C. Organizational ItemsMEMORANDUM
CITY OF CHANHASSEN
Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow
TO: Mayor and City Council
FROM: Todd Gerhardt, City Manager
DATE: January 8, 2018 6*1
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.
d. Council Member to the SouthWest Transit Commission for a three-year
term.
Approval requires a simple majority vote of the council.
BACKGROUND
The following items require council action as a part of the first meeting of 2018:
Official Newspaper. The city council must designate an official newspaper that meets
qualifications of state statute. The Chanhassen Villager has submitted a request for this
designation. Their price per column inch is $6.40 (a 3% increase from 2016 rate of $6.22). The
increase in due to increasing postal rates. Residents may either subscribe or request a free
subscription 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.
PH 952.227.1100 • www.ci.chanhassen.mn.us • FX 952.227.1110
7700 MARKET BOULEVARD • PO BOX 147 • CHANHASSEN • MINNESOTA 55317
I
Mayor & City Council
January 8, 2018
Page 2
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 meets quarterly.
State statute requires that the board have three municipal trustees, including one elected official
(currently Councilwoman Tjornhom), one elected or appointed official (currently Finance
Director Greg Sticha), and the fire chief (currently Chief Don Johnson). Staff recommends that
the council appoint one of its members and the Finance Director to the Fire Relief Association
Board. According to state statute, these appointments are made annually.
South West Transit Commission: As part of the Fifth Restated Joint Powers Agreement for
SouthWest Transit, each party to the agreement must provide two commissioners; one a member
of the party's governing body (Seat A) and one of whom shall be a member of the party's
governing body or a resident who resides in the jurisdiction of that member (Seat B).
Councilman Jerry McDonald was reappointed last January to Seat A with a term ending
12/31/2019. Mayor Denny Laufenburger currently occupies Seat B which term expired on
12/31/2017. The council should select one of its members to serve a three-year term expiring
12/31/2020.
If you have any questions, please contact me.
ATTACHMENTS
1. Letter from Chanhassen Villager dated December 13, 2017.
2. Minnesota Statute 331A.04 concerning Appointment of Official Newspapers.
3. Minnesota Statute 424A.04 concerning Volunteer Fire Relief Associations:
Board of Trustees.
4. Excerpt from SouthWest Transit Commission Fifth Restated Joint Powers Agreement.
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Chanhassen
�Tillager
December 13, 2017
Mr. Todd Gerhardt
City of Chanhassen
7700 Market Boulevard
Chanhassen, Minnesota 55317
Dear Mr. Gerhardt,
RECEIVED
DEC 15 201'
CITY OF CHANHASSEN
Please consider our request for appointment of the Chanhassen Villager as the official newspaper
for the City of Chanhassen in 2018.
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 resi-
dents who wish to stay informed about the decisions being made by your elected body. We have
not increased the city's per -inch rate of $6.22 for several years. Due to projected increased postal
rates, our bid submitted for the coming year will reflect a 3% increase. The rate submitted by the
Chanhassen Villager for 2018 is $6.40 per column inch.
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.
I. Hartmann
of Operations
123 West Second Street, Chaska, Minnesota 55318 • (952) 445-3333
MINNESOTA STATUTES 2017 331A.04
331A.04 DESIGNATION OF A NEWSPAPER FOR OFFICIAL PUBLICATIONS.
Subdivision 1. Priority. The governing body of a political subdivision, when authorized or required by
statute or charter to designate a newspaper for publication of its public notices, shall designate a qualified
newspaper in the following priority.
Subd. 2. Known office in locality. If there are one or more qualified newspapers, the known office of
issue of which are located within the political subdivision, one of them shall be designated.
Subd. 3. Secondary office in locality. When no qualified newspaper has a known office of issue located
in the political subdivision, but one or more qualified newspapers maintain a secondary office there, one of
them shall be designated.
Subd. 4. General circulation in locality. When no qualified newspaper has its known office of issue
or a secondary office located within the political subdivision, then a qualified newspaper of general circulation
there shall be designated.
Subd. 5. Other situations. If a political subdivision is without an official newspaper, or if the publisher
refuses to publish a particular public notice, matters required to be published shall be published in a newspaper
designated as provided in subdivision 4. The governing body of a political subdivision with territory in two
or more counties may, if deemed in the public interest, designate a separate qualified newspaper for each
county.
Subd. 6. Exception to designation priority. (a) Notwithstanding subdivisions 1 to 3, the governing
body of a political subdivision may designate any newspaper for publication of its official proceedings and
public notices, if the following conditions are met:
(1) the newspaper is a qualified medium of official and legal publication;
(2) the publisher of the newspaper famishes a swom statement, verified by a recognized independent
circulation auditing agency, covering a period of at least one year ending no earlier than 60 days before
designation of the newspaper, stating that the newspaper's circulation reaches not fewer than 75 percent of
the households within the political subdivision;
(3) the newspaper has provided regular coverage of the proceedings of the governing body of the political
subdivision and will continue to do so; and
(4) the governing body votes unanimously to designate the newspaper.
(b) If the circulation of a newspaper designated under this subdivision falls below 75 percent of the
households within the political subdivision at any time within the term of its designation as official newspaper,
its qualification to publish public notices for the political subdivision terminates.
Subd. 7. Joint bidding. A bid submitted jointly by two or more newspapers for the publication of public
notices must not be considered anticompetitive or otherwise unlawful if the following conditions are met:
(1) all of the qualified newspapers in the political subdivision participate in the joint bid;
(2) the existence of the joint bid arrangement is disclosed to the governing body of the political subdivision
before or at the time of submission of the joint bid; and
Copyright C 2017 by the Revisor of Statutes, State of Minnesota. All Rights Reserved
331A.04 MINNESOTA STATUTES 2017
(3) the board is free to reject the joint bid and, if it does, individual qualified newspapers do not refuse
to submit separate bids owing to the rejection of the joint bid.
History: 1984 c 543 s 23; 2003 c 59 s 1; 2004 c 182 s 14
Copyright 0 2017 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.
MINNESOTA STATUTES 2017 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
municipalities served by the fire department to which the relief association is directly associated. The bylaws
of 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
representatives 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 firefighting 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 firefighting corporation. The bylaws of a relief association 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 firefighting 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 the joint 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, joint 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
position at any one time. The terms of the elected trustees and of the officers of the board must be specified
Copyright 8 2017 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.
424A.04 MINNESOTA STATUTES 2017
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 11 A.09. In addition, the trustees shall act in accordance
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 I IA.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
association 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; 1 Sp2001 c 10 art 16 s 1; 1 Sp2005 c 8 art 9 s 14; 2009 c 169 art 10 s 38; 2012
c 286 art 12 s 16
Copyright C 2017 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.
2. PURPOSE.
The purpose of this Agreement and SouthWest Transit is to (i) provide alternative methods
of providing public transit service for the Cities of Eden Prairie, Chanhassen, and Chaska and (ii)
contract to provide transit and transit planning services to other entities, as approved by the
Commission, pursuant to Minnesota Statutes Sections 16A.88, 471.59, 473.384, and 473.388.
3. DEFINITIONS.
(a) "Commission" means the organization created by this Agreement, the full name of
which is SouthWest Transit.
(b) "Board" means the Board of Commissioners of SouthWest Transit.
(c) "Council' means the governing body of a Party to this Agreement.
(d) "Party" means any entity which has entered into this Agreement.
(e) "Metropolitan Council' means the regional entity established by Minnesota
Statutes Section 473.123.
4. PARTIES.
The municipalities which are original Parties to this Agreement are Eden Prairie,
Chanhassen, and Chaska. No change in governmental boundaries, structure, organizational status
or character shall affect the eligibility of any Party listed above to be represented on the
Commission so long as such Party continues to exist as a separate political subdivision.
After the effective date of this Agreement, an entity may join the Commission upon all of
the following: (i) entering into a consolidation agreement or similar agreement with the
Commission, which agreement shall set forth the terms and conditions for adding a new party or
Parties including but not limited to: transfer of transit assets, funding and reserves, timing,
branding and marketing, existing contracts and agreements, and withdrawal; (ii) filing with the
Commission of a resolution duly adopted by the governing body of the proposed new party
agreeing to the terms of this Agreement, as amended at the time of said filing,; and (iii) the filing
of a resolution by the governing body of each Party approving the addition of the new parry. All
such resolutions shall be attachT to and become a part of this Agreement. The terns and
conditions of the consolidation or similar agreement shall supersede the terms of this Agreement
unless specifically stated otherwise;
5. BOARD OF COMMISSIONERS.
(a) Except as otherwise provided under Section 6 hereof, the governing body of the
Commission shall be the Board which will consist of two commissioners from each
Party and one at large commissioner, all as appointed as set forth below.
(b) Party Commissioners. Each Party shall appoint two commissioners one of whom
shall be a member of the Party's governing body ("Seat A") and one of whom shall
be a member of the party's governing body or a resident who resides in the
jurisdiction of that member ("Seat B").
A commissioner appointed to Seat A ceases to be a commissioner if the person
ceases to be a member of the Party's governing body. A commissioner appointed
to Seat B ceases to be a commissioner if the person cease to be a resident of who
resides in the jurisdiction of that member. A Party shall appoint a new
commissioner in accordance with 5 (b) to serve the remainder of the term created
by the vacancy.
(c) At Large Commissioner. The Board shall appoint one at large commissioner,
which commissioner shall reside or maintain a principal place of business within
the jurisdiction of one of the Parties. The at large commissioner shall serve a three
year tern. An at large commissioner may serve no more than one consecutive tern;
except that the Board may, in the Board's sole discretion, extend the term for one
additional year.
(d) Terms. Each party commissioner shall serve a 3 year term on the following
schedule:
Term 1 — expires December 31, 2015 and every three years thereafter.
Term 2 — expires December 31, 2016 and every three years thereafter.
Term 3 — expires December 31, 2017 and every three years thereafter.
The terms shall be assigned as follows:
Party Seat
Term
Chanhassen A
2
B
3
Chaska A
1
B
2
Party Seat
Term
Eden Prairie A
3
$
1
New Party 2 A
3
B
1
The commissioner terms of new parties to the Commission shall be assigned using
the following system, which shall continue to repeat in the same order if more than
four parties are added. Assignment of terms for new Parties after New Party 4 shall
continue in the same manner. if multiple Parties are added at one time the Board
shall determine the number of each new party for purposes of term assignments.
Party Seat
Term
New Party I A
1
B
2
New Party 2 A
3
B
1
3
Pa Seat
Term
New Party 3 A
2
B
3
New Party 4 A
1 .
B
2