HomeMy WebLinkAbout2000 02-07 CCP Work Session AGENDA
CITY COUNCIL WORK SESSION
FEBRUARY 7, 2000
6:00 P.M.
CONFERENCE ROOM B
1. Interviews with legal firms
6:00 p.m. Kennedy & Graven
7:00 p.m. Jensen, Bell, Converse & Erickson, P.A.
j3 2i1. J VJVVflV P,aYeY; & Swcrncy Canceled
2. Council discussion of interviews
3. Miscellaneous
4. Adjourn
BROOKLYN CENTER PROJECT STATUS REPORT
Report Date: 1 -18 -00
Staff Project Status Next Action
Contact
D. Spector Rehbein water hammer Follow up (repeat) offer Awaiting comments
' claim forwarded to D. Spector on 1- back from witnesses
18.00 and experts in response
to Rehbein witness
statement
D. Spector Transit hub agreement Proposed contract sent to D Completed
Spector on 12 -22 -99
M. McCauley Agreement and Proposed documents sent to Completed
Ordinance for M. McCauley on 12 -28 and
temporary classrooms 12- 29,1999
J. Bergeland Rental agreement form Proposed language sent to J. Awaiting comments
clarification Bergeland on 12 -29 -99
J. Chambers Listul v. BC Discovery on hold by mutual Second settlement
consent meeting set for 1 -18-
00
D. Spector Maintenance garage Settlement agreement in place. Awaiting report on
Settlement project work in additional work to be
progress done by contractor
J. Chambers Police and fire contract Meetings with contractors on Awaiting report in
claims hold until receipt of Bossard's response to second
detailed budget report — demand by J
expected by end of January Chambers
S. Knutson Mendota Valley v. BC Answer served 1 -5 -00 consider dismissal
fee resolution
amendment to avoid
future costs
J. Bergeland Marvin Windows Report sent to J Bergeland on Awaiting response
1 -10 -00
A. Finn Brooklyn Center Cares Report and forms to A. Finn Completed
12- 22 -99. Request from A.
Finn for additional waiver
form 12 -23 — Sent 1 -5 -00
R. Warren Brookdale PUD Completed
S. Knutson Data practices policy Policy to City on 12 -14 Appendix to City by 1-
28-00
CLL- 174116v1
BR291A
r
B. Hoffman Brooklyn Center Purchase agreement and threat Awaiting instructions
Associates sent to attorney; attorney
will
encroachment not return calls; need client
instruction on how and when
property will be barricaded so
we can prepare letter to
attorney
J. Downer Hotel ordinance To J. Downer on 4 -28 Completed
B. Hoffman Nuisance abatement B. Hoffman to set up meeting Awaiting scheduling
forms for special to discuss with code
assessment enforcement personnel
M. McCauley General review of ?
massage therapy
ordinances
M. McCauley Liquor store lease Oral agreement by manager To be forwarded to M.
extension weeks ago. Finally (1 -4-00) McCauley on 1 -19 -00
received opinion from
bankruptcy attorney that
bankruptcy court approval not
necessary. Business manager
requested city sign addendum
first.
D. Spector Park and Ride deed to Contract reviewed. E- mailed Preparing deed
Metropolitan Council — questions to D. Spector on 1-
received 1 -3 -00 17 -00. Confirmation received
1- 18 -00.
J. Bergeland Knights of Columbus Partial payment check cashed Awaiting instructions
collection
R. Warren Motel 6 Declaration Draft submitted to applicant Awaiting instructions
11 -99 on legal name of
landowner to complete
document
C. Hansen Report on legal fees to Information collected and Complete
defend claims for report reviewed and letter to C.
to state auditor Hansen on 1 -19 -00
M. McCauley Inquiry about census Letter to M. McCauley 1 -14- Complete
jobs 1 -7 -00 00
M. McCauley Evaluation of proposal Gathering information from Discuss with M.
to use design/build other cities on same McCauley by 1 -20 -00
process for city hall
project
S. Knutson Magical Magnets — Follow -up letter to S. Knutson Complete
opinion on massage on 1 -18 -00
operation
CLL- 174116v1
BR291 -4
M. McCauley Sale of liquor store to Ordinance forwarded; being Awaiting comments or
ISD 286 considered by council. Letter instructions
regarding lease /purchase
agreement to M. McCauley on
1 -18 -00
M. McCauley Dorglass v. City Monitoring case. Defense On -going
tendered to, and accepted by,
owner
B. Hoffman Boulevard Shoppes Closing on Lane Properties Complete
Acquisition — Lane mid -1999. Title company
behind in filing documents.
Have been informed that
documents are recorded and
title policy has been sent to B.
Hoffman
B. Hoffman Boulevard Shoppes — Title work in hand Awaiting instructions
Acquisition of Other to commence
Properties Condemnation
D. Spector Metricom Agreement Comments sent to D. Spector Complete
on 1 -13 -00
CLL- 174116v1
BR291 -4
� a
City of Brooklyn Center
A great place to start. A great place to stay.
To: Mayor Kragness and C uncil Members Hilstrom, Lasman, Nelson and Peppe
From: Michael J. McCauley
City Manager
Date: February 3, 2000
Re: Legal Firm Interviews
As indicated in your materials, the law firm of Sweeney, Borer, & Sweeney withdrew on Monday,
January 31 st from participation. Ms. Knutson called to inquire as to the reasons for their withdrawal.
A summary of her conversation is reprinted in the attached materials.
Attached please find:
- 2 sets of question forms for your convenience (the firms have received a copy of these
questions
- copy of the December 10, 1999 Council packet materials
- materials from the 2 firms being interviewed and evaluations forms from other cities
regarding those firms
- materials from the Sweeney, Borer, & Sweeney firm that withdrew.
Based on the supplemental information received, fee comparisons would be as follows:
Basic Fee to attend Council Meetings:
Kennedy & Graven Jensen. Bell. Converse. & Erickson
$950 monthly retainer $475 per meeting (this would be $950 in normal month)
Hourly Charges:
Kennedv & Graven Jensen, Bell. Converse. & Erickson
Attorney: $111 to $116 per hour $145 per hour
Clerks: $76 per hour $85 per hour
Paralegals $81 per hour $85 per hour
6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300
Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494
An Affirmative Action/ Equal Opportunities Employer
Ouestions: Name of Firm
1. Has the firm represented plaintiffs in actions brought against cities or counties?
- if the firm has represented plaintiffs who have sued cities or counties, describe how
often and in what type of cases
- if the firm has not represented plaintiffs, would it represent plaintiffs in the future?
2. Has the firm represented defendants in actions brought against them by cities or counties,
including eminent domain actions?
- if so, describe the type and frequency of such cases?
3. Does the firm do criminal defense work?
- if so, describe the volume of such work
4. What is the firm's focus in its practice?
5. Which individual will be the primary provider of civil legal services and be designated as
city attorney?
- follow up questions as needed on specifics of background and work load
- How many other cities /governmental bodies does the person represent as the chief
provider of legal services or as the contact person?
I
- What professional municipal organizations does the person participate in?
- What is nature of participation in municipal organizations, especially municipal
legal organizations?
- Has the designated attorney produced training materials, served on panels, or made
presentations to municipal attorneys or municipal officials?
6. Reviewing the materials submitted: have the firm explain:
- how the City's work load would be accommodated and given priority
- work flow process in handling City's work
7. What is the average amount of municipal billing by the firm?
- on an annual basis in total
- on an annual basis wY er lawyer (using usin the total number of lawyers in the firm)
p
8. Questions raised by the answers during the interview or to clarify materials submitted.
City of Brooklyn Center
A great place to start. A great place to stay.
To: Mayor Kragness and Council Members Hilstrom, Lasman, Nelson and Peppe
From: Michael J. McCaul
City Manager
Date: December 10, 1999
Re: Civil Legal Services
Pursuant to City Council policy, civil legal services are to be reviewed in 1999. Requests for
proposals were made late this summer. The request was published in Finance & Commerce, League
of Minnesota Cities Bulletin, and the Sun Post. In addition, copies were mailed to the firms that had
expressed an interest in 1994 when civil legal services were last reviewed and a few other firms. A
copy of the list of firms receiving the announcement is attached. Responses were due October 1,
1999. Five firms submitted proposals:
Barna, Guzy & Steffan, Ltd. Coon Rapids
Holstad & Knaak, P.L.C. Vadnais Heights
Jensen, Bell, Converse & Erickson, P.A. St. Paul
�l Kennedy & Graven, Chartered Minneapolis
Sweeney, Borer & Sweeney St. Paul
Ms. Finn prepared the attached chart comparing the proposals on a number of areas. As indicated
in the chart, there is variation in approaches. I assume most firms would discuss further the
compensation formulae. On the issue of cost, the greatest variable is the time spent on a project or
providing advice, rather than the hourly charge.
COST
In comparing the proposals, I would not recommend using a flat retainer of any substance. Many of
the proposals are based on our previous average civil billings, yet exclude many of the items that
would be included in those billings such as real estate matters, personnel matters, development, etc.
A modest retainer to attend Council meetings and review Council packets would be preferable. The
proposal by Kennedy & Graven for a flat $850 a month would appear advantageous. In reviewing
the other proposals, a similar retainer basis would probably be an item that could be negotiated. In
the period 1998 through 1999, the average billing for Kennedy & Graven has been $7,625 per month
for a variety of services, including areas excluded from most of the proposals. These costs are also
across all funds.
EXPERTISE /SUITABILITY
In reviewing the proposals, the policy provides that I recommend no more than 3 firms for Council
630 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 9 City Hall &TDD Number (612) 569-3300
Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494
An Affirmative Action /Equal Opportunities Employer
consideration. The three firms that would be recommended would be:
Kennedy & Graven, Chartered
Jensen Bell Converse & Erickson
P.A .
Sweeney, Borer & Sweeney
In reviewing the firms, their reputations, and capacities, these 3 firms would be the 3 firms I would
evaluate to be the top 3 proposals. If the Council wished to review all three, I would recommend
further research into the references and exploration beyond the proposals of the specific staff
assignments. Also, with respect to the Jensen, Bell, Converse & Erickson, P.A. proposal, the hourly
cost is the highest of the group and excludes the most matters from their proposed basis of
compensation. (As indicated previously, I do not feel that a high retainer based on previous annual
billings is workable, or advantageous to the City. Conversely, a high hourly rate is not necessarily
more expensive than a lower rate billed out at more hours.)
CITY COUNCIL
Civil legal services by the designated City Attorney is uniquely the City Council's province. It is
important that the City Manager and staff have confidence in and a working relationship with the
City Attorney, but it is most important that the City Council have a comfort level with the - City
Attorney. The City Attorney is one of two persons reporting directly to the City Council.
STAFF SURVEY
I requested staff input on the current provision of civil legal services. Attached is a summary of the
results and comments from Ms. Chambers and the Department Heads. The surveys reflect both
satisfaction and concerns. The largest areas of concern are timeliness and assistance in decision
making.
RECOMMENDATION
In reviewing the staff survey and my own experiences, I believe that it is beneficial to approach civil
legal services by unbundling civil legal services into components. We have previously separated
bond counsel and development from the general civil legal services. This separation occurred when
I could not get remotely timely assistance on Brookdale document drafting and had to draft my own
summary in order to meet a deadline. Briggs & Morgan has met our needs in a timely fashion since
the switch. Bond counsel is an area that was to be reviewed after the separation, but has not been
reviewed since we are still in process on the Brookdale redevelopment and it would not be
advantageous to potentially change in the middle of the process.
We have also used specialized attorneys on some labor matters where this has been appropriate. I
would recommend that civil legal services involving the designation as City Attorney be used for:
- Council Meetings
- ordinances
- planning and zoning routine matters
- routine public works contracts, special assessments etc.
- general municipal advice
- routine enterprise fund contracts and advice.
- pension
But I would recommend that the following be provided on the basis of the evaluation as to the best
source of service:
- labor matters
- personnel
- development/redevelopment (this would likely best be done by one firm)
- bond (this would likely best be done by one firm, potentially the same as
development)
- real estate.
A number of unique or specialized matters have been handled by outside firms and the City
Attorney's firm. This has been to our advantage, or has been necessary to have the appropriate
person handling a matter. This is preferable to having one firm provide all civil services. General
matters may be handled in a satisfactory manner, while specialized suffer in a given instance.
Separation allows us to have the best of both.
The matter is on the Council agenda for Council direction as to how you would like to proceed with
your review of civil legal services.
ghbm
Kennedy & Graven Ltd. Sweeney, Borer & Sweeney Carson, Clelland & Schreder
470 Pillsbury Center 386 North Wabasha Street 6300 Shingle Creek Parkway, Suite 305
youth 6th Street St. Paul, MN 55102 Brooklyn Center, MN 55430 -2190
Ivy— aeapolis, MN 55402
Barra, Guzy & Steffen, Ltd. Babcock, Locher, Neilson & Mannella Campbell, Knutson, Scott & Fuchs, P.A.
200 Coon Rapid Boulevard 118 East Main 1380 Corporate Center Curve
400 NOrthtown Financial Plaza Anoka, MN 55303 Eagandale Office Center, Suite 317
Coon Rapids, MN 55433 -5894 Eagan, MN 55121
Bannigan & Kelly, P.A. Peterson, Bell, Converse & Jensen Lang, Pauly, Gregerson, & Rosow, Ltd.
1750 North Central Life Tower 30 East 7th Street 1600 IBM Park Building
445 Minnesota Street St. Paul, MN 55101 650 3rd Avenue South
St. Paul, MN 55101 Minneapolis, MN 55402
Thomsen & Nybeck, P.A.
Suite 600 Best & Flanagan Briggs & Morgan
Edinborough Corporate Center East 4000 US Bank Place 2400 IDS Center
3300 Edinborough Way 601 Second Avenue South Minneapolis, MN 55402
Edina, MN 55435 Minneapolis, MN 55402 -4331
Dorsey & Whitney Mr. Timothy Kuntz
Pillsbury Center South LeVander, Gillen & Miller, P.A.
220 South Sixth Street 633 South Concord Street
' -ieapolis, MN 55402 South St. Paul, MN 55075
MEMORANDUM
November 12,-1999
TO: Michael McCauley, City Manager
FROM: Anne Finn, Administrative Specialist
SUBJECT: Civil Legal Services Proposals
Attached is a summary of the proposals received in response to the City's civil legal services RFP.
The following firms responded:
• Barna, Guzy & Steffan, Ltd.
• Holstad & Knack, P.L.C.
• Jensen, Bell, Converse & Erickson, P.A.
• Kennedy & Graven, Chartered
• Sweeney, Borer & Sweeney
I have also attached a copy of the "Fees" portion of the Jessen, Bell, Converse & Erickson
proposal. You mentioned that you thought they offered alternative structures for attorney fees
depending on what services the City should request and/or whether the City opts to be billed for
services under a retainer arrangement. I did not find any alternatives in their proposal.
Please let me know if you want me to revise the summary or if you need further information.
: s:::::::: i::::;::: s;%:: ..::::::::::: i::: �:: i�:;::::>::: G:$::::::::::::;:::::::;::::::::::::::::::.;::;:. f;::::::::::: i` �::::::%::>; t�::;: f;:>.;;:::;:..:.,.:::: .:: :
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Kennedv & Graven • City of Brooklyn Center 5850 /month • review of agenda materials • long- distance phone 5111/hour $81/hour
470 Pillsbury Center • City of Brooklyn Park • attendance at Council meetings charges, title searches, (civil)
200 South Sixth Street • City of Cambridge postage, messenger
Minneapolis, MN 55402 • City of Cottage Grove services, filing fees, on -line $116/hour
• City of Crystal charges for computer (litigation &
Attorneys: • City of Independence research at cost admin.
Charlie LeFevere • City of Kenyon • faxing at 5.50 /page proceedings)
Ron Batty • City of Lauderdale • photocopies at 5.20 /page
Dan Greensweig • City of Loretto with discounts for large $123/hour
• City of Medina projects (attorneys
• City of Mound • mileage at 5.31 /mile costs passed
• City of Mounds View through
• City of New Brighton developers)
• City of Richfield
• City of Robbinsdale
• City of Rosemount
• City of Sandstone
• City of Shakopee
• City of West Concord
• Lake Minnetonka
Conservation District
• LOGIS
• Hennepin Recycling Group
• Suburban Rate Authority
• Bassett Creek Water
Management Commission
• Lower Rum River Watershed
Management Commission
• Shingle Creek Watershed
Management Commission
• West Mississippi Watershed
Management Commission
• a number of others in varying
capacities
Sweenev. Borer & Sweenev • City of Blaine none proposed N/A • out -of- pocket expenses $97.50/hour $45/hour
Suite 1200 • City of Isle (negotiable, see p. such as postage, long
386 North Wabasha Street • City of Little Canada 18) distance, etc., at cost
St. Paul, MN 55102 • Lutheran Social Services of • mileage will not be billed
Minnesota
Attorneys: • Metropolitan Airports
George Borer Commission
Patrick Sweeney • Ramsey County Community
Human Services
AF/miscellaneous/legal November 12, 1999 Page 4
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Jensen. Bell. Converse & • City of Vadnais Heights Monthly retainer • attendance at regular Council meetings work on special projects $145/hour $85/hour
Erickson • City of White Bear Lake approximating one- • preparation of all ordinances and where financing is
1500 MN World Trade Center • City of Roseville twelfth of the last resolutions included, litigation matters,
30 East Seventh Street • Town of White Bear 12 months of legal • attendance at special meetings with some development projects
St. Paul, MN 55101 • Richfield civil billings exceptions where fees are passed to
Woodbury developer, nil estate
Attorneys: • New Brighton transactions, revisions or
Roger A. Jensen • Ramsey County compilations of the City's
Caroline Bell Beckman code, labor and personnel
Mitchell W. Converse matters, income producing
leases or contracts billed as
follows:
attorney: $145/hour
- paralegal: $85
• in -house photocopying at
5.20 /page
• outside photocopying at
cost
• messenger services at cost
• Westlaw minutes at cost
i
AF /miscellaneouOegal November 12, 1999 Page 3
Civil Legal Services Proposals
memo=
Barra. Guzv & Steffen • Cass County average of what we • civil municipal services • Westlaw at cost $105/hour S45/hour
400 Northtown Financial Plaza • City of Coon Rapids have paid over last • clerical services • employment and labor (W/ retainer, (w/ retainer,
200 Coon Rapids Boulevard • Crow Wing County 3 years (for first • printing relations counseling, civil for non- for non-
Coon Rapids, MN 55433 • Frecbom County two years only, then • mileage litigation services as retainer retainer
• Inver Grove Heights they will evaluate) • photocopies follows: services) services)
Attorneys: • Kandiyohi County • facsimile -shareholder. 5105/hour
James D. Hoeft • League of MN Cities - associate: $85/hour $90/hour $50/hour
Bemard E. Steffen • Lino Lakes -paralegal: S45/hour (W/Out (W/Out
Scott M. Lepak • City of Maple Grove -law clerk: S45/hour retainer, for retainer, for
Gregg V. Herrick • Martin County • without retainer, all all services) all services)
Virgil C. Herrick • MnSCU services billed as follows:
Christopher J. Do La Forest • Monticello Big Lake -attomeys: $90/hour
Community Hospital District -paralegal: $50/hour
• Morrison County -law clerk: $30/hour
• Otter Tail County
• City of Ramsey
• Redwood County
• Sherburne County
• Steams County
• Steele County
• Todd County
AF/rniscellaneouAegal November 12, 1999 Page 1
A ..... .
.........
.... .......
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...........
......... ............
Holstad & Knaak • City of Fridley $5,000/month • attendance at all Council meetings • individual litigation files S75/hour $50/hour
3515 Vadnais Center Drive • City of Lake Elmo (former • drafting and review of ordinances, beyond ten hours in any
Suite 130 client) resolutions and correspondence month at hourly rate
Vadnais Heights, hM 551 • City of Newport • review of Council and Commission • long distance over
• White Bear Conservation agendas and minutes $25/month
Attorneys: District • codification of ordinances on current • copies and time over 500
Frederick W. ffritz) Knaak basis copies/month
two associates (unnamed) • meetings/phone conversations with • Westlaw minutes over 30
mayor, Council, city manager, dept minutes/month
heads, staff
• review of contracts
• representation in the acquisition of
properties, for public improvements,
casements, parks
• representation in condemnation
proceedings
• representation in enforcement of City
codes
• interpretation and advice regarding
municipal employment matters including
PELRA, labor agreements, personnel
policy, FLSA, veteran's preference,
unemployment compensation
• research on municipal or other legal
matters
• briefings on legislation affecting City
• written updates and compliance
recommendations on state and federal
legislation or judicial holding impacting
City
• defend City in litigation (except where
insurance provides defense)
• representation in worker's compensation
• review bond and insurance requirements
• prepare deeds, easements an other for
recording purposes
• review documents submitted by bond
counsel involving the issuance of debt
related instruments
• long distance calls up to $25/month
• copying up to 500 copies/month
• 30 minutes of Westlaw time/month
AF/miscellawousAegal November 12, 1999 Page 2
This survey form was sent to the Assistant City Manager and the S department heads. If the
number of responses in a category does not total 6, it is because the Department Head marked as
not applicable or did not fill out that category. The comments are the comments received with the
survey forms.
This year, civil legal services proposals were solicited pursuant to the regular schedule of review
adopted by the City Council. In reviewing the proposals, I would like your input prior to submitting
the materials to the City Council. Please review and answer the following questions by Tuesday,
December 7th.
How would you rate the current civil legal services on the following aspects?
A) Response to legal issues /questions is:
1. Prompt almost always
! 4_ usually
2 sometimes
not usually
2. Complete _3_ almost always
_1_ usually
2 sometimes
not usually
3. Gives and understandable and usable answer
_2_ almost always
_3_ usually
1 sometimes
not usually
4. Definitive: a direct answer to guide decision making
_3_ almost always
usually
sometimes
! 2_ not usually
Comments:
Firm has a number of well qualified people, especially Jim Strommen on franchise
issues, Mac LeFevre. I've always gotten more than enough commentary from Charlie
LeFevere, obviously well versed on a variety of topics
I find it difficult to contact City Attorney's Office, phone calls get returned day)s)
later. If my question requires research it has been my experience that I end up asking
or reminding them several times before I receive the work.
Never seem to provide me with definitive answers.
B) Accessibility
1. Are you able to contact or receive return calls in a timely fashion?
— 2 — almost always
2
usually
-- y
_1_ sometimes
— 1 — not usually
Comments:
This has been a big problem for me - calls are routinely returned days later.
Always voice mail - but they (Charlie & Mac) do return phone calls.
C) Projects
1. Are projects completed in a timely fashion?
almost always
— 2 — usually
_2_ sometimes
_1 not usually
2. Are projects completed in an accurate manner?
— 2_ usually
1 between usually and sometimes
sometimes
not usually
3. Are projects completed in a comprehensive fashion?
— 2 — almost always
— 1 — usually
1 sometimes
— 1 — not usually
Comments:
Some of the "lesser" issues might take a follow up prompt.
I seldom have contacts with the attorney which rise to the level of a project.
As an example on 6/98 I spoke with City Attorneys Office re: City purchase
agreement for Bob Bradley property. Three (3) minor changes were necessary; the
amount of earnest money, closing date and a paragraph allowing him to trade the
property in compliance with IRS rules. The changes were made as we spoke over the
phone. I was told I would have the agreement for the following Monday Council
meeting. I didn't get it and was forced to carry it over to next Council meeting. For
over a year now I have been trying to conclude the sale of a small strip of land owned
by the City upon which Art Petrie has a parking lot constructed. I get virtually no
follow up on this matter from the City Attorney's Office.
I went to a closing on one of the homes on 69th and from this past year. At the
closing I noticed that owners names were spelled wrong along with other errors. The
attorney handling the closing really didn't know how to resolve the issue. I had to
direct him to contact his office have new documents drafted now and messengered
to us. He wanted to go back to the office and bring them back himself. A very routine
closing ended up taking most of the afternoon over this. Didn't make us look good.
I find that instructions /requests have to be repeated often to get finished product.
Projects are "passed off' to other persons and sometimes, you have to start all over
with information.
D) Representation or assistance in dealing with others.
1. Have you been satisfied with the assistance or representation during
negotiations or hearings?
almost always
_2_ usually
1 sometimes
not usually
3 not applicable
Comments:
Limited dealings. Charlie's done well on special assessment appeals. Arbitrations
have been good to ok.
I seldom am involved in negotiations.
In the past it has been quite good but for the past few years it has really gone down
hill. A different firm now does majority of the EDA work.
Not aggressive at meetings. Sometimes, that could be of assistance.
Have not used.
E) Are there changes in how civil legal services are provided that you would see as
beneficial such as a greater unbundling specialized projects from the general retainer
to allow for more choice of service providers on project by project basis?
Comments:
I like having Charlie LeFevere as a "gate keeper" - he's much better tuned into
specialties and is frank enough to admit when someone else would better serve.
None noted.
I would prefer to be able to shop EDA work out from contracts to acquisitions etc.
I am very happy with Briggs & Morgan.
Yes, I would like to see more concentrated "expertise" on personnel subjects, etc.
It would seem to me that unbundling would allow to pick the best legal counsel in the
field you need - advise on counseling.
F) Please provide any comments you have regarding civil legal services:
It is important to Public Works to have single contact who is conversant with the
variety of issues. We do not have great demands for specialized services, mostly - is
contract/agreement /resolution; can we get agreements or deed drafted or recorded.
Continuity & familiarity with the history of issues is more important than choice.
I cannot depend upon this firm to provide the type of legal assistance the EDA
requires if we are going to be aggressive about redevelopment.
Perhaps we need the freedom to hire direct expertise for specific issues.
I have not used our legal services very extensively over the past years, but it is my
feeling that when I have used our legal service it is sometimes hard to get a definitive
answer to questions that need to be answered. I sometimes feel like I have been
walked around in a circle rather than receive a clean and concise answer. Also, when
I have attended council meeting and questions have been addressed to our legal
counsel it seems to me that the council seldom receives an immediate answer to their
questions, but more often that not are told we will have to research or take under
advisement and will get back at a later date. It seems to me that legal counsel with
many years of background in municipal law should have been able to give some
immediate answers to some to the questions asked of them, I realize that many
questions due take research, but some of them should be able to have an immediate
answer.
SECTION 1. REQUEST FOR PROPOSALS
The City of Brooklyn Center is accepting proposals for civil legal services for the City.
Included in this RFP are the following:
1. A more detailed description of the services to be provided.
2. An outline of proposal requirements.
Submitted proposals will be reviewed by the City Manager, who will recommend to the City Council
no more than three firms as finalists for City Council consideration.
In order to ensure a fair review and'selection proq, .-ss. firms submitting proposals are snecifically
requested not to Traake other contacts to City staff
or Council Members re gardin g these nronosals.
SECTION II. INSTRUCTIONS TO PROPOSERS
A. Proposals should be submitted to Sharon Knutson, City Clerk, City of Brooklyn
Center, 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430. Proposals must
be received no later than 4:30 p.m. on October 1, 1999.
B. All proposals submitted must provide information as indicated 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.
SECTION III. REQUIRED CONTENTS FOR PROPOSALS
A. Firm Background
1. Name of firm.
2. Address(es), phone number(s), and fax number(s) of firm.
3. Brief history of firm.,
4. Number of attorneys by their specialties.
5. Number of paralegals by their specialties.
6. Number and position titles of support personnel.
7. Description of office organization (organizational chart).
8. Flow chart of work process for municipal civil law work.
B. Attorney Qualifications
1. Identify each attorney, paralegal, and support personnel who will be
supplying services for which the City will be billed.
1
i
2. For each person identified, please state:
• Their relevant academic training and degrees.
• A description of their prior experience in civil law matters and an
estimate of the hours or percentage of their work in this area during
the past four years.
• Number of years with your firm, position title(s) and years in these
positions, and areas of responsibility with-your firm.
• Other background or experience which may be helpful in evaluating
your proposal.
3. A description of the proposed allocation of work between the attorney(s) and
support personnel identified (i.e., who will be the primary city attorney and
what work will be handled by junior partners, associates, or paralegals).
4. Current principal responsibilities for individual designated as primary city
attorney including a statement indicating future availability.
5. A description of the availability of and identification of experienced backup
attorneys in the case of illness, turnover, or other loss of personnel.
C. Firm Qualifications
1. The names and telephone numbers of three client references whom the City
may contact. If your firm has represented any municipalities or governmental
agencies during the last four years, state the name of that municipality or
agency and the name, title, and telephone number of a reference at that
municipality or agency whom the City may contact. If your firm has
represented such an entity but does not wish the City to contact that entity,
list the name of the municipality or agency, and state your reasons why no
contact is requested.
2. A statement of how the workload of Brooklyn Center would be
accommodated and what kind of priority it would be given.
3. Statement of total 1998 billings related to municipal civil law services and
percentage of municipal civil law services to total billings.
D. Fees
1. Your proposal for the dollar amount of fixed and/or hourly fees and costs
your firm will charge for providing the legal services for civil law matters to
the City of Brooklyn Center 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 state separately the rate of any firm
cost items to be billed (e.g., photocopying).
2
2. The City of Brooklyn Center requests monthly billing statements which:
• Itemize the date of services.
• Identify the attorney, paralegal, and/or support personnel
providing the services.
• List time spent.
• Provide a detailed description of the services P erformed.
• State the fees for those services.
• Organize billing on the basis of activity and contact.
• Summarize monthly (and annually) costs by type of activity.
If another billing format will be proposed, please describe that format and provide a sample.
SECTION IV,, CIVIL LAW SERVICES DESCRIPTION,
The services and qualifications that are required for Brooklyn Center civil law services include; but
are not limited to, the following areas:
A. General municipal laws and charters.
B. General state and federal laws relating to municipal government.
C. Zoning, housing, and economic development activities including development,
redevelopment, enforcement, and property and real estate law.
D. Laws relating to human resources including employment law, labor law, and
workers' compensation.
E. Ordinance and resolution development and interpretation.
F. Contract law.
G. Environmental law.
H. The primary city attorney or a qualified backup from the firm must attend and
participate in City Council meetings.
I. Trial activity.
J. Location of a fax machine at your firm's office.
K. The primary city attorney for the City must have a minimum of at least five years
experience in the municipal law field.
3
L. Attend ther as requested b Manager.
o meetings qu d y City g
SECTION V. PROPOSAL EVALUATION AND CONTRACT AWARD
A. The City intends to award a contract to the proposer evaluated to be best qualified to
perform the work for the City, cost, and other factors considered.
B. Based upon the evaluation, the City Manager will recommend to the City Council the
selection of the firms judged to be the most responsive and responsible proposers.
The actual selection of the firm and contract award will be made by the City Council.
C. The City shall not be liable for any expenses incurred by the proposer including, but
not limited to, expenses associated with the preparation of the proposal, preparation
of a cost proposal or final contract negotiations.
D. The City of Brooklyn Center reserves the right to reject any and all proposals or to
request additional information from all proposers.
SECTION VI. CONTRACT EXECUTION
A. Contract Negotiations
Notwithstanding a contract award, the City reserves the right to negotiate the final
terms and conditions of the contract to be executed. Should the City and the
proposer to whom the contract is recommended to be awarded be unable to mutually
agree upon the entire contract, the City reserves the right to discontinue negotiations,
select another proposer or reject all the proposals.
Upon completion of negotiations agreeable to the City and the proposer, a contract
shall be executed.
B. Contract Ethics
I . No elected official or employee of the City who exercises any responsibilities
in the review, approval; or implementation of the' proposal or contract shall
participate in any decisions which affects his or her direct or indirect personal
or financial interest.
2. It is a breach of ethical standards for any person to offer, give or agree to give
any City employee or Council Member, or for any City employee or Council
Member to solicit, demand, accept, or agree to accept from another person or
firm, a gratuity or an offer of employment whenever a reasonably prudent
person would conclude that such consideration was motivated by an
4
individual, group or corporate desire to obtain special, preferential, or more
favorable treatment than is normally accorded to the general public.
3. The firm shall not assign any interest in this contract and shall not transfer
any interest in the same without the prior written consent of the City.
4. The firm shall not accept any client or project which places it in a conflict of
interest with its representation of the City of Brooklyn Center. If such a
conflict of interest is subsequently discovered, the City shall be promptly
notified.
SECTION VII. CITY INFORMATION
A. City Organization
The City of Brooklyn Center was incorporated in 1911 and is a Charter City. It has
a Council/Manager form of government. The City provides a full array of municipal
services and general administrative functions.
1. City Council. The City Council, composed of four members and the Mayor,
is the legislative and policy making body of the City. The Mayor, who
presides over the City Council meetings, is elected at large. All Council
Members are also elected at large. Council Members and the Mayor are
elected for four -year terms.
Set forth in the following table is information pertaining to the City Council:
Term Expires
Mayor Myrna Kragness December 31, 2002
Councilmember Debra Hilstrom December 31, 2002
Councilmember Kay Lasman December 31, 2000
Councilmember Ed Nelson December 31, 2002
Councilmember Robert Peppe December 31, 2000
2. City Manager. The City Manager is the chief executive and administrative
officer of the City. The City Manager reviews and coordinates all matters
coming before the City Council. He is responsible for the implementation of
Council direction and the coordination and management of City departments
on a daily basis.
3. City staff. The City Manager implements Council direction through the
department heads of City departments.
5
Jensen, Bell, Converse
and Erickson, P.A.
LAW OFFICES OF
" JENSEN, BELL, CONVERSE & ERICKSON, P.A.
formerly Peterson, Bell, Converse & Jensen, P.A.
Robert C. Bell 1500 Minnesota World Trade Center
Willard L. Converse 30 East Seventh Street Of Counsel
Roger A. Jensen St. Paul, MN 55101 Kurt F. Walther
James C. Erickson *t
Carol A. Baldwin
Caroline Bell Beckman Telephone (651) 223 -4999
Charles R. Bartholdi Facsimile (651) 223 -4987
Mitchell W. Converse
Shari A. Jacobus
January 31, 2000
Mr. Michael J. McCauley
City Manager
City of Brooklyn Center
6301 Shingle Creek Parkway
Brooklyn Center, MN 55430 -2199
Dear Mr. McCauley:
Thank you for informing us that we will be interviewed by the City Council on February 7, 2000.
As you requested, here is a revised fee proposal:
Regular Council Meetings including preparation time: $475.00
All other services:
Hourly charge of:
• Attorneys $145.00
• Paralegal and Law Clerks 85.00
Billing nvoices are detailed showing:
g � : g
• Date of work.
• Name of Attorney, Paralegal or Law Clerk who performed work.
• Short statement of what was done.
• Time spent to do the work, in tenths of an hour.
• Itemization of any costs.
*Also Admitted in Wisconsin
tCivil Trial Specialist, Certified by the Civil Litigation Section of the Minnesota State Bar Association.
Page 2
01/31/00
We realize that some municipal attorneys may quote hourly rates less than ours. We emphasize
that it is not the hourly rate, but the time taken to perform the legal task involved that controls the
amount of the bill. If our experience enables us to quickly answer a legal question and so bill ten
minutes time ($24.00) and it takes a less experienced municipal lawyer an hour to research the
same question and bill, say, $95.00 for that hour, the savings from our expertise is substantial.
We look forward to meeting with you and the Council on February 7, 2000.
Very truly yours,
JENSENj ;ERSE & ERICKSON
A. Jensen
RAJ /smm
City of White Bear Lake
4701 Highway 61 • White Bear Lake, Minnesota 55110
TDD (651) 429 -8511 • Fax (651) 429 -8500
Phone (651) 429 -8526
t
- t s
S
January 31, 2000
Michael J. McCauley
City Manager
City of Brooklyn Center
6301 Shingle Creek Parkway
Brooklyn Center, MN 55430 -2199
Dear Michael:
I am pleased to serve as a reference for the law firm of Jensen, Bell, Converse, &
Erickson as it is considered as a provider of legal services to Brooklyn Center.
have worked with this firm in its capacity of City Attorney for over 13 years.
While much of the contact is with Roger Jensen, I have worked closely with
several other members of the firm on issues ranging from legal counsel at City
Council meetings to defending or representing the City in complex litigation. In
all cases, I have found Mr. Jensen and his colleagues to be highly prepared,
extremely responsive, and consistent in their sound legal advice and defenses.
The firm has represented this City in matters involving employment,
redevelopment, labor, special assessment, real estate, general legislation, and
other areas filling the full range of municipal law. I have always found the
lawyers to be extremely thorough and fully prepared on each case. The firm's
representation of White Bear Lake and other municipalities has given it a great
deal of experience in municipal law, which I believe benefits all its municipal
clients greatly. As our city has worked its way through complex redevelopment,
special assessment, and zoning challenges, the firm's experience has led us well
and directly contributed to several successful outcomes.
Through conversation with the Mayor and City Council members, as well as City
staff, I know that they are highly confident in the legal counsel provided by this
firm, especially that of Roger Jensen. They feel very comfortable calling for
advice and direction and, over 13 years, those services have greatly assisted the
legislative and administrative process in White Bear Lake. Mr.. Jensen's
responses to inquiries have always been prompt, objective, easily understood
and based on sound legal knowledge. Responses to the Council and staff have
not only answered their questions, but also aided in their understanding of the
legal principles involved. Additionally, I have come to know that Mr. Jensen and
his firm are very well respected within the legal community, by lawyers and
judges alike. Without reservation, I would recommend this firm to provide the
services of City Attorney.
Good luck in your selection process.
Best Regard
L.- L'
Mark ather
City Manager
cv
The City of Brooklyn Center, pursuant to City Council policy, is reviewing 3 proposals for civil
legal services. The Mayor and City Council would appreciate your assistance in reviewing
these proposals by completing this survey regarding the provision of civil legal services to the
City of WRITE. BEAR LAKE by the firm of JENSEN. BELL. CONVERSE & ERICKSON
How would you rate the current civil legal services on the following aspects?
A) Response to legal issues /questions is:
1. Prompt x alp st ays
usually
sometimes
not usually
2. Complete x t t �
sometimes
not usually
3. Gives and understandable and usable answer
x
usual
sometimes
not usually
4. Definitive: a direct answer . e decision making
X a smway
us
sometimes
not usually
Comments: PLEA SEE COBS IN ATTACHED LFTTER
B) Accessibility
1. Are you able to contact or receive return calls in a timely fashion?
X aknc a ays
usually
sometimes
not usually
Comments: PLEASE SEE ATTACHED LETTER
C) Projects
1. Are projects completed in a timely fashion?
x .al ays
usually
sometimes
not usually
2. Are projects completed in an accurate manner?
x %laws ways
usual
sometimes
not usually
I Are projects completed in a comprehensive shion?
x -al ways
usually
sometimes
not usually
Comments: PLEASE SEE ATTACHED LETTER
D) Representation or assistance in dealing with others.
1. Have you been satisfied d with the assistance or representation during
negotiations or hearings?
x ways
usual
sometimes
not usually
Comments: PLEASE SEE ATTACHED LETTER
LAW OFFICES OF
JENSEN, BELL, CONVERSE & ERICKSON, P.A.
formerly Peterson, Bell, Converse & Jensen, P.A.
Robert C. Bell 1500 Minnesota World Trade Center
Willard L. Converse 30 East Seventh Street Of Counsel
Roger A. Jensen St. Paul, MN 55101 Kurt F. Walther
James C. Erickson *t
Carol A. Baldwin
Caroline Bell Beckman Telephone (651) 223 -4999
Charles R. Bartholdi Facsimile (651) 223 -4987
Mitchell W. Converse
Shari A. Jacobus
September 29, 1999
Ms. Sharon Knutson
City Clerk
City of Brooklyn Center
6301 Shingle Creek Parkway
Brooklyn Center, MN 55430
Re: Proposal for Civil Legal Services
Dear Ms. Knutson:
Enclosed are the original and six copies of our proposal for civil legal services for the
City of Brooklyn Center. Please call if you have any questions. Thank you.
Very truly yours,
JENSEN, BELL,/ ONVERSE & E CKSON, P.A.
o er A. Jensen
/dl
Enclosures
*Also Admitted in Wisconsin
CCivil Trial Specialist, Certified by the Civil Litigation Section of the Minnesota State Bar Association.
' r v
PROPOSAL FOR
CIVIL LEGAL SERVICES
for
` CITY OF BROOKLYN CENTER
6301 Shingle Creek Parkway
Brooklyn Center, Minnesota 55430
�J
SUBMITTED BY THE LAW FIRM OF
JENSEN, BELL, CONVERSE & ERICKSON, P.A.
(formerly Peterson, Bell, Converse & Jensen, P.A.)
1500 Minnesota World Trade Center
30 East Seventh Street
St. Paul, MN 55101
Phone: (651) 223 -4999
Facsimile. (651) 223 -4987
Contact Person: Roger A. Jensen
Dated September 28, 1999
LAW FIRM BACKGROUND
The law firm of Jensen, Bell, Converse & Erickson, P.A. was founded in 1962 as "Peterson,
Bell & Converse" by Erwin A. Peterson, Robert C. Bell, and Willard L. Converse, who were then
partners in a large Minneapolis /St. Paul law firm (Robins, Davis, & Lyons; now Robins, Kaplan,
Miller & Ciresi). Since the Firm's founding, municipal law has remained a mainstay of the Firm
and accounts for over one -fifth of the Firm's legal work. We are the city attorneys for the City of
Vadnais Heights and City of White Bear Lake, and prosecuting attorneys for the City of Roseville,
City of Vadnais Heights, and White Bear Township.
! ATTORNEYS AND OFFICE PERSONNEL
i{
The Firm's ten attorneys and their specializations include: Roger A. Jensen (municipal
law, labor and employment law); Robert C. Bell (municipal law and casualty litigation); Willard
r;
L. Converse (municipal law and casualty litigation); James C. Erickson (casualty litigation,
arbitration and mediation, and municipal law); Caroline Bell Beckman (municipal law [civil and
prosecution], workers' compensation, and casualty litigation); Carol A. Baldwin (employment
law); Mitchell W. Converse (municipal law [civil and prosecution], employee benefits, and real
estate law); Charles R. Bartholdi (real estate, probate, and estate planning); Shari Jacobus
(prosecution and family law); Kurt Walther (associates with Firm pertaining to workers'
compensation law).
The attorneys work together with a staff of experienced paralegals: Denise Letendre
(municipal civil and prosecution law), Cathy Kummet (workers' compensation and casualty
litigation), and Arlene Petschl (municipal civil and casualty litigation). Legal support personnel
include a staff of three experienced secretaries, one secretary- receptionist, and one law clerk.
The Firm's office manager, Liz Blaisdell, supervises the entire support personnel staff.
CURRENT USE OF TECHNOLOGY
In July of this year the Firm expended $90,000 for a completely new integrated
computer - network system to provide efficient, quality service, including making our Firm Y2K
compliant.
1
MUNICIPAL CIVIL WORK
_ The law firm has represented Minnesota municipalities since its inception.
In 1962 the Firm (with Robert C. Bell as lead attorney) began representing the City of
Roseville, which association continued until Mr. Bell's resignation as lead attorney in 1998.
In 1968 the Firm became the city attorneys for the City of Vadnais Heights with Willard
L. Converse being the lead attorney until 1997. Caroline Bell Beckman then became, and
continues to be, the lead attorney.
In 1978 the Firm became the city attorneys for the City of White Bear Lake (a charter
city) with Roger A. Jensen as lead attorney. The City choose a new city attorney in 1981. In
1987 the City returned to our firm and that association has continued to this day with Roger
Jensen as lead attorney.
There are few law firms in this state which have the continued representation of cities
equal to or exceeding our law firm. We have achieved that longevity and continuity by
providing quality legal services at an affordable price, by giving objective advice to every
member of the council, chief operating officer, and all staff members; and by working closely
with consultants to achieve a harmonious working relationship.
In addition to our municipal civil work, the Firm is the prosecuting attorney for the City
of Roseville, City of Vadnais Heights, and Town of White Bear.
The Firm has al hoc legal work in the areas of employment
so performed specialized, ad h g p ym ent
law for the cities of Richfield, Woodbury, and New Brighton; and acquisition of property by
eminent domain for Ramsey County.
MUNICIPAL ATTORNEYS
The Firm has five attorneys experienced in municipal law:
• Roger A. Jensen has served as city attorney for the City of White Bear Lake for more
than 14 years. He has also provided legal services to the cities of Richfield,
Woodbury, and NewBrighton when they have had special needs in employment law.
Approximately 40 percent of Mr. Jensen's time is spent on municipal work.
Education: St. Olaf College (B.A., 1964); Valparaiso University (J.D., 1967).
Admitted to Bar, Minnesota (1967); U.S. Court of Military Appeals; United States
District Court, District Court of Minnesota; Eighth Circuit Court of Appeals; United
2
States Supreme Court. Member: Ramsey County Bar Association (Ethics Committee
j 1976 -1979, 1985 -1987, 1991 to present); Minnesota State Bar Association (Chairman,
Labor Law Section 1978 -1979, Chairman, Practice of Law Committees, 1991 - 1992);
s„ American Bar Association; Captain, Judge Advocate, U.S. Marine Corp, 1967 -1971.
Mr. Jensen has been listed in all editions of the publication Best Lawyers in America
since 1987 and was recognized recently as a "Super Lawyer" in the August 1999 edition
of Minnesota Law & Politics, MPLS.ST.PAUL magazine, and Twin Cities Business
r.
Monthly.
• Caroline Bell Beckman has been practicing municipal law for 11 years and became
lead attorney for the City of Vadnais Heights in 1996. She is also the lead
y prosecuting attorney for the three municipalities for which we do criminal work,
? cities of Roseville and Vadnais Heights and White Bear Township. Approximately
i
50 percent of Ms. Beckman's time is spent on municipal work. Caroline Beckman
also specializes in workers' compensation law and her paralegal, Cathy Kummet,
does mainly workers' compensation work. Education: University of Minneeota
(B.A., 1984); William Mitchell College of Law (J.D., 1988). Adjunct Faculty
Member: Misdemeanor Clinic, William Mitchell College of Law; Admitted to bar:
Minnesota (1988); Member: William Mitchell Law Review (1986 -87); Minnesota
State Supreme Court; Minnesota Court of Appeals; U.S. and Minnesota State District
Court, U.S. Court of Appeals (Eighth Circuit), Attorney Referral Service of Ramsey
County, Minnesota Association of City Attorneys. Ms. Beckman was recognized in
the December /January 1999 edition of Minnesota Law & Politics as a "Rising Star."
• Mitchell W. Converse has had 5 years of experience in municipal law, acting as first
backup civil attorney for the cities of White Bear Lake and Vadnais Heights. In
addition, he has provided specialized work for these cities (and the City of Roseville)
in the areas of land use, eminent domain, and telecommunication leases and issues.
Education: College of St. Thomas (B.A., cum laude, 1990); University of Minnesota
(J.D., cum laude, 1994). Admitted to bar, 1994, Minnesota; Minnesota State Supreme
Court; Minnesota Court of Appeals; U.S. and Minnesota State District Court, and Eight
Circuit Court of Appeals. Member: Ramsey and Hennepin County and Minnesota State
Bar Associations.
3
f
• Both Robert C. Bell and Willard L. Converse have acted as counsel for Minnesota cities
for over 30 years. They are available for consultation and as back -up attorneys and to
assist in special projects.
In addition, the following attorneys perform specialized municipal work:
• Charles R. Bartholdi specializes in complex real estate work. He was general counsel
for the Federal Land Company, a major developer of retail - commercial property in this
metropolitan area. He performs the necessary real estate work for our municipal clients
when his special expertise is desired.
• Carol Baldwin specializes in employment law and advises on human resource issues.
_J PROPOSED LEGAL STAFF FOR BROOKLYN CENTER
f Lead attorneys would be Roger A. Jensen, Caroline Bell Beckman, and Mitchell W.
Converse. Other attorneys in the Firm will assist in their specialist areas.
FIRM QUALIFICATIONS - REFERENCES
Gerald J. Urban Mark Sather Steve Sarkozy William F. Short
City Administrator City Manager City Manager Clerk- Treasurer
City of Vadnais Heights City of White Bear Lake City of Roseville Town of White Bear
687 County Road "F" 4701 Highway 61 2660 Civic Center Drive 1281 Hammond Road
Vadnais Heights, MN 55127 White Bear Lake, MN 55110 Roseville, MN 55113 White Bear Township, MN 55109
(651) 429 -5343 (651) 429 -8526 (651) 490 -2200 (651) 429 -5827
BILLINGS
Our approximate total of municipal law billings (civil and criminal) in 1998 were
$337,043, which constituted approximately 21 percent of our total billings.
MUNICIPAL LITIGATION
We know of no law firm which has had our extensive and favorable experience representing
cities before the courts of this State. This firm has successfully handled a great many litigation
matters, including enforcement of zoning laws, assessment appeals, eminent domain matters and the
like before commissioners, administrative agencies, the State and Federal District Courts, the Court
of Appeals, and the Supreme Court. Illustrative are the recent Minnesota Court of Appeals and
4
Supreme Court decisions ' (upholding Roseville's denial of a variance opinion
p o m Roseville v. Kadne (uph dmg p
attached); In the Matter of the Condemnation of Certain Lands in the City of White Bear Lake by
the Citv of White Bear Lake Housing and Redevelopment Authority (holding that the city may
amend an eminent domain "quick take" proceeding, opinion attached); Roseville v. Rekuski
(upholding City's order to property owner requiring him to move his residence or take whatever
steps necessary to place structure within setback lines); Matter of City of White Bear Lake's Reauest
for an Electrical Service Area Chance, (holding public utilities commission can alter service areas);
White Bear Docking and Storage. Inc. v. City of White Bear Lake (trial court reversed and appellate
court held in favor of City, upholding City's denial of special use permit and holding that the City's
t
listed criteria for its determination was the proper basis for its denial); City of Vadnais Heights v.
Board of Water Commissioners of City of St. Paul (holding that Vadnais Heights could assess
i;
property of the Board of Water Commissioners notwithstanding apparent legislature language to the
i
contrary); and Rose Realty. Inc. v. Roseville (upholding Roseville's reapportionment of
assessments). Also, in Ramsey County v. Miller. 316 N.W.2d 917, we represented Ramsey County
as special counsel. The case made significant changes in determining what is admissible evidence
in eminent domain trials.
Development Issues
The Firm has extensive successful experience in development issues. This includes drafting
development agreements, the handling of hundreds of eminent domain acquisitions, and local
assessments.
- Emplovment/Personnel Law
We actively represent our cities in police civil service, labor arbitration and other personnel -
litigation disputes, involving bargaining, hiring, discipline, and discharge.
Roger A. Jensen and Carol A. Baldwin both do extensive work on behalf of employers (both
private and public) in defending against discriminatory practice claims under the Minnesota Human
Rights Act and applicable federal acts. We have also advised our municipal clients on various
employment- related issues, such as drug testing, and the like.
5
' Bond Counsel
i. We do not represent cities as bond counsel, we are not recognized as such, and have no
plans to do so. We do have considerable general knowledge of the tax increment and municipal
bond field so as to be able to work with bond counsel on those matters which involve civil
municipal expertise.
Franchise Law
The Firm has, for all three of its municipal civil clients, a vast array of experience in
telecommunication leases and franchising. We have prepared over 12 specific leases or
franchise agreements in this area for our municipal clients. The franchise agreement we
negotiated for Roseville with NSP became the format for most other electrical franchises in
Ramsey County.
CIVIL MUNICIPAL FEES
All of our civil municipal work has always been performed for our municipal clients on a
monthly retainer basis, the amount of which is set at the beginning of each year. This enables the
municipality to budget accordingly in advance. The retainer agreement includes attendance at all
regular council meetings, preparing all ordinances and resolutions, attending any special
meetings of the council (except those set forth below), advising the manager and all department
heads pertaining to all legal issues and related work.
Certain matters, the volume of which cannot be anticipated, are not included in the
retainer and are charged on an hourly basis. Those are: (1) work on special projects where
financing is included in the project, such as local improvements which are assessed; (2) matters
involving litigation or threatened litigation, contested matters or hearings before administrative
bodies; (3) work on development projects where the fees are passed onto the developer; (4) real
estate transactions; (5) revisions or compilations of the City's code; (6) labor and personnel
matters; and (7) income producing leases or contracts.
Monthly Retainer. We propose to do the civil municipal work for the year 2000 (or for
whenever the legal work would commence) for a monthly retainer approximating one - twelfth of
the last 12 months of legal civil billings.
6
For non - retainer matters, hourly fees would be $145 per hour for attorneys time and $85
per hour for paralegal work'.
Costs that would not be covered by the retainer include in -house photocopying ($.20 per
-, page), outside photocopying, and messenger services at our cost. Westlaw is provided at our
exact cost (invoices from Westlaw provided).
Our monthly billing statements (for non - retainer work) itemizes what was done, when it
was done, who did it, and what amount of time (in one -tenth hourly segments) was spent doing
it.
Respectfully submitted,
PETERSON, BELL, CONVERSE & ERICKSON, P.A.
J77
Roger �e5en
I
' We do not "tier" our attorneys' hourly rates for municipal work. Our attorneys have an hourly
rate considerably in excess of $145 for matters within each attorney's area of expertise outside of
municipal law (such as employment law). Where we have a monthly retainer, the hourly fees of
the lead attorney are substantially reduced so that we can charge a rate which reflects the usual
rate of the associate attorney.
7
Slip Copy Page 1
(CiLe as: 1996 WL 601650 (Minn-App.))
NOTICE: THIS 019NION IS DESIGNATED be given to the opportunity of the trial court to
AS UNPUBLISHED AND MAY NOT BE judge the credibility of the witnesses." Minn.
CITED EXCEPT R. Civ. P. 52.01. The interpretation of
AS PROVIDED BY MINN. ST. SEC. municipal ordinances is a question of law
480A.08(3). reviewed de novo. Oswalt v. County of
Ramsey, 371 N.W.2d 241, 247
Charles KADRIE, Appellant, Winn.App.1985), review denied (Minn. Sept.
v. 26, 1985). On appeal, this court need not defer
STATE of Minnesota, City. of Roseville, to the trial court's decision on a purely legal
Respondent. issue. County of To v. Courtney, 451
N.W.2d 338, 340 (Minn.App.1990), review
No. CO-96 -1079, denied (Mnn. Apr. 13, 1990).
Court of Appeals of Minneso Kadrie argues that the trial court erred in
determining that his above -grade deck
Oct. 22, 1996. violates the substandard and non- conforming
use provisions of the city's SMO and zoning
Ramsey County District Court File No. code. (FN11 He contends that he properly
CX962628 applied for a building permit in 1993, but the
city failed to mention that he would be
Christopher S. Hayhoe, Felhaber, Larson, prohibited from constructing the new above-
- Fenlon & Vogt, P.A., 4200 First Bank Place, grade deck when his permit was approved. He
601 Second Avenue South, Minneapolis, MN claims that his at -grade deck should be used to
55402 (for appellant) measure the shoreline setback point to
de ter*n 7 Te his "substandard" use because the
Willard L. Converse, Peterson, Bell, at -grade deck was " grandfathered in" under
Converse & Jensen, P.A., 333 South Seventh the SMO and extends further from the house
Street, 3000 Metropolitan Centre, than the new above -grade deck - Kadric also
Minneapolis, MN 55402 (for respondent) argues that because the at -grade deck is
appurtenant to the homestead, it is illogical
Before SHORT, P.J., PARKER, and for the city to contend that the new above -
CRIPPEN, JJ. grade deck also violates the 'non-conforming
use" prevision of the zoning code. He claims
UNPUBLI`SFICD OPINION that his homestead as constructed facially
violates the SMO and the zoning code because
PARRF.R, Judge. it is within the 75 -foot shoreline setback, yet
the homestead has been grandfathered in
*1 Appellant Charles Kadrie challenges the despite the encroachment. Therefore, because
partial denial of his application for a v arianc e the homestead as constructed cannot be
from the lake setback requirements of the City considered non - conforming or in violation of
of Roseville's Shoreland Management the SMO, Kadrie argues that construction of
Ordinance (SMO). Concluding that Kadrie's the new above grade deck, which merely
above -grade deck violated the SMO and the enhances the existing above -grade deck,
city's zoning code, the district court found in cannot be said to violate the substandard or
favor of the city and ordered Kadrie to remove non - conforming use provisions of the SMO and
his partially constructed above -grade deck. the zoning code.
We affirm.
FNI. The SMO defines "substandard use"
DECISION as any use of shorelands existing prior to
the date of enactment of any city
Findings of fact "shall not be set aside ordinance which is permitted within the
unless clearly erroneous, and due regard shall applicable zoning district, but does not
Copr. 10 West 1997 No claim to orig. U.S. govt. works
Slip Copy Page 2
(Cite as: 1996 WL 601650, *1 (Mian.App.))
meet the minim lot area and length of in" structures like Kadrie's home that did not
water frontage, structure setbacks, or comply with the setback ordinance, but (2)
other dimensional standards of the prohibited structural alteration or addition to
" ordinance. The SMO defines "non - the substandard use. Furthermore, the trial
conforming use" as any use of land judge noted that the SMO "adopted the
established before the effective date of the existing City zoning code by reference and
city ordinance which does not conform to shall apply if it imposes greater restriction."
the use restrictions of a particular zoning The trial court also found that section 11.024
district. of the zoning code stated that 'non-conforming
uses may continue, but may not be extended,
Minnesota courts have held: expanded, or intensified * * *." The trial judge
[Aldministration of zoning ordinances is a then found that because Kadrie's at -grade
governmental, not a proprietary function, patio deck consisted of two -by -six boards
and the municipality cannot be estopped nailed to two -by -four sleepers, laid on a bed of
from correctly enforcing the ordinance even sand, and was unattached to the house in any
if the property owner relied to his detriment way, it was not an appurtenance thereto. She
on prior city action. concluded, therefore, that under the SMO it
Frank's Nursery Sales, Inc. v. City of could not be used as a me asureme nt tool to
Roseville, 295 N.W.2d 604, 607 (Minn.1980) determine the effective setback allowance.
(citing W.H. Barber Co. v. City of Alternatively, the trial court noted that even
Minneapolis, 227 Minn. 77, 34 N.W.2d 710 if the at grade deck were found to be an
( 1948 ) . A zonin g o rdinance must a la p p urtenan ce to the house, the building of the
always y be PP
considered in light of its underlying policy. above -grade deck would be an extension,
Lowry v. City of Mankato, 231 Minn. 108, expansion, or intensification of the area
113 -14, 42 N.W.2d 553, 558 (1950). Zoning contained within the non - conforming setback
o rdinance s must be construed according to and would violate the city zoning code. The
their plain and ordinary meaning. County of trial judge held that because the above -grade
Lake, 451 N.W.2d at 340. A property owner is deck violated the city's SMO and zoning code,
charged with knowledge of whether a local it was necessary to order removal of the
zoning ordinance permits construction structure.
undertaken on the property. Stotts v. Wright
County, 478 N.W.2d 802, 804 (Miinn.App.1991) FN2. This is the phrase applied by the
(eating Jasaka Co. v. City of St. Paul, 309 trial court to describe more precisely the
N.W.2d 40, 44 (Minn.1981)), review denied at -grade "deck" as she perceived it to be.
(Minn. Feb. 11, 1992). A zoning board has
broad discretion in denying variances, and a Under these circumstances, we cannot say
reviewing court is limited to de terminin g that the trial judge erred in concluding that
whether the board's decision was based on Kadrie's newly constructed above -grade deck.
legally sufficient reasons. Id. at 806 (citing violates the city's SMO and zoning code. The
VanLandschoot v. City of Mendota Heights, trial court's factual findings are supported by
336 N.W.2d 503, 508 -09 (Minn.1983)). the evidence. We observe that the color
photos found in the appendix of Kadrie's brief
*2 The trial judge found that Kadrie's home lend credibility to the conclusion that the at-
as constructed was within the 75 -foot setback grade patio -deck is not an appurtenance
with an above -grade deck and that an at -grade within the meaning of the SMO and zoning
"patio deck" (FN21 further extended to within code. The American Heritage dictionary
15 feet from the lakeshore. The trial judge defines patio as follows:
also observed that Kadrie applied only for a 1. An outdoor space for di ning or recreation
permit for a family room and that the kitchen that adjoins a residence and is often paved
and new deck additions were shown only on * *.
the blueprints. The trial judge noted that American Heritage Dictionary 1327 (3rd
section 18.250 of the SMO (1) "grandfathered- ed.1992) (emphasis added). The color photos
Copr. ® West 1997 No claim to orig. U.S. govt. works
' Slip Copy Page 3
(Cite as: 1996 WL 501650, *2 (Minn.App.)}
and the building inspector's report show #hat not err in concluding that the added above-
' Kadrie's at -grade patio deck is 'snug ne to grade deck violated the non - conforming and
the house and not attached. Kadrie's reliance substandard use provisions of the zoning code
on Stotts, therefore, is aced as applied and the SMO. The order for removal of the
a 'ed
�
these facts, because the deck described in structure is of monied.
Stotts was of quite a different nature- In
Stotts, this court determined that 'any deck, Affirmed.
by definition, is appurtenant to a b uild , to
which setback requirements indisputably END OF DOCUMENT
apply.' Stotts, 478 N.W.2d at 806 (emphasis
added) (setback requirements of a zoning
ordinance applied to a one -story boathouse
with an enclosed deck on top of the structure,
but barred construction of a second story in
place of the deck).
*3 We hold that the evidence shows that the
at -grade patio deck comports with the
definition of a patio in that it simply adjoins
the home, without attachment. The at-grade
patio -deck, therefore, is not a permanent,
appurtenant improvement from which the
original shoreline setback could be measured.
Because it does not establish the setback
distance, the construction of the new,
expanded, above grade deck is not within the
grandfather clause of the SMO as an existing
substandard use that would be allowed under
the SMO and zoning code.
Giving, as we must, due regard to the plain
meaning of the SMO and zoning code, a
reasonable interpretation of the re levant
provisions confirms that maintenance of
existing substandard structures is allowed.
However, as it relates to non - conforming use,
any construction on existing grandfiathered
structures that increases the violation and
promotes further encroachment of the
shoreline is prohibited. We cannot any that
Kadrie has shown that approval of the
v ariance to construct the new above- grade.
deck is mandated. See Luger v. City of
Burnsville, 295 N.W2d 609, 612 (Wum.1980)
(Property owner has the 'heavy burden' to
show approval of v arianc e is appropriate).
We observe that the city has been fair in its
dealings with Kadrie by permitting him to
add on the kitchen overlooking the shore,
despite the provisions of the SMO. We
conclude, therefore, that the trial judge did
Copr. ® West 1997 No claim to orig. U.S. govt. works
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x KENNEDY & GRAVEN,
g CHARTERED
PROPOSAL FOR CITY ATTORNEY
g
LEGAL SERVICES
3
CITY OF BROOKLYN CENTER
S
CONTACT: CHARLES LeFEVERE
470 PILLSBURY CENTER
MINNEAPOLIS MN 55402 -
(612) 337 -9215
OCTOBER 1, 1999
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5
" INDEX
j i
A. FIRM BACKGROUND ........................................................................... ............................... 1 -
� 1. Firm Name ................................................................................... ............................... 1
2. Addresses, Phone Numbers and Fax Numbers of Firm ... ............................... ........ 1
3. Brief History ............................................................................... ............................... 1
p 4. Number of Attorneys/Specialties 3
5. Number of Parale als/S cialties 10
6. Support Personnel ...................... 10
.................... ........................... ...............................
7. Office Organization and Support Capabilities .......................... ............................... 10
8. Flowchart of Work Process for Municipal Work ...................... 11
B. ATTORNEY UALIFICATIONS 11
Q ...................................................
1. Responsible Attorney ...........................
. .............................. ........ ............................... 11
2. Backup Attorneys.... ................................ 12
................................... ...............................
is
C. FIRM QUALIFICATIONS .............................................................. ............................... 13
1. References 13
................................................................................. ...............................
2. Work Priority .......................... .......14
............................................ ...............................
3. Billings and Fees ......................................................................... .............................
,. D. FEES ................................................................:......................................... ......................... ; ... 14
ATTACHMENTS
Attachment One Excerpt from Law and Leading Attorneys
Attachment Two Attorney Resumes
j` CLL- 169530
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A. FIRM BACKGROUND -
1. Firm Name.
The firm name is Kennedy & Graven, Chartered.
i
2. Addresses, Phone Numbers and Fax Numbers of the Firm.
The address of the firm is: Kennedy & Graven, Chartered
470 Pillsbury Center
200 South Sixth Street
Minneapolis MN 55402
The firm also has an office at: 6 West Fifth Street Suite 700
St. Paul MN 55102
The fun's telephone .number for the switchboard is (612) 337 -9300. In. addition,: each
attorney has a direct dial number. Our fax number is .337 -9310. In the event that line is
busy; the call willautomatically•roll over to our second fax machine. Each attorney also has
an individual e-mail address.
3. Brief History
Kennedy & Graven, formerly known as Holmes & Graven,. was formed in 1973 as a
- professional legal corporation. -On November -1, 1989 - the municipal•law and public finance
departments of LeFevere, Lefler, Kennedy, OBrien & Drawz merged into the firm bringing
with them over 50 years of experience in the area of municipal -law. The firm specializes in
municipal . law, public financing, litigation, condemnation, real estate and general
commercial law. Kennedy & Graven's experienced .staff of attorneys and other
professionals takes pride in the firm's broad understanding of the legal, economic, and
political environment facing the public sector in Minnesota.
i
CLL- 169530 1
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From its very beginning, the firm has been extensively involved in the representation of
public sector clients. The firm represents the following governmental units as general
counsel:
City of Brooklyn Center City of Shakopee
City of Brooklyn Park City of West Concord
City of Cambridge Lake Minnetonka Conservation District
City of Cottage Grove Local Government Information Service
City of Crystal (LOGIS)
City of Independence Hennepin Recycling Group (HRG)
City of Kenyon Suburban Rate Authority (SRA)
City of Lauderdale Bassett Creek Water Management
City of Loretto Commission
City of Medina Lower. Rum River Watershed Management-
City of Mound Commission
City of Mounds View Shingle Creek . Watershed Management
City of New Brighton Commission
City of Richfield West Mississippi Watershed Management
City of Robbinsdale Commission
City of Rosemount
City of Sandstone
We also serve as general counsel to the following Economic Development Authorities and
. Redevelopment Authorities.
Belle Plaine Lino Lakes
Brooklyn Center Loretto
Burnsville Monticello
Cambridge Richfield
Chanhassen Robbinsdale _
Columbia Heights Rosemount
Cottage Grove St. Louis Park
Crystal Shakopee
i' Kenyon
1
The firm serves as special counsel on an on -going basis to approximately 30 cities, towns, -
counties, joint powers organizations, and other public bodies, including Bloomington,
y Burnsville, Cokato, Duluth, Hopkins, Lake City, Minneapolis, Minnetonka, Pine Island, the -
League of Minnesota Cities, and the Minnesota Association of Townships, and provides tax
'increment, bond counsel; development and redevelopment legal services to dozens of cities;
towns, counties, port authorities, EDAs and HRAs.
r
A
4 CLL- 169530
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4. Number of Attomevs/Snecialties
The firm has 26 lawyers and specializes in the following areas:
a. ZoninLy and Land Use
An essential element of municipal legal representation is advising clients concerning. .
a host of platting, land use, comprehensive plan and subdivision issues which cities
face on a daily basis. Attorneys in our firm have extensive and long -term
experience in such matters. Jim Thomson is a frequent lecturer, both at the state and
national levels, on land use issues and has handled many significant land use cases
at the trial and appellate levels. Two of our attorneys, Ron Batty and Steve Bubul,
hold masters degrees in urban planning. Mr. Batty has worked as a city planner for
-the City of-New York, Borough of Queens and was the Zoning Administrator for the
City of Minnetonka from 1980 to 1984. Steve Bubul worked as a land use planner
from --1978 to 1984 for the Dane - County (Wisconsin) .Regional Planning
t
Commission.
k As part of its general municipal representation our firm is involved on a regular .
basis with the drafting, interpretation and application of • zoning regulations.
Attorneys with the firm have drafted literally thousands of - zoning ordinance
amendments pertaining to such things as shoreland regulations, development
moratoriums and regulation of group homes. We have codified the zoning
l
ordinances for numerous municipalities.
b. Condemnation Laws
Kennedy & Graven. has handled both routine and complex- -.condemnation
N. proceedings since the firm -was established. Those-matters are principally handled
by Robert J. Lindall, John M. LeFevre and Corrine H. Thomson. -
s. Mr. Lindall has been involved in over 300 condemnation proceedings, many
j of which have involved commercial or industrial properties. He is coauthor
with John LeFevre and Mary Dobbins of the book, Minnesota
:. Condemnation Law and He is co- author with Mary Dobbins and
Douglas Peterson of two articles in Minnesota Real Estate Law Journal
entitled Minnesota's Doctrines of Public Pumose and Superior Public
Pumose in Eminent Domain (Vol. 1,, No. 13) and The OriLyins of Eminent
Domain (Vol. 1, No. 12). He was chairman of the Hennepin County Bar
Eminent Domain. Committee in 1981 -1982 and 1982 -1983. John M.
LeFevre- authored Some Ethical Issues in the Eminent Domain Area
L (Hennepin Lawyer, 1983).
f ,
Corrine Thomson represented the City of Minneapolis on behalf of the
Bassett Creek Flood Control Commission in the acquisition of rights -of -way
for the $17 million Bassett Creek Flood Control Project. She has also
t
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handled condemnation proceedings for the Cities of Brooklyn Center,
Minnetonka, New Brighton, Prior Lake and Richfield.
C. Public Improvement Proiects
s As city attorneys we assist the city staff throughout the special assessment process to
ensure compliance with statutory procedures. We consult with staff in the
preparation of assessment rolls, acquiring property when needed and the handling of
assessment appeals. Charlie LeFevere has been a frequent lecturer at continuing
legal education courses on this subject and has extensive experience in reviewing
improvement proceedings in cities throughout Minnesota.
d. Environmental and Superfund Law
Kennedy & Graven has practiced extensively in environmental law through the
representation of both public and private clients. Bob Lindall was formerly the
Special Assistant Attorney General for the Minnesota Pollution Control Agency.
Our experience includes:
1. The firm has represented several clients regarding the hazardous
waste siting procedures under the direction of the Minnesota Waste
Management Board. In addition, we have advised numerous public clients
regarding environmental laws, including the Minnesota Environmental
Rights Act (Superfund).
2. The firm has served as general counsel to. the Metropolitan Waste
Control Commission. This has involved work regarding sewage treatment
and disposal and the Clean Water Act and its application to local
government units. In this connection, we have developed and instituted the
f° industrial strength charge system in the metropolitan area (both model
ordinances and joint power agreements), the industrial cost recovery system,
k. and the waste discharge rules for the metropolitan disposal system. ' Ifi
addition, we have represented the Commission in matters relating to
discharge permits, on -land disposal of waste, and litigation regarding
municipal user and connection charges.
Y
i;
3. The firm has represented the Minneapolis Community Development
Agency (MCDA) in several environmental matters. - In particular, the firm
f represented the MCDA in lengthy litigation regarding the adequacy of the
Environmental Impact Statement on the Cedar - Riverside New Communities
redevelopment project We have also represented the agency and other
public clients in reviewing the adequacy of various environmental
documents.
4. Mr. Lindall represented the MCDA and the City of Minneapolis in
negotiations with the MPCA and FMC contaminated site and construction
by FMC of a multimillion dollar research facility with over 1,000 jobs on the
t
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site. He then brought legal action against the previous owner and recovered
over $1.1 million in response costs incurred by MCDA in cleanup of the site
and related matters.
5. Mr. Lindall has represented clients accused of being responsible
persons for cleanup of Superfund designated sites by the United States
Environmental Protection Agency. They currently represent the cities of
Anoka, Circle Pines and New Brighton in such negotiations relating to the
Oak Grove Landfill in Anoka County.
6. The firm also routinely renders advice to various public clients
regarding the environmental consequences of development proposals. In
addition, we have had extensive experience regarding the issues of historic
preservation, environmental impact statements and environmental
worksheets.
e. Emnlovment Law
Kennedy & Graven has been actively involved in the employment and personnel
area. Several of its attorneys have represented and advised governmental and
private clients in this area. This experience includes the following types of
representation: disciplineldischarge cases; race, sex, disability and age
discrimination cases; sexual harassment cases; Veterans' Preference Act cases;
reviews of personnel policies/handbooks, employment contracts, affirmative action
plans; advice on pay equity /comparable worth plans; labor - management contracts
and the Minnesota Government Data Practices Act.
Kennedy & Graven has primarily represented defendants in employment matters,
and in particular, government agencies. Its attorneys have defended these cases in
federal and state courts, arbitrations, the Minnesota Human Rights Department, the
federal ` EEOC, The Minneapolis - Commission on Civil Rights, before the
Commissioner of Veterans Affairs, and in informal negotiations. John LeFevre and
Karen Carlson are the primary attorneys practicing in the employment area.
f. Municipal Litigation
Since its inception, Kennedy & Graven has engaged in a substantial and varied
litigation P ractice. Jim Thomson is an attorney for the League of Minnesota Cities
Insurance Trust, which insures over 90% of the municipalities in Minnesota. He has
tried over 100 cases to conclusion, approximately 25 of which were jury trials. In
addition to our eminent domain practice, other areas of our litigation practice
include:
1. Land Use
Attorneys at Kennedy & Graven have litigated numerous cases involving
land use decisions of municipalities including challenges to zoning,
CLL- 169530 55
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conditional firm 'antes. has handled use
" n n ed land
dnts al u permits, o use pe , and va
litigation cases at the trial and appellate court levels involving issues such as
land dedications, platting, access rights, regulation of group homes, and
height restrictions. -
2. Real Estate
y Kennedy & Graven has litigated cases involving real estate title disputes,
mortgage foreclosure, enforcement of purchase agreements, and cases
involving claims of fraud and misrepresentation.
3. Other Litigation Relating to Municipal Decisions and Governmental
Authoritv
Kennedy & Graven has litigated, on behalf of various units of government,
disputes over the adequacy of . provision of municipal services, housing
assistance, relocation benefits, Section 1983 claims, claims against
F, municipalities and other government agencies involving anti -trust liability,
claims of environmental damage, claims disputing the adequacy of
E - environmental review processes, and special assessments.
- 4. Complex litigation
Kennedy & Graven possesses the capacity to provide litigation services to its
municipal clients in unusual and complex matters. Examples include:
- Mall of America Proiect: Attorneys with the firm handled much of
" the litigation arising out of the Mall of America project. The cases
involved a variety of issues ranging from property acquisition to
bond refinancing.
q
�V.
- Calhoun Beach Litigation: The firm represented the City of
Minneapolis in a lawsuit arising out of the proposed construction of
YE a highrise condominium project on Lake Calhoun. The lawsuit
F
involved numerous parties and counterclaims. The firm has also
represented the City of Bloomington in a similar matter.
1 - Citv of Minneapolis Warehouse District:, The firm has represented
the City of Minneapolis in several lawsuits pertaining to the
Minneapolis Warehouse District. The lawsuits involved complex
real estate matters pertaining to the Minnesota Marketable Title Act,
r access rights, and alleged abandonment of rights -of -way.
i,
- Cedar - Riverside Environmental Defense Fund v. Hills:, Kennedy &
Graven represented the MHRA in this challenge by a neighborhood
group to the adequacy of the Environmental Impact Statement (EIS)
drafted by HUD to assess the implications of the proposed "new
CLL- 169530
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town in town" for the Cedar - Riverside area. This case was
substantial and complex, involving a trial at the district court level
and an appeal to the Eighth Circuit Court of Appeals.
- Cedar - Riverside Associates v. United States of America: Kennedy &
s ~ Graven represented the MHRA in this case involving numerous
claims by a "developer against federal and local agencies. The claims
included breach of contract, mismanagement of governmental
assistance programs, Section 1983 claims and anti -trust claims. This
case involved over 50 depositions, numerous motions to the district
court, appointment of a receiver, and several appeals to the Eighth
Circuit Court of Appeals.
- Council of Lame Public Housing Agencies ( CLPHA) v. HUD:
Kennedy & Graven acted as local counsel for MCDA in this lawsuit
commenced by CLPHA and several local housing authorities against
HUD in a challenge to HUD's attempt to recapture certain subsidies
to the local housing authorities.
The litigation experience of Kennedy & Graven, only a small portion of which is
described above, has given the firm and its litigation department uniquely broad
experience in virtually all areas of litigation in which a public entity could become
involved.
. - g. Tax Increment Financing and Municipal Financing
't
1. General Municipal Finance
As a nationally recognized bond counsel, Kennedy & Graven has acted as
bond counsel throughout the United States and for over 200 public entities
in Minnesota. The firm is a member of The National Association of Bond
Lawyers and is listed in the Municipal Bond Attorneys of the United States
section of "The Bond Buyer's Directory." Kennedy & Graven has a broad
base of experience in connection with the issuance and sale of public debt, at
the local, regional and state levels. We have acted as bond counsel,
underwriter's counsel, company counsel and issuer's counsel in issues of
general obligation bonds, tax increment revenue bonds, industrial
r development bonds and single family and multifamily housing bonds.
The firm has served as bond counsel for over 1,000 municipal bond issues in
a the states of Minnesota, Wisconsin, North Dakota, South Dakota, Arizona,
Georgia, Illinois and California, and is nationally recognized as an expert in
all types of municipal financings. The types of bonds for which we have
acted as bond counsel include essential function bonds, industrial
development bonds, multifamily housing bonds, airport bonds, bonds for
facilities for the furnishing of sewage facilities, facilities for furnishing
water, electric energy, gas or heating and cooling, single family mortgage
CLL- 169530 7
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bonds, redevelopment bonds, and 501(c)(3) bonds. As bond counsel, we
have structured bond issues secured by a broad range of types of credit,
including the full faith and credit of the municipal issuer, tax revenues, tax
increment revenues, the credit of the non -public borrower or guarantor,
direct and standby letters of credit, insurance policies, federal insurance
programs and common bond fund pools. The majority of the municipal
financing with which we have been involved have utilized tax- exempt
financing, but we have also participated in taxable municipal financings.
2. Economic Develonment(Redevelonment
Kennedy & Graven developed much of its housing and redevelopment law
experience by acting as general counsel to the Minneapolis Housing and
Redevelopment Authority from April, 1973 to June, 1981'. When that
agency was reorganized in 1981, the Minneapolis city attorney undertook
E the general counsel responsibilities, and we concentrated on condemnation,
bond issues, and redevelopment contract negotiations. While general
counsel, Kennedy & Graven rendered approximately 500 formal legal
written opinions regarding all aspects of the operation of a housing and
redevelopment authority, all of which have been retained and cataloged;-
handled approximately 350 condemnation proceedings through
commissioner hearings, district court trial and supreme court appeal;
handled real estate title matters, including quiet title and torrens proceedings;
negotiated all development agreements, including tax increment, UDAG,
EDA, SBA and CDBG - funded projects; initiated the locally- funded
commercial and housing rehabilitation program, the urban homestead
_ program, the single family and multifamily loan programs, as well as initial-
implementation of the CDBG, UDAG, Section 23 and Section 8 programs;
and handled federal and state lobbying activities.
The fur's expertise in housing and redevelopment matters has resulted in
our current role as general counsel to the Housing and Redevelopment
Authorities listed earlier in this proposal.
In many cases Kennedy & Graven is retained to provide specialized housing,
economic development or redevelopment services to cities. We act in this
capacity for over 50 cities in Minnesota. While these services are varied,
they typically involve the structuring and negotiating of specific transactions.
Kennedy & Graven has negotiated literally hundreds of development
contracts on behalf of public clients. We drafted the early tax increment
agreements, the form of which is in common use today. We drafted the first
UDAG contract in connection with the Minneapolis Pillsbury research and
development facility and that form is still in use nationally by HUD.
:f
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h. Joint Powers
X
The firm has extensive experience in the laws affecting joint powers organizations.
We have prepared numerous joint powers contracts for groups of municipalities for -
- various purposes. We currently serve as general counsel to several joint powers
*k entities, such as the Hennepin Recycling Group and the Local Government
= Information Service.
i. Legislative
µ� Kennedy & Graven has for many years been active in legislative matters on behalf
of our clients. We have drafted and lobbied many amendments to Chapter 462, the
Industrial Development Revenue Bond Act, the Municipal Housing Finance Act,
3 tax increment laws, and various other statutes on behalf of the National Association
of Housing and Redevelopment Officials as well as individual clients.
The firm has also been involved in federal legislation. Through the offices of
Representatives Frenzel and Sabo and Senator Durenberger, we have drafted and
consulted with respect to much housing and development legislation, including the
1980 Ullman legislation, the housing provision of the Tax Equity and Fiscal
a- Responsibility Act of 1982 and the Tax Reform Act of 1984.
Dave Kennedy served as the legislative representative for the- League of Minnesota
Cities from 1960 to 1967 and was a member of the Senate Counsel staff from 1969
to 1971. The firm has also represented the League of Minnesota Cities with respect
to certain tax exempt financing provisions of the Tax Reform Act of 1986.
Attorneys with the firm have been active in the review and modification of proposed
legislation to modify the land use provisions of Minnesota Statutes, Chapter 462.
j. Real Estate _
Much of the firm's activities involve in one manner or another issues pertaining to
land and its ownership. In addition to our condemnation and general real estate
litigation activities, we handle countless real estate transactions for the clients of the
firm. In that connection we have gained extensive. experience in issues affecting
title and have handled many proceedings necessary to establish and to clear title to
'._ land.
3
Larry Wertheim is an adjunct professor of real estate at William Mitchell College of
Law. Mr. Wertheim and Mr. Lindall have been certified by the Minnesota Bar
Association as Real Property Law Specialists.
k. Public Housing
Kennedy & Graven has extensive experience in representing and advising various
'- housing and redevelopment authorities throughout the state in connection with their
operation of public housing and other federallyassisted housing programs. Among
CIS,-169530 9
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s
the public housing authorities to which Kennedy & Graven has provided such
services are the Minneapolis Community Development Agency and its predecessor,
the Minneapolis Housing and Redevelopment Authority.
1. Ordinance Codification
We have codified the city codes for the Cities of Crystal, Inver Grove Heights; West
St. Paul, Brainerd, Prior Lake, Richfield, Hopkins, Independence, Richmond,
LMCD, Robbinsdale, South St. Paul, and Melrose.
m. Public Contracting
The attorneys in our firm regularly advise our municipal clients on public
contracting matters, including reviewing contract documents and answering bidding
questions. In most cases, we are able to avoid litigation by providing preventive
advice. Our firm has a very high success rate in defending the few cases where
contracts have been challenged. We have participated in appellate cases that have
Fy
established contracting principles favorable to Minnesota cities.
n. Charter Commissions
3 We presently serve as attorneys to the Charter Commissions in Albert Lea, Crystal,
Brooklyn Center, St. Cloud, Moorhead, and Lino Lakes.
=' 5. Number of Paralegals/SDecialties
Our fi m has four individuals who are classified as paralegals. One of the paralegals is
primarily involved in litigation activities; one is primarily involved in real estate; and two
are primarily involved in public finance.
6. Sunnort Personnel
Our firm's support staff totals 16 persons in administrative, accounting or secretarial work.
We also have two law clerks.
Ts '
7. Office Organization and SUDDort Capabilities,
Kennedy & Graven is a professional corporation. The firm is run by an Executive
Committee, which consists of five members from the firm's board of directors. The director
Of administration is responsible for the implementation of the directives from the executive
committee and board of directors and for overseeing the personnel issues relating to the
Professional and nonprofessional staff. Secretaries are assigned to designated attorneys.
Law clerks and paralegals are available to all attorneys on an as- needed basis.
- " ,CLI , - 169530 10
`LE405-
4 _
8. Flowchart of Work Process for Municipal Work
The actual flow of work for our municipal clients varies from city to city. In some cases the
City Manager, Administrator, or Clerk - Treasurer works directly with the city attorney and
. the flow of work is channeled primarily through those two. In most cases, however, city
staff members (particularly department heads) and occasionally city council members will
communicate directly with the city attorney. Over time, city staff members tend to develop
;_ relationships with other attorneys in our firm having expertise in their subject matter areas,
and may communicate directly with them without going through the city attorney.
B, ATTORNEY QUALIFICATIONS
& Graven h who serve as city attorneys ed as nine attorneys w
Kennedy y tY s and whose work is almost Y
exclusively limited to representing public entities. Collectively, these nine attorneys have over 150
years of experience in municipal law. In the rare event that the city attorney or assistant city
attorney is unavailable and cannot be reached promptly, emergencies can be handled by any of. the
other municipal attorneys. Of the seventeen attorneys in the firm who are not designated city
attorney, twelve devote all or a substantial part of their time to serving public clients in such fields
as finance, real estate, litigation, employment law, condemnation, environmental law, municipal
franchises and utility law.
h, We follow a team approach in representing our clients so that the considerable expertise and
" . experience of all of the members of the firm can be brought to bear on the problems or issues of any
one client. However, we ordinarily assign one attorney to be the primary contact with the client.
That attorney is responsible for either undertaking or overseeing the work for the client.
-
1. Responsible Attomev
We propose that Charlie LeFevere would be the lead attorney for the City of Brooklyn
' Center. A copy of his resume is attached to the proposal. He is 52 years old, and municipal
law has been his primary field of practice for most of his legal career. He has been the New
Brighton City Attorney for 17 years, the Brooklyn Center City Attorney for 12 years, the
Rosemount City Attorney for five years, and was recently appointed City Attorney for
Cambridge. He has also served as the attorney for the Lake Minnetonka Conservation
District, a special purpose public body, for 21 years, and has served as city attorney on an
interim basis on several occasions for the City of Minnetonka. He also serves as legal
counsel for the Bassett Creek, Lower Rum River, Shingle Creek and West Mississippi
Watershed Management Commissions. Over the years he has represented a large number
of cities on a special project basis including Burnsville, Inver Grove Heights, Richfield,
Crystal, Robbinsdale, Plymouth, Medina, Lauderdale, Ramsey, Roseville, Andover, East
k,
Bethel, and Eagan.
F
In 1994, the American Research Corporation conducted a state-wide survey and asked
nearly 2000 attorneys throughout the state "If a relative or best friend needed great legal
advice in a particular area of the law, to whom would you refer them ?" One of the 25
- specialty areas covered in the survey was Federal, State and Local Government Law. The
results of the survey were published in a book entitled "Law and Leading Attorneys" (now
CLL- 169530 1 1
!_ LE405-4
., ".. published as the Guide to Leading American Attorneys). Forty -seven lawyers were listed in
the category of Federal, State and Local Government Law. Of these, many do not practice
as city attorneys or are staff attorneys in local or federal government offices. Three of the
attorneys selected in this category were attorneys at Kennedy & Graven: Charlie LeFevere,
e .'= David Kennedy and Jim Thomson. We were most honored to be recognized by our peers in
the legal profession; and the fact that three attorneys in our firm were so recognized reflects
the commitment of the firm to its municipal law practice. A copy of the. excerpt from the
Law and Leading Attorneys biographical sketch on Charlie LeFevere is attached as
Attachment One.
In addition to his general civil work for the cities which he represents as city attorney, he
has specialized in matters relating to public improvements including public improvement
g gym=< financing and special assessments. On numerous occasions he has given addresses on these
topics to such organizations as the City Engineers Association, Minnesota Institute of Legal
tY Education, Hennepin County Bar Association, the Association of City Attorneys, and
= Minnesota Continuing Legal Education. In addition, in the past he was active as an
approving bond attorney, and in that role he reviewed the records and proceedings of dozens
of cities' special assessment proceedings.
Mr. LeFevere would be responsible for attending all council meetings and either
undertaking or overseeing all services for the city. His current responsibilities include
attendance at regular meetings of other cities (including Brooklyn Center) or public bodies
on the second, third and fourth Mondays, second and fourth Tuesdays and Wednesdays, and
the first and third Tuesdays of each month. He would not assume or accept any
responsibilities which would conflict with the regular meetings of Brooklyn Center. If it is
not possible for Mr. LeFevere to attend meetings due to conflicts, illness or vacation, the
firm has nine other city attorneys who are available on a stand -in basis. We would
anticipate that approximately 60-75% of the work of the city would be undertaken by Mr.
LeFevere with other work assigned on the basis of expertise and availability.
2. Backup Attornevs
Primary backup and assistance would be provided by Ron Batty and Dan Greensweig. See
Attachment Two for copies of their resumes. However, each of the attorneys in the firm
have areas of special expertise, and all would be available to the City of Brooklyn Center.
Clerks and paralegals are assigned work when it is more cost effective to do so, particularly
in real estate and litigation matters. However, the success of the firm is largely the result of
the experience of our clients in having their work assigned to attorneys who are highly
' experienced in municipal law matters. Our practice is primarily composed of representing
municipalities, so the work for those clients is assigned the highest priority.
Batty would serve as the primary backup attorney for Brooklyn Center. Mr. Batty
holds a B.A. degree from Loyola University in New Orleans (magna cum laude), a master's
} ' degree in urban planning from the City University of New York and a J.D. degree
Georgetown University Law Center in Washington, D.C. Mr. Batty served as zoning
administrator for the city of Minnetonka from 1980 through 1984, gaining valuable hands-
= on experience in land use and planning matters. Since 1984, Mr. Batty has devoted 100
*4CL
E40$64530
percent of his legal practice to representing public clients. He has served as city attorney for
the city of Lauderdale since 1986 and the city of Medina since 1987. Approximately 50
percent of his practice is devoted to general municipal work for those cities and other
municipal clients of the firm. -
Mr. Batty also serves as general counsel for the economic development authorities in the
¢!; cities of Robbinsdale, Lino Lakes and Chanhassen. In this context, he has worked on a
wide variety of development, redevelopment and tax increment projects throughout
a
Minnesota. Approximately 50 percent of Mr. Batty's practice is devoted to these matters.
Dan Greensweig would also serve as backup attorney. Dan graduated magna cum laude
from William Mitchell College of Law following his discharge from the United States
Army and several years in training and human resources development with American
Express Financial Services. During law school, he clerked for League of Minnesota Cities
Insurance Trust, followed by a judicial clerkship at the Minnesota Court of Appeals.
t : Dan came to Kennedy & Graven from a position as assistant general counsel for a national
brokerage firm. His practice is concentrated in public finance, municipal law, and utility
regulation. In addition to his practice, he serves on the City of Circle Pines Planning
Commission, teaches business law and ethics at Anoka- Ramsey Community College and
Local Government Law at William Mitchell, and sits on the board of directors of Clean
Water Action Alliance of Minnesota.
C. FIRM QUALIFICATIONS
1. References
The references which are most relevant to the work described in the RFP are cities which
we represent as city attorney. The responsible attorney proposed for Brooklyn Center is
Charlie LeFevere. The city managers or administrators of cities which he represents as city
attomey are:
Tom Burt, City Administrator
City of Rosemount
2875 145th Street West
Rosemount MN 55068 -4997
(651) 322 -2006
Matt Fulton, City Manager
City of New Brighton
803 Old Highway 8
New Brighton MN 55112
(651) 638 -2041
CLL- 169 53 0 13
LE905 -4
it a
Michael McCauley, City Manager
City of Brooklyn Center
6301 Shingle Creek Parkway
Brooklyn Center MN 55430
(612) 569 -3309
Gordon Heitke, City Administrator
City of Cambridge
626 Main Street North
Cambridge MN 55008 -1142
- Other city managers with whom Charlie has worked extensively in the past are:
David Childs, City Manager, City of Minnetonka
(formerly City Manager at New Brighton) (612) 471 -8878
,
Jim Prosser former City Manager, City of Richfield
tY g ty
(now with Ehlers and Associates) (651) 697 -8500
For general references on the firm, the City should feel free to call any of the cities listed
in this proposal.
2. Work Prioritv
Because the great majority of the firm's practice involves the representation of public
bodies, that work is given the highest priority. Nearly all of our most senior attorneys
devote most or all of their time to this work. Therefore our public sector clients do not
find that their work is assigned to more junior attorneys or paralegals or given a lower
priority in favor of more profitable private sector work. Additionally Brooklyn Center is
a longstanding and highly valued client of the firm and we will continue to use our best
efforts to provide prompt and efficient legal services. _
3. Billings and Fees
Because the firm is a privately held professional corporation we prefer not to make
financial information publicly available. However we would be happy to make such
information available to one or more representatives of the City on a confidential basis.
The commitment of the firm to municipal law matters is well demonstrated by the fact
_ that well over 75% of the firm's revenues, generated by 26 attorneys, are derived from
this practice.
F ' D• FEES
Some cities prefer to have certain services billed under a retainer arrangement for more
consistency and predictability in legal fees. We have cities which prefer to have all
services billed on an hourly basis and others which prefer to have most services covered
f - ' by a retainer. We are interested in long term relationships with our clients, so we do not
CLL-169530 14
'LE405_4
= attempt to recover fees at a higher rate than our hourly rate through retainer arrangements.
-
O e other hand it is necessary for us to recover a reasonable effective rate under our
n
the ss
n
a f the amount
n our t estimate 0 ou
contracts. Therefore a
retain
er based ed o o bes es
er erefore et the w s
t
am
r
e
which would recover our normal hourly rate. Over time we adjust the retainer, in -
consultation with the City, based on actual experience.
- The current retainer which covers review of agenda materials and attendance at Council
meetings is set at $950 per month. has been the amount of the retainer since 1996
w when we reduced the retainer from 1225 per month.
Our recent experience suggests that this number can be reduced to $850 per month. This
z continuing reduction in the retainer is the result of the successful efforts of staff and the
Council to reduce the time spent at Council meetings. Given this experience the City
may be as well served by eliminating the retainer. If this is the wish of the Council we
e an hourly basis.
r 1 services on
d ran
d charge s
would be la to eliminate the retainer w e
Y
I � g g e fo
Our current hourly rates for 1999 are as follows:
- a. For all attorneys in civil matters not covered below $111/hr.
4; b. For all attorneys on litigation and administration proceedings $116/hr.
C. For all attorneys on costs passed through to developers $123/hr.
.5
d. For all clerks
76/hr.
e. For all paralegals $ 81/hr.
We typically increase our hourly rates each year at approximately the increase of the CPI
and would propose to increase these rates by $3.00 per hour beginning January 1, 2000..
We bill the out -of- pocket expenses such as long - distance phone charges, title searches,
k postage, messenger service, filing fees, on -line charges for computer research and the like at
cost, and faxing is charged at $.50 per page. Photocopies are charged at $.20 per page with
discounts for large projects.
3 -
Mileage is charged at $31 per mile.
We ordinarily round time to the nearest .05 (1 /20th hr.).
Our billing statements will provide all detail and conform to format requirements described
in the RFP.
CLI 169530 15
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MINNESOTA BUSINESS GUIDEBOOK
--�
MINNESOTA
1994/1996
Profiles of Minnesota's
-� leading attorneys
-- as determined by a statewide
= 0 U I U E B O 0 K survey of lawyers
L e w in conducted by the
Attorne
Y s American Research Corporation
�MINN ES0TA
FEDERAL, STATE & LOCAL GOVERNMENT LAW
-CHARLES L. LEFEVERE: Mr. LeFevere practices exclusively in representing public and private
clients on municipal law matters. As city attorney for three cities, he has extensive experience in a broad
range of municipal matters, including planning and zoning, city charters, public improvements and
special assessments, employment law, open meeting law, data practices, environmental law, public
bidding, municipal litigation, and municipal finance. In addition, Mr. LeFevere has served as counsel
to joint powers organizations, HRAs, EDAs, port authorities, charter commissions, and special purpose
governmepta! units. He lectures frequently on municipal law topics such as use of mediation by -
governmental bodies, special -assessments, financing of storm water improvements, and municipal -
CHARLEs L. LEFEVERE regulation of landfills.
Education: JD 1975 cum laude, University of Minnesota; BA 1968, St. Olaf College.
Holmes & Graven, Chartered Employment History: Executive Committee Director 1989- present, Holmes &Graven, Chartered;
Director 1975 -1989, LeFevere, Kennedy, O'Brien & Drawz; Line Officer 1969 -1972, US Naval
470 Pillsbury Center
200 South Sixth Street Reserve.
Minneapolis, MN 55402 Representative Clients: City Attorney for New Brighton (1982 - present), Brooklyn Center (1987-
present), Rosemount (1994 - present); Lake Minnetonka Conservation Dist. (1978 - present); MN Police
Phone: (612) 337 -9300 Recruitment System; League of MN Cities Insurance Trust.
Fax: (612) 337 -9310 Professional Associations: ABA (Section of Urban, State and Local Government Law); MSBA;
HCBA; Hennepin County Local Government Law Committee; MN Assn. of City Attorneys; Assn. of
Admitted: 1975 Minnesota; Metropolitan Municipalities (Committee on Alternative Dispute Resolution).
1979 Dist. 5 inner Community Involvement: Mediation Center (Chair, Board of Directors); Brooklyn Center Rotary
US Di A (Vice President); Minnetonka Board of Zoning Adjustment (past Chair); Wayzata Youth Hockey Assn.
1978 1978
S 1 1/46th Crr) (past President); Twin Cities Chapter Ruffed Grouse Society (past Board member); Coach for youth
athletic teams.
Firm: Holmes & Graven, Chartered, is a firm of 25 attorneys with a client base in both public and
private industry. Founded in 1973, the fain has focused primarily in municipal finance, governmental
representation, real estate, litigation, and employment/labor law. Supporting the attorneys is a highly
skilled staff of paralegals, laws clerks, and administrative personnel, each equipped with the latest in
computer technology for cost efficient research and document production. Holmes & Graven is an
4. Equal Opportunity Employer. See additional listings in Employment Law and Environmental Law
Chapters.
■
�o
H
H
W
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H
H
arS'" - - f
l'ill'' i ii Willi
4'r
ROBERT A. ALSOP �
7 LITIGATION / EMPLOYMENT LAW / HOUSING LAW / LOCAL GOVERNMENT LAW
J.D., William Mitchell College of Law, 1986
B.A., St. Olaf College, 1981
P RIMARY PRACTICE AREAS ■Robert Kennedy & Graven. Mr. Alsop joined the
has over ten ears of experience as firm as an attorney in 1986. During his
Alsop Y ' years at the firm Mr. Alsop has had
a litigator with the firm of Kennedy & extensive experience in all phases of the
Graven, practicing in the areas of litigation process in both state and federal
employment law, general governmental court. He complements his litigation
law, workers' compensation, and housing practice with sound preventative legal
law. In the rapidly evolving area of advice to his clients.
employment law, Mr. Alsop advises and
defends employers against discrimination *�
claims under both state and federal law MEMBERSHIPS AND PROFESSIONAL
He also has extensive appellate practice ACTIVITIES ■ Mr. Alsop is a member of
and has been retained to brief and argue the American, Minnesota State, Ramsey,
appeals before the Minnesota Court of and Hennepin County Bar Associations.
Appeals, the Eighth Circuit Court of
Appeals, and the Minnesota Supreme
Court PERSONAL ■ Mr. Alsop enjoys golf,
skiing, and family activities with his wife
and two sons. As a volunteer ski
BACKGROUND ■ Mr. Alsop's decision instructor for South Suburban Adaptive
to pursue the practice of law was Recreation, he assists people with
influenced in part by other members of disabilities in the enjoyment of
his family in the legal field. David Graven recreational activities. He also volunteers
also encouraged and counseled him in his as a reading instructor at Expo
current concentration as a litigator at Elementary School in St. Paul.
"The practice of law requires an attorney to identify, interpret; and
effectively articulate the law to a client's optimum advantage. I have
always been impressed by the collegial atmosphere at Kennedy &
Graven that allows each attorney to easily draw upon the knowledge
and skills of the other practitioners within the firm. This atmosphere
makes the practice of law at Kennedy & Graven both enjoyable and
Apaing 0
• Graven
G H A R T E R E 0
D
ONAL H. BATTY
TTY
7 LOCAL GOVERNMENT LAW / ECONOMIC DEVELOPMENT AND REDEVELOPMENT / LAND USE
J.D., Georgetown University Law Center, 1979
M.U.P., Hunter College of the City of New York, 1975 (Weintraub Fellow)
B.A. (magna cum laude), Loyola University, 1973
P RIMARY PRACTICE AREAS ■ Ron Hennepin League of Cities, speaking on
various municipal and presents a
Batty's practice includes municipal law, y early seminar on land use for each of his
with a special interest in land use and municipal clients.
zoning matters, tax increment financing,
and development. He is also involved in *�
local government representation as the 1VIEMBERSHIPS AND PROFESSIONAL
city attorney for Lauderdale since 1986 ACTIVITIES ■ Mr. Batty is a member of
and Medina since 1987. He has the Minnesota State and Hennepin
represented both the Robbinsdale County Bar Associations. He is also a
Economic Development Authority and member of Sensible Land Use Coalition, a
the Lino Lakes Economic Development multidisciplinary organization discussing
Authority since 1990. Twin City Metro Area land use and
planning issues.
BACKGROUND ■ A native of Tampa,
Florida, Mr. Batty developed a strong PERSONAL ■ Mr. Batty lives in Golden
interest in city planning, receiving a Valley with his wife and two children. He
Masters in'Urban Planning from Hunter has both coached and managed his
College in New York, where he was a children's youth athletic activities. In
Weintraub Fellow. Following law school addition to occasional volunteer work for
at Georgetown University Law Center, he the communities he serves, he spends his
served as a city planner in New York. ' He leisure time reading biographies,
moved to the Twin Cities in 1980, mysteries, and books on public policy. He
continuing his work as city planner in a also spends time in his perennial and rock
suburb of the Twin Cities for four years. garden, and enjoys hiking in the
After five years in private practice, Mr. mountains of Colorado.
Batty brought his extensive experience to
Kennedy & Graven in 1989. He lectures
at the annual meetings of the Northwest
"I like keeping communities on an even heel and helping them to
avoid litigation. Cities depend on their city attorney for sage advice
as well as legal counsel There is something extra in
the role.
C H A R T E R E D
`_
STEPHEN J. BUBUL
ECONOMIC DEVELOPMENT AND REDEVELOPMENT / PUBLIC FINANCE / LOCAL GOVERNMENT LAW /
HOUSING LAW / LAND USE
4
J.D. (cum laude), University of Wisconsin, 1986
M.S. (cum laude), University of Wisconsin, 1978 (Urban and Regional Planning)
B.A., University of Wisconsin, 1975. Phi Beta Kappa
PRIMARY PRACTICE AREAS ■ Steve the Minnesota bar in 1988, he joined the
firm of LeFevere, Lefler, Kennedy,
Bubul's Master of Science Degree in O'Brien & Drawz, coming to Kennedy &
Urban and Regional Planning provided a Graven in 1989.
strong foundation for his legal practice in
the areas of public finance, economic
development and redevelopment, and MEMBERSHIPS AND PROFESSIONAL
general municipal representation. He ACTIVITIES . Mr. Bubul is a member of
serves as bond counsel and EDA or HRA the State Bar Association of Wisconsin,
counsel for the cities of Belle Plaine, the Minnesota State and Hennepin
Burnsville, Columbia Heights, Monticello, County Bar Associations, and the
St. Louis Park, and many others. The National Association of Bond Lawyers.
keystone of his practice is the concept that From 1989 to the present, he has been a
development and redevelopment are both frequent lecturer in tax increment
ongoing processes as cities age. He enjoys financing and economic development for
approaching this area creatively, leaving the Minnesota Association of Small Cities,
behind the old model of simply "tear the League of Minnesota Cities, the
down and replace." Minnesota Association of City Attorneys,
and others.
BACKGROUND ■ After graduate school,
Mr. Bubul served as a community PERSONAL ■ Mr. Bubul enjoys the
development planner at the Dane County, cultural attractions of the Twin Cities. He
Wisconsin, Regional Planning also escapes to his pocket of Minnesota
Commission from 1978 through 1985. wilderness, east of Sandstone, where he
During law school, he was a law clerk at can be found rehabbing his primitive
the Wisconsin Attorney General's office cabin, reading nonfiction and history, and
and was then admitted to the Wisconsin exploring the upper St. Croix River
bar and the U.S. District Court, Western watershed by canoe.
District of Wisconsin. He also clerked for
Justice Peter S. Popovich at the Minnesota
Supreme Court (1987- 1988). Admitted to
'ne best part of my practice is seeing results on a daily basis. the new
water tower, the rejuvenated business district, the attractive housing
development that use to be an abandoned lot And, at Kennedy &
Graven, I really enjoy the spirit of teamwork in solving problems and
providing services to others."
- Kennedy & Graven
C H A R T E R E D
KAREN E. CARLSON
LITIGATION / LOCAL GOVERNMENT LAW / EMPLOYMENT LAW
J.D., William Mitchell College of Law, 1997
B.A., University of Minnesota, 1986
Her duties have included extensive
PRIMARY PRACTICE AREAS ■ Karen research and writing with a strong
Carlson enjoys the fast pace of litigation, emphasis on municipal and employment
as well as the procedural rules and the law. She graduated from William Mitchell
structure involved. Her practice also College of Law in June of 1997, with
includes municipalities. She finds her several CALI awards for achievement in
practice areas challenging because no two legal writing. She is also certified as a
cases are ever alike and each presents new Qualified Neutral under the Minnesota
challenges. General Rules of Practice. She was
admitted to the bar in October of 1997.
BACKGROUND ■ Ms. Carlson brings
varied experiences to her study and MEMBERSHIPS AND PROFESSIONAL
practice of law. She began as a legal ACTIVITIES ■ Ms. Carlson is a member of
secretary at Carlson Companies, Inc., the Minnesota State and Hennepin
working with staff attorneys in a corporate C ounty Bar Associations, as well as
legal environment. From 1990 to 1991, Minnesota Women Lawyers.
she served as a legal secretary at the firm
of Hutton and Kennedy. She joined
Kennedy & Graven in 1991 serving PERSONAL ■ Ms. Carlson lives in
initially as a legal assistant, where she was Plymouth with her Pomeranian. She
extensively involved in all aspects of civil enjoys reading mysteries and jogging, has
litigation. She served as a law clerk at a strong interest in children's issues and
Kennedy & Graven from 1994 to 1997, animal welfare, and was a former
again working with litigation attorneys. volunteer at the Courage Center.
"Kennedy & Graven is like a family. Tbere is a great deal of respect
among the attorneys and other employees here. We are all a team
working together."
Kennedy &Graven
C H A R T E R E D
io�av J. CHOI •�
' GOVERNMENT RELATIONS, ADMINISTRATIVE LAW, LITIGATION, LOCAL GOVERNMENT LAW AND BUSINESS LAW
J.D., Hamlin University School of Law, 1995
Fellowship, Hubert H. Humphrey Institute of Public Affairs at the University of Minnesota, 1995
B.S., Marquette University, 1992
PRDLAR PRACTICE AREAS . John Choi Mr. Choi graduated from Hamline
has successfully represented numerous University School of Law in 1995. During
private and public sector clients before law school, Mr. Choi was a Schoenecker
the Minnesota Legislature, State Leadership, Kenneth G. Brill, and
Government Agencies and Boards, and Minnesota Minority Lawyers Association
local units of government since 1994. Scholar. He also was named to Who's
Some of those past and present clients Who Among American Law Students in
include Pfizer, Inc., the Association of 1994 and 1995, and the National Dean's
Minnesota Building Officials, the List in 1994. In 1995, Mr. Choi was the
Minnesota Licensed- Practical Nurses recipient of Humphrey Fellowship from
Association, C}ty of Richfield, Carter- the Hubert H. Humphrey Institute of
Wallace, Inc., Citizens for Safer Public Affairs at the University of
Minnesota, Twin City Pipe Trades Service Minnesota.
Association, City of Cottage Grove, In 1992, Mr. Choi received his B.S. in
American Blood Resources Association, Psychology from Marquette University.
City of Mounds View, the Reliever Airport While at Marquette, he received the
Coalition, and the Williams Pipeline Marquette University Leadership Award,
Company. Most of Mr. Choi's legislative and was co- founder and president of
representation relates to tax, health care, Students Enhancing Education (SEE), a
and local government issues. nationally recognized organization
In addition, Mr. Choi has significant dedicated to improving education in
experience in civil litigation and appellate . Milwaukee's inner city.
practice. He has represented numerous 77���,� ----
clients in state and federal court and has NLUABERSfIIPS AND PROFESSIONAL
successfully tried a jury case. Mr. Choi ACTIVITIES . Mr. Choi is a member of the
also practices in the areas of local American, Minnesota State, Hennepin and
government and business law. Ramsey County Bar Associations. He is
also a member of the Minnesota
B ACKGROUND ■ Before joining Kennedy Government Relations Council.
& Graven in 1998, Mr. Choi practiced
with Hessian & McKasy, P.A., a firm with PERSONAL ■ Mr. Choi lives in St. Paul
a long history of government relations and enjoys getting involved in community
and commercial litigation practices. activities. Mr. Choi is also very active in
helping candidates for elective office.
"I am fortunate to bane a diverse practice base that allows
me to advocate for clients in the political and judicial arena
It is indeed rewarding to be a meaningful participant in the
judicial and legislative process of our government."
C H A R T E R E D
KAREN R. Coi �
1 LOCAL GOVERNMENT LAW / LAND USE / LITIGATION / ENVIRONMENTAL LAW
J.D. (summa cum laude), William Mitchell College of Law, 1986
B.A., Carleton College, 1975
PRIMARY PRACTICE AREAS ■ Karen **,��
Cole practices in the areas of municipal 1AEMBERSHIPS AND PROFESSIONAL
law, municipal litigation, and commercial ACTIVITIES ■ Ms. Cole is well regarded as
litigation. In addition to representing a writer and editor and has served in many
cities as city attorney, she has successfully leadership roles. During college, she was
handled difficult land use cases on behalf active in the Minnesota Public Interest
of local government bodies. She also Research Group (MPIRG) and served as
focuses on the environmental review of elected chair of the State Board of
development proposals and she has Directors. At Popham, Haik, Schnobrich
handled a number of sensitive cases & Kaufman, she coordinated research and
involving claims of police misconduct. writing teams on controversial litigation,
served as editor of the Public Law
BACKGROUND ■ Ms. Cole worked on LAWGRAM, and, as a member of the
Pro Bono Committee, coordinated teams
controversial environmental and energy representing women in domestic abuse
concerns for a state agency, the Minnesota proceedings. Ms. Cole has lectured widely
Department of Energy, Planning, and in land use law and police liability to city
Development, from 1976 to 1983. While officials. She is cochair of the Minnesota
in law school she served as a research Women Lawyers Judicial Endorsement
assistant at the League of Minnesota Cities Committee (since 1994) and chair of the
(1983- 1986). Ms. Cole graduated first in MSBA Local Government Committee.
her class from law school in 1986. After
graduation, she served as a law clerk for
two judges, Justice M. Jeanne Coyne of PERSONAL ■ A resident of St. Paul, Ms.
the Minnesota Supreme Court and U.S. Cole enjoys living in an historic
District Court Judge Robert G. Renner:" neighborhood and experimenting in the
In 1989, she joined the firm of Popham, kitchen. She also enjoys discussing fiction
Haik, Schnobrich & Kaufman, where she with members of her book club and
represented the cities of Minnetrista and working out at exercise classes.
Afton, and handled commercial and local
government litigation. Ms. Cole came to
Kennedy & Graven in 1997.
"I exJoy working witb cities because there is always some public
interest at stake -and sometimes competing public interests -in
everytbing they do."
' . Kennedy & Graven
C H A R T E R E D
oHN B. DEAN
LOCAL GOVERNMENT LAW / ECONOMIC DEVELOPMENT AND REDEVELOPMENT / LAND USE
J.D., University of Minnesota, 1969
B.A., University of Kansas, 1966
PRIMARY PRACTICE AREAS . John Brooklyn Park, Brooklyn Center, and
- experience in the Crystal, and he has lobbied and
Dean has extensive ex
p coordinated legislative programs of
practice of municipal law, including organizations, primarily in the law
drafting of ordinances, zoning and land enforcement field.
use planning, special assessments, real
estate, and condemnation. His trial work ��
includes both civil and criminal matters. AAEMBERSHIPS AND PROFESSIONAL
Lie represents municipal clients in zoning ACTIVITIES ■ Mr. Dean is a member of
and licensing matters in state and federal the Minnesota State Bar Association. As a
court. His practice extends to member of the Hennepin County Bar
redevelopment authorities, including Association, he serves on the Local
negotiating and drafting legal documents Government Law and Eminent Domain
and development agreements. Since 1988, Committees. He is admitted to practice
he has served as the city attorney for before the Minnesota Supreme Court and
Robbinsdale and, since 1997, Mound and other courts of the state, Federal District
Shorewood. He also represents the Court of Minnesota, and Eighth Circuit
Richfield and Chanhassen Housing and Court of Appeals.
Redevelopment Authorities.
P ERSONAL ■ Mr. Dean and his wife,
BACKGROUND . Mr. Dean began his Joanne, have one child. Mr. Dean enjoys
legal career as an assistant state public cross - country skiing and has taught at the
defender and assistant Hennepin County Hennepin County Park Reserve. Fishing
public defender, specializing in criminal and travel are also favorite leisure pursuits.
trial law (1969- 1971). He joined the He has taken cruises throughout the West
LeFevere Lefler firm in 1971 and Caribbean and is planning a trip along the
Kennedy & Graven in 1989. In addition eastern seaboard and to Bermuda.
to clients he currently serves, he has
represented the Hopkins School District,
Lake Minnetonka Conservation District,
"Development and redevelopment are the more innovative sides of
municipal work. Economic development is where things get done,
where the action is. Your work produces huge tangible results."
Kennedy Graven
C H A R T E R E 0
DANIEL'LA P. DEERING
' MUNICIPAL LAW / GOVERNMENTAL RELATIONS AND ADMINISTRATIVE LAW / REAL ESTATE
J.D., Hamlin University Sdhool of Law, 1995
M.P.A., Drake University, 1991
B.A., Grand View College, (Des Moines, IA), 1988
rRIlKAR PRACTICE AREAS . Daniel'la. from 1997 -1998. Ms. Deering joined
Deering practices in the areas of Kennedy & Graven in 1998. Ms. Deering's
municipal law, administrative law, and administrative and management
real estate. Her practice also includes experiences in the areas of governmental/
work with the litigation practice group. corporate relations, health care, and
She enjoys the variety of the projects insurance complement her municipal,
generated by the practice areas and the general corporate and real estate practice
high level of client contact. at the firm.
BACKGROUND ■ From 1987 -1991, AIEMERSM'S AND PROFESSIONAL
Ms. Deering worked as a clinic /projects ACTIVIIES ■ Ms. Deering is a member
manager for a section 501(c)(3) primary of the Minnesota State and the Hennepin
care center in Des Moines, IA. From and Ramsey County Bar Associations.
1991 -1992, she worked as an underwriter She is also a member of Minnesota
in the Individual Client Services division Women Lawyers and the Minnesota
of The Principal Financial Group. During Minority Lawyers Association.
law school, Ms. Deering clerked for the
St. Paul Companies. Ms. Deering served
as judicial clerk to The Hon. Edward J. PERSONAL . Ms. Deering and her
Parker at the Minnesota Court of Appeals husband live in Oakdale. She enjoys
from 1995 until Judge Parker's retirement aerobics, cooking, writing and traveling
in 1997. She then served as judicial clerk to warm places during the long
to The Hon. Edward Toussaint, Jr., Chief Minnesota winters.
Judge of the Minnesota Court of Appeals
"Conscientious attorneys " --at K&G it's not an oxymoron, but
an accurate description. A quality work product, exemplary
client service and an ethical practice with which I'm proud
to associate."
C H A R T E R E D
r ,
DANIEL J. GREENSWEIG
7 ECONOMIC DEVELOPMENT AND REDEVELOPMENT / HOUSING LAW / LOCAL GOVERNMENT LAW /
ENVIRONMENTAL LAW / TELECOMMUNICATION AND UTILITY LAW / PUBLIC FINANCE
J.D. (magna cum laude), William Mitchell College of Law, 1993
BA., Metropolitan State University, 1990
P RIMARY PRACTICE AREAS ■ Dan service departments, and sales force.
During this time, he obtained his general
Greensweig practices in the area of securities representative (series 7) license.
governmental law, representing public
fined Kennedy g p g p Mr. Greensweig to y &
bodies, private organizations, and Graven in 1995.
individuals in matters that include tax
increment financing, land use, and **��--
environmental issues. His clients include MEMBERSHIPS AND PROFESSIONAL
metropolitan and outstate cities, port ACTIVITIES ■ Mr. Greensweig was
authorities, EDAs and HRAs, and a admitted to practice in Minnesota in 1993.
variety of other groups. In 1994, he was admitted to practice
before the U.S. District Court for
B ACKGROUND . After his discharge Minnesota. A member of the Minnesota
State and Hennepin County Bar
from the United States Army, Mr. Associations, he currently teaches
Greensweig designed and conducted business law and ethics at Anoka- Ramsey
training programs for IDS Financial Community College, and serves as a board
Services (now American Express Financial member of Clean Water Action Alliance
Advisors). He was a member of the of Minnesota. He also regularly writes
American Society for Training and and speaks on legal issues related to his
Development, and published articles in practice.
the U.S. and abroad. During law school,
Mr. Greensweig served as a law clerk for
the League of Minnesota Cities Insurance PERSONAL ■ Mr. Greensweig, his wife,
Trust. After graduation, he clerked for Colleen, and their two sons, live in Circle
the Honorable Robert H. Schumacher at Pines, where he has served as a member
the Minnesota Court of Appeals, and then of the planning commission since 1996.
became assistant general counsel for a He enjoys fishing, reading, and cooking
national brokerage firm, where he for family and friends.
provided a full array of corporate legal
services to the company's senior
management, trading and customer
"In smaller cities, you can see an immediate impact when the community is
able to build new bousing or a manufacturing facility. I find great
satisfaction in belping a city keep or create job opportunities and in
belping people to stay in a place they love."
Ke nnedy & Graven
C H A R T E R E 0
AVID J. KENNEDY
7 PUBLIC FINANCE / GOVERNMENT RELATIONS AND ADMINISTRATIVE LAW / LOCAL GOVERNMENT LAW
B.A., University of Notre Dame, 1953
I L.B., University of Minnesota, 1960
P RIMARY PRACTICE AREAS ■ late David Graven, was a renowned public
lawyer and Minnesota political figure.
Throughout his law career, Dave Kennedy
has represented cities and other local **,��
government entities in the areas of MEMBERSHIPS AND PROFESSIONAL
municipal finance, local and state ACTIVITIES ■ Mr. Kennedy is a member
legislation, and general counsel services. of the Minnesota State and Hennepin
Nationally recognized bond - approving County Bar Associations and of the
counsel since 1973, he has served as City National Association of Bond Lawyers.
Attorney for Crystal since 1974 and for He has written and lectured widely in the
Sandstone since 1993. Mr. Kennedy is areas of local government law and finance.
listed in the American Research His numerous publications include the
Corporation's Law & Leading Attorneys chapter on "Debt and Borrowing,"
Guidebook in the area of federal, state, and Handbook for Minnesota Cities, League of
local government law (1994 - 1997). Minnesota Cities (1997 edition). He is a
board member of the Community
BACgGROUND ■ Mr. Kennedy served as Reinvestment Fund, a nonprofit
corporation that creates a secondary
a naval aviator and a member of the Navy market for local government economic
Reserve (now retired). While in law development loans throughout the
school, he was a research assistant for the country.
League of Minnesota Municipalities (now
League of Minnesota Cities). He served PERSONAL ■ A Minnesota native, Dave
as League staff attorney (1960- 1967), Kennedy enjoys literature and the arts.
director of the Minnesota Office of Local He is president of Caponi Art Park, a
and Urban Affairs (1967- 1969), and nonprofit organization in Eagan,
assistant senate counsel, Minnesota State Minnesota, whose mission is to develop a
Senate (1969 - 1972). Mr. Kennedy joined creative arts interpretive center to
the LeFevere Lefler firm in 1972. In stimulate interest in the arts. He and his
1989, he helped that firm's municipal law wife, Mitzi, have five children and seven
and public finance practices merge with grandchildren. In the summer, "they all
Kennedy & Graven (then known as live together in their crooked little house"
Holmes & Graven), whose cofounder, the in Marine on St. Croix.
"Tbese days people and the media tend to focus on federal and state
governments. But local government is wbere the action is-and always
bas been -and tbat's wbere we are at Kennedy & Grraven."
'Kennedy & Graven
C H A R T E R E D
IN
I
KARLE
V
L. L
EFEVERE
LOCAL GOVERNMENT LAW / GOVERNMENT RELATIONS AND ADMINISTRATIVE LAW / EMPLOYMENT LAW /
LAND USE / ECONOMIC DEVELOPMENT AND REDEVELOPMENT
J.D. (cum laude), University of Minnesota, 1975
B.A., St. Olaf College, 1968
PRIMARY PRACTICE AREAS ■ Charlie AGMBERSHIPS AND PROFESSIONAL
LeFevere has extensive experience ACTIVITIES ■ Mr. LeFevere is a member
representing public and private clients in a of the Minnesota State Bar Association,
broad range of municipal issues, including Public Law Section, and the Hennepin
planning and zoning, city charters, public County Bar Association, and has served
improvements and special assessments, on the Hennepin County Local
open meeting law, employment law, data Government Law Committee. He is also
practices, environmental law, public a member of the Minnesota Association
bidding, municipal litigation, and of City Attorneys. He lectures frequently
municipal finance. He is the city attorney for continuing legal education on
for New Brighton, Brooklyn Center, and municipal law topics, such as the use of
Rosemount, and serves as counsel to a mediation by governmental bodies, special
number of joint powers organizations, assessments, financing of storm water
HRAs, EDAs, port authorities, charter improvements, and municipal regulation
commissions, watershed management of landfills.
organizations, and special purpose
governmental units. Mr. LeFevere has PERSONAL ■ Mr. LeFevere and his wife,
been selected by the American Research
Corporation's Lav &I- eadingAttorneys Kathy, have two children. He has served
Guidebook in the area of federal, state, and as chair of the Mediation Center Board of
local government law. Directors and the Minnetonka Board of
Zoning Adjustment, and was president of
the Brooklyn Center Rotary and the
BACKGROUND ■ From 1969 to 1972, Wayzata Youth Hockey Association. He
Mr. LeFevere was a line officer in the U.S. enjoys hunting, fishing, backpacking, and
Naval Reserve. Following law school, he rehabbing his seventy - five -year -old log
joined the LeFevere Lefler firm (1975- cabin.
1989). He has practiced with Kennedy &
Graven since 1989.
"I enjoy the daily contacts with public officials and staff, and share
with them a sincere belief in the Importance of local government. I feed
very fortunate that, after more than twenty years in the practice of
public law (and over 1000 council meetings), I still enjoy my work and
feel good about what I do."
c H A R T E R E D
OHN M. LEFEvRE JR.
LITIGATION / EMPLOYMENT LAW / EMINENT DOMAIN
J.D., University of Michigan, 1969
B.A. (cum laude), Williams College, 1966, Phi Beta Kappa
PRIMARY PRACTICE AREAS ■ Mac program in New York State. He came to
Minnesota in 1977 and has practiced with
LeFevre is a courtroom lawyer, one of the firm ever since.
Kennedy & Graven's several experienced
litigators. His practice emphasizes
condemnation (eminent domain), MEMBERSHIPS AND PROFESSIONAL
employment and labor matters, and ACTIVITIES ■ Mr. LeFevre is a member
government liability. His memorable of the Minnesota State and Hennepin
work includes defending municipal County Bar Associations. He coauthored
employers in employment discrimination, "Minnesota Condemnation Law and
particularly in sexual harassment claims. Practice" (Butterworth Legal Publishers,
He defended a large governmental 1990), and is author of "Some Ethical
employer in a sexual harassment case, and, Issues in the Eminent Domain" (Hennepin
as a result of a successful summary Lawyer, 1982) and Damages in Eminent
judgment motion by Mr. LeFevre, the Domain Matters," published by Real Estate
employer was dismissed from the case. Journal. Mr. LeFevre served as a referee in
He was also successful in such major Hennepin County Conciliation Court
eminent domain cases as the Metrodome from 1980 to 1992.
and the Crown Roller Mill, as well as
other redevelopment projects. PERSONAL ■ Mr. LeFevre lives in
Plymouth, where he and his wife Marsha,
BACKGROUND . Following law school, are raising two sons and a daughter. An
Mr. LeFevre served as a captain in the avid runner, he has completed four
U.S. Maxine Corps Reserve (1970 -1972) marathons. He is still trying to learn the
and spent his early career trying cases in game of golf. He has coached teams for
the military JAG Qudge Advocate all three of his children in football, soccer,
General) Program and in a legal services basketball, and baseball.
"I Joined this firm twenty years ago in order to practice a challenging
variety of law witb a focus on issues of public interest. I enjoy solving
problems so that public officials can concentrate on doing their real
j obs."
Kennedy& Graven
C H A R T E R E D
ROBERT J. LINDALL
EMINENT DOMAIN / REAL ESTATE / ENVIRONMENTAL LAW
J.D., University of Minnesota, 1969
B.A., University of Minnesota, 1966
PRIMARY PRACTICE AREAS . Bob Association. He has been with Kennedy
& Graven since 1978.
Lindall brings many years of experience to **,��
his practice in the areas of eminent AlEMBERSHIPS AND PROFESSIONAL
domain, real estate, environmental law, ACTIVITIES ■ Mr. Lindall was a member
property tax appeals, and public law, with of the Minnesota Environmental
an emphasis on condemnation and. Education Council (1971- 1975), serving as
environmental cost recovery issues. The its chairman from 1974 to 1975, and a
Minnesota State Bar Association has member of the Metropolitan Council
certified him as a Real Property Law Transportation Advisory Board (1978 -
Specialist. 1981). He is a longtime member of the
Hennepin County Bar Association and
BACKGROUND ■ Mr. Lindall began his served as its Eminent Domain Committee
chair from 1981 to 1983. He belongs to
legal career as a special assistant attorney the Minnesota State Bar Association
general, representing the Minnesota where he is active in his specialty areas.
Pollution Control Agency (1969- 1973). Mr, Lindall is coauthor of Minnesota
From 1973 to 1978, he was staff attorney, Condemnation Lain and Practice (Butterworth
general counsel, and, finally, president and Legal Publishers, 1990), as well as several
general manager of Jonathan articles on eminent domain.
Development Corporation. A
councilmember for the city of Chaska for
eighteen years, he has been Mayor Pro PERSONAL ■ Mr. Lindall enjoys
Tern since 1984. He has served as community work and family activities with
president of the Southwest Corridor his wife, Mary, and their three children.
Transportation Coalition since 1989. As a music enthusiast, he listens to jazz
Former member of the Southwest Metro and sings in both church and community
Transit Commission, he was a longtime choirs. They enjoy traveling, especially
member of the International Right of Way family car trips.
"My goal is, to the best of my ability, to accompUsb a good result for
my client. I enjoy working on public projects, for example, the
Metrodome, the Minneapolis Convention Center, the widening of 77
Street in Ricbfield and 79 Street in Bloomington, because you can
identify with the objectives as being beneficial for the community at
large"
Kenn- y& Graven
G H A R T E R E D
ROBERT C. LONG
LOCAL GOVERNMENT LAW / GOVERNMENT RELATIONS AND ADMINISTRATIVE LAW / ECONOMIC
DEVELOPMENT AND REDEVELOPMENT / PUBLIC FINANCE / LITIGATION / HOUSING LAW
J.D. (cum laude), University of Minnesota, 1985
B.A (summa cum laude), Macalester College, 1981. Phi Beta Kappa
member of the Twin Cities Family
P RIMARY PRACTICE AREAS ■Bob Long Housing Fund. Mr. Long joined Kennedy
practices in the areas of municipal law, & Graven in 1994.
public finance, government
representation, economic development **,��
and housing and legislative MEMBERSHIPS AND PROFESSIONAL
representation. He is the city attorney for ACTIVITIES ■ Mr. Long is a member of
Mounds View and Cottage Grove, and he the Ramsey County and State Bar
serves as special legal counsel on Associations, the Economic Development
economic development matters for Association of Minnesota (EDAM), the
numerous HRAs, EDAs, and port Minnesota Government Relations
authorities. Council, and the Minnesota Chapter of
the National Association of Housing and
BACKGROUND ■ From 1981 to 1982, Redevelopment Officials (NAHRO). He
has served as the president of the
Mr. Long was the staff aide to former St. Association of Metropolitan
Paul Mayor George Latimer. After Municipalities (1991 -1992) and chaired the
clerking in the Hennepin County Energy and Environment Resource
Attorney's Office during law school, he Center Board (1992- 1993). In 1992 and
served as the executive director of the 1993, he was the vice president of the
Minnesota Justice Foundation, and then Ramsey County League of Local
as a special assistant attorney general for Governments. He is currently the
the State of Minnesota in the Consumer president of the League of Minnesota
_ Protection Division (1985- 1988). St. Paul Cities (LMC).
City councilmember from 1988 to 1994,
he chaired the council's Finance and
Intergovernmental Relations Committees PERSONAL ■ Bob Long lives in St. Paul
and served as the commissioner for the St. with his lawyer wife, Karen, and their two
Paul Port Authority, the Housing and children. He plays hockey with a men's
Redevelopment Authority, and the Civic league and also coaches youth hockey and
Center Authority. He was a board soccer for his son's and daughter's teams.
"My involvement in public service in the Minnesota Attorney General's
office and as St. Paul City councilmember made joining Kennedy & Craven
a very easy decision. With the , f lrm's history of and commitment to
representing local governments, my work here truly is a labor of love."
Kenn
G H A R T E R E 0
i
SCOTT J. RIGGS
LOCAL GOVERNMENT LAW / REAL ESTATE LAW / ECONOMIC DEVELOPMENT AND REDEVELOPMENT LAW
J.D., William Mitchell College of Law, 1994
B.A., St. Olaf College, 1988
P RIMARY PRACTICE AREAS ■ Scott
went on to clerk at the League of
1992 -
Riggs practices in the area of municipal Minnesota Cities Insurance Trust
1994). In 1994, he began three years of
law and real estate. He is currently the practice at Hoff, Barry & Kuderer, P.A.,
city attorney for the cities of Kenyon and in Eden Prairie, where, in addition to his
West Concord, where he handles issues emphasis on municipal law, he practiced
related to agricultural cities. He is also in the areas of criminal prosecution, real
involved in the firm's representation of estate, and civil litigation. He joined
metropolitan area cities, various economic Kennedy & Graven in March of 1997.
development agencies, including the
Kenyon Economic Development **��
Authority, and presently represents the 1&MBERSHIPS AND PROFESSIONAL
Kenyon Municipal Utilities Commission ACTIVITIES ■ Mr. Riggs is a member of
the Minnesota State and Hennepin
B ACKGROUND ■After graduating from County Bar Associations. He teaches
"The Legal Environment of Business" at
college, Mr. Riggs served as a staff Anoka- Ramsey Community College.
assistant for Congressman James L.
Oberstar, first in Washington, D.C., and
then in Duluth, Minnesota (1987- 1990). P ERSONAL ■ Scott Riggs is active in
While in Washington, Mr. Riggs reached Habitat for Humanity and the Metro
the dean's list for his work in the Paint- A -Thon. He and his wife, Jocelyn,
Washington Semester Foreign Policy have three daughters. He coaches
Program at American University. While basketball and soccer for all three girls and
in law school, he was a staff member on also serves on the board of the Eden
the William Mitchell Law Review. As a Prairie Girls' Basketball Association. He
legal research assistant for the League of recently completed the Eden Prairie Mini-
Minnesota Cities (1990- 1992), he worked triathlon.
with federal, state, and local officials on
legislation issues affecting cities. He then
"I enjoy the wide- ranging practice available at Kennedy & Graven,
from advising suburban cities to the unique development issues
confronting agricultural communities. The breadth of experience
present at Kennedy & Graven, and the teamwork approach to
municipal representation, permit me to quickly respond to any new
issues facing cities."
Ke nnedy & Graven
G H A R T E R E D
AMES M. STROMMEN 11
LITIGATION TELECO I GOVERNMENT LA
/ TELECOMMUNICATION AND UTILITY LAW /LOCAL GO NT W
J.D. (cum laude), University f Minne ry �
B.A. (magna cum laude), Augsburg College, 1977
P RIMARY PRACTICE AREA ■ Jim ME MBERSHIPS AND PROFESSIONAL
Strommen practices municipal law and is ACTIVITIES . A member of the
highly regarded in the area of public Minnesota State Bar Association, Mr.
utilities. Since 1990, he has been general Strommen has been admitted to state and
counsel to the Suburban Rate Authority, a federal courts, including the Eighth and
joint powers organization of metropolitan Ninth Circuit Courts of Appeals. He has
area cities, which intervenes in electric, drafted or advised on legislation in
gas, and telecommunications matters criminal harassment - stalking, municipal
before the Public Utilities Commission. utility franchise, and municipal right-of-
He also represents cities in utility way authority in telecommunications. In
franchise and commercial litigation addition, he has been a presenter in his
matters and has drafted model utility specialty areas for Minnesota city
ordinances and franchises. In his attorneys and public utility organizations
commercial litigation practice, he and has assisted in trial practice classes at
represents closely held corporations and the William Mitchell College of Law.
individuals in contract matters,
employment termination, sexual PERSONAL ■ Mr. Strommen lives in
harassment, and noncompete agreements.
Minnetonka with his wife and three
children, one of whom is a child with
B ACKGROUND . While serving in the special needs. He is active on behalf of
army, Mr. Strommen was a German special needs children, serving on the
linguist, studying at the Defense Language Minneapolis and St. Paul Children's
Institute in Monterey, California (1973). Health Care Hospitals Institutional
He practiced with the LeFevere Lefler Review Board. In running three
firm from 1983 to 1989, coming to marathons, he has raised a combined total
Kennedy & Graven with several of his of over $20,000 for charitable causes. He
municipal law partners in 1989. is also active in church and youth sports
programs and coaches basketball.
�
"By intervening in rate cases, we are a watchdog of utilities. Attorneys at
Kennedy & Graven have a signi, fkant breadth of knowledge in all areas
that city attorneys need Our challenge is in advising clients before
circumstances arise that may cause litigation."
Kennedy & Graven
C H A R T 9 R E 0
CORRINE HEINE THOMSON ■
1
LOCAL GOVERNMENT LAW /EMINENT DOMAIN /LAND USE /LITIGATION
J.D. (magna cum laude), University of Minnesota, 1983
B.A. (summa cum laude), Wartburg College, 1979
PRIMARY PRACTICE AREAS ■ Corrine she served as cochair of the Local
Government Committee (1993 - 1994). A
Thomson practices in the municipal law member of Minnesota Women Lawyers
area, where she handles diverse matters since 1986, she has been both president
that run the gamut from data practices (19941995) and cochair (1988 -1990) of
and free speech to real estate and
contracting. In addition to serving as the the Communi ty Relations Committee.
Since 1987, she has been a member of the
city attorney for Richfield, Loretto, and Minnesota City Attorneys' Association,
Independence, Ms. Thomson also serving on the board of trustees since
practices in the areas of eminent domain 1994 and as president (1996 - 1997). Her
and municipal litigation. other memberships include the
International Municipal Lawyers
BACKGROUND ■ Following law school, Association (formerly the National
s h e Institute of Municipal Law Officers
worked as a law clerk to District p )
Judges Edward A. Bearse and Stanley N. where she has been the state chairperson
Thorup in Anoka County. She practiced since 1992. Ms. Thomson has also
with the LeFevere Lefler firm from 1985 lectured on "Regulation of Waste
to 1989, and has continued her practice Collection" (1989 Attorneys Update) and
with Kennedy & Graven since then. "Update on Data Practices" (1994 City
Attorneys Update).
1VIEMBERSH
IPS AND PROFESSIONAL
ACTIVITIES . Ms. Thomson brings PERSONAL ■ Ms. Thomson enjoys
strong leadership qualities to numerous reading good mysteries and fiction, as well
professional organizations. Admitted to as browsing in antique shops. She also
the bar in Minnesota in 1983, she has keeps busy "watching my family watch
been a member of the Public Law Section sports," spending time with her husband,
Newsletter and Data Practices Jim (Kennedy & Graven colleague), and
Committees since 1993. As a member of their three children.
the Hennepin County Bar Association,
"I like working with local governments because their decisions have a
direct impact on people and neighborhoods. Every city we represent
reminds me in some way of the small town where I grew up. Working with
cities gives me a sense of purpose and community."
Kennedy Graven
C H A R T E R E D
fin
i
S:
AMES J. THOMSON
LOCAL GOVERNMENT LAW / LAND USE/ LITIGATION
J.D. (magna cum laude), University of San Diego, 1976
B.A., University of Notre Dame, 1969
PRIMARY PRACTICE AREAS ■ Jim MEMBERSHIPS AND PROFESSIONAL
Thomson has been practicing governmental ACTIVITIES n In addition to
law and litigation for over twenty years, and memberships in the California, Minnesota,
has been selected by the American Research and Hennepin County Bar Associations,
Corporation to be listed in the Minnesota Mr. Thomson is a member of the
Guidebook to Law and LeadingAttorneys. His International Municipal Lawyers
practice includes land use and local Association and past president of the
government representation, and he also Minnesota City Attorney's Association.
represents clients commercial litigation He is a frequent CLE lecturer on
matters. He has served as the city attorney governmental issues, such as inverse
for Plymouth (1986- 1992), Mounds View condemnation, land use, governmental
(1992- 1995), and is currently the city attorney liability, and regulatory takings. Mr.
for Shakopee and the assistant city attorney Thomson is the author of publications on
for Brooklyn Park. issues such as zoning for adult
entertainment.
BACKGROUND ■ Vietnam veteran and
former marine captain, Mr. 'Thomson spent PERSONAL ■ A former member of the
six years as a deputy city attorney for San U.S. Reserve Officers International
Diego, both in the Criminal Division (1976- Pentathlon Team, Mr. Thomson has
1978) and in the Civil Litigation Division completed twelve marathons. He is an
(1978- 1982), where he focused on real avid baseball fan and an active participant
property, eminent domain, construction, in Bloomington's youth baseball program,
environmental, and land use litigation. A where he volunteered as coach for fifteen
member of the LeFevere Lefler firm from years. He enjoys spending time with his
1982 to 1989, he brought his skills and wife, Corrine Heine Thomson, also an
knowledge to Kennedy & Graven in 1989. attorney at Kennedy & Graven, and their
three children.
"In issues ranging from animal regulations to zoning, I enjoy belping
cities accomplisb their goals and doing wbat both the elected officials
and staff tbink is best for their city."
Kennedy , Gr
C H A R T @ R E 0
ROBERT J.V. VOSE
TELECOMMUNICATIONS AND UTILITY LAW / LOCAL GOVERNMENT LAW /
GOVERNMENT RELATIONS AND ADMINISTRATIVE LAW / LITIGATION
J.D., University of Minnesota, 1994
B.A., University of Wisconsin, Madison, 1990
Attended Gustavus Adolphus College, 1986 -88
RY pRACn`CE SAS ■ Bob Vose municipal clients: from the smallest rural
has represented municipalities and municipalities to the largest metropolitan-
municipal joint powers entities in all area cities. Mr. Vose is a member of the
aspects of cable television regulation, Minnesota Association of Community
telecommunications law, Telecommunications Administrators
telecommunications infrastructure (MACTA), an association of municipal
development, and right -of -way telecommunications regulators and
management issues since his graduation managers affiliated with the League of
from law school. Mr. Vose advises Minnesota Cities. Mr. Vose is currently the
municipal clients in cable franchise Chair of MACTA's Legislative Committee
administration and enforcement, franchise and has served as both legal counsel and
renewals and transfers, competitive lobbyist for the organization. Mr. Vose
franchising, and development of joined Kennedy & Graven in 1999.
municipal systems. He has also
represented clients in district courts 77�� �
and the Minnesota Court of Appeals AIEMB ERSMPS AND PROFESSIONAL
on a number of occasions. ACTIVITIES ■ Mr. Vose is a member of the
American, Minnesota State and Hennepin
County Bar Associations and the
BACKGROUND ■ During law school Communications Law Section of the
at the University of Minnesota, Mr. Vose Hennepin Bar. He is also a member
served as a summer associate at the of the National Association of
Fryberger, Buchanan, Smith and Frederick Telecommunications Officers and
firm in his hometown of Duluth. After Advisors (NATOA) and MACTA.
graduation, Mr. Vose worked for five
years at Bernick and Lifson focusing his
practice in municipal telecommunications FRSONAL . Mr. Vose lives in
law. Mr. Vose has worked with dozens Minneapolis and enjoys sports of all kinds
of municipalities around the country in including tennis, hockey and golf. In
the Y g p rap evolvi area of municipal addition to participating in neighborhood
P
telecommunications regulation and association activities, Mr. Vose spends
right -of -way management. Mr. Vose time traveling, reading and remodeling
concentrates on understanding and his home.
developing the unique needs of his
"I enjoy working with local governments to ensure that
telecommunications services and facilities both meet the
needs of the community and local institutions but also
Provide an important community development tool"
Kennedy& Graven
C H X R T E R E D
LARRY M. WERTHEIM
1 REAL ESTATE / LITIGATION
1"
J.D. (magna cum laude), University of Minnesota, 1976
MA., University of Wisconsin, 1973
A.B., University of California, Berkeley, 1971, Phi Beta Kappa
PRIMARY PRACTICE AREAS . Larry Minnesota Bench and Bar, The Hennepin
Lawyer, and Minnesota Journal of Real
Wertheim is experienced in commercial Estate Law. As an adjunct professor at
and residential real estate matters, William Mitchell College of Law and
including acquisition, development and Hamline University Law School, he
sale transactions, financing, loan defaults,
lectures in the more esoteric area of Law
leasing, title matters, subdivisions, and and Literature. He is the author of "Law,
common ownership. He also assists Literature, and Morality in the Navels of
municipal lawyers in the firm on real Charles Dickens," "Law as Frolic: Law
estate matters, and assists on real estate- and Literature in A Frolic of His Own,"
related litigation as well. Mr. Wertheim is and "The First Othello: A Tribute to the
certified as a real property specialist. His Anglo- American Adversary System," all
current clients include The Pemtom Land published in the William Mitchell Lase
Company, LIFETIME FITNESS, Pratt Review. In addition, Mr. Wertheim has
Homes, and National City Bank of served as chair of the MILE annual real
Minneapolis. estate seminar and has lectured widely on
real estate matters for continuing legal
BACKGROUND ■ Mr. Wertheim began education, including Real Property Law
his professional career as a law clerk at the Specialist certification exam lectures.
firm in 1975. He learned the practice of
law ("among other things' under the PERSONAL ■ Mr. Wertheim is married
guidance of the late David Graven. to Alice Okrent and has two children. In
addition to his writing, he enjoys reading
MEMBERSHIPS AND PROFESSIONAL (particularly literature and philosophy),
ACTIVITIES ■ Mr. Wertheim is a member films, and The Simpson. Also, despite
of the Minnesota State and Hennepin limited technical ability, he enjoys sailing.
County Bar Associations. His publications
include numerous articles on real estate in
"I enjoy working on real estate development, wbetber it be a residential
subdivision or a commercial transaction sucb as the new LIFETIME
FITNESS club in Plymoutb."
Kennedy& Graven
C H A R T E R E D
t.
k. BONNIE L. W ILKINS
1 LITIGATION / BANXRU"CY LAW / REAL ESTATE LAW / HOUSING LAW
J.D. (cum laude), University of Minnesota, 1986
B.A., North Dakota State University, 1966
P RIMARY PRACTICE AREAS ■ Bonnie regional competition. She was admitted
r . to the bar and joined the firm in 1986.
Wilkins' practice emphasizes real estate
and commercial, as well as environmental 1*�,��
and condemnation - related, litigation fora 11�lEMBERSHIPS AND PROFESSIONAL
r:
major interstate pipeline facility ACTIVITIES ■ Ms. Wilkins is a member of
Y businesses, and municipalities. Her the Minnesota and Ramsey County Bar
extensive litigation experience also Associations, and Minnesota Women
involves issues related to housing Lawyers. She has taught legal writing and
discrimination, leases, and unlawful appellate advocacy courses at the
detainer. In bankruptcy work, she University of Minnesota Law School, and
primarily represents corporate and performs pro bono legal services for
individual debtors in Chapter 11 Minnesota Advocates for Human Rights,
reorganizations, and she also represents focusing on asylum proceedings.
lenders in Chapter 11 proceedings and
advises municipalities on bankruptcy
' issues. PERSONAL ■ Ms. Wilkins volunteers at
the English Learning Center, a language
program for immigrants and refugees.
She is active in American Field Services
B A CgGROUND ■ Ms. Wilkins worked
for the St. Paul Companies in employee (international student exchange program)
communications before becoming the and chairs the board of directors of the
public relations director for the Girl Scout Cedar - Riverside People's Center, a
Council of St. Croix Valley (in St. Paul). community health care and services
In law school, she continued her interest provider. In the summer, she enjoys her
in writing and oral presentation by perennial and herb gardens as well as
participating in International Moot Court boating on the St. Croix with her
and competing in the ABA Moot Court husband, Gerry, and their two daughters.
"Dave Graven drew me to this firm: his love of being on the leading
edge of the law, his great enthusiasm for public affairs, his
unparalleled ability to bring out the best in others. Fortunately, his
spirit lives on and still permeates Kennedy & Graven. I like to believe
that our clients, even those who never knew Dave directly, continue to
benefit from that extra measure of excellence that was Dave Graven."
Kennedy Graven
C H A R T E R E D
OE Y. YANG ■
LITIGATION / LOCAL GOVERNMENT LAW / HOUSING LAW / LAND USE / EMINENT DOMAIN / EMPLOYMENT
LAW / ENVIRONMENTAL LAW
i
J.D., William Mitchell College of Law, 1995
B.A., Northwestern University, 1991
District and Supreme Courts of
PRIMARY AREAS OF PRACTICE ■ Joe
Minnesota and joined Kennedy & Graven
Yang practices in the area of civil that same year.
litigation, representing primarily public
x
clients such as Shorewood, Robbinsdale, **
and Mounds View on various civil i&MBERSHIPS AND PROFESSIONAL
matters. He represents municipalities ACTIVITIES ■ Mr. Yang is a member of
a ^ L..
through the League of Minnesota Cities the Minnesota State and Hennepin
Insurance Trust and, with attorneys County Bar Associations. While in
x Wilkins and LeFevre, represents a major college, he worked with children -in the
interstate pipeline company, protecting Northshore YWCA Shelter for Battered
that company's right -of -way interests in Women in Evanston, Illinois. He
p: Minnesota. Mr. Yang also concentrates continued his interest in the welfare of
children throughout law school in the
on hazardous - buildings matters for
municipalities. Ramsey Country Guardian Ad Litem
Program, where he served as an attorney
BACKGROUND ■ Mr. Yang began his under the student practice rules (1993-
1995). He continues to volunteer as a
emphasis on litigation in law school. As Guardian Ad Litem for Ramsey County,
the head law clerk for the Ramsey County working on behalf of children in juvenile
Public Defender's Office, he supervised a an d family court proceedings.
staff of ten law clerks. He represented
juvenile, felony, gross misdemeanor, and
Y; .
misdemeanor clients under the student PERSONAL ■ Mr. Yang enjoys cooking,
practice rules, second - chaired first- degree and he spends most of his weekends
murder and criminal sexual conduct trials, fishing, canoeing, and camping. Travel is
wrote appellate briefs, and made oral another interest, highlighted by a recent
arguments at the Minnesota Court of Bali honeymoon with his wife, Robin, a
Appeals. In 1993, he worked for the textile designer.
Dakota County prosecutor in the
Misdemeanor Clinic. In 1995, Mr. Yang
was admitted to practice before the U.S.
"Kennedy & Graven has allowed me to experience civil litigation and the
private practice setting while still being heavily involved in government. I
enjoy working directly with both municipal and private clients."
G H A R
T E R 6 C
c
The City of Brooklyn Center, pursuant to City Council policy, is reviewing 3 proposals for civil
legal services. The Mayor and City Council would appreciate your assistance in reviewing
these proposals by completing this survey regarding the provision of civil legal services to the
City of by the firm of ��AAO MA
How would you rate the current civil legal services on the following aspects?
A) Response to legal issues /questions is:
1. Prompt almost always
D_ C,, usually
sometimes
not usually
2. Complete almost always
X usually
sometimes
not usually
3. Gives and understandable and usable answer
almost always
usually
sometimes
not usually
4. Definitive: a direct answer to guide decision making
almost always
usually
sometimes
not usually
Comments:
B) Accessibility
1. Are you able to contact or receive return calls in a timely fashion?
almost always
usually
_ sometimes
not usually
Comments:
C) Projects
1. Are projects completed in a timely fashion?
almost always
k usually
sometimes
not usually
2. Are projects completed in an accurate manner?
almost always
SC usually
sometimes
not usually
3. Are projects completed in a comprehensive fashion?
almost always
usually
sometimes
not usually
Comments:
D) Representation or assistance in dealing with others.
1. Have you been satisfied with the assistance or representation during
negotiations or hearings?
almost always
k usually
sometimes
not usually
Comments:
The City of Brooklyn Center, pursuant to City Council policy, is reviewing 3 proposals for civil
legal services. The Mayor and City Council would appreciate your assistance in reviewing
these proposals by completing this survey regarding the provision of civil legal services to the
City of ti�e, �., au ,.� by the firm of Ve,.A -t cA
How would you rate the current civil legal services on the following aspects?
A) Response to legal issues /questions is:
1. Prompt tK almost always
usually
sometimes
not usually
2. Complete X almost always
usually
sometimes
not usually
3. Gives and understandable and usable answer
K almost always
usually
sometimes
not usually
4. Definitive: a direct answer to guide decision making
,4 almost always
usually
sometimes
not usually
Comments: `T
B) Accessibility
1. Are you able to contact or receive return calls in a timely fashion?
X almost always
usually
sometimes
not usually
Comments:
C) Projects
1. Are projects completed in a timely fashion?
A almost always
usually
sometimes
not usually
- 2. Are projects completed in an accurate manner?
x almost always
usually
sometimes
not usually
3. Are projects completed in a comprehensive fashion?
K almost always
usually
sometimes
not usually
Comments:
D) Representation or assistance in dealing with others.
1. Have you been satisfied with the assistance or representation during
negotiations or hearings?
�C almost always
usually
sometimes
not usually
Comments:
The City of Brooklyn Center, pursuant to City Council policy, is reviewing 3 proposals for civil
legal services. The Mayor and City Council would appreciate your assistance in reviewing
these proposals by completing this survey regarding the provision of civil legal services to the
City of Pt"j 01,-- by the firm of WzA�#�
How would you rate the current civil legal services on the following aspects?
A) Response to legal issues /questions is:
1. Prompt almost always
usually
sometimes
not usually
2. Complete almost always
usually
sometimes
not usually
3. Gives and understandable and usable answer
✓ almost always
usually
sometimes
not usually
4. Definitive: a direct answer to guide decision making
almost always
usually
sometimes
not usually
Comments: GAL
B) Accessibility
1. Are you able to contact or receive return calls in a timely fashion?
almost always
usually
sometimes
not usually
Comments: TI G4.s✓ ( �.c. �ft�rV�' cs " a ✓� �� �S ,�- i
cj At �
C) Projects
1. Are projects completed in a timely fashion?
almost always
usually
sometimes
not usually
2. Are projects completed in an accurate manner?
almost always
usually
sometimes
not usually
3. Are projects completed in a comprehensive fashion?
almost always
usually
sometimes
not usually
Comments:
D) Representation or assistance in dealing with others.
1. Have you been satisfied with the assistance or representation during
negotiations or hearings?
almost always
usually
sometimes
not usually
Comments: �cF L �� ✓ ✓� s 46 tt 1 .SJt , " L✓'7 �✓1w�.•v�
/SrSvCS
Sweeney, Borer and Sweeney
M►c ae Inc au ey - Sweeney, Borer Sweeney
From: Sharon Knutson
To: Michael McCauley
Date: 2/2/00 2:34PM
Subject: Sweeney, Borer & Sweeney
I talked with Pat Sweeney this afternoon regarding the letter of withdrawal to provide legal services for
Brooklyn Center. The reasons for withdrawal are as follows:
1) circumstances have changed in the last four months, as well as staff
2) Brooklyn Center's current City Attorney is in good standing with the City Council and this is only
done because of City Council policy resolution requirement and their firm would not want to have hard
feelings by running against current City Attorney
3) they have had a previous interview experience in which the current City Attorney they were up
against was in good standing and that firm was quite upset that they were in the running
4) they are happy with Blaine as a client and would not want to jeopardize that working relationship
ne Borer & Sweeney
Sweeney, y
Professional Association
Thomas M. Sweeney Attorneys at Law Telephone
George F. Borer Suite 1200 (651) 222 -2541
Patrick J. Sweeney Facsimile
Robin D.'Tomney 386 North Wabasha Street (651) 223 -5289
Michael J. B °aka St. Paul, Minnesota 55102
January 31, 2000
VIA FACSIMILE AND U.S. MAIL (612 -569 -3494)
Mr. Michael J. McCauley
City Manager
City of Brooklyn Center
6301 Shangle Creek Parkway
Brooklyn Center, MN 55430 -2199
RE: City of Brooklyn Center/Legal Services
Dear Mr. McCauley:
I am in receipt of your letter dated January 26, 2000, wherein you invited us to interview
before the Council for civil legal services. While we appreciate your invitation, we respectfully
wish to withdraw as a candidate to provide legal services for the City of Brooklyn Center at this
time. Therefore, we will not be appearing for the scheduled interview on February 7, 2000.
If you have any further questions relative to this matter, please let me know.
Very truly yours,
SWE NEY, B R& SWEENEY
George F. orer
GFB /cp
cc: Sharon Knutson
e
The City of Brooklyn Center, pursuant to City Council policy, is reviewing 3 proposals for civil
legal services. The Mayor and City Council would appreciate your assistance in reviewing
these pr by completing this survey regar � ' g the prp� of ci 1 legal services to the
City of��V by the firm of ' cr -eetzr , .
How would you rate the current civil legal services on the following aspects?
A) Response to legal issues /questions is:
1. Prompt almost always
usually
sometimes
not usually
2. Complete x almost always
usually
sometimes
not usually
3. Gives and understandable and usable answer
almost always
usually
sometimes
not usually
4. Definitive: a direct answer to guide decision making
X almost always
usually
sometimes
not usually
Comments: X VF -'e-1 �WE:Z- c- g'gz,g(1e'o r✓ iYt , .l v w �°r�
B) Accessibility
1. Are you able to contact or receive return calls in a timely fashion?
almost always
usually
sometimes
not usually
Comments: 4/—W 'q v 5 y�LGI /z- d,6 e'DR /116,5�9-,*q 4®L��e F_
C) Projects
1. Are projects completed in a timely fashion?
X
almost always
usually
sometimes
not usually
2. Are-projects completed in an accurate manner?
almost always
usually
sometimes
not usually
I Are projects completed in a co fashion?
almost always
usually
sometimes
not usually
Comments: 4C6 4 01 �- qAO
A
D) Representation or assistance in dealing with others.
1. Have you been satisfied with the assistance or representation during
negotiations or hearings?
almost always
usually
sometimes
not usually
Comments: ,ift WAv5 1 / fRY PRO ruk L ,
The City f
Brooklyn Center, pursuant to City Council policy, is reviewing 3 proposals y Yi► � P tY P cY� g for civil P P
legal services. The Mayor and City Council would appreciate your assistance in reviewing
these r
p oposals by completing this survey regarding the provision of civil legal services to the
City of Little Canada by the firm of Sweenev, Borer, Sweenev
How would you rate the current civil legal services on the following aspects?
A) Response to legal issues /questions is:
1. Prompt x almost always
usually
sometimes
not usually
2. Complete V almost always
usually
sometimes
not usually
3. Gives and understandable and usable answer
x almost always
usually
sometimes
! not usually
4. Definitive: a direct answer to guide decision making
x almost always
usually
sometimes
not usually
Comments Very rational. loaical. and r easonabl P in thai r
analysis and advice on issues.
B) Accessibility
1. Are you able to contact or receive return calls in a timely fashion?
x almost always
usually
sometimes
not usually
1 ,
Comments: They make it a priority to answer my calls. Very accessible.
C) Projects
1. Are projects completed in a timely fashion?
x almost always
usually
sometimes
not usually
2. Are projects completed in an accurate manner?
Y almost always
usually
sometimes
not usually
I Are projects completed in a comprehensive fashion?
x almost always
usually
sometimes
not usually
Comments: n,,. Mav1,r nnri ty C3I rri 1 havo + ramandnus trust anA
respect for their work product!
D) Representation or assistance in dealing with others.
1. Have you been satisfied with the assistance or representation during
negotiations or hearings?
x almost always
usually
sometimes
not usually
Comments: They have represented the City extremely well. We have won
some tough cases that may not have gone our way without
their superior service.