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HomeMy WebLinkAbout01-23-2017 Council Work Session PacketCity Council Work Session Monday, January 23, 2017 Council Chambers 5:00 p.m. AGENDA 1. Housekeeping Items for the New Council: a. Direction for Taking Work Session Meeting Minutes b. Food Preferences c. Future Work Session Topics or Requests i. February Draft: 1. Joint Park Commission Work Session for annual check-in 2. Interview Candidates for Two Openings on the Park Commission 3. Park Future Use ?(DW) 2. Text Amendments (30 minutes) a. 15% Structural Coverage b. Special Event Permits c. Small Lots/5-foot Setback 3. Presentation from Sharon Klumpp on Administrator Recruitment — (5:30pm - 30 minutes) 4. Interview Prosecuting Attorney Steve Tallen (6pm — 30 minutes) Annual: • Budget: Part of June, All of July, August and October. • City Administrator & Police Chief Update (3 times per year for 15 minutes) • Joint Planning Commission/Park/Council Meeting for Check-in/direction (11/16) Additional topics: • Met Council Reform (AP) • Variance Training Previous Work Session Topics November 27. 2016 Joint Planning Commission/Council Work Session - City Code of Ordinances Review for 2017 September 26, 2016 • Council/Planning Commission Joint Work Session — Variance Training August 22, 2016 • Long Lake Fire Department Update • 2017 Preliminary Budget • Met Council Reform Discussion • Future Work Session Topics or Requests ITEM 2 - WORK SESSION MEMORANDUM TO: ORONO CITY COUNCIL FROM: JEREMY BARNHART, COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: ORDINANCE AMENDMENTS DATE: JANUARY 23, 2017 In late 2016, the Council prioritized a number of issues and areas where the existing city code required attention and review. Among these, the Mayor had identified several ordinances to be considered early in 2017. When prioritizing issues, the Planning Commission and Council do not prescribe solutions; solutions are generally developed through the Planning Commission and, where applicable, public hearing process. The Planning Commission is expected to discuss ordinance amendments related to the following areas during a workshop on February 1 and in the public hearing on February 21: Non -encroachments (17-3894) Structural Coverage (17-3896) Special Events (17-3897) The Council is asked to confirm the understood objectives for these ordinance amendments: Non -encroachments. In February, 2015, the Council passed an ordinance regulating retaining walls in required yards, including permitting. The height of the wall and the amount of earth being retaining dictates the type of permit. There has been some discussion in the past that additional accessory improvements, i.e. planter boxes, be allowed to be within 5' of the property line. It should be noted that any improvement within an easement is at the risk of the owner. The understood objective of the ordinance is to review the setback requirements of accessory structures, including allowing certain improvements within 5 feet of a property line. Accessory structures may include planting beds, signs, retaining walls, sheds, accessory buildings, patios, etc. Structural Coverage. City Code regulates massing (the visual effect of improvements on a lot) through structural coverage, setbacks, and building height. Structural coverage is based on a percentage (15%) of the lot less that 2 acres in size; lots less than 10,000 sq ft are permitted 1,500 sq ft of structural coverage. Lots over 2 acres do not have a structural limitation. Massing is an important issue in many of the city's neighborhoods, and building setback to setback will have a perceptible impact to neighborhood character. Generally, everything roofed, and everything 6 feet or higher off of the ground is considered structural, for structural calculations. The attached Exhibit A summarizes Lot Coverage regulations in more detail. Of the 47 variances processed in 2016, approximately 10 included a structural coverage relief request. The Code also regulates impervious surface through hardcover limitations. These limitations are also based on a percentage of lot size, up to 2 acres, and are applied based on the proximity to the lakes. The city is divided into 6 Tiers, ranging from 25% to 85% maximum hardcover, included an exempt tier, with no hardcover limitations. The Mayor has suggested that the structural coverage limitation be removed, allowing setbacks and hardcover to regulate massing. If the Council supports this strategy, staff suggests that a maximum percentage be applied to the "exempt" Tier, so that all hardcover regulations can be found in one place, reducing the complexity of the city code for the user. As an alternative to striking structural limitation, the Council could consider changes to the how structural coverage is calculated, the minimum or maximum lot area where structural coverage is applied, or the percentage of appropriate structural coverage. Staff seeks confirmation. Special Events. Regulation of special events is not included in the zoning ordinance, and therefore does not require a public hearing. Staff is proposing a public hearing in part due to the level of interest generated last fall on the subject. Staff understands the objective of an ordinance is to protect neighborhoods from "more than occasional" private events that regardless if the produce income or not, can impact the enjoyment of neighboring residential properties due to noise, traffic, trash, and other impacts. Further, the objective of the ordinance is not to prohibit occasional parties, or to require a lengthy and cumbersome permitting process. Staff seeks confirmation. Item 2a Council Exhibit A LOT COVERAGE CODE EXCERPTS See. 78-1403. Lot coverage and massing standards. In all zoning districts other than the I—Industrial district, all lots that have a gross acreage of less than two acres shall comply with the following massing standards for structures: (a) Maximum total footprints allowed. (1) On lots equal to or greater than 10,000 square feet in area, the total combined footprints of all principal and accessory structures shall not exceed 15 percent of the gross lot area. (2) On lots of less than 10,000 square feet in area, the total combined footprints of all principal and accessory structures shall not exceed 1,500 square feet. (b) Calculation of massing. The following shall be included in the calculation of the total combined footprints by structures: (1) All roofed structures more than six feet above existing ground level. (2) Tennis courts, patios, decks, and all similar open structures when partially or fully enclosed by fences, railings or walls which extend more than six feet above existing ground level (if any portion of such structures extends more than six feet above grade level, the entire structure shall count toward lot coverage). Sec. 78-1685. Massing Standards (Shoreland) (I) Non -industrial zoning districts. Except for parcels zoned industrial, all lots in the storrawater quality overlay district that have a gross acreage of less than two acres shall comply with the following massing standards for structures. a. Maximum total footprints allowed. 1. On lots equal to or greater than 10,000 square feet in area, the total combined footprints of all principal and accessory structures shall not exceed 15 percent of the gross lot area. 2. On lots of less than 10,000 square feet in area, the total combined footprints of all principal and accessory structures shall not exceed 1,500 square feet. b. Calculation of massing. The following shall be included in the calculation of the total combined footprints by structures: 1. All roofed structures more than six feet above existing ground level. 2. Tennis courts, patios, decks, and all similar open structures when partially or fully enclosed by fences, railings or walls which extend more than six feet above existing ground level (if any portion of such structures extends more than six feet above grade level, the entire structure shall count toward lot coverage). Sec. 78-1. Definitions Building footprint means the outline of the total area covered by a building's perimeter at the ground level (to the block/foundation). (1) Carports, covered porches and other similar building features which have no exterior walls shall be included as part of a building footprint by drawing a straight line between the outer edges of all support structures (and the main building if applicable). (2) The outer edge of building protrusions, bay windows or other similar features that extend outward from a building and are less than four feet from the ground shall be considered as part of the building footprint. ITEM 4 - WORK SESSION MEMORANDUM TO: ORONO CITY COUNCIL FROM: JESSICA LOFTUS, CITY ADMINISTRATOR SUBJECT: PROSECUTING ATTORNEY DATE: JANUARY 23, 2017 Last March the City council advertised a prosecuting attorney Request for Proposals (RFP). Four (4) submittals were received and on June 27Th the City Council interviewed four firms: • Carson, Clelland & Schreder • Kenneth Potts, P.A. • Gregerson, Rosow, Johnson & Nilan, Ltd. • Tallen and Baertschi On July 11th the City Council made a motion selecting Kenneth Potts for Prosecuting Attorney Services and approved an Agreement for Legal Services on August 22, 2016. Most recently on January 9`'', Mayor Walsh requested to reconsider the top two firms for prosecuting attorney from last year's RFP by inviting them to another interview with the City Council. Ken Potts is available to interview on February 13`' but was unavailable on January 23' with only 11 days' notice. Steve Tallen will be attending this meeting to interview. The proposals received by both firms in June of last year are attached. The draft of potential interview questions is attached from the previous round. Staff would add the question; "What do you consider to be the ideal transition timeline (given the court calendar)?" KENNETH N. POTTS, P.A. Attorney at Law April 28, 2016 Item 4a - Work Session 5101 Thimsen Avenue Suite 204 MINNETONKA, MINNESOTA 55345 TELEPHONE (952) 474-4240 TELECOPIER (952) 474-0987 pottskatty@aol.com PROSECUTING ATTORNEY RFP FOR ORONO It is my understanding that the work to be performed is prosecutions of any and all gross misdemeanor, misdemeanor and petty misdemeanor cases. This would include the issuance of formal complaints and trying court trials, jury trials and contested probable cause and Rasmussen Hearings. It also would require me to represent the City and Police Department in any and all forfeiture cases. Finally, it would require yearly updates in regard to Iegislation along with conducting any and all training seminars. Furthermore, over 30 years of experience in criminal prosecution the firm is best qualified to perform the engagement. I understand that the proposal is a firm and irrevocable offer. KENNETH N. POTTS, P. , Cenneth N. Potts, PA. . LAW FIRM BACKGROUND The firm has been in business since 1992 primarily engaged in municipal prosecution and other civil litigation. Currently 85% of the firm's work is municipal prosecution and does not engage in representing people charged with a crime. The firm has been prosecuting for the cities of Shorewood, Excelsior and Tonka Bay since 1992 to present. In 1998 it began prosecuting for the cities of Orono, Minnetonka Beach and Long Lake. In 2007 the firm began prosecuting for the cities of Minnetrista and St. Bonifacius. In 2013 the firm began prosecuting for the City of Mound. All of the prosecutions occur at the Ridgedale courthouse. Kenneth N. Potts attends a Continuing Legal Education seminar on a yearly basis put on by the Suburban Hennepin County Prosecutors Association. MUNICIPAL CRIMINAL CHARGES ORONO, MINNETONKA BEACH & MOUND Orono Total DWI Domestic Criminal Traffic Revenue 2014 45 11 233 102 $96,933.00 2015 35 8 239 74 $77,911.00 Minnetonka Beach Total DWI Domestic Criminal Traffic Revenue 2014 4 1 34 36 $6,040.00 2015 3 1 16 36 $6,198.00 Mound Total DWI Domestic Criminal Traffic Revenue 2014 36 19 208 636 $44,382.00 2015 34 18 130 434 $32,905.00 COMMUNICATION WITH POLICE DEPARTMENT LEGISLATIVE UPDATES Kenneth N. Potts would be the person primarily responsible for the management and administration of the contract with the City. The office location is 5101 Thimsen Avenue in the City of Minnetonka. A paralegal is employed primarily to assist in drafting all Complaints and securing court calendars. Kenneth N. Potts updates the police department every year with legislative changes and any cases that may impact on successful prosecution. The firm has phone, voicemail and email system applications and is able to obtain any and all records through MNCIS. Currently the firm is logged on with LOGIS. 2 STAFF QUALIFICATIONS Paralegal Sue Beulke began working for the firm in 1992. She came on with ten years experience and has a total of 34 years in the legal field. There will not be a billing fee for any work performed by a paralegal. Kenneth N. Potts will take full responsibility for any and all prosecutions. There have been no malpractice claims filed against the law firm. KENNETH N. POTTS 1979 Graduated Hamlin Law School 1979-80 Clerked for Judge Mork (Mower & Freeborn County) 1981-83 Associate, William F. Kelly & Associates (Prosecuted for Excelsior & Greenwood, General Civil Litigation) 1983-86 Assistant Carver County Attorney (Prosecuted felonies & misdemeanors) 1986-88 Associate, Katz, Lange & Manka (Prosecuted for St. Louis Park & Excelsior, Personal Injury and Workers' Compensation) 1988-91 Associate Standke, Greene (Personal Injury and Workers' Compensation) 1992 -Present Self -Employed (Prosecuting Attorney for Shorewood, Tonka Bay, Excelsior, Orono, Minnetonka Beach, Mound, Minnetrista, St. Bonifacius, Personal Injury, Serve as Arbitrator for No -Fault Arbitrations, Workers' Compensation) REFERENCES See three attached letters from: Lt. Craig Squires, Minnetrista Police Department Lt. Stephen P. Neururer, South Lake Minnetonka Police Department Chief Correy Farniok, Orono Police Department CONFLICT OF INTEREST The firm has no conflicts with any entity within the City of Orono and has not represented any individuals against the City of Orono The firm does not represent a union that is 3 04-18-16 To Whom It May Concern: Paul Falls J rerror ofPuhlic S*0 This latter represents my rEcor+tmendatia of iy,i. Kenneth Potts or 555E pV$ItIUn UE City attorney. I have worked closely with Mr. Potts since he became Minnetrista's City Prosecutor in 2007. Mr. Potts also handles DWI forfeitures for the City. His work in both capacities is very good. I would describe Mr. Potts as a dynamic prosecutor who is very fair in how he handles cases for both the City and the defendant. I found Mr. Potts to be reliable and knowledgeable when we have questions during investigations. He is very well liked among all staff in the Minnetrista Public Safety Department. Mr. Potts keeps staff well informed of case load progression and in doing so our Officers are properly prepared for court trials. Mr. Potts is honest, has high integrity, hard working and provides good value in his services. In addition, Mr. Potts utilizes technology well. An example of this is his rapid transition to using online ECharging for criminal complaints. I am confident that Mr. Potts would provide excellent legal services to any city, and I would not hesitant in recommending him. With Regards, i Craig, q�s�ir-es Lieutenant Minnetrista Public Safety Department 76.5 7 County Road i 10 West, Mirmetrisia, PAN 55364-9552 -)flicc: 952-445-1137 e Far: 952-446-1623 • E-tblaii: police((-e,,ci.minnetrista.mn.�zs a collective bargaining unit within the City. The firm does not represent individuals as defense attorneys for criminal cases. APPROACH TO SCOPE OF WORK The firm is interested in providing the services in the Core Municipal Prosecution Legal Services Requirements. BILLING SERVICES The firm is proposing a flat fee of $38,000.00 per year. The fees will be paid on a monthly basis. The fees will be paid pursuant to an invoice that does not itemize time. The fees will be for all services described above on Page l including appeals. The City will pay separately for any conflict attorney. FORFEITURE FEES The forfeiture fee will be the statutory percentage of 30%. In no case will the City be responsible for any attorney's fees over and above 30% of the value of the vehicle that is forfeited. Depending upon the facts, the prosecutor's philosophy is to engage in buybacks to limit costs and exposure to the City and the prosecutor's office. See attached I 1 ki"11.7V[41SKI /]�7TM APPLICANT AUTHORITY Kenneth N. Pots has full authority to bind Kenneth N. Potts, P.A. to a contract or Letter of Agreement. in u Proudly Serving Orono, Minnetonka Beach, Spring Park and Mound Dedicated to Fairness, Service, Pride and Quality April 22, 2016 To Whom It May Concern: I am pleased to write this letter of recommendation for Ken Potts. I have worked with Ken at the City of Orono (Police Department) for more than 14 years as the Criminal Prosecutor. Ken is a resourceful and solution -oriented person who actively pursues and successfully prosecutes criminal cases for City of Orono. In closing, I support Ken Potts for the Orono Criminal Prosecutor and I feel confident he would be an asset to our organization. Please do not hesitate to contact me if you should have any further questions. I can be reached at 952.249.4700 or by email at cfarniokOci.orono.mn.us. Sincer ly, Correy Fa niok Police Chief Orono Police Department Mailing Address: 2730 Kelley Parkway • Orono, MN 55356 Police 911 • Administration 952-249-4700 • Non -Emergency 952-258-5321 • Fax 952-476-3028 Website: http://www.ci.orono.mn.us/police SOUTH LAKE MINNETONKA Mike Meehan ' POLICE DEPARTMENT Chief of Police z24150 SMITHTOWN ROAD Office (952) 474-3261 rO � SHOREWOOD, MN 55331-8598 Fax (952-474-4477 3lTN April 27 h, 209 6 To Whom it May Concern: It is my understanding that the Orono City Council is seeking recommendations on continuing their prosecutorial services with Attorney Ken Potts. I offer this letter of reference in support of Attorney Kenneth Potts continuing to provide these services for your city. have been a full-time police officer with the South Lake Minnetonka Police Department since 1986. For almost my entire career, Attorney Potts has been performing prosecutorial services for three of the four cities served by the South Lake Minnetonka Police Department (SLMPD), He also serves as general legal counsel for the SLMPD and has performed admirably in both roles. He offers an exceptional value both in terms of cost and his incredible knowledge of the criminal court system in Hennepin County. l would be hard-pressed to think of anyone better qualified to serve in this capacity. Please give me a call if I can be of any further assistance in this matter. Sincerely, _* -, �- -7 2,&,�� Steve Neururer Lieutenant Serving the South Lake Communities of Excelsior, Greenwood, Shorewood and Tonka Bay Ge MINNESOTA LAWYERS MUTUAL INSURANCE COMPANY DECLARATIONS Policy Number 281179 333 South Seventh Street, Suite 22M Minneapolis, MN 55412 (612) 341-4530 (800) 422-1370 fax(800)305-1510 LAWYERS PROFESSIONAL LTABILXrY POLICY (THIS IS A CLAIMS -MADE POLICY — READ CAREFULLY) .Y) Item 1. Named Insured: Kenneth N. Potts, PA Office Address: 5101 Thimsen Ave Ste 200 Minnetonka, MN 55345 Item 2. Policy Period: 1/2/2016 to 1/212017 (the Effective Date) (the Expiration Date) 12:01 A. M., standard time at the address of the Named Insured stated herein Item 3. Limits of Liability: $500,000.00 Per Claim $1,500,000.00 Aggregate Item 4. Deductible Amount: $5,000.00 Per Claim Item 5. Total Number of Lawyers: 1 Total Premium: $2,490.00 Item 6. Applicable Forms and Endorsements: MLM-019 (11-13) Prior Acts Retroactive Bate, MLM-032 (11-13) Minnesota Changes, MLM-2000 (11-13) Policy Form In witness whereof, Minnesota Lawyers Mutual Insurance Company has caused this policy to be signed by its President and Secretary and countersigned by a duly authorized agent ofthe ConVany. M WME SOTA LAWYERS MUI~UAL INSURANCECOMPANY I -AD Id-7zho'V P"4"- r '/' /" / John J. Bowden, Secretary Kristina 8imuns, Authorized Agent Paul M. Ablan, president MLM-34 (05-94) TALLEN and BAERTSCHI Attorneys at Law 920 Second Avenue South Suite 1540 MINNEAPOLIS, MN 55402-2224 STEVEN M.TALLEN FACSIMILE (612) 349-3995 TELEPHONE (612) 349-3900 April 20, 2016 Ms. Jessica Loftus Orono City Administrator P.O. Box 66 Crystal Bay, MN 55323 Re: Proposal for Prosecution Services Dear Ms. Loftus: PAUL D. BAERTSCHI Thank you for inviting me to submit a proposal to provide prosecution legal services to the City of Orono. Enclosed is my proposal. I also want to address items that I believe will be relevant to the City in determining whether or not you wish to engage our services. Tallen & Baertschi is a small law firm devoted primarily to providing prosecution services to our municipal clients. Both Paul Baertschi and I started as prosecuting attorneys with the LeFevere, Lefler, Kennedy, O'Brien and Drawz firm. I joined the firm in 1985 and Paul joined in 1987. As you may know, the LeFevere firm went out of business in 1989. Most of the municipal lawyers, including Paul and myself, moved to Holmes & Graven, where we continued representing the same group of municipalities. In 1993, Paul and I teamed up to form Tallen & Baertschi. Since that time, we have been actively engaged in contract municipal prosecution for our Hennepin County clients. Our billings can fluctuate from year to year, as most of our clients engage our services on an hourly basis, but our billings for the year 2015 were just under $500,000 for municipal prosecution services. Approximately half of that total was for the City of Maple Grove. That amount constitutes about 85% of our total billings. There have been no ethics complaints against either Paul or myself during the time that we have prosecuted. I was recently sued in federal court as a result of prosecuting a person for operating a Segway while under the influence of alcohol. That lawsuit was dismissed by the United States District Court and that dismissal was affirmed by the 8th Circuit Court of Appeals. There are currently no pending charges or allegations against either Paul or myself for any misconduct. Neither Paul nor myself have any personal or professional relationship with the any city council member, or any member of the community. I do know the Mayor, Ms. McMillan, by virtue of her service as a member of the Board of the Lake Minnetonka Conservation District, which I have represented since 1986. We do not have a personal relationship, but we would recognize each other in a crowd. The request for proposals requires a copy of our certificate of professional liability insurance in a minimum amount of $1,000,000. Given that as prosecuting attorneys, we are essentially immune from suit, we do have professional liability insurance, but it is written with a $300,000 limit. If our proposal is accepted by the City, we will obtain a policy with the required $1,000,000 limits. Our office does a substantial amount of prosecution work for cities in western and northwestern Hennepin County whose cases are heard at the Division 3 (Ridgedale) Courthouse. As a result of the large number of clients we have at Ridgedale, we can offer our services at a very competitive price because of the volume of business we do. We are professional prosecutors who take pride in a job well done. We try to never lose sight of the fact that as prosecutors our job is "to do justice" not just to obtain convictions. In the 30 years that I have been serving the residents of Hennepin County as a prosecuting attorney, I believe I have in large part been able to accomplish the goal of achieving justice. At the same time, we are mindful that the criminal justice system is an expensive operation, and we try whenever possible to pass as much of the cost of doing business onto the defendants as possible. Obviously, this is not our main goal, but we try never to lose sight of the fact the tax payers are paying us to do their business, and, when possible, it is not inappropriate to try to pass some of the cost of doing business onto defendants who can afford to pick up that cost. I look forward to discussing our proposal with you and the selection committee in the future. Sincerely, Steven M. Tallen SMT/mw Enclosures The Law Office of Tallen and Baertschi offers this proposal to provide prosecution services to the City of Orono. Questions concerning this proposal can be directed to Steven Tallen at 612-349-3900. 1. Firm Profile a. Resumes attached. b. Special areas of expertise. Steve Tallen has been a prosecuting attorney since 1985 and serves at the Chief Prosecutor for the Cities of Maple Grove, Medina, Loretto, Deephaven, Woodland and the Lake Minnetonka Conservation District. Steve also serves as the Assistant Prosecutor for the Cities of Robbinsdale, the Hennepin County portion of the City of Rockford and the City of Osseo. Steve also serves as a Conflict Prosecutor for the Cities of Minnetonka and Hopkins, as well as occasionally serving as Conflict Prosecutor for the Cities of Orono, Plymouth, Golden Valley, Roseville, Apple Valley and North St. Paul. Steve served for ten years as a police officer for the City of Golden Valley and believes that that background has assisted in forming a good working relationship with our municipal clients, including the officers, chiefs and the city councils. Steve is known as an aggressive (hopefully fair) prosecutor with well over 100 jury trials, thousands of court trials and very close to 100 appellate cases. Paul Baertschi has over 28 years of prosecution experience, with expertise in all facets of criminal prosecution, criminal law and appellate cases. Paul serves as the Chief Prosecutor for the Cities of Robbinsdale, Osseo and Rockford (the Hennepin County portion) and as Assistant Prosecutor for our other municipal clients. Like Steve, Paul has extensive jury trial, court trial and appellate experience. Paul is the firm's "legal scholar" and is the Editor and Publisher of MINNESOTA POLICE BRIEFS for over 25 years. Minnesota Police Briefs provides concise updates of criminal law cases that directly affect the day-to-day operation of police departments and provides brief, but essential knowledge of recent appellate cases which affect police procedures. Paul also handles most of the forfeiture matters which arise out of arrests for violations that provide for civil forfeiture in criminal cases. c. Criminal appellate experience. Both Mr. Baertschi and Mr. Tallen have handled numerous appeals to the Court of Appeals and (a few) appeals to the Minnesota Supreme Court. d. Accessibility to city personnel including police. Accessibility would be one of our strengths. We are always available by telephone, either landline or cell phone for 24 hour service as needed. In urgent situations we can usually be reached almost immediately. We return calls the same day. Some clients prefer contact and dialog by email and that is also readily available as we are accustomed to regularly checking and responding to email messages. We prefer to have regular meetings with the Chief and supervisory staff, as well as periodic attendance at roll call. We try to schedule at least annual meetings with our city councils to give a periodic update and answer any questions which may arise concerning the prosecution program. e. Primary Prosecutor. Steve Tallen would be the primary prosecutor and agrees to continue in that role during the life of the contract. The Assistant prosecutor would be Paul Baertschi. Our primary back-up prosecutor will be Anthony Bushnell. Anthony has successfully tried several misdemeanor and gross misdemeanor cases for this office in the past several years and has provided back up services in handling arraignment calendars on occasion. See resume attached. Between the three attorneys, we can assure the City that adequate back up personnel would be available to cover all obligations without straining capacity. If all three lawyers are unavailable for a Court matter, we have a network of experienced prosecutors to draw from to handle matters as needed. We will most often use Wynn Curtiss, the Hopkins Prosecutor, or Alina Schwartz, the Plymouth Prosecutor. f. Leal library and research. We maintain a subscription to West Law, which provides all necessary legal research capabilities. All attorneys are proficient in formulating legal searches to identify changing case law to use in the preparation of memoranda on motions to suppress and other legal issues. In addition, we have familiarity with other online data bases for obtaining statutes, ordinances, attorney general opinions, and of course all appellate opinions. We are competent experienced lawyers. g. Support staff. Marijo Witte has 28 years experience as a prosecution paralegal, starting with the LeFevere firm in 1988. Jeanne Tracy, our other paralegal, was employed by Hennepin County District Court for 25 years before agreeing to join our office in 2004. When Ms. Tracy left the courts, she was the "lead worker" at the Ridgedale Courthouse. Having Ms. Tracy as a member of our team makes dealing with court -related issues much easier. Ms. Tracy knows everyone and what they do! Both Ms. Witte and Ms. Tracy understand "the system" and are blessed with excellent people skills. We are constantly being complimented by our police officers and defense attorneys on the friendliness and competency of our staff. They are nice people and they treat others with respect. They are terrific representatives of our client cities. Our staff will prepare a monthly report to the Police Department of the disposition of cases in a format agreeable to the City. h. General description of services. We anticipate that we can provide a full range of prosecution legal services to the City of Orono, including prosecution of all gross misdemeanor, misdemeanor and petty misdemeanor cases, issuance of criminal complaints for statutory and City code violations, drafting complaints, representing the City at court appearances of all types, including appeals, handling expungement and forfeiture proceedings, preparation of reports, regular training, providing advice to the City Manager and other City officials regarding nuisance 4 abatement and other City code violations. In addition to these and other duties described in the Request for Proposals, we will provide a free monthly subscription to Minnesota Police Briefs, a criminal law news summary service prepared by Mr. Baertschi. This service includes an annual legislative update and summaries of all pertinent criminal law cases that affect police and prosecution matters. Our strengths include experience and professionalism in all aspects of prosecution services based on our knowledge, experience and ongoing commitment to providing quality legal work. i. Firm experience in Municipal Legal Services. The firm Tallen and Baertschi has been engaged principally in prosecution services since 1993 when Mr. Baertschi and Mr. Tallen merged their separate practices that had involved prosecution prior to that point. Mr. Baertschi and Mr. Tallen first practiced together in 1987 when they were essentially full time prosecutors at the firm of LeFevere, Lefler, Kennedy, O'Brien and Drawz, the preeminent municipal law firm in Minnesota at that time. That work continued with a successor firm of Holmes & Graven for two years. Thereafter, Mr. Tallen and Mr. Baertschi continued prosecution services independently until they teamed up again in 1993, forming Tallen & Baertschi. After a competitive search process, Tallen & Baertschi was appointed as the prosecution firm for the City of Maple Grove, currently our largest client. Our office also serves as the prosecuting attorneys for the Cities of Robbinsdale, Medina, Loretto, Deephaven, Woodland, the Lake Minnetonka Conservation District, Osseo and the Hennepin County portion of the City of Rockford. Mr. Tallen also serves as conflict and/or back up prosecutor for the Cities of Minnetonka and Hopkins. Mr. Tallen and Mr. Baertschi are both active in the Suburban Hennepin County Prosecutors Association, a group of suburban prosecutors who have organized in an attempt to speak with one voice on issues of common concern to our prosecution clients. Our work with these prosecution clients includes all aspects of the specified scope of work listed in the Request for Proposals. The following persons may be contacted at the various municipalities and agencies concerning specific activities performed. Chief Eric Werner City of Maple Grove 12800 Arbor Lakes Parkway P.O. Box 1180 Maple Grove, MN 55311 (763) 494-6101 Chief Ed Belland Medina Police Dept. 2052 County Road 24 Medina, MN 55340 (763) 473-9209 91 Chief Jim Franzen Robbinsdale Police Department 4101 Hubbard Ave. No. Robbinsdale, MN 55422 (763) 531-1232 Chief Cory Johnson Deephaven Police Department 20225 Cottagewood Road Deephaven, MN 55331 (952) 474-4564 Sheriff Richard Stanek Hennepin County Room 6 Courthouse 350 South Fifth Street Minneapolis, MN 55416 (612) 348-3740 Mona Dohman Commissioner of Public Safety Bremer Tower, Suite 1000 445 Minnesota Street St. Paul, MN 55101 651-201-7174 i Previous services for Orono: None, other than an occasional conflict prosecution case k. Potential conflicts of interest: None 1. Fees for services. We propose a flat rate charge of $2,650.00 per month, plus actual out-of-pocket expenses. The flat rate fees to would cover all consultations, court appearances, court trials, attendance at meetings and police training. These rates will be fixed for a two year period and then would be opened for negotiation of a cost -of -living adjustment. For forfeiture -related litigation, we will either charge an hourly rate of $135 per hour, or if the City prefers, we will take the statutory amount allocated to the prosecuting authority (currently 20 — 30% of proceeds of the sale of forfeited items, depending on the specific statute which authorized the forfeiture). Dated:" By / Steven M. Tallen Tallen and Baertschi 920 Second Avenue South Suite 1540 Minneapolis, MN 55402-2224 (612) 349-3900 E RESUME OF STEVEN MARK TALLEN Professional Experience 1993 — Present Attorney — Tallen & Baertschi, Minneapolis, Minnesota. Prosecuting Attorney for the Cities of Maple Grove, Medina, Loretto, Deephaven, Woodland, The Lake Minnetonka Conservation District, Robbinsdale, Osseo and the Hennepin County portion of Rockford. 1991-1993 Attorney — Carruthers & Tallen, Minneapolis, Minnesota. Prosecuting Attorney for the Cities of Medina, Loretto, The Lake Minnetonka Conservation District, Deephaven and Woodland. 1986-1991 Attorney — LeFevere, Lefler, Kennedy, O'Brien and Drawz, Minneapolis, Minnesota. Head of Municipal Prosecution Department supervising ten part-time prosecutors providing prosecution services to the Cities of Richfield, Brooklyn Center, Robbinsdale, Plymouth, Medina, Loretto, Independence and The Lake Minnetonka Conservation District. 1975-1985 Police Officer for the City of Golden Valley, Minnesota Education 1975 Bachelor of Arts (History Major), University of Minnesota (Minneapolis) 1981 Juris Doctor, William Mitchell College of Law, St. Paul, Minnesota Publications and Presentations Contributing Author to Minnesota DWI Deskbook Presenter Minnesota CLE Criminal Justice Institute Professional Associations Hennepin County Suburban Prosecutors Association Instructor Minnesota State Judicial Training Program Hennepin County Bar Association District Four Ethics Committee RESUME OF PAUL D. BAERTSCHI 920 Second Ave. S., Suite 1540 Minneapolis, MN 55402 (612) 337-5577, Facsimile (612) 349-3995 Cell (763) 245-3870 www.tallenandbaertschi.com EXPERIENCE: 1991 - Present ATTORNEY Paul@tab-law.com TALLEN & BAERTSCHI (1993 to present); BAERTSCHI & ASSOCIATES (1991 to 1993), Minneapolis, MN. Criminal law practice: Chief prosecuting attorney for the cities of Robbinsdale and Rockford. Prosecutor for Maple Grove, Medina, Deephaven, Loretto, Lake Minnetonka Conservation District and Woodland. Criminal defense including trials and appeals. 1987-1991 ATTORNEY HOLMES & GRAVEN, CHARTERED (1989-1991); LeFEVERE, LEFLER, KENNEDY, O'BRIEN & DRAWZ (1987-1989), Minneapolis, Minnesota. Position with Holmes & Graven practicing in the areas of prosecution, municipal law, litigation and criminal defense. 1985- 1987 ASSISTANT COUNTY ATTORNEY ISANTI COUNTY ATTORNEY'S OFFICE, Cambridge, Minnesota. Senior Assistant County Attorney position handling felony, gross misdemeanor and misdemeanor prosecutions. 1984- 1985 ATTORNEY FREDERICK R. KOPPLIN AND ASSOCIATES, Minneapolis, Minnesota. Position with litigation emphasis including family law, business litigation, criminal defense and appeals. 1981 - 1984 ASSISTANT STATE'S ATTORNEY JACKSON COUNTY STATE'S ATTORNEY'S OFFICE, Murphysboro, Illinois. First Assistant State's Attorney in six attorney office handling criminal prosecution including felonies, misdemeanors and juveniles. 1979-1981 ATTORNEY WEST CENTRAL ILLINOIS LEGAL ASSISTANCE, Galesburg, Illinois. Position practicing poverty law and family law litigation. EDUCATION: Southern Illinois University School of Law, J.D. May, 1979. Bradley University, B.A. Administration of Criminal Justice, December, 1975. Trinit. College, attended 1972 - 1973. ACHIEVEMENTS: Founder and first President of Twin Cities Christian Legal Aid in 2000, current board member and volunteer. Over 80 jury trials and approximately 22 appeals. PRESENTATIONS: Field Sobriety Testing - Presentation regarding Chapter of the Minnesota DWI desk book, 2003 Course chair and presenter: "Recent Trends Involving the Law of Arrest, Search and Seizure", November 2005, sponsored by Lorman Educational Services. Criminal Justice Institute Presentation, August 21, 2006. Judicial Trial Skills Training Program, sponsored by University of Minnesota, September 22, 2006. Criminal Law Basic Training Presentation, Criminal Law Section of the Minnesota State Bar Association, November 1, 2006. Recent Developments in Criminal Law, sponsored by Hennepin County Suburban Prosecutors Association, May 4, 2007. PUBLICATIONS: "Resisting Enhancement: Collateral Attacks on Guilty Pleas", Bench and Bar, November 1988. Co-author of chapter on Field Sobriety Testing in the Minnesota DWI Desk book, Minnesota CLE, 2003 and revised chapter, 2007. Creator and editor of "Minnesota Police Briefs", a monthly subscription - based legal newsletter on criminal law. Subscribers include most major police departments including the State Patrol and private attorneys. VOLUNTEER WORK: Member of MSBA, Council member of Criminal Law Section of MSBA, board member of Twin Cities Christian Legal Aid (www.tccla.org), providing legal assistance through volunteer attorneys to individuals unable to afford an attorney. 2 Anthony William Bushnell 920 2nd Avenue S., Suite 1540, Minneapolis, MN 55402 763-458-7652 — awb@bushnelllawfirm.com EXPERIENCE BAR ADMISSIONS: Minnesota (2005); U.S. District Court for the District of Minnesota (May 2007). The Bushnell Law Firm (Mar. 2007 - Present) Minneapolis and Blaine, MN • Managing attorney for solo law practice in criminal defense, litigation, and appellate practice. 90% of practice devoted to criminal law. • Criminal trial experience (lead attorney) at felony level, gross misdemeanors, and misdemeanors. Completed numerous jury trials to verdict and handled hundreds of hours of prosecution for cities, including jury trials and various court trials. Handled numerous appearances on jury trial calendar for city prosecution, including settling cases, motion hearings, Rasmussen hearings, pre- trial discussions, and trial preparation. Handled nearly 100 arraignment and pre-trial calendars in district court for prosecution in addition to trial calendars. • Litigation experience in many contested hearings, including a three and a half day bench trial in home construction case, winning verdict for plaintiffs twice as high as highest settlement offer. • Briefed and argued cases as lead counsel at the Minnesota Court of Appeals, including winning a case that revised the standard practice for notice of order for protection hearings in Ramsey County (selected as a published decision and one of the Court's "significant cases" of 2008). Adjunct Faculty in Criminal Justice (2013 — Present) University of Northwestern -Saint Paul Instructor and curriculum designer for semester -long Minnesota Criminal and Traffic Code course training law enforcement students on the entire criminal code and traffic and DWI code, as well as victim's rights, data privacy, policing procedures, warrantless vehicle stops and searches, drug laws, etc. EDUCATION University of Minnesota Law School Minneapolis, MN J.D., cum laude, 2005 National Moot Court (2003-2004); Judicial Externship (Fall 2003) Misdemeanor Prosecution Clinic (Fall 2004); Domestic Violence Clinic (Spring 2004) Chess Club (Co-founder and Treasurer 2002-2005); Federalist Society Dean's List 2003, 2004, and 2005 Hamline University Saint Paul, MN B.A., 1998 Major/Minor: Legal Assistance/Philosophy. Received Paralegal Certificate. Hamline University Mock Trial Team, Co -president and Captain. Received six Best Attorney Awards. Professional Affiliations: Minnesota State Bar Association; MSBA Civil Litigation Section; MSBA Solo and Small Firm Section; MSBA Criminal Law Section; Hennepin County Bar Association; Anoka County Bar Association; Christian Legal Society. Service in the Profession and Community: MSBA Solo and Small Firm Section Council (Chairman of section council) Planned and presented numerous CLEs on criminal law, evidence, and motion practice. Anthony Witham Bushnell_ MSBA Criminal Law Section Council — council member Christian Legal Society of Minnesota, board member (2007-2014) Christian Legal Society (national), National Board member and Attorney Ministries Committee Mentor for University of St. Thomas School of Law Mentoring Program (2011-2013) Adjunct Instructor for Practice and Professionalism course, University of Minnesota Law School (2009 to 2010 academic year) Honors: Selected to the 2015 Rising Stars List in criminal law by Minnesota Super Lawyers No more than 2.5% of the attorneys in a state are named to the Rising Stars List. Selected to the 2014 Rising Stars List in criminal law by Minnesota Super Lawyers Recognized as a Top 100 Trial Lawyer by The National Trial Lawyers (2014) Graduate of the First Annual Trial School at the Criminal Justice Institute (Minnesota CLE) Eagle Scout, Boy Scouts of America Wesco Insurance Company 5800 Lombardo Center LAWYERS PROFESSIONAL LIABILITY VA Suite 200 POLICY DECLARATIONS Cleveland, OH 44131 RENEWAL CERTIFICATE THIS IS A CLAIMS- MADE AND REPORTED POLICY. PLEASE READ THE POLICY CAREFULLY. Policy Number: WPP1096450 01 1. Named Insured and Address Tallen & Baertschi, Attorneys at Law 920 Second Avenue South Suite 1540 Minneapolis, MN 55402 4. Limit of Liability (Includes Claim Expenses) $ 100,000 Each Claim $ 300,000 Aggregate 5. Deductible 5,000 Per Claim 6. Premium Renewal of Policy Number: WPP1096450 00 2. Policy Period Effective Date: September 25, 2015 Expiration Date: September 25, 2016 12:01 A.M. Standard Time at the address of the Named Insured as stated herein. 3. Producer Name Alta Professional Insurance Services 14141 Farmington Road Livonia, MI 48154 $ 11352 Number of Lawyers: 2 NOTE: This renewal Policy will be effective only if the premium is paid in full and the application is received by the effective date shown in Item 2 above. The renewal will be subject to the provisions of the forms then current, which, if revised during the previous Policy term, will be substituted at the time of renewal. 7. Forms Attached at Issue Schedule of Forms Attached. WIC -LPL -DEC -02 (051154) Page 1 of 1 NAMEDINSURED SCHEDULE OF FORMS ATTACHED Tallen & Baertschi, Attorneys at Law This endorsement, effective 12:01 September 25, 2015 forms a part of Policy WPP1096450 01 A.M. No. Issued by Wesco Insurance Company. FORMS LISTED BELOW ARE INCLUDED IN THIS POLICY WIC -LPL -DEC -02 RENEWAL CERTIFICATE LPL990005 CEOL ENDORSEMENT LPL990014 FIRST DOLLAR DEFENSE ENDORSEMENT LPL990015 GENERAL PURPOSE ENDORSEMENT LPL990020 RETROACTIVE DATE LIMITATION ENDORSEMENT LPL990021 RETROACTIVE DATE LIMITATION ENDORSEMENT INDIVIDUAL PL990049MN MINNESOTA AMENDATORY ENDORSEMENT LPL-POL-02 POLICY NAMEDINSURED This endorsement, effective 12:01 A.M. Issued by Wesco Insurance Company. CLAIM EXPENSES OUTSIDE POLICY LIMITS ENDORSEMENT Tallen & Baertschi, Attorneys at Law September 25, 2015 forms a part of Policy WPP 1096450 01 No. Section III. LIMITS OF LIABILITY AND DEDUCTIBLE is amended to include: Coverage Benefits The following reduces the amount of claim expenses applicable to the Limits of Liability: 1. If the Each Claim Limits of Liability stated in the Declarations is less than $1,000,000, then an amount of claim expenses equal to the "Each Claim" Limits of Liability stated in the Declarations shall not reduce to the Limits of Liability. 2. If the "Each Claim" Limits of Liability stated in the Declarations is $1,000,000 or more, then the first $1,000,000 of claim expenses shall not reduce to the Limits of Liability. NAMEDINSURED This endorsement, effective 12:01 A.M. Issued by Wesco Insurance Company. LPL990005 Page 1 of 1 Ed 0515 FIRST DOLLAR DEFENSE ENDORSEMENT Tallen & Baertschi, Attorneys at Law September 25, 2015 forms a part of Policy WPP1096450 01 No. It is agreed that Section Ili. LIMITS OF LIABILITY AND DEDUCTIBLE, Subsection C. Deductible, is deleted in its entirety and replaced with the following: C. Deductible The deductible amount stated in the Declarations is the total amount of the Insured's liability for each and every claim and applies to the payment of damages. The deductible shall be paid by the Named Insured or, upon the Named Insured's failure to pay, jointly and severally by all Insureds. The Limits of Liability set forth in the Declarations are in addition to and in excess of the deductible. NAMEDINSURED This endorsement, effective 12:01 A.M. Issued by Wesco Insurance Company. LPL990014 Page 1 of 1 Ed0111 GENERAL PURPOSE ENDORSEMENT Tallen & Baertschi, Attorneys at Law September 25, 2015 forms a part of Policy WPP1096450 01 No. SPECIFIED PUBLIC OFFICIALS LEGAL SERVICES COVERAGE It is agreed that solely as respects the Insured specified below while rendering legal services for the entities specified below, Section IV, Exclusion E is deleted in its entirety. Insured Municipality/Governmental body, subdivision or agency This coverage will not apply if such claim arises out of an act or omission by any lawyer assisting an Insured, on a voluntary basis and without compensation, who is uninsured or not covered by a lawyers professional liability policy providing limits of liability of at least $100,000 Each Claim and $300,000 In the Aggregate. All other terms and conditions remain unchanged. NAMEDINSURED This endorsement, effective 12:01 A.M. Issued by Wesco Insurance Company. LPL990015 Page 1 of 1 Ed0111 Item 4b — Work Session Sample Interview Questions for Prosecuting Attorney Please feel free to choose questions from the wide variety of sample questions below. General 1. What is your interpretation of the role of Prosecuting Attorney and why is it valuable? 2. What separates you/your firm from other attorneys/firms and why is your firm the best choice? Orono Needs 1. Please tell me what you know about our City and its legal needs. 2. What do you think will be the 2 most challenging issues from a Prosecuting Attorney perspective for the City of Orono in the next 5 years? 3. What do you think a city of our size should be looking for in a consulting legal firm? 4. Provide your understanding of and experience with litigation in the local Ridgedale Court System. Experience, Approach, Quality Control 1. Describe a typical prosecution case from start to finish. 2. Give us an example of a case that you personally worked on that involved creative problem solving and a willingness to consider alternative approaches to deliver cost effective solutions. 3. Give us an example of a case that your firm oversaw where problems arose during it, and explain how they were addressed. 4. How would you handle a situation when an influential leader in the community calls you to inquire about a case? 5. Does your firm have an internal "Quality Control" capability? Please explain how the City of Orono would be benefitted by such capability. Tell us about a significant mistake you made with a city client, how it was found, how it was corrected, how you ensured it didn't occur again. Item 5b — Work Session Staffing, Service Level, Areas of Expertise What other cities does the lead attorney work with? Can the primary attorney respond to immediate concerns given other work commitments? 2. What is your firm's technology capabilities and do you provide monthly status reports that include case declinations with rationale? 3. What process would be used to replace a team member assigned to Orono if they should leave, retire or be reassigned within your company? Philosophy, Teamwork 1. How do you decide when a conflict of interest exists and how do you handle sending cases out to a conflict attorney? 2. Describe your approach to working with the Police Department administration and describe your expectations when working with officers regarding citations and arrests. Admin., Costs, Billing 1. What is your firm's history of annual increases to multi-year contracts? 2. What contract term is the least required by you? Is a 1 year contract acceptable or a 5 year contract with a flexible cancellation clause? 3. How do you address the inefficiencies of the going through a transition for cases and how long do you anticipate a full transition would take? What do you think will be the associated costs in dollars and city staff time of getting up to speed? Do you have any questions of us or is there anything you would like to add that hasn't already been covered? Item 5b — Work Session Additional Questions to Consider for Jennifer Spalding 1. How could we manage an hourly rate proposal (does not address RFP) given it puts the City into a poor negating position 6 months into a contract? Additional Questions to Consider for Steve Tallen 2. Are you willing to cap expenses at 10% of the contract ($3,200) or simply include it in contract cost? Are you willing to set boundaries of 1-5% around your proposed COLA increases for years 3-5?