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Home My WebLink About06-23-2008 CITY OF MOUNDS VIEW ECONOMIC DEVELOPMENT AUTHORITY MEETING AGENDA MOUNDS VIEW CITY HALL Monday, June 23, 2008 6:30 PM 1. CALL TO ORDER 2. ROLL CALL: President Marty, Vice President Stigney, Commissioner Flaherty, Commissioner Hull, Commissioner Mueller 3. APPROVAL OF AGENDA 4. PUBLIC INPUT: Citizens may speak to issues not on tonight’s agenda. Before speaking, please give your full name and address for the minutes. Also, please limit your comments to three minutes. 5. APPROVAL OF MINUTES - None 6. CONSENT AGENDA 7. EDA BUSINESS A. Resolution 08-EDA-243 Approving the Election and Appointment of Officers to the Authority 8. REPORTS 9. NEXT EDA MEETING: Monday, July 14, 2008 @ 6:30 p.m. 10. ADJOURNMENT Item No: 7A Meeting Date: June 23, 2008 Type of Business: EDA Business Administrator Review: ___ City of Mounds View Staff Report To: Mounds View Economic Development Authority From: Heidi Steinmetz, Economic Development Specialist Item Title/Subject: Resolution 08-EDA-243 Approving the Election and Appointment of Officers to the Authority Background On February 25, 2008, Clerk-Administrator Jim Ericson introduced Resolution 08-EDA-243 Approving the Election and Appointment of Officers to the Authority. Mr. Ericson’s staff report is attached for your reference. The EDA appointed Commissioner Stigney as Vice President but postponed additional appointments since the EDA’s bylaws regarding the Treasurer’s office were inconsistent with Minnesota State Statute Section 469.096. The inconsistency was that Statute requires that a Commissioner hold the office of Treasurer and the EDA bylaws had no such requirement. Discussion The general duties of the EDA’s officers are summarized below. • President − presides at all EDA meetings • Vice President − presides at EDA meetings in the absence of the President • Clerk − recording officer (does not need to be a Commissioner per State Statute) • Secretary − keeps minutes and records in the absence of the Clerk • Treasurer − receives and is responsible for funds, disburses funds by check, keeps receipts/disbursements and submits financial statement with EDA Secretary annually • Executive Director/Assistant Treasurer − chief executive officer, administers Authority business, serves as Treasurer in the Treasurer’s absence (Assistant Treasurer does not need to be a Commissioner per State Statute) State Statute Section 469.097 gives the EDA the power to delegate officer duties to an agent or employee. As such, the EDA may delegate the Secretary duties to TimeSaver and the Treasurer duties to the City’s Finance Director. Recommendations Staff recommends that the EDA Approve Resolution 08-EDA-243 Approving Election and Appointment of Officers to the Authority. Staff also recommends that the EDA review the attached amended EDA bylaws that are now consistent with Statute 469.096. The EDA may consider final approval of the amended bylaws at their July 14th meeting. Respectfully submitted, ____________________________ Heidi Steinmetz Economic Development Specialist Attachments: • Jim Ericson Staff Report, February 25, 2008 • Resolution 08-EDA-243 • EDA Bylaws (Clean Version), Amended June 23, 2008 • EDA Bylaws (Redline Version), Amended June 23, 2008 Item No: 7A Meeting Date: February 25, 2008 Type of Business: EDA Business Administrator Review : ___ City of Mounds View Staff Report To: Mounds View Economic Development Authority From: James Ericson, Interim Executive Director Item Title/Subject: Resolution 08-EDA-243 Approving the Election and Appointment of Officers to the Authority Introduction: It has been brought to the Authority’s attention that various EDA officer positions have not been appointed or elected. This report will identify the required officers and reference both the EDA Bylaws as well as MN Statutes Section 469.096 which governs Authority appointments and their duties. Discussion: Past practice has been that the Mayor acts as the President of the Authority and the City Clerk/Administrator serves as the Authority’s Executive Director. A Vice President is typically appointed annually. MN Statutes however requires that the EDA elect a President, Vice President, Treasurer, Secretary and Assistant Treasurer. The President, Treasurer and Secretary shall be annual appointments. The Secretary and Assistant Treasurer need not be a Commissioner. The Bylaws, adopted in 1994, identify two other officers of the Authority—the Executive Director/Assistant Treasurer and a Clerk. While Statutes do not require that the Secretary be a member of the board, the Bylaws do, thus the only officers not required to be a Commissioner is the Executive Director/Assistant Treasurer and the Clerk. The City Attorney notes that the Authority’s Bylaws are not consistent with Minnesota statutes relating to the offices of the Secretary and the Treasurer. MN Statutes requires the office of the Treasurer to be held by a Commissioner of the Authority while the Bylaws indicate the opposite. As to the office of Secretary, MN Statutes does not require a Commissioner of the Authority to hold the office however the Authority’s Bylaws do. While this is inconsistent with Statutes, it is not invalid. The Authority’s Bylaws pertaining to the Treasurer’s office however is invalid and should be made consistent. Recommendation: Approve Resolution 08-EDA-243 Approving Election and Appointment of Officers to the Authority and direct staff, if necessary, to work with the City Attorney to resolve the critical inconsistencies found in the Authority’s Bylaws. Respectfully submitted, ________________________ James Ericson Community Development Director EDA RESOLUTION 08-EDA-243 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION ELECTING OFFICERS TO THE MOUNDS VIEW ECONOMIC DEVELOPMENT AUTHORITY WHEREAS, Minnesota Statutes section 469.096 addresses Officers, Duties and Organizational Matters relating to an Economic Development Authority; and, WHEREAS, the Mounds View Economic Development Authority (the “Authority”) has adopted Bylaws which govern the operation and function of the Authority; and, WHEREAS, together, MN Statutes and the Authority Bylaws require that certain officers of the Authority—the President, Vice President, Treasurer and Secretary—be elected annually and by necessity be Commissioners of the Authority; and, WHEREAS, MN Statutes and the Authority Bylaws do not require that certain officers of the Authority—the Executive Director/Assistant Treasurer and the Clerk—be Commissioners of the Authority or be elected annually. NOW, THEREFORE, BE IT RESOLVED, that the Mounds View Economic Development Authority hereby appoints the following individuals to serve as officers of the Authority as noted below: President: Rob Marty Vice President: Roger Stigney (EDA) Treasurer: _______________ (EDA) Secretary: _______________ (EDA) Executive Director / Assistant Treasurer: Clerk - Administrator Clerk: Assistant City Clerk - Administrator Adopted this 23rd day of June, 2008. _____________________________ Rob Marty, President ATTEST: _____________________________ James Ericson, Executive Director