Planning and Zoning Board Consultant Services c. Funding Source: General Fund — Planning Budget 17 WS Item #9 Lino Lakes Public Services Department 600 Town Center Parkway Lino Lakes, MN 55014 (651) 982 -2440 Fax (651) 982 -2439 www.ci.lino - lakes.mn.us July 7, 2008 TO: Mayor Bergeson and City Council Members FROM: Rick DeGardner, Public Services Director SUBJECT:Propose Changing Park Dedication Fees RECOMMENDATION Staff is recommending the current park dedication fee schedule be amended as follows: ❖ Residential - Increased from $2,075 to $2,500 per unit ❖ Commercial /Industrial - Remain at $2,175 per acre BACKGROUND As part of the City Council's 2008 Goals, staff was directed to review the current Park Dedication Ordinance and prepare /present any proposed changes to the City Council for approval. Based on the current Parks, Natural Open Space \Greenways and Trail System Plan, the total value of the parks and trails system (existing and future) amounts to $41,942,900. Assuming a total of 17,068 households at full build -out, the per unit "park dedication" equates to $2,457 per unit. The following assumptions were made: • Land values are calculated at $55,000 per acre • The Parks, Natural Open Space /Greenways and Trail System Plan envisions eleven future parks (land and development), an additional 28 miles of destination trails (including boardwalk), and 15 miles of new linking trails • Future estimated construction costs for destination trails (including several boardwalk sections) are $343,200 per mile, linking trails are $211,200 per mile • It is assumed that all open space and greenway corridors will be addressed within each development and is not part of this analysis • Funding for development of the recreation complex is not included. It is assumed that a large -scale recreation complex would be subject to a referendum, not general funds or park dedication funds The attached report illustrates the methodology used leading to the proposed adjustments to the current park dedication fee structure. The Park Board reviewed /discussed the attached analysis at the February Park Board meeting. If the City Council is comfortable with the rate increase, staff will proceed with implementation. 75% Existing Development 25% Future Development 75% Existing Development 25% Future Development W (l a- -U O N m � m -°a 3 (o a Development Z Iv 3 N O] O W A 01 U1 9) ' O D H 0 p (D 97 N 3.5 acres land Playground Turf/Looped Trail Sub Total 18.4 acres land Playground 5 co I O co —i 01 O O N N C p1 U1 N N O N = . a; 6 m — E O' `< O 5 z1 0 (0 N , fN CO. 0 r.n I_ 5 v n c O r O 7 = 7 a. (n a) CO CD 7 a- C (p Q m H O co 0 O Playground 1.0 acre land Playground Basketball Tennis Courts (2) Sub Total Existing Park Amenities EA 01 N O -co O O 000'09$ 000'0£$ 000'01717$ EA ' A O N 0 0 O Efl A O O 0 0 O EA N O 0 0 O EA EA O W. O N) 0 0 0 0 O O EA --I co CO U1 0 0 EA EA EA A –+ EA EA En EA EA CO U1 co N U1 N A A O O O O O O O CA N -0 0 0 0 0 0 0 U1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 EA 0) A CA 01 O O EA A O 0 O O EA EA 01 N O O 0 0 0 0 O O EA A U1 O 0 O EA A N 01 O 0 O EA () CO 01 U1 0 O EA A (0 U1 O 0 0 000'9L$ 000'OZ$ 000'9£$ 000'99$ VALUE OF EXISTING FACILITIES Master Plan Sub Total Master Plan A' 'II' N tU T CO O CO N C I 77 0 p_ (D 7 U ry (0 N •< 0 Z- C 0 3 6 c T H O fU CD C O- H O N General Improvements Sub Total Future Park Amenities EA N U1 O O O EA N 01 O O O EA N 0 0 O co O 000' 00Z$ $245,000 EA s EA EA 01 N V O O U1 O O O O O O O O O -co O EA 0 O O O O EA 0 0 O O O FUTURE AMENITIES COST ESTIMATES EA U1 U1 O O A -CO N O 00 EA CO W O O EA 0) U1 O O EA () 01 O O Total Park Cost/Value v 0 0 O 0 0 O 0 0 O O 0 % Of Total Park Cost/Value Paid by Existing Development EA A O Co V O A -co N U o o EA (0 V Co U1 O EA 0) _a U1 01 O EA N CO 01 O co $ Of Total Park Cost/Value Paid by Existing Development 25% N CA 0 % Of Total Park Cost/Value Paid by Future Development EA () 0) N U1 O EA () A O 01 O O 11$ Of Total Park Cost/Value Paid by Future Development CITY OF LINO LAKES PARK DEDICATION ANALYS Lamotte Park Development Development Clearwater Creek Park Development Z 3 W - U1 O A O N O CT1 (T A O D-1 C) O A y N — !Playground 1.0 acres land Sub Total Playground 22.0 acres and Fishing Pier /Canoe Launch Trails, Benches, etc Sub Total 5.5 acres land General Development Sub Total Ballfields (2) Existing Park Amenities EA G> 01 N U1 0 O EA Ni U O 0 0 EA A --J (T O 0 O EA A O O O O Efl A A N O 0 O EA 0) O O O 000'SS$ EA 01 0 0 0 0 EA A. v 01 0 0 0 EA Ni O 0 0 0 EA A C71 0 0 0 EA 01 0 0 0 69 N Ni O 0 0 0 EA N v O O 0 0 000,0S$ 000'0 L$ 000'0lZ, $ -CA 61 O N 0 O O 000'00£$ 00S'ZO£$ fA 0) O 0 0 0 EA A 0 0 0 0 EA N O 0 0 0 EA 01 01 0 0 0 EA Ni A 0 0 0 EA Ni 01 0 0 0 Efl W Ni O 0 0 0 VALUE OF EXISTING FACILITIES General Improvements Sub Total General Improvements Sub Total Sub Total (n c Q 0 G) N 0 co N 3 O < O 3 co n N Future Park Amenities EH 01 0 O 0 O EA 01 O b 0 O EA O O O O O $100,000 H) 01 O O 0 EA 01 O 0 0 EA () 0 O O 0 O {A co 0 0 O O 0 Ef31 OI -- Ni 01 O O O O EA Ni 01 0 O O 0 FUTURE AMENITIES COST ESTIMATES EA O O Ni O 0 $155,000 Efl 01 01 O 0 $1,570,000 VD D1 O Ni O O A O 0 O Total Park Cost/Value O O 0 %00 O 0 0 %00 %00l U1 O Of Total Park Cost/Value Paid by Existing Development EA 00 O 0 Ni U1 O 0 $155,000 EA U1 01 O 0 O $1,570,000 EA 0) 0 N 01 O O EA (D O 01 0 O O $ Of Total Park Cost/Value Paid by Existing Development 01 0 0 Of Total Park Cost/Value Paid by Future Development EA CO 0 CD 0 O 0 $ Of Total Park Cost/Value Paid by Future Development Wenzel Farms Park Development Development Shenandoah Park Development Development Development Marshan Park Development Z Su 3 0 N NO (b O CP O W O (T1 V D —I 0 0 ry y N 1.0 acres land Playground, Basketball, etc Sub Total 2.1 acres land Playground, Turf, etc Sub Total Hockey Rink (2) 8.0 acres land Playground Turf, Trails, Benches, etc Sub Total 6.0 acres land Sub Total 3.0 acres land Playground Basketball Turf, Trails, Boardwalk, etc Sub Total 5.7 acres land Playground Turf, Trails, Benches, etc Sub Total Existing Park Amenities 0 01 O O O 000'09$ 000'S9$ $145,500 $115,500 $30,000 EA AEA (41 N O co 0 N O O O 0 EA W O O O 0 -En U1 O O O 0 EA (71 N O O 0 EA En ' O O O O -co -co O O 0 0 000`9L$ 000'0£$ 000`017t$ W co O O O O W co O O O O N co O 00000 co O EA Efl EA �I - C.7 O) CT O O 01 O O O O O O O O 4, CT CO U1 O O 000'gZ L$ 000'0£$ 00S'£L£$ VALUE OF EXISTING FACILITIES Landscaping Sub Total General Improvements Sub Total 0 c a H o 0 co ID CD N 3 3 m < 3 Co a Cn General Improvements Sub Total Master Plan Sub Total Gazebo Sub Total Master Plan Sub Total Future Park Amenities EA N O co 0 EA N O O 0 EA O O b co 0 E -E/3 O O b O 0 EA U1 O O O 0 f , 01 O b 0 0 EA co O b 0 0 000`0£$ Ni. 01 O O 0 0 N U1 O O 0 0 EA co, O O 0 0 EA C71 O b 0 0 - N 01 O 0 0 $125,000 FUTURE AMENITIES COST ESTIMATES EA O p 0 $245,500 E- 6) O N O 0 0 EA W O p O 0 EA En Co O b O 0 EA co () O b 0 0 $593,500 Total Park Cost/Value 0 0 0 0 0 0 0 0 0 0 0 0 100% %00 0 0 0 % Of Total Park Cost/Value Paid by Existing Development EA O �I 0 O O EA A 01 0 O O - C1 0 O IV O O 000'0£$ EA co 0 b O O EA Ca 0 o O O EA CO CO In O O $ Of Total Park Cost/Value Paid by Existing Development % Of Total Park Cost/Value Paid by Future Development $ Of Total Park Cost/Value Paid by Future Development & TRAILS SYSTEM TOTAL TRAILS SYSTEM TOTAL PARKS SYSTEM 11 Future Parks 100% Future Development 50% Existing Development 50% Future Development 50% Existing Development 50% Future Development 75% Existing Development) Z C1 3 N V V b O O O (b O CD O C) O D —1 0 0 N - N A K (n N Sub Total 8.0 acres land Sub Total. 18.0 acres land Sub Total 3.0 acres land Existing Park Amenities $17,633,300 V CT) O 0) (b N O O _. N 0) (P A 01 O O 1 OI (Estimated) General Development (@ $300,000 each) Efl A A CD O O O $440,000IGeneral Development EA CD CD O O O O $990,000IGeneral Development N Efl -, CT O O O Ei CP O O O O $165,000IGeneral Improvements VALUE OF EXISTING FACILITIES Future Park Amenities 32 Miles Er) A W CO (3) O O N V V 0) O O $11,532,000 EA CD 'CO O O O O 000,00£'£$ 000'009'$$ EF, CJ O O O O EA W O O O O Efl CO O O O O EA O O O O Efl O O O O FUTURE AMENITIES COST ESTIMATES EA _. D A N CD O O $17,846,400 (0 A O co a) 6) Cn O O co 'co 0 O O O Efl V A O O O O $1,290,000 Efl N O) CTt O O O Total Park Cost/Value 01 O 0 01 O 0 % Of Total Park Cost/Value Paid by Existing Development $12,561,000 EA W V 0 O O O 6) 0) A CT1 O O O $ Of Total Park CostNalue Paid by Existing Development %00[ 01 O • 01 O • N CT1 0 % Of Total Park CostNalue Paid by Future Development $11,263,000 000'008'8$ Efl V 0 O 0 0 C 0) D A 01 O 0 O 69 0) 0) - N 01 0 $ Of Total Park CostNalue Paid by Future Development TOTAL FULL BUILD HOUSEHOLDS ADDITIONAL HOUSEHOLDS EXISTING HOUSEHOLDS (DEC, 2007) TOTAL PARK COSTNALUE PAID BY FUTURE DEVELOPMENT TOTAL PARK COSTNALUE PAID BY EXISTING DEVELOPMENT TOTAL VALUE EXISTING AND FUTURE PARKS TOTAL VALUE EXISTING AND FUTURE PARKS & TRAILS TOTAL VALUE FUTURE PARKS AND TRAILS TOTAL VALUE EXISTING PARKS AND TRAILS TOTAL VALUE EXISTING AND FUTURE TRAILS TOTAL VALUE FUTURE TRAILS TOTAL VALUE EXISTING TRAILS TOTAL VALUE EXISTING AND FUTURE PARKS TOTAL VALUE FUTURE PARKS /AMENITIES TOTAL VALUE EXISTING PARKS ITOTAL VALUE EXISTING AND FUTURE TRAIL SYSTEM ITOTAL FUTURE TRAILS Linking Trails Destination Trails Future Trails (TOTAL EXISTING TRAILS TRAIL SYSTEM "J O CA CO s 0 (O CO W 0) 0 V (1 -A. -•1 IN a) () O O 0 — N O Cn -a. O O 0 N A 0 CO 0) in O 0 $41,942,900 N A W 0 CO CA O O - V O! w GJ W O O $17,846,400 - N V •1 •1 CA 0 O 0) O O w CO Co 0 O 005`9601q$ $11,532,000 $12,564,500 $17,846,400 N V V •1 CA O O 4;" Cr) -L 0) 00 O 0 O EA CO In 0 CO CA O O $5,068,800 Value o 36% 47% 52% 58% 42% 72% 28% 48% e KJ 67 W C11 0 00 KJ Length (Miles) Linking Trail Future Trail Existing Trail $40 $65 $40 Foot $211,200 $343,200 $211,200 Mile 5 0 v Cb N CD O O CO W Future Development Responsibility Per Unit Future Development Responsibility (% x Total) Existing Development Responsibility (% x Total) Percent of Future Park & Trails vs Total Park & Trails 'Percent of Existing Park & Trails vs Total Parks & Trails 'Percent of Existing Trails vs Total Trails $2,457 $27,014,196 $14,928,704 58% 42% V N e N CO o .P CO e WS — Item 10 WORK SESSION STAFF REPORT Work Session Item 10 Date: July 7, 2008 To: City Council From: Gordon Heitke Re: Cancelation of council meetings Background Previous to the recent council meeting on June 23, a communication was sent by the city clerk to all council members informing them that based on the council agenda the mayor did not see any need to hold the pre - council meeting work session and therefore it was cancelled. A council member questioned the mayor's authority to cancel the meeting. Since neither the city charter nor the city code designates this type of authority, advice on this question was requested from the League of Minnesota Cities (LMC). The LMC provided the attached information indicating that cities do not receive direction from state statute in the matter but that the designation of authority or a process to cancel meetings is left to local authorities themselves. The LMC recommends that the council settle the question by establishing a policy or by ordinance or charter amendment. Requested Council Direction Staff is requesting direction from the Council as to what process they would like to institute for cancellation of their meetings. Attachments 1. Question posed to LMC 2. Response of LMC Attorney Edward Cadman 1 Page 1 of 1 Julie Bartell From: Research @Imc.org Sent: Thursday, June 19, 2008 12:56 PM To: Research @Imc.org; Julie Bartell Subject: Research Question Submission Research Question Submission Thank you for submitting a research question to the League of Minnesota Cities. The League's Research Staff will begin working on it as soon as possible. You submitted the following information: First Name: Julie Last Name: Bartell Position: City Clerk Address: 600 Town Center Parkway City: Lino Lakes State: MN Zip Code: 55014 Area Code: 651 Phone: 982 -2406 Email: julie .bartell @ci.lino - lakes.mn.us Date Submitted: Thursday, June 19, 2008 Question submitted: The Lino Lakes City Council, by their rules, meets on the 2nd and 4th Monday of each month. Previous to the 4th Monday meeting, the council elects to hold a one -hour no action work session to review that evening's council agenda. This month, the council agenda is very light and the mayor requested that a message be sent to the council that the pre - council work session is canceled, basically due to lack of business. A council member has responded by questioning the mayor's authority to cancel a meeting. We are a charter city. I've reviewed our city charter and code of ordinances as they relate to council procedure and am not clear on the mayor's authority to cancel this meeting. Please advise if the League has any advice on this question. If our code and charter language in this area is needed, please let me know. Thank you. 6/23/2008 Page 1 of 1 Julie Bartell From: Cadman, Edward [ecadman@lmc.org] Sent: Friday, June 20, 2008 10:03 AM To: Julie Bartell Subject: inquiry Dear Julie, This is a response to your inquiry to the League of Minnesota Cities regarding procedure for cancelling a meeting. There is nothing in state law that dictates how meetings are cancelled, only how they are called. This is a local decision that can be part of the procedural rules, either formally or informally. I'm afraid I don't know of any samples to share, and it is a question we get periodically. But if it is now an area of friction, it should be settled by council and probably put to ink through either policy, ordinance, or charter provision. I hope that's helpful. If there's anything else we can do for you, please let me know, and thanks for contacting the League of Minnesota Cities. Edward S. Cadman I Staff Attorney League of Minnesota Cities Direct: 651.281.1229 I Fax: 651.215.4129 Email: ecadman @Imc.org www.lmc.org Connecting & Innovating since 1913 1 am providing this material for general information purposes. It is not intended to provide legal advice and should not be used as a substitute for legal guidance. Consult your city attorney for advice concerning specific situations. 6/20/2008