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HomeMy WebLinkAbout10.17.94 Council Packet AGENDA COUNCIL MEETING REGULAR OCTOBER 17, 1994 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. APPROVE AGENDA 4. CITIZENS COMMENTS (5 minute limit per person for items not on agenda. ) 5. CONSENT AGENDA (All items approved in 1 motion, no discussion, unless anyone wishes an item removed for discussion. ) a. Approve Minutes - 10/3/94 - Regular; 10/4/94 - Special b. Approve Pine Knoll Driveway Agreements c. Approve Pine Knoll Change Order - Project 88-4 d. Approve Pay Estimate #1 - Oak Street - Project 94-1 e. Approve Oak Street Driveway Agreements f. Approve Request for Reimbursement - Dak. Co. Lumber Sewer Back Up g. PULLED h. Approve Agreement with SWCD for Erosion Control Inspection Services i. Approve Agreement for Installation of Monitoring Wells on 4th Street j . Approve Request to Proclaim 10/23 - 10/29 as Violence Free Week k. PULLED 1. Adopt Resolution Authorizing Use of Eminent Domain - SE Sanitary Sewer m. Approve School/Conference Requests - Fire Marshal n. Approve Rescue Squad Policy Amendment o. Approve School/Conference Request - Administration p. Approve Towing Contract Advertisement for Bids q. Approve Placement of Stop Sign at 6th and Spruce Streets r. Approve List of Items for City Auction s. Approve Reimbursement of Costs- South Suburban 1st Addition t. Adopt Blood Borne Pathogen Policy u. Adopt Resolution Adopting 1995 Fire Pension Request v. Approve Payment of the Bills 6. PUBLIC HEARINGS/AWARD OF CONTRACTS 7. PETITIONS, REQUESTS AND COMMUNICATIONS a. Adopt Resolution/Receive Petition - Traffic Control Study b. Request for Funding for Bleachers - ISD 192 8. ORDINANCES AND RESOLUTIONS 9. UNFINISHED BUSINESS a. Update SE Sanitary Sewer Trunk/East Farmington PUD/Prairie Waterway 10. NEW BUSINESS a. Fire Station Expansion 11. MISCELLANEOUS 12. REPORTS FROM COMMISSIONS, COMMITTEES, COUNCILMEMBERS 13. UPCOMING MEETINGS a. October 24 , 1994 b. November 10, 1994 14. ADJOURN r AGENDA REQUEST FORM Item No. 5 f Name: Torn Kaldunski (fi) Department: Public Works Date: October 7 , 1994 Meeting Date: October 17 , 1994 Category: Consent Subject: Approve Request for Reimbursement of Costs - Sewer. Service Explanation: Dakota County Lumber has requested reimbursement of costs associated with sewer backups related to recent work conducted on the service line by the Public Works crew. Reference Material/Responsibilty Memo — Tom Kaldunski Referred To: (Name) Department Larry Thompson Administration Wayne Henneke Finance Torn Kaldunski Public Works Jerry Bauer Public Works Signature MEMO TO: MAYOR AND COUNCIL SUBJECT: REQUEST FOR REIMBURSEMENT - DAKOTA LUMBER'S SANITARY SEWER SERVICE DATE: OCTOBER 12, 1994 Attached is a request that I received from Dakota Lumber. They are seeking reimbursement of $319.50 of their expenses related to a problem with their sanitary sewer service. The City Coun- cil had previously agreed to insulate the service line on the Pine Street right of way. The prob- lems that occurred in September were a direct result from the insulating work done by the City crews. It is my recommendation that the City Council approve reimbursement in the amount of$319.50. Thomas J. Kaldunski, P.E. Director of Public Works/City Engineer cc: file Larry Thompson Wayne Henneke TJK Jerry Bauer y / Dakota County Lumber Co. 28 Eighth Street • P.O.Box 33 Farmington,MN 55024 (612)460-6646 /' September 27, 1994 City of Farmington Street & Sewer Department 325 Oak Street Farmington, Minnesota 55024 Dear Sirs: The following charges were accrued as a result of the City of Farmington digging up the sewer line at Dakota County Lumber to insulate it. This was agreed upon by the City at an earlier date. As a result of the work done, the sewer pipe was broken and Dakota County Lumber was the one that had to prove the line was broken as a result of the City's work. Consequently our time and effort was needed to establish whose responsibility the problem was. Our time was spent locating cleanouts, digging them up and running a snake through the sewer pipe. Also, calling Roto Rooter and supervising his work. Not to mention the inconvenience factor. I feel the City should compensate Dakota County Lumber for these chargers . Sincerely, Steve Finden Dakota County Lumber Company TOTAL CHARGES: $319.50 See Attached I, 4N. NO -J 2 1 IN. • C)/ 44 0 ED 5 0 .4. Cli . c., c >. iii cc uj 0 9) -1 Ir 1... ju s‘.1. "-N tl ev S...C...4 z (i) ,..1 b a g 4 _44 ' I'1 () ) S‘ 0 0 0 < cc .4 I: a 4.....e 4 et "ct z ix . t N, - o V) v N cT, a3 D W 11.1 CC N ''' 0 CC 0 2 .114* ,. 5 Eft EA (ft 40, 44.4.4 ,... LU 0 1.4 „74' .4%. % Z 41...... 1 ,(n gPV... LJJ < Ca:L5 CC 0 0 ,_j ,t '4•1 N' II NC.) Z Ns .--. I------,- 5 > CI 2 w IX tSI El) E 60•..1-u — a. L. I-1 >e ri 15 ca,g- 9- % u:, .,..,- -+ t m cc 1 I.- < I- t" a).0 -: e' ° 1:` ..e.... 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Simpson CEDARPRO® PALCO = 1�g Top Deck Redwood Incense Cedar Architectural Quality Redwood Western Red Cedar I AA Phone 612/425-1400 // CANTON TOLL FREE NATIONWIDE 1-800/328-9494 A1 / , LUMBER COMPANY TOLL FREE MINNESOTA 1-800/652-9788 A. FAX 612/425-0582 P„ Prothro Sper dis Since».3o”t 9110 83rd Avenue North,Minneapolis,MN 55445-2197 Mail Address: P.O.Box 9328,Minneapolis,MN 55440-9328 • M AGENDA REQUEST FORM Item No. 5i Name: Tom Kaldunski Department: Public Works Date: October 7, 1994 j27,01.AAAfr Meeting Date: October 17, 1994 Category: Consent C�'x Subject: Approve Agreement for Monitoring Wells on 4th Street Explanation: The City has been asked to grant permission to install some monitoring wells in street right of way at 4th and Pine Streets for a local property owner to review potential contamination. Reference Material/Responsibilty Memo/Agreement - Tom Kaldunski Referred To: (Name) Department Larry Thompson Administration Wayne Henneke Finance Tom Kaldunski Public Works Development Committee J Signature MEMO TO: MAYOR AND COUNCIL SUBJECT: APPROVE AGREEMENT FOR MONITORING WELL DATE: OCTOBER 11, 1994 The City has received a request from Mr. Edward Gieseke to install several monitoring wells on the right of way of 4th Street next to his property (formerly Marigold Cheese Store; a gas station at one point) . Mr. Gieseke has hired a consulting firm to conduct an environmental study. It is my recommendation that the City approve this agreement. The tentative start date is October 17 , 1994. Thomas J. Kaldunski City Engineer cc: file Larry Thompson Development Committee 027 October 11 , 1994 Edward Gieseke 4719 220th St. W. Farmington, MN 55024 Re: Installation of Proposed Monitoring Wells Dear Mr. Gieseke, Enclosed you will find 2 copies of an agreement between the City of Farmington and you regarding the installation of 2 monitoring wells on City street right of way at 28 4th Street. The City is willing to grant you permission to install the wells on the 4th Street right of way with the understanding that you will be responsible for all costs associated with the installation. Please provide me with a copy of the results from your investigation and monitoring. ,z2„,„ Thomas J. Kaldunski City Engineer cc: file Larry Thompson Wayne Henneke TJK Cillj Fa tiKg64t 325 Oak Shut • Fwu.wgiu. if(K 55024 • (612) 463-7111 r\ PROPERTY OWNER/WELL OWNER AGREEMENT As stated on the Minnesota Department of Health Monitoring Well Permit Application: If the well owner-is not the property owner, Minnesota Statutes, Chapter 1031.205 requires that "A person may not construct a monitoring well on the property of another until the owner of the property on which the well is to be located and the well owner sign a written agreement that identifies which party will be responsible for obtaining maintenance permits and for sealing the monitoring well". The purpose of this agreement, to be signed by both the well owner and the property owner, is to identify that Edward Gieseke is the owner of well # and #_ and will be responsible for obtaining maintenance permits and for sealing the well. Well Owner: Signature Date Print or Type Name and Title Property Owner: /v 5/5 y Signature Date /76,01-.s 4cee., 4,3 1 a edir, 7),,4 Print or Type Name and Title l l 4 d1.44/ /ry r 3NI-1 A.Lei3dO?ld -- _ I GP-5 • GP-1 • J GP-4 • F- w L F- cn I I M 71- L.7 L 28 4TH STREET CEMENT 1 GP-3 1 GP-2 KEY ❑ 5 10 20 • GP C,EOPR❑BE B❑RING. LOCATION "'t" "', ar►11 tdsnc 'Jig '. SCALE 1' = 10' BORING L❑CATION MAP - AUG - 94 28 4TH STREET FARMINGTON, MINNES❑TA NOVa 2 M94-729 Environmental Services, Inc. AGENDA REQUEST FORM I Item No. 5j Name: Larry Thompson Department: Administration p Lig Date: October 13, 1994 Meeting Date: October 17, 1994 Category: Consent Subject: Approve Dakota County Request to Proclaim 10/23-10/29 as Violence Free Week and 10/27 as Turn off the Violence Day Explanation: Reference Material/Responsibilty Proclamation Referred To: (Name) Department Signature BOARD OF COUNTY COMMISSIONERS DAKOTA COUNTY, MINNESOTA DATE October 4, 1994 RESOLUTION NO. 94-750 Motion by Commissioner LOEDING Seconded by Commissioner TURNER WHEREAS, the citizens of Dakota County recognize that violence is an issue that affects their daily habits,their youth and families and their overall quality of life in neighborhoods, communities, schools and workplaces; and WHEREAS, it is believed that people of all ages have the power and responsibility to help reverse the growing threat of violence by educating themselves about healthy ways of resolving conflicts and responding to anger; and WHEREAS, the Dakota County Board of Commissioners has identified violence prevention as a significant public policy issue through the recommendations of its Human Service Advisory Committee, presented in the Prevention and Early Intervention Report, (Resolution No. 93-757 dated September 21, 1993); and WHEREAS, the Governor of Minnesota has proclaimed the week of October 23-29, 1994 as Violence-Free Week in Minnesota and a grassroots citizens coalition has established October 27, 1994 as Turn Off the Violence Day; and WHEREAS, the Dakota Council for Healthy Communities is planning public and community awareness campaigns for Violence-Free Week, October 23-29, 1994 and Turn Off the Violence Day, October 27, 1994; and WHEREAS, Dakota Council for Healthy Communities is requesting the Dakota County Board of Commissioners and city councils to proclaim this week and day in order to give visibility and support to violence prevention efforts on a countywide and community basis. NOW, THEREFORE, BE IT RESOLVED, That the Dakota County Board of Commissioners hereby proclaims the week of October 23-29, 1994 as Violence-Free Week and October 27, 1994 as Turn Off the Violence Day in Dakota County; and BE IT FURTHER RESOLVED, That the Dakota County Board of Commissioners encourages citizens to begin using Jtheir individual power and responsibility to examine ways that conflicts can be resolved positively and constructively without violent words or actions and to choose to turn off violent television programs and music, and not to go to or use violent movies and videos; and YES NO Harris X Harris Maher X Maher Bataglia X Bataglia Richards X Richards Turner X Turner Jensen X Jensen Loeding X Loeding State of Minnesota County of Dakota I, Joan L. Kendall. Clerk to the Board of the County of Dakota, State of Minnesota, do hereby certify that I have compared the foregoing copy of a resolution with the original minutes of the proceedings of the Board of County Commissioners, Dakota County, Minnesota. at their session held on the 4th day of October 19 94, now on file in the County Administration Department, and have found the same to be a true and correct copy thereof. Witness my hand and official seal of Dakota County this / 4 day of �G'Eefi / /9 9 AGENDA REQUEST FORM Item No. 5n Name: Ken Kuchera Department: Fire (Y1--1) 0 oryDate: October 6, 1994 "� (I l 1, , Meeting Date: October 17 , 1994 I Category:oY: Consent Subject: Approve Rescue Squad Policy/Requirement Amendment Explanation: Requesting Council approval of the attached amendment. Reference Material/Responsibilty Memo/Amendment - Ken Kuchera Referred To: (Name) Department Larry Thompson Administration Wayne Henneke Finance Ken Kuchera Fire )60A/L- Signature DATE: October 5, 1994 TO : Ken Kuchera, Fire Chief SUBJECT: Change to the Farmington Rescue Squad - EMS System I had spoke to Dr. Disreali, Medical Advisor to the Rescue Sqaud, about this proposed change before presenting it to the Rescue Squad and he was in full support on the change. The attached letter will explain the change that was presented and the reasoning behind the change. This change was presented to the members at our July 18, 1994 Rescue meeting. And due to the timing of meetings was not voted on for approval till our October 3, '1994 Rescue Squad meeting, at which time it was approved. • Tam asking at this time for the Councils approval of this change so the proper changes can be implimented. Also attached is page 9 of the Farmington Rescue Squad - EMS System with the appoved changes that can replace the present on. If you have any questions, please feel free to contact me with them. Thank you, Thomas E. Hemish Rescue Squad Captain c .c . Todd Kindseth, 1st Lieutenant Francis Blaha, 2nd Lieutenant File TO: Rescue Squad Members • • Fyoms Tom Hemish, Rescue Squad Captain Subjects Farmington Rescue Squad - EMS System Proposed Change Dealing with Recertification & Refresher Courses The following proposed change is due in part by the recent notice put out by the State of Minnesota, in which the State did not have the authority to put expiration dates on First Responder Certifications. Which means First Responders are not required by the State to recertify any' longer. I still feel it is very important that First Responders take a refresher course every two years to keep up with new ideas and to stay sharp on their skills and knowledge. Thus this proposed change is being presented. The Rescue Squad will vote on this change at our August 1, 1994 meeting. • Add to the Farmington Rescue Squad - EMS System, Policies and Guidelines Section I, Part 2 - Membership • Presently read: Each member must hold a current certification for either, ARA First Responder, Red Cross Advanced First Aid, EMT-Minnesota or National, or other as approved by Rescue Squad Officers. Although recertification courses will be sponsored by both Fire Department and Rescue Squad, it is each members responsibility to maintain his own certification. If members intend to recertify out of our department, prior approval must be obtained for both acceptability and payment. Proposed change to reads Each member must hold a current certification for either: AHA First Responder, Red Cross Advanced First Aid, EMT-Minnesota or National, or other as approved by Rescue Squad Officers. Although recertification and refresher courses will be sponsored by both the Fire Department and Rescue Squad, it is each members responsibility to maintain his/hers own certification. If members intend to recertify or refresh out of our department, prior approval by a Rescue Squad Officer must be obtained for both acceptability and payment. Each Rescue Squad member will be required to take a recertification or refresher course in their particular certification every two years. 1 MEMO TO: MAYOR AND COUNCIL SUBJECT: AMENDMENT TO RESCUE SQUAD POLICY DATE: OCTOBER 6 , 1994 The change proposed has met the approval of the Rescue Squad members. Although the First Responder refresher/certification is not presently required by State Law, I strongly agree this has to continue to provide skilled EMS response to the City and the contracted service areas. I have attached the proposed change and a memo from Tom Hemish, Rescue Squad Captain. b 1_ ALL Ken Kuchera Fire Chief cc: Larry Thompson Wayne Henneke Tom Hemish Todd Kindseth Francis Blaha file '-� AGENDA REQUEST FORM Item No. 5p Name: Daniel M. Siebenaler /n _ .,: Department: Police ` October 5 , 1994 Date: Meeting Date: October 17 . 1994 (9‘s -'"/) _AfIr Category: Consent Subject: Towing Contract Advertising for Bids Explanation: Request authorization to seek bids for towing contract. Reference MateriallResponsibilty Memo Note: Memo will be presented on Monday evening. Referred To: (Name) Department Larry Thompson City Administrator Wayne Henneke Finance Director Signature . phoy , , , 07 . _,_ 4,4;Jri,„ MEMO T0: Mayor and Council A . 1°)AP -,‘i#72f jt,..:-- SUBJECT: Towing Contract �.v+r \ 1 �) DATE : October 17, 1994 �� '-' P - 1.7‘ 1 / It has come to my attention that the towing contract for the City has expired . I am requesting authorization to advertise for bids for a new contract . The advertisement would run for two consecutive weeks with bids accepted through November 4, 1994 . I will forward a recommendation at the second meeting in November . If you have any comments or questions , feel free to contact me at your convenience . Daniel M . Siebenaler Chief of Police DMS/m AGENDA REQUEST FORM Item No. 5q 4.9 Name: Daniel M. Siebenaler Pck"--7 Department: Policej 0l Date: October 5 , 1994 ,/ Meeting Date: October 17, 1994 Category: Consent 777- Subject: Placement of Stop Signs Explanation: Request authorization to replace yield sign with a stop sign at 6th and Spruce Streets. Reference Material/Responsibilty Memo Referred To: (Name) Department Larry Thompson City Administrator Wayne Henneke Finance DIrect❑r Tom Kaldunski Public Works Director A Signature MEMO TO: Mayor and Council SUBJECT: Stop Sign - 6th & Spruce DATE: October 11, 1994 We have received a Citizen Action Request for stop signs at 6th and Spruce Streets to replace existing yield signs, due to the increased number of accidents at that location. I have reviewed our reports of accidents at that intersection. Our computerized records go back as far as 1986 . Between 1986 and 1993 we show only one traffic accident at 6th and Spruce . As you may recall Spruce Street was reconstructed in 1991 . Since January of 1994, there have been five (5) accidents at this intersection, all of which were violations of the yield signs . At this time, I am requesting authorization to replace the yield signs at 6th and Spruce with stop signs . If you have any comments or questions, feel free to contact me at your convenience. \ 4041110. Daniel M. Siebenaler Chief of Police DMS/m AGENDA REQUEST FORM Item No. 5r Name: Daniel M. Siebenaler � b Department: PoliceO 'PLV Date: October 5 , 1994 Meeting Date: October 17 , 1994 Category: Consent Subject: Auction - October 29 , 1994 Explanation: Approval of list of items to be sold at the City Auction Reference Material/Responsibilty Attached list Referred To: (Name) Department Larry Thompson City Administrator Wayne Henneke Finance Director Dept . Heads Signature MEMO TO: Mayor and City Council SUBJECT: City Auction DATE: October 7, 1994 L. The City of Farmington has not held an auction of unused property in three years . As you can imagine, there has been a substantial accumulation. In addition, The Police Department prevailed in a forfeiture case involving household property. I am requesting authorization to conduct a public auction on October 29, 1994 at 10 : 00 A.M. The auction will be held indoors at the Dakota County Fairgrounds . I have contacted Earl Schlegel of Schlegel Auction Service to organize and advertise, as well as act as Auctioneer. The auction will be advertised for two consecutive weeks in The Farmington Independent pursuant to State Law. Due to the size of this auction and in the interest of the largest attendance, I am suggesting publication in other area newspapers (Life & Times, Tribune) and an Auction Bill . I have attached a copy of the list of property to be auctioned. This list has also been forwarded to Schlegel Auction Service. Ae Daniel M. Siebenaler Chief of Police ]SMS :t s Attachments : Property List County Atty memo re disposal of forfeiture assets . Request to retain cettain property for Police use . FURNITURE Four office chairs Five desks Four sofas Many banquet tables Coffee table End tables Computer tables Table lamps Kitchen table and chairs Two plush recliners VEHICLES (as is) 1989 Ford Crown Victoria, PL, PW 1973 Chevrolet 1-Ton Dump Truck 1987 Ford Crown Victoria 1969 International Step Van with Generator Suzuki Motor Cycle BICYCLES (All subject to prior claim) Eleven 20" Boys and Girls Twenty-five Full size COMPUTERS IBM PC Model 5151 with hard drive, keyboard and printer IBM XT 640K RAM, 4MHz - 32MB Hard Drive PC Express 286, 10MHz, 640K RAM 32MB Hard Drive IBM AT 286, 8MHz 640K RAM 32MB Hard Drive IBM PC 20MB Hard Drive VTI PC Turbo 55 with keyboard and monitor COMPUTER SOFTWARE Dac Easy Word Noteworthy (123 Add On) Quick Pro + 11 The speller Amaray Organizer (Male) Express - Word Processor Heavy Duty Work Processor for 1-2-3 Express - List Learning DOS Microsoft - Flight Simulator EXERCISE EQUIPMENT Two Treadmills Aerobic Stair Weider Executive Trainer Machine Cross Country Ski Machine APPLIANCES Whirlpool Refrigerator/freezer Tilia Food Saver Jet Stream Oven Bissell Power Steamer Whirlpool Trash Compactor Nautilus Range Hood (30 inch) U-Line Ice Making Machine Kenmore Water Softener (New) Softserve Machine Popcorn Popper Clarke Wet Vac Clarke Scrubber Electric Space Heater ELECTRONICS Six Televisions Four VCR' s Double Play Cable Box Digital Stereo System (Modular) Stereo Receiver (BSR) Speakers (Pairs of all) Realistic DBX, BSR, Tenna, etc DMC Stereo' Sound Mixing System Mini Blind Motion Detector Video Transfer System Panasonic Cordless Phone Cobra Answering Machine Jason "Explorer" Telescope Organ Two Calculators Six Radar Detectors CB Radio Miscellaneous Car Stereo Equipment Nintendo Entertainment system DECORATOR/COLLECTOR ITEMS Many Brass Knick-Knacks Collector Plates (new in boxes) Wood Carving (4" tall man) TOOLS Pool Vac -Toro CCR 2000 Snow Thrower _ Central Machinery Belt Sander Super Winch Skill Cordless Drill with case Black & Decker Air Pump Craftsman 1/4 sheet Finishing Sander Jonsered MK-80 Cut off/Ventilation Saw with extras and case Screw Drive Circular Saw Craftsman electric miter box saw TOOLS - Continued. Trouble Light Rally Lawnmower Travelling Sprinkler Air Compressor (street type) Air compressor (Sanborn 2HP) Skate Sharpener Briggs & Stratten Engine MISCELLANEOUS ITEMS Many Video Tapes Many Audio Cassettes Many CD' s Various Silk Plants Coolers Sporting Goods Playground Equipment Fire Helmets 75 pieces of green treated lumber Many Various Knick (Snacks and Home Decoration Items SPECIAL ITEMS 11 Diamond Tennis Bracelet MEMO TO: Mayor and Council SUBJECT: Forfeited Property DATE: October 11, 1994 As you know, the City of Farmington prevailed in a forfeiture action against Marcea and William Vetscher. A substantial amount of that property has been disposed of through a civil forfeiture and Sheriff' s sale to pay restitution. The remaining property can be sold by the City. The City may sell this property at public auction or retained for use by the police department . (I have included the memorandum from the County Attorney' s Office detaining that rulings. ) If property is sold, the proceeds must be used according to the following formula. 1 . Reimbursement of expenses to the City. At this time those expenses total approximately $15, 000 . 2 . Remaining funds are dedicated to restitution to the victim. 3 . Finally, any remaining funds are distributed, 70% law enforcement, 20% County Attorney, and 10% to the State Treasury. As you can see in the attached memo, I have requested authorization to sell much of the remaining property at public auction. I am requesting authorization to retain City ownership of certain pieces of property by the police department . 1990 Dodge Shadow. This is a low mileage vehicle in excellent condition which would be used on a daily basis by the DARE Officer and the Investigator. Mita Color Copier. This is a near new color copier and would be an excellent addition to City inventory. At present there is no color copier available to the City. Bondwell Lap Top Computer. For use by Police Chief. As always, if you have any comments or questions, feel free to contact me at your convenience. Daniel M. Siebenaler Chief of Police DMS/m .Oct. 11. 1994 12: 19PM DAKOTA CO-ATTY No. 4666 P. 2/4 nn`G����� OFFICE OF DAKOTA COUNTY ATTORNEY t° JAMES C. BACKSTROM COUNTY ATTORNEY Dakota County Judicial Center Tel 1560 west Highway SS (612)4384438 Hastings.Minnesota 55033-2392 Charles A.Deemer.Chief Deputy MEMORANDUM DATE: March 29, 1994 TO: Burnsville Mayor and City Council Members FROM: James C. Backstrom, Dakota County Attorney 1C ' SUBJECT: Forfeiture Actions I have been asked by Mike DuMoulin, Burnsville Police Chief, to summarize for you the law relating to forfeiture actions, focusing specifically on the distribution of proceeds once property or currency has been forfeited. I am pleased to do so. GENERAL OVERVIEW OF FORFEITURE LAW The civil forfeiture law in Minnesota is codified in Minn. Stat. SS609.531 to 609.5318. It is a rather complex series of statutes which gives the County Attorney the right to initiate legal proceedings to obtain title to property or money used in or associated with the commission or intended commission of certain designated crimes. These crimes include all controlled substance crimes and many other felony level crimes as designated by the legislature. There are two general types of forfeiture actions: (1) administrative and (2) non-administrative. The primary ' distinction between these two types of actions is that administrative forfeitures can be initiated by merely serving a notice of the intent to forfeit the property upon, the owner or person in possession of the property. The burden is then upon the person served to initiate a civil legal action within 60 days to attempt to retain ownership of the assets seized. . Administrative forfeitures include money, precious metals, or precious stones found near controlled substances or drug manufacturing equipment or devices. Conveyance devices (primarily motor vehicles) containing a felony level of controlled substances are also subject to administrative forfeiture if the retail value of controlled substances is over $25. Guns, ammunition and other accessories are also subject to administrative forfeiture if found near a felony level of controlled substances. If challenged, the claimant bears the burden of proof that the property or assets are not subject to forfeiture. No criminal conviction is needed to pursue an administrative forfeiture. Cnminal Divlskat Juvenile anti F.x ily Services Division Civil Divttkn Robert R.King.Jr..Head Donald E.finite.Head Karen A.Schaffer.Heap Ulrcctor ut ntinlnlsrratian Vi tlmrwllness Coortllrwior Norma J.Zabel Pamela',Woken�, nn Equal Opptmurnry Employer 00,0 ,Oct. 11. 1994 12:20PM DAKOTA CO—ATTY No. 4666 P. 3/4 March 29, 1994 Page 2 Non-administrative forfeitures relate to property or assets associated with other designated felony crimes. This can include cameras, answering machines, vehicles, computers, and criminal proceeds or property purchased with criminal proceeds. Non- administrative forfeitures can include proceeds from drug related activities or other property related to illegal drug activity not found in the vicinity of any controlled substances. These types of actions must be initiated by a civil complaint filed by the County Attorney against the property. The County Attorney must serve notice of the commencement of this civil action on the owner or possessor of the asset sought to be forfeited, if known. The County Attorney bears the burden of proof by clear and convincing evidence that the property is subject to forfeiture under the law. A criminal conviction is required for all non- administrative forfeitures other than those related to drug offenses. Forfeiture actions can take anywhere from two months to over a year to resolve depending upon whether they are contested. The legislature has stated that forfeiture laws are to be liberally construed to carry out the following purposes: (1) to enforce the law; (2) to deter crime; (3) to reduce the economic incentive to engage in criminal enterprise; (4) to increase the pecuniary loss resulting from the detection of criminal activity; and (5) to forfeit property unlawfully used and acquired and divert the property to law enforcement purposes. DISTRIBUTION OF FORFEITURE PROCEEDS Minn. Stat. 5609.5315 mandates that once property or other assets are deemed to be subject to forfeiture, they shall be distributed as follows: 1. Property (such as vehicles, pagers, answering machines, etc.) may be retained by the law enforcement agency involved in the forfeiture or the County Attorney for use in the performance of official duties of the agency. Such property cannot be used for any other purpose. If later disposed of by the law enforcement agency, the proceeds must be distributed as described in paragraph 2 below. 2. Money or the proceeds from the sale of forfeited property must be distributed as follows: (a) Payment must first be made of all forfeiture related expenses, such as storage and costs of sale, and satisfaction of liens on. the property. In reference to designated offenses only (non-drug related offenses) , court-ordered restitution must also be paid before any further distribution is made. .Oct. 11. 1994 12:20PM DAKOTA CO—ATTY No. 4666 P. 4/4 March 29, 1994 Page 3 (b) Of the remaining funds: (1) 70 percent must be forwarded to the law enforcement agency for deposit as a supplement to the agency's operating fund or similar fund for use in lay enforcement; (2) 20 percent must be forwarded to the County Attorney for deposit as a supplement to its operating fund or similar fund for prosecutorial purposes; and (3) 10 percent must be forwarded to the state treasury and credited to the general fund. There has been some discussion in recent years of changing the distribution formula regarding forfeiture proceeds. The Minnesota County Attorney's Association has adopted the attached position paper in opposition to this. In addition to articulating reasons for this position, you may find this position paper valuable in that it contains further details relating to forfeiture actions and the history of this legislation in Minnesota. I hope this information has been helpful to you. JCB/sW •dmistcoefocfeic AGENDA REQUEST FORM Item No. 5u Name: Wayne Henneke l/" ` �`��� • 4 Department: Finance ()1 Date: October 10, 1994 (tr.-) Meeting Date: October 17 , 1994 Category: Consent Subject: Adopt Resolution Amending Fire Cataract By-Laws - Pensions Explanation: Reference Material/Responsibilty Wayne Henneke/Ken Kuchera Referred To:.(Name) Department Larry Thompson Administration Wayne Henneke Finance Ken Kuchera Fire War-ge444141/".. Signature Memo to: Mayor & Council Date October 11, 1994 Re Increase Fire Cataract Pension The City has received a request from the Fire Department Cataract Relief Association to increase their pension from $1450/year of service per member to $1550/year of service per member. The 1995 levy required to support this request will be $34 , 375 . The 1994 fire pension levy was $30, 567 . It is recommended to increase the pension from $1, 450/year of service per member to $1, 550 . Funding for the increase has been allocated in the 1995 Proposed Budget . ida.411,,,,zgWe."„„LL Wayne E. Henneke Finance Director c . c. Larry Thompson, City Administrator Ken Kuchera, Fire Chief file PROPOSED RESOLUTION AMENDING CATARACT BY-LAWS RELATING TO PENSIONS Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota, was held in the Civic Center of said City on the 17th day of October, 1994 at 7: 00 P.M. . Members Present: Members Absent: Member introduced and Member seconded the following: BE IT RESOLVED by the Mayor and Council of the City of Farmington that the Farmington Fire Department Cataract By-Laws are hereby amended as follows: $17458788 $1, 550 . 00/man/year This resolution adopted by recorded vote of the Farmington City Council in open session on the 17th day of October, 1994. Mayor Attested to the day of October, 1994. SEAL Clerk/Administrator DATE: July 29, 1994 TO: Mayor & City Council From: Farmington Fire Department Cataract Relief Association Subject : Association Pension Request for 1995 The Board of Directors of the Farmington Fire Department Cataract Relief Association have been meeting recently to discuss and go over the possibility of an increase in the Associations Pension. On July 25 , 1994 the Farmington Fire Department Cataract Relief Association, passed a motion to request a pension increase from $1450 . 00 to $1550. 00 per year of service, effective January 1, 1995 . Attached you will find the scheduling for this increase to $1550 . 00 . The amount of the city ' s contribution for this increase would be $34, 375 . Representatives from the Cataract are availible to discuss this subject or can be present at a upcoming Council meeting if you wish. Thank you. Respectfully submitted, aC� 641-- Thomas E. Hemish Secretary c. c. Larry Thompson, City Administrator Cataract Board of Directors File 0+- `1 SCHEDULE I-II FOR LUMP SUM PENSION PLANS STATE FIRE AID YEAR 1995 Firefighters Relief Association of Fa em int 6-to NI County of hA-Kotr9- • SCHEDULE I Computation of benefit of relief association special fund (at S/SS6 per year of service) for all members based on their years of service as active fire department members. 1 2 3 4 5 6 7 1994 1995 To End of This Year To End of Next Year F.D. Years Active Accrued Years Active Accrued Name Age Entry Date Service Liability Service Liability 1. RoAaid. !?o y c e. 5-0 /a-il- to I 3 3 5-i, /SD 1700 2. Ker. LF7 -7 / 35-,IoSO act S'y, o0 3. Ro6er1— ( 1a-io-�i3 a ! 3 ,5".S0 4. Danie-I sene,lev, 'a 3-/o-7S .A0 31,o00 . ( 5-5.0 5. 5. vIgu.s so ia-S-75" 19 A8',sgA ao �I1000 6. Se.v-ry Sau 6ev- 39 19 as ,Cg a0 I,000 7. Levi Weisbric.t- tf3 i- 4-'79 Is a© II (40 8. 5reve- Shyc1 31-} 1-i4-80 IS- AD, aJ at) a/OLf• 9. Fra ne.1s 8I0-ino, 37 10-I3- t g, SSA, / 10.rer- -y 'f"li vae vt `f l 17- 1D,--42 , I a, 1419 I I ! 3 I 1p158 5 Total of Deferred Pensions, If Any Total Unpaid Installments, If Any Total of Early Vested Pensions, If Any • A. Accrued Liability • Through Next Year 1995 (total, column 7) B. Accrued Liability through this Year 1994 (total, column 5) C. Subtract Line B from Line A (normal cost) Fractional years of service must be calculated to nearest full year. Do not enter liability in columns 5 or 7 for any person who will receive entire pension during this year. For installment liability, enter amount which will be payable after end of this year in both column 5 and column 7. If interest is to be paid on unpaid pensions, add interest for 1 year in column 7. A copy of these schedules must be presented to the City Council before August 1 each year. 0(• Cd j SCHEDULE I-II FOR LUMP SUM PENSION PLANS STATE FIRE AID YEAR 1995 Firefighters Relief Association of rim m l 11&to A County of l/g'k 0*I- SCHEDU E I Computation of benefit of relief association special fund (at $ I S S°per year of service) for all members based on their years of service as active fire department members. 1 2 3 4 5 6 7 1994 1995 To End of This Year To End of Next Year F.D. Years Active Accrued Years Active Accrued Name Age Entry Date Service Liability Service Liability 1. -1-1.p P;etsc.h �a. /A-1-7-8; /a 1`1,411 l3 S -C 2. ol,er`t• c,1I 3(1) 1 a l�f,gt I l3 112,5g5 3.Go.rj l.a wrehGe.. Yti' 10-a /-8 3 11 13, qq• 4. g; l� SQ� 6 e v- 3'7 le.-3-Lf-8 3 I I 13, .99 5• Ti Meyev-s 33 10-aq-83 II 13,,YM I 6• To +4ew, ist-, 3o to -9-8(p 9 Io, t�A 10 11/780 7. Se-F Soso b so v, aci to -9-g(o I 101 ,;1 10 it ,/g0 8. -road. as -9-8 Co 9 loSA10 1/,780 9. Mo.v-k kjnase ti a5 9-aa- , S $1ga8 � to,3a3 10./V10,rK Fisc.h1 oke..l1 37 ( - I3 - 8g , '7 7GaCo g 89a8 Total of Deferred Pensions, If Any Total Unpaid Installments, If Any Total of Early Vested Pensions, If Any . A. Accrued Liability • Through Next Year 1995 (total, column 7) B. Accrued Liability through this Year 1994 (total, column 5) C. Subtract Line B from Line A (normal cost) •• • Fractional years of service must be calculated to nearest full year. Do not enter liability in columns 5 or 7 for any person who will receive entire pension during this year. For installment liability, enter amount which will be payable after end of this year in both column 5 and column 7. If interest is to be'paid on unpaid pensions, add interest for 1 year in column 7. A copy of these schedules must be presented to the City Council before August 1 each year. u1- S SCHEDULE I-II FOR LUMP SUM PENSION PLANS • • STATE FIRE AID YEAR 1995 - Firefighters Relief Association of /a R Ail d6-?O ^/ County of 2 4-1e04 SCHEDULE I Computation of benefit of relief association special fund (at S,/550,per year of service) for all members based on their years of service as active fire department members. 1 2 3 4 5 6 7 1994 1995 To End of This Year To End of Next Year F.D. Years Active Accrued Years Active Accrued Name Age Entry Date Service Liability Service Liability I. lay CI; kscales 33 4-10-89 (o 1P,35S 7 '7,1oa(P 2. trG,""r ( ikr5o� Ag -/© -89 (p (P,3SS '7 '7 3. -troy Gorr A&at(o `f-/0-89 (p (P, 55- 7 7,(0a(0 4. ,1'cfC 4deI►-han 317 a-la-Qo 5 ,5, 177 (p (0,355- 5. ,3555. Do.v) 46v-step _`3S A-la -9c 5" .5,177 (p 6,35S 6. Bid. Pa.y-key- 31 5---/4-90 5 5,177 (o !o,355 �• Kevin Kue.tnn 31 9- 111-9.o )o3O S 5; 177 8• TO 1:i nse-t-G, a 3 q-a`/_90 LI-do 30 5- 5"17? 9. 7 av, Me.ye.v 35 ) -IO-90 4 tog° 5• 177 10. if, e 11 i►,9swo�T�1 / -99 / 9 3D Total of Deferred Pensions, If Any Total Unpaid Installments, ,r If Any Total of Early Vested Pensions, If Any A. Accrued Liability • Through Next Year 1995 (total, column 7) B. Accrued Liability through this Year 1994 (total, column 5) C. Subtract Line B from Line A (normal cost) Fractional years of service must be calculated to nearest full year. Do not enter liability in columns S or 7 for any person who will receive entire pension during this year. For installment liability, enter amount which will be payable after end of this year in both column 5 and column 7. If interest is to be'paid on unpaid pensions, add interest for 1 year in column 7. A copy of these schedules must be presented to the City Council before August 1 each year. y0+ y. SCHEDULE I-II FOR LUMP SUM PENSION PLANS • STATE FIRE AID YEAR 1995 Firefighters Relief Association of 1"A, 1l N67'o County of D4 Ko 1.-A— SCHEDULEI Computation of benefit of relief association special fund (at $1 SSO per year of service) for all members based on their years of service as active fire department members. 1 2 3 4 5 6 7 1994 1995 To End of This Year To End of Next Year F.D. Years Active Accrued Years Active Accrued Name Age Entry Date Service Liability Service Liability 1. k , L►rdstvoI-911 1 93o 3. 4. 5. 6. 7. 8. 9. 10. Total of Deferred Pensions, 11.5;11-(8 j, (07 If Any Total Unpaid Installments, If Any Total of Early Vested 0 5A se o Pensions, If Any • A. Accrued Liability • Through Next Year 1995 sqc,(00 P (total, column 7) B. Accrued Liability through this Year 1994 54 - 4 0 (total, column 5) C. Subtract Line B from Line A (normal cost) • I/4 700 Fractional years of service must be calculated to nearest full year. Do not enter liability in columns S or 7 for any person who will receive entire pension during this year. For installment liability, enter amount which will be payable after end of this year in both column 5 and column 7. If interest is to be paid on unpaid pensions, add interest for 1 year in column 7. A copy of these schedules must be presented to the City Council before August 1 each year. • Schedule II Section 1 Calculation of Minimum Municipal Contribution Determination of Projected Net Assets as of December 31, 1994 Assets at December 31, 1993 1 $4577011* Projected Income to December 31, 1994 a. Minnesota State Aid $AD, / • b. Municipal (independent fire) Contributions $. D,5,h "` c. Donations* d. Investment Income e. Realized Gains (losses) S f. Unrealized Gains (losses) $ g. Other income* $ `..0 o p Total 2 $ 4,177170 Projected Assets plus Income December 31, 1994 (awl +line 2) 3 $S7`a9 79 7 Projected Disbursements through end of year h. Pensions $ 1:lp)'3 oo i. Other Benefits • S j. Administrative $ oO Total 4$ I 2100 D Projected Assets at end of year (line 3 minas line 4) 5 $.3 g o7 1 q 7 *Explain here: $(...,fp 1�..�.s,�Ca( �e ne�l-i'i',�` ee ,M h(A—Y Ay ,S 'e Section 2 Determination of Projected Surplus (Deficit) as of December 31, 1994 Projected Assets (tines) 6$ O)1 ' 7 Accrued Liability (line B,Schedule 1) 7 $5t{5'Q o� Surplus (deficit) (subtract ane 7 from tine 6) 8 $( /0 ) • Go to Section 3 If f Surplus • Go to Section 4(f Deficit Section 3 Determination of Municipal Contribution ('Surplus) Normal Cost (Line C, Schedule 1) 9 $ Calculated Administrative Expense 10$ Less: k. Minnesota State Aid $ • 1. 5% ofline5 S m. 10% ofline 8 S Total Subtractions 11 $ Municipal Contribution(line 9,plus 10 minus 11) 12 $ If$1.00 or greater, certify to municipality before August 1, 1994. If negative number, no contribution is due. Section 4 Determination of Municipal Contribution (V Deficit) Total from line C, Schedule I 13 $ Amortization ofDe,Jicit . Year Incurredaue:ed Column 1 Colon=2 Column 3 Amount Retired in Prior Amount Left toOriginal Amount 4>>.......... .: .... ...:. Years Retire "%r :y>,\;i>i}vjii;;:rt%: '>':•':{ 19 19 • 19 8 Taa>. O 'a- ee SF � • Amortization of Prior Deficit(Taal from Column 1 X 10%) 14$s � Amortization of new deficit (if any) 15 $ / 8 Calculated Administrative Expense 16$ ►,700 Less: n. Minnesota State Aid $a 1,379 o. 5% ofline5 $ 18, BRi Total Subtractions 17 $ LILO,AA-79 Municipal Contribution(line 13 plus line 14, 15, 16 minus line 17) 18 $ S (If 0 or negative, there is no municipal contribution) You must certify to municipality before August 1, 1994, even if no contribution is due. Calculation of Average special fund income per member A B C D B State Municipal 10%of Active Aid Support surplus Members Average 1st year AO;�b 1 A8,1+2 t 2 years ago Roti I I ►L1" /,(p /0 o/ 3yeenC W� n �o,s 7 8,(DD �9 /00`7 T ata 2�3 E divided by 3 Maximum Pension Benefit under atime �$(, i } ! I 3 o 1 ye-p,v ( f�rVvlo—1 tmn cno-tt'R t e4-4, 4 ro km* 1-e'�FY— Z"'Yl?�, ' Da a+Atvowr` ". /n PP-I. >e4 3,6' to /eel-;,4e..) (9t8 . SSW? LI- ...8 o _ /,0/07 i 9V7 1, . .$ S8 15488 L 8so l988 1-63 . ___. __ . d/S9 / 1730 199 i 5�`30� 01,!05/ • loS. I it S81 1q9 ( I `17, t 11 1 , 1t S ,,9°$ 9R�- _ 591o4g _-_ 1 /, SAo `P7 .A78 s 149 A 5163 5 4,1�o Aon 465" ! Ab 1/ 17 1 6.'7i 4-7 18 , g ,tt- , f i f j. -4 .____ .___________._ -