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2014-002 Financing plan <br /> <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 /> <br />Compliance and Other Matters <br /> <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 /> <br />2014-001 Public purpose expenditure <br /> <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: <br />The Mayor and City Council members have, subsequently, reimbursed the City for the entire cost of <br />the painting. <br />-2- <br /> <br />