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5.0. 6.0. 7.0. 8.0. EDSR 01-11-1999 ELK RIVER ECONOMIC DEVELOPMENT AUTHORITY • MEMORANDUM TO: Economic Development Authority er, ROM: Paul Steinman,Director of Economic Development DATE: January 11, 1999 SUBJECT: Agenda Memo for January 11, 1999 Meeting 5. Annual Meeting Items a. Election of Officers The EDA bylaws indicate the following offices are to be filled through the election process at the annual meeting of the ioAuthority. The 1998 officers were as follows: • President - Hank Duitsman • Vice President Pat Dwyer • Treasurer - Larry Farber • Secretary - Daryl Thompson • Assistant Treasurer Roger Holmgren b. Appoint Executive Director The EDA bylaws indicate that the appointment of an Executive Director is required at the annual meeting of the Authority. c. Designate Official Newspaper The EDA's current official newspaper is the Elk River Star News and staff recommends at this time redesignation of the Elk River Star News as the official EDA newspaper for 1999. III 13065 Orono Parkway • P. O. Box 490 • Elk River, MN 55330-1743 • (612) 441-7420• Fax (612) 441-7425 Equal Opportunity Housing and Equal Opportunity Employment Economic Development Agenda Memo January 11, 1999 Page 2 • d. Designate Official Depositories Past practice has been for the EDA to designate depositories which are identical to those designated by the City Council. For 1999, the City Council is asked to designate the following banks and institutions as depositories for its funds: • The Bank of Elk River • First National Bank of Elk River • 4M Fund • Norwest Bank • US Bank Staff recommends designating the above-referenced banks and institutions as official depositories for the EDA for 199g. e. Consider Commission Appointments and Assignments The EDA currently maintains the following committees: Finance Committee Lloyd Brutlag Jim Simpson Tom McNair Tom Bender Jeff Gongoll Vacancy Vacancy Business Incubator Advisory Committee Hank Duitsman Jeff Gongoll Daryl Thompson Larry Hickman Kermit Bode Rich Duggan Jim Barthel Jack Mowry There currently is one vacancy on the Business Incubator vacancies on the Advisory10 Committee - Hank Duitsman and two Finance Committee. It is appropriate to select replacements for Economic Development Agenda Memo January 11, 1999 Pa�. e3 111 these positions at this time. Staff will welcome suggestions from the Commission. Staff recommends reappointment of the other current membership of both the Business Incubator Advisory Committee and the Finance Committee. f. Discuss Enabling Resolution/Bylaws for Suggested Changes The EDA annual meeting provides the opportunity to review the bylaws and enabling resolution, which are attached, for suggested changes by the commissioners. 6. Discuss the Establishing Business Incubator Marketing Advisory Group Staff and EDA Commissioner Jeff Gongoll will discuss the concept of establishing a third EDA subcommittee titled Business Incubator Marketing Advisory Group. Staff and Commissioner Gongola, and Incubator Consultant Harlan Jacobs have discussed the formation of a small committee to be available for member companies to provide iomarketing expertise and direction for such companies. This is a service niche which has yet to be filled as part of the overall Incubator Program. Staff suggests the committee be made up of approximately four individuals including Harlan Jacobs and Jeff Gongoll. Staff will take suggestions from the EDA regarding the two vacancies on the committee. Recommendation Staff recommends creation of the Business Incubator Marketing Advisory Group consisting of a total of four members, of which two shall be Jeff Gongoll and Harlan Jacobs, and the remaining two vacancies to be approved by the EDA at a future meeting. 7. Update on Position Profile for Economic Development Assistant Position -;Jim Brimeyer Jim Brimeyer will be available at the EDA meeting to provide information on the creation of the position profile for the economic • development assistant position. A draft position profile is attached in this packet. Economic Development Agenda Memo January 11, 1999 Page 4 • 8. Other Business • Update East Business Park/Hohlen Development Staff and City Attorney Peter Beck are continuing discussions with Amcon, Brookstone Development, and Associated Developers to draft the development agreement for redevelopment of the Earl Hohlen and Vandenberg properties. Staff is working toward being able to provide a draft development agreement for EDA review at its February meeting. • West Business Park Prospect The EDA has begun creation of TIF District No. 21 based upon an application from a Rogers company to locate in the West Business Park. At the current time it appears that this project is not going to happen, as the company has determined it is best to purchase the facility within which they are currently located. • Staff will determine whether it is best to proceed with creation of TIF District 21 since we are approximately 90 percent of the way through the process. Upon approval by the Council, staff would simply wait to certify this TIF District until the time when another developer would step forward to propose a West Business Park project. The remaining TIF District schedule includes publishing a hearing notice, having the EDA approve the TIF Plan on February 8, 1999, and subsequently having the City Council hold a public hearing on February 8, 1999. No action is required on this issue at this time. • 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 Economic Development Authority for the City of Elk River. " #41, 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 ) Enabling 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 Meeting Law, Minn. Stat . Section 471 . 705 . AIM 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 III 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. 10 ( 02 ) Notice - Notice of the Annual Meeting shall be 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 the following: 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 111 of Commissioners . 7 . Consideration of staff assignments. 2 . 8 . Approval of official newspaper. 411 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. ill, (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 . (III . 10. Close. r 3 . 2 . 7 ) Special Meetings - Special meetings of the Authority III 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. 111 (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 f 410 Authority. Further, the Secretary shall be responsible for maintaining any appropriate files as deemed necessary by 4 . the Commissioners, including files of the minutes, • 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 shalli' 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: 410 5 . (01 ) A budget shall be prepared by the Treasurer in 411 accordance with the Statute. The Treasurer shall present 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 - 111 (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 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 . (02 ) Official Depository - All monies of the Authority 111 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. 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; (b) A marketing committee; (c) A prospecting committee; (d) A research and development committee. 7 . (02 ) All members of the advisory committees will be IIIappointed 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 . L.tdb -,_ }-4,,,,Le Estelle Gunkel, President 14kid -.• ‘'Zi-,/ Gene Schuldt, Vice President . .....-'?: 47-- . .. Jim Tralle, Treasurer tr Harol. Dobel, Se etary 10 :.,.., ,,,,, 1pm, ,g-„,,sc /# /#, ✓ _ _,_ Ro.=: 'Holmgren, sistant Attorney David C. Seller•r •n Treasurer • 4 8 . PKB:AU8 • 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. J :j, !l At go I, Pre '. nt 1110 Patrick H. Dwyer, Vice resident R.o,-<r A. Holmgren, Tr4surer Larry Farb4, Secretary -e r�-- LA. . - ,'Be•.. A. Duitsman, Asst. Treasurer J to Dietz, , •:mission.er • tr) 11/ Cecilia Scheel, Commissioner n.d The City Council for the City of Elk River, Minnesota 411 Resolution No. 87- 63 ENABLING RESOLUTION ESTABLISHING AN ECONOMIC DEVELOPMENT AUTHORITY FOR THE CITY OF ELK RIVER, MINNESOTA. WHEREAS, Minn. Stat. § 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. 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. b. The officers shall have the usual duties and IIIforth 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. Alld. 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 sea. ; • 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. §§ 469 . 152 et sec. ; 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; i . 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 111 land use for economic development and community growth, and other factors effecting local 3 . economic development in the City; to make the 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 improvement districts in all or part of an 110 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 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 cr 4 . district and its people and that the transaction furthers the Authority' s general plan of economic 11, 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; E b. An annual budget; 5 . 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 • I 4 Estelle Gunkel, Mayor ATTEST: 2 .;(;7/6-es- Pat Klaers, City Administrator • :411 PKB:A06 6 . 1 410 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 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 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 110 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. IIM c . 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 Holmgren and duly seconded by Councilmember Kropuenske . 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 : None 110 WHEREUPON the Resolution was adopted: ADOPTED: February 12, 1990 . -4-t-t--1----t /7 James A. Tralle, Mayor ATTEST: 92,44...et e9 _ //, - - - - . Sandra A. Thackeray, / City Clerk 410 RESOLUTION 94-122 RESOLUTION FOR THE CITY OF ELK RIVER 410 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 expand 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. (111 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 111 Commissioner resigns earlier. Commissioners who are not City Council 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 . /). 1 `�,fcccr' I "C)//, Henry A. Duitsman, Mayor ATTEST: Sandra A. Thackeray, City C erk 110 2 . 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 (t1-;e 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. 9A41 5)4; John J. Dietz, 'ce Mayor ATTEST: ��' _ — .—e_ Sandra --e- Sandra A. Thackeray, City Clerk / • 01/07/99 THU 10:34 FAX 904-HA I NSTREET 0002 • DRAFT DRAFT Elk River Where city and country flow together... LOGO City Planner - Position Profile The Community The City of Elk River is located on Hwys. #169 and#10 within a thirty minute drive time to the Twin Cities metropolitan area or to St. Cloud. The City is situated at the confluence of the Mississippi River and the Elk River creating a peaceful setting for 17,000 residents. Elk River serves as the county seat of Sherburne County. Sherburne County is currently one of the fastest growing counties in the State of Minnesota. COMMERCE AND DEVELOPMENT The City's historic downtown is active and vital with retail and businesses serving customers from Elk River and the surrounding areas. In addition,substantial commercial and retail development has taken place along the Highway 169 corridor and the Highway 10 corridor. There is excellent potential for additional retail and industrial development. Several industrial sites are located adjacent to major • transportation links and house a variety of industries. Great River Energy is the City's largest tax payer, employing 500 workers and supplying electricity to 15 distribution cooperatives in Minnesota and Wisconsin. In 1988, the company constructed a receiving and storage building which bas since become part of the Anoka County Resource Recovery Facility. Municipal solid waste is brought to the facility from five counties and recycled or processed for fuel. A $2.2 million expansion of the plant was completed in 1993. Numerous manufacturing companies are located within the City's seven industrial parks with capacities of up to 120-acres. The Elk River Industrial Park covers 80-acres and is fully developed. A new business park of over 40 acres will be developed in 1999. Over the past seven years, annual commercial and industrial construction values have been approximately$10.5 million. In. 1994, infrastructure improvements supported the development of a 31.0,000 square foot retail center on. a 52-acre site. Tenants include Target, Cub Foods, Taco Bell, First National Bank of Elk River, and Norwest Bank. A more recent development is Hillside Crossing -a 14-acre commercial site housing Sax Food and Drug. A 1.60,000 square-foot Menards, Applebee's Restaurant, Holiday Gas Station and Convenience Store, and a second building for L&W Liability Co. have recently been constructed. An additional 300,000 to 500,000 square feet of retail space is anticipated to be available by 2000. Recent expansions have occurred at Time Out Sports Bar and Restaurant, Independent School District 728, Central Lutheran Church, Fairview Hospital and Healthcare Services, Sherburne County Courthouse,Bank of Elk River, and the Guardian Angels nursing facility. A commercial center was constructed between the Holiday Store and Applebee's. Industrial expansions have occurred at Shiely • Masonry, E&0 Tool and Plastics, Morrell Transfer, Barton Sand and Gravel, Metropolitan Gravel, Weicht and Associates, and Plaisted Companies. 01/07/99 THU 10:34 FAX 904-MAINSTREET (]003 • • -2- RESIDENTIAL DEVELOPMENT In 1997, five developments carded a majority of the residential activity. Cherrywood Hills is a 66-lot development with 46 lots being developed in Phase L The second phase is a rural subdivision of 40 acres divided into 14 lots. Lafayette Woods is in the second phase of developing 51 single family lots. Country Crossing received final plat approval to complete the remaining 24 lots. In all, the development has 202 single family lots and 62 townhouse units. Urban lots in 1997 outnumbered rural lots 162 to 27. A new 600-unit housing subdivision was recently approved by the City Council and will provide the community with additional housing options over the next three to five years. EDUCATION/HEALTH CARE The City's Iargest employer is Independent School District 728 with 600 employees. The School District serves nearly 8,000 students. The public school system includes a high school, two junior high schools, and seven elementary schools. Five parochial schools serve students from K-12. Community Education offers many classes for children and adults. In addition,a technical college and a community college are located nearby and universities are found in Minneapolis and St. Cloud. A regional hospital located in Coon Rapids is within a 15 minute drive. Medical, dental, optometric, chiropractic, and veterinary facilities are found within the community. The Rum River Medical Clinic is comprised of 15 family practice physicians. The Guardian Angels long-term care facility serves the 411 needs of the elderly and includes a 36-unit apartment building for moderate income clients. PARKS AND RECREATION/COMMUNITY EVENTS Elk River maintains 13 parks and a State park is located in the area. Lake Orono offers residents a variety of recreational water activities. A grand 4th of July celebration is held at Orono Park on the lake. Events include music, family games, food, and a water sl'i show. A fireworks display ends the day. The Sherburne County Fair is an annual summer event which features a parade, rides, and exhibits. Among the many organizations and clubs available to join are the Art Guild, Arts Council, Community Band and Chorus, Land of Lakes Choirboys, and the Elk River Community Theater. A variety of active fraternal and service organizations are available. Also serving the community is the Elk River Public Library which is part of the Great River Regional Library. CITY SERVICES The City of Elk River was incorporated in 1890 and was consolidated in 1977 with Elk River Township. At 44-square miles, the City represents the third largest municipality in land mass in Minnesota. The governing body consists of a Mayor, elected at large, and four Councilmembers. The City employs a total of 62 full-time personnel and 37 part-time workers. The general fund budget for 1998 was $4.9 million. Police protection is provided by 15 sworn officers, a 19 member reserve force, and three community service officers. The 35 member volunteer Fire Department is headed by a full-time Fire Chief. The Fire Department also responds to medical emergencies and supplements the local ambulance service. • The City owns and operates an off-sale liquor store. 01/07/99 THU 10:35 FAX 904-MAINSTREET 0004 The City of Elk River offers municipal sewer and water services. The municipal water supply is drawn from a series of wells. The storage capacity exceeds 2 million gallons. The wastewater treatment plant has a current capacity of over 1 million gpd and can accommodate 2.2 gpd. Electrical power is distributed through the Elk River Municipal Utilities and the Anoka Electric Cooperative. The City of Elk River contracts through private haulers to provide weekly refuse service and biweekly recycling services. In 1980 the City established a Housing and Redevelopment Authority. In 1988 the City established an Economic Development Authority which is charged with promoting the City's development efforts. The Planning Department The Planning Department prepares staff reports along with pertinent information for the Park and Recreation Commission. These reports assist the Commission in malting recommendations on plats and other development requests having park and recreation issues. Recommendations from the Park and Recreation Commission are then forwarded to the Planning Commission and the City Council. In 1997, the City Council adopted an ordinance designating the Planning Commission to act as the Board of Adjustments to review applications and appeals relating to zoning ordinances. The Board approves or denies variance requests. If denied, an automatic appeal bas been incorporated to continue applications forward to the City Council. The Planning Commission met as the Board of Adjustments eight times during 1997 and reviewed a total of 21 variance requests. The Position The City Planner reports to the City Administrator and is responsible for coordinating activities relating to short and long range planning and planning and zoning issues, and supervises a planning staff of three. Specific duties include: • Work with others to develop and administer the City's Comprehensive Plan. Develop or update portions of the Comprehensive Plan. • Administer the Zoning and Subdivision Ordinance and provide interpretation and updates. • Coordinate activities for the PIanning Commission and Board of Zoning Adjustments. • Review development plans and requests. • Provide and obtain planning advice and/or information from citizens, civic groups, developers, neighborhood groups, commissions, and the City Council. • Assist in developing and monitoring the Department budget. • Perform personnel activities including staff training, scheduling of employees and volunteers, and performance evaluations. Background and Experience 111111 Qualified candidates will have a Bachelor's degree in Urban Planning or related field and a minimum of five years experience in municipal planning, as a Department Head or in a responsible staff position within a large Planning Department. The qualified candidate will possess: 01/07/99 THU 10:35 FAX 904-MAINSTREET 1J005 • -d • Background in commercial and industrial development. • Understanding of zoning issues to create an appropriate mix of land uses. Familiarity with land reclamation issues, environmental issues, and utility extensions. • Orientation towards park and open space planning. Knowledge of park acquisition, development, and dedication procedures. • Short and long range planning skills. Experience in Comprehensive Planning. • Exposure to a political environment and an understanding of the ramifications of the political process. • Knowledge of code enforcement, variances, ordinances, conditional use permits, and setback requirements. Site plan review and development experience. • Ability to model ordinances to correspond to various uses. • Some exposure to school planning and facilities development. • Experience with new residential developments within traditional subdivisions and incorporating alternative concepts (e.g., cluster housing,mixed uses, etc.) Experience in residential redevelopment including housing programs and renovation of older neighborhoods. 411 • Understanding of transportation issues, rail development and pedestrian brlce/trail installations. • Skill in using technology for presentation purposes. Management Capabilities • Enjoy taking an active and visible role in the community. • Be anticipatory of events and plan for eventualities. Avoid surprises with new policies and developments. • Be able to work effectively at all levels and with all types of developers. • Provide clear and complete oral and written reports. Furnish both sides of every issue and provide recommendations. Be able to understand and communicate all requirements to developers. • Streamline the development process. Encourage a clear flow of information to the staff. Work closely with building inspection and zoning functions. • Play a consultive role in helping people understand the process and the steps involved in. development. Include the neighborhood and affected areas early on the process. • Cooperate within development guidelines as defined by the Strategic Plan. Display flexibility within the scope of ordinances and acknowledge the Comprehensive Plan as a "guiding" plan. • Promote strong relationship between the schools and the City. Work with the schools on planning for appropriate growth patterns. • Establish methods for gathering community opinion. • Understand City initiated projects versus developer initiated projects. 01/07/99 THU 10:35 FAX 904-MAINSTREET 2008 • -5- Position Priorities • Explore and define areas for well planned growth.Work with the Planning Commission to examine goals and develop a five to ten year plan for future development. • Become familiar with the pertinent chapters of the Comprehensive Plan to facilitate update. • Get to know community leaders and representatives from the City's various service clubs, the Chamber of Commerce, HRA, and EDA. • Explore the feasibility of: - Creating transit stops in the community -Developing a Master Plan for utilities -Adding an additional Business Park -Modernizing sign standards • Participate in developing a plan to renovate the downtown. • Develop design standards and architectural controls for existing and new developments. • Develop ways to utilize open areas. • Review status of current Conditional Use Permits. Announcement City Planner; City of Elk River, MN(pop. 17,000). Starting salary range$48,000 to$56,000. Position is responsible for city planning activities including short and long range planning,presentations to Planning Commission and City Council, Comp. Plan implementation and updates and supervision of department and staff of three. Require Bachelor's Degree in Urban Planning or related field and five years experience in municipal planning, as a Department Head or in a responsible staff position within a large Planning Department. Send resume by 2/15199 to:James L. Brimeyer, The Brimeyer Group Executive Search, 904 Mainstreet#205, Hopkins,MN 55343, (612)945-0246, fax: (612)945-0102, E-mail: BrimGroupaaol.com Timetable 2/15/99 Deadline for Application 3/15/99 Presentation of Candidates 4/1 and 411/99 Interviews, Selection May, 1999 Start Date • 01/07/99 THU 10:36 FAX 904-MAINSTREET 0 007 Assistant Director of Economic Development The Position The Assistant Director of Economic Development reports directly to the Director of Economic Development and is responsible to assist in economic development activities for the City. Background and Experience Candidates for the Assistant Director position should possess a four year degree and 1-3 years experience in economic development. Qualified candidates should have knowledge of and/or experience in: * Industrial and commercial development- * Downtown development and expansion compatible with peripheral growth. * Marketing and promotion. * Business recruitment. • * Housing programs. * Creating incentives and financing packages. * Familiarity with growth issues. Priorities * Create marketing techniques to promote and fill the Business Park. * Take advantage of the growth occurring in the community to manage and control development needs. * Become familiar with the Comprehensive Plan. Announcement Assistant Director of Economic Development; City of Elk River, MN(pop. 17,000). Starting salary range $35,000 to$40,000. Position reports to Director and assists in industrial, commercial, retail, and office development. Qualified candidates should possess a four year degree and 1 to 3 years experience involving economic development activities. Send resume by 2/15/99 to The Brimeyer Group Executive Search; 904 Mainstrzct#205; Hopkins,MN 55343; (612)945-0246, fax: (612) 945-0102, E-mail: BrimGroup®aol.corn Timetable • 2/15/99 Deadline for Application 3/1/99 Provide Resumes of Qualified Candidates to EDA