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.
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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
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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
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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.
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October 4, 1993
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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