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AMENDMENT DATED 01-13-2003 • 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 January 13, 2003, Section 2.6(01) of Article 2 of the EDA by-laws are hereby amended to read as follows: (0 I) Time and Place — Regular meetings of the Authority shall be held on the second Monday of each calendar month at 5:30 p.m. Any regular meeting falling upon a holiday shall be held on the next business day at the same 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. Adopted this I 3th day of January, 2003 in accordance with Section 2.6(01) and Section • 5.I of the EDA by-laws. EDA Executive Director • S:\EDA\AGENDA\Year2003\AMENDMENT TO THE BYLAWS.doc Economic Development Authority Minutes Page 3 January 13, 2003 • • WELLS FARGO BANK • THE BANK OF ELK RIVER • USBANK COMMISSIONER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 6-0. a. Consider Commissioner Appointments and Assignments COMMISSIONER KLINZING MOVED THE FOLLOWING APPOINTMENTS AND ASSIGNMENTS: FINANCE COMMITTEE • JIM SIMPSON • TOM MCNAIR • JEFF GONGOLL • CLIFF LUNDBERG • DAN TVEITE • PAUL MOTIN • CHRIS CARLSON • BUSINESS INCUBATOR ADVISORY COMMITTEE • STEPHANIE KLINZING • JEFF GONGOLL • LARRY HICKMAN • JIM BARTHEL • JACK MOWRY • LOUISE KUESTER MARKETING COMMITTEE • JIM BARTHEL • CHRIS CARLSON • KARA HILLMAN/ELK RIVER SCHOOL DISTRICT REP • GARY SANTWIRE • JIM SMIPSON • DAN TVEITE • DARYL THOMPSON COMMISSIONER KLINZING SECONDED THE MOTION. THE MOTION CARRIED 6-0. • a. Bylaw Amendment Economic Development Authority Minutes Page 4 January 13, 2003 • COMMISSIONER MOTIN MOVED THE FOLLOWING AMENDMENT TO THE EDA BYLAWS: "REGULAR MEETINGS OF THE EDA SHALL BE HELD ON THE SECOND MONDAY OF EACH CALENDAR MONTH AT 5:30 P.M.ANY REGULAR MEETING FALLING UPON A HOLIDAY SHALL BE HELD ON THE NEXT FOLLOWING BUSINESS DAY AT THE SAME TIME AND PLACE." COMMISSIONER KOENIG SECONDED THE MOTION. THE MOTION CARRIED 6-0. 6. Consider Micro Loan Extension for Charlene R. Barder, Edward J. Barder and Margo L. Foster (formerly dba Olde Main Eatery) Catherine Mehelich indicated that a request has been made to extend the Micro Loan for the Olde Main Eatery for an additional term. Commissioner Motin questioned the issue of the borrowers no longer owning the business for which the loan was granted. Commissioner Klinzing requested staff to review with the Finance Committee the micro loan policy as it relates to granting loans for investment property and dealing with existing loans that change hands during the loan term. • COMMISSIONER TVEITE MOVED TO AUTHORIZE REFINANCING THE BALANCE OF THE MICRO LOAN WITH CHARLENE BARDER, EDWARD BARDER AND MARGO FOSTER OVER A 7-YEAR AMORTIZATION AT A MARKET RATE OF 6.25% WITH A 2-YEAR BALLOON PAYMENT. COMMISSIONER MOTIN SECONDED THE MOTION. THE MOTION CARRIED 6-0. 7. Business Incubator Update Catherine Mehelich introduced Incubator Consultant Harlan Jacobs. Mr.Jacobs provided an update on the City's incubator program and activities including existing tenants, recent incubator graduates and new companies who are interested in the City's incubator program. Mr.Jacobs introduced Tom Guzik, CEO of Verdantes Inc. Mr. Guzik gave an update on his company and indicated that he is interested in the City's incubator program. 7.1. Consider Lease Renewal of Business Incubator Space Catherine Mehelich informed the EDA that the lease with Larry Hickman of the • Business Incubator building would expire April 14,2003. Catherine provided an update on the leasing history of the Business Incubator. She indicated that due to