HomeMy WebLinkAboutCity Council Packet 01-10-2012 SpecialCITY OF PLYMOUTH
AGENDA
SPECIAL COUNCIL MEETING
JANUARY 10, 2012, 5:30 p.m.
MEDICINE LAKE CONFERENCE ROOM
1. CALL TO ORDER
2. TOPICS
A. Receive update from City's prosecutor
B. Set future Study Sessions
3. ADJOURN
Special Council Meeting 1 of 1 January 10, 2012
rp)City of
Plymouth
Adding Quaky to Life
SPECIAL
COUNCIL MEETING
January 10, 2012
Agenda 2ANumber:
To: Mayor and City Council
Prepared by: Laurie Ahrens, City Manager
Item: Study Session — Prosecutor Update
1. ACTION REQUESTED:
Receive information from City Attorney Roger Knutson and Prosecutor Elliott Knetsch and
provide any desired direction.
2. BACKGROUND:
The Council set this study session to receive an update from the City's prosecutor. Attached is
the annual legal report for the period November 2010 through October 2011.
3. BUDGET IMPACT:
The recently adopted budget includes $291,440 for prosecution services in 2012. This remains
unchanged from the 2009 actual prosecution costs.
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CIVIL LEGAL SERVICES REPORT
Nov. 01, 2010 to Oct. 31, 2011)
Much of our activity involves advising the City Council, City Manager, Directors and
Staff on a wide variety of legal issues primarily by email and telephone calls. By
keeping informed of particular issues we prevent problems from occurring.
ATTORNEY AND STAFF HOURS
Approximately 780 attorney hours, majority Roger Knutson, and 226 hours of staff time.
All City Council Meetings
Selected Work Sessions
Director Meetings Preceding a Council Meeting
TRAINING
Legislative Updates
Case Law Updates
DRAFTING ORDINANCES (including)
Interim Ordinance
Traffic Control Officer Ordinance
Human Rights Commission Ordinance
Presumptive Liquor Penalties Ordinance
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Accessory Dwelling Ordinance
Use of City Identity
Ordinance Concerning Misdemeanors
Ordinances Concerning Park Regulations
Liquor Ordinance
CONDEMNATION / LAND SALES / LAND ACQUISITIONS /
LEASES (including)
Easements
Purchase of Gross Property
Trillium Woods
Purchase of GW Land Property
Three Rivers Park District Land Exchange
Hampton Hills Purchase
Park & Ride Project
Title Registration/Plymouth Plaza
Sales of tax -forfeited parcels
CONTRACT PREPARATION AND REVIEW (including)
City Project 8128
City Project 9113
City Project 11010
City Project 11013
City Project 10024
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Review Transit Contracts
NewWorlds
City Project 11015
City Project 11012
City Project 11031
Video Package
General Mills Hockey Agreement
ARBITRATION/LITIGATION
AFSCME (suspension/City position sustained)
AFSCME (dropped by Union/City position sustained)
Highway 101 Assessment Appeals
Preparation of Last Chance Agreements
LAND USE AND DEVELOPMENT REVIEW
Easements and deeds
Processing final plat documents for plat recording
Processing City Plats: Dog Park Plat, Bremer 2nd Addition
Recording documents
REPRESENTING HOUSING AND REDEVELOPMENT AUTHORITY
First Time Home Buyer Loan Revisions to Mortgage and Note
Processing foreclosures involving HRA loans
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Processing bankruptcies involving HRA loans
Review of leases and revisions
Mortgage broker licensing issues
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2011 PROSECUTION REPORT
November 01, 2010 to October 31, 2011)
INTRODUCTION
We have provided prosecution legal services to Plymouth since 1995. We are
committed to providing effective services with excellent value. A brief summary of
services provided in 2011 follows.
NUMBER OF CASES
We appeared in court on 1,539 cases. The cases breakdown as follows:
Domestic Assault' 143
DWI 213
Criminal 365
Traffic 798
Parking 20
1,00z)
We successfully resolved 85% of the cases without setting them for trial. The vast
majority of these are petty misdemeanor and misdemeanor traffic tickets.
Resolution of these cases without setting them for trial significantly decreases the
City's overtime expenses for officer court time.
Plymouth again had the largest number of cases of any city at Division 3.
We drafted 529 formal complaints (44 per month on average). Of these, 317 were
gross misdemeanors, primarily domestics and DWIs.
1 Includes Assault, 911 Interference, OFP Violation, DANCO Violation
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COURT APPEARANCES
We appear at Division 3 - Ridgedale every Thursday and Friday for arraignments,
pretrials, omnibus hearings, Morrissey hearings, Rasmussen hearings, probation
violations, sentencings, plea hearings, and court trials.
We appear at Division 1- Downtown for the jury trial calendar as needed.
STAFF HOURS
Attorneys - 1,764 (147/month). Elliott Knetsch and Alina Schwartz accounted for
92% of these hours.
Legal Assistants - 2,306 (192/month). Nanette Eilers accounted for 85% of the
hours.
JURY TRIALS
We had four jury trials. (Conviction for gross misdemeanor DWI; conviction for
misdemeanor DWI; conviction for domestic assault; and acquittal for escape from
custody — Hennepin County jail staff testified.)
116 cases were set for jury trial. The vast majority of those were DWI cases, which
almost always resolve with pleas of guilty before the jury trial date.
COURT TRIALS
118 cases were set for court trial. Nearly all of these are traffic offenses.
Guilty verdicts were obtained about 96% of the time. (4 acquittals)
RELATIONSHIP WITH POLICE DEPARTMENT
We provide email updates on significant new developments in the law.
We provide officer training presentations as requested, which are eligible for POST
Board certification.
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We provide criminal law legislative updates.
Elliott attends Police Department leadership meetings.
Elliott meets with the domestic violence advocates from Home Free and the police
department investigation sergeant.
We Work with the Department to eliminate BCA suspense files.
CODE ENFORCEMENT
Elliott meets with the director of community development, building official and
housing inspector. We provide update on all cases, and a court status report.
Prosecution is initiated for cases where voluntary compliance has not been
achieved. Approximately 50 — 60 new cases arise each year; about 25% result in
prosecution.
We provide an alcohol/tobacco compliance check violation status report.
TECHNOLOGY
We have invested heavily in our specialized prosecution software, website, and
technology, and continue to invest in maintaining our system as the best and most
comprehensive of any city attorney office.
We have direct access to LETG. This allows our staff to obtain all reports, photos,
audio, and video needed for providing disclosure to defense attorneys and
eliminates staff time for the police department. Prosecutors have wireless access to
LETG in court.
We have used MCAPS (specialized prosecution case management program) since
January 2000. MCAPS has been selected as the statewide adaptor for eCharging
electronic signing and filing) of criminal complaints. We were the first private
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prosecution firm in the State to be approved and given access to eCharging by the
BCA. We have been using eCharging since 2009. eCharging is scheduled to roll
out in Hennepin County in March 2012, and we will be the first city attorney office in
Hennepin County integrated. eCharging significantly expedites filing of criminal
complaints, and eliminates officer and administrative time spent signing, notarizing,
and doing data entry for complaints. In 2011, Elliott gave an eCharging presentation
to the Dakota County Criminal Justice Committee.
We have created and enhanced our secured website that hosts our criminal data for
our clients. We can also upload files to the website which can be accessed by
defense attorneys to obtain discovery.
We have direct online access to:
o the State of Minnesota -Driver Vehicle Services;
o the Minnesota Court Information System (MNCIS); and
o the BCA laboratory.
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rp)City of
Plymouth
Adding Quaky to Life
SPECIAL
COUNCIL MEETING
January 10, 2012
Agenda 2BNumber:
To: Mayor and City Council
Prepared by: Laurie Ahrens, City Manager
Item: Set Future Study Sessions
1. ACTION REQUESTED:
Review the list of pending study session items and schedule dates as desired. Calendars are
attached for your use.
Page 1
Pending Study Session Topics
at least 3 Council members have approved the following study items on the list)
Discuss trails
Redistricting
Other requests for study session topics:
Update with City Manager (summer 2012)
Update on Northwest Greenway acquisition (after 5/1/12)
Funding infrastructure improvements in Northwest Plymouth
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Adding Quality to Life
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6:00 PM
7:00 PMNEWYEAR'S DAY SPECIAL COUNCIL PLANNINGObservedMEETING
NEW YEAR'S DAY Discuss Proposals for COMMISSION
Peony Lane/Lawndale MEETING
CITY OFFICES Lane Project Council Chambers
CLOSED Medicine Lake Room
8 9 10 5:30 PM 11 12 13 147:00 PM 7:00 PM
SPECIAL COUNCIL ENVIRONMENTAL PARK $ REC
MEETING* QUALITY ADVISORY
Medicine Lake Room COMMITTEE COMMISSION
7:00 PM EQC) MEETING PRAC) MEETING
REGULAR COUNCIL Council Chambers Council Chambers
MEETING
Council Chambers
15 16 17 18 19 20 216:00 PM 7:00 PM 5:00 PM
SPECIAL COUNCIL PLANNING SKATE WITH THE
MARTIN LUTHER
MEETING COMMISSION MAYOR
KING JR.
Discuss Council Goals MEETING Parkers Lake
BIRTHDAY
and Legislative
Priorities for 2012
Council Chambers
Observed Medicine Lake Room
CITY OFFICES
CLOSED
22 23 24 5:30 PM 25 26 27 287.00 PM
SPECIAL COUNCIL
PLYMOUTH 7:00 PM
MEETING
ADVISORY HRA MEETING
Discuss Private Utilities
COMMITTEE ON Medicine Lake Room
for Silverthorn
Medicine Lake Room TRANSIT (PACT)
STUDY SESSION
7:00 PM Medicine Lake Room
REGULAR COUNCIL
MEETING
Council Chambers
29 30 31
Receive update from the Citv's prosecutor
Modified on 01/06/ 12
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February 2012
Modified on 01/06/ 12 CHANGES ARE NOTED IN RED
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1 2 3 4
7:00 PM 6:00 PM
PLANNING BOARD AND 2:00 PM
COMMISSION COMMISSION FIRE 8 ICE
MEETING RECOGNITION FESTIVAL
Council Chambers EVENT Parkers Lake
Plymouth City Hall
5 6 7 8 9 10 11
7:00 PM 7:00 PM 7:00 PM
PRECINCT ENVIRONMENTAL PARK It REC
CAUCUSES QUALITY ADVISORY
COMMITTEE COMMISSION
EQC) MEETING PRAC) MEETING
Council Chambers Council Chambers
12 13 14 15 16 17 187:00 PM 7:00 PM 7:00 PM
REGULAR COUNCIL PLANNING HUMAN RIGHTS
MEETING COMMISSION COMMITTEE
Council Chambers MEETING MEETING
Council Chambers Medicine Lake Room
19 20 21 2 2 7:00 PM 23 7:00 PM 24 256:00 PM POLICE DEPT.
SPECIAL COUNCIL PLYMOUTH ANNUAL
PRESIDENTS MEETING* ADVISORY RECOGNITION
DAY Medicine Lake Room COMMITTEE ON EVENT
TRANSIT (PACT) Plymouth Creek
MEETING Center
CITY OFFICES Medicine Lake Room
7:00 PM
CLOSED HRA MEETING
Medicine Lake Room
26 27 28 297:00 PM
REGULAR COUNCIL
MEETING
Council Chambers
Parkers Lake Cemeter,
Street Lighting Rates
Noise Ordinance
City Manager Update
Modified on 01/06/ 12 CHANGES ARE NOTED IN RED
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City of
Plymouth
Adding Quality to Life
March 2012
Modified on 01106112 CHANGES ARE NOTED IN RED
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1 2 3 9:00 AM -
12:00 PM
CITY SAMPLER
Plymouth City Hall
4 5 6 7 7:30 AM 9 10
STATE OF THE
CITY MEETING
Council Chambers
7:00 PM
PLANNING
COMMISSION
MEETING
11 12 13 14 15 16 177:00 PM 7:00 PM
REGULAR COUNCIL ENVIRONMENTAL
MEETING QUALITY
Council Chambers COMMITTEE (EQC)
MEETING
Council Chambers
Daylight Savings
Time Begins
18 19 20 21 2 2 2 3 246:00 PM 7:00 PM 5:30-8:00 PM
SPECIAL COUNCIL PLANNING ENVIRONMENTAL
MEETING COMMISSION QUALITY FAIR
Fire Study MEETING Kimberly Lane
Medicine Lake Room Council Chambers Elementary School
7:00 PM
HRA MEETING
Medicine Lake Room
25 26 27 28 29 30 31
7:00 PM 7:00 PM
REGULAR COUNCIL PLYMOUTH
MEETING ADVISORY
Council Chambers COMMITTEE ON
TRANSIT (PACT)
STUDY SESSION
Medicine Lake Room
Modified on 01106112 CHANGES ARE NOTED IN RED
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