4.0. HRSR 11-25-1996 ITEM 4.
• ELK RIVER HOUSING AND REDEVELOPMENT AUTHORITY
November 20, 1996 HRA Report 96-3
BYLAW MODIFICATIONS
Proposed Action
Staff recommends adoption of the following motion: Move to approve the
modified bylaws of the Housing and Redevelopment Authority in and for the
City of Elk River, Minnesota, as attached.
With approval of this action, the HRA will, as of this date,begin operating
under the newly adopted bylaws.
Overview
Several months ago, it was indicated to staff that the HRA bylaws should be
modified to better represent the make up, activities, and general guidelines
under which the HRA operates.
• The primary impetus for modifications to the bylaws is a result of the
complicated steps which needed to be taken in order to call a special meeting
of the HRA. It was apparent in making this modification, that other changes
should be included and a new comprehensive set of bylaws should be
proposed for acceptance to the HRA.
Attorney David Sellergren has reviewed the proposed modified bylaws and
approved them as to their form and legality. As is required by the bylaws,
notification was mailed to each of the Commissioners a minimum of ten days
prior to this meeting to provide ample opportunity for input.
Primary Issues to Consider
0 What are the significant changes which will occur as a result of
these modifications?
Supporting Documents
0 Modified HRA Bylaws
0 City Council.Enabling Resolution - For Establishment of the HRA, July,
.0
Paul-T. Steinman, Director of Economic Development
P.O. Box 490 • 13065 Orono Parkway • Elk River, MN 55330-1743 • (612) 441-7420• Fax: (612) 441-7425
Equal Opportunity Housing and Equal Opportunity Employment
HRA Report 96-3
Page Two
Primary Issues to Consider
0 What are the significant changes which will occur as a result of
these modifications?
What follows are the significant changes which will take effect upon
approval of the modifications by the HRA:
• Regular meetings will be held by the HRA on the fourth Monday of
each month at 5 p.m. at City Hall. No separate notice needs to be
provided for regular meetings.
• Special meetings of the HRA can be called by the Executive Director at
any time upon written request of any Commissioner. Notice of special
meetings need to be provided to each Commissioner a minimum of 72
hours in advance of such meeting.
Alternatives
The HRA has the following alternatives regarding this issue.
• 1. Approve the motion as recommended by staff.
2. Continue the issue for further information.
3. Make additional modifications to the bylaws and approve.
4. Deny the motion.
hra\rpt96-3.doc
Aek
BYLAWS OF
THE HOUSING AND REDEVELOPMENT AUTHORITY
• IN AND FOR
THE CITY OF ELK RIVER, MINNESOTA
PREAMBLE
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 :s 25th day of November, 1996.
4111. //7"2-
Commissioner
•
Commissione
dr/ / 6
Commissioner
1
Commis it er
F,
Commissionner Attorney Day', C. Sellergr r�
s:\eda\hra\bylaws.doc
•
6
BYLAWS OF
• THE HOUSING AND REDEVELOPMENT AUTHORITY
IN AND FOR
THE CITY OF ELK RIVER, MINNESOTA
PREAMBLE
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.
3.
4.
5.
6.
7.
8.
Confirmation and recognition of new commissioners.
Election of officers and establishment of their terms.
Designation of committee assignments to Commissioners.
Determination of new committees and assignments of
Commissioners.
Consideration of staff assignments.
Approval of official newspaper.
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 Close. of minutes.
4. Financial matters.
5. Old business.
6. Current business.
7. Hearings and resolutions.
8. Project considerations.
9.
10. New business.
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.
Adopted this 25th day of November, 1996.
Commissioner
Commissioner
Commissioner
•
Commissioner
Commissioner Attorney David C. Sellergren
s:\eda\hra\bylaws.doc
II
6
RESOLUTION #80-15 OF THE CITY COUNCIL OF
THE CITY OF ELK RIVER MAKING FINDINGS AND DECLARING A
• NEED FOR A HOUSING AND REDEVELOPMENT AUTHORITY
IN AND FOR THE CITY OF ELK RIVER
WHEREAS, notice of a public hearing on the need for a Housing and Redevelopment Authority
in and for the City of Elk River was published in the official city newspaper
on July 17, 1980, in accordance with Minnesota Statutes, Section 462.425, Subd.
2;
WHEREAS, the public hearing was held on July 21, 1980, the date specified in said notice,
and an opportunity was provided to all interested persons to be heard on the
question of a need for a Housing and Redevelopment Authority in and for the City
of Elk River in accordance with Minnesota Statutes, Section 462.425, Subd. 2;
WHEREAS, the City Council of the City of Elk River, having duly considered the comments
made by interested persons at said public hearing, hereby finds that in the City
of Elk River (1) there are underdeveloped, undeveloped, substandard, slum or
deteriorated areas which cannot be redeveloped without government assistance,
(2) adequate housing accommodations are not available to veterans and service-
men and their families, and (3) there is a shortage of decent, safe and sanitary
dwelling accommodations available to persons of low and moderate income and
their families at rentals or prices they can afford;
WHEREAS, the City Council, in determining that dwelling accommodations are unsafe, un-
sanitary, or not affordable and that underdeveloped, undeveloped, substandard,
slum or deteriorated areas exist in the City of Elk River, has considered the
degree of development, deterioration, obsolescence, or overcrowding; the per-
0 centage of land coverage; the light, air, space and access available to in-
habitants of such dwelling accommodations; the size and arrangement of lots,
streets, utilities and rooms; the sanitary facilities; the extent to which
conditions exist in such buildings which endanger life or property by increasing
the likelihood of fire or other hazards; the original land planning, lot, street
and utility layout; and conditions of title in the area;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELK RIVER, this 4th
day of August, 1980, on motion by Councilman Duitsman, seconded by Councilman
Toth, that there is a need for a Housing and Redevelopment Authority in and for
the City of Elk River, created as a public body corporate and politic by
Minnesota Statutes, Section 462.425, Subd. 1, to transact business and exercise
powers in accordance with the provisions of the Municipal Housing and Redevelop-
ment Act, Minnesota Statutes, Section 462.411 through 462.712, and that the City
Clerk-Administrator is hereby directed to duly publish this resolution and file
a certified copy thereof with the State Planning Agency as required by law.
ADOPTED THIS 21st day of July, 1980. / �1�
Mayor
ATTEST:
• A`"' l
Clerk-Adminis rator
Date L