04/12/1988 - City Council SpecialSPECIAL CITY COUNTIL MEETING
Eagan, Minnesota
Tuesday
April 12, 1988
6:30 p.m.
I. ROLL CALL
II. LEGAL CONSULTANT INTERVIEWS:
CITY ATTORNEY AND SPECIAL PROJECTS
III. OTHER BUSINESS
IV. ADJOURNMENT
MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS
FROM: CITY ADMINISTRATOR HEDGES
DATE: APRIL 8, 1988
SUBJECT: LEGAL CONSULTANT INTERVIEWS /CITY ATTORNEY AND SPECIAL
PROJECTS
A special City Council meeting is scheduled for Tuesday, April 12
at 6:30 p.m., to interview five (5) law firms for the purpose of
selecting a firm to provide general and special legal advice to
the City Council and various City departments. The meeting was
originally scheduled for 7:00 p.m., however, by starting the
interviews at 6:30 p.m. the last interview will end at 9:00,
allowing the City Council time for discussion and deliberation
and the ability to respect a 10:00 adjournment.
Background
At the February 2, 1988 meeting, authorization was given to
prepare a request for proposal for the consideration of legal
services including city attorney, special legal projects and
prosecution. This memo and special City Council meeting
addresses the city attorney and special projects. The interviews
for prosecution services are scheduled for Wednesday, April 13,
and attached is a separate memo addressing those services. At
the February 2 meeting, the City Administrator was directed to
advertise for engineering, legal and fiscal consulting services.
It was decided that the three (3) services would be staggered,
with engineering being considered first, next legal and third,
fiscal. Enclosed is a copy of a letter, time table and RFP that
was distributed to a number of law firms on February 17. Unlike
the engineering services, the City did advertise in the local
newspapers for legal consulting services.
Review Process
There were eight (8) proposals received for city attorney
(general) and eleven (11) proposals received for special legal
projects. Obviously, some firms submitted proposals that include
providing both services. All proposals were reviewed by the
Director of Finance, Director of Public Works, City Planner and
City Administrator. Reviews were performed on an independent
basis and the results shared at a collective management meeting.
At this meeting, there was a consensus that the following five
(5) firms should be interviewed by the City Council:
Grannis, Grannis, Farrell & Knutson
Hauge, Eide & Keller
McMenomy & Severson
LeFevere, Lefler, Kennedy, O'Brien & Drawz
Maun, Green, Hayes, Johanneson & Brehl
Interview and Selection Consideration
Each law firm has been told they will have one -half hour for the
interview. Their presentation should be limited to no longer
than 12 - 15 minutes. This will allow the remaining 15 minutes
for questions by members of the City Council. A list of sample
questions have been prepared for your reference. Also, an
evaluation form is included for your benefit.
Whether a city is a Plan A or Plan B statutory city, the city
attorney is selected directly by the City Council, unlike all
other personnel and consulting services. A city attorney is
expected to advise the City Council and provide the appropriate
legal counseltation and direction in the best interest of the
City. One very important consideration in the selection of a law
firm is a level of commitment for providing legal service to this
city. As the fastest growth community in the state, there is a
considerable volume of work requiring legal review or legal
involvement. The City staff and City Council must be assured of
a total commitment not only by the firm but by the lead person
who will be the designated city attorney.
Summary
Enclosed for your review is a matrix that summarizes all the
firms that were reviewed by this office and interview team. The
five (5) that you will be interviewing on Tuesday are the first
five in order. When the last interview concludes at 9:00, the
Council may wish to have a discussion regarding the interviews,
however, no decision should be reached until the regular City
Council meeting on April 19. Copies of each of the five
successful firms are attached for your review. If any member of
the City Council would like to discuss why a particular firm was
excluded from the interview process, please feel free to contact
this office anytime prior to the interviews. Also, the City
Council does reserve the right to interview any other firm, if it
so desires on completion of the interviews on Tuesday evening.
qV4y,u;1.
z
City Administratoi
Enclosures
TLH /j eh
Proposal Content
and Format
Oral Interview
Composite 1
1
Personnel
Compatability
Public /Staff
Personal
TOTAL
Cmte
Personal
RANKING
Cmte
• !
!
EVALUATION MATRIX
(Please give each firm a rating of 1 -10 under each category)
GRANNIS
McMENOMY
MAUN
INTERVIEW QUESTIONS FOR LEGAL CONSULTANTS
1. Please tell us why your firm should be considered for the
position of city attorney. Elaborate on you strengths,
practical experience and expertise.
2. Keeping in mind the fact that Eagan has been the fastest
growing city in Minnesota, share with us your philosophy and
expertise concerning zoning and land use issues.
3. How do you perceive your role as legal counsel to the City
Council, City Administrator and our community.
4. Once again keeping in mind the tremendous volume of activity
in the City of Eagan, explain the commitment you, as city
attorney, and your firm can make to the City.
t
# of
attorneys
6
6
3
office
location
South St. Paul
South St. Paul
South St. Paul
Eagan
experience
none
none
none
Lakeville
municipal Chanhassen
experience Rosemount
Lakeville
Burnsville
Farmington
Inver Grove
Heights
per hour
cost
$85 -$90
$90 -$125 $85
perceived
conflict
none
none none
representing Roger Knutson
attorney (s) Elliott Knetsch
Roger Knutson
Elliot Knetsch
David Harmeyer
Elliot Knetsch
Michael Mayer
attorney (s) J.D. 1972
experience J.D. 1985
J.D. 1972
J.D. 1985
J.D. 1982
J.D. 1985
J.D. 1986
- strong proposal
other - strong background
comments as No. Dakota Co.
attorney
-refer to general
comments
-good proposal
-fees somewhat
high
ranking
GRANNIS, GRANNIS, FARRELL & KNUTSON
GENERAL LEGAL
SPECIAL LEGAL
PROSECUTION
# of
attorneys
office
location
Eagan
experience
municipal
experience
per hour
cost
perceived
conflict
representing
attorney (s)
attorney (s)
experience
other
comments
ranking
HAUGE, EIDE & KELLER
GENERAL LEGAL SPECIAL LEGAL
PROSECUTION
4 4
Eagan
15 years
none
$60 -$70
none
Paul Hauge
Dave Keller
Bar 1961
Bar 1980
- extensive Eagan
experience
Eagan
15 years
none
$60 -$70
none
Paul Hauge
Kevin Eide
David Keller
Bar 1961
Bar 1979
Bar 1980
Eagan
7 years
none
none
2
$60 -$70
Kevin Eide
Debra Schmidt
Bar 1979
Bar 1986
- current Eagan
attorney
- extensive
experience
# of
attorneys
5
3
office
location
Apple Valley
Rosemount
Apple Valley
Rosemount
Eagan none
experience
yes
municipal Apple Valley
?xperience ' _
Apple Valley
per hour $80
cost
$70
perceived District 196
conflict possibly
possibly
James Sheldon
representing 1 Michael Dougherty
attorney (s) 1 Kevin Carroll
Michael Molenda
' Michael Sovis
Densie Reuter
attorney (s)
experience
J.D. 1975
J.D. 1981
J.D. 1981
J.D. 1982
J.D. 1975
J.D. 1983
other
comments
-fair amount of
municipal experience
- possible conflict
on assess. appeals
- experienced
- familiar with
County system
ranking
GENERAL LEGAL
MCMENOMY & SEVERSON
SPECIAL LEGAL
PROSECUTION
# of
attorneys
3
12
4
office
location
Minneapolis
Minneapolis
Minneapolis
Eagan
experience
no
bond counsel
land use case
no
municipal
experience
Brooklyn Center
Robbinsdale
Richfield
Crystal
Brooklyn Center
Robbinsdale
Richfield
Crystal
per hour
cost
$80
$75 -$100
$75
perceived
conflict
possibly other
municipalities
possibly other
municipalities
none
representing
attorney (s)
David Kennedy David Kennedy
James Thomsen James Thomsen
Paul Baertschi
Steve Tallen
attorney (s)
experience
L.L.B. 1960 L.L.B. 1960
J.D. 1976 J.D. 1976
J.D. 1979
J.D. 1981
other
comments
- strong proposal -refer to general
- extensive municipal comments
experience
_familiar with Eagan
-location
inadequate
ranking
LEFEVERE, LEFLER, KENNEDY, O'BRIEN & DRAWZ
GENERAL LEGAL
ECIAL LEGAL
# of
attorneys
2
12
3
office
location
Bloomington
and St. Paul
Eagan
experience
none
Cliff Lake
Galleria
none
municipal
experience
yes,
refer to
proposal
(volume
per hour $80 -$100 based)
cost $125 -$160 (normal)
(volume
$80 -$100 based)
$125 -$160 (normal)
(veluvme
$80- $100bdsea)
$125-$1606Norra^ct
perceived
conflict
yes, with yes, with
existing clients existing clients
none
representing
attorney (s)
Larry Guthrie
Garrett Mulrooney
Bruce Odlaug
Charles Bans
Larry Guthrie
Garrett -
Mulrooney
Susan Kelly
Paul Beggs
attorney (s)
experience
J.D. 1978
Bar 1966
Bar 1965
Bar 1971
J.D. 1978
Bar 1966
Bar 1987
J.D. 1987
other
comments
- strong municipal -refer to general
representation comments
- familiarity with
Eagan
-- location
inadequate
-lacks
experience
ranking
J
MAUN, GREEN, HAYES, SIMON, JOHANNESON & BREHL
GENERAL LEGAL
SPECIAL LEGAL
PROSECUTION
# of
attorneys
7
office
location
Bloomington
Eagan
experience
several years
employment law
municipal
experience
?
,
per hour
cost
$75 -$100
perceived
conflict
none
representing
attorney (s)
John Roszak
attorney (s)
experience
J.D. 1969
other
comments
- extensive experience
in employment law
for Eagan
ranking
RATWIR, ROSZAR, MALONEY & BARTEL
GENERAL LEGAL
SPECIAL LEGAL
PROSECUTION
# of
attorneys
V la a1 A-JlN.cau LLVaa
2
ri \ V0 LI 01 1V 1V
10
office
location
Edina
Edina
Eagan
experience
none
none
municipal
experience
Edina
Edina
per hour
cost
$70 -$100
$70 -$100
perceived
conflict
none
none
representing
attorney (s)
James Van Valkenbur
John Bouquet
Marsh Halberg
Dennis Patrick
William Sjoholm
attorney (s)
experience
35 years of
practice
vice president
joined firm 198
11 11 1981
11 II 1982
other
comments
- adequate proposal
, -firm somewhat small
- lacked some
qualities
ranking
THOMSEN, NYBECK, JOHNSON, BOUQUET & VAN VALKENBURG
SPEC LEGAL
# of
attorneys
12
office
location
Minneapolis
Eagan
experience
none
municipal
experience
Spring Park
City of Marine on
St. Croix
per hour
cost
$78
perceived
conflict
none
representing
attorney (s)
Kenneth Larson
Douglas Head
William Hemple
Richard Baker
attorney (s)
experience
J.D. 1975
J.D. U of M
L.L.B. NYU
J.D. 1979
other
comments
- adequate proposal
- relatively young
firm
ranking
HEAD, HEMPLE, SEIFERT & VANDER WEIDE
GENERAL LEGAL
SPECIAL LEGAL
PROSECUTIO
# of
attorneys
4
14
3
office
location
St. Paul
St. Paul
St. Paul
Eagan
experience
_ - - -
none
municipal
experience
Mendota Heights
Lilydale
refer to
proposal
Mendota Heights
Lilydale
per hour
cost
$65 -$80
$65 -$80
$65 -$80
perceived
conflict
was no+ addressed specifically
representing
attorney (s)
Michael O'Brien
Joseph O'Neill
Michael O'Brien
•-
Edward Gale
Michelle
Colton
attorney (s)
experience
J.D. 1975
L.L.B. 1956
J.D. 1975
J.D. 1979
J.D. 1984
other
comments
-lacks municipal
experience
- proposal didn't
address question
directly
-lacks
experience
ranking
O'NEILL, BURKE, O'NEILL, LEONARD AND O'BRIEN, LTD.
GENERAL LEGAL
SPECIAL LEGAL
PROSECUTION
# of
attorneys
200
office
location
Bloomington &
Minneapolis
Eagan
experience
bond counsel
& TIF
municipal
experience
Minnetonka
MWCC
per hour
cost
$65 -$195
perceived
conflict
possibility of
litigation &
real estate
representing
attorney (s)
Steve Rosholt
?
attorney (s)
experience
J.D. 1970
other
comments
- strong proposal
-Eagan bond counsel
for 25 years
ranking
GENERAL LEGAL
FAEGRE & BENSON
SPECIAL LEGAL
PROSECUTION
# of
attorneys
14
3
office
location
Bloomington
Bloomington
Eagan
experience
none
none
municipal
experience
Bloomington
Edina
Municipal
Legislative
Coalition
Washington
and
Ramsey County
per hour
cost
$70 -$85
$70 -$85
perceived
conflict
none
none
representing
attorney (s)
David Kracum
Mark Larson
Timothy Bauer
Rebecca Frederi
James Wicka
attorney (s)
experience
JD 1976
JD 1976
JD 1980
JD 1979
JD 1985
other
comments
I
-- limited city
experience
- conflict of
interest possible
- concerned about
"team" approach
ranking
GENERAL LEGAL
MESSERLI AND KRAMER
SPECIAL LEGAL
PROSECUTION
# of
attorneys
3
96
office
location
Burnsville/
Eagan
Eagan
experience
none
Burnsville/
Eagan Cable
Commission
municipal
?xperience
none
Apple Valley
Blaine,Chaska
per hour
cost
$72 -$170
$72 -$170
perceived
conflict none
none
representing
attorney (s)
Charles Halberg
Thomas Creighton
Kathleen Lamb
Charles Halberg
attorney (s)
experience
refer to proposal
refer to proposal
other
comments
- adequate proposal
-costs somewhat high
refer to general
comments
ranking
GENERAL LEGAL
O'CONNOR & HANNAN
SPECIAL LEGAL
PROSECUTION
# of
attorneys
5
office
location
Richfield
Eagan
experience
none
municipal
experience
none
per hour
cost
refer to
proposal
perceived
conflict
none
representing
attorney (s)
Joel Fisher
Barbara Jones
Douglas McGuire
attorney (s)
experience
J.D. 1973
J.D. 1982
J.D. 1979
other
comments
-no experience
ranking
GENERAL LEGAL
SMITH FISHER
SPECIAL LEGAL
PROSECUTION
# of
attorneys
3
office
location
South St. Paul
Eagan
experience
none
municipal
experience
South St. Paul
various public
agencies
per hour
cost
$85
perceived
conflict
none
representing
attorney (s)
Mr. Beeson
Mr. Crawford
Mr. Kuntz
attorney (s)
experience
J.D. 1977
L.L.B. 1965
J.D. 1975
other
comments
PROPOSAL WAS
SUBMITTED LATE
ranking
LEVANDER, GILLEN, MILLER ANDERSON & KUNTZ
SPECIAL LEGAL
SPECIAL CITY COUNCIL MEETING
Eagan, Minnesota
I. ROLL CALL
Wednesday
April 13, 1988
7:00 p.m.
II. PROSECUTION INTERVIEWS
III. OTHER BUSINESS
IV. ADJOURNMENT
MEMO TO: HONORABLE MAYOR & CITY COUNCILMEMBERS
FROM: CITY ADMINISTRATOR HEDGES
DATE: APRIL 8, 1988
SUBJECT: SPECIAL CITY COUNCIL MEETING TO
INTERVIEW FOR PROSECUTION SERVICES
BACKGROUND
A special City Council meeting is scheduled for Wednesday, April
13, 1988, at 7:00 p.m., to interview three (3) firms for
prosecution services. Since the City Council will have
interviewed the same firms for general and special project
services on Tuesday, April 12, and, therefore, each firm was
advised to keep their presentation to the personnel who will
provide prosecution services and not be redundant by providing
general background on the firm. It is expected that these
interviews will take approximately 20 to 25 minutes. As stated
at the City Council meeting on Wednesday, it is not necessary
that all members of the City Council attend the interview
session, however, it would be appropriate to have a majority
present which constitutes a special meeting.
SCREENING PROCESS
Assisting the City Administrator in the review process was our
Police Management consisting of Chief Berthe and both Captains
Ken Aszmann and Pat Geagan. It is the recommendation of our
Police Management that the City Council restrict the interviews
to Dakota County Law firms realizing that most all of the
prosecution work requires presentations before our Dakota County
judges. A Dakota County law firm is important in that process.
Firms to be interviewed are as follows:
McMenomy & Severson
Grannis, Grannis, Farrell & Knutson
Hauge, Eide & Keller
The City Administrator asked the Chief of Police to prepare a
memo that provides some background information on what are
prosecution services. That memo is attached for your review.
Questions have been prepared and are enclosed for your review.
Please refer to the matrix and proposals that are enclosed
containing information about the prosecuting attorney services.
If any member of the City Council has a question regarding a firm
that was excluded, please feel free to contact this office on
Monday. Again, the City Council reserves the right to interview
one or additional law firms for prosecution services after
Wednesday if you so desire.
City Administrator
police department
JAY M. BERTHE
Chief of Police
PATRICK J. GEAGAN
Administrative Captain
city of cclgctn
KENNETH rations MANN
Operations Captain
3830 Pilot Knob Road
Eagan, Minnesota 55122
Phone: (61 Ap 5�i l 8, 1988
TO: TOM HEDGES, CITY ADMINISTRATOR
FROM: PAT GEAGAN, CAPTAIN
SUBJECT: PROSECUTION
Members of the Eagan Police Department work with the City
Prosecutor in the charging of petty misdemeanors, misdemeanors
and gross misdemeanors. The City Prosecutor is involved in
the prosecution of criminal cases from the time of arrest to
final conviction and has considerable influence on the
sentencing. The prosecutor must make a determination on
whether there is sufficient probability of guilt to justify
subjecting a suspect to trial. The prosecutor must make a
decision as to whether or not the prosecution is in the public
interest, and a choice as to the specific crime to be charged.
The prosecutor must have a close working relationship with the
City Police Officers based on mutual respect. The City
Prosecutor will deal on a regular basis with every sworn
officer within the department.
The successful prosecutor must also be familiar with the
abilities and also the prejudices and idiosyncrasies of the
court system in which they work. City Prosecutors must be
able trial lawyers, as they interact with many specialized
defense attorneys.
It is estimated that the City Prosecutor will prepare
approximately 650 criminal complaints, open 600 active
(contested files) and appear in excess of more than 300 trial
settings. The City Attorney must be available to prepare
approximately 30 gross misdemeanor complaints as
expeditiously as possible, due to the fact defendants are
incarcerated.
The police and the prosecutor have a consistent and mutually
supportive role in working together to protect the health and
welfare of the citizens in our community.
Pat Geagan, Captain
:ATT
THE LONE OAK TREE. . THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY
VAC ELLISON
Mayor
THOMAS EGAN
DAVID K. GUSTAFSON
PAMELA McCREA
THEODORE WACHTER
Council Members
THOMAS HEDGES
City Administrator
EUGENE VAN OVERBEKE
City Clerk
How are you going deal with the additional criminal case load
the City of Eagan will cause on your firm?
What is your philosophy about officer involvement in the plea
bargain process?
How do you notify police officers and witnesses for court
cancellations?
How does your firm intend to charge gross misdemeanors when the
defendant is in custody?
How does your firm suggest we handle the 250 worthless check
cases we receive?
How much lead time can your firm provide the Police Department in
the service of subpoenas within the city?
How much preparation is provided by your firm for the witnesses
prior to the court trial?
Proposal Content
and Format
Oral Interview
Composite
Personnel
Compatability
Public /Staff
Personal
TOTAL
Cmte
Personal
RANKING
Cmte
EVALUATION MATRIX
(Please give each firm a rating of 1 -10 under each category)
CATEGORY
GRANNIS
# of
attorneys
6
6
3
office
location
South St. Paul
South St. Paul
South St. Paul
Eagan none
experience
none
none
Lakeville
municipal Chanhassen
experience Rosemount
Lakeville
Burnsville
Farmington
Inver Grove
Heights
per hour
cost
$85 -$90
$90 -$125 $85
perceived
conflict
none
none none
representing Roger Knutson
attorney (s) Elliott Knetsch
Roger Knutson
Elliot Knetsch
David Harmeyer
Elliot Knetsch
Michael Mayer
l
attorney (s)I J.D. 1972
experience J.D. 1985
J.D. 1972
J.D. 1985
J.D. 1982
J.D. 1985
J.D. 1986
- strong proposal
other - strong background
comments as No. Dakota Co.
attorney
-refer to general
comments
-good proposal
-fees somewhat
high
ranking
t
GRANNIS, GRANNIS, FARRELL & KNUTSON
GENERAL LEGAL
SPEC
# of
attorneys
4
4
2
office
location
Eagan
Eagan
Eagan
Eagan
experience
15 years
15 years
7 years
municipal
experience
none
none
none
per hour
cost
$60 -$70
$60 -$70
$60 -$70
perceived
conflict
none
none
none
representing
attorney (s)
Paul Hauge
Dave Keller
Paul Hauge
Kevin Eide
David Keller
Kevin Eide
Debra Schmidt
attorney (s)
experience
Bar 1961
Bar 1980
Bar 1961
Bar 1979
Bar 1980
Bar 1979
Bar 1986
other
comments
- extensive Eagan
experience
-
- current Eagan
attorney
- extensive
experience
ranking
1
GAL
HAUGE, EIDE & KELLER
SPECIAL LEGAL
PROSECUTION
# of
attorneys
5
3
office
location
Apple Valley
Rosemount
Apple Valley
Rosemount
Eagan none
experience
yes
municipal Apple Valley
?xperience
Apple Valley
per hour $80
cost
$70
perceived District 196
conflict possibly
possibly
James Sheldon
representing Michael Dougherty
attorney (s) Kevin Carroll
Michael Molenda
Michael Sovis
Densie Reuter
attorney (s)
experience
J.D. 1975
J.D. 1981
J.D. 1981
J.D. 1982
J.D. 1975
J.D. 1983
other
comments
-fair amount of
municipal experience
i - possible conflict
on assess. appeals
- experienced
- familiar with
County system
ranking
GENERAL LEGAL
MCMENOMY & SEVERSON
SPECIAL LEGAL
PROSEC