7.0. EDSR 12-09-2002 Item # 7
City of
Elk . -.
River
MEMORANDUM
TO: Economic Development Authority
FROM: Catherine Mehelich, Director of Economic Development j (
DATE: December 9, 2002
SUBJECT: Consider Amendment to EDA Bylaws
Attachment
* Bylaws of the Economic Development Authority (EDA)
* Amendment to the Bylaws of the EDA
Issue
• The EDA has previously discussed the issue of changing the regular meeting time from
6:00 p.m. to 5:30 p.m.,in order to accommodate enough time for business prior to the start
of the City Council meetings. The time change would be effective January 2003.
The time change for regular meetings can be determined by motion of the EDA at is annual
meeting in January. However, an amendment to the bylaws is required to change the time
for the annual meeting, scheduled for the second Monday in January.
Action Requested
Adopt the attached amendment to the bylaws of the EDA.
•
S.\EDA\AGENDA\Year2002\bylaws.doc
j
BYLAWS
OF
THE ECONOMIC DEVELOPMENT AUTHORITY
FOR THE CITY OF ELK RIVER, MINNESOTA
PREAMBLE
The Economic Development Authority for the City of Elk
River (the Authority) was created by Resolution No. 87-63 of
the City Council of the City of Elk River, adopted on the 7th
day of October, 1987 , as authorized by Minnesota Statutes,
Sections 469 . 090-469 . 108 . The purpose of the Authority is to
serve as an Economic Development Authority pursuant to
Minnesota Statutes and its affairs shall include, but not be
limited to, promoting commercial and industrial growth and
development in the City of Elk River.
ARTICLE 1 .
AUTHORITY
1 . 1 ) Name - The legal name of the Authority is "The
/II Economic Development Authority 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. .
1-. 3 ) Enablinc Authority - The Authority shall exist and
operate under the supervision of the City of Elk River,
Minnesota .(the City) , in accordance with Minnesota Statutes
Sections 469 . 090 through 469 . 108 as amended and revised (the
Statute) and Resolution No. 87-63 of the City- Council of the
City of Elk River (the Enabling Resolution) , as amended from
time to time .
1 . 4 ) General Powers and Duties - The Authority shall be a
public body corporate and politic and shall have all the powers
necessary or convenient to carry out the purposes of an
economic development authority, including the powers granted by
the Statute .
ARTICLE 2 .
MEETINGS
2 . 1 ) Open to the 'Public - All meetings of the Authority
shall be open to the Public and governed by the Minnesota Open
410 Meeting Law, Minn . Stat . Section 471 . 705 .
2 . 2 ) Quorum - .A majority of the Commissioners in office 'at
any time shall constitute a quorum for all purposes . There
shall be a quorum to conduct business at all meetings of the
Authority. If a quorum is not present for the Annual. Meeting •
those present shall adjourn the meeting and the Executive
Director shall establish a date for a new annual meeting and
cause notice to be given as provided in Section 2 . 5 ( 02 ) of this
Article . If a quorum is not present at any regular or special
meeting of the Authority, those present shall adjourn the
meeting to the next regular meeting, unless a special meeting
is called before the next regular meeting.
2 . 3 ) Rules of Order - All meetings of the Authority shall
be" conducted in accordance with Robert ' s Rules of Order
Revised.
2 . 4 ) 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 present shall be: required
to approve any matter before the Commissioners .
2 . 5 ) Annual Meeting -
( 01 ) Time and Place - The Annual Meeting of the Authority
shall be held on the second Monday of January at 7 : 00 p.m.
at the principal office of the Authority, or such other
location as designated in the Notice of Annual Meeting. .
( 02 ) Notice - Notice of the Annual Meeting shall be 411
published in the official newspaper of the Authority not
less than ten ( 10 ) days in advance of such meeting and
shall be delivered to each Commissioner of the Authority
and each member of the governing body of the City. It
shall be the responsibility of the Executive Director to
give this notice .
(03 ) Order of Business - The suggested order of business
at the Annual Meeting shall be thefollowing:
1 . Roll call .
2 . Confirmation and recognition of new
Commissioners .
3 . Election of officers and establishment of their
terms .
4 . Appointment of Executive Director. •
5 . Designation of committee assignments to
Commissioners .
6 . Determination of new committees and assignments
of Commissioners .
7 . Consideration of staff assignments .
2 .
8 . Approval of official newspaper .
9 . Approval of official depository.
10 . Reports by various officers and subcomittees .
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 Statute or the Enabling Resolution.
14 . Discussion of Bylaws and any suggested
amendments .
2 . 6 ) Regular Meetings-
(01 ) Time and Place - Regular meetings shall be held by
the Authority at such time and place as determined by the
Authority at its Annual Meeting, unless the Authority by
subsequent resolution establishes a different time and
place for regular meetings .
411 ( 02 ) Notice - No separate notice need be given for regular
meetings held at the time and place designated by
Resolution of the Authority.
.( 03) Order of Business - The suggested order of business
at regular meetings shall be the following:
1 . Roll call .
2 . Opening format.
3 . Approval of minutes .
4 . Financial matters .
•
5 . Old business .
6 . Consent business .
7 . Hearings and resolutions .
8 . Project considerations .
9 . New business .
411 10 . Close.
3 .
2 . 7 ) Special Meetings - Special meetings of the Authority •
shall be called by the Executive Director at any time upon
written request of any Commissioner, or may be called by the
Executive Director . Notice of Special Meetings shall be given
to each Commissioner and to each member of the governing body
of the City and shall be posted at the Authority' s principal
office.
ARTICLE 3 .
OFFICERS AND STAFF
3 . 1 ) Officers - The officers of the Authority shall
consist of a President, a Vice President, a Treasurer, a
Secretary, and an Assistant Treasurer . The Authority shall
elect the President, Vice President, Treasurer, and Secretary
annually. The offices of President and Vice President may not
be held by the same Commissioner concurrently.
( 01 ) President - The President, 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 . The President shall sign or
countersign all certificates, contracts, and other
instruments of the Authority as authorized by the
Authority
( 02 ) Vice President - The Vice President, who shall be
selected from among the Commissioners, shall preside at all
• meetings of the Commissioners in the absence of the
President and shall perform such duties as may be assigned
to him by the Commissioners . In case of death, retirement,
resignation, or disability of the President, the Vice
President shall perform and be vested with all the duties
and powers of the President.
( 03 ) . Treasurer - The Treasurer, who shall be selected from
among the Commissioners, shall receive and is responsible
for Authority money and for acts of the Assistant
Treasurer. The Treasurer shall disburse authority money by
check only and keep an account of the source of all
receipts and the nature, purpose, and authority of all
disbursements . By March 31 of each year, the Treasurer
shall file with the Secretary detailed financial statements
of the Authority covering the financial operations of the
Authority during the twelve ( 12 ) month period ending on
December 31 of the current year. The Treasurer shall
provide a bond as required by law.
( 04 ) Secretary - The Secretary shall be responsible for
taking and preparing minutes of each meeting of the 411
Authority. Further, the Secretary shall be responsible for
maintaining any appropriate files as deemed necessary by
4 .
the Commissioners , including files of the minutes,
M publications of meetings , and meeting agenda . The
Secretary shall also perform such functions as may be
deemed necessary by the President .
( 05 ) Assistant Treasurer - The Assistant Treasurer shall
have the powers and duties of the Treasurer if the
Treasurer is absent or disabled.
3 . 2 ) Absentee - In the case of the absence or inability to
act of any officer of the Authority or of any person authorized
by these Bylaws to act in place of the officer, the Board of
Commissioners may from time to time delegate the powers or
duties of such officer to any other officer or any commissioner
whom it may select .
3 . 3 ) Vacancies - Vacancies in office arising from any
cause may be filled by the Authority at its annual meeting or
• at any regular or special meeting.
• 3 . 4 ) Staff - The Authority shall appoint an Executive
Director and such other staff as it deems necessary to carry
out the business of the Authority, and may determine their
duties, qualifications, and compensation .
( 01 ) The Executive Director shall have the duties and
responsibilities delegated by these bylaws and as assigned
by the Authority.
( 02) The Authority may delegate to its staff, employees,
or agents- such powers or duties as it may deem proper.
3 . 5) Consultants - The Authority may contract for the
services of consultants as needed to perform its duties and
exercise its powers .
( 01) The fees, if any, of all contracted agents or
consultants of the Authority shall be fixed by the Board of
Commissioners .
(02) The Authority shall use the services of the City
Attorney as its chief legal advisor..
ARTICLE 4 .
FINANCE AND CONTRACTS
4 . 1 ) Fiscal Year - The fiscal year of the Authority shall::
be the same as the fiscal _year of the City.
4 . 2 ) Budget The following budgetary proceedings shall
apply to the transaction of business by the Authority:
5 .
( 01 ) A budget shall be prepared by the Treasurer in
accordance with the Statute. The Treasurer shall present 411
the budget to the Commissioners of the Authority for
consideration each year at such time as established by the
Authority.
( 02 ) The budget shall include estimated revenues , the
source of revenues and an estimate of the amount of money
needed from the City, the costs of projects for the ensuing
year, the estimated costs for staff personnel , and the
purposes to which money on hand is to be applied, as well
as the general administrative and overhead costs estimated
for the ensuing year, and a proposed levy .
( 03 ) After full consideration of the budget, the
Commissioners of the Authority shall approve it and the
President of the Authority shall submit the budget to the
City Council .
4 . 3 ) Financial Statements - Financial statements of the
Authority must be prepared, presented, approved, and filed in
accordance with Minnesota Statutes Sections 469 . 097 and 469 . 100
and other relevant statutes as amended or revised.
4 . 4 ) Contracts and Procurement -
Y ( 01 ) All construction work and work of demolition and 410 ,
f-%
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 Statute and 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.
4 . 5 ) 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.
6 .
III : ( 02 ) Official Depository - All monies of the Authority
shall be deposited in the name of the Authority in official
city depositories in accordance with Minnesota Statutes .
Monies shall be disbursed only by check, signed by persons
designated by the Authority, except that petty cash funds
not exceeding at any time One Hundred Dollars ( $100 ) 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 Treasurer and one other officer named by the
Authority by resolution .
4 . 6 ) Records - The books and records of the Authority
shall be kept at the principal office of the Authority.
ARTICLE 5 .
AMENDMENTS
5 . 1 ) Amendments - These Bylaws may be amended at any
meeting of the Authority provided that notice of such proposed
amendment shall be given to each Commissioner and each member
of the governing body of the City prior to such meeting...
Ok Amendment of the Bylaws shall be in accordance with the
procedural and voting requirements established by these Bylaws
or by resolution of the Authority. .
5 . 2 ) Existing Projects - The Authority shall have no
• control nor authority over any existing economic development or
redevelopment project in the City unless specifically so
provided by resolution of the City Council . If the City
Council adopts a resolution transferring control, authority and
operation- of any existing project to the Authority, the
Authority shall accept control, authority, and operation of the
project. When taking control of an existing project the
Authority may exercise all of the powers that the governmental
unit established in the project could exercise with respect to
the project and shall covenant and pledge to perform the terms ,
conditions, and covenants of any bond indentures or other
agreements executed with respect to the project.
5 . 3 ) Advisory Committees - The Authority shall maintain,
at their discretion, volunteer advisory committees which will
act in an advisory capacity to the Authority.
( 01) The advisory committees will include without
limitation:
(a) A finance committee;
III
(b) A marketing committee;
see-
(c) A prospecting committee;
(d) A research and development committee.
( 02 ) All members of the advisory committees will be
III
appointed by the Authority.
( 03 ) The responsibility of the advisory committees shall
be to advise and assist the Authority and to work
with the executive director of the Authority and the
economic development coordinator of the City on
assignments if needed.
Adopted this 22nd day of August , 1988 .
tdi., -' 1
Estelle Gunkel, President
5A . d-d1C/
Gene Schuldt, Vice President
Jim Tralle, Treasurer
Harol. Dobel, Se etary 0
47' '
g).6,(7-tj) c.
Ro o: "Holmgren, a.=sistant Attorney David C. Seller•r,n
. Treasurer
8 .
PKB :AU8
0 AMENDMENT TO THE BYLAWS OF
THE ECONOMIC DEVELOPMENT AUTHORITY
FOR THE CITY OF ELK RIVER
By way of action at a duly called special meeting of the Economic • ..
Development Authority for the City of Elk River (the EDA) held on December
12, 1994, Section 2.5(01) of Article 2 of the EDA Bylaws are hereby amended
to read as follows:
(01) Time and Place - The annual meeting of the Authority shall be
held on the second Monday of January at 6:00 p.m. at the
principal office of the Authority, or such other location as
designated in the Notice of Annual Meeting.
Adopted this 12th day of December. 1994.
/ziji - A , /i
J r4 ! At go I, Pre .. ,nt
( 1i
1•
_..)
.Patrick H. Dwyer, Vice resident
Allf--;-e- ‘...m :6' ,'/ Z-!Crl(;11,/ ,
Rol.'•r A. Holmgren, Trc surer
.,._rs ,.._(„ (II- 1 ,
Larry Farber, Secretary
y // .
/He./Henft A. Duitsman, Asst. Treasurer
e.i.)/a.<.;,. il,
.T hn Ji Dietz, , •s mission.er
,-(.__ C 1)elk \'. )
Cecilia Scheel, Commissioner
•
The City Council for the City of Elk River, Minnesota
Resolution No . 87- 63
ENABLING RESOLUTION ESTABLISHING AN ECONOMIC DEVELOPMENT
AUTHORITY FOR THE CITY OF ELK RIVER, MINNESOTA.
WHEREAS, Minn . Stat . S 469 . 090 et sea. (the Statute)
authorizes the City of Elk River ( the City) to establish an
Economic Development Authority pursuant to the procedures and
subject to the restrictions set forth therein; and
WHEREAS, the City Council for the City of Elk River (the
City Council ) finds that it is in the best interest of the City
and its residents to establish an Economic Development
Authority pursuant to the Statute.
NOW, THEREFORE, .BE IT RESOLVED by the City Council of the
City of Elk River, Minnesota, as follows :
1 . Establishment of Economic Development Authority.
There is hereby established in the City of Elk River
an Economic Development Authority (hereinafter
referred to as the "Authority" ) , effective upon
passage by the City Council of this resolution.
411
2 . Commissioners .
a. The members of the City Council of Elk River
shall serve as the Commissioners of the
Authority.
b. The terms of the Commissioners shall coincide
with their term of office as members of the City
Council . •
•
c . Commissioners shall be compensated at the rate of
One Dollar ( $1 . 00) for each regular or special
meeting of the Authority attended. In addition,
Commissioners shall be reimbursed for actual
expenses incurred in doing official business of
the Authority .
3 . Officers :
a . The Authority shall annually elect a president, a
vice president, a treasurer, a secretary, and an
assistant treasurer. A Commissioner must not
serve as president and vice president at the same
time . The offices of secretary and assistant
treasurer need not be held by a Commissioner. 111
b. The officers shall have the usual duties and
powers of their offices , including those set
forth in the Statute .
4 . Bylaws and Rules :
a . The Authority shall adopt bylaws and rules to
govern its procedures and for the transaction of
its business . The records of the Authority shall
be a public records, as provided by law.
b. The Authority shall adopt an official seal .
•
5 . Employees : •
a . The Authority may employ an executive director
and such other employees as it may require, and
determine their duties, qualifications , and
compensation .
b. The Authority may contract for the services of
consultants as needed to Perform its duties and
exercise its powers .
•
c . The Authority shall use the services of the City
attorney as its chief legal advisor . r
d. The Authority may delegate to its agents or •
employees such powers or duties as it may deem
proper.
6 . Conflict of Interest:
Except as otherwise provided by law, a Commissioner, •
officer, or employee of the Authority must not acquire
any financial interest, direct or indirect, in any
project or in any property included or planned to be
included in any project, nor shall the person have any
- financial interest, direct or indirect, in any
contract or proposed contract for materials or
services to be furnished or used in connection with
any project.
7 . Powers :
The Authority shall have all powers conferred upon
Economic Development Authorities by the Statute, as
amended from time to time, including:
•
a. The powers of a housing and redevelopment •
authority under Minn. Stat. § 469 . 001 et sec. ;
410 b. The powers of a City under Minn . Stat . § 469 . 124
et sea. ;
2 .
c . The powers and duties of a redevelopment agency
under Minn . Stat . §S 469 . 152 et see. ; -
d . The power to create and define the boundaries of
economic development districts , as provided by
law;
e . The power to acquire by lease, purchase, gift,
devise,_ or condemnation proceedings property
required to create economic development
districts; and to dispose of property acquired,
as provided by the Statute;
f . The power to sign options to purchase, sell, or
lease property;
g. The right of eminent domain, as provided by the
Statute;
h . The power to make contracts for the purpose of
economic development, as provided by the Statute;
The authority to be a limited partner in a
partnership whose purposes are consistent with
the Authority' s purpose;
j . The power to acquire rights or an easement for a .
=-' term of years , or perpetually, for development of
an economic development district;
k. The power to buy the supplies and materials it
• needs to carry out the purposes of the Statute;
1 . The right to receive public property, as provided
by the Statute;
m. The power to sell or lease land held by it for
economic development in economic development
districts ;
. n . The power to operate and maintain a public
parking facility or other public facility to
promote development in an economic development
district;
o . The right to cooperate with or act as agent for
the federal or state government or other public •
body to carry out the Statute;
p. The power to study and analyze economic
development needs in the City and ways to meet
the needs; to study the desirable patterns for .
land use for economic development and community
growth, and other factors effecting local
•
3 .
economic development in the City; to make the
411 . result of the studies available to the public and
to industry in general ; to engage in research and
to disseminate information on economic .
development within the City;
q. The power to carry out public relations
activities to promote the City and its economic
development, as permitted by the Statute;
r. The right to accept conveyances of land from all
other public agencies , commissions , or other
units of government, if the land can be properly
used by the authority in an economic development
district to carry out the purposes of the
Statute;
s . The power to develop and improve the lands in an
economic development district to make it suitable
and available for economic development uses and
purposes; to fill, grade, and protect the
property and do anything necessary and expedient,
after acquiring the property, to make it suitable
and attractive as a tract for economic
development; and to lease some or all of its
lands or property; and may set up local
411 improvement districts in all or part of an
economic development district;
t. The power to borrow money in anticipation of
bonds , after bonds have been authorized, as
' provided by the Statute;
u. The power to issue general obligation bonds,
pursuant to the procedures set forth in and as
provided by the Statute, and when authorized by
two-thirds (2/3 ) majority vote of the City -
Council , to :
i . Secure funds needed by the Authority to
pay for acquired property; or
ii . For other purposes as provided in the
statute .
v. The power to issue revenue bonds pursuant to the
procedures set forth in and as authorized- by the
Statute;
w. The power to sell or convey property owned by it
within the City or an economic development
It
district pursuant to the procedure set forth in
," . ,
the Statute, if it determines that the sale or
conveyance is in the best interest of the City or
4 .
district and its people and that the transaction
furthers the Authority ' s general plan of economic
development;
x. The power to advance its general fund money or
its credit or both without interest for the
objects and purposes of the Statute, as allowed
by the Statute;
y. The right to request that the City levy a tax for
the benefit of the Authority, pursuant to the
procedures and as provided for in the Statute .
8 . Existing Projects :
a. The Authority shall have no control nor authority
over any existing economic development or
redevelopment project in the City, unless
specifically so provided by subsequent resolution
of the City Council . If the City Council adopts
a resolution transferring control , authority, and
operation of any existing project to the
Authority, the Authority shall accept control ,
authority and operation of the project;
b. When taking control of an existing project, the
Authority may exercise all of the powers that the •
governmental unit establishing the project could
exercise with respect to the project and . shall
covenant and pledge to perform the terms ,
. conditions , and covenants of any bond indentures
• or other agreements executed with respect to the
project.
•
9 . Banks and Audits :
a . Every two years the Authority shall name a
national or state bank within the state as a
depository, in the manner provided by the
Statute .
b. The financial statements of the Authority shall
be prepared, audited, filed, and published in the
manner required by the Statute .
10 . Annual Reports :
The Authority shall prepare and submit all annual
• reports required by the Statute, including:
a . An annual report stating whether and how this
enabling resolution should be modified; •
b. An annual budget;
S.
c. An annual report giving a detailed account of the
• Authority' s activities and its receipts and
expenditures during the preceding year .
11 . Modification of Enabling Resolution :
This enabling resolution, or any part thereof, may be
modified at any time by the City Council, as provided
by the Statute.
The following Resolution was introduced by Councilmember
Schuldt and duly seconded by Councilmember Dobel . The
following voted in favor of the Resolution:
Mayor Gunkel
Councilmember Schuldt
Councilmember Dobel
The following voted against :
The following were absent:
Councilmember Holmgren
Councilmember Tralle
Whereupon the Resolution was adopted:
ADOPTED: October 7 , 1987
Estelle Gunkel, Mayor
ATTEST:
Pat' Klaers , City Administrator
4111
PKB :AO6 6 .
RESOLUTION 90 - 5
A RESOLUTION FOR THE CITY OF ELK RIVER
A RESOLUTION MODIFYING RESOLUTION 87-63
ESTABLISHING AN ECONOMIC. DEVELOPMENT AUTHORITY
FOR THE CITY OF ELK RIVER
WHEREAS , Minnesota Statute 469 . 090 et sec. ( the Statute)
authorizes the City of Elk River (the City) to
establish an Economic Development Authority
pursuant to the procedures and subject to the
restrictions set forth therein; and,
WHEREAS , on October 7 , 1987 , the City Council for the City
of Elk River adopted Resolution 87-63 creating
the City of Elk River Economic Development
Authority (the Authority) ; and,
WHEREAS , the City Council for the City of Elk River (the
City Council ) finds that it is in the best •
(2) interest of the City and its residents to expand
the Authority to broaden the representation on
the Authority.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
- of Elk River, Minnesota, as follows :
1 . Commissioners
a . The members of the City Council of Elk
River shall serve as the Commissioners
of the Authority together with two
residents of the City of Elk River
appointed by the Mayor with the
approval of the City Council , to serve
"at large" .
b . The terms of the Commissioners shall
coincide with their term of office as
members of the City Council . One of
the at large Commissioner' s initial
term shall expire on 12/31/91 and the
other Commissioner' s initial term shall
expire on 12/31/93 . Thereafter, all at
large Commissioners shall serve six ( 6 ) •
year terms .
.,.
• 1 ,
,. Commissioners shall be compensated at
the rate of One Hundred Dollars
($100 . 00 ) for each full month of
service. In addition, Commissioners
shall be reimbursed for actual expenses
incurred in doing official business of
the Authority.
The following Resolution was introduced by Councilmember
Holmgr?n and duly seconded by Councilmember
I{ronuenske The following voted in favor of the
Resolution:
Mayor Tralle , Councilmembers Kropuenske, Dobel, Holmgren and Schuldt
The following voted against :
None
The following were absent :
Ilk None
WHEREUPON the Resolution was adopted:
ADOPTED: February 12, 1990 . -
...-.,4‹.-L-r "Ii/
- James A. Tralle, Mayor
ATTEST:
9Lec_e .?\...1-4e.dl .
Sandra A. Thackeray,
City Clerk
•
4Ik
1
RESOLUTION 94 -122
RESOLUTION FOR THE CITY OF ELK RIVER
A RESOLUTION MODIFYING RESOLUTION NO. 87- 63
ESTABLISHING AN ECONOMIC DEVELOPMENT AUTHORITY
FOR THE CITY OF ELK RIVER, MINNESOTA
WHEREAS , Minnesota Statutes 469 . 090 et sec . (the Statute)
authorizes the City of Elk River (the City) to establish
an Economic Development Authority pursuant to the
procedures and subject to the restrictions set forth
therein; and,
WHEREAS, on October 7; 1987, the City Council for the City of Elk
River (the City Council) adopted Resolution No. 87-63
creating the City of Elk River Economic Development
Authority (the Authority) ; and,
WHEREAS, on February 12 , 1990 , the City Council adopted Resolution
No. 90-5 to er_pand the Authority from five (5) to seven
(7) Commissioners by including two (2) residents to serve
the Authority at-large; and
WHEREAS, the City Council finds that it is in the best interest of
the City and its residents to further broaden the •
representation on the Authority.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Elk River, Minnesota, as follows :
1. Paragraphs 2 (a) and 2 (b) of City Council Resolution
No. 87-63 , the enabling resolution for the Economic
Development Authority for the City of Elk River,
Minnesota, are hereby amended to read as follows:
2 . Commissioners
(a) The Commissioners of the Authority shall
include the Mayor of the City of Elk River,
three (3 ) additional members of the City
Council of the City of Elk River, and three
(3 ) residents of the City of Elk River who
are not members of the City Council . The
Mayor shall make all appointments to the
- Authority, with the approval of the City
Council .
(b) The terms of the Commissioners who are
members of the City Council shall coincide •
with their term of office, unless a
Co.-rcnissi over resigns earlier.
Commissioners who are not City Council
•I members shall serve six (6)' year terms .
Passed and adopted by the City Council of the City of Elk River,
Minnesota, this 21st day of November, 1994 .
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Henry 'A. Duitsman, Mayor
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ATTEST:
Sandra A. Thackeray, City C erk
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PKB: JM1s
RESOLUTION 97 - 95 •
RESOLUTION FOR THE CITY OF ELK RIVER
A RESOLUTION MODIFYING RESOLUTION NO. 87-63
ESTABLISHING AN ECONOMIC DEVELOPMENT AUTHORITY FOR
THE CITY OF ELK RIVER, MINNESOTA
'WHEREAS, Minnesota Statutes 469.090 et seq. (the Statute) authorizes
the City of Elk River (the City) to establish an Economic
Development Authority pursuant to the procedures and
subject to the restrictions set forth therein; and,
WHEREAS, on October 7, 1987, the City Council for the City of Elk River
(the City Council) adopted Resolution No. 87-63 creating the
City of Elk River Economic Development Authority (the
Authority); and,
WHEREAS, on February 12, 1990, the City Council adopted Resolution
No. 90-5 to expand the Authority from five (5) to seven (7)
Commissioners by including, along with the City Council,
two (2) residents to serve the Authority at-large; and,
WHEREAS, on November 21, 1994, the City Council adopted Resolution
No. 94-122 to change the composition of the seven (7)
member Authority from the five (5) City Councilmembers
and two (2) residents to include the Mayor of the City of Elk
River, three (3) additional City Councilmembers of the City
of Elk River, and three (3) residents of the City of Elk River
who are not members of the City Council. The Mayor makes
the appointments of the non elected members of the
Authority with the approval of the City Council; and,
WHEREAS, the City Council finds that it is in the best interest of the
City and its residents to adjust the compensation of the
Commissioners.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Elk River, Minnesota as follows:
1. Paragraph 2 (c) of City Council Resolution No. 87-63, the
enabling resolution for the Economic Development
Authority for the City of Elk River, Minnesota is hereby •
amended to read as follows:
. 2. Commissioners
(c) The Commissioners shall be compensated at
the rate of One Hundred and Fifty Dollars
($150) for each full month of service. In
addition, Commissioners shall be reimbursed
for actual expenses incurred in doing official
business of the Authority.
Passed and adopted by the City Council of the City of Elk River this 15th day
of September, 1997.
)7);4,j;)(-);
Jolie J. Dietz, -ice Mayor
ATTEST:
414
• Sandra A. Thackeray, City Clerk /
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AMENDMENT TO THE BYLAWS
OF THE ECONOMIC DEVELOPMENT AUTHORITY
FOR THE CITY OF ELK RIVER
By way of action at a regular meeting of the Economic Development Authority for the City
of Elk River (the EDA) held on December 9, 2002, Section 2.5(01) of Article 2 of the EDA
Bylaws are hereby amended to read as follows:
(01) Time and Place—The Annual Meeting of the Authority shall be held on the
second Monday of January at 5:30 p.m., at the principal office of the
Authority, or such other location as designated in the Notice of Annual
Meeting.
Adopted this 9th day of December, 2002.
Jeffrey Gongoll,President
Patrick Dwyer,Vice President
Dan Tviete
Louise Kuester
Paul Motin
Larry Koenig
Stephanie Klinzing
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Many Industries. One Leading Edge Location.
From cel(phones to personal computers,sport utility vehicles to For a Location Site Guide,including expansion and relocation
televisions,circuit boards power the electronics we use daily.One opportunities,financing information and much more,
of the toughest aspects of manufacturing circuit boards is testing e-mail cmehelich@ctelk-rivermn.us or call(763)441-7420.
their performance.Our engineers design automatic test equipment
(ATE)for the electronics and telecommunications industries.
Marketech started in Elk River and has staved in Elk River. Our
location is ideal for recruiting,training and retaining highly skilled
employees to serve our dients nationwide.Our expertise is vital to
our mission—our location is vital to our expertise." .• =.
River
Rita Bernard,Human Resources Manager �e Light t►utustrial Hub of the Nortliu est Metro
Marketech A division of Rohweddet,Inc. grew our interactive site selection map at wwwctelk-rivermn us
North' Star;.AccessL. I G�
LMq'�dYY OWINLai csMTeps,LTC. -",:,�.'u
w,iwi .sw,access.com EGstd(i�l.!'este 7lfe+T.N C 5 Gmu uufHtbankidkriJ:corn
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Facing the Risk of Refusal, and smiling
Brokers and developers carry a development professionals, we try to will offer, and they stick to the pro
great deal of risk each time they �i ork directly with developers and gram.
pursue a new opportunity, particular- brokers to assure their needs are When it comes to the commitment
ly when it involves industrial facili being met," states Cathy Mehelich, of staff in city offices, there is still a
ties. The amount of work and cash Director of Economic Development hometown feel and dedication. "We
for the City of Elk River. "Elk River have gotten comments from brokers
required, simply to present a propos
al to a city council,can be significant. established two business parks to about the positive attitude and
eliminate external or internal road urgency the team here has for getting
If those community leaders take a
casual attitude toward new develop- blocks that increase risk for those things processed," affirms City
ment, the investment may be wasted interested in moving a business." She Administrator, Pat Klaers. "People in
by the actions of the council, or by cites firm commitment of both the our office work as though they are
the administration's failure to coni city and property owners to attract serving a neighbor, and ultimately,
municate the benefits of the project and support industry in the communi- that's what a community is all about." ,_
to the community. ty. "Our citizens are already aware of ,3:
A municipality with a lax attitude >'". t x'1,4 ,•,,„ -•c'-' ' ,'--,-1.:5 ,,
about business development can also . =aAr-4,f.31'.4," < � 1 g ' ° ' ` '" -4 \;;;,:',),,,;111 ` "'�
cost developers valuable time and
money through unnecessarily slow ::,“ • Peo le who haven't been here in a few
processing of documents or schedul ,'1'''.4 p
ing of inspections.
e ' years, or only pass through on their way
Risk reducing factors5,.
The single most important thing to North are very surprised when they look 1.°
look for in a community to minimize i
III your risk is a solid goal and vision by }
a communitythat supportsyour type around and see everything new." _
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of project. This goal and vision must
also be backed up by strong evidence *1•',.:r,,,b., -Cathy Mehelich
of commitment to meeting these director of economic development
expectations by the city's economic ;.„-,,i,
development machine. i City of Elk River
Clear evidence of this commitment '`'
goes beyond the acquisition of land
and development of attractive financ- the industrial parks, but we continue 200 acres for business growth
ing options and tax breaks. You need to work with local media and sponsor At an average price of$1.50/sf,Elk
to look for proactive steps to create events to drive home how important River industrial land prices are not
planned developments that not only these businesses are to our communi- only competitive with area communi-
attempt to recruit large businesses to ty" ties,but the city offers TIF,abatement
an area, but include multi-tenant Mehelich also notes that the city's and subprime loans to make the city a
buildings and other amenities attrac- financial and other incentives for cost-effective option.
tive to small, growth oriented firms. businesses are backed-up with a The East Business Park, located on
Other evidence of commitment and vibrant and growing community. Elk Highway 169, contains approximate-
proactivity can be found in the acces- River has seen significant residential ly 70 developable acres. The West
sibility of Economic Development growth in recent years, drawing new Business Park, located on Highway
officials. If you are being serviced commercial businesses and sparking 10,boasts nearly 100 acres for indus-
more directly by Directors and man- a renewal ,of the traditional down- trial and office development.
agers in the city offices in answering town. "People who haven't been here Cascade Industrial Park adds an
your questions, rather than clerks, in a few years, or only pass through additional 46 acres to the total avail-
this is a good sign of the depth of on their way North,are very surprised able land.
commitment. The responsiveness of when they look around and see every-
these individuals and the organization thing new," says Mehelich confident- For more information about the
of city process will also indicate how lY• City of Elk River, and a Location Site
In addition, Elk River has imple- Guide, contact Heidi Hall at
much time you will save working
with a community dedicated to the mented processes centered around a 763.241.5526 or visit the city Web
realization of projects like oursLocation Site Guide that breaks out site at www.ci.elk-river.mn.us, which
III all the specifics for industrial busi- includes an interactive map with
nesses as they build and move into a detailed information about available
As an example of a city assertively new facility. The goal of the docu- industrial sites.
pursuing its vision for manufacturing ment is to set the perimeters and
and industrial growth, consider the streamline the process. The guide
efforts of Elk River. "As economic specifically establishes what the city
:Alill
26 November2002 Minnesota Leasing Guide
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City of
Elk -�-1
River
MEMORANDUM
TO: Economic Development Authority n
FROM: Catherine Mehelich, Director of Economic Development(J)
DATE: December 9, 2002
SUBJECT: Consider Micro Loan Extension — ProTech Engineering, Inc.
Issue
In November of 1999, ProTech Engineering, a start up mold manufacturer, received a
$50,000 Micro Loan from the EDA to purchase machinery and equipment. The loan was
financed at 7.25% and amortized over 15-years with a 3-year balloon payment. Brad Butalla,
President of ProTech, has requested the EDA's consideration of refinancing the balance of
the loan over a 5-year amortization with a 2-year balloon payment.
Background
In December 2001, the EDA subordinated its first position on the company's accounts
receivable to The Bank of Elk River to allow an expanded line of credit. The EDA
continues to hold first position on the company's inventory, documents, fixtures and the
like, along with a second position on four pieces of equipment.
Per the loan agreement, a balloon payment is currently due in December 2002 for the
balance of the company's micro loan in the amount of$44,270.13. The Micro Loan Fund
Policy allows for a 2-year extension with refinancing at a market rate of interest. Staff
discussions with local lenders indicate a current market rate between 6% and 6.5%.
ProTech's loan repayment history has been excellent. During this time their micro loan
carried one of the highest fixed interest rates within the EDA's micro loan portfolio,while
many of the micro loans carrying variable interest rates have recently been able to take
advantage of rates as low as 4.75%.
Action Requested
Staff recommends that the EDA authorize refinancing the balance of ProTech Engineering's
loan over a 5-year amortization at a market rate of 6.25%with a 2-year balloon payment.
110