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D-1. Organizational Items0 CITY OF �;'�'J'HANNSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone 952 2271100 Fax 952 2271110 Building Inspections Phone 952 2271180 Fax 952 2271190 Engineering Phone 952 2271160 Fax 952 2271170 Finance Phone 952 2271140 Fax 952 2271110 Park & Recreation Phone 952 2271120 Fax 952 2271110 Recreation Center 2310 Coulter Boulevard Phone 952 2271400 Fax 952 2271404 Planning & Natural Resources Phone 952 2271130 Fax 952 2271110 Public Works 7901 Park Place Phone 952 2271300 Fax 952 2271310 Senior Center Phone 952 2271125 Fax 952 2271110 Website www ci chanhassen mn us MEMORANDUM To. Mayor and City Council FROM: Todd Gerhardt, City Manager DATE: January 12, 2015 SUBJ: Organizational Items PROPOSED MOTION: The Chanhassen City Council makes the following appointments a. Chanhassen Villager as its official newspaper; b Council Member as Acting Mayor, and c Council Member and the Finance Director be appointed to the Fire Relief Association Board of Trustees Approval requires a simple majority vote of the council BACKGROUND The following items require council action as a part of the first meeting of 2015 Official Newspaper: The city council must designate an official newspaper that meets the qualifications of state statute The Chanhassen Villager has submitted a request for this designation Their price per column inch is $12 for the first insertion and $8 75 per column inch for subsequent insertions Typically, the Lakeshore Weekly News has also submitted a bid, but this newspaper is now owned by the same company as the Villager Residents may request a free subscription to the Chanhassen Villager be delivered to their home Staff recommends that the Chanhassen Villager be appointed as the city's official newspaper Acting Mayor: The council should select one of its members to serve as acting mayor The acting mayor will preside over council meetings, stand in at ceremonies, and execute official city documents in the absence of the mayor Appointments to the Fire Relief Association Board of Trustees: The Chanhassen Fire Relief Association Board of Trustees oversees all financial and pension matters for the association This includes oversight of pension investments, amendments to bylaws, and a special discretionary fund that is raised through donations and fundraising The board will meet quarterly State statute requires that the board have three municipal trustees, including one elected official, one elected or appointed Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow D -.1 Mayor & City Council January 12, 2015 Page 2 official, and the fire chief Staff recommends that the council appoint one of its members and the Finance Director to the Fire Relief Association Board The term of office for the council representative will run concurrent with their term on the council. If you have any questions, please contact me ATTACHMENTS 1 Letter from Chanhassen Villager dated December 19, 2014 2 Minnesota Statute 331A.04 concerning Appointment of Official Newspapers 3. Minnesota Statute 424A 04 concerning Volunteer Fire Relief Associations Board of Trustees g \user\karen \org mtg 2015 doc Chanhassen g illa er December 19, 2014 Mr Todd Gerhardt City of Chanhassen 7700 Market Boulevard Chanhassen, Minnesota 55317 Dear Mr Gerhardt, CITY OF CHANHASSEN Please consider our request for appointment of the Chanhassen Villager as the official newspaper for the City of Chanhassen in 2015 We recognize that financial challenges are being faced by most government bodies, and feel very strongly that the publishing of legal notices in the newspaper is of vital importance to local residents who wish to stay informed about the decisions being made by your elected body Consequently, a per -inch rate of $6 99, which reflects no increase over the current rate charged, is submitted for the coming year We would stipulate that the city follow its normal procedure of submitting legal notices in generic text format of as Microsoft Word documents via e -mail Legal notices requiring special handling will be billed at the rate of $12 per column inch for the first insertion and $8.75 per column inch for subsequent insertions Notices submitted by the City of Chanhassen will continue to be posted on our newspaper website, www chanvillager com, free of charge Our legal notice deadline is at noon on Thursday, preceding the following week's publication date; during holiday weeks the deadline may be advanced Thank you for the opportunity to be of service to you in the past We hope that relationship can be continued in the coming year Respectfully, (jw�t � - "qm/t/� Laurie A Hartmann Director of Operations 123 West Second Street, Chaska, Minnesota 55318 • (952) 445 -3333 MINNESOTA STATUTES 2014 424A 04 424A.04 VOLUNTEER RELIEF ASSOCIATIONS, BOARD OF TRUSTEES Subdivision 1 Membership (a) A relief association that is directly associated with a municipal fire department must be managed by a board of trustees consisting of nine members Six trustees must be elected from the membership of the relief association and three trustees must be drawn from the officials of the mu- nicipalities served by the fire department to which the relief association is directly associated The bylaws of I)t a relief association which provides a monthly benefit service pension may provide that one of the six trustees elected from the relief association membership may be a retired member receiving a monthly pension who is elected by the membership of the relief association The three municipal trustees must be one elected municipal official and one elected or appointed municipal official who are designated as municipal repre- sentatives by the municipal governing board annually and the chief of the municipal fire department (b) A relief association that is a subsidiary of an independent nonprofit freighting corporation must be managed by a board of trustees consisting of nine members Six trustees must be elected from the membership of the relief association, two trustees must be drawn from the officials of the municipalities served by the fire department to which the relief association is directly associated, and one trustee must be the fire chief serving with the independent nonprofit freighting corporation. The bylaws of a relief as- sociation may provide that one of the six trustees elected from the relief association membership may be a retired member receiving a monthly pension who is elected by the membership of the relief association The two municipal trustees must be elected or appointed municipal officials, selected as follows (1) if only one municipality contracts with the independent nonprofit freighting corporation, the municipal trustees must be two officials of the contracting municipality who are designated annually by the governing body of the municipality, or (2) if two or more municipalities contract with the independent nonprofit corporation, the municipal trustees must be one official from each of the two largest municipalities in population who are designated annually by the governing bodies of the applicable municipalities. (c) The municipal trustees for a relief association that is directly associated with a fire department operated as or by a joint powers entity must be the fire chief of the fire department and two trustees designated annually by thejoint powers board The municipal trustees for a relief association that is directly associated with a fire department service area township must be the fire chief of the fire department and two trustees designated by the township board (d) If a relief association lacks the municipal board members provided for in paragraph (a), (b), or (c) because the fire department is not located in or associated with an organized municipality, point powers entity, or township, the municipal board members must be the fire chief of the fire department and two board members appointed from the fire department service area by the board of commissioners of the applicable county (e) The term of the appointed municipal board members is one year or until the person's successor is qualified, whichever is later (f) A municipal trustee under paragraph (a), (b), (c), or (d) has all the rights and duties accorded to any other trustee, except the right to be an officer of the relief association board of trustees (g) A board must have at least three officers, who are a president, a secretary and a treasurer. These officers must be elected from among the elected trustees by either the full board of trustees or by the relief association membership, as specified in the bylaws In no event may any trustee hold more than one officer Copyright © 2014 by the Revisor of Statutes, State of Minnesota All Rights Reserved 424A 04 MINNESOTA STATUTES 2014 2 position at any one time The terms of the elected trustees and of the officers of the board must be specified in the bylaws of the relief association, but may not exceed three years If the term of the elected trustees exceeds one year, the election of the various trustees elected from the membership must be staggered on as equal a basis as is practicable Subd 2 Fiduciary duty. The board of trustees of a relief association shall undertake their activities consistent with chapter 356A Subd 2a Fiduciary responsibility. In the discharge of their respective duties, the officers and trustees shall be held to the standard of care specified in section I IA 09 In addition, the trustees shall act in ac- cordance with chapter 356A Each member of the board is a fiduciary and shall undertake all fiduciary activities in accordance with the standard of care of section 11 A 09, and in a manner consistent with chapter 356A No fiduciary of a relief association shall cause a relief association to engage in a transaction if the fiduciary knows or should know that the transaction constitutes one of the following direct or indirect transactions (1) sale or exchange or leasing of any real property between the relief association and a board member; (2) lending of money or other extension of credit between the relief association and a board member or member of the relief association, (3) furnishing of goods, services, or facilities between the relief association and a board member, or (4) transfer to a board member, or use by or for the benefit of a board member, of any assets of the relief association. A transfer of assets does not mean the payment of relief association benefits or administrative expenses permitted by law Subd 3 Conditions on relief association consultants. (a) If a volunteer firefighter relief association employs or contracts with a consultant to provide legal or financial advice, the secretary of the relief as- sociation shall obtain and the consultant shall provide to the secretary of the relief association a copy of the consultant's certificate of insurance (b) A consultant is any person who is employed under contract to provide legal or financial advice and who is or who represents to the volunteer firefighters relief association that the person is (1) an actuary, (2) a certified public accountant, (3) an attorney; (4) an investment advisor or manager, or an investment counselor, (5) an investment advisor or manager selection consultant; (6) a pension benefit design advisor or consultant, or (7) any other financial consultant History 1979 c 201 s 14, 1980 c 607 art 15 s 12, 1981 c 224 s 210, 1983 c 219 s 8, 1989 c 319 art 8 s 27, 2000 c 461 art 15 s 10, ISp2001 c 10 art 16 s 1, ISp2005 c 8 art 9 s 14, 2009 c 169 art 10 s 38, 2012 c 286 art 12 s 16 Copyright © 2014 by the Revisor of Statutes, State of Minnesota All Rights Reserved