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HomeMy WebLinkAbout03-28-1994 EDA�__ -� - , � �E �� -_� , ', '!J \ �! r �� � � ii� ��� ;�I! 1'6 }�1(�..� �f���1 ���'��R��.��x , '� �c. ��&:�,I � :�� i����� 1��,=�'� Y��',6 »1I �� �� _ __: _ _ _ _ __ _: _ __ _ _ __ _ _ _ _ _ _ _ __ _ _ _ __ b�����ti�, � �, a ���,: ��..7%;. U���fi�o 9����h�JdG,�-��������i'' �'�..��,�„�!};��,rrf�i�!��, ���:������I�. G��"�,�f�t��;.:; _ _ __ _ _ _ _ _ _ _ _ _ __ _ ___ _ _ _ _ _ _ __ _ __ __ _ __ __ _ _ __ _ __ _ _ _ _ _ __ _ ___ _ __ __ _ _ _ ___ _ ___ __ ___ _ __ _ _ _ _ __ _ __ __ __ _ _ __ _ _ __ _ _ _ _ _ _ _ __ __ _ _ __ _ _ _ __ __ __ __ _ _ _ __ __ _ _ _ _ _ _ _ _ __ __ _ __ _ _ _ __ __ J _ _ _ __ _ _ _ _ _ } _ _ _ _ __ �:: �i16 P ���.���f �� P.II�a.'I��&' . (�`0��`:�,�� � :�:: � ,i ' ! ' CALL TO ORDER 2. ROLL CALL - Linke Quick Wuori Blanchard Trude 3. APPROVAL OF AGENDA EDA ACTION: A T D Comments: 4. APPROVAL OF MINUTES: This is the first meeting of the EDA and, therefore, there are no previous minutes to be considered. 5. CONSENT AGENDA All items being considered at this meeting fall under EDA Business. ... _�,s. -s.. .. : �--� ..—��-.__ �Y � �. t�._ �_. � � � . � -2- 6. EDA BUSINESS: A. Consideration of Resolution No. 94-EDA1 Organizing the Mounds View Economic Development Authority and Accepting the Transfer of Certain Projects of the City, Including the Tax Increment Financing Districts Therein EDA ACTION: A T D Comments: 7. REPORTS: Re 1. 2. 3. 4. of EDA Board Members: Report of President Linke: Report of Vice President Blanchard: Report of Secretary Wuori: Report of Commissioners: a. Commissioner Quick: I 5. � r�► -3- b. Commissioner Trude: Report of Executive Director: Report of Treasurer: Report of Attorney: 8. ADJOURNMENT: M�UNDS VIEW ECONOMIC DEVELOPNIENT AUTHORITY REQUEST FOR EDA CONSIDERATION STAFF REPORT EDA NtEETING DATE MARCH 28, � 994 EDA Action: ❑ Special Order of Business Agenda Section: 6A ❑ Public Hearings Report Number• 4 DA- � ❑ Cunsent Agencla Report Date: ARCH 24, X CDA 13usincss 1994 [tctii Dcscriptioii: Resolution Organizing the Mounds View Economic Development Authority and Accepting the Transfer of Certain Projects of the City, Including the Tax Increment Executive Direcror's Review/Recommendation: - I�fo contmen[s to supplement this report - Commcnts attac;c�cci Expiautl[t011/SUilllllary �:�uach supplement sheets :u nca;ssary) SUN[MARY: The attached resolution accomplishes two important actions required by an EDA: 1. Adopts the required organizational By—laws and appoints Officers of the EDA Board of Commissioners. 2. Formally accepts the terms, conditions and all obligations associated with the transfer from the City to the EDA of Economic Development District Nos. 1,2 and 3< The By-laws which are included in the Resolution as Exhibit A provide the organizational and operational structure for the newly formed EDA. The structure is consistent with the requirements and restrictions provided in Minnesota law. Because the EDA Board of Commissioners and the City Council are one in the same, the limitations that are often placed on an EDA are not applicable with the establishment of the Mounds View EDA, i.e., Council approval prior to bond sales, Council approval prior to development plans, etc. The By-laws are consistent with by-laws of EDA organizational structures in which the Council and EDA are the same. � Samanth�' Ord REC01�iNiENDATION: ' �� � �� �� � o, Ci y Administ �tor i; E�HIBIT A MOUNDS VIEW ECONOMIC DEVELOPMENT AUTHORITY ���� f�'4�� �`��' u C;I� f��1��.�A�:������� 1f1�1�i,� �°������i4�i;� _ ___ _ _ _ _ _ _ __ _ _ _ _ _ __ _ _ __ ��x ;��..��. ���e����a�� ��r�� � ������ �`�' ;; : ARTICLE I. THE AUTHORITY Section 1.1 Name of Authoritv The name of the Authority shall be the Mounds View Economic Development Authority (hereinafter, the "Authority") and its governing body shall be called the Board of Commissioners (hereinafter, the "Board" or the "EDA"). Section 1.2 Office The offices of the Authority shall be the mounds View City Hall located at 2401 Highway 10, Mounds View, MN 55112. Section 1.3 Seal of Authoritv The Authority shall have an official seal, as required by Minnesota Statutes, Section 469.096, Subdivision 1. ARTICLE II. ORGANIZATION Section 2.1 Officers The officers of the Authority shall be a President, a Vice-President, a Secretary, an Executive Director/Assistant Treasurer, a Treasurer and a Clerk. The President, the Vice- President, and the Secretary shall be members of the Board. No Commissioner may serve as President and Vice-President at the same time. The offices of Executive Director/Assistant Treasurer, Treasurer and Clerk need not be held by a Commissioner. Section 2.2 President The President shall preside at all meetings of the EDA. Section 2.3 Vice-President The Vice-President shall perform the duties of the President in the absence or incapacity of the President; and in case of the resignation or death of the President, the Vice- President shall perform such duties as are imposed on the President until such time as the Board shall select a new President. .-.. . i . .. . . .. . . . _ � ... - -�� . ..�-e.- .- 1 _� -_- _ _ . v_. . � : ��:-._ -- . �. _"'..:�" ' _ '. --• '__"' i. . .� ._ . . .. . . . ,; . __ .. . . _ '_" .' " _ __- -__'_ �_"' r___ " '_ ':_. _.._ ' � � � Section 2.4 President Pro Tem In the event of the absence or inability of the President and the Vice-President at any meeting, the Board may appoint any remaining Commissioner as President Pro Tem to preside at such meeting. Section 2.5 SecretarV In the absence of the Clerk, the Secretary shall keep minutes or cause to be kept minutes of all meetings of the Board and shall maintain or cause to be maintained all records of the EDA. The Secretary shall also have such additional duties and responsibilities as the Board may from time to time and by resolution prescribe. Section 2.6 Treasurer The Treasurer shall receive and be responsible for Authority money, shall disburse Authority money by check only, keep an account of all Authority receipts and disbursements and the nature and purpose relating thereto, shall file the Authority's financial statement with its Secretary at least once a year as set by the Authority. Section 2.7 Executive Director/Assistant Treasurer The Executive Director shall be appointed by resolution and shall serve at the pleasure of the Board, shall be the chief appointed executive officer of the Authority and have general supervision over the administration of its business affairs; subject to the direction of the EDA. The Executive Director shall also serve as the Assistant Treasurer and shall have all the powers and duties of the Treasurer if the Treasurer is absent or disabled. The Executive Director shall have such additional responsibilities and authority as the Board may from time to time by resolution prescribe. Section 2.8 Clerk The Clerk shall be appointed by resolution of the Board and shall be the official recording officer of the Authority and the Board. The Clerk shall be responsible for recording and maintaining accurate records of the meetings of the Board and of all official actions taken by or on behalf of the Authority. Section 2.9 Additional Duties The Officers of the Authority shall perform such other duties and functions as may from time to time be required by the Board, the by-laws, rules or regulations established by the Board. Section 2.10 Additional Personnel The Board may from time to time employ such personnel as it deems necessary to exercise its powers, duties and functions. The selection and compensation of such personnel shall be determined by the EDA in accordance with State law. Section 2.11 Advisorv Committees The Authority may by resolution establish one or more advisory committees to the Authority. ARTICLE III. PROCEDURES OF BOARD OF COMMISSIONERS Section 3.1 Election, Term of Office, and Qualifications The President, Vice-President, and Secretary shall be elected annually at the first meeting of the year and shall be duly elected members of the Mounds View City Council. Section 3.2 Vacancies Should the office of President, Vice-President or Secretary become vacant, the EDA shall elect a successor from its membership at the next regular meeting, and such election shall be for the unexpired term of said office. When the office of Treasurer, Executive Director/Assistant Treasurer or Clerk becomes vacant, the EDA may appoint a successor. Section 3.3 Quorum Three (3) Commissioners shall constitute a quorum for the purpose of conducting the business of the EDA and exercising its powers and for all other purposes, but a smaller number may adjourn from time to time until a quorum is obtained. When a quorum is in attendance, action may be taken by the Board upon a vote of a majority of the Commissioners present. Section 3.4 Manner of Votinq The manner of voting on all questions coming before the EDA shall conform to the procedures applicable to the Mounds View City Council and may be by voice or roll call. Section 3.5 Order of Business At the regular meetings of the EDA, the following shall be the order of business: 1. Roll Call 2. Approval of Agenda 3. Approval of minutes 4. Approval of consent agenda 5. Bills and Communications 6. Hearings 7. Commission Business 8. Reports 10. Adjournment Section 3.6 Adoption of Resolutions Resolutions of the Board shall be deemed adopted if approved by not less than a simple majority of all Commissioners present, unless a different requirement for adoption is prescribed by law. Resolutions may, but need not be, read aloud prior to vote taken thereon and may, but need not be, executed after passage. ARTICLE IV. MEETINGS Section 4.1 Annual Meetinq The annual meeting of the Board shall be in conjunction with the date of the first City Council meeting of each year. Section 4.2 Reqular Meetinq The Board shall hold meetings at such times as the Board finds necessary. All meeting notices shall be posted in the principal office of the Authority. Section 4.3 Special Meetinqs Special meetings of the Board may be called by the President or, in the event of the President's absence or instability, by the Vice-President at any time, upon 2 days notice to all Commission and Board members. Upon the same notice, special meetings of the Board may also be called by any two Commissioners. The Clerk shall post notice of any special meeting in the principal office of the Authority as may be required by law. At special meetings no business shall be considered other than as designated in the call, but if at least four members of the Board are present at a special meeting, any and all business may be transacted at such special meeting. Section 4.4 Rules of Order The meetings of the Board shall be governed by the most recent edition of Robert's Rules of Order. ARTICLE V. MISCELLANEOUS Section 5.1 Fiscal Year The fiscal year of the Authority shall be the calendar year. � s =.,-_ :=�.J:� �.�u �.� . , �, � .-� . . _ _a�.� �-: � � � __ _ _ . . _ _ � _ _ ___ __ _ _ _ _ _ __ ` _ .; � ' � I Section 5.2 Treasurer's Bond The Treasurer shall give bond to the state conditioned for the faithful discharge of official duties. The bond must be approved as to form and surety by the Authority and filed with the Secretary and must be for twice the amount of money likely to be on hand at any one time as determined at least annually by the Authority, provided, however, that said bond must not exceed $300,000. Section 5.3 Checks An Authority check must be signed by the President, Treasurer and Executive Director/Assistant Treasurer. The check must state the name of the payee and the nature for which the check issued. Section 5.4 Financial Statement The Authority shall examine the financial statement together with the treasurer's vouchers, which financial statement shall disclose all receipts and disbursements, their nature, money on hand and the purposes to which it shall be applied, the Authority's credits and assets and its outstanding liabilities. If the Authority finds the financial statement and treasurer's vouchers to be correct, it shall approve them be resolution. Section 5.5 Report to City The Authority shall annually, at a time designated by the City, make a report to the City Council giving a detailed account of its activities and its receipts and expenditures for the preceding calendar year. The Authority shall make available all records necessary to conduct an audit of the Au#hority's finances. Section 5.6 Budqet to CitV The Authority shall annually submit its budget to the City in accordance with City policies and budget schedules. The budget shall include a written estimate of the amount of money needed by the Authority from the City in order for the Authority to conduct business during the upcoming fiscal year. Section 5.7 Services The Authority may contract for the services of consultants, agents, public accountants and others as needed to pertorm its duties and to exercise its powers. The Authority may also use the services of the City Attorney or hire a general counsel, as determined by the Authority. �s �. � , r:� _ _. .. . _ . . _.. '� . ... . -"�-_' --' _ _-.�_ --' -w- __'— -_ _ ' '- .. .. ' ' _ _ - - _---_ =__- --' ' '='_�s= I- - � ----- - . . r.. �I � Section 5.8 Su�plies, Purchasing, Facilities and Services The Authority may purchase the supplies and materials it needs. The Authority may use the facilities of the City's purchasing department. The City may furnish offices, structures and space, stenographic, clerical, engineering and other assistance to the Authority. Section 5.9 Execution of Contracts . All contracts, notes, and other written agreements of instruments to which the Authority is a party or signatory or by which the Authority may be bound shall be executed by the President and the Executive Director. If the Executive Director is absent or otherwise unable to execute a document, the Treasurer may execute the document. ARTICLE VI Section 6.1 Indemnification The EDA shall be authorized to the fullest extent permitted by law to indemnify any person against expenses and liabilities arising by reason of the fact that the person is or was a Commissioner, officer, employee, or agent of the EDA. Section 6.2 Insurance The EDA may purchase and maintain insurance on behalf of any indemnified person in the person's official capacity against any liability asserted against that person and incurred by that person in such capacity whether or not the EDA would have been required to indemnify the person against the liability under 6.1 hereof. ARTICLE VII Section 7.1 Amendments to Bv-laws These bylaws shall be amended only with the approval of at least three (3) of the members of the EDA at a regular or special meeting. Adopted by the EDA on March 28, 1994.