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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. Page 1 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 13563506 1 Page 2 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 13563506 2 Page 3 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 135635vo6 3 Page 4 Processing bankruptcies involving HRA loans Review of leases and revisions Mortgage broker licensing issues 135635vo6 4 Page 5 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 13563506 5 Page 6 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. 13563506 Page 7 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 13563506 7 Page 8 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. 135635vO6 g Page 9 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 Page 2 r Plymouth Adding Quality to Life January 2012 1 2 3 4 5 6 7 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 Page 3 r Plymouth Adding Quality to Life February 2012 Modified on 01/06/ 12 CHANGES ARE NOTED IN RED Page 4 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 Page 4 City of Plymouth Adding Quality to Life March 2012 Modified on 01106112 CHANGES ARE NOTED IN RED Page 5 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 Page 5