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2014-002 Financing plan <br /> Condition: During our audit, it was noted that a payment was made to the City of Lino Lakes for the City's <br /> share of a joint project totaling$310,961. The project included a street,sewer and water component <br /> but the entire project was paid from the water fund. Typically,project costs should be funded by the <br /> benefitted fund. Furthermore,when reviewing support for this payment it appeared that a <br /> documented financing plan was not in place. Upon further review,a draft special assessment <br /> agreement was found in the project file. However,it was not signed or approved by City Council. <br /> Criteria: Without a signed agreement or other supporting documentation,the City cannot establish evidence <br /> that a commitment for payment from the benefitted party has been agreed to. <br /> Cause: It appears that the City did not have proper follow up or documentation to document evidence of the <br /> special assessment agreement. <br /> Effect: The effect of this condition is two-fold. First,it appears that the Water fund had the most cash and <br /> as a result was used to pay for the project. While this may be acceptable,we did not see evidence <br /> that the Council considered other options.The long term effect of this practice is that the water fund <br /> rates end up being higher than necessary in order to fund projects that could be financed by general <br /> tax levy or specific benefitted properties. Second,without the proper signed agreement in place <br /> there is no signed evidence of the benefitted parties commitment to pay for the project. <br /> Recommendation: We recommend City procedures should include proper approval from City Council and any other <br /> required parties for the financing plan,which also identifies the components of the project and what <br /> resources the City uses to fund them. This will give council better tools to evaluate the project and <br /> understand the true costs. <br /> Management response: <br /> The City has located the signed assessment agreement and will be presenting it to the City Council for official approval <br /> as soon as possible. The agreement will be revised to include updated costs and new financing terms. <br /> Compliance and Other Matters <br /> As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement,we performed tests <br /> of compliance with certain provisions of Minnesota statutes.However,providing an opinion on compliance with those provisions was <br /> not an objective of our audit,and accordingly,we do not express such an opinion.While our audit provides a reasonable basis for our <br /> opinion,it does not provide a legal determination on the City's compliance with those requirements.We noted no instances of <br /> noncompliance with Minnesota statues except as noted below. <br /> 2014-001 Public purpose expenditure <br /> Condition: Our audit procedures include certain tests of the City's compliance with specific statutes and rules. <br /> During our tests we noted that the City Council approved a purchase for a painting costing$296 and <br /> presented it as a gift to the retiring City Administrator. <br /> Criteria: According to Minnesota statutes section 15.46,in order for an expenditure of public funds to be <br /> lawful it should meet two standards: 1.)There must be a public purpose for the expenditure and <br /> 2.)There must be specific or implied authority for the expenditure in statute or in the City's charter. <br /> Minnesota statutes do not provide the authority for employee recognition. <br /> Cause: It appears the City Council did not adequately consider the lawful purpose statutes. <br /> Effect: While the amount may be considered relatively minor,the expenditure does not meet the criteria for <br /> a valid public expenditure and as a result the City is out of compliance with statutes. <br /> Recommendation: We recommend the City Council review the public purpose guidelines to ensure expenditures meet <br /> the above requirements. <br /> Management response: +PrNOocess.le <br /> The Mayor and City Council members have,subsequently,reimbursed the City for the entire cost of Ci01 <br /> the painting. <br /> -2- ,N�llT irs <br />