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90-1157 i0� , 0 R i G I NA L � ` �� Council File # Q- Green Sheet # 3 RESOLUTION CITY OF SAINT PAUL, MINNESOTA ' f �.., : � � Presented By - ----- Referred To Committee: Date BE IT RESOLVED, By the Council of the City of Saint Paul, upon recommendation of the Mayor. and advice of the Long-Range Capitai Improvement Budget Committee, that the Capital Improvement Budget, as heretofore adopted and amended by this Council, is hereby further amended in the following particulars: Current Amended Fund Activity Project Appropriation Change Appropriation C90 4P002 SW Team Police -0- +71,545 71,545 C90 4P002 SW Team Police 480,000 -0- 480,000 Amended 480,000 +71,545 551,545 FINANCING 436 34120 -- -0- +71,545 71,545 925 90090 74110 480,000 -0- 480,000 SW Team 480,000 +71,545 551,545 � GN��' Richard Gehrman , Stacy B ker Finance & Management Ser.vi.ces Budget Director Y� Navs Absent Requested by Department of: inron oswitz �., Police on �— acca ee �— ettman �— une �— _D- i son �. BY� ��.(.t�L,��tl�,l�-. G Adopted by Council: Date �U� � Q � Form A ved by City Attorney Adoption Certified by Council Secretary BY: _��Z�� C' -Z y i� By' Approved by Hayor for Submission to Approved by Mayor: Date JUL 1 �. � Council By: �� -/� �� BY' �� PUBL�SHED J U L 2 I 1990. . �.g�_,�y�►�,�o�� DEPARTM[NT/OFFl�/WUNqI ' DATE INITIATED Police Department GREE� �"��,T�wET NO. 92i��ATE O�lTACT PER80N 8 PMONE �pEPARTMENT DIRECTOR `� �GTY COUNCIL Chi e f McCutcheon 292-3588 �� ciTV nrroaNev �cm aFRK ` MUST BE ON WUNpL AGENDA BY(DAT� ROU7NI0 �BUDOET DIRECTOR FIN.3 AA(iT.BERVICEB DIR. �MAVOR(OR ASSIBTANT) � TOTAL N OF SIQNATURE PACiEB (CLIP ALL LOCATIONS FOR SIONATURE) ACTION RECUESTED: Appr.oval of the attached administrative or.der. . RECOMMEND�►nONB:Mv►�W o►RN�(� COUN�ML REPORT OPTIONAL _PLANNINf3 COMMI8SION _qNIL BERVI�OOMIM18810N ��Y8T PHONE NO. _CIB OOMAAl1TEE _ COMMENTB: _BTAFF _ _DISTRICT COURT _ SUPPOR'TS WNK�H OOUNGL OBJECTIVE? IrNN71AT1NCi PF�BLEM.188UE,OPPORTUNITY(Who�WhM�When.Wher�.Nl�: The forced termination of the Police, lease of Edgcumbe School has left the Police Depart- ment without a team house for. the Southwest Team. Following a city r.esolution, the architectural firm of TKDA was retained to design a team house. Their costs estimate was used as a basis far a request to fund the bui,lding. After a11 bids were analyzed the funds needed for this project are approximately $71 ,545 short. ADVANTA4E8 IF APPROVED: By transfQrring the monies into this capital account, as soon as possible, the buiiding can be undertaken and a team site built prior. ta the expiration of the old lease. as�v�r�r�ES��veo: FtECEIVED RE�E/VEp None known. R�CEiv�n JUN 2� 199u J��2� ;;�� UN291990 BUDGET OFFICE ev��ir,=,� �t CITY CLERK DISADVANTAGEB IF NOT APPROVED: After a lengthy, thorough search, no other team buildings have been found in a suitable ar.ea. Unless this building is built., the mandate of the Mayor. 's Office and the City Council to �naintain a Southwest Team site cannot be met. Council Researeh � � Cente JUN 29� TOTAL AMOUNT OF TRANSACTION a �1,5�+5. �� T/REVENUE BUDOETED(qRCLE ONE) YES NO Police Special Fund 436 34120 Funo��sou� �cr�v�rr Nuw�n FINANCIAL INFORMATION:(El(PLAIN) � dw . , , • . NOTE: OOMPLETE DIRECTIONS ARE INCLUDED IN THE QREEN SWEET INSTRUCTIONAL MANUAL AVAIIABLE IN THE PURCHASINt3 OFFICE(pHONE NO. 298-4225). R�UTINQ ORDER: Below are proferred routinps for the flve moat frequent types of documbnts: CONTRACTS (assumes authorizsd COUAICIL RESOlUT10N (Anwn�f,.Bd�tts./ budg�sxista) Ac�ept.C3rants) 1. Outside Apency 1. Departm�nt Director 2. Initiating Department 2. Bud�st Director 3. Gty Attomsy 3. Gty Attorney 4. Mayor 4. MayoHAesistant 5. Ffnance d�Mgmt Svcs. Director 5. City Coundl 6. Flnance/lcoountinq 6. Chisf AcaourHaM, Fln d�Mgmt 3vcs. ADMINISTRATIVE ORDER (Budpet OOUNdL RESOLUTION (all othsra) Rsvision) and ORDINANCE 1. Activity Manspar 1. Inidatirp DepeRmeM Director 2. DepaRmeM�►ocainnM 2. qty Attomey 3. DspertrtaM Dfroctor 3. MayoN/laistant 4. Bud�st DireCtor 4. Gty COUncil 5. City qerk 8. Chfef AcoouMant. Fln 8 Mgmt Svca. ADMINISTRAI`IVE ORDERS (all others) 1. InitiaUnp DopertmenE 2. C�ty Atbrt�e�► 3. MayodAssistent 4. City Gsrk TOTAL NUMBER OF 31f3NATURE PA(3ES IndHcMe the#of pa�es on wh�h ef�naturea are required and papsrcllP esch of tNese pa�es. ACTION RE(�tJE3TED Deacribs whet the projacf/requ�t aeeks to�compliah in ekhsr Chrorabpi- cal order or order of importance�whichsver is moet appropriate tor ths issue. Do n�writs com�ete sentences. Begin sach itsm in y�wr N�with a verb. RECOMMENDATIONS Comple4e if the issue fn quesUon has been presented befors any body, pubifc or private. 3UPPORT3 WHICH t�UNqL OBJECTIVE? Indicate which Council objsctiw(s)You�'P�vro4�s�PP�s bY�� the key word(s)(HOU31N(3, RECREATION, NEICiHBORHOODS, ECONOMIC DEVEIOPMENT, BUDOET, SEWER 3EPARATION).(SEE OOMPLETE LIST IN IN3'TRUC'FIONAL MANUAL.) COUNqL COMMITTEFJRE3EARCH REPORT-OPTIOWIL A3 RECUEBTED BY COUNGL INITIATINCi PROBLEM, 13SUE,OPPORTUNITY Explein the situetion or cor��dons that created a need for your projsct or requ�t. ADVANTAOES IF APPROVED • Indicate vvhethsr this is simpy an annual bud�st procedure roqufred by law/ chutsr or whsther thero a»spaciflc in which the City of 3efM Paul and ks citizens will bsnsflt trom Mis pro�tlection. DISADVANTA(iES IF APPROVED What negative effects or meyor changes to existing or pest proc�ees mi�M thia projecUrequest p►oduce ff ft is passed(e.g.,traffic delays, ndae, tax incrosaes or es�sert�snts)?To Whom?Whsn?For how long? DISADVANTAQES IF NOT APPROVED UVhat will be ths nepative c�quenc;es if the promised action is not a approvsd?inabiNty to deliver a•rvice?CoMinued high traffic, noise, accidsM rate?Las of rownue? ' FlNANqAL IMPACT ARhough you must tailor the information you provide here to the issue you aro.addreseing, in peneral ycw must answer two qusstions: Han much is h poiny to cost?Who is gdny to pay? Qo—/� ,� �, _ � J -��"��'�� C�22�? ,�i,�c� �z�� -� 1�203� �.PP�oP .L� �'1�w� ��,Q �}-�'o�z- StJ�.� - � �� ^ ^7 �s�� 7�S�s' � z_-- /� _� ^ �� St� � `T�� U � , �,o�o �}S��vno ��sz{�- S Sl�S�S` _ __ r��.,,.��c•�t ��': _ _ .. ._. b � '�1 �f� ,�7(,�`E's� �� 4�� ;� �i 0� --`' � �'�b Q� ��D�o, �ia 4� , � �,, -��, 5 �,c 5��' �q��'' �� °?l�� -r�.i,o /H�,�,aQ�� l� � � . �1..�� J t-- � .,X �� .� ,� x. , ... �� z- ?�� qv-�1�7 �o�`'** °•� CITY OF SAINT PAUL ; o � DEPARTMENT OF POLICE � ui�nm . `v� �� e' Wm.W.McCutcheon,Chief of Police ,..• 100 East Eleventh Street Saint Paul,Minnesota 55101 James Scheibel 612-291-1111 Mayor `TUn� �9� ]�990 �ay�r Jame� Scheibel 347 City Hall �t. Pau.l, MN 55�22 Mayar Scheibel: The purpose di this letter is to .apprise you of the status of the proposed Southwest Team site. A].1 �f the planning steps wi�h the concerned city agencies and cammunity groups have be�n completed. The architectural plans and specifications have been drawn ancl bids accepted. The lowest bid of $512,000 exceeds the architect' s construction estimate of $451,000 by $61,04�. The remaining $29,OOQ was spent on architect fees. In discussing this estimating error with the project' s head architect from TKDA, he simplg stated "we goofed" . In seeking a solution to this problem, I in conjunctian with your E�ecu�tive Assistance Marcia Keller and members of the budget .�taff, am proposing a transfer of funds from a spECial police fund to this project's CIB account. The funding would come from police special projects funds for Special In�estigations ar_tivities (436-34120) narcotic seizures. A copy of the signed budget resolutian is atta�hed. This is an entirely appropriate use of these funds and is ideally suited for a capitaZ proj ect as it can't be used as part af the operating budget. I have attached a copy of the pertinent statutes which delineate usage of these funds. The transfer af $71,545 will give us a small reserve for cnntingency purposes and any remaining amount would be used to enhance landscaping a� the site. I think it is important to note that the tatal spent will still be well under the $713,00� grice tag of a different bixilding site that w�s under consideration at the start of this project. This building would require extensive remadelling and was at a location inferior to the one chosen. , ��v-��.�� Mayor Scheibel June 29, 1990 Page Two Because our present lease at the Edgcumbe Schaol expires in November it is important that this project be expedited as quickly as possible. I would like to ask Councilmember Bob Long to visit with Council President Bill Wilson and the rest of the Council on this matter. I would further ask that he put this matter on the Council' s consent agenda for Tuesday, July 10, 1990. In discussing this matter with Tammy Eichinger, Budget Analysis IV, I expect to have the recommendation of the CIB Committee available at that time. Please let me know if there is any other information needed. Sincerely, � �� . C �� CHIEF O�' POLI�E WWMcC:nj Attachment cc: M. Keller T. Dimond R. Goswitz R. Long P. Maccabee J, Rettman D. Thune Wv Wilson x -. . . .,.:. . ,:�at_�..—n+�.,.��+'r.�.�+�aerr�::�J.�.i:Cl'-...� _ ..... .._._—__. ........ ��w�: �yo,�`�� b , ::�: =�' ,ozo� c�n►mv,�,cnnE oF��.s3i� :=;=1 �on ��. • (3) in the case of cc�ntrolled substances,require the state board of pharmacy to take +��` castody of the property and remove it to an appmpriate location for disposition in ��s, accordance with law;and ,tha (4) take other steps reasonable and necessary to secure the property and prevent �Pa waste. Subd. Sa. Bond by mvner for pussession. If the owner of property that has been - - seized under sections 609.531 to 609.5316 seeks possession of the property before the an�:-�" ' forfeiture action is determined,the owner may,subject to the approval of the appropri- !1� 609 . ate agency,give security or post bond payable to the appropriate agency in an amount sion 1 or: l� e9ua!to the retail value of the seized pmperty. On posting the security or bond, the � ;� �a�� seized property must be retumed to the owner aad the forfeiture action shall proceed , m 1,clawewi, a8ainst the security as if it were the seized property. This subdivision dces not apply ' i2;609.52 * to contraband property. ;' k :. 95;6E)9 63�, � Subd. 6. [Repealed, 1988 c 665 s 17j .88;6(�9,;8� , Subd. 6a. Fodeitare a dvil procedur�oo�Ticlion resolts in presumption. (a)An �.a�3 action for fodeiture is a civil in rem action and is independent of any criminal subdivas�o� :: prosecution,except as provided in this subdivision. The appropriate agency handling � the forfeiture has the benefit of the evidentiary presumption of section 609.5314, ,y construed <;,, subdivision 1,but otherwise bears the burden of proving the act or omission giving rise to the forfeiture by clear and convincing evidence, except that in cases arising under section 609.5312, the designated offense may only be established by a felony level � � criminal conviction. � ; { (b) A court may not issue an order of forfeiture under section 609.5311 while the '' ' alleged owner of the pmperty is in custody and related criminal proceedings are '• °�a�`'i�'� pending against the alleged owner. For forfeiture of a motor vehicle,the alleged owner � ;;� is the registered owner according to records of the department of public safety. For real � �erty to law property, the alleged owner is the owner of record. For other pmperty, the alleged owner is the person notified by the prosecuting authority in Sling ihe forfeiture action. :� History: 1984 c 625 s l; 1985 c 160 s 2; 1Sp1985 c 16 art 2 s IS; 1986 c 351 s 17; /1986 c 444; 1986 c 446 s 4; 1987 c 267 s 2,• 1988 c 665 s 5-10; 1988 c 712 s 8 609.531 W ' / y any courc �`' V 6095311 FORFETTURE OF PROPERTY pSSOCIpTED vVTfH CONTROLLED � ' ocess if : SUBSTANC'E.S. I r ,� .� Subdivision l. Controlled sabstances. All controlled substances that were manu- �nt in favor _ fa��d,distributed,dispensed,or acquired in violation of chapter 152 are subject to 3� apter,or forfeiture under this section,except as provided in subdivision 3 and section 609.5316. occasioned Subd. 2. Associated property. All property,real and personal,that has been used, ,� tion of the or is intended for use,or has in any way facilitated,in whole or in part,the manufactur- ing,compounding,processing,delivering,importing,cultivating,exporting,transport- � ' i felony;or in8,or exchanging of a controlled substance that has not been lawfully manufactured, distributed,dispensed,and acquired is subject to forfeiture under this section,except as provided in subdivision 3. the oounty Subd. 3. I.imitations on forfeitare of certain PmPerty associatcd with oonh�olled s is reason- � _��, �a�A conveyance device is subject to forfeiture under this section only if ' ffie retail value of the controlled substance is$500 or more. '��' � � '� (b) Real ro 509.531 to P Perty is subject to forfeiture under this section only if the retail value r omission � of the oontrolled substance is$5,000 or more. �609.5316 � ��) P�PertY used by any person as a common camier in the transaction of business ate�encY � �a��►on carrier is subject to forfeiture under this section only if the owner of the ;forkiture Property is a consenting party to,or is privy to,the use or intended use of the property : ,f as described in subdivision 2. �� -= (d) Property is subject to forfeiture under this section only if its owner was privy � 3;"' �,�-� to the use or intended use described in subdivision 2,or the unlawful use or intended � ;�� ' ,� use of the property otherwise occurred with the owner's knowledge or consent. ; � � ., � ��o-��s� � 609.5311 CBIIOIINAL CODE OF 1963 10208 102� fi: (e) Forfeiture under this section of a conveyance device or real property encum- (1) all money, p bered by a bona fide security interest is subject to the interest of the secured party unless (i) controlled su the secured party had knowledge of or consented to the act or omission upon wluch the (ii) forfeitable d forfeiture is based. A person claiming a security interest bears the burden of establish- lu forfeitable � ing that interest by clear and convincing evidence. � � and (fl Notwithstanding paragraphs (d) and (e), property is not subject to forfeiture _ :""; (2) all conveyan based solely on the owner's or secured party's knowledge of the unlawful use or � - agpp or more. intended use of the property if the owner or secured party took reasonable steps to (b) A claimant c term�nate use of the property by the offender. Subd. 2. Admi� Subd. 4. Records; proceeds. (a) All books, records, and reseazch products and ��sion 1 is go` materials,including formulas,microfilm,tapes,and data that are used,or intended for ��nable time afte use in the manner described in subdivision 2 are subject to forfeiture. interest in seized pra (b) All property, real and personal, that represents proceeds derived from or property. In the cas� �� traceable to a use described in subdivision 2 is subject to forfeiture. notice mailed by cer History: 1988 c 66S s 11 txords is deemed su given in the manner 6095312 FORFETTLTRE OF PROPERTY ASSOCIATED WTTH DFSIGNATED notice must be in wr OFFENSFS. (1) a descriptioc Subdivision 1. Property sabject to forfeitore. All personal property is subject to (2) ihe date of s forfeiture if it was used or intended for use to commit or facilitate the commission of (3) notice of the a designated offense. All money and other property, real and personal,that represent (4) notice of the proceeds of a designated offense,and all contraband property,are subject to forfeiture, Substantially the except as provided in this section. ''� NOT DEMAND JUl Subd. 2. Limitations on fodeitnre of property associated with designated offenses. ° TA STATUTES, SE� � (a)Property used by a person as a common carrier in the transaction of business as a " TO A JUDICIAL D. common carrier is subject to forfeiture under this section only if the owner of the ; pNy RIGHT YOU property is a consenting party to,or is privy to,the commission of a designated offense. Subd. 3. Jadici (b) Property is subject to forfeiture under this subdivision only if the owner was �; of seizure and forfeit� privy to the act or omission upon which the forfeiture is based,or the act or omission >,; determination of the occurred with the owner's knowledge or consent. ' and must be filed w (c) Property encumbered by a bona fide security interest is subject to the interest � �., occurred, together w of the secured party unless the party had knowledge of or consented to the act or • attorney for that cou omission upon which the forfeiture is based. A person claiming a security interest bears ; pleading is required the burden of establishing that interest by clear and convincing evidence. county attomey's apF (d) Notwithstanding paragraphs(b) and(c), property is not subject to forfeiture fi` ' of civil procedure. based solely on the owner's or secured party's knowledge of the act or omission upon (b) The complai which the forfeiture is based if the owner or secured party took reasonable steps to °' seized property as de � teraninate use of the property by the offender. ': claimant.alleges the� History: 1988 c 665 s 12 `* �: in the property seize � return of property sei � 609.5313 FORFETTURE BY JUDICIAL ACI'ION; PROCEDURE. 8IIY Person who has b ' The fodeiture of property under sections 609.5311 and 609.5312 is govemed by ' �CO�pli�� this section. A separate complaint must be filed against the property stating the act, (c) If the claima omission,or occurrence giving rise to the forfeiture and the date and place of the act subdivision,the appr or occurrence. The county attorney shall notify the owner or possessor of the propeRY anbdirision 6a of the action,if known or readily ascertainable. The action must be captioned in the -, His�ory: 1988 c i name of the county attomey or the county attorney's designee as plaintiff and the �� property as defendani ��9.S31S DISPOST History: 1988 c 66S s 13 �'�� -.� Subdivision 1. 1 -.#hat the property is s 609.5314 ADMINLSTRATIVE FORFETTURE OF CERTAIN PROPERTY SEIZED �-' (1) sell property IN CONNECTION WITH A CONTROLLED SUBSTANCES SEIZURE. ��e public and distril Subdivision 1. Property sabject to administrative forfeitnr�presnmpdon. (a)The .' (2) take custody following are presumed to be subject to administrative forfeiture under this section: law; g. , G� qo/��' � - �� I !0 102p9 CRIMINAL CODE OF 1%3 6095315 �u� � (1) all money, precious metals,and precious stones found in proximity to: ��` �� (i) oontrolled substances; '�,ssion upon whicy y (u) forfeitable drug manufacturing or distributing equipment or devices;or �burden of est�b • � �' (iii) forfeitable records of manufacture or distribution of contmlled substances; subject to forfei � �d �e ��w �' (2) all conveyance devices containing controlled substances with a retail value of ; reasonable �� 5500 or more. � tO"' (b) A claimant of the property bears the burden to rebut this presumption. search prodncts�dµ'�' Subd. 2. Administrative forfeiture procedare. Forfeiture of property described in ised,or intended for� subdivision 1 is governed by this subdivision. When seizure occurs, or within a � iture. _ reasonable time after that, all persons known to have an ownership or possessory � �ri�� m � � t interest in seized property must be notified of the seizure and the intent to forfeit the � � property. In the case of a motor vehicle required to be registered under chapter 168, ' notice mailed by certified mail to the address shown in department of public safety ,� 'I records is deemed su�cient notice to the registered owner. Notice may otherwise be ° given in the manner provided by law for service of a summons in a civil action. The : [Ti DESIGNATEp tt: notice must be in writing and contain: �. ' � (1) a description of the property seized; ' ° , t 'oPerty is subjoct to (2) the date of seizure; , ` the commission of `� ,. � � �� t R (3) notice of the ri g ht to obtain judicial review of the forfeiture;and �. ; ' �� . (4) notice of the proc.edure for obtaining judicial review of the forfeiture. ! ; ubject to forfei s.., Substantiall y the followi n g lan g u a ge must a p p e a r cons picuousl y: "IF YOU DO ��' NOT DEMAND JUDICIAL REYIEW EXACTLY AS PRESCRIBED IN MINNESO- ' + on o�f abu�s'�ness� - TA STATUTES, SEGTION 609.5314, SUBDIVISION 3, YOU LOSE THE RIGHT � f mess T O A J U D I C I A L D E T E R M I NA T I O N O F T H I S F O R F E I T U R E A N D Y O U L O S E �� P the ow+ner of th� � pNy RIGHT YOU MAY HAVE TO THE ABOVE DESCRIBED PROPERTY." � � designated offense r ' .,; y if the owner wes � Subd. 3. Jadicial determinadon. (a)Within 60 days following service of a notice he act or omission of seizure and forfeiture under this section,a claimant may file a demand for a judicial determination of the forfeiture. The demand must be in the form of a civil complaint ' and must be filed with the court administrator in the county in which the seizure , � ,� iect to the interest . occurred, together with proof of service of a copy of the complaint on the county ited to the act or J; attorney for that county, and the standard filing fee for civil actions. No responsive ' ; � irity interest}�eara pleading is required of the county attorney and no court fees may be charged for the i '. � dence. county attorney's appearadce in the matter. The proceedings are governed by the rules ;: ; i bject to forfeitut� ;, of civil procedure. f or omission upon (b) The complaint must be captioned in the name of the claimant as plaintiff,the ' asonable steps to � seized property as defendant,and must state with specificity the grounds on which the � claimant alleges the property was improperly seized and stating the plaintiffs interest + in the property seized. Notwithstanding any law to the contrary, an action for the ' � retum of property seiaed under this section may not be maintained by or on behalf of ,�� {� .. any person who has been served with a notice of seizure and forfeiture unless the person � � ' 2 is governed by : has complied with this subdivision. y stating the act, ;; (c) If the claimant makes a timely demand for judicial determination under this� l place of the�et subdivision,the appropriate agency must conduct the forfeiture under section 609.531, , , �r of the property ` subdivision 6a. � captioned in the ;� History: 1988 c 66S s 14 plaintiff and t1�e :� _ 609.5315 DLSPOSTTION OF FORFETTED PROPERTY. -;-� :`` Subdivision 1. Disposidon. If the court finds under section 609.5313 or 609.5314 ; - ��' ' =� that the property is subject to forfeiture, it may order the appropriate agency to: 'ERTYSFIZB� y �� • � . (1) sell property that is not required to be destroyed by law and is not harmful to the public and distribute the proceeds under subdivision 5; ��• �� (2) take custody of the property and remove it for disposition in accordance with er this'ootioa;i;:: law; �-� .:�� ...�wm»- -�:::-..¢. ,.�::-�;_..r.++ve.r�r.,.:.'.Tr..^.am^!'4MOORYs"v..-...,_..��..�._,.......,.�.:-�'^". �T�%�".Y7""s... ... . .. :... .. .. ��' ��7 i ',' 6A9.S315 CRIMINAL CpDE OF 1963 -10211 10210 j ' (3) fo�ward the property to the federal drug enforcement administration; �:. 609.532 ATTACH �� M (4) disburse money as provided under subdivision 5; or Subdivision 1. , (S) keep property ather than money for o�cial use b y the agency an d t he prosecut_ court may issue an y ing agency. a ll o f t h e f u n d s o r � Subd. 2. Disposidon of administrxtivety for[eited property. If propert y is fodei t e d behalf of an accou� ! a d m i n i s t r a t i v e l y u n d e r s e c t i o n 6 0 9.5 3 1 4 an d no demand for judicial deternunation is �,� Su b d. 2. App � made,the appropriate agency may dispose of the property in any of the ways listed in - �r � �$�ion must c ;� subdivision 1. � (1) a copy of a ;+ Subd. 3. Use by law enforcemen� Property kept under this section may be used a1leSes the commis ��, on1Y in the performance of o�cial duties of the appropriate agency or prosecuting � (2) a statemen • agency and may not be used for any other purpose. Proceeds from the sale of properry commission of the kept under this subdivision must be disbursed as provided in subdivision 5. (3) identificati Subd. 4. Distribation of proceeds of the ofl'ense. Property that consists of proceeds : number. derived from or traced to the commission of a designated offense must be applied first Subd. 3. Issa to payment of seizure,storage, forfeiture, and sale expenses,and ta satisfy valid liens that the account h� against the propercy; and second, to any court�rdered restitution before being dis- of the account hold bursed as Pr�rided under subdivision 5. as a result of the cc Subd. 5. Distribation of money. Seventy percent of the money or proceeds from account holder's fu the sale of forfeited property, after payment of seizure, storage, forfeiture, and sale offense,the court n expenses,and satisfaction of valid liens against the propercy,must be forwazded to the holder s deposited appropriate agency for deposit as a supplement to its operating fund or similaz fund �sPo�of until f for use in law enforcement,and 20 percent must be forvvarded to the county attorney Subd. 4. Da1 or other prosecuting agency that handled the forfeiture for deposit as a supplement to this section,a finaz its operating fund or simitar fund for prosecatorial puiposes. The remaining ten �. by the order to be percent of the money or proceeds must be forwarded within 60 days after resolution � Subd. 5. Reb of the forfeiture to the state treasury and credited to the crime victim and witness have a hearing to account established under section 609.101. Any local police relief association orga- �� or part of them. nized under chapter 423,which received or was entitled to receive the proceeds of any (b) The accou sale made under this section before the effective date of Laws 1988, chapter 665, sections 1 to 17, shall continue to receive and retain the proceeds of these sales, (1) that the ac History: 1988 c 665 s I S - ing that, upon con : restitudon to victi 609.5316 SUMMARy FpRFE1TUitFS. (2) that there Subdivision 1. Contraband, If the ro r in the alleged offe. summarily forfeited and either destroy� oreus�e,dl b�the a pr�opna e agency+ for aw ' completerestituti enforcement purposes. Subd. 2. Conh+olled snbstanoes. (a)Controlled substances listed in schedule I that " has depots ted all t �� are Possessed, transfe , rred, sold or offered for sale in violation of chapter 152, are � (5) that the fi 1 contraband and must be seized and summarily forfeited. Controlled substances listed s in schedule I that are seized or come into the possession of ` (c) It is not g peacc o�cers, the owaers �+OZen do not con � of which are unknown, are contraband and must be summarily forfeited. : (b) Species of plants from which controlled substances in schedules I and II may a�on of the allegec � be derived that have been planted or cultivated in violation of chapter 152 or of which Subd 6. Dis the owners or cultivators are unkno�,,,n, or that are wild , ��, '� or a lesser offense, summarily forfeited to the state. The a �°�hs' may be seized and of the offense. T'!: seize the lants if the pprOpriate agency or its authorized agent may � }¢rozen funds or a p Pei'son in occupancy or in control of land or premises where the � . Pl�ts a�'e growing or being stored fails to produce an appropriate registration or proof ,�' (b) If the acc that the person is the holder of a ro riate �SSUe an order rel � `� PP P registration. ,,, � + Subd. 3. Weapoos. Weapons used ai,e contraband and must be summarily � Subd. 7. 'Iti , forfeited to the appropriate agency upon conviction of the weapon's owner or possessor date of the co� ? for any offense of this chapter. Notwithstan ��in writing u ` ; be forfeitod without a conviction under section�s 609,531do 609.5315.�ns used may `` �'� Subd. 8. N� I Hlatory: 1988 c 66S s 16 `t�is section,the� - �Y' oa�address o� �,� ..� 1�' �. I Covncil File # _ �Q-//�� Green Sheet � � RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented ey Police Referred To Committee: Date BE IT RESOLVED, By the Council of the City of Saint Paul, upon r.ecommendation of the Mayor and advice of the Long-Range Capital Improvement Budget Committee, that�the Capital Improvement Budget, as heretofore adopted and amended by �his Council, is hereby further amended in the following particulars: Current Amended Fund Activity Project Appropriation Change Appropriation C90 4P002 SW Team Police -0- +71 ,545 71 ,545 Richard Gehrman Stacy Becker Finance & Management Services Budget Director eas Nava Abeent Requeated by Department of: n osr+ �ong �lacca ee et man une z son BY� Adopted by Council: Date Form Approved by City Attorney � Adoption Certified by Council Secretary gY: BY= �pproved by Hayor for Submiasion to �ipprov�d by Mayor: Dat� Council ey: By: