2) Interview Applicants for City Attorney {
City of Scandia
City Attorney Interview Questions
November 27, 2012
Introductions-- All present should introduce themselves (Council, attorneys)
1. Please briefly tell us about your/your Firm's qualifications for Scandia City Attorney and
your/your Firm's Experience in municipal law including how many municipal clients you
currently have?
2. Who would be the primary City Attorney and what other resources would you bring to the
City of Scandia?
3. What do ou know about Scandia? What would be the challen es with r resentin our
Y
g � g
city?
4. A primary function of the City Attorney will be to assist and advise the City Council and
City Administration with the conduct of business meetings and the preparation, interpretation
and revision of City Ordinances, Resolutions and other official documentation. Please
describe your firm's experience with such critical tasks?
5. What is your experience with external resources, such as the League of MN Cities and/or its
Insurance Trust, outside Bond Counsel, or other specialized services?
6. Scandia will soon be holding public hearings on a CUP for a mining project near the St.
Croix River. Please describe your experience with land use issues and the development
process? (variances, conditional use permits,PUDs, subdivision approvals, etc)
7. Do you have experience with cable television franchising?
8. How would you handle a situation where a City Council Member or the City Administrator
told you to do something you disagreed with?
�
9. Please describe your/your Firm's experience with issues relating to employee relations, and
hiring, discipline and termination of employees?
10. Describe you/your firm's experience with issues relating to municipal involvement in
economic development activities, including: interpretation of statutes and preparation of
documents relating to Tax Increment Financing (TIF), Real Estate transactions and other
State of MN-related incentive programs, and/or other similar economic development
activities?
11. Please describe your experience with issues relating to municipal ownership,management
and operation of public utilities, specifically wastewater systems?
12. Describe for us a time when a client-such as the Mayor or Council Member-or in a City's
case, a citizen, misunderstood something you said or wrote. How did you determine there
was a misunderstanding? How did you correct it? What was the final outcome?
13. How would you handle a conflict of interest should one arise?
14. What kind of regular reports might we expect from you as City Attorney? What information
will you provide elected officials with to keep current on legal issues that may affect our
City?
15. We are very interested in the cost of this service. Please explain how you bill for your
services: how do you charge for phone calls, meetings,travel, etc.?
16. As we mentioned earlier, the City will be deciding a CUP application for a mining permit in
a couple months. Given the importance and attention this issue has received from the public,
the process of transitioning to a new legal firm during this time is of the utmost importance.
How do you envision the transition processes happening so that your firm is ready to hit the
ground running?
� �
RECEIVED
NOV 21 2012
CITY OF SCANDIA
Response to Request for Proposals
Attorney Services
City of Scandia, Minnesota
For:
Civil Legal Services
November 21,2012
Submitted By:
Eckberg,Lammers,Briggs,Wolff,& Vierling,P.L.L.P.
1809 Northwestern Avenue
Stillwater,MN 55082
(651) 439-2878—Phone
(651) 439-2923 —Fax
Contact Person:
Nicholas J. Vivian
(651)379-3080
. �
Table of Contents
GENERAL INFORMATION
--Firm Background and History
--Attorney Contacts and Availability
--Attorneys Experienced in Municipal Law
--Office Locations
--Support Personnel
--Availability of Attorneys and Staff
--Use of Technology
MALPRACTICE AND/OR ETHICS COMPLAINTS; CIVIL RIGHTS LAWS
STATEMENT OF CNIL BILLINGS AS A PERCENTAGE OF TOTAL FIRM BILLING
CONFLICTS OF INTEREST
MUNICIPAL LITIGATION
DEVELOPMENT ISSUES
--Zoning and Land Use
--Condemnation Law
--MSA 429 Projects
--Zavoral Mine
MUNICIPAL FINANCING
REFERENCES
BILLING FEES AND COSTS
CONCLUSION
STATEMENTS OF QUALIFICATION
2
,
GENERAL INFORMATION
Firm Back�round and Historv
Eckberg, Lammers, Briggs, Wolff & Vierling, P.L.L.P. (hereinafter referred to as the "Firm" or
"Eckberg Lammers") is pleased to submit this Response to Request for Legal Proposals to the City
of Scandia, Minnesota (the "City"). The Firm was established by Lyle Eckberg, who began the
practice of law in 1946. Since its founding, the Firm has served as civil, prosecuting, and special
counsel for numerous municipalities throughout the State of Minnesota, and the Firm's attorneys
and staff highly value the relationships made with countless elected officials, staff and residents in
these municipalities. The Firm has grown at a relatively constant rate in employees and revenues in
the past 65-plus years, and currently operates as a professional limited liability partnership under the
laws of the State of Minnesota. The Firm has offices in Stillwater, Minnesota and Hudson,
Wisconsin.
Eckberg Lammers is uniquely qualified to represent the City for civil municipal matters. The
strength of Eckberg Lammers is the Firm's remarkable breadth and depth of knowledge in
municipal law. The Firm's public clients are not just served by one general attorney, but by a team
of attorneys and staff who have the institutional knowledge to effectively advise municipalities on
almost all circumstances that may arise. There is no requirement for City staff or officials to go
through the "lead" attorney when a specialized need arises. Instead, the City is always able to
directly contact the attorney who has the specialized background the City requires (i.e. employment
law, public finance, litigation, condemnation, etc.). This approach has worked very well with all of
the Firm's municipal clients, as staff and public officials overwhelmingly appreciate the
comprehensive approach and fast turnaround on any given issue. The attorneys at the Firm who
may assist with a given issue raised by the City (and almost all attorneys may assist, given the
widespread municipal practice at the Firm) will coordinate with the lead attomey as appropriate, in
order to maintain a consistent response for the City.
Engaging with a comprehensive civil municipal law firm based in Washington County provides the
City with strong, steady, and consistent representation, giving staff and public officials the ability to
concentrate on the truly important issues facing the City. Municipal representation is best
approached as a partnership, with full and frequent communication among all necessary parties.
The Firm wants its municipal clients to succeed in all core functions, and the Firm's attorneys
frequently play the educational and advisory roles necessary to enable that success.
The Firm currently has 15 attorneys; four of the attorneys are partners and 11 are associates. Ten
attorneys are engaged with serving municipal clients and the remainder practice in banking, family
law and estate planning, general litigation, real estate, or other general practice areas.
Eckberg Lammers has always had a significant focus in municipal and public-sector practice and
since its inception has been one of the leading municipal law firms in the Twin Cities Metropolitan
Area, with a particular emphasis in Washington County. The Firm currently serves as general
counsel to the following cities:
3
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CITY OF WOODBURY
CITY OF OAK PARK HEIGHTS
CITY OF BAYPORT
CITY OF LAKE ST. CROIX BEACH
CITY OF ST. MARY'S PO1NT
CITY OF BIRCHWOOD VILLAGE
CITY OF GRANT
CITY OF WYOMING
CITY OF EAST BETHEL
The Firm provides criminal prosecution services to the following municipalities:
CITY OF MAHTOMEDI
VILLAGE OF SOMERSET, WISCONSIN
VILLAGE OF HAMMOND, WISCONSIN
Additionally, in past years, the Firm has provided special services in conflicts of interest and other
circumstances to the following communities and organizations:
CITY OF STILLWATER
CITY OF MAPLEWOOD
CITY OF WHITE BEAR LAKE
CITY OF OTSEGO
CITY OF WEST ST. PAUL
MIDDLE ST. CROIX VALLEY WATER MANAGEMENT ORGANIZATION
BROWNS CREEK WATER MANAGEMENT ORGANIZATION
MIDDLE ST. CROIX VALLEY CABLE COMMUNICATIONS ORGANIZATION
LOWER ST. CROIX VALLEY JOINT FIRE PROTECTION DISTRICT
Eckberg Lammers does not currently represent any communities located contiguous to the City.
The Firm represents many municipalities within Washington County that are in close proximity to
each other, and has found that such representation is successful without encountering conflicts of
interest.
The attorneys at Eckberg Lammers proposed to work with the City will draft and review all legal
documents, real estate documents, contracts, correspondence, ordinances, resolutions, and public
notices, as requested. The Firm also provides title and recording services for our municipal clients
to meet their real estate needs. The Firm provides state and federal litigation and code enforcement
services when needed and participates in any settlement negotiations and alternative dispute
resolution sessions. Eckberg Lammers has successfully represented our municipal clients' needs by
direct negotiation on various matters with property owners, developers, and state, regional and local
regulatory agencies when needed. All of our attorneys are skilled in civil litigation services. The
Firm's attorneys have substantial experience in appearing before the district courts in the Tenth
Judicial District and the Minnesota appellate courts, and they have the respect of judges and court
personnel.
4
, •
The Firm will keep City staff informed and updated on new cases and legislation and often is
requested by our clients to communicate our concerns with local legislators to secure their support
for proposed legislation. The Firm's attorneys have even drafted special legislation benefitting
municipal clients, particularly in the public finance area. The Firm keeps client governing bodies
informed on open meeting law issues and frequently fields inquiries from staff on data practices
issues. This comprehensive and cost-effective approach is available to address all of the City's legal
and advisory needs.
Attornev Contacts and Availabilitv
The role of the lead attorney is to be the primary contact with the community, attend City meetings,
coordinate the delivery of the Firm's comprehensive legal services, and provide accurate legal
advice and practical recommendations where appropriate.
The Firm's primary contact assigned to the City will be Nicholas J. Vivian. Mr. Vivian joined the
Firm in May 2006. In 2011, Mr. Vivian was selected to join the Firm's partnership. Mr. Vivian has
served as the City Attorney for the City of Grant since 2006, and he is the lead attorney for the
Firm's Banking, Business Law and Creditor's Rights practice groups. He has also served as the
City Attorney for the Cities of Bayport and Lakeland.
Mr. Vivian has nine years of municipal law experience, as outlined in his Statement of
Qualifications (attached at the end of this Response). Mr. Vivian has represented various cities
in civil proceedings in State of Minnesota district and appellate courts, including in the areas of
St. Croix Riverway district disputes, land use permits, development disputes, and special
assessment challenges. Examples of Mr. Vivian's municipal litigation representation are:
i. Representing the City of Lakeland before the Minnesota Supreme Court for In the
Matter of the Denial of Certification of the Variance Granted to Robert W.
Hubbard by the Ciry of Lakeland. In this case, a variance granted to a property
owner along the St. Croix River was technically denied by the Minnesota
Department of Natural Resources. The Minnesota Supreme Court ultimately
agreed with the City's argument, holding that the Department of Natural
Resources did not have the authority to affirm or deny the City's decision to grant
the variance.
ii. Representing the City of Grant in several land use litigation matters, as well as
defending the City against a complaint from a resident that the City was not
enforcing its political sign ordinance. Mr. Vivian successfully argued to the
District Court that the complaint was moot and frivolous, as the argument
occurred after the election and in any event was superseded by state law.
iii. Representing the City of Bayport in zoning related matters and before the PERA
Board of Directors regarding City pension matters.
5
Serving in the assistant role to the City is Andrew J. Pratt. Mr. Pratt currently serves as the City
Attorney for the City of Bayport, and serves as an assistant attorney in the Cities of Grant,
Woodbury, Oak Park Heights, Wyoming, and East Bethel. Mr. Pratt also represents various
municipalities throughout the State of Minnesota as bond counsel or tax increment financing (TIF)
counsel in public financing matters, and is a member of the Firm's Banking and Real Estate practice
groups.
Another attorney who frequently may come into contact with the City is Jennifer A. Nodes. Ms.
Nodes is the Firm's employment law attorney, and has more than six years experience assisting
municipalities with crafting employment agreements, handling personnel matters (including
termination and probationary actions), and negotiating union and non-union contracts. In addition
to her criminal prosecution duties, Ms. Nodes works with all of the Firm's municipal clients on
employment matters. Public sector employment law is a challenging and ever-changing area of
practice, and providing this area of specialized expertise is just another facet of the Firm's
comprehensive representation.
Statements of Qualification for all attorneys identified in this section follow this Response. None of
these attorneys have any personal or professional relationships with the current City Council
members, staff inembers, or commission members, and none of these attorneys have any significant
personal or professional relationships with members of the larger Scandia community.
In all civil matters involving the City, the Firm will provide research, formal opinions, and draft or
review City ordinances and policies. City staff and Council Members will always have direct
access to the Firm's attomeys and support staff. The Firm will prospectively be in regular contact
with City staff on issues and events requiring legal input and advice. The Firm will also keep City
staff and the City Council informed and updated on new municipal cases and legislation. Mr.
Vivian, as the primary attorney, will attend all City Council meetings. If Mr. Vivian is unable to
attend a City Council meeting, Mr. Pratt will attend the meeting. Mr. Vivian and Mr. Pratt will also
be available to attend planning commission, staff and development meetings as requested.
The Firm does not subcontract out or refer clients out for appellate or litigation purposes, unless the
matter is otherwise covered by the League of Minnesota Cities Insurance Trust. The Firm will also
work cooperatively with the City's criminal prosecutor, to ensure that any and all civil cases
transitioning to criminal (and vice-versa) are appropriately handled.
In addition to the Firm's substantial representation of municipal and public sector clients, the Firm
maintains a general practice, offering legal services in Estate Planning, Probate and Guardianship,
Mediation/Arbitration, Business and Commercial Law, Banking Law, Criminal Law, Real Estate,
Civil Litigation, Family Law, Employment Law and Personal Injury and Workers' Compensation.
The Firm owns a majority interest in FSA Title, LLC, a title company and real estate closing service
which is located in Oak Park Heights and Blaine. These other practice areas provide greater
perspectives into many of the issues facing the Firm's municipal clients.
6
Attorneys Ex�erienced in Municipal Law
As described in this Response, Eckberg Lammers is proud of its historical and dynamic municipal
representation. The Firm is widely known throughout the Twin Cities Metropolitan Area,
Washington County, and regionally for the depth of its municipal practice, and this depth is
reflected in the following attorneys knowledgeable and experienced in municipal law, along with
their areas of specialty:
Mark J. Vierling General City Attorney, Municipal Litigation, Zoning and Land Use
Nicholas J. Vivian General City Attorney, Municipal Litigation, Real Estate
Andrew J. Pratt General Civil Attorney, Public Finance, Economic Development
Kevin S. Sandstrom General Civil Attorney, Municipal Litigation
Jennifer A. Nodes Employment Law
Amanda Prutzman Municipal Litigation
Wendy A. Murphy Prosecuting Attorney
Thomas Weidner Prosecuting Attorney
Rebecca Christensen Prosecuting Attorney
Angela Olson Prosecuting Attorney(Wisconsin)
Office Locations
The Firm's primary office is located at 1809 Northwestern Avenue in Stillwater. The office is
located just north of Highway 36, and approximately one mile from the Washington County
Government Center. The Firm's main office number is (651) 439-2878, and its main fax number is
(651) 439-2923. Eckberg Lammers opened a satellite office in Hudson, Wisconsin in 2006 and in
2011 moved that office downtown,to 430 Second Street.
Support Personnel
The Firm employs more than 20 support staff consisting of paralegals, legal assistants, law
clerks, administrative and receptionist positions. The Firm has a stable and consistent staff base
that has steadily grown with the Firm. All positions are filled with employees with the
experience, knowledge and depth to meet the requirements of the Firm's clients.
The Firm employs 10 paralegals; their names and areas of specialty are as follows:
Karen Stoltzmann Estate Planning & Probate
Jenny Brodrick Personal Injury and Workers' Compensation
Danette Langness Municipal, Banking and Finance, Debt and Collections
Julie Valsvik Municipal, Real Estate, Banking and Finance, Debt and Collections
Mary Hughes Bankruptcy
Rachel Ward Criminal Prosecution
Jessie Revalee Banking and Finance, Debt and Collections
Susanna Nyberg General Civil and Municipal Litigation
Dana Reynolds Personal Injury and Workers' Compensation
Karen Woerner Banking and Finance
7
The Firm employs an Office Administrator to attend to day-to-day business. The Firm also
employs two bookkeepers (one full-time, one part-time), a law clerk for legal research, seven
legal secretaries, two receptionists, and a full-time marketing director. Mark Vierling is the
Firm's Managing Partner, with more than 34 years of experience in private practice.
Availabilitv of Attorneys and Staff
Because so many attorneys at the Firm are experienced in municipal law, the City will never lack
representation due to illness, turnover, or other loss of personnel. As stated above, Nicholas Vivian
will attend all regular City Council meetings, and upon request, City staff ineetings, Council
workshops and special meetings, and Planning Commission meetings. Andrew Pratt will attend all
such meetings in Mr. Vivian's absence. In the unlikely event neither of these attorneys is available
to attend a required meeting, the other attorneys with municipal law experience mentioned above
will be available.
The Firm has regular office hours from 8:00 a.m. until 5:00 p.m. The Firm's attorneys are also
available outside of business hours and are willing to spend additional time as is necessary to fully
serve the needs of the City.
Communication is critical to establishing essential relationships between council, staff and
professional consultants. The Firm excels in assuring that communication is timely, clear and
directed to the appropriate staff and city council members. Tasks are coordinated in a manner
which sets response parameters and timelines. Follow up is made to ensure that work product is
received, understood and timely applied. Progress reports are generated as requested. The Firm
encourages periodic meetings and reviews with critical staff and officials to review their needs
and our ability to assist with the City's governance goals.
It is our policy that all calls from clients be returned the same day or no later than the next business
day. Our offices are equipped with state of the art communications and our attorneys have on- and
off-site computer access and mobile devices. All attorneys are available to the City by office phone,
cellular phone, e-mail and facsimile transmission. Recorded voice messaging or the opportunity to
speak to support staff and leave a personal message with a live person is provided as well. Simply
stated, this office will have no problem handling the volume of work associated with civil
representation of the City of Scandia.
Use of Technolo�v
Long ago, this Firm switched from a "paper library" to an electronic library. The Firm contracts
with Westlaw to provide each of our attorneys with instant access to a number of Westlaw libraries,
including Court of Appeals reported and unreported decisions, Minnesota Statutes Annotated,
Attorney General Opinions, and more. Having instant Westlaw access allows the Firm's attorneys
to do quick, automated searches and obtain the information needed expeditiously and thoroughly.
8
In addition to this automated library, each attorney has access to Minnesota Statutes in their
respective office. Eckberg Lammers also maintains a set of Minnesota Statutes Annotated,
McQuillin on Municipal Corporations, and a number of other publications and treatises that are
relevant and necessary. Firm attorneys also subscribe to the instant reporting services and attorney
list-servs provided by the Minnesota State Bar Association. This service emails all Minnesota Court
of Appeals and Supreme Court decisions, as they are reported, typically twice per week. The
attorneys review these cases as they are released and forward as necessary to City personnel and
public officials. List-serves provide valuable information and the opportunity to share experiences
between subscribing municipal attorneys.
Case management software is supplied by CP Systems and affords the attorneys maximum
flexibility on file storage and retrieval as well as calendaring, electronic reminders, conflict
management and off-site access. Microsoft Outlook and email systems are start of the art and
interface within CP Systems and mobile phones for trial and case management. Within this case
management system, the Firm tracks each project and matter with a step-by-step "to do" list
allowing deadlines to be established and met.
The Firm's computer systems are used by attorneys and staff daily on- and off-site for work, yet
provide maacimum security and systems control. All attorneys have laptop access or smart-phone
access to email and documents as needed. The Firm shares, edits and finalizes documents with our
municipal clients on a daily basis. Consistently delivering such timely communication and work
product is a source of pride for Eckberg Lammers.
MALPRACTICE AND/OR ETHICS COMPLAINTS
CNIL RIGHTS LAWS
The Firm and its attorneys have not had any sanctions imposed, findings of neglect, or related
disciplinary actions taken against it by the Lawyers Board of Professional Responsibility. The
Firm and its attorneys have not had any malpractice claims asserted against it in the past five
years.
The Firm's professional liability carrier is Minnesota Lawyers Mutual. A copy of the coverage
is attached hereto.
Eckberg Lammers observes all federal and state mandated employment practices. The Firm also
observes all civil rights and human rights laws.
STATEMENT OF CIVIL BILLINGS AS A PERCENTAGE OF
TOTAL FIRM BILLING
Firm-wide billings for legal services so far in 2012 for public-sector related work is as follows:
(i) percentage of time worked on civil municipal/public finance matters: 10.6%; (ii) percentage
of revenues received from civil municipal/public finance matters: 9.5%.
9
Eckberg Lammers has always included municipal representation as a fundamental base of its
business. The additional elements of the Firm's general practice have served to enhance and
benefit that municipal service. The knowledge and practice of the Firm in banking and finance,
workers' compensation, employment law, general litigation, and all other areas broadens the
experience and talent that the Firm brings to its municipal clients. As previously discussed, the
Firm even owns a majority interest in a title company, which not only serves our private real
estate clients' needs, but facilitates easy access by our municipal clients to closing services, title
insurance and title examination services for all land conveyances.
CONFLICTS OF INTEREST
The potential for conflicts of interest always exists. The Firm maintains a conflict protocol and
client registry as required under existing ethics standards for that purpose. The Firm is keenly
aware of representation of real estate developers, contractors and others that may impact any
municipal clients, and Eckberg Lammers has successfully avoided those conflicts over the years. In
the event a conflict presents itself, the Firm would promptly notify the affected private clients as we
are professionally required to do, and if further representation on the matter could not be retained
we would assist in making the necessary referrals and transition the file to other counsel in an
efficient manner.
The City should be aware that the Firm has a client list in its computer system which notes all
clients and adverse parties. This list is routed past all attorneys on a regular basis. If any of the
attorneys question whether or not a conflict of interest may exist, that file is highlighted and further
research is done to determine whether or not a conflict is present. Eckberg Lammers currently
does not represent any clients relating to any development of real estate interests in the City of
Scandia, and the Firm is not aware of any other current or perceived conflicts of interest with
the City.
MUNICIPAL LITIGATION
Eckberg Lammers has successfully litigated cases on behalf of municipal clients at all levels. The
Firm has significant experience in the enforcement of zoning ordinances, nuisance ordinances, land
use disputes, assessment appeals and general claims filed in the municipal arena. Nicholas Vivian
has successfully litigated on behalf of cities at Minnesota District Court, the Minnesota Court of
Appeals, and the Minnesota Supreme Court.
10
The City of Scandia is uniquely situated along the St. Croix River. Eckberg Lammers represents
numerous cities in Washington County close in proximity to the St. Croix River: St. Mary's Point,
Lake St. Croix Beach, Bayport, and Oak Park Heights. As the City is undoubtedly aware, unique
zoning issues are prevalent along the water's edge. The Firm's representation of cities along the
river give it a unique advantage, as its attorneys can draw on previous experiences to assist the City
with matters such as shoreland and floodplain ordinance enforcement, setback requirements, private
and public dock maintenance, and more. The Firm maintains a good working relationship with state
and federal agencies (such as the Minnesota Department of Natural Resources and the Army Corps
of Engineers), along with consulting engineers, to ensure that its "river cities" are compliant with all
relevant rules and regulations. Although it may not be optimal in all situations, the Firm's attorneys
also have experience enforcing and litigating city ordinances governing residential use along the
river.
DEVELOPMENT ISSUES
The municipal attorneys of Eckberg Lammers possess demonstrated knowledge of the following
development matters likely to impact the City:
Zonin� and Land Use
When the economy begins to turn around, it is vital to have legal representation that understands
the development issues common to Washington County and communities along the St. Croix
River. Nicholas Vivian is frequently involved with zoning and land use matters for the Firm's
municipal clients. From drafting and steering a city through a major Planned Unit Development
Agreement along the St. Croix Trail (Lakeland Plaza in the City of Lakeland), through
negotiating a major high-end housing subdivision in the City of Bayport (Inspiration housing
development), Mr. Vivian has demonstrated knowledge of complex zoning and land use matters.
Mr. Vivian has also been involved in the review and evaluation of numerous applications for
Conditional Use Permits and Variances.
Condemnation Law
Eckberg Lammers has extensive experience in the area of condemnation law. Mark Vierling and
Kevin Sandstrom have developed expertise in this area and will be drawn upon to the extent
condemnation expertise is required by the City.
MSA 429 Projects
Mr. Vivian has assisted his municipalities with a number of assessment projects related to the
improvement of roads, sidewalks, curbing and utilities. He is familiar with the 429 process and
has actively advised municipalities regarding the process required by state law to complete an
assessment project. Through his public finance representation, Andrew Pratt has had to
frequently review and assist with improvement and assessment transactions, including
preparation of property owner petitions for improvement and waivers of the public hearing and
appeal process.
11
Zavoral Mine
We understand the City Council has determined that the Final Environmental Impact Statement
for the Zavoral Mine and Reclamation Project is adequate, and that the City's Planning
Commission will take public comment in December on Tiller Corporation's application for a
Conditional Use Permit. It is readily apparent that the review process for this project has been
extremely comprehensive, and it has closely followed all applicable rules and regulations.
Certainly, this process has been controversial at times and has resulted in voluminous public
comments. All municipal attorneys at Eckberg Lammers will be ready to advise the City on the
next steps with the CUP review, and will aggressively advocate on behalf of the City (or assist
with the transition of the litigation to special counsel appointed by the League of Minnesota
Cities Insurance Trust) in case of any litigation initiated regarding this project. The Firm has
significant experience with a multitude of environmental issues, including but not limited to the
EAW/EIS process, and related regulatory issues, such as (i) MnDOT/St. Croix River crossing
project; (ii) multiple development and stormwater projects, and (iii) utility installation and siting
matters. The Firm also has historical experience with gravel pit operations in the Cities of
Lakeland and Woodbury, and the Towns of May and Grey Cloud Island.
MUNICIPAL FINANCING
In addition to general civil representation, Eckberg Lammers proposes to serve as the City's public
finance/bond counsel. Andrew Pratt has more than six years of experience representing dozens of
Minnesota cities, counties, towns, economic development authorities, housing and redevelopment
authorities, and special governmental entities with the issuance of tax-exempt and taxable
govemmental bonds, either by public sale or negotiated private placement, including the following
types of general obligation transactions available to the City:
• Improvement Bonds (assessment financing)
• Equipment Certificates/Capital Notes
• Capital Improvement Plan Bonds
• Street Reconstruction Bonds
• Utility Revenue Bonds
• Tax Increment Bonds
• Tax Abatement Bonds
• Temporary Bonds (in anticipation of grants or loans)
• Recreational Facility Bonds
• Lease-Revenue Bonds
Mr. Pratt is also experienced with more complex, unorthodox financing transactions, such as the
negotiation and execution of inter-governmental loans with the Minnesota Public Facilities
Authority or the United States Department of Agriculture, joint powers financing arrangements,
pure revenue financings, and refinancings of outstanding bonds. Mr. Pratt also has assisted
municipalities with the execution of conduit financings, which frequently involve the issuance of
revenue bonds on behalf of a non-profit or qualified private entity, with no general obligation pledge
12
from the municipality. Mr. Pratt also works with municipalities in general economic development
matters, such as tax increment financing (TIF), tax abatement, revolving loan funds, and business
subsidy agreements.
Eckberg Lainmers is known as a "nationally recognized bond counsel" under the requirements of
The Bond Buyer's Municipal Marketplace (also known as the "Redbook"). Mr. Pratt is a member
of the National Association of Bond Lawyers, frequently delivers updates and tutorials on state and
federal law requirements relating to municipal financing, and enjoys collaborative working
relationships with all members of the municipal finance field, such as financial advisors, bond
underwriters,trustees, fiscal agents, auditors, and accountants.
REFERENCES
City of Grant: Kim Points, City Administrator/Clerk
111 Wildwood Road
Willernie, Minnesota 55090
(651) 426-3383
clerk@cityofgrant.com
City of Bayport: Mitchell Berg, City Administrator
Bayport City Hall
294 North Third Street
Bayport, MN 55003
(651) 275-4404
mberg@ci.bayport.mn.us
City of Oak Park Heights: Eric Johnson, City Administrator
Oak Park Heights City Hall
14168 Oak Park Boulevard
Oak Park Heights, Minnesota 55082
(651) 439-4439
eajohnson@cityofoakparkheights.com
City of Woodbury: Clinton P. Gridley, City Administrator
Woodbury City Hall
8301 Valley Creek Road
Woodbury, Minnesota 55125
(651) 714-3500
cgridley@ci.woodbury.mn.us
13
BILLING FEES AND CO
STS
� The Firm proposes to provide civil legal services based on an hourly rate of$150.00, applicable to
all attorneys. Provided the City Council approves a three-year contract, the Firm's 2013 and 2014
rates will remain at $150.00, and its 2015 rate will be $155.00. For all regular meetings, the Firm
proposes a flat rate of $200.00. Detailed monthly billing statements can be tailored to the
requirements of the City. Paralegal and Law clerk services will be billed at $125.00/hour.
Minimum hourly billing kept by all timekeepers will be in increments of.10 hours.
Hard Costs
Copying: $0.20 per page
F�es from Client: $0.00
Faxes to Client: $0.20 per page
Transportation time and reimbursement: $0.00
Phone calls from Staff/Council: $0.00
Long distance phone calls: $0.00
The following charges are passed through at cost:
Courier or Delivery Charges
Process Server Fees
Court Filing Fees
Document Recording& Closing Fees
Court Reporter Transcription Fees
There will be no charges for the following:
WestLaw/Lexis Research Fees/Computer time
Enhancements to out-of-pocket charges for processing
Administrative billings for file setup and computer entry
Electronic copies of documents
CONCLUSION
The breadth and depth of the Firm's experience in representing municipal clients, especially
clients located within Washington County, makes Eckberg Lammers uniquely qualified to
provide cost-effective and accurate legal services to the City of Scandia. No other firm can offer
the City the experience of Eckberg Lammers. Eckberg Lammers has the demonstrated ability and
willingness to maintain close and effective working relationships with its municipal clients. The
Firm has enjoyed tremendous success representing municipalities of all sizes due to its effective
representation which results from the commitment, ability and communication of all attorneys and
staff to the client to deliver the services requested. Eckberg Lammers welcomes the opportunity to
provide comprehensive and thorough Civil legal services to the City of Scandia.
14
Respectfully submitted this 21 st day of November, 2012.
ECKBERG, LAMMERS, BRIGGS,
WOLFF & VIERLING, P.L.L.P
,�—z-Jc�
By: � � �
Nicholas J. Vi 'an
15
STATEMENTS OF QUALIFICATION
NICHOLAS J. VIVIAN
ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING, P.L.L.P.
1809 Northwestern Avenue
Stillwater, MN 55082
Direct Dial: (651) 379-3080
nvivian@eckberglammers.com
EDUCATION:
• Bachelor of Science Degree, 2000 Summa Cum Laude
Northern Michigan University, Marquette, Michigan
• Juris Doctor,Summa Cum Laude, 2003
Hamline University, St. Paul, Minnesota
CURRENT POSITION:
Partner 2011-present
Associate 2006-2010
PROFESSIONAL EXPERIENCE:
Mr. Vivian is an experienced municipal attorney and is the lead attorney for the firm's Banking
practice. Mr. Vivian serves as general counsel to nearly twenty community and regional banks,
along with a number of municipalities, developers and main street businesses in both Minnesota
and Wisconsin. His bar admissions include Minnesota, Wisconsin, U.S. District Court of
Minnesota, U.S. District Court Western District of Wisconsin, U.S. County of Appeals Seventh
Circuit.
Mr. Vivian currently is the lead City Attorney for the City of Grant Mr. Vivian has previously
served as lead City Attorney for the Cities of Bayport and Lakeland, Minnesota, and Village
Attorney for the Villages of North Hudson, Hammond and Deer Park, Wisconsin.
PRACTICE AREAS:
• Municipal Law
• Commercial Litigation/Collections
. Commercial Bankruptcy/Workout and Litigation
• Business and Commercial Real Estate Transactions
• Commercial Business Transactions
16
PROFESSIONAL ORGANIZATIONS:
. Washington County Bar Association
• 19th District Bar Association
• Minnesota State Bar Association
• State Bar of Wisconsin
• State Bar of Wisconsin Young Lawyers Division
• State Bar of Wisconsin—Board of Governors
RELATED INTERESTS AND ACTNITIES:
St. Croix County Economic Development Corporation Board Member
Avanti Center Board Member
17
ANDREW J. PRATT
ECKBERG, LAMMERS, BRIGGS, WOLFF &VIERLING, P.L.L.P.
1809 Northwestern Avenue
Stillwater, MN 55082
Direct Dial: (651) 351-2125
apratt@eckberglammers.com
EDUCATION:
. Bachelor of Arts Degree, 2000 Magna Cum Laude
University of Denver, Denver, Colorado
• Juris Doctor, Magna Cum Laude, 2004
University of Minnesota Law School, Minneapolis, Minnesota
CURRENT POSITION:
Associate 2011-present
PROFESSIONAL EXPERIENCE:
Mr. Pratt is an experienced attorney and dedicates a vast majority of his practice to municipal
law, either through general municipal representation or on municipal finance matters. Mr. Pratt
has served as bond counsel and development/TIF counsel to dozens of municipalities in the State
of Minnesota, and has assisted with the issuance of general obligation bonds for public
infrastructure and equipment needs, conduit revenue bonds, tax increment financing, and general
economic development. Mr. Pratt is also a member of the Firm's Banking and Real Estate
departments.
Mr. Pratt currently is the lead City Attorney for the City of Bayport. Mr. Pratt also serves as an
assistant attorney for the Cities of Woodbury, Oak Park Heights, East Bethel, Wyoming, and
Grant. Mr. Pratt is admitted to the bar in the States of Minnesota and Wisconsin.
PRACTICE AREAS:
. Municipal Law
• Public Finance/Municipal Bonds
. Economic Development and Redevelopment
• Real Estate
. Banking and Financing
18
PROFESSIONAL ORGANIZATIONS:
• Washington County Bar Association
• 19th District Bar Association
• Minnesota State Bar Association
• State Bar of Wisconsin
• National Association of Bond Lawyers
• Economic Development Association of Minnesota
RELATED INTERESTS AND ACTIVITIES:
Law Clerk, Minnesota Court of Appeals
Judge G. Barry Anderson
Judge Christopher Dietzen
2004-2005
19
JENNIFER A. NODES
ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING, P.L.L.P.
1809 Northwestern Avenue
Stillwater, MN 55082
Direct Dial: (651) 351-2102
jnodes@eckberglammers.com
EDUCATION:
• Bachelor of Science, December 2000
North Dakota State University
• Juris Doctor, May 2005
William Mitchell College of Law, St. Paul, MN
CURRENT POSITION:
Associate 2007-present
PROFESSIONAL EXPERIENCE:
Prior to joining Eckberg Lammers, Ms. Nodes was the Executive Director for the Minnesota
Alliance on Crime. Ms. Nodes is an experienced employment law attorney. She joined Eckberg
Lammers in 2007 and has focused her practice on advising both private and public sector
employers. Her practice involves drafting pertinent employment documents, counseling business
owners on proper employment practices, and litigating contested employment issues. Ms.
Nodes' bar admissions include Minnesota, Wisconsin and the U.S. District Court of Minnesota.
Ms. Nodes serves as Assistant City Attorney for the cities of Woodbury, Oak Park Heights, Lake
St. Croix Beach, St. Mary's Point, Bayport, Grant, Birchwood Village and Mahtomedi.
PRACTICE AREAS:
• Employment Law
• Criminal Prosecution
• Civil Litigation
20
PROFESSIONAL ORGANIZATIONS:
• 19th District Bar Association 2007 to present—Past President
• 19`h District Ethics Committee 2008 —Present
• Minnesota State Bar Association 2007 —Present
• Minnesota Women Lawyers—Washington County 2008 —Present - Chair
• St. Croix Valley Employer's Association 2009—Present
. Woodbury Public Safety Board 2007 - Present
. White Bear Area Chamber of Commerce 2009—Present
• Greater Stillwater Area Chamber of Commerce 2009—Present
RELATED INTERESTS AND ACTIVITIES:
• Beyond the Yellow Ribbon
• Minnesota Alliance on Crime 2006—2007, Executive Director
21
• r
A PROPOSAL TO PROVIDE
CIVIL MUNICIPAL LEGAL SERVICES
AND PROSECUTION SERVICES
TO THE
CITY OF SCANDIA
Submitted By:
LeVander, Gillen & Miller,P.A.
633 South Concord Street
Suite 400
South St. Paul, Minnesota 55075
Telephone Number: (651)451-1831
Facsimile Number: (651)450-7384
Contact Person:
Bridget M.Nason
September 30,2011
A. PROPOSED LEGAL SERVICES
LeVander, Gillen & Miller, P.A. is very interested in providing both general civil legal services
as well as prosecution services to the City of Scandia. We believe that our individual and
collective experience, as well as our technological investments, have enabled us to provide our
municipal clients with efficient, responsive, and cost-effective legal services, and that our Firm's
experience in serving multiple municipal clients positions us well to serve the legal needs of the
City of Scandia.
B. FIRM BACKGROUND
1. Brief Historv of the Firm
Started in 1929, LeVander, Gillen& Miller,PA("Firm") is enjoying its 82°d year of providing legal
services to our municipal, corporate, and individual clients. The Firm has been engaged in the
municipal law practice for more than half a century, and our experience covers the entire spectnun
of municipal legal services. The shareholders of LeVander, Gillen and Miller, P.A. collectively
have over 100 years of experience in municipal law.
During this time, as part of our commitment to public service, LeVander, Gillen& Miller, P.A. has
produced a United States congressman, two state governors, a United States senator, a state
legislator, a Chief Judge of the Federal District Court, a Chief Judge of the Minnesota Court of
Appeals and two Minnesota Supreme Court justices. We are very proud of the historical mark we
are making in public service.
2. Attornevs and Their Areas of Specialty
LeVander, Gillen & Miller, P.A. is a fourteen attorney law firm, consisting of ten shareholders and
four associates, with substantial knowledge, skill and experience in the areas of municipal law, civil
litigation, and criminal prosecution. The individual profiles of LeVander, Gillen & Miller, P.A.'s
attorneys shown in Appendix 1 of this proposal describe the areas of knowledge, skill,
experience and practice focus for each attorney.
3. Firm Support Personnel
In addition to its fourteen attorneys, LeVander, Gillen & Miller, P.A. employs four civil
paralegals, two prosecution paralegals/assistants, four legal secretaries, a business manager, and a
receptionist. The expertise of our support staff is discussed in more detail in Section C.
4. Office Or�anization and Support Capabilities
Our office is organized into practice groups to manage specialized legal issues more efficiently and
cost effectively. LeVander, Gillen& Miller, P.A. has the following practice groups:
1. Municipal Civil Law
1
� r
2. Criminal Prosecution
3. Real Estate
4. Employment Law
5. Eminent Domain
6. Business Law
7. Commercial
8. Probate/Estate Planning
9. Litigation
The attorneys at LeVander, Gillen & Miller, P.A. commonly focus their practice in three (3) to
four (4) of the above-referenced areas in order to provide our clients with the skill level and
breadth of knowledge that is currently being demanded by the legal marketplace. Our various
practice group brochures are shown in Appendix 2.
5. Office Locations
The Firm's main office is located in the Bremer Bank building in South St. Paul at 633 South
Concord Street, Suite 400, South St. Paul, MN 55075. Since 2003, the Firm has also maintained
an office in Spooner, Wisconsin at 702 North Front Street.
6. Use of Technologv
• Capability for Computerized Research. We maintain a complete legal research library
through a combination of electronic resources, including a Westlaw subscription, and
printed materials, giving us unlimited access to all Federal and State cases, statutes and
rules. In addition, we have immediate online access to comprehensive and up-to-date
collection of specialized and municipal law journals and treatises, including West's
electronic"Municipal Practitioner." Examples of some of these materials are as follows:
• McQuillin: Law of Municipal Corporations
• Matthew's Municipal Ordinances
• Ordinance Law Annotations
• Anderson's American Law of Zoning
• Nichols on Eminent Domain
• International Building Code
• International Fire Code
Paralegals have access to the metropolitan counties' property records databases, providing
the Firm with the most up-to-date recording information possible for those counties.
• Electronic Sharin� and Editin� of Documents. We use Microsoft Office 2007 programs,
including Word and Excel, for document drafting purposes. These files can easily be e-
mailed between parties for back and forth document review.
2
- ��
Criminal Prosecution Technology Capacity
• DTS. In order to achieve the most efficient communication possible with the Police
Departments for the cities we represent, in 2007 our Firm invested over $25,000 to
implement the Data Transfer System (DTS). DTS allows the Police Departments to
upload reports, audio and video recordings, photos and other electronically transferrable
evidence to our office through a secured website. Similarly, we can transfer data to the
Police Departments in the same manner. The implementation of DTS not only reduces
the cost to our prosecution clients of having to mail or personally deliver key criminal
prosecution documents, but it has also eliminated the time delay, travel, inconvenience
and hassle of the daily deliveries and faxes that previously occurred between the Police
Departments and our office, while ensuring that the information is still kept confidential
via this secured website.
• MNCIS. We have access to nonpublic court data through MNCIS so that we can view
pending cases,juvenile data and OFP information, as well as any other nonpublic data in
the online court system.
• Criminal Templates. We have created our own templates for drafting criminal
complaints, victim notices, dismissals, subpoenas and discovery requests in order to
expedite the criminal prosecution process. We charge nearly all gross misdemeanors by
formal complaint within 30 days of receiving a complete file from the Police
Departments. Having cases charged in a timely manner assists with their resolution, as it
is often more difficult to obtain a criminal conviction in cases that become stale.
7. Malpractice Claims/Ethics Complaints
During the last five years, there have been no malpractice claims against the Firm or its attorneys
or staff. There has been only one ethics complaint, filed in response to a West St. Paul
conviction in a barking dog case. The ethics complaint was dismissed by the Lawyers
Professional Responsibility Board without an investigation. The complainant appealed, but the
determination was affirmed. There are no matters pending or under review by the Lawyers
Professional Responsibility Board or any other ethics board.
8. Statement of 2010 Billin�s for Municipal Work as a Percentage of Total
Billin s
The Firm's fourteen attorneys have a variety of practice areas, and not all of the Firm's attorneys
perform municipal civil or prosecution work. However, in 2010, approximately fifty-four percent
(54%) of the Firm's total billed hours were spent performing municipal civil and prosecution
services. Ms. Nason spent ninety two percent (92%) of her time in 2010 providing civil and
prosecution services to the Firm's municipal clients.
9. Describe Malpractice Insurance; Carrier,Limits, and Exemqtions
3
The Firm carries Lawyers Professional Liability Insurance provided by Minnesota Lawyers
Mutual Insurance Company in the following amounts: $2,000,000.00 Per Claim and
$5,000,000.00 Aggregate. A copy of the policy, including applicable forms and endorsements, is
included in Appendix 3.
10. Statement of Compliance with Federal and State Laws Respectin� Civil
Rights•
LeVander, Gillen & Miller, PA complies with all federal, state, and local laws regarding civil
rights, and does not discriminate on the basis of age, gender, race, color, ethnicity, national
origin, religion, sexual orientation or handicapped status with respect to employment or the
provision of legal services.
C. ATTORNEY QUALIFICATIONS
1. Identification and Qualifications of the Specific Attornev who will Serve as
the Lead Attornev for Civil and Criminal Prosecution Services.
The Firm's municipal clients benefit from the Firm's significant experience serving various
cities. While each client is served primarily by one attorney from the Firm, all attorneys are
supported by the Firm's other municipal attorneys. This allows for the uninterrupted delivery of
legal services to all of our clients, and ensures that sufficient backup exists in the event of illness
or other unavailability of the Client's primary attorney. With that in mind, the proposed attorney
team for the City of Scandia is organized and comprised of the following members:
Or�anizational Chart Identi �in�ty of Scandia Team Members:
Lead Attorney: Bridget Nason
Primary Back-up Attorney: Kori Land
(for general civil matters)
Primary Back-up Attorney: David Kendall
(for criminal prosecution matters)
Legal Support Staff: LeVander, Gillen & Miller, P.A.,
Municipal Law Practice Group
Bridget Nason would act as lead attorney and contact person for the City of Scandia. She received
her Bachelor of Arts,summa cum laude, from Loyola University Chicago and her Juris Doctor, cum
laude, from the University of Minnesota Law School. Her complete academic training, degrees,
background, and experience in municipal law are all described in her individual attorney profile in
Appendix 1. Most significantly, she has served as an Assistant City Attorney for the Cities of Inver
Grove Heights, Mahtomedi, South St. Paul, and West St. Paul since 2005. Prior to her employment
with LeVander, Gillen & Miller, PA, Bridget worked as a law clerk in the civil division of the
4
.
Hennepin County Attorney's Office, where she assisted with legal research and litigation involving
a variety of civil legal issues faced by the County, including but not limited to employment law
issues, alleged civil rights violations,and general legal issues involving the County.
She has made presentations on ordinances and land use matters to nearly all of the Firm's City
Councils and Planning Commissions and has been a speaker at Minnesota City Attorneys'
Association annual conferences.
Ms.Nason's key civil municipal projects have included the following:
• Rewriting the entire Mahtomedi City Code
• Drafting numerous ordinances for the Firm's municipal clients, including but not limited to:
➢ Sign ordinances
➢ Pawnshop and precious metal dealer ordinance
➢ Alcohol ordinance revisions
➢ Peddlers and Solicitors ordinances
➢ Parks ordinances
• Drafting memoranda of law to the City Councils regarding various issues
• Appearing and conducting liquor license suspension and revocation hearings before the City
Council
� Responding to legal questions from City Staff regarding a variety of legal issues, including
ADA compliance issues, zoning and planning matters, park usage issues, liquor licensing
concerns, general city licensing questions, and city code violations
In her role as a city prosecutor, Ms. Nason is responsible for making charging decisions in gross
misdemeanor cases, and makes frequent appearances in Dakota County District Court in petty
misdemeanor, misdemeanor, and gross misdemeanor cases, including at arraignments, pretrials,
omnibus hearings, settlement conferences, and contested hearings. Over the past six years, Ms.
Nason has successfully tried numerous cases to both the court and juries, from speeding tickets
and theft cases to assaults and DUIs. Additionally, Ms. Nason has handled vehicle forfeitures for
the Firm's prosecution clients, as well as successfully litigating legal issues related to police
stops, searches, and seizures. Ms. Nason has attended the Minnesota County Attorney's
Association Trial School, is active on several criminal prosecution-related e-mail list-serves, and
has worked with key justice partners, including court staff,judges, and the probation department
to streamline prosecution-related services. The Firm's prosecution clients have twenty-four hour
access to Ms. Nason, as well as the Firm's entire prosecution team, for bail recommendations
and charging decisions or other legal questions.
Ms. Nason has been named a Rising Star by Minnesota Law& Politics for the past 4 years in a
row in the area of municipal/government law.
2. Identification and Qualifications of Primarv Substitute Attornevs.
5
A. Primary Back Up Attorney for Civil Matters—Korine L. Land
Kori Land would act as the primary back up attorney, should Ms. Nason be unavailable due to
illness or vacation. Ms. Land earned her Bachelor of Arts, magna cum laude, from Augustana
College and her Juris Doctor, cum laude, from William Mitchell College of Law. Ms. Land joined
the Firm in 1996 as an Associate and became a Shareholder in 2002. Her academic training,
degrees, background, and experience in municipal law are all described in her individual attorney
profile in Appendix 1. Most significantly, she has served as City Attorney for the City of West St.
Paul and the West St. Paul Economic Development Authority since 2003 and as City Attorney for
the City of South St. Paul and the City of Randolph since 2008. Ms. Land also is general counsel to
the South Metro Fire Department, a full-time joint fire department that serves the Cities of West St.
Paul and South St. Paul through a Joint Powers Agreement. She is the Chair of the Firm's
Municipal Practice Group, a past president of the Minnesota City Attorneys' Association and a
frequent speaker at the Minnesota City Attorneys' Association annual conferences. She was also
recently named a Super Lawyer by Minnesota Law& Politics for municipal/govemment law.
B. Primary Back Up Attorney for Criminal Prosecution—David Kendall
David Kendall would act as the primary back up attorney for prosecution services, should Ms.
Nason be unavailable due to illness or vacation, or if multiple prosecutors are required at the
same court date, for example if more than one case needed to be tried at the same time. Mr.
Kendall received his Bachelor of Arts, cum laude, from Denison University and his Juris Doctor,
cum laude, from the University of Minnesota Law School. Mr. Kendall has 10 years of criminal
prosecution experience and has been practicing with the Firm since 2004. Prior to joining
LeVander, Gillen & Miller, P.A., Mr. Kendall was the Assistant Pine County Attorney for 3
years, prosecuting felonies, gross misdemeanors, misdemeanors, traffic and juvenile matters.
Since he joined the Firm, Mr. Kendall has concentrated his practice primarily on criminal
prosecution. He has been a member of the Criminal Justice Council, Domestic Violence Task
Force, and the Crime Victim Justice Council. In addition, Mr. Kendall recently served as the
liaison counsel for Dakota County City Attorneys in the Source Code litigation, assisting the
Attorney General's Office with the preparation of the briefs submitted to the court and
preparations for oral arguments. He meets regularly with Dakota County Attorney Jim
Backstrom and other Dakota County city attorneys to discuss cooperation and coordination
between city and county prosecutions. Mr. Kendall also regularly meets with the managing
attorney from the Dakota County Public Defender's Office to move toward electronic/paperless
discovery to reduce costs and inefficiencies for public defender files.
3. Identify Other Attorneys and Support Staff who will Supuly Services for
Which the Citv will be Charged
A. Attornevs
6
Because representation of cities can produce legal matters in any number of areas of law, the
Firm has attorneys who, depending on their practice focus, can add to and complement the rich
base of knowledge that its civil municipal attorneys possess. The firm's attorneys have compiled
a record of success in each of the areas listed below:
Advisor to City Council. Tim Kuntz, Jay Karlovich, and Kori Land have been advisors to
city councils collectively for more than 50 years. They have faced most questions that can
arise and have successfully advised their clients regarding many challenging situations. Tim
Kuntz has frequently lectured throughout the State of Minnesota on a variety of municipal
topics, and is a regular speaker at the Newly Elected Official training conducted by the
League of Minnesota Cities; a list of these lecture topics is shown in his attorney profile in
Appendix 1. Mr.Kuntz has also been named as a Super Lawyer.
Civil Liti ag tion. The League of Minnesota Cities Insurance Trust handles most litigation on
behalf of the Firm's existing municipal clients. However, the Firm's municipal attorneys
have significant municipal litigation experience on behalf of their clients and the Firm's
attorneys have also litigated municipal law issues on behalf of their private sector clients.
Thus, the Firm's attorneys are well versed on both sides of the issues and legal principles
associated with municipal law. The Firm has successfully litigated various matters,
including issues in the areas of eminent domain, zoning and subdivision, special
assessments, hazardous buildings, civil damage claims, liquor licensing and zoning
enforcement actions.
In addition, Jay Karlovich and Dan Beeson have substantial civil trial experience in
representing numerous private clients in district court in the areas of planning,zoning, liquor
licenses and eminent domain proceedings. Jay Karlovich is the current chair of our Rea1
Estate Practice Group and the former chair of our Litigation Practice Group. Dan Beeson is
the chair of our Eminent Domain Practice Crroup. He is also a member of the Minnesota
Trial Lawyers Association, American Trial Lawyers Association, International Right of
Way Association and the Hennepin County Bar Association Eminent Domain Section, as
well as the Civil Litigation Section of the State Bar Association.
Land Use Issues. Daniel Beeson, Jay Karlovich, and Ann O'Reilly, three Shareholders of
our Firm, are all capable of assisting in litigation matters, special assessment appeals,
initiation and prosecution of condemnation matters, and negotiations with landowners
concerning easement and land acquisitions. During his 30 plus years of practice, Dan
Beeson has devoted a substantial amount of time to condemnation and municipal
litigation, including the areas of zoning and subdivision.
Improvement Projects. The experience of the Firm in handling all aspects of improvement
project legal questions spans more than four decades. The CiTy Attorneys with the Firm have
acquired hundreds of properties for improvement projects on behalf of the State of
Minnesota and the Firm's municipal clients. Jay Karlovich is both an attorney and a
licensed professional civil engineer, which provides the firm with the depth of an
experienced technical/legal interface for our municipal engineering and public works
departments.
7
Additionally, the City Attorneys have negotiated right of way acquisitions for the Firm's
various municipal clients for improvement projects of all sizes, including a right of way
acquisition for the City of Inver Grove Heights for an $18 million State, County and City
Tri-Agency road, bridge and utility infrastructure project. This has included direct
negotiations with landowners, eminent domain proceedings, commissioners' hearings and
appeals.
Finally, the Firm has also litigated inverse condemnation and assessment appeal cases.
Mr. Beeson has also successfully represented clients in over 75 sepazate special
assessment appeal cases involving both public utility and roadway improvements. Mr.
Beeson has acted as special counsel for the City of Apple Valley during a challenge to the
authority of the Apple Valley EDA to condemn blighted property and has handled
condemnation acquisitions involving tens of millions of dollars, including a 256-acre (5
parcels) golf course acquisition. In addition, Mr. Beeson successfully defended a district
court challenge to a PUD amendment and City rezoning decision, which resulted in a
judicial confirmation of the City's action.
B. Paralegals and Support Staff
1. Civil Paralegal
In addition to utilizing several experienced municipal law attorneys and
attorneys with specialized practices beneficial to municipalities, such as
employment law, our paralegals are well trained in the areas of municipal law
and are utilized in that capacity. Amanda Rice is Ms. Nason's designated
paralegal. Ms. Rice has a bachelor's degree in paralegal studies. Ms. Rice
joined our Firm in 2008 and has developed significant substantive knowledge
regarding municipal and real estate matters. In addition, she is proficient with
the various metro area County property records management systems, to
which the Firm has on-line access.
2. Criminal Prosecution Parale�als
The Firm employs two prosecution paralegals/assistants who are well trained
and assist the Firm's criminal prosecutors. Teresa Miklya and Tam Casey are
part of our prosecution team and would provide prosecution services support
for the City of Scandia. Teresa has 25 years of experience and Tam has 30
years of experience in prosecution services, so they are well-equipped with the
relevant prosecution-related knowledge and skills.
Our prosecution assistants provide support to the Firm's municipal
prosecutors in their misdemeanor and gross misdemeanor prosecution duties,
including preparation, monitoring and maintenance (including primary
responsibility for victim contacts) of arraignment, pre-trial and court trial files,
along with preparation of files for omnibus hearings, contested hearings and
8
jury trials, preparation of formal complaints, code violation and probation
files, and respond to discovery requests and draft disposition reports.
3. Le�al Secretary
Ms. Nason is assisted by a legal secretary, Carol Johnson. Ms Johnson has
been employed with the Firm since 1977. Ms. Johnson performs specific
duties, including but not limited to calendaring assistance, time and billing
slip assistance, transcription services, assistance with case or file preparation,
and file maintenance. In Ms. Johnson's absence, the Firm's other three
secretaries are available to assist the city attorney team.
4. Describe the current responsibilities of the person desi�nated to serve as the lead
attorney.
Currently, Ms. Nason works primarily as an Assistant City Attorney for the cities of West St.
Paul, South St. Paul, Inver Grove Heights, and Mahtomedi. Her time is spent performing all
aspects of civil municipal and prosecution services for the Firm's clients, from responding to
legal questions from City Staff to drafting ordinances to respond to City Council concerns. Ms.
Nason typically makes weekly appearances on criminal calendars in Dakota County District
Court.
D. LIST OF CITIES THE FIRM CURRENTLY REPRESENTS AND FOR WHAT TYPE
OF SERVICES
We currently serve as the City Attorneys for the following cities:
• City of South St. Paul since at least 1949 (civil)
• City of Inver Grove Heights since the 1970's(civil and prosecution)
• City of Sunfish Lake since 1988 (civil and prosecution)
• City of West St. Paul since 1995 (civil and prosecution)
• City of Buffalo Lake since 1996 (civil)
• City of Mahtomedi since 2000 (civil)
• City of Randolph since 2008 (civil)
• City of Fridley starting October 1,2011 (civil)
We have also acted as special counsel to various municipalities in the past, including Minneapolis,
Apple Valley, Afton, Hastings, Waseca, Farmington and White Bear Lake. We have provided
mediation services at the request of the League of Minnesota Cities to the Cities of Stillwater and
Belle Plaine, as well as Stillwater Township. In addition, we have provided relocation hearing
officer services to the City of Eagan.
9
E. LIST OF CITIES THE FIRM BEGAN REPRESENTING IN THE LAST THREE
YEARS AND CITIES THE FIRM STOPPED REPRESENTING IN THE LAST THREE
YEARS.
We have started representing the following cities in the past three years:
• City of Randolph since 2008 (civil)
• City of Fridley starting October 1,2011 (civil)
We will no longer be providing prosecution services to the City of South St. Paul effective
November 1, 2011.
F. DESCRIBE THE FIRM'S VIEW OF ITS RESPONSIBILITIES TO THE CITY IN
THE PROVISION OF LEGAL SERVICES
All contacts between the City and our office would be directed to Ms. Nason. Ms. Nason would
attend the regular council meetings, commission meetings and other required municipal meetings
requested by the City Manager. Ms. Nason will monitor, supervise and control the City Attorney
warkload and workflow and would be directly responsible to the City for all the work performed by
the Firm. All formal written legal opinions would be prepared and executed by Ms. Nason. She
would be involved in the following types of matters:
• Attend City Council meetings and other meetings as requested.
• Advise the City Council and City Staff with respect to legal matters.
• Negotiate, prepare and review any contracts or agreements as requested on
behalf of the City.
• Prepare and execute of all formal written legal opinions.
• Respond to staff questions by telephone or email.
• Represent the City in condemnation proceedings, prosecution, and litigation
matters as requested by the City.
• Research legal issues and questions are requested by the City and provide
interpretations of the City Code.
• Review police reports for charging decisions,prepare formal complaints, and
respond to questions from the Washington County Sheriffls Department
regarding relevant criminal-case issues.
• Appear in court for criminal cases.
10
Telephone calls and written inquiries would first be directed to Ms. Nason for a response. Ms.
Nason would be responsible for ordinance interpretations, for negotiating, drafting or reviewing
contracts as requested by the City, as well as for answering questions raised by the City Council or
staff. In addition, Ms. Nason would be responsible for drafting necessary legal documents, such as
ordinances, resolutions, and deeds as requested by the City. If Ms. Nason is unable to attend any
regular council meeting,Ms. Land will be the designated person to attend that meeting.
One of the guiding principles of our emphasis on municipal law is that our collective judgment
and counsel should assist our municipal clients in avoiding litigation whenever possible. While
we recognize that City staff are more than capable of handling its day-to-day operations, our
philosophy is to work directly with City staff as needed to address potentially problematic issues
in the interests of avoiding adverse legal ramifications arising from the City's actions.
All calls, faxes, mail and e-mails should be addressed to:
Bridget Nason
LeVander, Gillen& Miller, P.A.
633 South Concord Street
Suite 400
South St. Paul, Minnesota 55075
Telephone Number: (651) 451-1831
Facsimile Number: (651) 450-7384
E-mail: bnason(t�levander.com
Ms. Nason would promptly respond to inquiries and requests for direction that she received from
the City. Because she is not the lead City Attorney for the Firm's other municipal clients, she
will be readily available to assist the City when called upon to do so.
Ms. Nason would propose the creation of a database to log the City's projects/City assignments,
with continual updating of the database to provide timely and accurate reporting to the City as to
the status of project requests and litigation.
The workload of Scandia will be given the highest priority in the Firm as we have done with all the
other Cities that we represent. We believe we can provide efficient and timely responses and cost
effective representation for Scandia. Through our past experience, we have developed a significant
database of resource materials, specialized contracts, development and redevelopment agreements,
easement forms and an index of readily retrievable opinions dealing with some of the unique and
particular areas of municipal law. In short, there is no learning curve for the Firm. We have on
hand the background,the research materials,the ability to access the specialized journals,the model
contracts, and the forms and procedures that will assist any city to address the ever-growing issues
that confront our municipal clients.
As stated above, Ms. Nason will manage the full scope of services provided to the City of Scandia.
Ms.Nason will be the primary contact for the City.
11
LeVander, Gillen& Miller, P.A., normally assigns two attorneys to each litigation file to ensure the
timely response to the district court and appellate court filing requirements. Ms. Nason will
customarily be assisted by Mr. Beeson on eminent domain and land use litigation matters.
Ms. Nason will also be assisted by Mr. Kuntz and Ms. Land on various general municipal matters
and on development/redevelopment matters. In addition, Ms. Nason will manage and review the
research and draft documentation provided by the associates and the paralegals of the municipal law
practice group.
G. DESCRIBE THE FIRM'S EXPERIENCE, AND THE EXPERIENCE OF THE
DESIGNATED LEAD ATTORNEY, WITH REPRESENTING MUNICIPAL CLIENTS
IN THE EAW/EIS PROCESS, INCLUDING INFORMATION ON SPECIFIC
PROJECTS AND THEIR RELEVANCE TO CURRENT ISSUES FOR THE CITY OF
SCANDIA
As the City Attorney for the City of Inver Grove Heights, the Firm has experience in
representing the City of Inver Grove Heights through the Environmental Impact Statement
Process on several occasions. First, the Firm assisted the City of Inver Grove Heights through an
Alternative Urban Areawide Review (AUAR) covering 3,140 acres of land in the Northwest
Expansion Area in the City of Inver Grove Heights. Of those 3,140 acres, 2,117 acres were
proposed to be developed with a mixed use development of residential, office, industrial, and
commercial. The Firm provided legal and strategic advice with respect to the drafting and
processing of the AUAR.
Additionally, the Firm provided legal and strategic advice in processing the Environmental
Impact Statement for a 500 acre development (the "Arbor Point Development") at the
intersection of Highway 52, Highway 55 and Concord Street in the City of Inver Grove Heights.
Finally, our Firm has provided the City with legal advice with respect to the Environmental
Impact Statement and related documents for a site which included hundreds of acres of
commercial development at the intersection of Interstate 494 and Highway 52.
The Firm's experience in representing the interests of the City of Inver Grove Heights
throughout the various EIS and AUAR processes described allow us to have a solid
understanding of these processes, as well as the various challenging issues that can arise when
dealing with various proposed land uses in large, less developed areas.
H. COPY OF MALPRACTICE/LIABILITY INSURANCE CERTIFICATE
A copy of the Firm's Malpractice Insurance Certificate is located in Appendix 3.
I. CLIENTS/CONFLICT OF INTEREST PROVISIONS
To the best of our knowledge, neither Ms. Nason nor the Firm currently represent, or have
represented, any client whose representation may conflict with our ability to provide legal
services to Scandia.
12
Neither Ms. Nason nor the Firtn currently represent any other local units of government having
jurisdiction within, or contiguous to, the City of Scandia.
Ms. Nason has no personal or professional relationships with any of the Scandia City Council
members or other members of the community.
Neither Ms. Nason nor the Firm currently represent any real estate developers in Sandia or in any
municipality contiguous to its borders.
The Firm has a strict office policy against representing any client or potential client in any matter
that may conflict with our municipal clients. Our Firm is equipped with a computerized client
conflict check system that analyzes all potential new clients for potential conflicts with former or
existing clients.
J. PROPOSED COMPENSATION STRUCTURE
Because of our extensive experience providing civil municipal legal and criminal prosecution
services to our client, we believe LeVander, Gillen & Miller, P.A. can provide efficient and cost
effective legal services to the City of Scandia. LeVander, Gillen & Miller, P.A. agrees that this
fee structure shall remain in effect for 2012 through 2016. We are proposing an hourly-rate
structure for both civil and prosecution services, with no monthly retainer amount. However, our
fee structure is flexible and we would be willing to discuss alternative fee structure arrangements
with the City.
1. Civil Rates
The hourly rate for the designated City Attorney and all Firm attorneys assisting on any Scandia
municipal matter for general civil work would be billed at $135 per hour and at $150 per hour for
specialized work. Legal services rendered in conjunction with civil litigation, public
improvement projects, and eminent domain are considered specialized work. Development Paid
Services would be billed at a rate of $200 per hour. Regardless of whether general work or
specialized work, the hourly rate for Ms. Nason and all of the Firm's attorneys would be billed at
the same rate. The Firm's complete fee schedule is attached hereto as Appendix 4.
2. Prosecution
Criminal prosecution work would be billed at $120 per hour for attorneys and at $90 per hour for
legal assistants. These rates are also set forth in Appendix 4.
3. Minimum Increments
The minimum increment of time billed for each service, including phone calls, legal research,
correspondence, email correspondence and personal conferences is one-tenth(.1) of an hour.
13
4. Other Costs and Reimbursements
The other costs for which the Firm would seek reimbursement and payment from the City are as
follows: travel (other than to and from City Hall for city council meetings and staff ineetings),
Westlaw charges, Washington County filing and recording fees, Washington County online
property record search fees, and photocopies. Please note that travel charges are billed at the
current federally established mileage reimbursement rate. The Firm's complete fee schedule is
attached hereto in Appendix 4.
5. Billin�Format
The Firm bills on a monthly basis. The bill format identifies a client matter by a specific billing
number, the time spent on that matter by each timekeeper working on the matter(timekeepers are
the Firm's attorneys, civil paralegals and prosecution paralegals/assistants), and a detailed
description of the work performed.
The Firm is willing to discuss the billing format and, if necessary, reformat it to address the
City's needs.
K. PROFESSIONAL REFERENCES
Ms. Nason's professional references are as follows:
1. City of Mahtomedi Contact Information:
Scott Neilson,City Administrator
600 Stillwater Road
Mahtomedi,MN 55115
(651)426-3344
2. City of Inver Grove Heights Contact Information:
Joe Lynch, City Administrator
8150 Barbara Avenue
Inver Grove Heights, MN 55077
(651)450-2511
3. City of South St. Paul Contact Information:
Stephen King, CiTy Administrator
125 3`d Avenue North
South St. Paul,MN 55075
(651) 554-3202
4. City of South St. Paul Police Contact Information: (Prosecution
Reference)
14
Chief Danny Vujovich
125 3`d Avenue North
South St. Paul, MN 55075
(651) 554-3300
5. City of West St. Paul Police Contact Information: (Prosecution
Reference)
Chief Bud Shaver
1616 Humboldt Avenue
West St. Paul, MN 55118
(651) 552-4200
L. CONCLUSION
We believe that LeVander, Gillen & Miller, P.A., is uniquely positioned by our extensive
experience in municipal law, to provide full civil and prosecution legal services to the City of
Scandia.
Our Firm is committed to delivery of the highest quality of professional service to the City in an
efficient and effective manner. We look forward to the opportunity of providing many years of
service to the needs of the City of Scandia.
Respectfully submitted,
- LeVander, Gillen Miller,P.A.
By: By: ����� %. , -
Bridget . ason Korine L. Land
Attorney ShareholderBoard Member
15
����
� LEVANDER,
GILLEN &
MILLER, P.A. Established in 1929
ATTORNEYS AT LAW
�3RIt���T 1V����UL�Y I���C��
A�a�QC1�►T� �A,T�QRN�Y
,_
AREAS OF PRAGTtCE Rea1 Estate ,��
Criminal Law 3
Employment Law
Commercial Transactions
Probate and Estate Planning
Municipal and Governmental Law
PC1SlTlON LeVander, Gillen & Miller, P.A. ,
Associate Attorney (2005-Present)
EDUCATION University of Minnesota Law School
Juris Doctorate (J.D.),2005
Honors: Cum Laude
Dean's List
Loyola University - Chicago
Bachelor of Arts (B.A.), 2001
Honors: Summa Cum Laude
Phi Beta Kappa
Dean's List
BAR ADC�ltSSf01�[S Minnesota Supreme Court, 2005
PRIQR EXPERiENCE I.aw Clerk,Hennepin County Attorney's Office (2003-2005)
Law Clerk,Federal Trade Commission's Bureau of
Consumer Protection (2004)
AmeriCorps VISTA Volunteer,Land of Lincoln Legal Assistance Foundation
(2001-2002)
BAR ASS4CEATIC?i�t Minnesota Sta.te Bar Association (2005-Present)
M EM BE RSH tP Dakota County Bar Association (2005-Present)
M EM B�RSH i P5 �AND Minnesota Women Lawyers (2005-Present)
AFFf�IATlONS
PRO BONO ANL? Minnesota Justice Foundation Volunteer (2002-2005)
VOLUNTEER ACTiV1T1E5 Mock Trial Judge,Minnesota State Bar Association (2004-Present)
Saint Olaf Catholic Church Social Outreach Volunteer (2003-Present)
Fi�3 SOUTI3 CONCORD STREEI'�Su�•rE 400 • SOUTH SAiN7'PAUL�Miivrr�soTn 55075
Te�.651-451-1831 • r•nx 651-��0-7384 •ToiL}x�E 858-451-1831
Ei�1AIL: BIVWSON�;LF,Vr1NDER.COM
■�
LEVANDER, . �
G I LLEN &
MILLER, P.A. Established in 1929
ATTORNEYS AT LAW
�.o!-[.��� �I'1��
SI-��►R�1�#t�L��R
ARE'AS C3F PRACTtCE Real Estate and La.nd Use
Municipal and Governmental Law
Eminent Domain
POSiTtON LeVander, Gillen & Miller, P.A.
Shareholder (Since Jan. 2002)
Associate Attorney (1996-2001)
Et3UCATtON William Mitchell College of Law
Juris Doctorafe (J.A), 1995 Cum Laude
Associate Edifor, William Mitchell Law Review(1993-1995)
Augustana College - Sioux Falls, South Dakota
Bachelor of Arts (B.A.), 1992 Magna Cum Laude
BAR AE7►vt15510N� Minnesota Supreme Court, 1995
United States District Court,Disfrict of Minnesota, 1998
Wisconsin Supreme Court, 2001
�4,PPQINTIv1�NfiS. Minnesota City Attorney's Association Board of Directors (2006-Present)
MEMBERSNlPS, AIYD Minnesota Women La.wyers (2001-Present)
AFFI�tAT10NS River Heights Chamber of Commerce (1996-Present)
West St. Paul/Mendota Hei.ghts Rotary Club (1999-Present)
President (2005-2006)
Communications Chair (2006-Present)
BA�R /��54GI/�1'1�N Minnesota State Bar Association
M�MBERSFl1P Wisconsin State Bar Association
Firsf Judicial District Bar Association
Dakota County Bar Association
SELEGTED PU@t_tCAT{OF�tS "With Liberly and Juvenile Justice for All:
Extending the Right to a Jury Tria1 to the Juvenile Courts,"
20 William Mitchell Law Review 835 (1994)
PR4 BONO �4NQ Legal Assistance of Dakota County
WOLUt'�T�'ER ACTt�IT1E5 Loaves&Fishes
Adopf-A-Family Program
Ronald McDonald House
633 Sou��x CoNcoFn S�rFe�r,SUI't'E 400 • SovT�j S,�rn�•Fnui.,M�NN�so•rn 55075
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EA1A[I.: R1,Ai\R�C�LEVAIVDEF.COAS
_ �`
� LEVANDER,
GILLEN &
MILLER, P.A. Established in 1929
ATTORNEYS AT LAW
T��noT�Y Kurv`t�z
SF�#A�'.�F�4�.��R.
At�EAS QF PRACTfCE Municipal and Governmental Law
Corporate Transactions
Business Organization
Probate and Esta#e Planning
Litigation Strategy and Consultafion
POSITlON LeVander, Gillen, Miller, P.A.
Shareholder (Since 1980)
President of the Board
Member,Finance and Management Committee
Associate Attorney (1975-1980)
E�ucafrar� University of Minnesota Law School
Juris Doctorafe (J.D.), 1975
Minnesota Law Review
University of Notre Dame
Bachelor of Arts (B.A.), 1972
Summa Cum Laude
Ford Merit Scholar
Phi Beta.Kappa
BAR ADMtSS[QNS Minnesota Supreme Court, 1975
United States District CourE,Disfrict of Minnesota, 1978
APP4II�TMENTS, Minnesota Client Security Board (1997-2002)
MEMBERSHlPS, AND Minnesota State Bar Association Governance Task Force (2003-2004)
AFFILIATIOI�tS Governor's Judicial Selection Committee
First Judicial District(1999-2002)
Minnesota Sta.te Bar Association - Board of Governors
(1985-1990)and(1997-2002)
River Heights Chamber of Commerce
First District Bar Association Board
Secretary/Treasurer(1999-2000)
Vice President (2001)
President(2002)
Dakota County Bar Associaiion
Secretary/'I'reasurer(2001-Present)
AWARDS, �iC?NQRS, AND Special Recognition Award- League of Minnesota Cities
REGC�MTtaNS Recognized by Law&Leading Attorneys in the area of
Federal, Sta.te and Local Governmental Law
President's Award - Minnesota Stafe Bar Association
Recognized as Super Lawyer in Governmental Law
F33 SOUTH CONI'OFD STREE'1'� SU1TE'�OO • SOLPI'tl $AIN1'YAUL,�'L1�NESOTA 5507�
�•ei.651-451-1831 • Fn�651-450-7384 • 7ilI.L FREE HS8-451-IH��
EA9Al1.: TKUM"J.�I,EV�TDER.I'CLVI
i�..r. .
LEVANDER, "
GILLEN &
MILLER, P.A. Established in 1929
ATTORNEYS AT LAW
I✓�"'14Vi�� ��G��V�
��"E��.�F"�Q�..�}��
�: '
AREAS UF PRACTICE Eminent Domain/Condemnation
Real Estate Litigation
Appellate Practice
Land Use and Zoning
Governmental Law
Independent Hearing Examiner
(Contested Relocafion Assistance Appeals)
POSII'ION LeVander, Gillen & Miller, P.A.
Shareholder (Since 1981)
Vice President of the Board
Member,Finance and Management Committee
Chair,Eminent Domain Practice Group
EDUCATi(7t�! William Mitchell College of Law
Juris Doctorate (J.D), 1977
Honors: Cum Laude
University of Minnesota
Bachelor of Arts (B.A.), 1972
Major. Polifical Science
Honors: Marshal H.Alworth Merit Scholar
Frederick I�aeber Merit Scholar
- BAR ADMtS510NS Minnesota Supreme Court, 1977
United States District Court,District of Minnesota, 1978
A PPO!NTMENTS o American Association for Justice
M EM BE RS H 1 PS� �#N D Minnesota Trial Lawyers Association
ASSOGIA7lqNS International Right of Way Associaiion
First Judicial District Ethics Committee
Minnesota Eminent Domain Institute (MEDI)
BAF� ASSQCIATtON American Bar Association
M E M BER SH 1 P Minnesota State Bar Association
First Judicial District Bar Association
Dakota County Bar Association
Hennepin County Bar Association
Eminent Domain Section
Civil Jury Instruction Guide Subcommittee (Eminent Domain)
�aW,�.R.US, WC7NURS Recognized as a Super I.awyer,
& F2EC�N1TiC?NS Minnesota Law&Politics (2006-2007)
G33 Soin�ii Cc�,�ro�:n S•rr.et:r, Si�rrr;400 • So��rn S�trrr Pnu�.,M:n��s�r,•C 55075
TEl,fi�l--aiJl-��':71 • F:\\ v.r)1-'-�J�)-%JcSY • T��LL FFFE tS'tSc�-�,JI-jSzl
E\1AII: DRF.EtiON�[t?I,t;\':\NDEF.COM
VQLUNT�ER At�1�? Dakota County Law Library Board
PRG BC?NCa �ACTI�11`fE5 Lake Region Hockey Board
North Suburban Youth Lacrosse Association Board
Former Minnesota Hockey District 2 Representaiive
5�M i NAR.S A,N[? "Post Kelo v City of New London: Minnesota Answers the U S. Supreme
PRESENI"ATlQNS Court's Invitation to Restrict the Fxercise of Government Taking
� Power."
Minnesota Paralegal Association Convention
"An Overview of Inverse Condemnation,"
Minnesota Right of Way Professionals Conference,
Minnesota Deparlment of Transportation
"Vacation of Public Road Right of Way and Taking of
Abutiing Owner's Easements of Air, Light,View and Access,"
Minnesota Institute of Legal Education
"Doing the Right Thing: Ethics and Legal Considerations
in Condemnation,"
Minnesofa Right of Way Professionals Conference,
Minnesota Department of Transportation
"Condemnation Commissioners in the First Judicial District,"
Hennepin County Bar Association, Eminent Domain Section
"Preparation for a Successful Hearing on Petition and Quick Take,"
Minnesota Right of Way Professionals Conference,
Minnesota Department of Transportation
"The Practice of Law as a Higher Calling," �
Minnesota Right of Way Professional Conference,
Minnesota Department of Transportation
E M t f�E NT �Q M A f t�E Represented landowner and defeated gwernrr►enYs attempt to condemn
�X.RE�?i�NGE one-half of owner's development parcel at amdemnation petition hearir�g.
Subsequent negotiations resulted in successful fair market value sale and favorable
hi4Sh density rezonit�g of remainder parcel with a multi-million dollar benefit to
client.
Represented convenience store/gas stations,restaurants,medical offices,office
� showrooms/office warehouses,research and development facilities,and other
commercial and retail businesses in various highway access takir�condemnation
cases resulti�g in substantial direct and severance damage awards from
condemnarion commissioners.
Kepresented landowner with a]arge parcel of vacant development land Defeated a
partial taldr�condemnafion at petition hearing and successfully negatiated a multi-
million dollar total acquisition for fair market value.
Successfully negvtiated a damage settlement in excess of$1 Million for a partial
taldng of a rural parcel of land. Issues of h�ghest and best use and impact of the
highway taldng upon sand and gravel mining use resulted in a settlement over six-
times the government's appraisal and yuick-take deposit.
Represented church in a partial taldng condemnarion. Loss of access and parldr�
claims resulted in s�gnificant damage award by the condemnation commissioners over
five-times the gavernment's appraisal and quick-take payment.
Successfully acquired by direct negotiation and condemnation frve parcels totali�
225 acres for municipal golf course.
E M I N�NT DQ MA f N Represented state,county,and city interests in 26-parcel
�X RE R i E�G E condemnation acquisition to facilitate construc6on of an$1 S Million
�GONTtNu�r�� Highway 52 interchange and infrastructure project.
Represented major oil company in a partial taldng condemnation resulting in the
disirict court declaring a city's charter condemna6on power unconstitutional,
granting inverse condemnation petition and awarding the client a significant,six-
figure judgment for atforneys'fees and costs.
Successfully represented numerous landowners in total arid partial takings of
properry in state,county,and city condemnations throughout the metropolitan area
and the State of Minnesota.
�OTABL�E �ASES AND In re the A�rplication forRelocation Benefits of Richard and
ARPELLATE �XPERI�N�E Janice Pickering v. City of Plymouth,
(Minnesota Court of Appeals)
2004 W.L.,A 03-821 (Apri16,2004)
Sinclair Oil Corporation v. City of St. Pau�
(Minnesota Court of Appeals)
2002 W.L., 19029020 Minn.App. (August 20, 2002)
Matter of Condemnation of Cerfain Lands in the City of
White Bear Lake,
(Minnesota Court of Appeals)
555 N.W.2d.541 (Minn.App. 1996)
Odell v. City of Eagary
(Minnesota Court of Appeals)
348 N.W.2d 792 (Minn.App. 1984)
Peterson v. City of Irrver Grove Heighfs,
(Minnesota Court of Appeals)
345 N.W.2d 274 (Minn.App. 1984)
REPRE��NT�TIVE Gt��ENTS Sinclair Oil Corporation,Inc.
Speedway SuperAmerica,LLC
Sears Roebuck and Co.
Rosemount Aerospace,Inc.
Goodrich Corporation
Ashland,Inc.
Lake States Lumber, Inc.
Church of St.Henry
RWH Properties,Inc.
DocEors Park Properties,Inc.
Gonyea Land Company
Life Church
West St. Paul Economic Development Authority
South St. Paul Housing and Redevelopment Authority
Ciiy of Inver Grove Heights
Optimum Mortgage Services,Inc.
n��
� LEVANDER,
GILLEN &
MILLER, P.A. Established in 1929
ATTORNEYS AT LAW
��t�1N��'� �. �C��#L�'
�►HARE�Q�.Q�R
�.
AREAa QF PRACTlCE Commercial Transa.ctions
Real Estate
Business Organizations
Employment &Labor Law
�''��ITiQN I.eVander, Gillen & Miller, P.A.
Shareholder (Since 1996)
Treasurer of the Board of Directors
Member,Finance and Management Committee
Associate Atforney (1991-1995)
��t�Gl�TIpN University of Minnesota Law School
Juris Doctorate (J.D.), 1990
University of Minnesota
Bachelor of Arts (B.A.), 1987
��0.R A QM 1�$tQ N� Minnesota Supreme Court, 1990
United States District Court, District of Minnesota, 1991
Wisconsin Supreme Court, 2003
�R1C�R �X:.P��1�N�� Law Clerk to the Honorable H. Richard Hopper
First Judicial District Court,Minnesota (1990-1991)
AF�F#AINTM�N7`�, South St. Paul Open Board of Directors (2003-Present)
M��M�ER�aF�t 1 P5, AN D River Heights Chamber of Commerce (1991-Presenf)
�,��I�.fATIQ�I� Leadership South St. Paul/Inver Grove Heights Board (1994)
"Bubble Kids"Foundation Board of Directors (2002-2003)
�AF. IA�aC,aGGI�'i'tt?N Minnesota Sfate Bar Association (1990�Present)
��M����HIP First Judicial District Bar Association (1990�Present)
Dakota County Bar Association (1990�Present)
P�f> �C)NA A[�!� Founder, "Crayons for Kids"
Vt��.UNT��� /�1�TCVfT1��'a (Philanthropic organization raising funds for Public Schools)
Founder,`OTake Me Out to the Ball Game"
(A philanthropic organizarion designed to bring underprivileged
children to Major League baseball�mes.)
Ct������NfAT4�� C�t�NT�a The Linn Companies
World Snowmobile Association,Inc.
GP Companies
Pioneer Power, Inc.
Extrusion Dies Industries,LLC
Area Mechanical, Inc.
Fritz Candy Company, Inc.
Soufhview Design and Construction, Inc.
633 SOIrPH CONCORD STFEET, $Uf'I'�4�� • SOU'fH SAIN1'PAUL�MINNESO'PA B5O7B
TeL 651-451-1831 • eax 651-450-7384 •Tott.ea}E SSS-451-1831
EMAIi.: KROIILF CII.EVr�1YDER.COM
I�- -
LEVANDER, �
G I LLEN &
MILLER, P.A. Established in 1929
ATTORNEYS AT LAW
',,�iTEP�-1�N �C�CH�..�R
S�#AR�HQ�.Q��2 '
AR�A� OF PRA�TlC.E Business Organizations � .r
Wills and Trusts "�
Probate and Estate Planning
Commercial Transactions
Real Estate
Strategic Litigation Support and Consultation
Appellate Practice
POSITION LeVander, Gillen & Miller, P.A.
Shareholder (Since Jan. 2000)
Associate Attorney (1994-2000)
E�UCATIpN Hamline University School of Law - St. Paul, Minnesota
Juris Doctorate (J.D.), 1992 Cum Laude
Hamline Law Reriew
Moot Court
Wittenberg University - Springfield, Ohio
Bachelor of Arts (B.A.), 1989
�3AR ADMtSS[pf�tS Minnesota Supreme Court, 1993
United States District Court,I7istrict of Minnesota, 1995
Supreme Judicial Court, Commonwealth of Massachusetts, 2003
PR�OR �XPEFFl�I�tGE Law Clerk to the Honorable H. Richard Hopper
First Judicial District Court,Minnesota (1993-1994)
l�IPPOINTM�N'T5, River Heights Chamber of Commerce
MEME3E�1'SMfPS, 1�;Np Member (1994- Present)
�4F�'iL1ATtO[�5 Board of Directors (2004-2005)
B�4R AS�OC[ptTtON Minnesota State Bar Association (1993-Present)
IVIEMBERSNiP First Judicial District Bar Association (1994-Present)
Dakota County Bar Association (1994-Present)
PRA BC?NQ �NR Compatible Technology International
VC?�.t,lN�'��R AGTtV{TI�& Board of Directors (2004-Present)
Encampment Forest Association (2001-Present)
Legal Committee
633 So�n'» CoNco�D S�Ker:�r,Surre 440 ° SOUTH SA1NT PAUL�MINNtiS07'A ,ri5O75
TEL 651-451-1831 • eax 651-450-7384 • 1'O1.L FRF.6 HHH-4F1-IS3I
EMAIL: SFOCHLER�I,EVAA'DER.COA1
.�.
LEVANDER,
GILLEN &
MILLER, P.A. Established in 1929
ATTORNEYS AT LAW
�AY 1�.�.R.LQVIG�
St-�AREF-�QL.C���t
AREAS OF PRACTICE Eminent Domain
Rea1 Estate and Land Use �
Municipal and Governmental Law
Civil Lit�ation
POSITtUN LeVander, Gillen & Miller, P.A.
Shareholder (Since Jan. 2000)
Associate Attorney (1995-1999)
EDUCATION William Mitchell College of Law
Juris Doctorate (J.D.), 1994
Arizona State University
Masters in Business Administration (M.B.A.), 1988
University of Arizona
Bachelor of Science (B.S.), 1984 (Civil Engineerin�
BAR RDMISSIONS Minnesota Supreme Court, 1994
North Dakota Supreme Court, 1994
United States District Court,District of Minnesota, 1995
PRI�R ExPERiENCE Minnesota Department of Transportation, St.Paul,MN
Engineer,Project Manager (1990-1995)
McDonnell Douglas Corporation,Long Beach,CA
Engineer, Scientist,Airline Business Manager (1987-1990)
Goodyear Aerospace Corporahon,Goodyear,AZ
Engineer, Scientist (1985-1987)
U.S.Dept. of Health&Human Services,Kinchelce,MI
Engineer (1984-1985)
APPOtNTME�ITS, City Attorney (Civil),City of Mahtomedi,Minnesota
MEMBERSHIPS, AND Planning Commissioner, City of Chanhassen,Minnesota (2000)
AFFtLtATtONS Chanhassen Parks &Recreation Commissioner (1998-2001)
Eminent Domain Commissioner by Appointment (Carver County)
River Heights Chamber of Commerce (1995-Present)
BAR ASSOGtkTtV�I Minnesota State Bar Association (1995-Present)
MEMBERSHIP First Judicial District Bar AssociaHon (1995-Present)
Dakota County Bar Association (1995-Present)
Henn�pin County Bar Association (1995-Present)
�ERTtFIGATlONS Licensed Professional Er�ineer,
State of Minnesota (1990-2001)
State of Arizona (1988-Present)
G33 SOUTFI CIINCORI)STREET, $UI7'E 40� • SOUTIi SAINT PALrL,MI�1'NESO'I'A 55O7,ri
Ter.651-451-1831 • enx 651-450-7384 • niLL eFe� b88-451-18,i1
En1A(L:J}:ARLO��CII�LF.VAND£.R.COA•i
LEVANDER,
GILLEN &
MILLER, P.A. Esfablished in 1929
ATTORNEYS AT LAW
�4 t�G�LA, LUTZ A�VIAl�trI
SMARE�-#QLpER
AREAS �F PRA�'TICE Employrnent Law
Probate and Estate Planning
Association Law
Health Care La.w
Elder Law
Commercial Transactions
POSiTION LeVander, Gillen & Miller, P.A.
Shareholder (Since Jan. 2000)
Chair,Human Resources Committee
Chair, Employment Law Practice Group
Associate Attorney (1995-1999)
EDUC.ATI�1N University of Notre Dame Law School
Juris Doctorate (J.D), 1994
Honors: Thomas J. White Scholar
Student Articles Editor,
Journal of Law,Ethics and Public Policy
Northwestern University; Evanston, Illinois
Bachelor of Science (B.S.), 1991
Honors: Dean's List (all quarters)
Major: Communications
BAF� ADMISSIC}NS Minnesota Supreme Court, 1994
United States District Court,Minnesota, 1995
PRiaR EXPERIE[�IGE Law Clerk to fhe Honorable T'homas R Lacy
Firsf Judicial District Court,Minnesota (1994-1995)
APP�C?tNTMEN'T�, Minnesota Women Lawyers (1999-Present)
M EM B ERSH(PS, AN D River Heights Chamber of Commerce
AFFIL[ATIONS Member (1995-Present)
Board of Directors (2005-2007)
BAR ASSC3CIATiON American Bar Associatiori (1995-Present)
M E M B ERS N M P Minnesota State Bar Association (1995-Present)
First Judicial District Bar Association (1995-Present)
Dakota County Bar Association (1995-Present)
�33 Sovr�� Contco�:n S�1:r.tr, SuiTe�QO • Sou�•x Sa��r Paui.,Mi�vrrr;so�� 55075
Tei,651-451-1831 • r.ti�65t-450-7384 • ��or.c f�:r:e 8b8-451-1831
EM.4lL:�AA1AN��[llLE\AtVDt;R.COM
LECTURES, �PEECHES, Presenter, Lorman Education Services Continuing Lega1 Educafion
AND COURSES "i'AUGHT Seminar, "What You Need to Know About Public Records and
Open Meetings in Minnesota" (September 2003-2006)
Presenter, Dakota Area Resources and Transportation for Seniors
(DARTS) Seminar,"Planning for Incapacity" (June 2004-2007)
Presenter, Women's Financial Securify Symposium, "Key Strategies for
Achieving Financial Success" (September 2003)
Presenter, Minnesota Dental Association Seminar, "HIPAA Privacy for
Dental Professionals" (February 2003)
Presenter,Easter Lutheran Church,"Fsfate Planning Basics"(May 2003)
Presenter, Dakota Area Resources and Transportation for Seniors
(DARTS) Seminar,"Estate Planning Basics" (July 1999)
REPRESENTATIV� Minnesota Denfal Association
CLIENTS Midwest Dental Benefits, Inc.
PRO BONO AND Minnesota Women Lawyers Law Student Mentor
VQLUNTEER ACTIVITIES Southwest YMCA Childcare Parent Advisory Committee (2004-Present)
Minnesota Valley Mothers of Multiples Club (2003-Present)
PRACTIGE �XPERIENCE Counsels public and private employers on commercial and employment-
related matters, including employment agreements, discharges,
severance agreements,discrimination claims,breach-of-contract claims,
non-competition covenants, and employment policies.
Counsels individuals on all types of estate planning strategies including
wills, revocable trusts, credit shelter irusts, gifting plans, and planning
for incapacity.
Assists clients with all aspects of the probate and trust administration
process.
Serves as general counsel to a major professional association and a
dental benefits provider and advises on a11 aspects of corporate,
employment and health care law
Advises non-profit organizations and other entities on all aspects of
corporate, employment,and health care law
Assists dental and other professionals wifh corporate, employment and
practice transition issues.
-- ��
LEVANDER, �
GILLEN &
MILLER, P.A. Established in 1929
ATTORNEYS AT LAW
�IV�V O'��1��� „
A�"Z`OR[��lf / SHARE�l4�.t]�� -
��
AREAS OF PRACTiCE Civil Litigation&Appeals
Commercial and Business Litigation
Real Estate
Probate Litigation
Employment Law
Civil Mediation and Arbitration
PUS[71C�N LeVander,Gillen&Miller,P.A.
Shareholder(Since 2003)
Chair of the Litigation Practice Group
Chair of the Marketing Committee
Associate Attorney(1997-2002)
E D U�:AT 1 p N University of Minnesota Law School
Juris Doctor(J.D.),1996
Honors: Cum Laude,Dean's List
University of Wisconsin� Madison,Wisconsin
Bachelor of Arts(B.A.), 1992
Honors: Graduate of Academic Distinction
Mayo Clinic Foundation Scholar,Dean's List
BAR. ADMISSIONS Minnesota Supreme Court, 1996
United States District Court,District of Minnesota, 1998
United States District Court,N.District of Illinois, 1999
APPOINTMENYS, Minnesota Women Lawyers(1997-Present)
M}EMBERSNIPS,, AND Judicial Appointments Committee(2002-2010),Co-Chair(2008-2010)
AFFtL1ATtONS Judicial Election Committee(2002-2010)
Professional Enrichment Committee,Co-Chair(2011-Present)
Judicial Subcommittee,Co-Chair(2011-Present)
Parity Taskforce(2010-2011)
Minnesota State Bar Association(MSBA)
Judicial Elections Campaign Conduct Committee(2008-Present),Chair(2011)
United States Selective Service Board,Minnesota Region III(2002-2005)
Nominated by Governor Jesse Ventura(August 12,2002)
Appointed by I'resident George W.Bush(Sept.23,2002)
633 Sou�C�Ncor.v S��r,S�m�e 400 • Sou�Snu��r Pnut,A�so'ra 550 i 5
Te�,65i-45I-1331 •�ax 651-450-7384 ��rot3.�SSS-451-1831
$MAIL:AO&E1LLY p7 AP7DII{.COM
� APPUINTMENTS, Friends of Animal Adoptions/Animal Ark Board of Directors(2003-2006)
MEMBERSHiPS, AND Legal Assistance of Dakota County Board of Directors(1997-Present)
AFFII,lAT10NS President(1999-2001);Vice President(1998);Secretary(199'�
(GONTINUEA) Special Investigator,City of Afton,Minnesota (2003-2005)
BAR ASSOClATlON Minnesota State Bar Association(1996-Present)
MEMBERSHIP First Judicial District Bar Association(1997-Present)
Dakota County Bar Association (1997-Present)
Hennepin County Bar Association(1996-Present)
SPEC1A1.1ZED TRAINING Honorable James E.Preece Trial Advocacy School
AIVD COURSEWURK (An intensive trial advocacy course sponsored and administered by the Minnesota
County Attorneys Association,Minnesota Attorney General's Office,and the Minnesota
State Public Defender's Office.)
Rule 114 Qualified Neutral(Civil Mediation and Arbitration)
(Listed on the Minnesota Supreme Court Roster of Qualified Neutrals for Civil
Mediation and Arbitration) •
AWARQS, HUNC>RS, A�JD Voted and Recognized as a"Rising Star"in
R�CQGNITtONS Minnesota Law�'Politics Magazine
Named"Who's Who in Employment Law"by
Minnesota Law£�'Politics Magazine
2003 Equal Access to Justice Pro Bono Publico Award
(For outstanding service to Legal Assistance of Dakota County)
NOTABI�E CA.�ES AN� Imperial Developers,Inc.v. Calhoun Development,LLC,790 N.W.2d 14b(Minn.2010)
J�PPE AI�S State v.Lommel,2009 WL 2149154(Minn.Ct.App.2009)
State v. Cribson Lee,2003 WL 1961390(Minn.Ct.App.2003)
State v.Ihle,640 N.W.2d 910(Minn.2002)
State v.Hof�inan,2001 WL 50909(Minn.Ct.App.2001)
Transact,Inc.u Bruestle,2001 WI.826801 (Minn.Ct.App.2001)
CERTM�'ICATIONS Criminal Justice Certificate(University of Wisconsin, 1992)
PRIUR EX.PERIENCE Law Clerk to the Honorable John Sommerville
Fourth Judicial District Court,Minnesota (1996-1997)
PR�C7 BONO �1ND Legal Assistance of Dakota County Silent Auction
V4l.UMT�ER ACT(ViTIEB Event organizer and coordinator(2002-2006)
Big Brothers and Big Sisters of the Twin Cities(2000-2010)
Moot Court Judge,MSBA Moot Court Competition(1997-1998)
Moot Court Judge,Hamline University Law School (2003)
LEC7URES, �PEECNES? CLE moderator,"Judicial Appointments in the New Administration" (2011)
AND COURSES T�'+,UGHT Organizer and moderator of First District Judicial Forum(2010)
Organizer and moderator,"You Can Be A Judge"Seminars,sponsored by
Minnesota Women Lawyers(2002&200'�
�R(AL EXPERIENCE Successfully tried to completion numerous bench and jury trials
throughout the state.
t�ERS4NAi� Resides in Wayzata with her husband and two ehildren.
...�.. ,
LEVANDER, �
GILLEN &
MILLER, P.A. Established in 1929
ATTORNEYS AT LAW
Uo�v.��.� L. I�Q��T
�k��4.R�HO�.,Q�R
AREAS OF PRACTICE Wills,Trusts,and Tax Planning
Probate and Trust Administration
Estate Planning and Business Succession
Planning
Real Estate
Commercial Lending
Business Organization
General Corporate and Finance Law
POSITION LeVander,Gillen.&Miller,P.A.
Shareholder (Since Jan. 2006)
Attorney(2003-2005)
EaUGATION University of Oklahoma City School of Law
Juris Doctorate (J.D.), 1976;Cum Laude
University of Northern Iowa-Cedar Falls,Iowa
Bachelor of Arts (B.A.), 1973;Honors Graduate
BAR ADMISSIQNS Minnesota Supreme Court, 1976
Oklahoma Supreme Court, 1976
Wisconsin Supreme Court, 1989
United States District Court,District of Minnesota, 1976
United States Eiglith Circuit Court of Appeals, 1989
United States District Court,Western District Wisconsin, 1997
United States Tax Court, 1995
PRIOR EXPERIENCE Attorney,Johnson&London,P.A. (1976-1980)
Attorney,Crawford&Anderson,P.A. (1980-1984)
Shareholder,Bowman&London,Ltd. (1984-1989)
Shareholder,Jacobson,Stromme&Harwood,P.A. (1989-1992)
Shareholder,London,Anderson,Antolak&Hoeft (1992-2003)
APPOINTMENTS, AARP Legal Services Network Participating Attorney
MEMBERSNIP�, At�tD Eagan Rotary Club,Vocational Services Chair
AFFILIATIONS Dakota County Regional Chamber of Commerce
Governmental Affairs Committee (2003-Present)
National Association of Insurance and Financial Advisors
Society of Financial Service Professionals
Eagan Resource Center,Founding Board of Directors Member
(a nonprofit food shelf organization)
BAR ASSOGIATiQN Minriesota State Bar Association (1976-Present)
MEMBERSHIPS Oklahoma State Bar Association (1976-Present)
Wisconsin State Bar Association (1989-Present)
First Judicial District Bar Association (1976-Present)
Dakota County Bar Association (1976-Present)
633 SOUTH CONCORD STREET�$UITE 400 • SOUTH SAINT PAUL.�MINNESOTA SSO�S
TEL 651-451-1831 • Fnac 651-450-7384•TOLL�888-451-1831
EMAIL:DHOEFf�u LEVANDER.COM
LEVANDER,
GI LLEN &
MILLER, P.A. Established in 1929
ATTORNEYS AT LAW
C�ARCY �RICKSON �: �=
SHAREF-�QLD�R ,� + �
A�REAS OF PRACTtCE Real Estate
Eminent Domain
Commercial Transacfions
Business Organization
Municipal and Governmental Law
Civil Litigation
POStTIQN LeVander, Gillen & Miller, P.A.
Shareholder (Since Jan. 2007)
Associate Attorney (2000-Z006)
�DUCATI�N William Mitchell College of Law
Juris Docforate (J.D), 1999
Honors: Cum laude �
Activities: Rosalie E. Wahl Moot Court
National Moot Court
Mankato State University
Bachelor of Arts (B.A.), 1996
Honors: Summa Cum Laude
Theodore Nydahl History Scholarship
Junior Honor Marshall
Major: History
BAR ADMISS[UNS Minnesota Supreme CourE, 1999
PRtQR EXPERIENCE Law Clerk to the Honorable Daniel Kammeyer
Tenth Judicial District Court,Minnesota (1999-2000)
APPC7tN'1"MENTS, Minnesota Women Lawyers (2000-Present)
N1 EM B ERS H 1 PS, At�!D International Right of Way Association (2003-Present)
AFFILtAT10NS River Heights Chamtier of Commerce (2000-Present)
Neighbors,Inc. Board Member (2006-Present)
BAR ASSC3CIATlON Minnesota State Bar Associafion (1999-Present)
M Elvl B ERS H i P Dakota County Bar Association (2000-Present)
NOT/�BLE CASES ANp State v. Gibson Lee
i4PP�LLATE EXPERiENCE (Minnesota Court of Appeals)
2003 WL 1961390 Minn. App. (Apri129, 2003)
(i�� $�lC"SI{ C:OiVCOiiD$TitEF.7'� SL111'E 4OO • SOlJT1i SAINT Y�\UI., N1inr��s���rA 5�0'75
t�s�i.G51-451-1831 • rt��G51-450-7384 •�r���i,}xrt SS�-451-18?1
EMAIL:DEItICKSON�LtiVANPEF.COpi
LEVANDER, �
GILLEN &
MILLER, P.A. Established in 1929
ATTORNEYS AT LAW
�/1 V �� �. f1G1�lQ/"'���
A�SQ�rATE �4TT4RN�Y
�
AREAS OF PRACTfCE Criminal Law �� ;
Municipal and Governmental Law
Civil Litigation
Appellate Practice
POSITION LeVander, Gillen & Miller, P.A.
Associate Attorney (2004-Present)
EDIiCATtON University of Minnesota Law School
Juris Doctorate (J.D.), 2000
Honors: Cum Laude
Denison University, Granville, Ohio
Bachelor of Arts (B.A.), 1996
Honors: Cum Laude
Major: English
BAR A�MISSIQNS Minnesota Supreme Court, 2000
PFtlOR EXP�RIENCE Law Clerk to the Honorable Robert Varco
Tenth Judicial District Court,Minnesota
Assistant Pine County Attorney, Pine City,Minnesota
(2001-2004)
Felony, Gross Misdemeanor,Misdemeanor,
Traffic,and Juvenile Prosecufion;Child Protection;
Civil Commitment, and Child Support Enforcement.
BAR AS�QCIATIOI�! Minnesota State Bar Association (2000-Present)
M EM BERSH 1 P Dakota County Bar Association (2004-Present)
First Judicial District Bar Association (2004-Present)
Minnesota Couniy Attorney Association (2001-2004)
NOTABLE EXPERIEt�IGE As a former assistant county aftorney,David has tried countless
felony,gross misdemeanor, and misdemeanor cases before both judge
and jury. David's frial eaperience is effectively parlayed into his civil
practice, making him a key member of the Firm's litigation team.
Fi33 SOUTH CONCORD STREET� $UITE 4�� • $OUTH $AINT PAUL� MINNESOTA 5S0l5
TEt,65i-451-1831 • Fax 651-450-7�84 •TOLL FFF,E SSS-45I-IS31
EA�[AIL: DKGNPALL�Lf.�'ANDER.COM
...
� LEVANDER,
GI LLEN &
MILLER, P.A. Estabiished in 1929
ATTORNEYS AT LAW
[�AViD C�T�.a
AT°TQFtN�Y
�
AF�EAS C�F E'RACT IC� Criminal Law
Municipal and Governmental Law ��
Real Estate
Employment Law
Commercial Transactions y
Probate and Estate Planning
�CJS iT ICJN LeVander, Gillen & Miller, P.A.
Associate Attorney (2008-Present)
�DUCl�7lQtv University of Minnesota Law School
Juris Doctorate (J.D), 2006
Honors: Cum Laude
Dean's List
Acfivities: Asylum I.aw Project
University of Chicago
Bachelor of Arts (B.A.), Z000
Honors: General Honors
Dean's List
Major: History
F3A4� A DM 1 SSIC�N S Minnesota.Supreme Court, 2006
RR.II�R E�t.P�F'�tIEN�� Law Clerk to the Honorable Tammi A. Fredrickson
Tenth Judicial District Court,Minnesota (2006-2008)
Law Clerk, Hennepin County Public Defender's Office (2004-2006)
Judicial Extern to the Honorable David R Minge
Minnesota Court of Appeals (2006)
B�1R ASaC)CIATiC'rN Minnesota State Bar Association (2006-Present)
tvl�M��R 5 F��P Dakota County Bar Association (2008-Present)
F'Rc,� �Q€JC� AND Loaves and Fishes
l�4Lltt�7�E� �,�TtVI�"1��
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LEVANDER, �U�I���S �RC�A,N[I:�.ATI0�15 �.NU
G I LLEN &
MILLER, P.A. �OMM�RCIAL TRA�'�I�AC`T`IONS
ATTORNEYS AT LAW
` � Tith over 75 years of practice in business organization and commercial transactions, the
1`,/�/ attorneys at LeVander, Gillen & Miller, P.A. have the breadth and depth of experience to
Y �� handle even the most sophisticated matters facing our business clients. Whether it be business
start-up issues, ongoing acquisition and transactional matfers, or impending termination of a business
entity, the Firm's Business Organization and Commercial Transactions Practice Group is prepared and
committed to handling all of your corporate matters from beginning to end.
The members of the Business Organizations and Commercial Transactions Practice Group are
regularly engaged in the following types of matters:
Selec[ion of Basintss Enti.ty �• Choosing the form of the organization is one of the fundamental
decisions a new business owner faces. Our attorneys will explain the advantages and
disadvantages of all types of business entities and will assist you in selecfing the entity most
suitable for your needs, including but not limited to: Sole Proprietorships, General Partnerships,
Corporations, Limited Liability Companies, Limited Liability Partnerships, Non-Profit
Corporafions, Assumed Names, S-Corps, C-Corps, and other entities.
The Operafi�ig I3usi*�.ess � Once the organization is up-and-running, our attorneys provide
counsel on issues raised in the day-to-day operations of your business, such as: employee
matters, compliance issues, contract analysis, lease negotiation and drafting, real estate
transactions, sales and acquisitions, letters of intent, non-competition agreements, license
agreements, sales or distributorship agreements, manufacturing agreements, buy-sell
agreements, and financial transactions, including letters of credit and bank loan
document analysis.
Sa�.e and. Purchase �� If you are buying or selling a business or its assets, we ensure that your
commercial transaction is properly structured and closed. Our experienced commercial attorneys
draft all the necessary contracts and agreements to protect your interests. In addition, we help you
to structure your commercial transaction to maximize your gain and minimize the tax
consequences. We ensure that your interest in collateral is protected through proper UCC filings
and the creation of security interests. As part of our detailed closing process, we thoroughly
document actions in the corporate record books and provide the parties with an accurate transcript
of the closing.
Succession Plan;iin,� --� Preparing for the transition to the next generation of management and
� ownership is critical to the long-term success of a business. The careful planning and
'� implementation of the transfer of ownership and control of a business can mean the difference
�Y between ongoing success and impending failure. The Firm has represented generafions of
°� owners in the successful planning of these types of transitions, and we look forward to
assisting you in ensuring the future success of your business.
,g Conuteercial Liti�atioa� •-- Although it is our goal to avoid unnecessary litigation, occasionally the
� need to go to courf arises. In such cases, you can trust that our experienced and aggressive
� commercial litigafion attorneys possess the skills necessary to win your case. Our Litigation Team
� works vigorously to successfully represent your interest through trial and, if necessary, through
�� appeal. In addition to helping you win your case, our Litigation Team will work with you to make
�' informed business and personal decisions associated with the litigation, so that the outcome of fhe
� case best suits your specific needs and/or the needs of your business.
a�
Whatever the nature of the transaction, the attorneys in the Business Organizations and Commercial
Transactions Practice Group have the experience, skill, sophistication, and resources to successfully
� represent your business and business interests. We enjoy helping our clients create new opportunities, and
°° we bring the necessary commitment and vision to the task. At LeVander, Gillen &Miller, P.A.,our business
` is helping your business succeed.
,�
�:
� AGC>RESSIVE - DEPE�\RL?Af3iE • 7 R"JSTED � EXPERIEIVCED • f<NOV✓LEDC•E.�1Ei_E • STRRTEGIi. � THOROtJGH
`ei
�` �✓.�CGRc�US • PO'.NERFL�� • C�EL�BI E + ARTlCULATE • r'-'EPSUASIVE • SUCC�SSFf�+L • IN�%'ENT!\/E • SKILL.t='U=
LEVANDER, �
GILLEN & ���IL., L�TTCATION
MILLER, P.A.
ATTORNEYS AT LAW
he attorneys at LeVander, Gillen & Miller, P.A. strive to minimize our clients' litigation risk and exposure through
regular communication,lalowledgeable advice,and preventative counsel.But when litigation is inevitable,the team of
seasoned trial attorneys comprising the Firm's Litigation Practice Group are here to vigorously represent your interests
and obtain results favorable to your specific needs.
Litigation,as the final step in the dispute resolution process,completes the full range of legal services thaf LeVander,Gillen
&Miller, P.A. provides to our individual,business,and municipal clients. By combining the skills of our experienced trial
attorneys with the specialized knowledge of the attorneys from our other practice areas,we are able to provide a full and
balanced team of lawyers to address all aspects of your dispute. This "team approach"to litigation optimizes the breadth
of our experience and expertise.
Our Litigation Team works closely with you fo provide sound legal advice and counsel throughout the litigation process.
Before entering into any litigation, our attorneys exhaust all avenues of resolution and carefully analyze all aspects of the
case,including cost. As experienced trial attorneys,our Litigation Team knows the costs of litigation. Therefore,we endeav-
or to find creative,cost-effective solutions to disputes through skilled negotiation,mediation,arbitration,and other alterna-
tive dispute resolution methods when appropriate.
However, there are occasions when litigation cannot be avoided. In such cases, you can trust our Litigation Team to
vigorously and successfully represent your interests through trial and, if necessary, through appeal. We know the
importance of zealous advocacy,ag,gressive strategy,and thorough preparation.
Our litigation attorneys receive on-going professional training and education,as well as make frequent appearances before
juries,judges,quasi-judicial commissions,and administrative agencies. As veterans of the courtroom,the Litigation Team
has established a solid reputation among clients, attorneys,and judges alike for aggressive and effective representation.
We understand that litigation involves more than legal issues. In addition to helping you win your case,our attorneys help
you to make informed business and personal decisions associated with the litigation,so that the outcome of the case best
suits your specific needs.
Our Litigation Team has successfully prosecuted or defended our clients'interests in a myriad of disputes,including,but not
limited to:
Ernployinenf and L.abor Litiaation � Employment Discrimination; Sexual Harassment; Employment Contracts;
Non-Competition Agreements; Tortious Interference; Unfair Competition; Wrongful Termination; and
Trade Secret Misappropriation.
Comznez�cial ar�cd I�usiness Litigation � Shareholder and Partnership Disputes;Minority Shareholder Prejudice;
Breach of Contract; Tortious Interference with Contract and/or Economic Advantage; Conversion; Fraudulent
Misrepresentarion;Payment for Goods and/or Services; Replevin; Business Dissolution Disputes;and Collection on
Accounts and Debts.
Real Estate lLitig�.tion � Mechanic's Liens; Mortgage Foreclosures; Commercial Lease Agreements;
Residential Lease Agreements; Landlord-Tenant Disputes; Property Damage; Eminenf Domain/Condemnation;
Easements and Boundary Disputes; Real Estate Development; Real Estate Acquisitions and Transactions; Titie
Insurance Claims; Lien Priority Issues; Zoning and Land Use; Governmental Permits; Assessment
� Appeals;Relocation Claims;Unlawful Detainers;and Breach of Real Estate Covenants and Restrictions.
� Whatever your specific needs,you can count on the Litigation Team at LeVander,Gillen&Miller,P.A.to work hard to obfain
the best result for you.
/aGGRES51�1E •' DEPENDABLE' • TRUSTED • E,`<PERIENCEU • KIVOINLEDGE-1t3LE • S7'RAT�GlC • THOR�i1G}-1
LIGOROUS 8 FOIAiE:RFUL • CREDIBLE • ARTICU��Tt � PFRSU.�ISIVE • SUCCESS�UL • iNVENTlVE • S.�fLLFL.'�
.��
LEVANDER,
GILLEN & ��INEI`I'T DOIViA�I�I
MILLER, P.A.
ATTORNEYSATLAW
he power of government to "take" private property for a public purpose is known as the power of eminent
domain. The government's right of eminent domain is limifed by state and federal constitutions, both of
which require due process of law What is commonly referred to as"condemnation" is the procedure used to
determine whether or not there exists a valid public purpose for a governmental talar►g and the amount of just
compensation to be paid to the landowner as guaranteed by the state and federal constitutions. Since 1929, fhe
law firm of LeVander, Gillen & Miller, P.A. has vigorously represented landowners, as well as government
entities,in the condemnation process.
Evaluataon � The essence of a condemnation case involves an in-depth evaluation of both the fair
market value of the properry taken based upon the principle of highest and best use,as well as issues of
severance and consequential remainder damages in partial takings. Our Eminent Domain Practice
Group has extensive experience, resources, and experts available to provide you with a realistic and
comprehensive evaluation of your case.
Procedixre �The condemnation process is very different from other types of civil actions. Condemnation
is a technical process dictated by sfatutory requirements and court rules, as well as fundamental state
and federal constitutional protections. By focusing our practice on this specialized area of law, the
attorneys in the Firm's Eminent Domain Practice Group are able to provide you with
lrnowledgeable and e�erienced representation to ensure that you receive the best possible result.
Negotiated Settlements --The first step in resolving a condemnation case is generally the exploration of
negotiated settlement options prior to hearirtg or trial. Our eminent domain attorneys are e�erienced at
crafting creative approaches to resoive cases. This frequently results in outcomes far exceeding our
clients'expectations.
Relocation Assistance �- Individuals and businesses displaced as a result of a taking are often entitled to
relocation assistance bene�ts. Our eminent domain attorneys understand the intricate state and
federal laws and regulations applying to this area of law to ensure that you receive the maximum
relocation assistance available.
Cornlnission Hearings, Jrzry 1'rials d11C� Ar5j7��IS � If a negotiated settlement carulot be
reached in your favor, our eminent domain attorneys are prepared to proceed to a condemnation
hearing, and, if necessary, to a trial or appellate court. Thorough preparation, competent expert
' testimony, and aggressive and sldllful advocacy are the elements of a successful case. Our seasoned trial
�:
' attorneys conduct effective hearings and jury trials, as well as provide vigorous appellate advocacy. In
� addition, we invest in state-of-the-art technology, including computer graphics and displays, to ensure
the mosf effective presentation of your case.
�
�
� Over the years,the Firm's eminent domain practice has grown dramatically. At any given time,the Firm has cases
pending in cities and counties throughout the State of Minnesota. The awards and settlements we have obtained
�.
for our individual clients range from several thousand dollars to millions of dollars.
�'
�
Whatever the value of your case, you will receive thorough and responsive representation, candid advice, and
vigorous advocacy at all levels of the process. We have the experience and expertise to provide a formidable
� challenge to an unjust taking or to obtain the award you deserve if your property is taken. Our
� reputation is built upon the results we obtain for our clients. Let us show you why we are among the most
� respected eminent domain attorneys in the state.
AGGI;F_SSlL'� • D�f�EA�DABL.F • 7RUSTED • EXPErIENCED • KNOIiII!_EDGEABLE • S7l;ATFGIC • THO-�rOUGH
I�iGOROUS • F'(7'N'cRFUL • CREDiBLE • P,RTICU'�',7-E • PF_F?SUAS!VE � SUCCESShUL • (PJVENTlVE • S:tiLLFL)L
a
LEVANDER, �
GILLEN & �MP������� �A�
MILLER, P.A.
ATTORNEYS AT LAW
he state and federal laws concerning employment are constantly changing,creating expanded risks and liabilifies for
employers. The Employment Law Practice Group at LeVander,Gillen &Miller,P.A. makes sure that your business or
organization is kept current with the changing laws, and that all of your employment law needs are served in an
organized and cost-effective manner. Whether it be drafting policies related to sexual harassment, internef use, or
discipline; investigafing or responding to employee complaints; reviewing or writing employee manuals; or drafting
non-compete,non-solicitation,confidentiality,employment,and severance agreements,our experienced and knowledgeable
employment attorneys help you navigate through the complex and shifting employment environment to ensure that your
business or organization is compliant with all state and federal laws.
We work closely with our clients to answer the everyday questions facing employers, such as "Is it okay fo do this?" and
"What are the potential consequences of this decision?" Our attorneys advise you on the course of action to take, as well
as the risks associated with that course of action. With proper employment policies and advice, you can prevent
unwarranted claims, meet the requirements of the law, and avoid the common pitfalls associated with hiring, discipline,
and termination.
Although prevention is our primary goal,there are situations in which litigation cannot be avoided. In those cases,our team
of experienced trial attorneys provides you with aggressive and effective litigation representation and dispute resolution.
The attorneys of the Employment Law Practice Group are available to assist your organization with all aspects of the
employment relationship, including but not limited to:
Definit�a tl�e Eniploy�nent Rel�tionship � Defining the nature of the employer/employee relationship at the
outset of employment is critical in the prevention of employment issues. Our pre-employment counsel includes
advice on the pitfalls of the hiring process,the creation of effective employment application forms,the crafting of
lawful interview questions, and other helpful hiring techniques to help you identify, attract, and hire quality
employees, as well as avoid costly mistakes. In addition, we draft employment, independent contractor,
non-completion, non-solicitation, and confidentiality agreements that are tailored to the specific needs of
your organization.
Maintai.ning th�. Employme�it Relationship �Once the employment relafionship has been created,it is important
to formally articulate your organization's policies and clearly delineate expectations in a uniform and
consistent manner. Our attorneys work with you to review and/or draft employee manuals that are
failored to your business, while incorporating the provisions required by state and federal law 1'hroughout the
employment relationship, we help you resolve wage and hour issues, advise you in handling difficult employee
discipline issues, investigate employee complaints, and establish procedures and policies compliant with state and
federal law Our attorneys are readily available to provide fast and accurate answers to your questions and
provide sound advice as soon as a situation arises.
Ending tlie Employment Kelaiionship �Should it become necessary to terminate fhe employment relationship,our
attorneys assist you in carefully handling employee discipline and termination issues, including the proper
� documentation of disciplinary action and the drafting of severance agreements and releases. We also work with
you to enforce non-competition, non-solicitation, and confidentiality agreements against former employees, and we
will vigorously defend you against claims brought under Title VII,the Minnesota Human Rights Act,the Americans
with Disabilities Act, the Age Discrimination in Employment Act, the Family and Medical Leave Act, and any other
state or federal ernployment law
�
As experienced employment law af�orneys, we know the importance of preventative counsel, policy and procedure
� implementation, employer education, solid contract drafting, and skilled conflict resolution. The attorneys at LeVander,
�
� Gillen&Miller,P.A.do more than solve employment problems for our employer clients-we work with you to prevent them.
�
,4GGRESSIVc ' DEPEN�ABLE • TRUSTED • EXPERItNCED • t<tvOINLEDGEABL.E" • STRATEGIC • TF-lORi�C.�Gi-9
1%.`GORC-US • �`'t7YVERFUL • CREDIBLE • ART?CULATE • F'ERSLlASiI/E • SiJCCESS�UL � !NVENT�VE • S!�f�.i:'L1,�
��
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LEVANDER, ���..A'7"�� P L A�t N 1 l'�I C A I�I D P R O B A T�
GILLEN &
MILLER, P.A.
ATTORNEYS AT LAW
�tatistics show that many people have not adequately planned for what will happen to their property and
hard-earned savings when they die or are rendered incapacitated due to illness or tragedy. The attorneys in the Fstate
Planning and Probate Practice Group at LeVander,Gillen&Miller,P.A. make sure that your wishes are carried out and that
the process is handled in a dignified,organized,and cost-effective manner. We work closely with you,your financial advisors,and
accountants to ensure that your estate plan achieves your goals. With proper estate planning, you can protect your privacy,
provide for management of your property and assets,avoid costly probate proceedings, control the distribution of property, and
minimize taxation. The following is a sampling of the types of tools and services we can provide to assist you in creating an estate
plan that best suits your needs:
Wit�s - Wills provide a simple and cost-effective way to determine how your estate will be distributed. For clients with
children,wills provide an effective means to determine who will serve as a guardian for the children in the event of the
parents'death.
'Trust Wills �Wills containing trusts are a powerful estate planning tool. Our"credit shelter"trusts help to minimize state
and federal estate taxes and provide for continued asset management. Trust wills can also provide for fhe support and
education of minor children, the medical needs of disabled family members, and asset management and protecfion for
the surviving spouse.
ltevacable Livixtg Trusts - Living trusts are an excellent means to maintain family privacy, avoid the costs of probate
proceedings,and provide for ongoing asset management in the event of disability. Like our trust wills,living trusts can
often signi�cantly minimize state and federal estate t�es.
Cliariiable Trusts - Often our clients benefit from the donation of assets. In appropriate cases, charitable trusts
provide estate plannir4g benefits by establishing additional cash flow, while providing a much-appreciated contribution
to a designated charity. Let us show you how leaving a legacy can have financial benefits for your estate, as well as for
your favorite charitable organization.
Persona.l Kesidence Trusts - Clients who own a home or vacation home that they wish to pass on to their children or
grandchildren may benefit by creating a personal residence frust. Personal residence trusts allow you to "freeze" the
value of a residence and prevent the appreciafion of the property from being subject to estate tax.
Succession Planning for the Closely He1d and Family Business-Unfortunately,many family-owned businesses do not
survive succession to the next generation upon the death of the business owner. This is often due to lack of proper
succession planning. Our estate planning and corporate aftorneys work together with you to prepare and execute an
effective succession plan and minimize taxation.
Estate Plat�ning for tlze L�arger Estate-Larger estates require special estate planning services. ILTI"s,FLP's,FLLC's,GRTTS,
GRATS,GRi]TS,SKINS,and gifting programs are just some of the techniques available to reduce estate taxes and transfer
assets.
Yla.itning fox•Incapacity or Disability -Estate pianning is more than planning for death-it includes planning for any
unfortunate event that could leave you unable to manage your own property or assets. Don't let a tragedy or illness find
you unprepared. Our attorneys draft health care directives, "living wills," and finaneial powers of
attorney to ensure thaf your wishes are carried out and your affairs are properly managed should you become
incapacitated or disabled.
Prc�M�ate Sei�vices - In addition to estate planning services,our attorneys provide effective probate representation. Our
probate lawyers are experienced with probate proceedings and use the most advanced technology to manage the estate
throughout the probate process. From the initial court appearance to the final accounting,we make the probate process
as pleasant as possible. In addirion,we maintain relations with several independent accounting firms that are available
� to provide tax advice and prepare ta�c returns for the estate.
� Effective estate planning involves more than signing a simple will. Our attorneys work with you and your family to create an estate
��' plan that best suits all of your needs and wishes. Let us show you how estate planning tools can help you prepare for the future,
provide for your loved ones,and minimize the impact of taz�es.
AGGRESSll/F_ • DEPEND,�IBLE � Tf7f15�ED • EXPERIENCED • h�NOWLEDGEABLE • STRATEGIC � THOROUGN
1/tGQROi.�S • FOIh'ERFUL '� CREDil3LE • :nRTICULATE • PERS.'.If1Sl1lE • SUCi.ESSFUL • 1lVVEfVT1\/E + SJi1LLFU1.
LEVANDER, GQ�'�F�I�M�I�I�'".1�I.., �11`ID N�UNICIi�AL L�,A�Y
GILLEN &
MILLER, P.A.
ATTORNEYS AT LAW
eVander,Gillen &Miller,P.A. is proud of its long history,rich with political involvement and community service. Our
commitmenf to the clients and communities we serve is not only a fundamental Firm value,it is the foundation of the
irm's long-term success. From small communities such as Sunfish Lake and Buffalo Lake,to the first-ring suburbs of
South St. Paul and West St.Paul,and the growing communities of Inver Grove Heights and Mahtomedi,the Firm serves its
municipal clients with expertise and pride. In addition, the Firm's municipal attorneys share the knowledge acquired
through their work as city attorneys with our individual and business clients when they need assistance in maneuvering
through the offen complex administrative processes of governmental agencies, political subdivisions, and local
decision-making bodies.
n4u�aiclpalities and Governmenfal Ex�tities ��- LeVander, Gillen & Miller, P.A. has served as the City
Attorneys for the cities of South St. Paul (since 1957); Inver Grove Heights (since fhe 1970s); Sunfish Lake
(since 1988); West St. Paul (since 1995); Buffalo Lake (since 1996); and Mahtomedi (since 2000). Each of the
communities the Firm represents brings its own set of unique issues and challenges. These matters are handled
on a daily basis by the attorneys in the Firm's Municipal and Governmental Law Practice Group. Accordingly,our
municipal attorneys stay abreasf of the latest changes in law and approaches fo management of a city government.
In addition, by working with a number of municipalities, we are abie to share the collective knowledge and
experience attained with each municipal client.
The types of matters handled on a regular basis by the atEorneys in our Municipal and Governmental Law Practice
Group include,but are not limited to:open meeting laws,Minnesota Government Data Practices Act questions,zoning,
eminent domain, public contracting, bonding, environmental issues, real estate acquisitions, city charters,
election laws, tax increment financing, ordinance drafting, land use matters, special assessments, licensing,
employment and labor issues, code violations, capital improvement projects,joint powers agreements, economic
development authorities,forfeitures,and city planning matters.
Due to our depth and understanding of governmental law,the Firm frequently serves as special counsel for other
municipalities when conflicts arise or when our specialized experience is desired by other communities.The cities
for which we have served as special counsel include Afton,Apple Valley,Farmington,Hastings,Mendota Heights,
Waseca,and White Bear Lake.
Individual members of the Firm's Municipal and Governmental Law Practice Group are recognized for their
eacpertise by Leading American Attorneys, a publication that selects fewer than six percent of the state's attorneys for
inclusion. In addition, because of fheir knowledge and esteemed reputation, many of the Firrn's municipal
attorneys serve as regular lecturers and speakers at state-wide conferences and educational seminars, including the
Newly-Elected Officials Conferences and the Minnesota Association of City Attorneys (MACA) City Attorney
Updates.
Crimir�al Prosecution �As the Ciry Attorneys for South St.Paul,West St.Paul,Inver Grove Heights,and Sunfish
Lake, a number of our attorneys serve as prosecutors in the enforcement of petty, misdemeanor, and gross
misdemeanor offenses. The Firm's Prosecution Department ensures that each criminal matter is handled
professionally, fairly, and in compliance with the law enforcement goals of our municipal clients. We value the
cities we represent, and we work to ensure those cities are safe for the citizens who reside in fhem.
Iztdividual aild Business Clients � The Firm's governmental law practice is not limited to representation
of municipalities. A large part of our practice is dedicated to the representation of private clients
(including individuals, businesses, real estate developers, and contractors) in matters involving
municipalities or governmental agencies. These matters include, but are not limited to: eminent domain
and condemnation, code violations, zoning, permits, assessment appeals, variances, platting and
subdivisions, licensing, special assessments, real estate title issues, boundary disputes, land use, and real
estate development. We find that our private clients benefit from the vast knowledge and experience we obtain by
representing municipalities and governmental agencies.
When faced with the daunting task of negotiating through a government approval process or appearing before a
governmental body, you need experienced counsel on your side to work through the process effectively and
successfully. Because we represent numerous municipalities and appear before local governments on a routine
basis, we know how fo get your matter accomplished through even the most complicated political process. We
undersfand how to communicate and work with city staff, planners, engineers, planning commissions, and city
councils to get you the results you desire.
Let the experience and e�ertise of LeVander, Gillen & Miller, P.A. work for you. If you are selecting an attorney to
represent your ciry or are looking for an attorney to represent you in a matter pending before a governmental body, we
have the knowledge and skill you need on your side.
,4GGRESSII/E • DvPENr�ABLE' o TRUSTED • EXt�rRlEIVCEn � �fd0"JVLEDGE'ABL� • ST�."TEG!C • 7HCRGUGN
1�`tGORO''JS • PC?VV�FZFUL • CREDISL� ' ARTICZILATr • PEI�2SUf1StVE • SUCCESSe�JI_ • Il�,'1lENTIVE • SKfLL(-'UL
' LEVANDER,
GILLEN & F�1�AL, �STA`T� AI�ID LAIVD U��
MILLER, P.A.
ATTORNEYS AT LAW
� Tomeowners,business owners,government officials, and organizations of all ldnds are likely to encounter real estate
�—y law at some point in time. Whether it be a sale or lease of a piece of property, a property tax question, a zoning
1 .�matter,a boundary line dispute,or a title question,the law of real estate will frame and often dictate the transaction.
Since 1929, the experienced real estate attorneys at LeVander, Gillen & Miller, P.A. have skillfully represented clients in
thousands of real estate transactions,and provided solutions to some of the most difficult problems in real estate and land
use law
The Real Estate and Land Use Practice Group at LeVander, Gillen &Miller,P.A. maintains the level of expertise necessary to
meet the wide-ranging needs of our clients. Our seasoned real estate attorneys regularly provide advice and counsel in all
types of real estate transactions,including but not limited to the following:
ITesideni:ial ReaT Fstate � We help take the worry out of buying or selling a home by providing "turn-key"
residential transactional representation on behalf of our clients. Our services are comprehensive and include
document preparation; title analysis; drafting and negotiating of easements, restrictive covenants, and other
matters;and representation at the closing, if needed.
Comanercial Real Estate�We represent business clients in a variery of complex transacfions including the purchase
or sale of commercial property, commercial lease negotiation, financing, title review, environmental issues, zoning,
development,liens and encumbrances,and access and easement issues.
f.and Use Law �• Our attorneys are recognized as leaders in the field of municipal law,real estate,and land use. This
experience provides us with the unique ability to resolve even the most complex zoning, land use, platting, and
subdivision issues. As part of the Firm's governmental practice, our attorneys handle a broad array of land use
issues on a daily basis for our municipal clients. This expertise is shared with our individual and business
clients, who we regularly represent before governmental bodies, including city councils, planning commissions,
economic development authorities,and condemnation commissions.
Real Estate Developxnei�f �Our attorneys represent landowners,developers,and builders in a wide variety of legal
issues including construction, contract disputes, financing, document review, plafting, and sale/purchase
negotiation. We work with you to ensure that your project runs smoothly at a11 phases.
Bounda.i��Disputes and Title Problems �Title and boundary issues can cause sleepless nights for landowners. Our
experienced attorneys confront fhese complex problems through title analysis, draffing of necessary documents,
negotiation, and, if necessary, curative court action to "quief title" or register the property. In order to provide
comprehensive services to our clients, we maintain close working relationships with various surveying and title
companies so that title issues can be quickly resolved.
Mech�tiic"s Liens �The laws pertaining to mechanic's liens are statutorily prescribed and strictly enforced by the
courts. Failure to comply with technical time and form requirements could result in the loss of your right to
obtain a mechanic's lien or to enforce one. Our experienced real estate attorneys work with you to prepare the
necessary forms, implement internal processes for your business, and complete timely service and recording of
documents to ensure that your mechanic's liens are established, preserved, and enforceable. In addition, if you
have been served with a notice of a mechanic's lien or if your property is subject to a mechanic's lien,we can assist
you in resolvirig and/or challenging the encumbrance in an effort to clear title to your property.
Rea1 Estate Litigat.iaii �Although it is our goal to avoid costly litigation,occasionally the need to go to court arises.
Our real estate litigation attorneys are experienced, aggressive, and have the skills to win the case. Our Litigation
Team represents clients in all fypes of real estate matters and in all phases of litigation. You can trusf our Litigarion
� Team to vigorously and successfully represent your interests though trial and,if necessary,through appeal.
LeVander, Gillen & Miller, P.A. offers a wide variefy of services to our real estate clients. For over 75 years, we have
skillfully handled real estate and land use transactions throughout Minnesota,Wisconsin,and beyond. We look forward to
assisting you in your next real estate or land use matter.
AGGRESS'IVE • DFPENDABLE • 1 RUSTED • EXPERI�NCEL� • lilVOVIlLEL7GE,48LE • STRATEGIC � TI fO�OL�Gt-!
t��IG�ROU� • POVt'E!�Ft/L • CREDiBI_E • ARiICi.%LR�Tc � P�i=iSC/,4S'ti/E • SUGCCSSFUL • lA!VEN7-Il/E • SFi1LLFUL
Comnensation
Sco e of Services Fees
1. Prosecution Services
All work related to the provision of $120/hr. for all attorneys. $90/hr. for all
prosecution services, including: court legal assistants.
appearances; legal research;
correspondence with the Washington
County Sheriff's Department; file
preparation and correspondence with
defendants and defense attorneys.
2. Civil Munici al Le al Services
Legal opinions, research, ordinance and $135/hr. for all attorneys. $95/hr. for all
resolution drafting, telephone conference, legal assistants.
personal conferences, correspondence,
agreements, contracts and related
documents and general civil legal
administration; consultation with City
Staff; calling to the attention of the City
Council all matters of law affecting the
City; approve as to form all bonds and
insurance required to be submitted to the
City; criminal prosecution of code
enforcement, property maintenance,
licensing and rental housing code
violations; attend City Council meetings,
commission meetings, and other meetings
as requested.
All City capital improvement projects, $150/hr. for all attorneys. $110/hr. for all
including Minnesota Statutes Chapter 429 legal assistants.
projects. All acquisitions of interests in
lands by direct negotiation and preparation
of real estate transfer documents. All
development projects, redevelopment
projects, development coordination and
financing, purchase agreements, easements, �
leases, general contract negotiation and
drafting, analysis of coordination of
development districting, title research,
eminent domain direct purchase and
relocation activities, and meetings with
developers, regulatory agencies and other
governmental authorities for similar project
matters.
All City civil litigation, mediation, $150/hr. for all attorneys. $110/hr. for all
arbitration for eminent domain legal assistants.
acquisitions, relocation administrative
proceedings, special assessment appeals,
land use, zoning, liquor licensing and other
permit litigation, collection litigation,
performance and payment bond
proceedings and employment litigation.
All Development Paid Services. $200/hr. for all attorneys. $125/hr. for all
"Development Paid Services"means legal assistants.
providing legal representation on behalf of
the City for those matters that are in turn
re-billed by the City to a developer or
applicant for a land use permit or for a
license or for financial assistance.
Development Paid Services include, but are
not limited to, development contract
negotiation and drafting, eminent domain
proceedings for development districts and
public improvement projects for a specific
developer. Development Paid Services
also include litigation in furtherance of a
developer's or applicant's project.
Mileage (To and From City Hall) No Charge
Mileage Reimbursement Applicable IRS approved rate
Westlaw Legal Research Actual Cost
Washington County Online, Property Actual Cost
Record Recorder, Recording, Filing Fees
for which charges are composed
Photocopying; Color copies $.20/page; $.49/page
All time will be billed in minimum increments of one-tenth (0.1)hour.
LeVander, Gillen & Miller, P.A. agrees that this fee structure shall remain in effect for 2012
through 2016.
Any proposed fee adjustment after the initial years of representation will be submitted to the City
Council for its review, and any proposed fee adjustment will be supported by the appropriate
market data.
AGREEMENT FOR LEGAL SERVICES
BETWEEN THE CITY OF SCANDIA AND
LeVANDER, GILLEN & MILLER, P.A.
WHEREAS, the City of Scandia("City"), a public body corporate and politic operating as a Plan
A Statutory City under the laws of the State of Minnesota and located within the County of
Washington, desires to have certain attorney services provided; and
WHEREAS, the City Council of the City of Scandia has selected the law firm of LeVander,
Gillen & Miller, P.A., ("Attorney") to serve as City Attorney and has authorized a contract
between the City and the Attorney;
NOW THEREFORE, IT IS HEREBY AGREED that this document by and between the City and
the Attorney shall be a binding obligation on behalf of all parties named.
I. Term.
This Agreement shall be effective January 1, 2012. It shall be valid through December 31, 2016,
inclusive. It may, however be terminated as provided in Section XIII.
II. Scope of Legal Services.
The following services shall be provided to the City by the Attorney as a matter of right under
the terms of this agreement:
A. Attendance at all regularly-scheduled City Council meetings, and upon request by the
City Council, attendance at all special meetings of the City Council or of any board,
commission, or committee established by the City Council. In addition, the Attorney
shall meet with the City Administrator, Mayor, City Council or other City official or
employee as required.
B. Drafting and reviewing ordinances and resolutions as requested by the City.
Assisting with the codifying of ordinances and maintaining a current City Code or
book of ordinances.
C. Drafting correspondence on behalf of the City as requested.
D. Answering by telephone and e-mail questions of City officials and staff.
E. Meeting with and advising the Mayor, City Council, City Administrator, City Staff,
Planning Commission, and other designated groups or individuals, on general legal
matters.
G. Reviewing municipal contracts, joint powers agreements, and other legal documents
as requested.
H. Representing the City in condemnation and eminent domain proceedings.
I. Representing the City in the acquisition or sale of public property, and the drafting
and assigning of deeds, easements, and other real estate or land-use documents.
J. Researching and submitting legal opinions and interpretations on municipal or other
related legal matters as required, including such topics as PELRA, employment law,
and veterans' preference issues.
K. Briefing the City on proposed or newly adopted statutes, rules or regulations, as well
as any court decisions, agency rulings, or other official rulings or opinions, that could
have an effect on the City or the way it conducts business, and recommending the
appropriate amendments to ordinances, policies or other actions of the City in order to
comply with these changes in law.
L. Defending the City in all litigation, except in those cases where insurance companies
are required to provide defense or where the City chooses to hire specialized legal
talent.
M. Representing the City in Workers' Compensation proceedings.
N. Reviewing bond and insurance requirements required by or for City contracts or
activities.
O. Preparing reports on the status of City litigation and other legal matters, at the request
of the City Administrator.
P. Reviewing documents submitted by bond counsel involving the issuance of debt or
debt-related instruments and providing comments as required.
Q. Assisting the City in the enforcement of City ordinances, including the prosecution of
cases arising out of the City's zoning, housing, and building codes.
R. Meeting with the City Administrator on a regular basis, not less than quarterly, to
review all litigation and other pending legal matters of the City and providing a
written report of such litigation or other legal matters.
S. Provide in-house training to City staff on issues specified by the City Administrator
or her designee.
T. Handling all prosecution-related matters for the City, including but not limited to:
correspondence with the Washington County Sheriff's Department regarding relevant
criminal matters, preparing formal complaints, and appearing in Washington County
District Court for all petty misdemeanor, misdemeanor, and gross misdemeanor
calendars for the City.
2
III. Fees.
The City shall compensate the Attorney subject to the following terms:
A. Except as provided in Paragraphs III(C), and III(D), the hourly rate for the
designated City Attorney and all firm attorneys assisting Scandia on any civil
municipal matter shall be $135 per hour.
B. The hourly rate for all firm attorneys assisting Scandia on any criminal
prosecution matter shall be $120 per hour.
C. More specialized work, including services provided in conjunction with civil
litigation, public improvement projects, and eminent domain shall be billed at the
rate of$150 per hour according to details provided in Exhibit A.
D. Development Paid Services shall be billed at the rate of$200 per hour according
to the details provided in Exhibit A.
E. Compensation for the Attorney's legal assistants shall be billed at the rates and
paid according to the details provided in Exhibit A
F. The minimum increment of time billed for each service, including telephone calls,
legal research, correspondence, email correspondence and personal conferences is
one-tenth (.1) of an hour.
G. Costs for which the firm would be reimbursed include travel (other than to and
from the Scandia), Westlaw charges, Washington County filing and recording
fees, Washington County online property record search fees, and photocopies. Fee
details are described in Exhibit A.
H. The firm shall provide monthly billing invoices. The bills shall identify all
charges by billing number, the time spent on the matter, and a detailed description
of the work performed. The precise format of the billing statement shall be
agreed to by the City and the Attorney.
IV. Responsible Attorney and Staff.
Bridget M. Nason shall be the primary attorney for the City. In Ms. Nason's absence, Korine L.
Land shall assume the duties of primary attorney. Ms. Nason and Ms. Land shall be responsible
for the performance of this agreement, although they may be assisted by other attorneys or
support staff in the firm.
V. Conflicts of Interest.
The Attorney shall not accept any client or project which would knowingly place it in a conflict
of interest with the services to be provided to the City under this agreement. If a conflict of
3
interest should develop, the Attorney shall be responsible for taking the necessary steps to
comport its representation of the City with the Lawyers Code of Professional Responsibility.
The Attorney shall be responsible for any additional costs incurred by the City in obtaining
additional legal representation if such representation becomes necessary due to a conflict of
interest.
VI. Assignment of Services and Agreement.
Attorney shall not assign any interest or obligation of this Agreement without the prior written
consent of the City.
VII. Anti-Discrimination Requirement.
Because the City will not tolerate discriminatory acts, the Attorney shall not discriminate against
any person on the basis of age, sex, religious beliefs, political affiliations, or other protected
classifications under federal, state, or local laws or regulations.
VIII. Work Product.
All ordinances, resolutions, correspondence, and other documents or materials drafted for the
City by the Attorney or by other LeVander, Gillen& Miller, P.A., attorneys on behalf of the City
shall, upon their completion, become the property of the City.
IX. Insurance and Indemnification.
Attorney agrees to maintain a valid policy of Professional Liability Insurance for the duration of
this agreement. Said policy will be valued at $2,000,000 per occurrence and the Attorney will
provide a certificate of insurance showing such coverage.
Attorney further agrees to defend, indemnify, and hold harmless the City, its agents and
employees against all causes of actions against the City or any of its agents or employees that
arise from or as a result of the Attorney's negligent actions, negligent omissions, or negligent
advice under the terms of this Agreement.
X. Employment Status
It is expressly understood that the Attorney is an independent contractor. Any employees
assigned by the Attorney to perform obligations under this agreement shall remain the exclusive
employees of the Attorney for all purposes, including, but not limited to wages, salary, benefits,
and Workers'Compensation.
XI. Performance Review
The City and its Attorney agree that the City may formally review the perfortnance of services
by the Attorney under this agreement on an annual basis. The form and content of such
evaluation shall be determined by the parties.
4
XII. Dispute Resolution
The parties agree to act in good faith to undertake resolution of disputes in an equitable and
timely manner and in accordance with the provisions of this agreement. If disputes can not be
resolved informally by the parties, the following procedures shall be used:
* Mediation. Whenever there is a failure by the parties to resolve a dispute on their own, the
parties shall first attempt to mediate the dispute. The parties shall agree upon a mediator, or if
they can not agree, shall obtain a list of court approved mediators from the Washington County
District Court Administrator and select a mediator by alternatively striking names until one
remains. The City shall strike the first name followed by the Attorney, and shall continue in that
order until one name remains.
* Litigation. If the dispute is not resolved within thirty (30) days after completion of inediation,
the parties may litigate the matter.
XIII. Termination.
The City or Attorney may terminate the terms of this agreement upon sixty-days' written notice
with or without cause. Failure by the City or the Attorney to comply with any of the terms of
this agreement shall be grounds for immediately terminating this agreement, as shall be the
City's dissatisfaction with the Attorney's performance under the agreement. Upon termination
of this agreement, the City shall only be responsible for billings accrued as of the date of
termination.
Further, the City expressly reserves its right to hire independent counsel on matters it determines
require an attorney with more experience or expertise in a particular field. In such a situation,
the City shall remain responsible to the Attorney for billings not related to the matter for which
special counsel was retained. The City shall only be responsible to the Attorney for extra
expenses in relation to the matter for which special counsel is retained if the City names the
Attorney as co-counsel in the matter or otherwise requests the attorney's participation.
XIV. Acceptance.
The terms of this agreement are hereby accepted and made binding upon and between the City of
Scandia and the law firm of LeVander, Gillen & Miller, P.A.
5
CITY OF SCANDIA LeVANDER, GILLEN & MILLER, P.A.
By: By:
Randall Simonson Bridget M. Nason
Mayor Attorney
By: By:
Anne Hurlburt Korine L. Land
City Administrator Shareholder/Attorney
6
Exhibit A
Sco e of Services Fees
1. Prosecution Services
All work related to the provision of $120/hr. for all attorneys. $90/hr. for all
prosecution services, including: court legal assistants.
appearances; legal research;
correspondence with the Washington
County Sheriff's Department; file
preparation and correspondence with
defendants and defense attorneys.
2. Civil Municipal Legal Services
Legal opinions, research, ordinance and $135/hr. for all attorneys. $95/hr. for all
resolution drafting, telephone conference, legal assistants.
personal conferences, correspondence,
agreements, contracts and related
documents and general civil legal
administration; consultation with City
Staff; calling to the attention of the City
Council all matters of law affecting the
City; approve as to form all bonds and
insurance required to be submitted to the
City; criminal prosecution of code
enforcement, property maintenance,
licensing and rental housing code
violations; attend City Council meetings,
commission meetings, and other meetings
as requested.
All City capital improvement projects, $150/hr. for all attorneys. $110/hr. for all
including Minnesota Statutes Chapter 429 legal assistants.
projects. All acquisitions of interests in
lands by direct negotiation and preparation
of real estate transfer documents. All
development proj ects, redevelopment
projects, development coordination and
financing, purchase agreements, easements,
leases, general contract negotiation and
drafting, analysis of coordination of
development districting, title research,
eminent domain direct purchase and
relocation activities, and meetings with
developers, regulatory agencies and other
governmental authorities for similar project
matters.
All City civil litigation, mediation, $150/hr. for all attorneys. $110/hr. for all
arbitration for eminent domain legal assistants.
acquisitions, relocation administrative
proceedings, special assessment appeals,
land use, zoning, liquor licensing and other
permit litigation, collection litigation,
performance and payment bond
proceedings and employment litigation.
All Development Paid Services. $200/hr. for all attorneys. $125/hr. for all
"Development Paid Services"means legal assistants.
providing legal representation on behalf of
the City for those matters that are in turn
re-billed by the City to a developer or
applicant for a land use permit or for a
license or for financial assistance.
Development Paid Services include, but are
not limited to, development contract
negotiation and drafting, eminent domain
proceedings for development districts and
public improvement projects for a specific
developer. Development Paid Services
also include litigation in furtherance of a
developer's or applicant's project.
Mileage (To and From City Hall) No Charge
Mileage Reimbursement Applicable IRS approved rate
Westlaw Legal Research Actual Cost
Washington County Online, Property Actual Cost
Record Recorder, Recording, Filing Fees
for which charges are composed
Photocopying; Color copies $.20/page; $.49/page
All time will be billed in minimum increments of one-tenth(0.1) hour.
LeVander, Gillen & Miller, P.A. agrees that this fee structure shall remain in effect for 2012
through 2016.
Any proposed fee adjustment after the initial years of representation will be submitted to the City
Council for its review, and any proposed fee adjustment will be supported by the appropriate
market data.