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6. HRSR 01-07-2013 {Elk REQUEST FOR ACTION River TO ITEM NUMBER Housing&Redevelopment Authority 6. AGENDA SECTION MEETING DATE PREPARED BY January 7,2013 Annie Deckert,Director of Economic Development ITEM DESCRIPTION REVIEWED By Annual Meeting Election of Officers Cal Portner, City Administrator REVIEWED BY ACTION REQUESTED Elect annual officers for Housing&Redevelopment Authority BACKGROUND/DISCUSSION The City Council recently appointed Commissioner Denny Chuba for a 5-year term to the HRA Commission. Commissioner Jean Lieser is no longer on the Housing&Redevelopment Authority The HRA Bylaws indicate the following offices are to be filled through the election process at the Annual Meeting of the Authority: • Chair • Vice Chair • Secretary The 2012 HRA Officers were as follows: • Chair—Stewart Wilson • Vice Chair—Larry Toth • Secretary—Jean Lieser (term ended 12-31-12) The HRA Annual Meeting provides the opportunity to review the attached HRA Bylaws for any suggested amendments. Staff has no suggested amendments at this time. FINANCIAL IMPACT None. ATTACHMENTS • HRA By-laws POWERED B y NATIVE AMENDMENT TO THE BYLAWS OF THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF ELK RIVER By way of action at the annual meeting of the Housing and Redevelopment Authority in and for the City of Elk River (the HRA) held on January 3, 2005, Section 2.1 and Section 2.5 of Article 2 of the HRA by-laws are hereby amended to include the following language: 2.1) Annual Meeting—The annual meeting of the Authority shall be held at the principal office of the Authority on the first Monday of January at 5:00 p.m., or such other location as designated in the notice of the annual meeting. Any annual meeting falling upon a holiday shall be held on the next following business day at the same time and location. 2.5) Regular Meetings and Order of Business at Regular Meetings— Regular meetings shall be held by the Authority on the first Monday of each month at 5:00 p.m. at the principal office of the Authority, unless otherwise designated, and shall be open to the public. Any regular meeting falling upon a holiday shall be held on the next regular business day at the same time and location. Adopted this 3rd day of January, 2005 in accordance with Article 7 of the HRA by-laws. HRA Executive Director S:\EDA\HRA\.AGENDA\Yea:200S\ AMENDMENT TO THE BYLAWS 2.doc BYLAWS OF THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF ELK RIVER, MINNESOTA PREAMBT.F, • The Housing and Redevelopment Authority in and for the City of Elk River was created by an act of the Legislature of the State of Minnesota entitled the "Municipal Housing and Redevelopment Act," Minnesota Statutes, Sections 462.411 - 462.712. On the 21st day of July, 1980, the City Council of the City of Elk River adopted a resolution in accordance with the findings required by Minnesota Statutes, Section 462.425, Subd. 2. The bylaws of the Elk River Housing and Redevelopment Authority dated as of April 28, 1996, are hereby repealed. The bylaws dated November 25, 1996, are hereby adopted thereof and shall govern from this day forward. ARTICLE 1. AUTHORITY 1.1) Name - The legal name of the Authority is "The Housing and Redevelopment Authority in and for the City of Elk River." 1.2) Office - The principal office of the Authority shall be the city offices of the City of Elk River, unless otherwise determined by resolution of the Authority. ARTICLE 2. MEETINGS 2.1) Annual Meeting - The annual meeting of the Authority shall be held at the principal office of the Authority on the fourth Monday of January at 5:00 p.m., or such other location as designated in the notice of the annual meeting. 2.2) Notice of Annual Meeting - Notice shall be published in the official newspaper of the Authority and delivered to each Commissioner of the Authority and each member of the governing body of the City, not less than ten (10) days in advance of such meeting. It shall be the responsibility of the Executive Director to give this notice. 2.3) Quorum - There shall be a quorum to conduct business at the annual meeting. If a quorum is not present, the Executive Director shall establish a date for a new annual meeting and cause notice to be given as provided in Section 2.2 of this Article. 2.4) Order of Business at the Annual Meeting - The annual meeting of the Authority, and so far as possible all other meetings of the Authority, shall be conducted in accordance with Robert's Rules of Order Revised. The suggested order of business at the annual meeting shall be the following: 1. Roll call. 2. Confirmation and recognition of new commissioners. 3. Election of officers and establishment of their terms. 4. Designation of committee assignments to Commissioners. 5. Determination of new committees and assignments of Commissioners. 6. Consideration of staff assignments. 7. Approval of official newspaper. 8. Approval of official depository. 9. Reading of financial condition by Chair. 10. Reading of status of each existing project by Chair. 11. Designation of place of meeting during the remainder of calendar year. 12. Determination of dates of meeting during the remainder of calendar year. 13. Discussion of any modifications or amendments to the "Municipal Housing and Redevelopment Act." 14. Discussion of Bylaws and any suggested amendments. 2.5) Regular Meetings and Order of Business at Regular Meetings - Regular meetings shall be held by the Authority on the fourth Monday of each month at 5:00 p.m. at the principal office of the Authority and shall be open to the public. No separate notice need be given for regular meetings. If a quorum of the City Council is to be present, a public hearing notice must be published in accordance with Section 2.2. The suggested order of business at regular meetings shall be the following: 1. Roll call. 2. Opening format. 2 3. Approval of minutes. 4. Financial matters. 5. Old business. 6. Current business. 7. Hearings and resolutions. 8. Project considerations. 9. New business. 10. Close. 2.6) Special Meetings - Special meetings of the Authority shall be called by the Executive Director at any time upon written request of any Commissioner. Notice of special meetings shall be given to each commissioner a minimum of 72 hours in advance of such meeting. If a quorum of the City Council is to be present, a public hearing notice must be published in accordance with Section 2.2. ARTICLE 3. OFFICERS 3.1) Officers - The officers of the Authority shall consist of a Chair, a Vice Chair, a Secretary and such other officers as shall from time to time be duly selected and appointed. 3.2) Chair - The Chair, who shall be selected from among the Commissioners, shall preside at all meetings of the Commissioners and shall have general charge of and control over the affairs of the Authority subject to the approval of the Commissioners. 3.3) Vice Chair - The Vice Chair, who shall be selected from among the Commissioners, shall preside at all meetings of the Commissioners in the absence of the Chair and shall perform such duties as may be assigned by the Commissioners. In case of death, retirement, or disability of the Chair, the Vice Chair shall perform and be vested with all the duties and powers of the Chair. 3.4) Secretary - The Secretary, who shall be selected from among the Commissioners, shall be responsible for the taking and preparation of minutes of each meeting of the Authority. Further, the Secretary shall be responsible for maintaining any appropriate files as deemed necessary by 3 the Commissioners, including files of the minutes, publications of meetings, and meeting agendas. The Secretary shall also perform such functions as may be deemed necessary by the Chair. 3.5) Executive Director - The Authority shall appoint an Executive Director and such other staff, permanent and temporary, that it deems necessary to carry out the business of the Authority. The Executive Director shall have the duties and responsibilities delegated by these by-laws and as assigned by the Authority. ARTICLE 4. QUORUM AND VOTING 4.1) Quorum -A majority of the Commissioners in office at any time shall constitute a quorum for all purposes. In the case a quorum is not present at any meeting, those present shall have the power to adjourn the meeting, without notice or other announcement at the meeting, until the requisite number of Commissioners is present, and business which might have been transacted at the meeting which was adjourned may be transacted at such reconvened meeting. 4.2) Voting - In addition to a quorum being required for each meeting of the Authority in order to transact business, a majority of all of the Commissioners shall be required to approve any matter before the Commissioners. ARTICLE 5. FINANCE AND CONTRACTS 5.1) Fiscal Year - The calendar year shall be the fiscal year of the Authority for general and administrative purposes;provided, however, that other fiscal years may be established by resolution as required or desirable for specific purposes or undertakings of the Authority. 5.2) Budget - The following budgetary proceedings shall apply to the transaction of business by the Authority: (01) A budget shall be prepared by the Executive Director. This budget shall be presented to the Commissioners of the Authority for consideration in August of each year. (02) The budget shall include estimated revenues and the source of revenues, the costs of the projects for the ensuing year, and the estimated costs for staff personnel, as well as the general administrative and overhead costs estimated for the ensuing year, and a proposed levy. 4 (03) After full consideration of the budget, the Commissioners of the Authority shall approve it and the Chair of the Authority shall submit the budget to the City Council not later than the tenth day of September of each year. ARTICLE 6. SCOPE OF POWERS AND DUTIES 6.1) Contracts and Procurement (01) All construction work and work of demolition and clearing, contracts for services or for repairs, maintenance and replacements, and every purchase of equipment, supplies or materials and contracts therefor shall be in accordance with the procurement policies, if any, established by resolution of the Authority. (02) Approval of Contract by Attorney - Except for the purchase of expendable office supplies, no contract shall be made by the Authority through any officer or employee except in writing approved as to form by the attorney for the Authority. (03) Execution of Contracts - Unless otherwise directed by the Authority or required by the State or Federal agencies furnishing funds to the Authority, all contracts shall be executed on behalf of the Authority by any two of the officers of the Authority, or one officer of the Authority and the Executive Director. 6.3) Disbursements (01) Federal Funds - All funds received from the Government of the United States or any of its agencies shall be disbursed and accounted for in accordance with the regulations or requirements from time to time made by the Federal agencies furnishing said funds to the Authority. (02) Official Depository -All monies received by the Authority from any source whatsoever shall be deposited in approved bank accounts of the Authority and shall be disbursed only by check, except that petty cash funds not exceeding One Hundred Dollars ($100) at any time may be maintained by the Authority. (03) Checks -All checks drawn on bank accounts of the Authority shall indicate the fund and, in the case of a project, the project to be charged. All checks shall be signed by the two designated Commissioners of the Authority, or one officer of the Authority and the Executive Director. 5 ARTICLE 7. AMENDMENTS These Bylaws may be amended at any regular meeting of the Authority provided that notice of such proposed amendment shall be given to each Commissioner by registered or certified mail a minimum of ten (10) days prior to such meeting. Amendment of the Bylaws shall be in accordance with procedural and voting requirements established by these Bylaws or by resolution of the Authority. Adop'. t 25th day of November, 1996. Commissioner Commissione •a Commissio•er A. • _ Commis i• er Commissioner Attorney Day'. C. Sellergr°I s:\eda\hra\bylaws.doc 6