Loading...
HomeMy WebLinkAboutCity Council Minutes 10-04-1993 SpecialMINUTES STUDY SESSION OCTOBER 49 1993 A special meeting study session of the Plymouth City Council was called to order by Mayor Bergman at 5:15 p.m. in the Council Conference Room of the City Center, 3400 Plymouth Blvd., on October 4, 1993. PRESENT: Mayor Bergman, Councilmembers Helliwell, Tierney, and Vasiliou. Councilmember Edson arrived at 5:30 p.m. ABSENT: None STAFF PRESENT: City Manager Johnson, Assistant City Manager Lueckert, Public Works Director Moore, Finance Director Hahn, Public Safety Director Gerdes, City Attorney Meller, Attorney's Bernard, Kaminski, and Boyle, and City Clerk Rauenhorst HUMAN RIGHTS COMMISSION Assistant Manager Lueckert presented the staff report on the proposal to establish a Plymouth Human Rights Commission. She requested that the Council review a proposed ordinance which would establish the commission, as well as a proposed resolution which would establish the purpose and mission of the Human Rights Commission. She stated that the ordinance calls for seven members, four selected by ward, three at -large. She stated the Chair and Vice Chair would be selected by the commission members. All four school districts have expressed an interest in participating in the Human Rights Commission, and the Council should consider how their participation should be included. Councilmember Tierney stated that it is particularly important to include the school districts if the focus of the Plymouth Human Rights Commission will be on education. She asked staffs opinion as to what is a workable number for the commission membership. Assistant Manager Lueckert stated that she believes an eleven member commission would be workable, and noted the key is selection and getting an energized group of residents. The Council supported an eleven member commission, with four individuals selected by ward and one selected from each of the four school districts. Council Study Session October 4, 1993 Page 2 Assistant Manager Lueckert stated the Council should also address the issue of whether the commission should focus on public education and awareness, or also administer the no-fault" grievance process. She noted that most other commission do both duties. The Council stated the focus of the commission should be on public education, as well as administering the "no-fault" grievance process. Assistant Manager Lueckert stated that currently no budget is proposed for the Human Rights Commission. She stated a realistic first year budget of $500 for postage and training would be adequate. She stated that in some cities the Human Rights Commission comes to the Council to request funds for each project. This was the Council is kept apprised of their activities. The Council supported this method of funding for the commission. Public Safety Director Gerdes stated he supports establishment of the Human Rights Commission. He believes it will be very useful to the Police Department through increased awareness of human rights issues, education issues, and community involvement in hate crime awareness. John Boyle, Chair of the Richfield Human Rights Commission, described that commission's education and mediation efforts. He suggested using the League of Minnesota Human Rights Commissions as a resource, and noted that very little assistance is available from the State of Minnesota. Assistant Manager Lueckert stated that primary staff report to the Human Rights Commission would be provided by the Assistant City Manager, and other staff liaisons to the commission may be established. She suggested establishing the commission in October or November, and recruiting interested residents during late 1993. The City Council could interview and select commission members in January, along with vacancies for other boards and commissions. The Plymouth Human Rights Commission would then begin work during the first quarter of 1994. Council indicated that they support this proposal for establishment of a Human Rights Commission. BUDGET AND FEES FOR CITY ATTORNEY City Attorney Meller introduced Attorneys Bernard, Kaminski, and Boyle of the Best & Flanagan law firm. He stated their firm also has an outstanding real estate department, headed by Reno VanPutten. He stated the Best & Flanagan firm is proud of the legal services provided to the City. He presented a fee analysis for 1992 and 1993. He believes the City will see a decline in legal fees in 1993, with the exception of prosecution. Much of this decrease is due to the retainer system which was instituted earlier in the year. He Council Study Session October 4, 1993 Page 3 stated that in 1992 there were significant expenses with respect to the transition in law firms from Holmes & Graven to Best & Flanagan. He stated Best & Flanagan wrote off a significant amount of time in order not to charge the City for time spent in familiarization with the various city codes, manuals, and procedures. He stated there were also a number of extraordinary events in 1992, including the significant amount of legal work surrounding the resignation of the former city manager, the resignation of the community development director, and the discovery of the payment of inappropriate benefits to certain employees. Attorney Meller noted that the 1993 attorney budget includes a one- time expenditure for recodification. The Council discussed the increase in prosecution costs to the City. Prosecutor Boyle stated that he has been doing prosecution work for the City since February 1992. He stated that crime is up in all suburbs, including Plymouth. On court days, he stated that he handles 120 to 140 people per day for arraignment. He compared Plymouth to other communities, and stated that the costs for prosecution are not out of line. He noted that changes in legislation, such as the DUI vehicle forfeiture law, have also complicated prosecution. He stated that when fines are imposed, half goes to the city and half to the county. When prosecution costs are imposed, the entire amount goes to the city. Councilmember Edson asked how many cases result in jail time. Prosecutor Boyles stated that all misdemeanor and gross misdemeanor convictions have a possibility of jail time. He usually tries to avoid jail time for first offenders, but repeat offenders usually involve some jail time, for which the City pays a portion of the cost. He estimated that perhaps 20% of his cases result in jail time. Attorney Meller stated that their firm's hourly rates are on the low side compared to the market. He asked if the Council has additional ideas on ways to continue to lower legal fees. Attorney Bernard stated that the firm's job is to respond when a client calls. He stated the legal fees are controlled by the amount of work requested by staff and extraordinary events. Councilmember Vasiliou noted that the Best & Flanagan firm provides the City with detailed legal billings. She stated that in 1985 the City received a one -line billing from the City Attorney. She reviewed the history of legal fees from 1985 to the present, and referenced a 1986 memo wherein she expressed concern about the escalating legal costs to the City Manager. She stated that was with the Holmes & Graven law firm, and this certainly is not a new issue. She stated that in 1982, the total legal budget was $133,781. By 1985 this had increased to an estimated $242,600 -an increase of 81%. She stated that during this time the retainer was $4,950 per month. She stated there was ten month Council Study Session October 4, 1993 Page 4 actual expenditures from November 1985 through August 1986 of $319,759. Councilmember Vasiliou noted that the previous law firm established a relationship with the City in 1970. After this, the first review of legal expenses was in 1986, at her request. She stated there is always room for improvement, and she is willing to consider ways to decrease legal fees and to generate revenue such as by passing costs through to developers. Councilmember Vasiliou stated that the Wayzata/Plymouth Chemical Health Commission supported the "not a drop" legislation. She supported the passage of this bill, but stated it will result in increased prosecution fees. In response to questions from Councilmember Edson, Prosecutor Boyles stated that Plymouth was one of the first cities in the state to actively pursue vehicle forfeitures. He also explained that the city and county share the cost for incarceration. Manager Johnson stated that the draft city attorney budget is staffs "best guess" at this time. He stated the intent was to develop a draft maximum legal budget for 1994. There may well be reductions when more information is received in November or December on actual costs. Attorney Meller stated that the Council will see an increase in prosecution costs, but there will be a corresponding increase in revenue from fines. Attorney Meller stated that demographics of the community have an impact on crime. He noted that major factors that influence the number of misdemeanor prosecutions include the number of bars in a community, the road system, and percentage of males between certain ages. Councilmember Edson noted that the City has also added a lot of retail establishments in a short period of time. This also has an impact. Councilmember Tierney stated that the fines are up about 12% from 1992 to 1993, but a total budget increase of 30% is proposed. She expressed concerns about the ways in which Best & Flanagan has handled prior events and refused to communicate with some councilmembers on issues such as the City Manager resignation. She stated she was denied information from Attorney Meller, and believes that ethically things should not be hidden from members of the Council. Attorney Barnard stated that he did not believe the law firm had done anything wrong. Councilmember Tierney referenced a memo with respect to the City Manager's resignation which Attorney Kaminski wrote and to which Attorney Meller denied her access. Council Study Session October 4, 1993 Page 5 Councilmember Vasiliou stated she was told the same thing by the previous City Attorney, who indicated that he did not work for her. She noted that large capital projects were added to the City Council agenda at the last minute and voted on, and she questioned whether this was ethical and legal. Attorney Barnard stated that Best & Flanagan does not work for individual councihnembers, they work for the City and the Council as a whole. Councilmember Tierney stated that the issue for her is trust. If trust of the law firm is gone, how can she rely on information provided and determine what is fair and ethical. Mayor Bergman stated that this issue should not continue to cause discord on the Council. He suggested that the Council should be able to move forward with this law firm in a positive manner. Attorney Kaminski stated that 4? the majority of the Council request information, it is provided. Mayor Bergman noted that historically, the Council has voted to request legal opinions. He stated the Council could again return to a policy of requiring that access to the City Attorney be through the Mayor or City Manager. Councilmember Vasiliou stated that until 1990, Councilmembers could not call the City Attorney directly. Councilmembers were instructed to send requests through the Mayor or City Manager. Attorney Bernard stated that it is difficult to equally serve all Councilmembers when there is a philosophical split on the Council Councilmember Tierney reminded the Council of the previous Council action which stated that the City Attorney is not to do more than one hour's worth of work for an individual Councilmember without full Council notification. Councilmember Tierney also questioned the quality of work provided by Best & Flanagan. She referenced a letter from the Attorney General's office responding to a letter of understanding dated May 2, 1989 for vacation pay. She also noted in a 1989 memo, language with respect to salary and compensation was intermixed. She stated that she will not approve a 32% increase in legal fees in the 1994 budget. The meeting was adjourned at 7:00 p.m. i y Clerk