6.7. SR 03-01-1993
JAMES P. LARKIN
ROIIRT ~. t1CrrMAN
JACK F. DAt.V
~. K Ei'Wlnll UN OGREN
IIR"i.~ H, ~m(PtLL
/I~I.I\M I. MIILLICAN
J........ ~. tm~K.CN
_WARD J. ORI&c:nLL
II N. Flli.W!
D, FULLMER
alllT l, BOYLE
FRANK I. HARVEV
""/111~t. I, MCDILL
C HRI$TOPHEII .I DIETZEN
JOHN A. ,.ATTI.
UNDA H. FISkER
nIGMA8 p, atOL TMAN
"'Killll(\'~. JACKMAN
oI01'N I. OIIIIL
_CN e, twIIRZEW~KI
nl\1MIII J. Fi.YNN
'AMII P. GUINN
TObl> I. rREEMAN
meR K. i1iCK
iU\1MI H, KAliNKI
CE./I~P ~. liCK
JOHN a, ..mOGUIOT
[/lni N"~Nj CIUB/ATO'
THOMA" I. HUMPHltIV. Jrt'.
J()tlN A. ~QTnn'
8E..TR'CI ~_ "OTHWil~iA
LARKIN, HOFFMAN. DALY & LINDGREN, L'rn.
ATTOANI!YS AT LAW
1500 NOAWEst FINANCIAL C;SNTiR
7900 XERXES AVENUE SOUTH
BLOOMINGTON. MINNESOTA "f\4~1-1194
TELEP,",ONE (612) 835-3800
!:AX (612) 898.3333
I'M<L D. I'\.IINKtTT
ALAN L. ItlLOC W
RATllLEEN M. NEWMA"
MICHAlL D. ~CDAIIQN
IRiGGR., I, Kcnn"'D
,,"ny /I. V/IN ,,&'&VI'
DANI'L L, IOWLE9
TODD lit, VI.ATKClVIliIl
TIMOTt;Y J. MoMANUS
TIMO",y 01, KEAi'lE
ALAN M. ANIlER90N
DiNNA i.. ROaA\; K
MICHAEL W. SCHLIY
MICH..... II. RoelnTeoN
USA A. GRAY
GAIlY A. "INNERI
DtlNlNQN K. "'''''.....'"'001
<:lllnICiTOrHER J. HARIltDTllAI.
WILLIAM O. GmFFITt;, JR.
JiliN 01. BTE..INNAC!"
G/lNIS~ W. vCla
M",nK A. RlIRIK
010..... II. HILl.
J/lMiI K. MAR?'N
TNiM,.. J. .'YMC\,lA
MtQ? fAti. J. BMtTH
Fftllu:nr(:1( K. f1AU8ER Iii
MIIRY I. \'0.
,""Any Q. MARTIN
),IWS 5, IF\iMiA
~.AARCV'" ot.Ril$MNI
February 25, 1993
or COVr,O(1.
WE.'J("\1I.1. Fl. N~~,q;ON
JOU~I J (;ITtO
RIC"ARO A. NO.Olve
.....Sn AClMmED IN WISCONSIN
Mayor Hank Duitsman and
Members of the City Council
CITY OF ELK RIVER
720 Dodge Avenue N.W.
Elk River, Minnesota 55330
Re: Larkin, Hoffman, Daly & Lindgren, Ltd. 's program for the delivery
of legal services to the City of Elk River
~ar Mayor Duitsman and Council Members;
I have aSked Pat Klaers to circulate this letter and the accompanying
material with your council packet for Monday night. The purpose of
these materials is to provide the Council with some background on
myself, on Larkin, Hoffman, Daly & Lindgren, Ltd. and on our program
for the delivery of legal services to the City of Elk River. I have
aSked that this be circulated with your packet so that you have the
opportunity to review these materials and come to the meeting with
your questions and comments.
THE CITY ATTORNEY
It has been my privilege to serve as the Elk River City Attorney
for the past year. As the City Attorney, I am responsible for the
delivery of legal services to the City of Elk River. I attend
Council and Planning Commission meetings and handle most of the
day-to-day matters that come UPI such as ordinance interpretation
questions, licensing questions, contract matters, etc. I also
handle all land use, development and environmental matters,
including BDA and HRA work, and all tax increment financing
matters.
e.
I have been working for Elk River since shortly after I joined
Larkin Hoffman in 1978. In the course of this representation I
helped write the first code of ordinances for the consolidated
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LARKIN, HOP'FMAN, DALY & LINDGREN, LTD.
Mayor Hank Duitsman
~ity Council Members
~February 25/ 1993
Page 2
City, including the zoning ordinance; I prosecuted several zoning
ordinance violations, including one which secured the removal of
an unlawful junkyard along East Highway 10; I wrote the Solid
Waste Facilities Ordinance and assisted the Council through the
process of issuing Conditional Use Permits and licenses to NSP,
UPA and the Landfill; I handled the negotiations with NSP and
Anoka County which resulted in the $180,000 annual payment which
NSP makes to the City in lieu of a host feej I wrote the enabling
resolution for the EDA, and the original tax increment financing
plans and advised the City on most tax increment financing
matters; and I handled many of the City's day~to-day legal
affairs, such as contract matters, etc.
.
During the past year I have been responsible for guiding the City
through the legal issues raised by such projects as the new City
Hall; the Westwood and Western area public improvement projects;
several residential subdivisions; the proposed El~ Park Center
Shopping Center; the Gravel Mining Area Environmental Impact
Statement; and several litigation matters (which I reported to the
Council on earlier). This year has been the most rewarding and
satisfying of my 15 years in practice, primarily because of the
opportunity to take full responSibility for all of the legal needs
of a large, diverse client such as Elk River. I have enjoyed the
work and the close working relationship I have developed with the
staff, the Planning Commission and the City Council. I look
forward to this relationship continuing for a long time.
In addition to my experience with the City of Elk River, I have
acted as special counsel to a number of governmental clients on
environmental and development issues, including the MetropOlitan
Council and the cities of Saint Paul, Circle Pines and others.
The balance of my practice (approximately 50%) is spent
representing private clients on land use, development and
environmental issues. I have worked on virtually every kind of
development project, including large and small office projectsj
multiple and single family residential projects; industrial
projects; specialized projects such as cellular telephone antenna
sites; and all sizes and shapes of retail projects, from the Mall
of America to the corner gas station, including several shopping
centers very similar in size and other respects to the proposed
Elk Park Center.
In the course of this representation I have had the opportunity to
watch several metropolitan area cities deal with the same type of
development pressures and growth which have now come to Elk River.
I also personally know, or have even worked for, many of the large
developers who are beginning to discover Elk River, including Orin
. and Scott Erickson. I feel that this experience will be of great
LARKIN, HOFFMAN, DALY & LINDGREN, LTD.
.yor Hank Duitsman
ty Council Members
February 25, 1993
Page 3
benefit to the Council as the City enters a period of intense
development pressure.
In addition to practicing law, I also teach and write in the areas
of municipal, land use and environmental law and attend numerous
local and national seminars on municipal land use and
environmental law issues.
LARKIN. HOFFMAN. DALY & LINDGREN. Ltd.
A growing city like Elk River has the need for legal services in a
number of areas beyond general municipal, land use and
environmental law. The advantage of having a city attorney who is
a member of a full service law firm, such as Larkin, Hoffman, is
that specialized legal services can be provided under the direct
supervision of the city attorney himself. By virtue of my
seniority in the firm, and the firm's committment to serve its
clients, I am able to call on the full range of services provided
by the firm to meet Elk River's legal needs. The team I have
selected and use to serve Elk River is set forth below. All of
these attorneys have substantial experience representing municipal
clients.
.
LITIGATION
General litigation matters for the City of Elk River, including
such things as zoning prosecutions, condemnations, etc., are
handled by the firm's Municipal and Environmental Law Litigation
Group, including Chris Dietzen, Tom Humphrey, Gary Van Cleve, Dan
Voss and Larry Martin. Chris Dietzen is presently the City
Attorney for the City of Long Lake and has represented several
other cities, including St. Cloud, as special counsel. Tom
Humphrey is the former City Attorney for the City of Minnetonka,
and was also with the Anoka County Attorney's Office. Dan Voss is
a young attorney who prosecutes for the City of Long Lake and has
handled several zoning prosecutions for the City of Elk River.
Larry Martin is a new attorney who has 15 years experience as a
right-of-way agent for Hennepin County.
Dan Voss will continue to handle routine litigation matters for
Elk River, under my supervision. Larry Martin will handle most
condemnation matters, also under my supervision. More significant
matters will be assigned to Chris or Tom. All of these attorneys
have worked on Elk River matters in the past and are able to step
into any Elk River litigation matter at a moment's notice. In
most cases I will retain responsibility for negotiations up to the
point of litigation; and in all cases I will directly supervise
.
LARKIN, HOFFMAN, DALY & LINDGREN, LTD.
~yor Hank Duitsman
~ity Council Members
~ebruary 25, 1993
Paae 4
the litigation attorneys and report to the council on the status
of pending litigation.
EMPLOYMENT r..!\.W
Employment law matters are handled by the firm's Employment Law
Department, including Dayle Nolan.Ciliberto, Shannon McCambridge,
Chris Harristhal and Jim Martin. These attorneys constitute the
most highly-regarded collection of. municipal employment law
attorneys in the state. They represent numerous Minnesota
municipalities on employment law matters, and act as defense
counsel for the League of Minnesota C.t ties Insurance Trust.
Shannon McCambridge has extensive experience working for Elk River
and will remain the City's primary employment law lawyer.
REAL ESTATE
.
The day-to.day real estate matters which arise for the City are
handled by Gary Renneke, under my direct supervision. Gary
presently has about a dozen active real estate matters open for
the City, all of which are being handled efficiently and
thoroughly. Gary is backed up by several senior real estate
attorneys, including John Lund~list, Pat Mulligan and Tim
Stoltman.
ADMINISTRATIVE LAW
Should the City of Elk River need to go to the Minnesota
Legislature in the future, Jim EriCkson and Jerry Seck's
administrative law team will be available to manage this effort.
Jim and Jerry will also continue to monitor activities at the
Legislature on behalf of Elk River and will alert the City if
anything of concern comes up. Having these eyes and ears at the
LegiSlature saved the City hundreds of thousand of dOllars several
years ago when NSP tried to exempt the RDF plant from certain real
estat.e taxes.
The lawyers listed above have all worked on Elk River matters in the
past and are non call" to do so in the future. In addition to the
City of Elk River, these attorneys have represented many other
municipalities on a wide variety of municipal legal matters. Enclosed
is a partial list of our public sector clients. Together we have a
depth of experience and expertise in municipal law unequaled in this
state. We also have a broad range of experience levels so that each
legal matter can be handled as cost-efficiently as possible.
~ese are the primary areas where legal services are required, and
~s is the primary team which performs these services. However, the
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LARKIN, HOFFMAN, DALY & LINDGREN,LTD.
Mayor Hank Duitsman
. City Council Members
February 25, 1993
.Page 5
City of Elk River is a client of the entire law firm, and the
resources of the entire firm are available to the City on a moment's
notice. For instance, Mayor Tralle once asked me a tax law question
over lunch. By mid-afternoon I was able to get an answer to the
specific question, with citation to the legal authority, from our tax
department. This level of service is possible because, as a full
service law firm, we have the legal expertise to handle any inquiry
and the dedication to Elk River as a client to do so quickly and
efficiently.
Approximately one year ago I met with the City Council and outlined my
program for providing on-going legal services to the City of Elk
River. This program was approved by the City Council, was implemented
and, I feel, has been very successful. 1992 was a year in whiCh the
City had a greater need for legal services than at any time in its
history. I feel confident in saying that these needs have been meet
in a timely and efficient manner. My goal is to continue providing
Elk River with the highest quality, most cost-efficient legal services
available. This is an on-going effort. We will be continually
looking for new ways to lower costs and improve services for Elk
River.
~ look forward to meeting with the Council on Monday night to answer
any questions and to discuss further how we can continue to improve
our service to the City Council.
Sincerely,
Peter K. Beck. for
LARKIN, ROFFMAN, DALY & LINDGREN. Ltd.
mkb
EnClosure
CC; Patrick D. Klaers, City Administrator
.
PK5:I-!Y1S
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PETER K. BECK
4746 Sheridan Avenue South
Minneapolis, Minnesota 55410
Home: (612) 929-8877
Office: (612) 896-3220
EMPLOYMENT
LARKIN. HOFFMAN. PAL)" & UNDGREN. LTD.
Land Use, Environmental and Municipal Attorney June 1978 to present
SUPREME COURT OF TIlE UNITED STATES
Staff Lawyer, Office of the Clerk January 1976 to June 1978
Research Librarian, Supreme
Court Library September 1974 to January 1976
OPPENHEIMER. WOLFF. FOSTER. SHEPARD & DONNELLY
Summer Law Clerk June-August 1974
EDUCATION.
J.D., with Honors; May 1977 - George Washington University; Washington, D.C.
B.A., with Highest Honors; May 1973 - Hamline University; St. Paul, Minnesota
BAR ADMISSIONS
Commonwealth of Virginia: June, 1977
State of Minnesota: October, 1977
District of Columbia: November, 1977
PROFESSIONAL AND COMMUNITY ORGANIZATIONS AND ACTMTIES
Instructor, Land Use Law, Hamline University
Faculty, Government Training Institute Seminars for City officials
Speaker, miscellaneous seminars on land use, environmental and municipal issues
Author, miscellaneous articles on land use and environmental law
Commissioner, Minneapolis Heritage Preservation Commission
Member of Environmental Law Institute; National Trust for Historic Preservation; Sensible Land Use
Coalition; Builders Association of Minnesota; National Association of Industrial and Office Parks;
Minnesota State Bar Association, Environmental and Natural Resources Law Section, Local
Government Law Section; Hennepin County Bar Association, Environmental Law Committee, Local
Government Law Committee
" .
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PETER K. BECK
4746 Sheridan Avenue South
Minneapolis, Minnesota 55410
Home: (612) 929-8877
Office: (612) 896-3220
EXPERTISE AND EXPERIENCE
Practice solely in the areas of Municipal, Land Use and Environmental law . Expertise includes all areas
of municipal law and all types of proceedings, pennits and approvals affecting the ownership, use and
development of land.
Public Sector experience includes general representation of cities and other governmental units; special
counsel on environmental, municipal liability , tax increment financing, condemnation and other issues to
a number of cities; and special litigation counsel to the Metropolitan Council.
Private Sector experience includes general land use and environmental representation including analysis
and application of local, state and federal land use and environmental laws and regulations; obtaining
local, regional, state and federal land use and environmental approvals; and litigating land use,
environmental and real estate issues.
REPRESENTATIVE MUNICIPAL CLIENTS:
. Elk River Minnesota: City Attorney.
.
Minneapolis Park and Recreation Board: Assistant General Counsel.
City of St. Paul: special counsel on environmental issues regarding Shepard Road reconstruction and
relocation and proposed West Publishing Company facility.
City of Circle Pines: Special Counsel on tax increment financing issues.
REPRESENTATIVE ENVIRONMENTAL CLIENTS AND PROJECTS:
Metropolitan Council: special litigation counsel on 1-35E Environmental Impact Statement litigation.
Trammell Crow Company: preparation of EIS for proposed 1.5 million square foot downtown
Minneapolis office development.
Trammell Crow Company: preparation of Environmental Assessment Worksheet and Development
Action Response Plan for asbestos removal and soils clean up on Montgomery Wards site in the City
of S1. Paul.
Minnesota Timberwolves: preparation of Environmental Assessment Worksheet for NBA Basketball
Arena.
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Soo Line Railroad: preparation of application and supporting documents for categorical exclusion of
proposed inter-modal railroad facility from environmental review.
REPRESENTATIVE LAND USE CUENTS AND PROJECTS:
Boston Health Care: zoning ordinance interpretation, program for mentally retarded adults - City of
S1. Paul.
Budget Rent a Car: zoning ordinance text amendment, rezoning and conditional use pennits for two
facilities - cities of Bloomington and S1. Louis Park.
CPT Corporation: rezonings and site plan approvals for corporate headquarters and manufacturing
facilities - cities of Eden Prairie and Chanhassen.
Holtze Executive Village: rezoning, planned unit development approval and variances for residential
hotel - City of Eden Prairie.
Kurvers Development Company: subdivision and wetland alteration penn its for single family
subdivision - City of Chanhassen.
Kentucky Fried Chicken: zoning ordinance interpretation for Kentucky Fried Chicken restaurant _
City of S1. Paul.
McCaw Communications Company (Cellular One of Minnesota): zoning ordinance text
amendments, rezonings, conditional use pennits, ordinance interpretations and variances for cellular
telephone antenna towers - cities of Minneapolis, St. Paul Minnetonka, St. Louis Park,
Bloomington, Chanhassen, and others.
Mail Handling, Inc.: variance for industrial building - City of Edina.
Minnesota Timberwolves: Metropolitan Significance proceeding, NBA Arena - Metropolitan
Council.
. Northwest Racquet, Swim & Health Clubs: zoning ordinance interpretation for Crosstown Tennis
Club - City of Eden Prairie.
Northland Church Alive: zoning ordinance amendment for church - City of Brooklyn Park.
Public Storage, Inc.: zoning ordinance interpretation and conditional use pennit for mini-storage
facility - City of Bloomington.
Trammell Crow Retail: site plan review and hazardous substances tax increment financing sub-
district for shopping center - City of S1. Paul.
Walker Methodist: conditional use pennits for nursing home and parking lot - City of Minneapolis.
Walser Automotive: conditional use penn its for three automobile dealerships - City of Richfield.
.~
JAMES P. LARKIN
RO IIRT ~. HOF'MAN
JACK P. DA~V
D. KINNETH UNDQRlN
GIRA~D H. FRIIDE~~
~LAN I. MU~UQAN
JAMIS C. IRIC~SON
.EDWARD J. DRISCOLL
GINI N. FULUR
JOHN D. 'ULLMER
ROIfIlT I. &OYLE
FRANK I. HARVIV
CHARLU S. MOOILL
CHRISTO~ER J. DIIT%lN
JOHN ... IIA nil
UNOA H. .....111
THOMAS P. eTO.1MAN
MICHAEL C. JAC~MAN
JOHN t. DlIHL
JON S. SWIIRZIWIKI
THDMAlI J. 'LYNN
JAMII P. QUINN
TODD I. ....MAN
"Till K. '.C~
JlIlOMI H. KAANU
OIRALD L. SlC~
JOHN .. LUNDQUIST
DAYLI NOLAN CIUIIIITo"
THOMAS e. "UMPHREV. JR.
JOHN A. COiTl".
SIATRICE A. AOr'loiWfllER
LARKIN, HOFFMAN, DALY & LINDGREN, LTD.
ATTORNEYS AT LAW
1500 NORWEST FINANCIAL CENTER
7900 XERXES AVENUE SOUTH
BLOOMINGTON. MINNESOTA 55431-1194
TELEPHONE (8121 836-3800
FAX 18121 898.3333
PAUL .. PLUN~ETT
ALAN l,. KILDOW
KU"LEEN M. NEWMAN
MICHArL B.LEBlIlRON
GAICORY I. ItOR.TAD
GARY A. VAN CUVE.
DANIEL L. &owLIS
TODD U. VLATKOVICH
TIMOTHY J. Mc.MANUS
TIMOTHY J. <lANI
ALAN M. ANDIRSON
CONNA I.. "oaACK
MICHAEL w, SCMLIY
MICHAEL A. "OllRTSON
l.ISA A, GI'tAY
GAIIV A. REN" EKI
SHANNON x. MoCAMIJnCCf
CHRiSTOP~IR J. NARAISTHAL
WILl.IAM C, C"I'~fTJof. JR.
JOHN J. STiFFENHAaEN
CANIIL W. voss
MA5I:K A RuRIK
JOHNR. Mil-I.
JAMIES K. MARTIN
THOMAS J. SIiVMQUA
MICHAEL J. SMIT'H
FAEort(!CK I( totAuSEA III
MAA'Y E. vas
l.AA'RY 0 MAl:tTI~
JA!'.iE: E:. &P("'~ER
~ ARC v RI( FtEISMA."'4
0' COI,J....SEi..
w(NOELl.. I:t ANOEA'SC"-l
JOSEPk CiITlS
IUeHARO.4 "-iORO&vl
SPECIAL OR
LOCAL AND REGIONAL GOVERNHEN'l'S
REPRESENTED BY
LARKIN, HOFPHAN, DALY & LINDGREN, L'l'D.
AS
GENERAL COUNSEL TO UNITS OF GOVERNMENT (PAST AND PRESENT)
"."'SO 4OMIT'TEO IN WiSCONSIN
- - - - - - - - - . - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Afton
Litigation: Com~rehensive Plan
Analysis and ReV1ew
.
Afton, Lake Elmo, Woodbury,
Washington County
Becker County
Interstate I-94 Route selection and
Environmental Im~act Statement
Adequacy Litigat10n
Environmental Special Counsel for
Landfill Issues
Brooklyn Park
Environmental Review and Tax
Increment Finance Plan for Highway
Interchange
Tax Legislation
General Counsel
Bloomington
Bloomington Housing and
Redevelopment Authority
Burnsville
Environmental Review of Sanitary
Sewer Project; Comprehensive Plan
Review and Analysis
Metropolitan Trunk Sanitary Sewer
Funding and Construction; Regional
Systems Policy Plan Amendment
Representation Regarding Landfill
Superfund Matters Including PRP
Group Search; Consent Order
Negotiations and Insurance Recovery
Tax Increment Financing
Chanhassen
Chisago County
. Circle Pines
.
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LARKIN. HOFFMAN. DALY & LINDGREN. LTD.
Local and Regional Government Representation by LHDL
Paqe 2
Crookston Township
Deephaven, Excelsior, Tonka
Bay, Greenwood
Dodge County
Eagan
Eden prairie
Elk River
Hennepin County
Hennepin County Regional
Railroad Authority
Isanti County
Koochiching County
League of Minnesota Cities
Insurance Trust
Zoning Ordinance
Joint Subsidized Housing Project
Representation Regarding Resource
Recovery Contract and Landfill
Matters
Coro~rehensive Plan and Rezoning
Lit~gation; Environmental Impact
Statement Litigation
Wetlands Regulation Consultation and
Permit Processing
General Counsel; Drafted Entire City
Code Including Zoning and
Subdivision Ordinances
Environmental Issues
Light Rail Transit
Representation Regarding Landfill
Superfund Matters Including PRP
Group Search; Consent Order
Negotiations and Insurance Recovery
Representation of Renegotiation of
Landfill Stipulation Agreement with
the MPCA
Special Counsel - Employment
cities
Plymouth
Brooklyn Park
Bloomington
Stillwater
Oak Park Heights
Owatonna
Albert Lea
Worthington
Mankato
Cannon Falls
Hibbin;r
Virgin~a
International Falls
Warroad
Matters
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LARKIN, HOFFMAN, DALY & LINDGREN, LTD.
Local and Regional Government Representation by LROL
. Page 3
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Long Lake
Louisville Township
Minnetrista
Minneapolis
Minneapolis Park and
Recreation Board
Minnetonka
Moorhead
Moorhead Township/Clay County
Oak Grove Township
Prior Lake
Ramsey County
Redwood Falls
Reg~onal Transit Board
Rice County
Saint Cloud
Saint Paul
General Counsel; Representation in
All Civil and Criminal Prosecution
Matters
General Counsel; Specific Emphasis
on Solid Waste and Land Use
Park Le~islation Intergovernmental
and Leg~slative Representation
Legislative
General Counsel
Litigation: Section 19B3 Defense;
Environmental Impact Statement
Administrative Procedures
Growth Management Plan; Zoning and
Subdivision Ordinances
Zoning Ordinance Preparation
General Counsel, Update
Comprehensive Plan and Land Use
Regulations
SJ?ecial Counsel relating to liThe
W~lds"
Real Estate Tax Litigation: Defense
of Action brought by 3M Company
Landfill Acquisition Operations and
Liability Issues
General Counsel
Representation Regarding Purchase of
Office Building on SUJ?erfund Site;
Representation Regard1ng Ground
Water Contamination Issues
State Highway Bridge Regulations:
Administrative Hearing
Environmental Legislation
Environmental Impact Statement:
Shepard Road/East Central Business
District Bypass Project
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LARKIN, HOFFMAN, DALY & LINDGREN, LTD.
Local and Regional Government Representation by LHDL
Page 4
Sauk Centre
Scott County
Sherburne County
Shorewood
Woodbury
WCG:AT6a
General Representation Re$arding
Superfund Landfill Includ~ng Listing
Issues, PRP Grou~ Search and Consent
Order Issues; Th~rd Damage Claim
Defense
Wetlands Regulation Consultation and
Permit Processing
Tax Exempt Bond Issue
General Counsel, Zoning Ordinance
Update
Interstate Highway I-494
Interchange; Economic Impact
Analysis; MUSA through Metropolitan
Council; Wetlands Regulation
Consultation and Permit Processing
.
Law Firm Description
Larkin, Hof!'m3n, Daly 8< Lindgnn, Ltd., was founded in 1958 to serve lIle business and commercial
needs of clients. As the firm. enterS lIle dec3de of the 1990's, its practice has expanded to include
individual, corporate. and governmental clientS throughout the United StateS.
The firm recognized early. the need to specialize to provide lIle expertise necessary in complex and
changing areas of the law. '!he firm assists clients in traditinnal areas such as corporale law. securities
_ law. tax and taxation, banking. real estate, and litigation. In addition, the firm special~ in land use
planning and development. zoning, environmental regulation. legislative lobbying and adJnjnisrra!ive
law. franchising. Rublic bond financing, general busine$s financing including bea1th. insurance.
securities and hospitality, employment law. international 10.. and hOalth care. Firm members are
cumntly active in varioUS civic. govermnen<al, profesSional, religious, and cultural organizations.
Total Number of AttOrneys: 70
Total Number of Paraprofessionals: 13
.
f,FSlDENT
lames C. Erickson
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~J-II ~ OplntATING O~CEB.
Richard A. Knutson
9'ROUP MTAIRS
. lohn D. Fullmer - Business and Corporate Law Group
Robert L. Hoffman - Land Use. Municipal and Environmental Law .
Jon S. Swieaewski _ Liliiation. Alternative Dispute Resolution and Advocacy-Group
D~wnncnt ~- ji~
BankruPtcy and Workouts MiChael B. LeBaron
Corporate, Securities and Banking Paul B. PIUDkett
Litigation, Alternative Dispute .-
Resolution and Advocz;y Group Jon S. Swierzewski
Employment and Labor Law. - Dayle Nolan Ciliberto
Fariill Law Kathy M. Newman
Fran~i.sing Charles S. Modell
Government Relations and Administrative Law Gerald 1,.. Seck .
International Law' Beatrice A. Rothweiler
Land Use, Municipal and Environmental Law Peter K. Beck
Municipal and Environmental Litigation Gary A. VanCleve
Real Estate Law Thoma.! P. "Tim" Stoltman
Tax. TrustS. & Estates Gene N. Fuller
Workers' Compensation Michael C. Jackman
.
Priltl~d 011 100% ,~c'1cl~d paper
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LARKIN
HOFFMAN
DALY &
LINDGREN
AttorneY" at I aw
Employment and Labor Law
Preventing Problems
Lawyers in this department represent many corporate clients on "preventative'! employment matters such
as the creation, interyretation and revision of policy manuals, training, drug testmgpolicies, AIDS
discrimination, securl~ procedures, record keeping, affirmative action programs, FLSA compliance,
termination and discipline procedures and negotiations, legislative changes, non-competition agreements,
commission agreements, and hiring/termination procedures.
Resolving Disputes
The Employment and Labor Law team also brings an extensive background to all aspects of federal and
state employment and labor law litigation including wrongful discharge, discrimination, fair labor
standards, collective bargaining, and a wide range of personnel and employee discipline issues.
Members of the department also specialize in labor rerated issues such as contract negotiations,
collective bargaining and general union relations.
The laws pertaining to the workplace are pervasive; they affect every organization that employs people.
Congress, the Minnesota LegIslature, and courts are constantly defining and changing employer
obligations and employee rights. Virtually every employer reqUIres experienced counsel concemmg
both the problems and rules that employers confront. The major efforts of lawyers in the Employment
and Labor Law Department focus in two distinctive areas - corporate/preventative law and employment
law litigation. .
Department attorneys have been frequent lecturers, seminar leaders and authors on many topics related
to employment and labor law. .
EMPLOYMENT AND LABOR LAW DEPARTMENT
Dayle Nolan Ciliberto, Department Head
Donna L. Roback
Christopher J; Harristhal
Shannon K. McCambridge
James K. Martin
Lisa A. Gray
Marcy R. Kreisman
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Governmental Relations and Administrative Law
Lawyers in the government relations department practice in the le~islative and executive branches at the
federal, state and local ~evel, as well as m the administrative agencIes of government.
Representing Clients to Government'
In the broadest definition, lawyers in the governmental relations department operate as a skilled team to
deal with any problem a client is facing at any level of government. Members of the department serve
as legislative counsel to' a number of Minnesota and national corporations and business, trade,
professional. and municipal associations. In addition to the legislatIve counsel role, governmental
relations attorneys serve as general counsel to a number of trade association clients. .
The Work
. Typical areas of activity for the department's lawyers involve:
." Appearing before legislative committees;
." Helping clients organize and direct their legislative programs;
." Practicing before the Office of the State Hearing Examiner on proposed administrative roles;
." Working with the Metropolitan Council and its staff on. matters requiring their approval. and on
technical reports to be presented to other levels of government; .
." Negotiating with the U.S. Congress and federal agencies;. .
." Appearing before local planning commissions and city councils in connection with real estate
development projects;
." Researching the bid specification requirements and helping with bids, contracts with. governmental
agencies ;
." Drafting legislation to solve clients' problems under existing state or federal law; and .
." Speaking to civic organizations on the governmental process.
Whether representing a developer before a city council; an individual, corporation, or trade association
before the fegislature; or a multinational corporation before the Congress, lawyers on the governmental
relations team offer our clients the necessary experience to accomplisli the taSk. .a
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GOVERNMENTAL RELATIONS AND ADMINISTRATIVE LAW DEPARTMENT
James C. Erickson, LHD&L President
Gerald L. Seck, Department Head
Todd M. Vlatkovich
Wendell R. Anderson
Michael A. Robertson
Jane E. Bremer
Kathryn S. Hahne
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Land'Use, Municipal. and Environmental Law
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Lawyers practicing in the area of developm~ zoning and regulation of land, water, and air concentrate
their skills on solving a wide range of problems related to: .
" . D~elopment approval of residential, retail, office, hotel, restaurant, industrial, or mixed-use
,,' . ~~~f~ hazardous waste facilities operatio~ .'
". Permits and federal superfund matters . . . .
... Environmental imp~ statement preparation and process.ing .
... Red~elopment j)roJ~" . . .
... Tax mcrement financmg
" Condemnation .' .
. Special assessments
" InduStrial revenue bonds -
" Housing revenue bonds .
. Government insured, guaranteed or direct financing . .
" Conventional real estate development, constrUction, and permanent financing
... Water and wetland use permits '. .
. Indirect source air qua11!-y 12ermits
.. Certificates of need for lieaJ.th care.facilities .
.. H~ghway interChange approvals
... LIquor license approvals
... Coml)rehensive plan amendments
.. Subdivisions .
." Planned unit developments, rezoning, or conditional use permits.
Replatory Expertise
. .
Loc:3l, regional, state~ and federal agencies r~e development through environmental impact laws, air .'
and water pollution laws and numerous other laws and regulations. The lawyers in thIS department ':
guide developers and owners in a cost-effective way thrQugh this complex and cODStantly Changing
regulatory process by providing definitive analysis and recommendations at the outset and persuasive
. structured presentations throughout. Assistance in the traDSactional and financing componentS of project
development is provided concurrently. We represent both developers and governmental agencies in all. ,
aspects of land and water development. . .' .. . .' .
LAND USE~ MUNICIPAL AND ENVIRONMENTAL LAW GROUP
Peter K. Beck, Department Head
Rob~ L. Hoffman
Linda H. Fisher
Timothy J. Keane
Gregory E. Korstad
William C. Griffith
Michael A. Rob.ertSon
MUNICIPAL AND
, ENVIRONMENTAL LITIGATION
Christopher 1. Dietzen
Thomas B. Humphrey, lr.
Gary A. Van Cleve
Daniel W . Voss
Larry D. Martin
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Real Estate Law
Our . real estate law ~artmeni represents clientS in the acquisition, assenmly, constrUction, flm~ncing,
leasin~ and disposition of real estate. We assiSt developers ~d investors in their analysis and
acquisItion of parcel of land for all types of projectS. Our development client:J include privately-<>wned
entities and local government authorities involved in housing and commercial development and
redevelopment proj~. . .
Lea..itll...
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We represent both landlords and tenants in the drafting, analysis. and negotiation of commerciallea.ses
for office industrial, ret3i1 and other types of projects. .' . .
...And Lendlna
We also represent a number of teDders with a variety of approaches to ii1vestment in real estate. Our
real estate lending clientS include major commercial banks, various smaller' commercial bania, a major
thrift and a major national "medium-tenn" lender. Our work for these clientS has involved aU aspectS of
real estate lending, including construction and ~ltTlent mortgage financing, matehed funding loans,
intereSt accrual elections, caSh tlow and equity participatiODS and similar devices. We ~ent lenders
from the preparation and negotiation of loan commit.mentS. throuah document drafting and loan closing.
We. also advise our clients on problem loans, where are w~rb has included workouts, banIauptcy.
matterS and foreclosures. " .
Variety and Creativity
W e ha~e represented lend~ and developers regarding multifamily residential projectS financed in a
variety of ways, including coDSuuction loans, conventional permanent mortgage loans and pooled bond
;issues involving mortg8.l8 purchase agreemem& with the Federal National Mortgage Association (F'amrle .
.Mae). We have also represented" developers and'lenders in ~jects for .low and moderate mcome
housing involving conventional constrUct1on loans su}JPlemented by grantS from private sources and
loans of federal and state grant funds secured by subordfnate mortgages. . .
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REAL ESTATE LAW GROUP
Thomas P. "Thntl Stoltman, Department Head
Allan E. Mulligan .
lohn B. Lundquist
Gary A. Renneke
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LARKIN
HOFFl'vtAN
DAIX &
LINDGREN
Attornpy" at I aw
Environmental Practice Group
Lawyers practicing in the firm's Environmental Practice Group assist clients in four primary areas:
permit issuance and enforcement; regulatory compliance; pollution prevention, mitigation and clean-up;
and third-party liability. In today's environmentally conscious society, issues involving groundwater,
surface water, air quality, soil, and solid waste management now must be dealt with from the highest
level of corporate decision~making to an individual's decision to recycle solid waste. These new issues
require a comprehensive understanding of today's regulatory and polley environment.
Larkin,. Hoffman, Daly & Lindgren, Ltd., has distinguished its environmental practice by developing a
working knowledge of the environmental regulatory process. The firm currently has one of the most
successful and well respected government relations departments in the state of Minnesota. Knowing
environmental regulations is one thing; providing clients with a working knowledg,e of the governmental
and ~egulatory J>rocess is quite ~other. Our lawye~s are experienced in identitying client needs and
creatively working to solve them m areas such as:
... Superfund Site Clean-up and Third-Party Liability;
* Water and Wetland Use Permits.
* Ooerating S,?Ii.d or Hazardous Waste Facilities;
* Waste Perm.lttm~; . . .
* Environmental unpact Statement Preparation and Processing;
* Indirect Source All' Quality Permittin,g;
* Contested Case Hearmgs for Solid Waste Facilitiest Wetlands Fill Permits;
* Leg~slative and ~e2Ulatlon Drafting, Lobbying, ana. Rule-Making Hearings;
* Envll'onmental RiSK Management; and.
* Litigation About the Above Topics.
The environmental practice group has extensive experience and has successfully represented clients since
the early 1970s on environmental matter's sucll as permit processing, regufatory' investigations,
enforcement proceedings, and developing amendments to various statutes and regulations. - Work
completed on behalf of clients includes: '. .' .'
*. Air Emission, Water Discharge Permits.
* Approval for Wetlands and Sfioreland Excavation and Filling;
* Waste Disposal Permits for Industrial, Commercial, and Reslaential Facilities;
* Sewer Extension Permits; . ,
." Preparation of Permit Applications, Environmental Impact Statements and EnVIronmental
Assessment Worksheets' .
* Solid and Hazardous Waste Facilities Permitting: Landfills and Processing Plants, Storage,
Transportation, Generation, and Ooerations; ,
* Resource Recovery, R~cling ana Incineration Facility Contracts, Siting, and Ordinancmg;
* Waste F acil i~ Grant Procurement and Bonding; .
* Defense of Permit or Regulation Violations: Air Quality, Groundwater, Surface Waters, Wetlands,
and EIS and EA W Problems; .
* Direction of Environmental Audits and Securing MPCA "No Action" Letters;
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* Superfund and Other Environmental Contamination Defense, Responsible Party Investigations;
* Clean-up Negotiations, Cost Contribution and Insurance Investigations and Craims'
* Contract Provisions to Allocate Responsibility for Potential Lana Contamination, Representation at
Board Heari~gs and Administrative Agency Contested Case Hearings; .
* Coun:tY and Municipal Solid Waste Ofainance Drafting;
* All environmental Litigation, Including Groundwater Contamination, EIS Adequacy t Landfill
Siting, Toxic Tortt St,3te and Third-party Hazardous Waste Clean-up, and ResponsIble Party
Searches and Coordmatlon; .
* Draft and Lobby Changes to Environmental Statutes and Regulations, STate and Local Hazardous
Waste Regulations, Groundwater Protection~ and Rate Regulations; and
* Amendments to Environmental Impact ReVIew Rules, Air Quality, Environmental Protection, and
Water Quality Regulations.
Environmental Risk Mana~ement
In a related area Larkin\ Hoffman, Daly & Lindgren, Ltd. assists clients in financial and insurance
p'Ianning to allocate and limit environmental risks. We recognize that it is impossible to eliminate the
threat of environmental liability. Risks can be managed, however, in many ways: .
* Indemnity and Risk Allocation Provisions in Purchase Agreements, Loan Documents, Leases,
Supply Contracts\ Product Warranties, and Otber Agreements;
* Insurance PrOVIsions in Commercial Liability and Propet:t}' Policies to Protect Against
Environmental Exposures Resulting from Ongoing Business Activities'
'* Insurance Provisions in Professional Liability and Officers' and Directors' Policies Protecting
Against Environmental Claims'
* InSurance Policies Against Undetected Contamination of Property being Acquired or Mongaged;
* Insurance Pro~ection Against Leaking Storage Tanks. Improper 'Removal and Disposal of Asbestos,
and Asbestos m Place; .
'* Structuring of Settlements to Protect Against Additional Future Liability.
ENVIRONMENTAL PRACTICE GROUP
Gerald L. Seck
Michael A. Robertson
Gre~ory E. Korstad
ChrIstopher J. Dieaen
Linda H. Fisher
John B. Lundquist
Peter K. Beck
Jerome H. Kahnke
Printed OIl lOOtfo recyckd pap."