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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 � 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 TF�,G51-451-1831 •f�x 651-450-7384 •TOI.I,FFf,E SSS-45]-]$3] 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�� 633 iot�rzi Co�cor.n S�r�er��, St�rrt:�'OG • Sotrra S,1in*r Ft�ui., Iti[N�r;so��.�.z;�075 '1'EL��1�->>1-7�31 • a•,�x F5:-4,1�=738•� � •roi.�,t�:�:�SSS-�1^al-3S31 }:�\1A1[.: i)i;rl'C}'ti�ULIiVANDER.CI',�I .�...■....rr...� 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,� �� �..�.��� 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.