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HomeMy WebLinkAbout08/04/2008 Council PacketWORK SESSION AGENDA CITY OF LINO LAKES Monday, August 4, 2008 CITY COUNCIL WORK SESSION Community Room (not televised) 5:30 P.M. 1. Charter Commission Update on Proposed Charter Amendment — Cori Duffy 2. Communication Consultant Proposal 3. Town Center Update 4. Prosecution Legal Services Proposals 5. Liquor Ordinance 7. Regular Meeting Agenda 8. Interview Questions for Prospective Law Firms 9. Interview Law Firms 7:30 Ratwik, Roszak & Maloney, P.A. 7:50 Kennedy & Graven, Chartered 8:10 Campbell Knutson, P.A. Adjourn PAGE 1 to follow (Friday Update) to follow (Friday Update) WS — Item #1 WORK SESSION STAFF REPORT Work Session Item 1 Date: August 4, 2008 To: City Council From: Gordon Heitke Julie Bartell Re: Charter Commission Update Background At the July 7 work session, the council discussed the outstanding charter amendment proposal (2008 council/citizens task force amendment) in terms of a city- sponsored public communication plan. In order to initiate work on a plan and desiring to have one public information program address any amendment on the ballot, the council directed that a letter be sent to the Charter Commission inviting them to provide an update on their work on the proposed charter amendment. The Charter Commission has since sent a letter addressed to Mayor Bergeson dated July 18, 2008, officially rejecting the 2008 council /citizens task force amendment. The commission is recommending that the council repeal Section 8.07 of the City Charter by ordinance. (Upon recommendation of the Charter Commission the council may, by an affirmative vote of all of its members, enact a charter amendment without an election. Amendments by ordinance are subject to referendum if a qualifying petition is filed within 60 days after passage and publication of a council approved ordinance.) Minnesota Statutes, Section 410.12, Subd. 7, prescribes a process and timeline for amendments by ordinance. According to that statute language, it appears the council must make a decision at the August 4, 2008 work session as to whether or not it wishes to pursue this charter commission recommended change by ordinance. To meet the statutory timeline, a notice for a public hearing on the amendment must be submitted to the official city newspaper by August 6 in order for the notice to be published as required. The public hearing itself would be required within a month of the publication date. A calendar outlining the full process is attached. Charter Commission Chair Cori Duffy has indicated that she will be present at the work session. 1 Requested Council Direction Staff requests direction as to whether the Council wishes to amend the City Charter to eliminate Section 8.07 of Chapter VIII by ordinance and if so, the date of the public hearing in order for staff to prepare and publish the notice. Attachment(s) 1. Charter Commission letter of July 18, 2008 2. Section 8.07 of Chapter VIII of the City Charter 3. Calendar indicating timeline of statutory requirements for passage of amendment by ordinance 2 (Sent via e-mail-July 18, 2008) July 18, 2008 Dear Honorable Mayor Bergeson: The Lino Lakes Charter Commission has received and reviewed the 2008 Council's Task Force Amendment proposal. In response, on July 17, 2008, the Commission voted to reject this proposal. In addition, the Commission voted to recommend that the city council repeal Section 8.07 of Chapter 8 of the existing City Charter by ordinance pursuant to Minnesota State Statutes 410.12 Subd. 7. The Charter Commission recommends the repeal of Section 8.07 of the existing Charter because it agrees with the current city council that having special provisions for certain segments of the city are not in the city's best interests. The Commission feels that it is best that the entire city abide by the same set of rules. The Commission finds in the proposed Council Task Force amendment that the neighborhood process to decide potential improvements is confusing, conflicting, and unworkable. Also, the Commission wants to keep residents' rights to referendum on street reconstruction projects. After careful review and deliberation, the Charter Commission has determined that the revised Council Task Force amendment does not adequately meet the needs of the citizens of Lino Lakes. Respectfully, Cori Duffy Chair, Lino Lakes Charter Commission cc: Julie Bartell, City Clerk Section 8.07. Local Improvement; Special Provisions. Subdivision 1. Except as provided in Subdivision 3, in the geographic areas of the City described in Subdivision 2, the construction of local improvements, the levy of special assessment for the financing of those improvements must be conducted in accordance with procedures specified in state law. Subdivision 2. Subdivision 1 applies to land within three (3) geographic areas, each not exceeding 430 acres, legally described as follows: AREA NO. 1 - Trunk Highway #49 (Hodgson Road) and County State Aid Highway #23 Intersection (Lake Drive) -All Government Lot 1, Section 30, T31, R22, PIN. 30- 31 -22- 210001 -That part of Lots 14, 15, 16 and 17, Auditor's Subdivision No. 151 lying south and east of State Trunk Highway #49 (Hodgson Road) right -of -way AREA NO. 2 - Interstate I35E and County Road 242 (Main Street) Interchange - Northeast one quarter (1/4) of Section 24 - That part of the southeast one quarter (1/4) of Section 24 lying north of Cedar Street East one half (1/2) of the southwest one quarter (1/4) of Section 24 East one half (1/2) of the northwest one quarter (1/4) of Section 24 AREA NO. 3 Interstate I35W and Trunk Highway #49 (Lake Drive) Interchange - North one half (1/2) of the southwest one quarter (1/4) of Section 18 That part of the south one half (1/2) of the southwest one quarter (1/4) of Section 18 lying north of the Interstate I35W right -of -way That part of the southwest one quarter (1/4) of Section 17 lying west of Trunk Highway #49 (Lake Drive) right -of -way All of the northwest one quarter (1/4) of Section 17 with the exception of that part of the southeast one quarter (1/4) of said northwest one quarter (1/4) of Section 17 as follows: beginning at a point at the intersection of the south line of said southeast one quarter (1/4) of the northwest one quarter (1/4) with the east right - of -way line of Trunk Highway #49; thence northeasterly along said right -of -way line 938.14 feet (+ or -) ; thence southeasterly 672. 39 (+ or -) feet to east line of said southeast one quarter (1/4) of the northwest one quarter (1/4); thence south along said east line 588.5 (+ or -) feet to the south line of said southeast one quarter (1/4) of the northwest one quarter (1/4); thence westerly along said south line 1021.59 feet (+ or -) to the point of beginning. The north 720 feet of that part of the southwest one quarter (1/4) of the northeast one quarter (1/4) of Section 17 lying west of the Anoka County Park property - That part of the north one half (1/2) of the northeast one quarter (1/4) of Section 17 lying west of the Anoka County Park property. - That part of the north one half (1/2) of the northeast one quarter (1/4) of Section 17 lying west of the Anoka County Park property - The south one half (1/2) of southeast one quarter (1/4) of the southeast one quarter (1/4) of Section 8 The southeast one quarter (1/4) of the southeast one quarter (1/4) of the southwest one quarter (1/4) of Section 8 The east 330 feet (+ or -) of the northeast one quarter (1/4) of the southeast one quarter (1/4) of the southwest one quarter (1/4) of Section 8 Subdivision 3. When construction of local improvements, the levy of special assessments for the financing of those improvements specially benefit a parcel of real property, in an area described in subdivision 2, on which a single family, owner occupied residential unit existed on September 30, 1993, the owner /occupant of such residential unit may file a petition with the City Clerk objecting to the special assessment to be levied against his /her parcel. Such petition shall be filed with the City at or before the first public hearing to be held on the project. After the filing of such petition the City may not specially assess such owner's property for the improvements constructed unless the owner, at his /her option, in the future elects to connect to or use the improvements constructed by the City. Any notice of hearing mailed to such single family, owner occupied units shall include notice of the property owner's right to object to the assessments as granted in this paragraph. This exception terminates on the first day that an owner occupied residential unit no longer exists on the parcel of real property. (Section 8.07 Added November 22, 1993, Ordinance No. 93 - 1 9) • er Commission submits amendment proposal (Sect. 8.07); cil has one month to publ'sh hearing notice if they wish to move forward on the amendment by ordinance July Charter Amendment by Ordinance =- Section 8.07 Lino Lakes City Council - 2008 Meeting Calendar = City Council Meeting, 6:30 p.m. (2nd & 4th Monday), Council Chambers = Council Work Session, 5:30 p.m. (1St Monday), Community Room = Work Session, 5:30 p.m.; Council Meeting, 6:30 p.m. (4th Monday), Council Chambers J anuary April Sa 3 4 5 9 ! 10 12 16 17 18 19 23 24 ® 26 February D mo semsigna IA 8 • D MESE] 10 18 19 20 24 26 14 16 28 29 May D Mo imummDwa Sa Mo 1111E© 3 4 g 8 9 10 D 14 NM 16 17 18 19 20 Elmo 24 El 26 r 28 29 30 31 Council must hold public hearing on amendment August March June Tu We Th Fr 6 Sa 7 21 28 al S September MoTut We ThIFr1Sa 4 5 7 14 21 28 15 16 17 22 23 24 29 30 October 1 19 20 21 26 11 15 16 17 18 22 23 24 November 13 20_1 25 26 271 Council must vote on ordinance within a mon December Ordinance would become effective 90 days after passage and publication (if not contested by petition) Su Mo E®m Sa - IIIIIIIIIIII 1 2 4 6 Q 8 9''' 14 151 16 18 D 25 30 19 20 ! 22 26 Fa 28 29 III 13 20_1 25 26 271 Council must vote on ordinance within a mon December Ordinance would become effective 90 days after passage and publication (if not contested by petition) Dt -k,(12u4-€.4 0) too ik cs r b n B' `f (2 00� 600 Town Center Parkway Lino Lakes, MN 55014 August 4, 2008 Mr. John Bergeson Lino Lakes Mayor 6996 West Shadow Lake Drive Lino Lakes, MN 55014 Dear Honorable Mayor Bergeson, On behalf of the Lino Lakes Charter Commission, we formally request additional funding for 2009 in the amount of $7500.00. We anticipate that additional resources will be needed to further frame and amend the City Charter next year. Thank you for your time and consideration. cc: Council member Jeff Reinert Council member Kathi Gallup Council member Jeff O'Donnell Council member Dan Stoltz City Clerk Julie Bartell City Administrator Gordon Heitke Respectfully, Cori Duffy Chair, Lino Lakes Charte Commission • • WS — Item 2 WORK SESSION STAFF REPORT Work Session Item 2 Date: August 4, 2008 To: City Council From: Mary Divine Re: Communication Consultant Proposal Background At the city council's previous work session the council requested a proposal from a communications consultant to assist the council with the proposed referendum regarding the current process for bonding for road improvements that are partially assessed. The attached proposal is from Springsted, which has considerable experience with, and understanding of, the City Charter related to referendums for street and road projects. Springsted proposes to partner with Dustin Deets, a strategic communications firm with referendum experience. This proposal discusses the steps that would be taken to provide comprehensive information to the voters. Requested Council Direction Council is requested to determine its objectives for this November's ballot question and for the communication plan. Council is also requested to determine whether they wish to proceed by using the communications consultants to educate and inform the voters about an amendment to the City Charter Attachment(s) 1. Springsted Communication and Citizen Awareness Plan proposal 1 Springsted City of Lino Lakes, Minnesota Communication & Citizen Awareness Plan Fall Referendum Work Plan Springsted Incorporated 380 Jackson Street, Suite 300 Saint Paul, MN 55101 -2887 • Tel: 651-223-3000 Fax: 651 - 223 -3002 www.springsted.com August 1, 2008 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 referendum. The plan would include actions that lead to informing voters, but would not include marketing and /or promoting referendum approval. We understand that the City may consider presenting a referendum to the voters asking for an amendment to the current process for financing public improvements: including road improvements, that are partially assessed. Springsted's role is to assist the City in defining the ballot question(s) to be asked. We would implement an agreed upon Communication Plan and strategies in order to provide comprehensive information to the voters prior to the referendum. Springsted has an established affiliation with Dustin Deets, LLC, a Strategic Communications Firm, with experience with referendum assistance. Chris Deets' resume is attached along with our team members' resumes. Dustin Deets, LLC will be utilized, as necessary, to provide the communication elements of this proposal to complement the financial and referendum materials provided by Springsted staff. Springsted will work directly with the City Council and City Staff to determine the objectives, specific wording for the ballot, referendum process, and a Communication Plan. This work will be completed in conjunction with Bond Counsel. 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 and reconstruction (Much of this has already been done in conjunction with the PMP financing study conducted in 2005) • Review historical information and results related to referendums for street and road projects (partially completed as part of PMP study noted above) • • • City of Lino Lakes, MN Communication & Citizen Awareness Plan August 1, 2008 • Review the City's communication tools utilized to inform voters in past referendums D Meet with City Council and Staff in a workshop session: Discuss our internal review 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 the effectiveness of each proposed means to disperse information • Discuss the measures for effectiveness of the plan • Obtain additional information needed • Review the project timetable • Clarify that Springsted and its Affiliates will not be marketing; rather informing voters using factual data Task II: 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 the ballot language using consensus of the question from the City Council and review by Bond Counsel > Develop a timeline for implementation of the Plan including specific dates to put in place each method of communication to be used > Discuss and agree with Council on how questions from the public will be handled during the pre - referendum phase Task III: Develop Communication Plan > 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 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 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 City of Lino Lakes, MN Communication & Citizen Awareness Plan August 1, 2008 Task V: Implement Communication Plan > Assign key contact from the City and Springsted to manage the timetable and coordinated distribution of various communication tools as outlined in the plan > Develop weekly checklist to ensure that each task is performed in a timely manners with sufficient lead time D 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 primary contact. 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. Springsted's 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 • 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 an informed decision > Springsted will not: • Market or promote any desired outcome of the referendum other than informed voters (voting yes or no is acceptable) Implement tasks that deviate from the Plan unless requested /approved by the Council as whole Compensation We propose to develop and implement the Communication & Citizen Awareness Plan, as described in this proposal. A "not to exceed" amount will be provided upon determination of specific information about the referendum itself. This "not to exceed" amount will be exclusive of any out -of- pocket expenses such as travel, materials, advertisements, postage and miscellaneous expenses. This amount would include up to three on -site • • • • • • City of Lino Lakes, MN Communication & Citizen Awareness Plan August 1, 2008 meetings. We would complete work by October 31, 2008 and would prefer to begin as soon as possible 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. »burl Principal & Senior Officer $185 Officer & Project Manager 160 Senior Associate 140 Associate 120 Support Staff 60 City of Lino Lakes, MN Communication & Citizen Awareness Plan August 1, 2008 Terri Y Heaton Senior Vice President Client Representative Ms. Heaton joined Springsted Incorporated in May 2002 as a Senior Vice President, concentrating her efforts as principal advisor to cities and counties. She is serving clients in the Midwest, assisting them in attaining their financial goals through effective public finance management and economic development, managing operational and structural challenges and developing strong organizational management and human resource teams. Ms. Heaton's focus is with metropolitan suburbs and regional centers. Ms. Heaton has over 24 years of experience in local government finance, most recently as the Chief Financial Officer for the City of Bloomington, Minnesota, where she was instrumental in improving the City's credit rating, ultimately earning an Aaa/AAA bond rating with both Moody's and Standard and Poor's. As a result of her efforts, the City's first popular report, the Corporate Report to the Community, and its budget document continue to receive GFOA awards annually. Ms. Heaton was also the Chief Financial Officer for the City's economic development arm, the Bloomington Port Authority. She participated in the negotiation of and administered development contracts, including the Mall of America tax increment financing project. She facilitated bond defeasances and bond refundings, resulting in present value savings in excess of $30 million. As the City's Treasurer, she had responsibility for the $150+ million combined portfolio of the City, Port Authority and Housing Redevelopment Authority. She developed capital financing plans for over $75 million in municipal public facilities. Previously, she worked for the Office of the State Auditor, conducting audits of schools, counties, cities, pension funds, agencies, and non - profit corporations. Education University of St. Thomas, Saint Paul, Minnesota Master of Business Administration Saint Cloud State University, Saint Cloud, Minnesota Bachelor of Science in Accounting Affiliations Government Finance Officers Association — National and State Associations League of Minnesota Cities — Fiscal Futures Committee Association of Minnesota Counties Association of Metropolitan Municipalities Association of Government Accountants — Certified Govemment Financial Manager Economic Development Association of Minnesota (EDAM) Professional Certified Public Accountant Certified Government Finance Manager • • • • • • City of Lino Lakes, MN Communication & Citizen Awareness Plan August 1, 2008 Patricia L. Kettles Vice President Director of Quantitative Services Ms. Kettles joined Springsted in 1995, became a member of our Management Consulting Services Group ( "MCS ") in 2001, and is now the Director of Quantitative Services in the MCS Group. In this position, Ms. Kettles is responsible for supervising and managing the analytical support staff, including the Analysts and Project Managers in all our offices nationwide. Prior to that she was a Project Manager for the National, Minnesota and Wisconsin Teams, where she provided project support services, including structuring debt, reviewing financing options with Springsted's Consultants and clients, writing recommendations that explain the plan of finance, reviewing Official Statements and legal documents related to financing, and assisting clients with general questions. She brings this strong background to the Management Consulting Team, where she is able to apply her strengths and technical analysis in completing studies in areas such as fiscal impact analysis, utility rate analysis, revenue diversification /cost recovery, financial feasibility, financing options, capital improvement programming and debt management. Ms. Kettles has worked with clients in Virginia, Iowa, Kansas, Minnesota, Missouri, North Dakota and Wisconsin. Education University of St. Thomas, Saint Paul, Minnesota Masters in Business Administration Curtis L. Carlson School of Management, University of Minnesota, (Minneapolis) Bachelor of Science in Business Affiliations Government Finance Officers Association of the United States and Canada Minnesota Government Finance Officers Association National Association of Independent Public Finance Advisors Professional Certified Independent Public Finance Advisor City of Lino Lakes, MN Communication & Citizen Awareness Plan August 1, 2008 Sharon G. Klumpp Vice President Consultant Sharon Klumpp is an organization and management consultant, specializing in organizational and departmental studies, human resource management and executive search for public agencies. She also assists governing bodies and senior -level managers in the development, execution and evaluation of strategic plans. Ms. Klumpp has extensive experience in serving government. She has served as Executive Director of the Metropolitan Council, a seven - county regional planning agency for the Twin Cities, and as Associate Executive Director for the League of Minnesota Cities. Her experience also includes serving as City Administrator in Oakdale, Minnesota and as Assistant City Manager in both St. Louis Park, Minnesota and Saginaw, Michigan. Her private sector experience includes serving as the chief administrative officer for the Minneapolis office of a major global engineering and design firm. Ms. Klumpp also served as an adjunct instructor at Walden University, where she taught public administration and organizational change in the University's School of Management. She was the chair, and continues to serve on the Ramsey County Charter Commission. Education University of Kansas, Lawrence, Kansas Masters of Public Administration Miami University, Oxford, Ohio Bachelor of Arts in Political Science Affiliations International City /County Management Association International Public Management Association for Human Resources • • • • • City of Lino Lakes, MN Communication & Citizen Awareness Plan August 1, 2008 -r u, • In PROFESSIONAL EXPERIENCE Dustin Deets, LLC Strategically Integrated Communications Finn Owner Clients: Target, Elk River Area School District, FAME, Regis Salons, Our Lady of Grace, Asset Marketing Services Odyssey Marine Exploration Tennant Company 1%00 million, business -to- business. industrial manufacturer Marketing Communications Manager, August 1995 —March 2007 INFORMATION ARCHITECTURE ( Architect process, priority, and content around disciplines includirc communications, product introductions, global document creation, brand hierarchies, marketing communications, and web site development. Highlight:: Development and introduction of the new corporate core value of stewardship. BRAND MANAGEMENT Defined, repositioned, refreshed, and reintroduced the Tennant corporate and product brands, as well as the Nobles product brand. Highlight: Strategically reintroducing the Nobles product brand INTEGRATED MARKETING COMMUNICATIONS Transitioned corporation from internal corporate communications structure to outsourcing functional marketing communications disciplines, retaining a strategic directional core. Responsible for annual marketing communications plans and strategies. Highlights: The 2006 partnership with Qricago's Millennium Park; elimination of over $100k in expenses through a global document creation system. CREATIVE DIRECTION Conceived, created, and executed targeted and mass marketing campaigns, including one which generated over S750k in incremental revenue. Highlight: Created developed and produced an award- winning event integrating twa brands, 83 staff workers, 52 branded graphics, and 5,500 square feet of floorspace. Augsburg Fortress I Publisher Copywriter. September 1994- August 1 995 Conceived, wrote, edited ads, direct mail, collateral, POPS, and related marketing communications materials for both distributor and retail channels. C'ME and Miller Metster I Advertising Agencies Print Producer /Copywriter; March 1990 -- August 1994 Managed projects from development through to production. Created position of print producer. Client contact on Mercury Marine Outboards, and Andersen Windows. Copywriter on Multifoods' pasta brands_ AWARDS AND HONORS 2007 I Telly Award for stewardship project, including DVD and literature. 20061 Best of Show Aurora Awards for the opening and closing videos at the 2006 Tennant national sales meting 2006 1 Telly Award for the closing video at the 2006 Tennant national sales meeting 2005 1 Gold Aurora Award for the opening video at the 2005 Tennant national sales meeting 2004 !Tennant Leading Edge Award; President's Award Finalist 2004 1 Jade Crystal Trophy from the Communicators Group 2003 1Bronze ARC Award for 13-to-B Lead Generation 20021 Tennant Excellence in Teamwork Award 2001 1 Tennant Company Award of Excellence Overall UNDERGRADUATE EDUCATION Bachelor of Arts, St. Olaf College, Communications in American Culture LEADERSHIP AND MANAGEMENT ASSESSMENTS Available for review 1 PDI Talent-View Leadership Competency Assessment; FIRO -B; MlndGarden Mukifactor Leadership Appraisal; CPI OPQ; Campbell Leadership Index; 13 Tennant performance appraisals WS — Item 3 WORK SESSION STAFF REPORT Work Session Item 3 Date: August 4, 2008 To: City Council From: Al Rolek Re: Town Center Update At the July work session staff discussed the financial implications of the special assessment delinquencies on this project. 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. Delinquent special assessments are likely to continue that status for some time. Discussion at the last work session centered around using an interfund loan or general tax levies to pay any debt service shortfalls. 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 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. Terri Heaton of Springsted has prepared some alternatives for a debt restructuring and will be present to discuss the possibilities and related effects of this course of action. 1 d Iro S2 13 O 0 0 .� Q N co > LL N C L c 13 ec Cl co) O d > 3 v- .- X 'C 0 0 -C L. Fu 00 ti C C O O co o t- O O o0 49 o c O 00 to 49 49. co 0 c I a- o to 0 0 CS CD r• o co 00 0 t0 ~ N O 0 T o N3 0 N 49 V> 49 It It CD' 49 0 UC r' 0 G9 0 0 \ r. r- 0 CO 0 O t0 h 0 O N O O O O N 0 0 N CA it 40, O 49 N 4i 69 4A O 0 00 0 `° 00 oo o co ti co c_a Ca 0 0 CO co O T c c c a c.c.' c cri id co 69 EA Bond issue Size Interest Rate Assesment Revenue Pledged Balloon Payoff Year Balloon Payoff Amount Capitalized Interest Annual Payments through 2011 Annual Payments throught 2013 Present Value Savings Springsted 1 m C ' • + • LL 0. 0 c;14' O - au- 0 Full Advance Full Advance OfL tAQ co. c o o_ o0 W 0 m N C O w E N! 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Subdivision 1. Proposals. The charter commission may propose amendments to such charter and shall do so upon the petition of voters equal in number to five percent of the total votes cast at the last previous state general election in the city. Proposed charter amendments must be submitted at least 12 weeks before the general election. Only registered voters are eligible to sign the petition. All petitions circulated with respect to a charter amendment shall be uniform in character and shall have attached thereto the text of the proposed amendment in full; except that in the case of a proposed amendment containing more than 1,000 words, a true and correct copy of the same may be filed with the city clerk, and the petition shall then contain a summary of not less than 50 nor more than 300 words setting forth in substance the nature of the proposed amendment. Such summary shall contain a statement of the objects and purposes of the amendment proposed and an outline of any proposed new scheme or frame work of government and shall be sufficient to inform the signers of the petition as to what change in government is sought to be accomplished by the amendment. The summary, together with a copy of the proposed amendment, shall first be submitted to the charter commission for its approval as to form and substance. The commission shall within ten days after such submission to it, return the same to the proposers of the amendment with such modifications in statement as it may deem necessary in order that the summary may fairly comply with the requirements above set forth. Subd. la. Alternative methods of charter amendment. A home rule charter may be amended only by following one of the alternative methods of amendment provided in subdivisions 1 to 7. Subd. 2. Petitions. The signatures to such petition need not all be appended to one paper, but to each separate petition there shall be attached an affidavit of the circulator thereof as provided by this section. A petition must contain each petitioner's signature in ink or indelible pencil and must indicate after the signature the place of residence by street and number, or other description sufficient to identify the place. There shall appear on each petition the names and addresses of five electors of the city, and on each paper the names and addresses of the same five electors, who, as a committee of the petitioners, shall be regarded as responsible for the circulation and filing of the petition. The affidavit attached to each petition shall be as follows: State of ) County of ) ss. being duly sworn, deposes and says that the affiant, and the affiant only, personally circulated the foregoing paper, that all the signatures appended thereto were made in the affiant's presence, and that the affiant believes them to be the genuine signatures of the persons whose names they purport to be. Signed (Signature of Circulator) Subscribed and sworn to before me this day of Notary Public (or other officer) authorized to administer oaths The foregoing affidavit shall be strictly construed and any affiant convicted of swearing falsely as regards any particular thereof shall be punishable in accordance with existing law. Subd. 3. May be assembled as one petition. All petition papers for a proposed amendment shall be assembled and filed with the charter commission as one instrument. Within ten days after such petition is transmitted to the city council, the city clerk shall determine whether each paper of the petition is properly attested and whether the petition is signed by a sufficient number of voters. The city clerk shall declare any petition paper entirely invalid which is not attested by the circulator thereof as required in this section. Upon completing an examination of the petition, the city clerk shall certify the result of the examination to the council. If the city clerk shall certify that the petition is insufficient the city clerk shall set forth in a certificate the particulars in which it is defective and shall at once notify the committee of the petitioners of the findings. A petition may be amended at any time within ten days after the making of a certificate of insufficiency by the city clerk, by filing a supplementary petition upon additional papers signed and filed as provided in case of an original petition. The city clerk shall within five days after such amendment is filed, make examination of the amended petition, and if the certificate shall show the petition still to be insufficient, the city clerk shall file it in the city clerk's office and notify the committee of the petitioners of the findings and no further action shall be had on such insufficient petition. The finding of the insufficiency of a petition shall not prejudice the filing of a new petition for the same purpose. Subd. 4. Election. Amendments shall be submitted to the qualified voters at a general or special election and published as in the case of the original charter. The form of the ballot shall be fixed by the governing body. The statement of the question on the ballot shall be sufficient to identify the amendment clearly and to distinguish the question from every other question on the ballot at the same time. If 51 percent of the votes cast on any amendment are in favor of its adoption, copies of the amendment and certificates shall be filed, as in the case of the original charter and the amendment shall take effect in 30 days from the date of the election or at such other time as is fixed in the amendment. Subd. 5. Amendments proposed by council. The council of any city having a home rule charter may propose charter amendments to the voters by ordinance. Any ordinance proposing such an amendment shall be submitted to the charter commission. Within 60 days thereafter, the charter commission shall review the proposed amendment but before the expiration of such period the commission may extend the time for review for an additional 90 days by filing with the city clerk its resolution determining that an additional time for review is needed. After reviewing the proposed amendment, the charter commission shall approve or reject the proposed amendment or suggest a substitute amendment. The commission shall promptly notify the council of the action taken. On notification of the charter commission's action, the council may submit to the people, in the same manner as provided in subdivision 4, the amendment originally proposed by it or the substitute amendment proposed by the charter commission. The amendment shall become https : / /www.revisor.leg.state.mn.us /statutes / ?id= 410.12 8/4/2008 410.12, Minnesota Statute Page 2 of 2 effective only when approved by the voters as provided in subdivision 4. If so approved it shall be filed in the same manner as other amendments. Nothing in this subdivision precludes the charter commission from proposing charter amendments in the manner provided by subdivision 1. Subd. 6. Amendments, cities of the fourth class. The council of a city of the fourth class having a home rule charter may propose charter amendments by ordinance without submission to the charter commission. Such ordinance, if enacted, shall be adopted by at least a four -fifths vote of all its members after a public hearing upon two weeks' published notice containing the text of the proposed amendment and shall be approved by the mayor and published as in the case of other ordinances. The council shall submit the proposed amendment to the people in the manner provided in subdivision 4, but not sooner than three months after the passage of the ordinance. The amendment becomes effective only when approved by the voters as provided in subdivision 4. If so approved, it shall be filed in the same manner as other amendments. Subd. 7. Amendment by ordinance. Upon recommendation of the charter commission the city council may enact a charter amendment by ordinance. Within one month of receiving a recommendation to amend the charter by ordinance, the city must publish notice of a public hearing on the proposal and the notice must contain the text of the proposed amendment. The city council must hold the public hearing on the proposed charter amendment at least two weeks but not more than one month after the notice is published. Within one month of the public hearing, the city council must vote on the proposed charter amendment ordinance. The ordinance is enacted if it receives an affirmative vote of all members of the city council and is approved by the mayor and published as in the case of other ordinances. An ordinance amending a city charter shall not become effective until 90 days after passage and publication or at such later date as is fixed in the ordinance. Within 60 days after passage and publication of such an ordinance, a petition requesting a referendum on the ordinance may be filed with the city clerk. Such petition shall be signed by qualified voters equal in number to two percent of the total number of votes cast in the city at the last state general election or 2,000, whichever is less. If the city has a system of permanent registration of voters, only registered voters are eligible to sign the petition. If the requisite petition is filed within the prescribed period, the ordinance shall not become effective until it is approved by the voters as in the case of charter amendments submitted by the charter commission, the council, or by petition of the voters, except that the council may submit the ordinance at any general or special election held at least 60 days after submission of the petition, or it may reconsider its action in adopting the ordinance. As far as practicable the requirements of subdivisions 1 to 3 apply to petitions submitted under this section, to an ordinance amending a charter, and to the filing of such ordinance when approved by the voters. History: (1286) RL s 756; 1907 c 199 s 1; 1911 c 343 s 1; 1939 c 292 s 1; 1943 c 227 s I; 1949 c 122 s 1; 1959 c 305 s 3,4; 1961 c 608 s 5,6; 1969 c 1027 s 3; 1973 c 503 s 1 -4; 1986 c 444; 1998 c 254 art 1 s 107; 1999 c 132 s 42; 2005 c 93 s 1 https : / /www.revisor.leg.state.mn.us /statutes / ?id= 410.12 8/4/2008 • • • WS — Item 4 WORK SESSION STAFF REPORT Work Session Item 4 Date: Council Work Session, August 4, 2008 To: City Council From: Gordon Heitke Dave Pecchia Re: Professional Services RFPs Background As discussed at the July 7, 2008 work session, the City has received proposals for prosecution legal services as the result of the request for proposals (RFPs) for legal services. RFPs for prosecution legal services were sent to firms known to be interested in submitting a proposal and a notice was listed on the League of Minnesota Cities and City of Lino Lakes web sites. Four proposals for prosecution services were received. Staff has prepared a chart summarizing key information (related to prosecution services) for each proposal. The Chief of Police and Administrator identified the following factors as being most important in the selection of a law firm to provide civil legal services: 1) the lead attorney and assisting attorneys have considerable experience in municipal prosecution; 2) the firm has a sufficient number of attorneys and support staff to ensure availability for court dates and adequate case preparation; 3) the firm will aggressively prosecute criminal cases; and 4) the service rates are reasonable for the value of the service received. The staff finds the proposal submitted by Sweeney, Borer & Sweeney, P.A. to be the best value for meeting the prosecution legal service needs of the City. Requested Council Direction The Council needs to determine how it wishes to proceed in the selection of the law firm to provide prosecution legal services. 1 Attachments 1. Request for Proposals 2. Proposals (Kelly & Lemmon P.A.; Campbell Knutson P.A.; Sweeney, Borer & Sweeney, P.A.; Hawkins and Baumgartner, P.A.; and Newquist & Herrick Law Offices, P.C.) 3. Proposal Summary Charts 2 • • City of Lino Lakes REQUEST for QUALIFICATIONS and PROPOSALS for PROSECUTION LEGAL SERVICES June 1, 2008 I. PURPOSE The City of Lino Lakes is requesting qualifications and proposals for Prosecution 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 to provide prosecution services. HI. 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 Director of Public Safety (Chief of Police) will evaluate proposals. The City Administrator will recommend to the City Council firm to be considered for appointment 3. The City Council will select the firm and award a contract for Prosecution Legal Services to the City of Lino Lakes 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 1 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. Nine (9) 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 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 2 • • • 8. Statement of 2007 billings for prosecution work as a percentage of total • • 2007 billings 9. List local governments for which your firm currently provides prosecution services 10. List cities your firm began representing in the last three years and cities your firm stopped representing in the last three years and specify if those services included prosecution services 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 prosecution experience including cities served in a similar capacity • Estimated percentage of total work related to prosecution in the last three years 3 • 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 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 • 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 4 • • • • • • • Total the fees for each service item VI. Legal Services Requirements Following are the primary responsibilities for the Prosecuting Attorney: A. Prosecution of gross misdemeanor, misdemeanor, and petty misdemeanor cases, including traffic violations, DWI cases, theft, and City code violations B. Drafting complaints, representing the City at court appearances, including omnibus hearings, pretrial conferences, court and jury trials, and post - conviction hearings C. Preparation of regular reports of prosecution activities and staff D. Advise and consult with City Clerk- Administrator or his /her designee relative to abatement of nuisances and other City code violations by means other than formal prosecution E. Recommend cost saving measures without loss of prosecution effectiveness F. Meet periodically with Chief of Police and /or other appropriate personnel to review status of prosecution matters G. Provide advice, consultation, and training where required to the Police Department and to all other departments of the City in the interpretation and enforcement of statutes and ordinances and investigation of violations in connection with the prosecution of criminal cases 5 a N • Q N O U U '• rosecution x • enenc 0 0 >+ a) C 0 Clerk, paralegal: $60 /hr Total not to exceed $12,000 /month CD o 0 N 73 a) 0 C a) 0 0 a) Q f6 2 Little Canada Christine Swanson - 2.5 years experience 3 law clerks U, 0 r Paralegal: $48 /hr or $12,154 /month N a) N —J 0 C J a) O 0 C L a) w a) U C a) .L X m L CU a) N O) E as m O Cl, V/ Adam Dahlen - 1 year experience U) T m C aS N 1 consulting attorney 2.5 paralegals Attorney: $99 /hr Paralegal: $49 /hr Carl Newquist - 40 years experience Gregg Herrick - 9 years experience Sara Kimball - 2 years experience (court back -up) Founded 1986 $10,000 /month a) C Cu North Oaks Little Canada (past) White Bear Lake (past) Shoreview (past) Joseph Murphy - 6 years experience Robin Tomney - 12 years experience (court back -up) Cu O) N a>) E Cu U U) N WS — Item #5 WORK SESSION STAFF REPORT Work Session Item 5 Date: August 4, 2008 To: City Council From: Julie Bartell Re: Liquor Ordinance Background On June 23, 2008 the council approved a moratorium on the issuance of off -sale liquor licenses in the city. The moratorium became effective on July 31, 2008 and will remain in effect for 180 days. The council has indicated a desire to review the city's current liquor regulations as they relate to off -sale licenses. The council received a petition signed by city residents and submitted by two current off - sale liquor store owners requesting that the city change its off -sale license regulations to limit additional off -sale licenses. The petition suggested two limitations: - No licenses to be issued to a property located within one mile of an existing off -sale establishment; Total number of off -sale licenses in the city not to exceed one license per 7,000 population. According to the League of Minnesota Cities, the following are also common local restrictions: - Limiting the number of licensing without a link to population size; - Zoning restrictions. Although off -sale licenses are issued by the Minnesota Department of Public Safety, state statute allows cities considerable authority in establishing local regulations. 1 Requested Council Direction Staff requests direction as to whether the council wishes to consider a new liquor ordinance which will act to limit the number and/or location of off -sale liquor establishments within the City of Lino Lakes. If so, staff requests direction as to the regulatory approach (i.e. proximity to same use, total number of establishments within the city, ratio of number of establishments per population). 2 • • • Memorandum Date: July 31, 2008 To: City Council From: Gordon Heitke Re: Interview Questions for Attorney Interviews Attached are interview questions and a rating sheet which you may wish to use in interviewing attorneys Monday, Feb. 4. Interview questions appear as an agenda item for the purpose of finalizing questions prior to the interviews beginning at 7:30 p.m. e w► • • • Law Firm Evaluator: Interview Questions of Potential Law Firms Date: 1. Briefly overview your firm's qualifications and experience in municipal law. • Briefly describe your qualifications and experience in municipal law. • Briefly describe the qualifications and experience in municipal law of the attorney who would be assisting and providing back -up for you. 2. Would you be the primary contact at your law firm for the City of Lino Lakes? If not, who would that be? 3. It is important that the City Attorney be aware of what is happening at the City Council level and within the different departments. What means do you use to keep current and informed of any potential legal issues that may need to be addressed before they become larger problems? 4. Describe your role and involvement in a City Council meeting. 5. How would you and your firm handle a situation where the City Council told you to do something that you disagreed with? - from a legal standpoint? - from an ethical standpoint? - from a philosophical standpoint? 6. What tools or techniques have you found that provide the greatest cost savings for your clients? 7. Do you feel it is appropriate for City staff to draft legal documents such as ordinances, purchase agreements, and development agreements? If not, why? If so, what is your role to ensure the City's interests are protected? 8. Tell us how you prepare for City Council meetings. 9. How would you respond to the situation of a city resident contacting you for legal advice on a city related matter? 10. Describe both your and your firm's most challenging municipal issue during your legal career? What were the circumstances and what was the outcome? 11. Do you have any questions for us? 1 • • • Law Firm: Date: ORAL INTERVIEW SUMMARY RATING Potential Law Firms Overall presentation -This is an overall observation of the candidate during the interview process. Panelist's reaction to the overall interview- • Attitude • Experience • Presentation • Communication Skills • Organizational Skills SCORE: TECHNICAL EXPERIENCE (10) COMMUNICATIONS (10) MOTIVATION (10) OVERALL IMPRESSION (20) TOTAL (50) Additional Comments: S 2 D 2 @ 3 g. cn - n CD Et) CD 0. �—)/ /§�O CD- � ƒ0 U 2 q. ADO cn ) 0 � - CD CD • /-a D0 0 U 5' = 5 o / /' - jf q K / samiedioiunua %66 0 CD C § el■ 0 0 § \ • 0 , ] § CD E O § 0 a 3 § 0 0 \ • k C • m_ 2- • � a_ k D k- 0 a O @ § \ 3 E k' CD / CD aauie1aa aigissod k ■ 2 saee/ 'ie6uei gdasor saeei( 66 `saainbs Aef oCJI� 777 0 -= CD 3 % » 2 ¢ \ @ Ratwick, Rosnak, Maloney, P.A. - Minneapolis IVewwns I(auJopww.gA Ts!! payaelle Gas :sluailj (.0 k m Q CO w �km q o 0 CD ƒk o ?•o � o= a 3 r 0 1 CD ] -0 ] 0 - 0_ \ > § - 0 / k] D-0 ? I-0 -. C) $ ° -0 = ] - % k /.y cn / 2 ? -,--1 w E co � , • ,, _, 0 0 = _. 3�2 \ w m § - D - ] E Cl ? # e. CT; k %�= 7w _ o / f ƒ * « -0 > 1 co 70 $ 0 k 0 CD oƒ E �. K @.3- _ < o 0 O% a< // 5_ a£ 2 a (D § $ o n q / K 0 m k CD 0 0§ § 2 c§ 7 Rƒ e. 2 a'] 3 __ ¥ @ — § @ ] CD= CD _5. $ 0< 0-o / % q J < \ o r o o g o 0 3- y m2. W k ? § /19 J / q CD ƒ \ ƒ C k § 0 2 < O ƒ 3 F £ (D Q m o cn �I "k , I ƒ R c CD CD 0 /.- § ?_ '< 0 01 2 - 3 - — * 5' § D § c CD m r )> m m % o § 2 3' q } C ƒ -0 I ?. E ƒ b §. a :aui }noa -uoN / @ aeaA 8Z `uo}aoN D 0 saew(sz 'au!aH au! fuewwns Aeuao }4t/ /wai- 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 General counsel to the following Economic Development Authorities, Housing and Redevelopment Authorities, and Port Authorities: Brainerd Lino Lakes Burnsville Marshall Cambridge Monticello Chanhassen Richfield Columbia Heights Robbinsdale Cottage Grove Rosemount Crystal St. Louis Park Faribault Shakopee Kenyon Lino Lakes Townships: (some on specific projects) Baldwin Hampton Mantrap Scandia Valley Bemidji Helga Maplewood Scott Birch Creek Henrietta Medford Shafer Birchdale Henryville Munson Shamrock Castle Rock Hickory New Prairie Stanton Crooked Lake Irondale Norman Staples Daggett Brook Janesville Norway Ten Lake Denmark Kanabec Ogema Thorpe Ellsworth Kathio Oxford Trelipe Fair Haven Kimberly Rockwood Turtle Lake Farm Island Krain Roosevelt Udolpho Girard Lake Jessie Roseville Utica Grant Valley Lake Sarah Rutland Woodrow Grattan Leon San Francisco White Oak Greenwood LeSauk Wirt Gully Maine Prairie Special Purpose Represented Entities: Lake Minnetonka Conservation District Lower Rum River Watershed Management Local Government Information Service Watershed Management Commissions (LOGIS) Bassett Creek, Lower Rum River, Shingle Hennepin Recycling Group (HRG) Creek, West Mississippi Suburban Rate Authority (SRA) 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 = ] a $. / (D m n65 SU = 7_ o CD • co - SD 7 3 iv g <C #� -ƒ a ). j' 2 o 0= o 3 0 ] D ca § \ CD m 0 2 $ % co U) s - ƒ CA) » 0 CD % %a) ?K o k 7 • \ a_ • 3 § @ @ 3 o. -0 U ƒ 3 0 m g?„ =E Fa"- 11480d eaJpuy � § >1aed spoil is 0 m = o @ 0_ ] CCD = k »22 0 % o = - 2 o @ ! k 0 U) r -co q U) ¥ § U) a ƒk o -= co CD oS 0 3 .D CY CD us6s3 - uosi.nuyi Aii wwns Aauaolly /Will C- C 0 CO 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. Gun 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 Burns Kurt Ulrich Tom Johnson Bill Roddy Dave Sallman 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 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 Affiliations Minnesota State Bar Association Hennepin County Bar Association LIBERTY INSURANCE UNDERWRITERS, INC. LAWYERS PROFESSIONAL LIABILITY POLICY DECLARATIONS LIU 3001 Ed. 04 02 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 DURINI 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 $1,000,000 Aggregate DEDUCTIBLE: Ss , 0 0 0 Each Claim PREMIUM: $3,59ti.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 Fd.0402 This Declarations page, together with the Application, the attached Lawyers Professional Liability insurance Policy, and 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 Underwriter: Inc. 07/25/2007 Authorized Representative Issue Date LAW OFFICES OF Hawkins & Baumgartner, P.A. WnraAM G. HAWK INS SCOTT C. BAUMGARTNER ADAM E. DAHLEN June 30, 2008 Legal Assistants TAMMI J. UvEGES HOLLY G. PROVO City Administrator City of Lino Lakes 600 Town Center Parkway Lino Lakes, MN 55014 -1182 2140 Fouwni AVENUE NORTH ANoxa, MINNESOTA 55303 PHONE (763) 427 -8877 Fax (763) 421 -4213 E -MAiL HawkLaw 2@aol.com Please accept this letter as our proposal to provide prosecution 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. 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. Through my contact with Anoka County over the past twelve years, I have become quite familiar with the Judges and comfortable in my dealings with the various staff members. As court administration processes and procedures for each County tends to differ slightly, through my several years of dealings with Anoka County Court Administration, I have a firm grasp on this particular County's requirements relative to administrative and court proceedings. 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 on 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 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. June 30, 2008 Page 2 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. 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 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 criminal prosecutions, including preparation of complaints, witness interviews and file preparation for trial. As you can see, we specifically emphasize criminal prosecutions in our practice. 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 and criminal rules and procedures publications. 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 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. June 30, 2008 Page 3 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 Jeffrey A. Beahen Chief of Police Elk River Police Department 13077 Orono Parkway Elk River, MN 55330 (763) 635 -1201 Captain Tom Wells Anoka County Sheriffs Department 1530 Bunker Lake Blvd. Andover, MN 55304 Phone: (763) 754 -4524 Responsibilities To The City Tim Cruikshank City Administrator City of Anoka 2015 First Avenue North Anoka, MN 55303 (763) 576 -2710 The Honorable Barry A. Sullivan Judge of District Court Tenth Judicial District Anoka County Courthouse 325 East Main Street Anoka, MN 55303 (763) 323-6026 Our firm's approach to the relationship with our clients has always focused upon providing prompt and efficient representation of our clients' interests. In providing prosecutorial services, we realize that not only does the City rely upon our representation to adequately protect its citizens and see that justice is served, but so too does the law enforcement agencies who expect that the fruits of their labors will not be soured by poor, ineffective prosecution. Our firm enjoys its relationship with the various law enforcement agencies and perceives one of its roles as being an active participant with these agencies in advancing the safety and well -being of the citizens in the community. June 30, 2008 Page 4 Conflicts of Interest Our firm is aware of no conflicts of interest relative to serving as Lino Lakes' city prosecutors. 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 $105.00 per hour for attorney's time and $48.00 per hour for paralegal time. Our minimum billing increments are $10.50 for attorney time and $4.80 for paralegal time. It has been our practice in the past to make extensive use of legal assistants since, in the area of misdemeanor prosecutions, there is extensive work that does not need direct lawyer involvement other than supervision. The criminal law experience of our legal assistants has substantially reduced the prosecution costs that our clients would have had to pay. We would also be willing to consider a flat monthly retainer for criminal prosecution. We fmd this method to be beneficial to our clients who would like to better be able to budget for prosecutorial services. Should the City of Lino Lakes wish to choose a flat retainer option for criminal prosecution, we would propose to charge $12,154.00 per month. This figure is based upon our past 20 plus years of representation of the City of Lino Lakes for prosecution services, and knowledge as to the amount of time and resources necessary to properly and efficiently represent the City's criminal prosecution interests. While there is no minimum length of contract that we would require, we would guarantee that the legal rates 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. In addition, we would propose the following for billing and miscellaneous expenses: No Charge 1 Photocopying Charges No Charge Travel Time (Per hour rate charged to us by these database providers) Westlaw or Lexis Fees Mileage Charge $0.48 per mile No Charge Fax Charges June 30, 2008 Page 5 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 representation of the City of Lino Lakes' criminal prosecution interests. Please feel free to contact me if you desire any additional information concerning our proposal. Thank you for your consideration. (Actual cost billed for long distance calls only) Phone Charges Other Charges: 1. Filing Fees 2. Process Service Fees are charged at the actual rate that we are charged by these providers 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 representation of the City of Lino Lakes' criminal prosecution interests. Please feel free to contact me if you desire any additional information concerning our proposal. Thank you for your consideration. 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 Blacktern Professional Building (651) 222 -2541 Robin D. Tomney 3250 Rice Street Facsimile Joseph J. Murphy St. Paul, MN 55126 (651) 223 -5289 June 30, 2008 Mr. Gordon Heitke City Administrator City of Lino Lakes 600 Town Center Parkway Lino Lakes, MN 55014 -1182 Re: Proposal for Civil and/or Criminal Legal Services Dear Mr. Heitke: Please fmd 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 Conflicts. We are not aware of any conflicts between our existing clients and the City of Lino Lakes. In summary, we would welcome the opportunity to meet with the Mayor and Council Members. We are confident that Sweeney, Borer & Sweeney will provide the most professional and cost effective legal services to the City of Lino Lakes. If we can provide any further information, please contact me. PJS:jnb Enclosures 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. Tourney 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 13 2. Prosecuting Attorney — Criminal 14 3. Billing — General / format 14 J. Conclusion 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; 1 • 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 Sheriff's 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 Sheriff's 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 Sheriffs 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 'Crass & 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 a 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 `! : orer 14 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 & LEMMONS, P.A. c1 Patrick J. Kelly 444 CEDAR STREET, SUITE 2350 SAINT PAUL, MINNESOTA 55101 TELEPHONE 651- 224 -3781 FACSIMILE 651- 223 -8019 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 firm. 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 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 terminal. 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 but 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 • 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," Cleary 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 A 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, 1.984 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 r✓ww.mnbar.org July 2006 • Bench &Bar of Minnesota 23 Patrick Kelly: Family Man Patrick Kelly, it would seem, is the original multitasker, 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 x 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 fine'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.'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: $.20 per page. Facsimile: $1.00 per page. Long Distance: As incurred. Service of Process: charge from provider. Postage: postage rates in effect Mileage: 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: Patrick Kelly Chad Lemmons Associates: Trevor Oliver Christine Swanson Law Clerks: Kevin Beck Joe Kelly Vanessa Denis Knapp Fitzsimmons Erin Hooper Full -time support: Colleen Hermes (office manager) Michelle Hagland (paralegal /prosecution assistant) Natalie Liffrig (legal assistant) Shima Moolenaar (legal assistant) Resources 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. Proposal to Provide Civil Legal Services for The City of Lino Lakes July 1, 2008 Kelly L em mon , P.A. ATTORNEYS AT LAS' 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