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1995 [08] Aug 03 {Book 08}
)-.,. . ~j~~~-j'v~ 1=: Ie GeL~ . CITY OF srr~ JOSEPH CITY COUNCIL MEETING 21 First Avenue NW August 3, 1995 - 7:00 P.M. P.O. Box 668, St Joseph, MN 56374 AGENDA (612) 363-7201 Fax: 363-0342 I. Call to Order 2 . Approve Agenda MAYOR 3. CONSENT AGENDA Donald "Bud" Reber a) Approve Minutes - July 20 b) 4. Bills Payable & Overtime and Callouts 5. 7:15 p.m. - PUBLIC HEARING for overlay project CLERK! ADMINISTRATOR 6. 7:45 p.m. - City Engineer Joe Bettendorf Reports Rachel Stapleton a) Well House Rehabilitation b) Generator c) .CILORS 7. 8:00 P.M. - Parking, College Avenue Ross Rieke 8. 8:15 P.M. OPEN TO THE PUBLIC Bob Loso Ken Hiemenz 9. 8:20 P.M. - Recess Cory Ehlert 10. 8:30 P.M. - Tom Nahan - Permit three dogs II. 8:40 P.M. - Fence Issue - Ray & Joann Ruekert 12. 8:50 P.M. - Mark Lambert 13. 9:00 P.M. - Fire Relief Assoc. - Ken Twit 14. Mayor Reports 15. Council Reports 16. Clerk\Administrator R~ports - \ Petition for Vacation of Part of a street , <1} ,- " Park 8quipment iJj c) Audit Proposal d) Telecommunications Ordinance e) Other Matters of Concern . 17. OLD BUSINESS 18. Adjourn. - ,,-i ,'..... ~ ....... . VOLUNTEER FIREFIGHTERS' RELIEF ASSOCIATION REPORTING FORM . ANNUAL CORPORATE REGISTRATION FOR 1995 PENSION INFORMATION FOR THE YEAR ENDED DECEMBER 31, 1994 GENERAL INFORMATION: . PLEASE READ ALL INFORMATION BELOW: 1. CORPORATE CHARTER NUMBER: j'ßI-NP INFORMATION FROM PART 1 OF THIS FORM IS PROVIDED TO THE OFFICE OF THE SECRETARY OF 2. ClI{~'ORATE NAME: STATE AS CORPORATE REGISTRATION Sl. Josl:ph Firemen's Relief Association INFORMATION. 3. RLc..IS'LERED OFFICE ADDRESS: ITEMS 14, IF PRE-PRINTED, LIST INFORMATION 25 lst Ave NW PO Box 4 CURRENTLY ON FILE WITH THE OFFICE OF THE St Jos~ph MN 56374 SECRETARY OF STATE. IF ITEMS 2-4 ARE NO LONGER CURRENT, YOU MUST COMPLETE AN GENT AMENDMENT TO THE ARTICLES OF 4. REGISTERED AGENT (REQUIRED ONLY IF AN A INCORPORATION. YOU MAY OBTAIN AN IS LISTED IN THE ORIGINAL ARTICLES OF . AMENDMENT FORM BY CALLING (612) 296-2803. INCORPORATION OR SUBSEQUENT AMENDMENTS). THERE IS A $35.00 FEE FOR FILING AN AMENDMENT. YOU MUST LIST CURRENT INFORMATION FOR _ I ITEMS 5-7. 5. NAME OF CORPORAT~ PRESIDENT: :r /t-1Y1 E S /H-e s Ç?J 6, NAME AND TELEPHONE NUMBER OF CONTACT PERSON FOR THE CORPORATION: 3"3- . 1/~A I .1 r-"'7-ï L - ( I A' --T PHONE: <h /JJ. 810'1 \1+) f 0 (\t:;fV IJ c; ( rr vv J- ((P(7..) z.sc:¡ -I (¥8 ~ \.U 7. MAILING ADDRESS: ~ , ((D. gox I- 51. :J?>sift-l I MN, 56371 FIRE DEPARTMENT INFORMATION: REliEF ASSOCIATION INFORMATION: THE JmŒ DEPARTMENT YOUR ASSOC. IS AFFILIATED WITH IS A: ;;;. <1 NO. OF ACTNE MEMBERS IN TIlE RELIEF V MUNICIPAL FIRE DEPARTMENT - INDEPENDENT NON-PROFIT FlREFIGHTING CORPORATION 0 NO. OF RETIREDIDISABLED RECEIVING BENEFITS ;2.. C; NUMBER OF ACTIVE MEMBERS IN YOUR FIRE DEPARTMENT if- NO. OF RETIRED MEMBERS ON DEFERRED PENSIONS 3-L TOTAL RELIEF MEMBERSHIP BENEFITS INFORMATION OTHER BENEFITS AMOUNT PER ~! (.... E OF SERVICE PENSION BENEFIT: N lit SHORT TERM DISABILITY $ 1 ~ LUMP SUM ' _ LONG TERM DISABILITY $ 1 . DEFINED CONTRIBUTION (SPLIT TIlE PIE) _ DEATIlIFUNERAL BENEFIT $ 1 - MONTIlLY SERVICE PENSION _ SURVNOR BENEFIT $ I. _ OTIlER (SPECIFY) .' SECTioN 1 - VESTING INFORMATION (Must be stated in bylaws) Years of service with fire depanment required for full vesting /) 0 Years of active membership in the relief association required for full vesting ~ \) . Minimum retirement age to receive benefits ) [) Minimum years as active member of relief association / D Early vesting provision in bylaws? Y ~ N_ SECTION 2 - BENEFIT INFORMATION A, FOR DEFINED llFNEFlT-LUMP SUM PLANS ONLY... (,0 Benefit payable for each year of service $ i 5 [) - ... GO TO SEcnON 3·" B, FOR MONTHLY BENEFIT PLANS ONLY... Date of Most Recent Actuarial Valuation Date Filed with State Auditor Benefit payable for each month of service $ You rrmst attach an actuarÜll ri!pOl1, if the repOl1 was pri!pari!d this Yi!ar. An actuarÜll ri!pol1 rrmst be prepared i!very fourth Yi!ar. An actuarÜll updllle rrmst be prepared each time you increasi! your bi!nl!jiJ. ... GO TO SECTION 3"· C, FOR DEFINED CONTRlBUTIONPLANS ONLY... Non-invesnnent income per active member Invesnnent income per dollar of assets You rrmst attach an allocation table which lists the mlJ7I1! of each TMmher, the beginning account baùmce for each account, allocations to i!ach account for 1994, and ending account balance. See instructions for SlaJuJory requiremmJs on the allocation of inCOTM. You mqy use the optional allocation tab. attached to the instructions or your own form. ... GO TO SEcnON 3·" SECTION 3 - SUPPLEMENTAL INFORMATION Is the secretary of the relief association bonded? Y N ~ Amount Is the treasurer of the relief association bonded? Y -../ N Amount Is the treasurer bonded for at least 10% of the assets, as regyired by § 69,051? Y V N Have you amended your bylaws in 1994? Y _ N V (If you answered "YES' to this question, you must attach a copy to this report) Have you increased/changed your benefits since 12/31/93? Y_ N~ (If you answered "YES" to this question, you must attach a copy of your city council ratification or independent non-profit board resolution that approves the increase or change) SECTION 4 - INVESTMENT INFORMATION (At 11Ulrket value) PLEASE ROUND OFF ALL AMOUNTS TO THE NEAREST DOLLAR Special Fund General Fund Cash (Demand Deposits) $ ¿),} '6,/7. IS;; $ t.f'l~. 99 Certificates of Deposit (time deposits) $ 3 D , DO 0 , Dc) $ Please list mutual funds/other funds and their values in this box, Money Market Accounts $ $ Treasury Bonds and Bills $ S iP"'! EYlQL0,,v(., ~Qvw1tt S <6~/ll.og,97 Common Stocks $ (;, () D fc, O. ~O S V Æ ) fl f"1 SíðrJ(Ç l..A..Á..Sy $ 30, Of;1, 77 Mutual Funds (list names in box or attach list) $ ;1. ofo f t./;;'3,5t( S ' MSRS Fund $ / $ !f/t1¡;p." ~cVrT INt. {"O. s~f bOD, D" Corporate Bonds $ $ Off uJ !I-¿-¡ t11. fëL $ 70 I <69 /:; , go Other (list names in box or attach list) $ $ , TOTAL INVESTMENTS $ 30 1" "'3 3/, .2'7 s tf'fs. ~ '7 ,. ...... '.. ) .~ . - SECTION 5 - FINANCIAL INFORMATION Special Fund General Fund . A. TOTAL NET ASSETS AS OF DEC. 31, 1993 $ 333, Dðg. ~~ $ 3,Çg. / S , REVENUES - 1994 State Fire Aid $ 11, '7 r 3. 0 D $xxxxxxxxxxxxxxx 10% Supplemental Refunds $ $xxxxxxxxxxxxxxx Municipal (Independent Fire Department) Contributions $ 7 ~ é);;), c 0 $xxxxxxxxxxxxxxx Member ContributionslDues $ $ 17'1,00 Interest and Dividends $ 17.30/. 3;t. $ ~b.~ù Realized Gains (Losses) on Assets $ < '-3 <g / 7. Iøf. > $ Fundraising ActivitieS $ $ Outside Donations (Attach sheet with donor names) -$ $ Unrealized Increase (Decrease) in Market $ <t.f-~, 9<:¡J.9;).. ì $ Other Income (Specify sources) $ $ B. TOTAL REVENUES $ <- b/n'f.'¡c:' > $ ;2 DD I <6'0 PENSION EXPENDITURES AND BENEFITS - 1994 (Fill out Section 7 if you paid benefits and are a lump sum or dermed contribution plan) Service Pensions - Retirees $ I f) 75';).. ðo $xxxxxxxxxxxxxxx Service Pensions - Survivors $ $xxxxxxxxxxxxxxx Service Pensions - Disabled $ $xxxxxxxxxxxxxxx illness or Short-Term Disability Pay $ $xxxxxxxxxxxxxxx Death or Funeral Benefit $ $xxXxxxxxxxxxxxx . 1. TOTAL PENSION EXPENDITURES $ $xxxxxxxxxxxxxxx ADMINISTRATIVE EXPENDITURES - 1994 Salaries $ $ Conventions and Meetings $ $ ~S-J.!5, 39 Dues $ $ /J.-D,OO Training $ $ Actuarial, Audit, Legal Fees $ $ /76. ~ ö Bond $ $ /G5. co Investment Advisor $ $ Other $ $ ~/h, .5:7 2. TOTAL ADMIN. EXPENDITURES $ $ 3, ~~.s-: <[ G. ,- C. TOTAL EXPENDITURES (1 + 2) $ If, 75";). f) D $ :3 6 ¡)S'. Yf.:, D. TOTAL NET ASSETS AS OF DEC. 31, 1994 $314 :œJ..3o $ <3ð f> 7. D r2. (A+B-C :: D) ) Total Net Assets must equal Total Investments from Section 4 plus Accounts Receivable (Section 6), minus Accounts Payable (Section 6), and plus or minus Transfers (Section 6). SECTION 6 - SELECTED ASSETS AND UABILlTÆS .- Accounts Receivable $ 9138. 1) I $ Accounts Payable $ .00 $ Transfers * $ ~S-13... 00 $ -3,Sls, DO , *NOTE: Transfers can be from the General Fund to the Special Ftmd ONLY " "'-.. ,,- . SECTION 7 - PENSION PAYMENTS (For ÙJmp Sum and Defined Contribution Plans only) ENTRY RETIREMENT BENEFIT SUPPLEMENTAL . NAME DATE DATE PAID BENEFIT PAID TOTAL :Jõ IE" fJc20 M 3/11 ~ //~/9 '-I /0 79- ,00 ¡ODD. DC> II 79 D I I I ~I Ii I' SECTION 8 CERTIFICATION BY SECRETARY AND TREASURER OF RELIEF ASSOCIATION, MUNICIPAL FIRE DEPARTMENT, OR INDEPENDENT NON-PROFIT FIREFIGHTING CORPORATION We certify that to the best of our knowledge and belief, the facts presented in this report are true and accurate. 7-(;-9j - 0gS- 1S15 DATE BUSINESS PHONE D~/9S- ;47-1 I Vg- BUSINESS PHONE 'i-ID -9~ 3~3 - 7Áð/ DATE BUSINESS PHONE . SIGNATURE OF SECRETARY OF INDEP, FlREF1GHTING CORP. (if applicable) DATE BUSINESS PHONE ATTESTATION REPORT OR AUDIT BY LICENSED OR CERTIFIED PUBLIC ACCOUNTANT Associations with assets and liabilities under $200,000, pursuant to Minn, Stat. § 69.051 subd. 1a(b), an independent public accountant shall examine the fInancial information included within the fmancial section of this reporting form, The independent public accountant shall attest to the fmancial information required by Minn. Stat. § 69.051 subd. 1a(a) , the examination should be conducted in accordance with standards established by the American Institute of Certified Public Accountants and should include such procedures as prescribed by the Office of the State Auditor. The independent public accountant's attestation report must be submitted with this reporting form. Your deadline to submit all information to the State Auditor is March 31st. Associations with assets or liabilities equal to or greater than $200,000 must furnish audited fmancial statements prepared in accordance with generally accepted accounting principles (including footnote disclosures) together with an Auditor's Opinion and an Auditor's Report on Internal Control and Legal Compliance, The Auditor's opinions, and audited financial statements must be submitted with this reporting form to constitute a complete fùe, Your deadline to submit all information to the State Auditor is June 30th, f(î. ( ~ f!c.-~~ \ ~ NAME OF LICENSED/CERTIFIED PUBLIC ACCOUNTANT: ::> STATE· LICENSE NUMBER: L D 7...s.D ADDRESS OF LICENSED/CERTIFIED PUBLIC ACCOUNTANT: P 0 ß ()--¡{.. -LJ&' S; r ::Jb.u¡ t." M N -i1-.J Î Y PHONE NUMBER OF LlCENSED/CERT. PUBLIC ACCOUNTAJltì': (& (;¡..) 2, &3 - L( ~¥ c:¡ . Please mail this form (after signatures) to: Office of the State Auditor - Pension Oversight 525 Park Street, Suite 400 Saint Paul, MN 55108 i ~ , ST. JOSEPH · FIREFIGHTERS' RELIEF ASSOCIATION Report of financial condition to end ·of 1994 and requirements for 1995 SCHEDULE I CALCULATION OF SPECIAL FUND LIABILITY FOR ALL MEMBERS AT PENSION LEVEL OF $950 PER YEAF OF AC~IVE SERVICE ENTRY TO END OF 1994 TO END OF 1995 NO NAME . DATE YRS LIAB YRS LIAB ------------------------------------------------------------------------------------ ------------------------------------------------------------------------------------ 1 W WASNER Apr-61 34 32,300 35 33,250 2 R TAUFEN AUf-69 25 23,750 26 24,700 3 D THEISEN Ju -73 21 19,950 22 20,900 4 E EIYNK Jul-74 20 19,000 21 19,950 5 J THEISEN May-75 20 19,000 21 19,950 6 T LOSO Jun-75 20 19,000 21 19,950 7 T PFLUEGER Sep-75 19 17,518 20 19,000 8 S SCHIRBER May-76 19 17,518 20 19,000 9 G BAGGENSTOSS Oct-76 18 16,131 19 17,518 10 J MARTHALER Oct-77 17 14,820 18 16,131 11 T LOWELL Nov-77 17 14,820 18 16,131 12 F LOSO Dee-77 17 14,820 18 16,131 13 D PFANNENSTEIN Mar-78 17 14,820 18 16,131 14 Du PFANNENSTEI Oct-78 16 13,566 17 14,820 15 K TWIT Oct-78 16 13,566 17 14,820 16 K GRUBER May-79 16 13,566 17 14,820 17 E MERKLING Aug-79 15 12,388 16 13,566 18 Da PFANNENSTEI Fe -80 15 12,388 16 13,566 19 D SCHERER Jan-81 14 11 , 248 15 12,388 20 J ZIEBOL Nov-80 14 11 , 248 15 12,388 · 21 J MEYER May-85 10 7,220 11 8,151 22 W LOWELL Mav-85 10 7,220 11 8,151 23 N LOSO Apr-87 8 5,472 9 6,327 24 J KARNICK Aug-88 6 3,895 7 4,674 25 B ORCUTT Sep-88 6 3,895 7 4,674 26 R TORBORG Dee-88 6 3,895 7 4,674 27 M WINTER Nov-92 2 1,178 3 1,805 28 S JOHNSON Nov-92 2 1,178 3 1,805 29 M LYON Nov-92 2 1,178 3 1,805 30 31 32 33 34 35 36 37 38 39 40 41 42 DEF 43 44 45 46 E. V. 47 D KLEHR .84 X 600 X 16 8,064 8,064 48 M LOSO . 64 X 800 X 11 5,632 5,632 49 50 ACCRUED LIAB FOR ACTIVE MEMBERS 366,548 397,176 · ACCRUED LIAB FOR DEFERRED MEMBERS 0 0 ACCRUED LIAB FOR EARLY VESTED MBRS 13,696 13,696 ACCRUED LIAB FOR UNPD INSTAL~~NTS A} ACCRUED LIABILITY THROUGH 1995 .410,872 B ACCRUED LIAB ILITY THROUGH 1994 380,244 380,244 C L.A - L.B; NORMAL COST FOR 1995 30 , 628 ) ~ , SCHEDULE II ------------------------------------------------------------------------------------ ------------------------------------------------------------------------------------- Section 1. PROJECTION OF SPECIAL FUND ASSETS TO DECEMBER 31, 1994 . ASSETS AT JANUARY 1, 1994 (12/31/93)------- 1. $ 333,009 EXPECTED INCOME TO DECEMBER 31, 1994 A Minn. State Aid $ 13,881 B City Contribution 7,622 C Funâraisers, etc. 0 D Interest, Inv. Income 19,981 E Realized Gains ~losses~ 0 F Unrealized" losses 0 G) Other income 0 TOTAL OF LINES A THROUGH G----------------- 2. $ 41,484 ---------- BEGINNING ASSETS PLUS EXPECTED INCOME------ 3. $ 374,493 EXPECTED EXPENSE TO DECEMBER 31$ 1994 H~ Pensions 10,752 lather benefits 1,000 J Administrative 250 TOTAL OF LINES H-I-J----------------- 4. $ 12,002 ----------- PROJECTED ASSETS AT 12/31/94 (L.3 - L.4) 5. $ 362,491 ------------------------------------------------------------------------------------ ------------------------------------------------------------------------------------ Section 2. Determination of pro,jected SURPLUS or DEFICIT @ 12/31/94. Projected Assets (Line 5) 6. $ 362,491 Accrued Liability (Line B, Schedule 1) 7. $ 380,244 ----------------- If L.6 > L.7, enter difference: SURPLUS 8a. $ 0 If L.7 > L.6, enter difference: DEFICIT 8b. $ 17,753 **Go to Section 3 if SURPLUS *** To Section 4 if DEFICIT** ------------------------------------------------------------------------------------ ------------------------------------------------------------------------------------ . Section 3. Determination of 1995 Municipal Contribution (if SURPLUS) Normal Cost (line C, Schedule 1) ---------- 9. $ 0 Calculated Administrative Expense---------- 10. $ 0 Less: K) Minn. State Aid $ ° L~ 5% of Line 5 0 M 10% of Line 8a 0 Total Subtractions --------------- 11. $ 0 ------------------ 1995 City Contribution if SURPLUS exists (L. 8a) 12. $ 0 ------------------------------------------------------------------------------------ ------------------------------------------------------------------------------------ Section 4. Determination of Municipal Contribution (if DEFICIT) Normal Cost (Line C, Sch. 1) ----------- 13. $ 30,628 Amortization of deficit(s) incurred prior to end of 1994 YR ORIGIN. AMT RET AMT LEFT INCUR. AMOUNT PREY TO RETIRE £1) 3~7é25 (31 1992 2,578 17,75 19 ° 19 0 Totals 52,578 34,825 17,753 TOT ORIG DEF 52,578 ----------- X .10 =----- 14. $ 5,258 Deduct col (3é total from L. 8b. If col 3 < L. b, difference is a NEW DEFICIT. $ ° X .10 =-------- 15. $ 0 Calculated Administrative Expense ----------------- 16. $ 259 ---------~-- . Total Costs ------- $ 36,145 LESS: Nj Minn. State Aid ------ $ 13,881 o 5% of Line 5---------- $ 18,125 Total Subtractions -------------------------------- 17. $ 32,006 ------------ 1995 City Contribution, if DEFICIT exists (L,8b) ----- 18. $ 4,139 . ~ t · AVERAGE SPECIAL FUND INCOME (non-investment) PER MEMBER FOR PREVIOUS THREE YEAR PERIOD. ACTV STATE LOCAL 1/10 ANNUAL 3YR FF AID TAXES SURPLUS TOTAL TOTAL 30 1993 13,881 8,921 0 22,802 28 1992 14,038 6,536 0 20,574 28 1991 13,244 6,350 0 19,594 62,970 29 3YR TOT/3/#MBR 20,990 29 :: $732 AVG PER MER Max pension (Avg. X 1.85) $1,355 -----------------------------------------------------------------------~------------ ------------------------------------------------------------------~----------------- CERTIFICATION OF SPECIAL FUND REQUIREMENTS This information must be certified to the clerk of the municigalitv or to the independent non-profit firefighting corporation by 08/ 1/94: We, the officers of the St. Joseph Firefighters' Relief Association, state that the accompanying schedules have been prepared in accordance with the provisions of the Min.. Stat. Ch. 69.772, subd 4. The average amount of available financing ¥er active member for the last three years was '$732 Further, bene it levels have been estab ished in accordance with the average amount of available financing', as required by 13.\";, T~ city contribution for 1995 is: '. $4,139 · . ___ __ _, President Date___1'~~~f{------- , ecretary Date___~~~~~~------- Treasurer Date___~~~Jf------- ------------------------------------------------------------------------------------ ------------------------------------------------------------------------------------ These Schedules were !?reåared Prepared by: from information provlde by Gus Welter, consultant Officers of the Relief Association 1901 Meadowview Road and State Auditor Reports. Bloomington, MN 55425 Calculated as 12/31/94 (612) 854-8856 ------------------------------------------------------------------------------------ ----------------------~------------------------------------------------------------- CLERK'S CERTIFICATION I am the clerk (or other designated official) of the city of St. Joseph. I have received the completed Office of the State Auditor Schedules I & II from the St. Joseph Firefighters Relief Association on , 1994. I have reviewed Section 2 lines 8, 12, and 18. If line-I2-õr-lIne 18 reflects a required municlpal contribution, I certify that I will so advise the municipal governinf body at its next regularly scheduled meeting. If the Certification 0 the Officers discloses that the Bylaws have been amended to provide a benefit increase, I certify that the municipal governing body has passed a resolution which approves the change in the bylaws. A copy of the resolution i~d~Uired). Date-9-~_p-.I____,1994 s~gnature _ ____<2.~-_ · Phone # ___________~__-_- Title ~~_ _____ ~_ (Note: Failure to file this document in a timely manner, whether or not a municipal contribution is required, will result in loss· of state aid.) '...,.. \ .. t . CLIENTS COpy . crt" of S'f- Jù£¥ t, FINANCIAL STATEMENTS . ST JOSEPH VOLUNTEER FIRE DEPARTMENT RELIEF ASSOCIATION l.i-c AS OF 12/31/94 ::-ph io.1- .)Ö'le, ¡í:- . 'r- '" . REPORT ON LEGAL COMPLIANCE Board of Trustees St Joseph Volunteer Fire Department Relief Association We have audited the financial statements of the St Joseph Volunteer Fire Department¡s Relief Association as of and for the year ended December 31¡ 1994¡ and have issued our report thereon dated 6/29/94. This letter resulting from part of that audit includes our report on legal compliance and management practices. We conducted our audit in accordance with generally accepted auditing standards and the provisions of the Minnesota Le al Com liance Audit Guide for Local Government¡ promulgated by the Legal Compliance Task Force pursuant to Minn, Stat. # 6,65. Accordingly¡ the audit included such tests of the accounting records and such other auditing procedures as we considered necessary in the circumstances. The Minnesota Leqal Compliance Audit Guide for Local Government covers three main categories of compliance to be tested in audits of relief associations: deposits and investments¡ conflicts of interest¡ and public relief associations. Our study included all of the listed categories, The results of our tests indicate that for the items tested the St Joseph Volunteer Fire Department¡s Relief Association complied with the material terms and conditions of applicable legal provisions. Further¡ for the items not tested¡ based on our audit and the procedures referred to above¡ nothing came to our attention to indicate that the Association had not complied with such legal provisions. Sincerely¡ ') Gerald J. Frieler Licensed Public Accountant . , ...." , ~ r . ST JOSEPH VOLUNTEER FIRE DEPARTMENT RELIEF ASSOCIATION COMBINED BALANCE SHEET DECEMBER 31, 1994 FUND TYPE ------------------------------------- Special Total Pension (MEMORANDUM Trust General ONLY) ----------- ------------ ---------- Assets -------------------------------- Cash $ 2,847.15 $ 445.99 $ 3,293.14 Investments 298,484.14 - - 298,484.14 Receivables Accounts - - - - - - Accrued interest - - - - - - Accrued dividends 816.01 - - 816.01 Duè From Other Governments City of St Joseph (tax Levy) 7,622.00 - - 7,622.00 State of Minnesota (state aid) 1,000.00 - - 1,000.00 ----------- --------- ----------- . TOTAL ASSETS $ 310,769.30 $ 445.99 $ 311,215.29 ----------- --------- ----------- ----------- --------- ----------- Liabilities and Fund Balance -------------------------------- Liabilities: Accounts Payable $ - - $ - - $ - - Salaries Payable - - - - - - Pension benefits Payable - - - - - - Due to other governments - - -- - - ----------- --------- ----------- Total Liabilities 0.00 0,00 0.00 Fund Balance: Required Reserves 380,244.00 - - 380,244,00 Unreserved Unfunded accrued liability (69,474.70) - - (69,474.70) Undesignated 445.99 445.99 ----------- --------- ----------- Total Fund Balance 310,769.30 445.99 311,215.29 ----------- --------- ----------- TOTAL LIABILITIES AND FUND BALANCE $ 310,769.30 $ 445.99 $ 311,215.29 ----------- --------- ----------- ----------- --------- ------------ . The notes to the financial statements are an integral part of this statement. 2 ST JOSEPH VOLm~TEER FIRE DEPARTMENT RELIEF ASSOCIATION . STATEMENT OF REVENUES, EXPENSES N{D CP~GES IN FillID BALAJ.'ICE . YEAR ENDED DECEMBER 31, 1994 Special Pension . Trust General Total ------------- ----------- ---------- Operating Revenues: Contributions City of St Joseph $ 7,622.00 $ - - $ 7,622,00 State of Minnesota 17,913.00 - - 17,913.00 !'1embers - - 174.00 174.00 Investment Income Interest 129.24 26.80 156.04 Dividends 15,170,34 - - 15,170.34 Net realized gains (losses) on sales of investments (3,817.66) - - (3,817,66) Net appreciation (depreciation) in market value of investments (45,992.92) - - (45,992.92) Capital Gain Distributions 2,001.74 - - 2,001.74 ---------------------------------------- Total Operating Revenues (6,974.26) 200.80 (6,773,46) Operating Expenses: Benefit Payments Service pensions 11,752.00 - - 11,752.00 Survivor pensions - - - - - - Permanent disability - - - - - - Illness or temporary disability - - - - - - Death or funeral - - - - - - !'1edical services/aid - - - - - - Salaries Unemployment compensation - - - - - - Employer's share of payroll taxes - - - - - - Board of directors fees & expenses - - 750.00 750.00 Conventions and meetings 1,528,39 1,528,39 . !'1embership dues and subscriptions 120.00 120.00 Actuarial fees - - - - - - Audit fees - - 600.00 600.00 Legal fees - - - - - - Faithful performance bonds - - 165,00 165.00 Insurance - - 116.00 116.00 Consultant - - 280.00 280.00 Investment advisor fees - - - - - - Per Diem - - - - - - Office supplies 16,57 16.57 !'1iscellaneous - - 50,00 50,00 ---------------------------------------- Total Operating Expenses 11,752.00 3,625.96 15,377.96 ---------------------------------------- Income Before Operating Transfers (18,726.26) (3,425.16) (22,151.42) Operating Transfers In (Out) (3,513.00) 3,513.00 - - ---------------------------------------- Net Income (Loss) (22,239.26) 87,84 (22,151. 42) ---------------------------------------- Changes in Unfunded Accrued Liability * - - - - - - Fund Balance - January 1 333,008.56 358.15 333,366.71 ---------------------------------------- Fund Balance - December 31 $ 310,769.30 $ 445.99 $ 311,215.29 ----------- ---------- ----------- ----------- ---------- ----------- The notes to the financial statements are an integral part of this statement. . * If the net change in the required reser·.'e is an addition, then the offset is a reduction in the lliîfunded accrued liability, Conversely, if the net change in the required reserve is a reduction, then the offset is an addition to the unfunded accrued liability. 3 . 10,- I ... t . ST JOSEPH VOLUNTEER FIRE DEPARTMENT RELIEF ASSOCIATION STATEMENT OF CASH FLOWS YEAR ENDED DECEMBER 31, 1994 Special Pension Trust General Total ----------- --------- -------- Cash Flow From Operating Activities Net Income $(18,726.26) $(3,425.16) $(22,151.42) Net fund balance additions (reductions) Transfers out (3,513.00) - - (3,513.00) Transfers in - - 3,513.00 3,513.00 ----------------------------------------- Net Cash from Operating Activities (22,239.26) 87.84 (22,151.42) Cash From Investing Activities Net Appreciation in Market Value 49,810.58 - - 49,810.58 Reinvested Dividends (10,467.71) - - (10,467.71) Accrued interest on investments 770.97 - - 770.97 Receivables 5,259.00 - - 5,259.00 payables - - - - -- Investments-Purchase of Securities (83,500.00) - - (83,500.00) Sale of Securities 61,000.00 -- 61,000.00 . ----------------------------------------- Net Cash from Investing Activities 22,872.84 - - 22,872.84 ----------------------------------------- Net increase (decrease) in Cash 633.58 87.84 721. 42 Cash at January 1, 1994 2,213.57 358.15 2,571.72 ----------------------------------------- Cash at December 31, 1994 $2,847.15 $445.99 $3,293.14 ========================================= The notes to the financial statements are an integral part of this statement. . 4 , - - ST JOSEPH VOLUNTEER FIRE DEPARTMENT RELIEF ASSOCIATION ST JOSEPH¡ MINNESOTA NOTES TO THE FINANCIAL STATEMENTS l. Plan Description A. General Information Firefighters of the City of St. Joseph are members of the St Joseph Volunteer Fire Department Relief Association. The Association is the administrator of a single-employer pension plan available to firefighters, that was established in 1949 and operates under the provisions of Minn. Stat. ch, 424A. It is governed by a board of six members elected by the members of the Association for two-year terms. The City's Mayor and City Clerk are exofficio, voting members of the board of trustees. For financial reporting purposes, the Association's financial statements are not included with the City of St. Joseph's financial statements because the Association is not a component unit of the City. membership data related to the Relief- As of December 31, 1994, Association were: Retirees and beneficiaries currently receiving benefits and terminated employees entitled to benefits but not yet receiving them. 2 Active plan participants Vested 22 Nonvested 7 ----- Total 31 ----- ----- B. Pension Benefits The St, Joseph Volunteer Fire Department Relief Association operates under a defined benefit plan. The basic characteristic of this plan lS that all assets in excess of liabilities belong to the plan and are individually accounted for. Page 5 - ~. I ... . . ST JOSEPH VOLUNTEER FIRE DEPARTMENT RELIEF ASSOCIATION ST JOSEPH, MINNESOTA NOTES TO THE FINANCIAL STATEMENTS {Continued} l. Plan Description B. Pension Benefits {Continued} l. All funds received by this association from any tax source, and all funds or property donated or granted to the association for the benefit of this fund shall be kept in a Special Fund on the books of the Treasurer and shall not be disbursed for any purpose except those authorized by law. . 2. All money belonging to this association shall be deposited to the credit of the association in such banks, trust companies, savings and loan associations or other depositories as the board of trustees may designate. 3. According to the bylaws of the Association and pursuant to Minn. Stat. # 424A.02, subds. 2 and 4, members who retire with less than 20 years of service and have reached the age of 50 years and have completed at least ten years of active membership are entitled to a reduced service pension not to exceed the amount calculated by multiplying the member's service pension for the completed years of service times the applicable nonforfeitable percentage of pension as follows: . Page 6 .' . . ST JOSEPH VOLUNTEER FIRE DEPARTMENT· RELIEF ASSOCIATION ST JOSEPH, MINNESOTA NOTES TO THE FINANCIAL STATEMENTS (Continued) l. Plan Description B. Pension Benefits (Continued) Completed Years Nonforfeitable Percentage of Service of Pension Amount 10 60 11 64 12 68 13 72 14 76 15 80 16 84 17 88 18 92 19 96 20 and thereafter 100 . 2. Summary of Siqnificant Accountinq policies and Plan Asset Matters A. Fund Accounting The resources of the Association are accounted for in two funds: The Special Fund is a pension trust fund for the accumulation of resources to be used for retirement, dependency and disability annuity payments of appropriate amounts and at appropriate times in the future. Resources are contributed by the City of St, Joseph at amounts determined by law (taxes), contributions from the State of Minnesota and investment earnings. The General Fund is a governmental fund which accounts for the resources not accounted for in other funds. It is used for the good and benefit of the Association as determined by Association bylaws. Its resources consist of membership dues, fund-raiser proceeds, and miscellaneous sources, . Page 7 '" , ~ I . ST JOSEPH VOLUNTEER FIRE DEPARTMENT RELIEF ASSOCIATION ST JOSEPH, MINNESO.TA NOTES TO THE FINANCIAL STATEMENTS (Continued) B. Basis of Accounting The St Joseph Volunteer Fire Department Relief Association's financial statements are prepared on the accrual basis of accounting for the pension trust and enterprise funds and the modified accrual basis for the General Fund. Revenues susceptible to accrual include contributions from the State of Minnesota and the City of St. Joseph and investment revenue, including interest on deposits and dividends. C. Total Column on Combined Balance Sheet The total column on the combined statements is captioned "Memorandum Only" to indicate that it is presented only to facilitate financial analysis. Data in this column do not present financial position in conformity with generally accepted accounting principles. . D. Statement of Cash Flows For the purpose of this statement, cash and cash equivalents include petty cash and deposits in the checking account. E. Deposits and Investments Deposits Minn. Stat. # 118.005 authorizes the Relief Association to deposit cash and to invest in certificates of deposit in financial institutions designated by the governing body. At December 31, 1994, Relief Association bank deposits totaled $3,293.14 all of which were cash deposits. Minnesota statutes require that all Relief Association deposits be covered by deposit insurance, surety band, or pledged collateral. Following is a summary of the deposits covered by insurance or collateral at December 31, 1994. Book Bank Covered Deposits Insured, or collateralized with securities held by the Relief Association or its agent in the Relief Association's name $ 3,293.14 $ 3,293.14 . ---------- ---------- ---------- ---------- Page 8 " ST JOSEPH VOLUNTEER FIRE DEPARTMENT RELIEF ASSOCIATION . ST JOSEPH, MINNESOTA NOTES TO THE FINANCIAL STATEMENTS (Continued) E. Deposits and Investments (continued) Investments Minn. Stat. ## 69.775 and 11A. 24 authorize and define the types of securities available to the Relief Association for investment. Generally accepted accounting principles have determined three levels of credit risk for securities: (a) securities that are insured or registered, or for which the securities are held by the Relief Association or its agent In the Relief Association's name; (b) securities that are uninsured and unregistered and are held by the counterparty's trust department or agent in the Relief Association's name; and (c) securities that are uninsured and unregistered and are held by the counterparty, or by its trust department or agent, but not in the Relief Association's name. . Following is a summary of the carrying values of the Relief Association's securities, categorized into the aforementioned levels of risk, along with the cost of the securities, at December 31, 1994. Carrying Category and Market ---------------------- Value Cost a b c Investments Mutual Funds $236,423.54 - - $236,423.54 $248,691.89 Coporate bonds -0- - - - 0 - - 0 - Common stock 62,060.60 - - 62,060,60 86,204.82 ------------ - - -- - - -- ----------- ---------- Total Investments $298,484.14 - - $298,484.14 $334,896,71 ---------- ----- ---- ---------- ---------- ---------- ----- ---------- ---------- Valuation of Investments Investment income is recognized by the Relief Association when it is earned, Investments are valued at market. There are no investments in, loans to, or leases with parties related to the pension plan. . Page 9 -. J ">- , . ST JOSEPH VOLUNTEER FIRE DEPARTMENT RELIEF ASSOCIATION ST JOSEPH, MINNESOTA NOTES TO THE FINANCIAL STATEMENTS (Continued) 3 . Contributions Made The St. Joseph Volunteer Fire Department Relief Association is comprised of volunteers¡ therefore there are no payroll expenditures (i. e. , there are no covered payroll percentage calculations) . Contributions totaling $ 7,622 were made by the City and $ 17,913 by the State of Minnesota, in accordance with state statute requirements for the year ended December 31, 1994. 4. Historical Trend Information Historical trend information designed to provide information about St. Joseph Volunteer Department Relief Association's progress made in accumulating sufficient assets to pay benefits when due is presented below: Funded (Unfunded) . Net Assets Pension Pension Available Benefit Percentage Benefit for Benefits Obliqation Funded Obligation 1994 311,215 380,244 82%- (69,029) 1993 333,367 380,945 88%- (47,578) 1992 332,177 371,768 90%- (39,591) 1991 281,191 292,544 97%- (11,353) 1990 228,430 271,680 84%- (43,250) 1989 202,283 247,072 85% (38,789) 1988 164,879 183,168 90% (18,289) 1987 159,633 171,324 94%- (11,691) 1986 135,086 153,348 88% (18,262) 1985 103,574 136,512 76%- (32,938) Revenues by Source City Investment Benefit Administrative State Aid Contribution Income Other Payments Expenses Other 1994 17,913 7,622 (32,482) 174 11,752 3,626 - - 1993 13,881 8,921 27,699 299 44,750 4,848 - - 1992 14,038 6,536 32,410 186 - - 2,184 - - 1991 21,611 7,078 26,607 125 - - 2,660 - - 1990 13,130 - - 10,204 360 - - 2,576 970 1989 13,643 2,773 23,457 5,346 - - 1,816 - - 1988 11,496 6,163 10,254 298 20,920 2,044 - - . 1987 11,066 9,463 5,682 180 - - 1,844 - - 1986 10,066 9,626 13,162 354 - - 1,697 - - 1985 8,479 - - 10,472 168 12,000 2,001 - - Page 10 ~- Alvin M. Kern 1 ~ , Duane N. DeWenter Loren M. Viere -KDV Kern, lJeWenter, Vi ere, LtllD Gerald A. Stover Keith W Julson Dwayne B. Dockendorf Certified Public Accountants David H. Hinnenkamp July 24, 1995 Ms. Rachel Stapleton City AdministratorjClerk-Treasurer City of St. Joseph P.O. Box 668 St. Joseph, MN 56374 Dear Ms. Stapleton: We are prepared to audit the City's general purpose financial statements as of and for the year ending December 31, 1995, subject to the City Council's approval. Our audit will be made . . accordance with generally accepted 1.n - auditing standards and will include tests of the accounting records of the City of St. Joseph and other procedures as we consider necessary to enable us to express an unqualified opinion that the financial statements are fairly presented, in all material respects, in conformity with generally accepted accounting principles. If our opinion -is other than unqualified, we will fully discuss the reasons with you in advance. Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, and may include tests of the physical existence of inventories, and direct confirmation of receivables and certain other assets and liabilities by correspondence with selected individuals, creditors and banks. We will request written representations from your attorneys as part of the engagement, and they may bill you for responding to this inquiry. At the conclusion of our audit, we will also request certain written representations from you about the financial statements and related matters. An audit is based primarily on the selective testings of accounting records and related data; therefore, our audit will involve judgment about the number of transactions to be audi.ted and the areas to be tested. Because we will not perform a detailed audit of all transactions, there is a risk that material errors, irregularities, or illegal acts, including fraud or defalcations, may exist and not be detected by us. We wi II advise you, however - of any matters of that nature that come to our attention. Our responsibility as auditors is limited to the period covered by our audit and does not extend to matters that might arise during any later periods for which we are not engaged as auditors. 220 Park Avenue South PO. Box 1304 St. Cloud, MN 56302 612-251-7010 FAX 612-251-1784 4 . City of St. Joseph July 24, 1995 Page 2 We understand that you will provide us with the basic information required for our audit and that you are responsible for the accuracy and completeness of that information. We will advise you about appropriate accounting principles and their application and will assist in the preparation of your financial statements, but the responsibility for the financial statements remains with you. This responsibility includes the maintenance of adequate records and related controlsl the selection and application of accounting principles, and the safeguarding of assets. We understand that your employees will type all cash or other confirmations and prepare various schedules we request and will locate any invoices selected by us for testing. Our charges for these services will be based on the time of partners and staff members participating in the engagement, but will not exceed $ 7/000. If at any time during our audit, any extraordinary matters come to our attention and an extension of our services appears to be required, we will do so only after consultation with you. . If these arrangements meet with your approval, please sign the duplicate copy of this letter in the space provided and return it to us. Thank you. Sincerely, ( Accountant DH:rn Enclosures Approved: _ Date: . ~:; . . ... , . V RAJKOWSKI HANS MEIER LTD. Attorneys at Law Reply to: st. Cloud ST. CLOUD July 27, 1995 11 Seventh A venue North p.o. Box 1433 St Cloud. MN 56302-1433 Ms. Rachel Stapleton 612'251'1055 st. Joseph city Clerk 800'445'9617 P.O. Box 668 FAX 612'251'5896 st. Joseph, MN 56374 RE: Model Telecommunications Ordinance MINNEAPOLIS Our File No. 16,397 2904 Plaza VII 45 South Seventh Street Dear Rachel: Minneapolis, MN 55402-1620 I have had an opportunity to review the model 612'339'9206 telecommunications ordinance. Generally, it looks 800'445'9617 good. I have just a couple comments or suggestions: FAX 612'251'5896 . 1- The ordinance provides that application for a permit be submitted to the Director of Public Works. What may be more practical is to have the ordinance require the permit application to be FRANK J. RAjKOWSKI . submitted to your office and then referred to Dick GORDON H. HANSMEIER Taufen for consideration, review and establishment FREDERICK L. GRUNKE of conditions. In this way, you can track the THOMAS G.{OVANOVICH permits, fees and the time frames within which you will now need to respond to the request. Dick can fOHN H. SCHERER handle the technical end of the request. PAUL A. R,\{KOWSKl KE\'I.v F. GRA Y 2. I would consider adding a section to Subd. 7 WILLIAM J. C.'SHMAN setting forth insurance requirements right within D.wID T. SHAY the ordinance. The proposed regulations do RICHARD W. Sl1RALVARRO discuss insurance. I think that that should be MICHAEL c. R.\IKOIV5KI contained in the main body of the ordinance. 3 . section 11 allows the Director of Public Works to prepare suitable regulations. I would leave this provision, but I would change the language to fAllES H. KELL L .\ 1.0.. F..4.C.P. allow Dick to prepare a set of general regulations MEDICAL C', '........L"LTA~I to be applied to all permits but then to also give him the power and authority to place additional (Ã)ROO:'\: H. H.-\:-':S~U:II!' :..; .\¡)\IITIED TO pR...~cnCE requirements on a project as he deems necessary I:'\: :'\il)RHI DAI(\): \ \'\D WISCO:\"SI:-':, P:\L1. A. R..\IKl...··.~K! 1X WISCOXSIX and appropriate under the individual circumstances .' \\'ILLL~"J. c,- ," ;" " S0LTII DAKOT,^. of each permit. I believe that he should also have the authority to waive some of his general \IE~ltn:"" 't .-\~IERICA~ BOARD OF TS.I.-\L ADnX:A ITS. regulations if they will be inapplicable and unreasonably burdensome upon the permittee. Dick '. . ... Ms. Rachel Stapleton . July 27, 1995 Page -2- would not have the authority to waive any of the requirements contained in the ordinance, just any additional requirements which he would set out in the regulations. If the city council wishes to adopt such an ordinance, let me know, and I "Till have it typed up with any of these changes in the format used by the Code of Ordinances. I will wait to hear from you on this matter. Thank you. Very truly yours, RAJKOWSKI HN{SMEIER LTD. JHS/baz L:\gen\16397\af072795.011 . . V ! , , a research memo for city officials 475B .1 May 1995 Model Telecommunications Permit Ordinance LL $>J"~~t .'J~) ~::1t~47}{~~1; League of Minnesota· Cities "~" ";i; ,,-ft. . ~ ! .. © 1995 League of Minnesota Cities All rights reserved Printed in the United States of America . ----- iI~ League of Minnesota Cities 3490 Lexington Avenue North St. Paul, MN 55126 (612) 490-5600 . 1-800-925-1122 TDD: (612) 490-9038 Fax: (612) 490-0072 ~./~. , . t -"- . . May 18, 1995 Background to Model Telecommunications Permit Ordinance The following model ordinance is the result of a cooperative effort between James Strommen, of Kennedy & Graven Chartered, fonnerly Holmes & Graven Chartered in Minneapolis, attorneys for the Suburban Rate Authority ("SRAn), and Stan Peskar, General Counsel of the League of Minnesota Cities. The model ordinance is based primarily on an SRA model ordinance prepared by Mr. Strommen and Dave Kennedy, also of Kennedy & Graven. The SRA is a joint powers organization consisting of 32 Twin City suburban municipalities. The SRA has actively intervened in electric, gas, and telecommunications matters before the Minnesota Public Utilities Commission since the Commission's formation in 1974. Kennedy & Graven acts as city attorney for a number of Twin City municipalities and is bond or special project counsel for other Minnesota cities. The purpose of the model ordinance is' to provide uniform police power regulation over existing and new telecommunications equipment and facilities on public property. This is not a franchise. The right of Minnesota cities to require a franchise from telecommunications carriers is unclear, whether they be local service providers, long distance, cellular or providers of new . technology such as video dialtone. This issue is the subject of a legislative study to be conducted in 1995 for a report to the legislature by February 15, 1996. The powers set forth in this model ordinance are consistent with police powers generally and specifically granted to home rule and statutory cities in Minnesota. To the extent franchise rights exist, these ordinances would still be relevant and applicable. The provisions in this model ordinance are typical of what would be included in a franchise agreement, with the exception of a provision for franchise fees (e.g., gross receipts) and the more comprehensive provisions found in a cable franchise. This ordinance allows cities to defme rights and responsibilities regarding the location and relocation of utility equipment and facilities, repair obligations, public safety and indemnity. This ordinance does not apply to electric, gas, or cable utilities. They are government by Minnesota Statutes, Chapters 216B and 238, respectively. This ordinance should be reviewed carefully and coordinated with existing ordinances and pennitting policies of your city. If you have arty questions about the proposed provisions or the background to this ordinance, please call Stan Peskar at 612-490-5600 or James Strommen at 612-337-9233. . c\sgp\sra.ord . ... . - - SRA/LMC Model Telecommunications Permit Ordinance ORDINANCE NO. CITY OF I COUNTY, MINNESOTA An ordinance governing the construction, installation, operation, repair, maintenance, removal, and relocation of facilities and equipment.. used for the transmission of telecommunications or related services in the public ground of the City of . THE CITY COUNCIL OF ORDAINS: 1 SECTION 1. DEFINITIONS. Subdivision 1. The terms defined in this Section have the meanings given them. Subd. 2. Company. A natural or corporate person, business association, political subdivision, public or private agency of any kind, its successors and assigns, who or which seeks or is required to construct, install, operate, repair, maintain, remove or relocate facilities in the city. Subd. 3. Director. The director of public works (or equivalent position at the city). or designated representative.2 Subd. 4. Facilities. Telecommunications equipment of any kind, including but not limited to audio¡ video, paging¡ facsimile or similar service¡ not governed by Minnesota Statutes¡ chapter 238¡ including all trunks, lines¡ circuits, physical connections, switching equipment¡ wireless communication equipment of all kinds, and any necessary appurtenances owned¡ leased or operated by a company on¡ over, in, under¡ across or along public ground. Subd. S. Public Ground. Highways ¡ roads¡ streets¡ alleys, public ways¡ utility easements and public grounds in the city. SECTION 2. PERMIT PROCEDURE. Subdivision 1. Permit Reauired. A company may not construct, install, repair, remove or relocate facilities, or any part thereof, in, on, over, under or along public ground without first obtaining a permit from the city. 1 Enacting clauses are different in various charters. The statutory city enacting clause is used here . 2 "The director of public works, the city enginee.r, the street superintendent, etc." Some cities prefer to designate the city manager as the administrative authority in all cases relying on the manager to make the appropriate assignment. JMS88913 1 5U160-17 - - Subd. 2. Application. Application for a permit is made to the director. Subd. 3. Issuance of permi~. If the director determines that the applicant has satisfied the requirements of this ordinance the director may issue a permit to the company. An applicant may contest a permit denial or the conditions of approval by written notice to the clerk requesting a city council review within fourteen (14) days of the director's action. The Council shall hear any contest of the director's actions under this ordinance within forty-five (45 ) days of the city clerk's receipt of the contest notice. Nothing in this ordinance precludes the city from requiring a franchise agreement with the applicant, as allowed by law, in addition to the issuance of a permit set forth herein. Subd. 4. Permit fee. The application must be accompanied by the permit fee set by the city council by resolution.3 Subd. 5. Security for completion of work. Prior to commencement of work, the company must deposit with the city security in the form of certified check, letter of credit or construction bond, in a sufficient amount as determined by the director for the completion of the work. The securities will be held until the work is completed plus a period of months thereafter to guarantee that restoration work has been satisfactorily completed. Upon application of the company! providing such information as the director may require, if two or more work projects are to be constructed during a calendar year, the director may accept, in lieu of separate security for each project, a single security for multiple projects in such form and amount as determined, in the discretion of the director, to be sufficient to assure completion of all projects which may be in progress at anyone time during that calendar year and to guaranty that restoration work wil1 be satisfactorily completed. The security will then be returned to the company with interest if required by law and then interest at the applicable statutory rate.4 Subd. 6. Inspection of work. When the work is completed the company must request an inspection by the director. The director will determine if the work has been satisfactorily completed and provide the company with a written report of the inspection and approval. 3 Many cities set permit and license fees annually by resolution. If this is not done, the actual fee should be inserted here. The amount of the fee should not exceed the am01.U1t reasonably expected to cover all city costs of administration', inspection and enforcement, J, The rate of interest could be the statutory rate of _%' or some recognized rate such as prime or a T-bill rate. J!.IS889 13 2 5U160-17 . . . Jo. . · SECTION 3. RESTORATION AND RELOCATION. Subdivision 1. Restoration. Upon completion of the work, the company must restore the general area of the work, including paving and its foundations, to the same condition that existed prior to commencement of the work and must exercise reasonable care to maintain the same condition for two years thereafter. The work must be completed as promptly as weather permits. If the company does not promptly perform and complete the work, remove all dirt, rubbish, equipment and material, and restore the public ground to the same condition, the city may put it in the same condition at the expense of the company. The company must, upon demand, pay to the city the direct and indirect cost of the work done for or performed by the city, including but not limited to the city's administrative costs. To recover its costs, the city will first draw. on the security posted by the company and then recover the balance of the costs incurred from the company directly by written demand. This remedy is in addition to any other remedies available to the city. Subd. 2. ComDanv initiated relocation. The company must give the city written notice prior to a company initiated relocation of · facilities. A company initiated relocation must be at the company's expense and must be approved by the city, such approval not to be unreasonably withheld. Subd. 3. City required relocation. The company must promptly and at its own expense, with due regard for seasonal working conditions, permanently relocate its facilities whenever the city requires such relocation. Subd. 4. Relocation where public qround vacated. The vacation of public ground does not deprive the company of the right to operate and maintain. its facilities in the city. If the vacation proceedings are initiated by the company, the company must pay the relocation costs. If the vacation proceedings are initiated by the city or other persons, the company must pay the relocation costs unless otherwise agreed to by the city,S company and other persons. SECTION 4. COMPANY DEFAULT. Subdivision 1. Notice. If the company is in default in the performance of the work authorized by the permit, including but not limited to restoration requi_rements, for more than 30 days after receiving written notice from the city of the default, the city may terminate the rights of the company under the permit. The notice of àefault must be in writing and specify the provisions of the permit · under which the default is claimed and state the grounds of the claim. The notice must be served on the company by personally S Vacation proceedings often initiated by property owners and are occasionally by the city itself. This provision authorizes cost sharing among the city, company and property owners if agreement can be reached. JMS88913 3 SU160-17 . delivering it to an officer thereof at its principal place of business in Minnesota or by certified mail to that address. Subd. 2. City action on default. If the company is in default in the performance of the work authorized by the permit, the city may, after the above notice to the company and failure of the company to cure the default, take such action as may be reasonably necessary to abate the condition caused by the default. The company must reimburse the city for the city's reasonable costs, including costs of collection and attorney fees incurred as a result of the company default. The security posted under Section 2, Subdivision 5 will be applied by the city first toward payment for such reimbursement. SECTION 5. INDEMNIFICATION. Subdivision 1. Scope. The company will indemnify, keep and hold the city, its elected officials, officers, employees, and agents free and harmless from any and all claims and actions on account of injury or death of persons or damage to property occasioned by the construction, installation, maintenance, repair, removal, relocation or operation of the facilities affecting public ground, unless such injury or damage is the result of the negligence of the city, its elected officials, employees, officers, or agents. The city will notify the company of claims or actions . and provide a reasonable opportunity for the company to accept and undertake the defense. Subdivision 2. Claim defense. If a claim or action is brought against the city under circumstances where indemnification applies, the company, at its sole expense, shall defend the city if written notice of the claim or action is given to the company wi thin a period wherein the company is not prejudiced in the defense of such claim or action by lack of such notice. If the company undertakes the defense, the company shall have complete control of such claim or action, but it may not settle without the consent of the city, which shall not be unreasonably withheld. This section is not, as to third parties, a waiver of any defense or immunity otherwise available to the city. In defending any action on behalf of the city, the company is entitled to assert every defense or immunity that the city could assert in its own behalf. SECTION 6. OTHER CONDITIONS OF USE. Subdivision 1. Use of public qround. Facilities must be 10cated, constructed, installed, maintained or relocated so as not to endanger or unnecessarily interfere with the usual and customary traffic, travel, and use of public ground. The facilities are subject to additional conditions of the permit as established by the director including but not limited to (i) the right of inspection by the city at reasonable times and places; (ii) the . obligation to relocate the facilities pursuant to Section 3, Subdj,visions 3 and 4 i3.nd (iii) compliance with all applicable regulations imposed by the Minnesota Public Utilities Commission ,JþI.£S891j . 4 SU160-17 . ~ . .. ~ . and other state and the federal law, including prompt compliance with the requirements of the Gopher State One Call program, Minnesota Statutes Chapter 216D. Subd. 2. Location. The facilities must be' pI aced in a location agreed to by the city. The company shall give the city forty-five (45 ) days advanced written notice of the company's proposed location of facilities within the public ground. No later than 45 days after the city's receipt of the company's written notice the city will notify the company in writing of the city's acceptance or rejection of the proposed location. . If the city rejects the company's proposed location, the city shall propose alternative locations. The ci ty does not waive or forfeit its right to reject the location of facilities by failure to respond within the 45 days. Subd. 3. Emergencv Work. A company may open and disturb the surface of public ground without a permit where an emergepcy exists requiring the immediate repair of its facilities. In such event the company must request a.permit not later than the second working day thereafter and comply with the applicable conditions of the permit. In no event, may the company undertake such an activity which will result in the closing of a street or alley without prior . notification to the city. Subd. 4. Street improvements, pavinq or resurfacing. The ci ty will give the company written notice of plans for street improvements where permanent paving or resurfacing is involved. The notice must contain (i) the nature and character of the improvements.; (ii) the streets upon which the improvements are to be madei. (iii) the extent of the improvements, the time when the ci ty will start the work; and, (iv) if more than one street is involved, the sequence in which the work is to proceed. Subd. 5. Companv Drotection of facilities. The company must take reasonable measures to prevent the facilities from causing damage to persons or property. The company must take reasonable measures to protect its facilities from damage that could be inflicted on the facilities by persons, property, or the elements. The company must take specific protective measures when the city performs work near the facilities. Subd. 6. Prior service connections. In cases where the city is undertakïng the paving or resurfacing of streets and the facilities are located under such street, the company may be required to install service connections prior to the paving or resurfacing, if it is apparent that service will be required during the five year period following the paving or resurfacing. . JMS889lJ 5 SU16O-17 , . SECTION 7. EFFECTIVE DATE AND APPLICABILITY TO EXISTING FACILITIES.6 Companies with facilities¡ in¡ on¡ overt under or along public ground on the effective date of this ordinance must take prompt action to comply with this ordinance and the permits authorized by this ordinance. A company¡ however, is not required to reapply fOJ:: a permit obtained from the city prior to the effective date of this ordinance. A company is not required to pay the difference between the permit fee of a previously obtained permit and the equivalent newly obtained permit under this ordinance. All other provisions of this ordinance apply to existing facilities. SECTION 8. ACCEPTANCE OF REQUIREMENTS. By receiving a permit pursuant to this ordinance, the company accepts and agrees to comply with all of the requirements of this ordinance. SECTION 9. PUBLIC GROUND OTHER THAN RIGHT-OF-WAY. Nothing in this ordinance is intended to grant to the companÿauthority beyond that given by Minnesota Statutes Section 222.37 for use of t.{le public right-of-ways for construction and operation of facilities. If the city allows the company to use its non-right-of-way public ground¡ the terms of this ordinance apply to the extent they are consistent with the contract, statutory and common law rights the city owns in such property. . SECTION 10. REGULATIONS; PERMIT SCHEDULES. The director is authorized and directed to prepare suitable regulations and schedules for the administration of permits issued under this ordinance. SECTION 11. SEVERABILITY. If any provision of this ordinance is contrary to law and therefore unenforceable, such provision will be severed and will not affect the other provisions of this ordinance. Passed and approved ATTEST: Mayor Clerk . 6 Effective dates vary from charter to charter. In statutory cities, the ordinance is effective on publication. This section grandfathers fees al~eady paid for an existing permit, but requires compliance with the new permit issued under this crè.inance, \,)1,:58 S 913 6 SU150-17 . .-. . ... ~ . SUPPLEMENTAL REGULATIONS Comment Many cities will have existing ordinances or regulations setting out the permitting process, insurance requirements, and other public safety requirements. If your city does not already have such provisions, the following sample regulations of the Direct or Public Works may give some suggestions. Such provisions could also be adopted by ordinance, but substantial flexibility to change as experience shows ways to improve the process may be desirable. Public Grounds Use Permittinq Recrulations SECTION 1 APPLICATION FOR PERMIT. Any person desiring to so use public property shall apply for a permit or renewal of a permit a minimum of two (2) working days before starting work and must submit detailed plans for street or . sidewalk use and pedestrian safety on major projects. This provision or portions thereof may be waived by the Director of Public Works in the event of an emergency. SECTION 2 GUARDING OF OBSTRUCTIONS, FENCES Any permittee obstructing any street, alley, sidewalk or other public property shall keep such obstruction or obstructions proper lyguarded at all times. From sunset to sunrise, all obstructions must be guarded by a sufficient number of warning lights placed in such manner that they wil1 give proper warning of said obstruction. The Director of Public Works may require any permittee obstructing a sidewalk to build adjacent to such obstruction a tight board fence at least six (6) feet high, except at street intersections where a six-foot open board fence shall be built and maintained, and adjacent to each such fence shall be built and maintained a temporary walk at least four (4) feet in width for the use of the public with a railing along the outside edge of the walk at least thirty-six (36) inches high. The Director of Public Works may waive the requirement for a temporary walk when it". is determined that a temporary walk is not necessary and that pedestrians canmore properly be protected by rerouting them to a walk across the street. SECTION 3 . DERRICKS AND HOISTS PROHIBITED No person shall place or use derricks or hoists of any kind or any portion thereof, includlhg outriggers and pads, upon any sidewalk unless the permit specifically permits such action. JMS889l3 7 5U160-17 . t . . SECTION 4 LIFTING Whenever any person applies for a permit for the use of a street or sidewalk or portion thereof for the purpose of hoisting or lifting equipment or material over, across and above said street or sidewalk, he shall provide for closing off those portions of the street and/or sidewalk encompassed within the lifting area with suitable barricades, signs, and warning lights and shal1 provide a four-foot pedestrian walkway around said lifting area, said walkway to be suitably enclosed on the street side with barricades and warning lights. SECTION 5 FLAGGERS The Director of Public Works may direct that flaggers, as described in Section 6F of the Manual on Uniform Traffic Control Devices for Streets and Highways, State of Minnesota, be used to control traffic. SECTION 6 NOTICE OF TRAFFIC CLOSURE The pennittee shall notify the Director of Public Works when . the permit area is closed to pedestrian and vehicular traffic and again when it is open to such traffic. SECTION 7 PERMIT REVOCATION Any permit issued under this chapter may be revoked at any time by the Director of public Works when he finds it in the best interest of the City of SECTION 8 INSURANCE The permittee shall obtain liability insurance for both personal injury and property damage in an amount not less than $1,000,000. The City shall be named as an additional insured under that insurance for the services provided under the permit. The permittee's insurance will be the primary insurance for the City. Permittee shåll provide a certificate of insurance on the City's approved form which verifies the existence of the required liability insurance coverage as well as worker's compensation coverage. SECTION 9 PARKING PROHIBITED . The parking of pri vatG vehicles wit.hin or ç,dj ac~nt. to the pe nni t area is prohibited. The loading or unloading' of trucks JHS88913 8 SU'-60-11 ·. .. . - - adjacent to the permit area is prohibited unless specifically authorized by the permit. SECTION 10 DOUBLE FEE Should any person or persons begin work of any kind without having first secured the necessary permit therefor, they shal1 be required to pay double the fee provided for such permit. SECTION 11 PERMIT TO BE DISPLAYED Permits issued under this chapter by the Department of Public Works shall be conspicuously displayed at all times for ease of inspection on the indicated work site. Approved by the Director. JMS88913 9 StI160-17 ~ .. ~ . . V RAJKOWSKI HANSMEIER LTD. Attorneys at Law Reply to: st. Cloud July 26, 1995 ST. CLOUD 11 Seventh Avenue North Ms. Rachel Stapleton P.o. Box 1433 st. Joseph City Clerk St. Cloud, MN 56302-1433 P.O. Box 668 612'251'1055 st. Joseph, MN 56374 800'445'9617 FAX 612'251'5896 RE: New Law Re: Governmental Approval Our File No. 17,038 MINNEAPOLIS Dear Rachel: 2904 Plaza Vll 45 South Seventh Street I want to take an opportunity to call to your attention a law recently passed by the state Legislature. This Minneapolis, MN 55402-1620 law was enacted as Chapter 248, Article 18 of the 1995 612'339'9206 session Laws. It will be codified as Minn. stat. 800'445'9617 § 15.99. FAX 612'251'5896 I Under this new law, an agency must approve or deny a request relating to zoning, septic systems or other matters involving governmental approval of an action within 60 days after receipt of a written request. For F.~ANK J. RA/KOWSKI . instance, if a city receives a request for a GORDON H. HAN5MElER conditional use permit, the city must formally respond FREDERICK L. GRUNKE within 60 days of receipt of the written request. If THOMAS G. JOVANOVICH it fails to do so, the request is deemed to be JOHN H. SCHERER approved. Any denial of a request must be accompanied by the written reasons upon which the denial is based. PAUL A. RA/KO\V5KI KEVIN F. GRIY The statute defines agency as any statutory city, home WILLIAM J. CA'II.\lAN rule city or other political subdivision. I believe DAVID T. SH.W that this statute would also apply to towns and school RICHARD W. SORAI.VARRO districts. MICHAEl. c. R·\jiCOIVSKI The 60-day time period begins to run upon receipt of all information required by law, rule, ordinance, or agency policy. Therefore, if a request is made for something such as plat approval and the developer fails /.-\.\IE5 H. ¡'::-~Lr, Me', F.A.C.P. to submit a plat which contains the details required by ~IFD!\. "d. CO:-":~U_T:\~'T ordinance, the 60-day time period does not begin to run until the proper information is submitted. If an GORDO:-\ H. H.-\:-;~\tEIER IS AD\IIITED TO PRA<..ìlCE application or request does not contain all necessary 1:--: ~ORT" [JAKOTA X',I! \\'ISCOSSI~, P.-\L"L A RA)KO\\'S¡";'I :'.. WISCOSSIS information, the agency needs to send notice to the ..\-'D WII.lIA\! L C.-\..";H\!A' !'-.: 5<JLiH D.-\KOT:\. applicant within ten days specifying what is missing. , . ",""" " .",,"" Unless a written notice is sent designating the missing (k1.-\tW ('IF TRIAL ..\m\XATF5. information, the 60-day period runs from the date of the original submission. . .. . ~ Ms. Rachel Stapleton July 26, 1995 Page .- 2 - , The agency will comply with the 60-day time frame if 0. response is sent within 60 days. It does not have to prove that the response was received by the applicant within 60 days. There is some exceptions to the 60-day rule. If it is impossible to respond within 60 days because another statute or court order prohibits 60-day processing, the 60-day period does not begin to run until the statute or order causing the delay is addressed. The 60-day time frame can also be extended if it is necessary to first have state or federal approval of the action requested of the city. Once state or federal approval is received, the 60-day time frame then begins to run. The agency may also request an extension df the deadline by giving written notice of the extension to the applicant. The written notice must state the reason and anticipated length of the extension. The extension may not exceed an additional 60 days. I believe that this statute will have its greatest impact with respect to zoning requests which require review and approval by dual bodies. It wil1 now be necessary for both bodies to take action within 60 days. I believe that you may also want to develop a calendar system by I which you may document the date upon which a request is received and when the 60 days will expire. If it appears that it will be impossible to properly respond to the request within those 60 days due to the requirement of multiple board approval, public notice, advertising requirements, etc. , then I believe a letter should go out immediately requesting a 60-day extension. There is no monetary penalty for failure to comply with the 60- day requirement. The only consequence is automatic approval of the requested action. If you have any other questions regarding this statute, please let me know. Thank you. Very truly yours, RAJKOWSKI HANSMEIER LTD. H. Scherer JHSjbaz cc: The Honorable Bud Reber , Joe Bettendorf L:IgenI17038Iaf072595.013 V .. .~ " ~ . Department Head Meeting ':3:øø AM, Friday, July 21, .19';3::) Stapleton * Counc.:il approved over'lay projects as presented. A public hearing is scheduled for August 3, 1995. * Uff icer Lindgr'en presented his department head report to include the following: > Jon Brunner resigned as a reserve officer. Council approved purchase and presentation of a plaque on behalf of the City. > Ufficer Jean Gustin resigned her duties as D.A.R.E. c..dficer. Chief Lindgren will check with Stearns County to pr'ovide this service. > Lindgren demonstrated the "stop sticks" recently purchased with a donation from the Lions Club. > CSB agreed to contr'ibute one third of the portion of wages required to be paid by the local government as part of the FASTCUP grant. SJU has tentatively agreed to t.he same. > Council approved the purchase of a new chair for Chief Lindgren's Office. > Lindgren discussed plans for Ufficer Brad Meyer to become the Community Officer, scheduled from mid-morning . until early evening. This officer would be able to fill in for vacations, etc. as necessary. * LaPlayette was granted a three day event license for an UktobE:'rfest. celebration October 20, 21, and 22, 1995. * Council noted the installation of a four-way stop at the intersE:'ction of 2nd Ave NW and Minnesota St W/Co Rd 2. * Council decided to allow residents of the township the use of the City compost area. * Counc.:il approved the installation of lights and an E:'xhaust fan in the Centennial Park Shelter at a cost of $279. * Councilor Hiemenz reported on the following: > Receipt of a letter from Ms Hemmesch listing her experience with regard the quality of construction by Lumber One Avon. > Need for Police Department to remain aware of the numerous U-turn violations on West Ash Street in front of the Post Office. * Council discussed the problem of refuse throughout the Cit.y. At the last City Council meeting it was decided that an inventory of trash be taken on a continual basis while employeE:'s patrol the City. Police Department along with t.he Director of Public Works are to note areas that need attention with regard to the following: weeds, trash, junk cars, and the obstruction of signs. Problem areas are to be reported to the responsible authorities to be remedied before residents issue a complaint. . * Counc.:il agreed to a $t.00 deductible in Worker's compensation policy. * Council discussed the installation of a fence located at 10'; - 7th Ave SE. ~ ., 1 . ¡¡- Before the vacation of the ROW area located at the · northeast corner of 2nd Ave NW and Minnesota St W a public hearing needs to be scheduled. ¡¡- Mike Hiemenz appeared before the Council to request relief from kennel fees for his dog recently impounded at the St. Joseph Vet Clinic. Council agreed to payment of one half thl2 boarding fees and to waive the pick-up fee. Marthaler * CoIuestioned t.he st.at.us of t.he inst.allat.ion of a crosswalk t.CJ run Nort.h/Sout.h on Minnesot.a St.reet W an the west. side on t.he intersection located at. Minnesot.a St W and 2nd AVE:: NW. · ·