10.5 SR 03-01-2021Request for Action
To
Item Number
Mayor and City Council
10.5
Agenda Section
Meeting Date
Prepared by
Work Session
March 1, 2021
Colleen Eddy, Economic Development Specialist
Item Description
Reviewed by
Joint Finance Committee HRA Members
Cal Portner, City Administrator
Reviewed by
Action Requested
Receive information and provide staff direction.
Background/Discussion
The Joint EDA/HRA Finance Committee was created in April of 2018 when the two Authorities combined
their respective Finance Committees to streamline the review of applications for financial assistance. The
Committee consists of two members from each authority and the banking industry, representatives from legal
and real estate industries and an at large member.
Currently, three members of the HRA sit on the Committee constituting a quorum of the HRA. The
Committee makes non -binding recommendations to the HRA and EDA.
Financial Impact
N/A
Mission/Policy/Goal
The Housing and Redevelopment Authority in and for the City of Elk River was created by an act of legislature
of State of Minnesota entitled the "Municipal Housing and Redevelopment Act," Minnesota Statutes, Sections
462.411 — 462.712.
Attachments
■ HRA Bylaws
The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional,` 01 e
service, and community engagement that encourages and inspires pi ospei ly INAMIRE1
Bylaws
Housing and Redevelopment Authority
in andfor
the City of Elk River, Minnesota
The Housmig and Redevelopment Authotir"T in and for the 'ity of Fllk River (the "Authority") was
created by an -act of the Legislature of the Mate of Minnesota c'nihtled the "Municipal Housing and
Redevelopment Act," Minnesota Statutes, Sections 462,411 - 462.712. On the 21 st day of July,
1980, the City Council of the City of Elk River adopted a resolution in accordance with the findings
required by Minnesota Statutes, Section 462,425, Subd, 2. The bylaws of the F]k River Housing and
Redevelopment Authority dated as of.ApH. 28, 1986, -ire hereby repealed. The bylaws dated
November 25, 1996, are hereby adopted and shall govern. from this day forward, as amended as
provided herein,
Same . -The legal name of the Authot-ity is "The Housing and RedevelopmentAuthority in
and for the City of Elk River."
1,2) Q—ffice - 1`hc principal office of the Authori", shall be the city, offices of the City of 1--,'Ik
River, unless otherwise determined by resolution of the Authority,
I
1-3) Lo—mmiss—ioners --The Board of Comriiissioners of the Authority shall consist of 5 me mbers,.
Commissioners shall be appointed in accordance with Minnesota Statutes, Section 469.003,
subdivision 6, as arriended.
2=7
2.1) �,knnuil Meeting -'I'he annual meeting of the Authority shall be held at the principal office of
the Audiority on the first Monday of February at 5:30 p.m., or such other location as
designated in the notice of the annual meeting. Any annual meeting falling upon a holiday
shall be held on the next business day at the same. time and location,
2-2) �LC ti9L-QLAa!WaLMgKdng Notice shall be published in the official newspaper of the
.Authority and delivered to each Commissioner of the Authority and each member of the
governing body of the City, not less than ten (10) days in advance of such meeting. It shall
be the responsibility of the F'Ixecutive Director to give this notice.
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2-3) _Q �jorum .-There shall be a cluorum to conduct business at the annual meeting, If a quorum
is nor present, the Fxecutive Director shall establish a date for a new annual meeting; and
cause notice to be given as provided in Section 2.2 of this Article,.
2A) C--)rder of Business at the Annual Meeting The annual meeting of the Authority, and so far
as Possible all other meetings of the Authority, shall be conductedin accordance with
Rob��res Rules of Qrdcr Revised.'Fhe suggested order of business at the annual meeting
shall be the following :
1. Roll call,
2. Election of officers acid establishment of their terins.
1 Designation of committee assiglirrients to Commissioners.
4, Deterrrunation of new committees and assignments of Commissioners.
15) - Regular meetings shall be
held by rbe,Authonity, on the first Monday of each month at 530 p.m. at the principal office
of the Authority,, unless otherwise designated, and shaU be open to the public. Any regular
meeting falling upon a holiday shall be held on the next regular business day at the same time
and location. No separate notice need be given for regular meetings, The suggested order
of business at regqilar meetings shall be the following:
1. Call meeting to order
1 Pledge of Allegiance
3. ConsiderAgenda
4. Consent Agenda
A
Minutes
B.
Check Register
G
Balance Sheet
U
Revenue and Expenditures Report
5. Open Forum
6, public Fleaiigs
7. General Business
8. Worksession
9, Adjournment
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5160130 JSB EI-185-13
2.6) S!peqiL q! Mee*s - Special meetings of the Authority shall be called by the Executive
g
Director at any time upon written request of any Conimissic) net. Notice of special meetings
shall be given to each commissioner a rninimurn of 72 hours in advance of such meeting.
2.7) A ttendance The City Council has adopted an Attendance Policy applicable to all
Commissioners. The City Council may amend the Attendance Policy from time to time. At
all. times, Commissioners shall comply with the Attendance Policy then in effect on fde with
the Executive Director, Failure to comply with the Attendance Policy may result in removal
from the Board of Commissioners in accordance with the Artctidance Policy.
3-1) Officers -The officers of the Authority shall consist of a (.,hair, a Vice Chair, a Secretary and
such other officers as shall from tune to time be duly selected and appointed.
3.2) Chair - The Chair, who shall be selected from among the Cornniissioners, shall preside at all
meetings of the Commissioners and shall have general charge of and control over the affairs
of the Authority, subject to the approval of the Commissioners.
3-3) ViceChair- The Vice ("hair, who shall be selected from among the Comi-nissioners, shall
Preside. at all meetings of the Commissioners in the absence of the Chair and shall. perform
such duties as may be: assigned by the Commissioners. In case of death, retirement, or
disability of the.Cliair, the Vice Chair shall perform and be vested with all the duties and
powers of the Chair.
3.4) 5ggpztary -The Secretary, who shall be selected from among the Commissioners, shall be
responsible for reviewing the mirmtes of each meeting of the Authority. The Secretary shall
also perform such functions as may be: deemed necessary by the Chair.
3.5) Executive Director - Ilie Authority, shall appoint an Executive Director and such other staff,
permanent and temporary, that it: deems necessary to carry out the business of the Authority,
The E'Ixecutive Director shall have the duties and responsibilities delegated by these by-laws
and as assigned by the Authority.
3-6) klz-c�tionVacancies, The Chair, Vice Chair, and Secretary shall be elected by
the Commissioners at the annual tneeting, and shall hold such office until his/her successor
is elected. Should the office of Chair become vacant, the Vice Chair shall become the Chair,
Should the office of Vice Chair and Secretary become vacant, the Authority shall appoint a
successor from its membership at the next- regular meeting, and. such appointment shall be
for the unexpired term of the said office,
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5160130BB ELI 85-13
4.1) Qi!!2t�i - A majority- of the Commissioners i.1-1 office at any tin -re shah constitute a quorum
for all purposes. In the case a quorum is not present at any meeting, those present shall have
the power to adjourn the meeting, without notice or antherI announcement at the meeting,
until the requisite number of Ci
ommissioners s present, and business which might have been
transacted at the meeting which was adjourned may be transacted at such reconvened
meeting;.
4.2) Y2x - In addition to a quorum being required for each meeting of the Authority in order
to transact business, a majority of all of the Commissioners shall be requited to approve any
matter before the Commissioners.
5-1) fiscalYear-'rbc calendar year shall be the fiscal year of the Authority for general and
administrative purposes; provided, however, that other fiscal years may, be established 13-V
resolution as requited or desirable for specific purposes or undertakings of the: ALIthority",
5-2) RqdW -11-ie following budgetary proceedings shall apply to the transaction of business by
the Authority:
(01) A budget shall be prepared by the Executive Director, This budget shall be
presented to the Comn-lissioners of the Auth,()rt3T I for consideration in .August of each year.
(02) The budget shall include estimated revenues and the source of revenues, the, costs of
the projects for the ensuing year, and the estimated costs for staff personnel, as well as tliex
general adinnustrative and overhead costs estirnated, 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 Chair of the Authority shall submit the budget to the City Council not
later than the tenth day of September of each year,
9-�
6. 1) contracts and Procurement
(M) Approval of -�-) — ontracts of thAu
thority uthown'
rity shall be in tu.ig
.act 1) zNtt( mg C and, except when deemed unnecessary by the Authority oE
r the xecutive Director, shalbe l,
approved as to forts by the attorney for the Authority,.'
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5160130 JSB ELI 85-13
(02) .1--_Cion of L—)n acts - Unless otherwise directed by the Autlionty, reqwired by law
or required by State or Fedetal agencies furnishing funds to the Authority, all purchasing
contracts of the Authority shall be executed on behalf of the Authority as provided by the
Purchasing Policy set forth in the Financial Management Policies of the City of Elk River, as
amended from time to time:. Non -purchasing contracts and other instrurnents, of the
Authority shall be executed by the Chair, or, other officer if the Chair is unavailable, and the
executive director, or the executive director's delegate.
6-2) L)isbqrsernents
(M) E—edera]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
reqlurenrents from time to time made by the Federal agencies furnishing said funds to the
Authority.
(02) Official Depository - All moni'es received by the Authority from any source
whatsoever shall be depositedin approved bank accounts of the Authority and shall be
disbursed only by check, except that petty cash funds not exceeding One Hundred Dollars
(100) at: any time may be maintained by the AuthoritV.
((13) Checks - All checks drawn on ha
nk , k accounts of the Authority shall indicate the fund
and, in the case of a project, the project to be charged, All checks shall be signed by the two
designated Commissioners of the Authority, or one officer of the Authority and the
Executive Director, I
6.3) Qioiri � �Duties. The Authority shall evaluate and consider staff assigninents, the status of
existing Authority projects, Any modifications otarriendments to the "Municipal Housing
and Redevelopment Act" and suggested amendinents and changes to the Authority's bylaws
from time to time as needed,
6-4) The official, newspaper of the Authority shall be the official newspaper
of the (".try of Elk River, unless otherwise determined by resolution of the AuthoritY.
6-5) Official Dep�Ls—itory. The official depository of the Authority shall be the official depository
of the City of Elk luver, unless otherwise determined by resolution of the Authority.
7.1) Advisory Conimi"ees
(01) "Clue Authority shall maintain, at their discretion, volunteer advisory committees
which will act in an advisory capacity, to the Authority, I
(02) The advisory committees will include without limitation:
(a) A joint l"-1DA/J-JR.A Finance Committee which shall consist of (i) two HRA
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516013v5 JS13 1LI 85-13
Commissioners appointed by the RRA, (ii) two ELM Commissioners appointed by
the I'DA, and (*) five members of the Elk. lbver community consisting of two
members of the banking profession, one member of the legal profession, one
member of the real estate profession and one member of the community at large
each of whom shall be approved, as needed, by the then -existing members of the
Finance Committee to fill any open seat consistent with. foregoing commun-litY
categories;
(03) All members of the adjTjSOnI committees will be approved by the Authority,
(o4) 'rhe responsibility of the advisory committees shall be to advise and assist the
Authority and to workwith the executive director of the Authority and the economic
development coordinator of the city on assignments if needed.
These Bylaws may be amended at any regular rneetixig of the Authority� provided that notice of such
proposed amendment shall be given to each C"ommissioner by hand, r , egisteTed, or certified mail a
rnimmurn of ten (10) days prior to such meeting, Amendment of'the Bylaws shall be in accordance
With PrOCCdUral and voting requirements established by these: Bylaws or by resolution of the
Authority'.
5160130 JSB EL185-13
Adopted this day of 'x 1 201
J/
- — -------- - - -
Commissioner
Cornmissioner
Cor"'"t"niss.toner
Issioioner AtAtt
ss,nev
Iyvendmenls to Oitginal 19SO'Bylau)s (c Ilached):
* Bylaws adopted April 28, 1986
* Niay 11, 19,94 -- Delete Section 3.4 and Section 3,5 cif Article 3; rewritten
* BN71aws adopted November 25, 19,96
January 5, 2004 — Delete Section 2.1 and 2.5 of Article 2; rewritten
jarmaq 3, 2005 --- Amend Section 2.1 and Section 2.5, regarding meeting dates falling on
holidays
january 2, 2007 — Am. end Section 2.1 and Section 2.5 of Article 2, change rneenng times to
5:30pin
ALIgUSt 5, 2013 Delete Section 6.1; Section 6.1 and 62 rewritten, regarding contracts
February 2, 2015 --- Amend Sections, 2.1, 2.5, 2,6, and Article 7 regarding annual meeting,
public hearing, and amendment processing.
May 2, 2016 --- Am. end Article 3, Section (3.4) position description.
* ,June 5, 2017 —Amend Article 7, Section (7.1) Advisory Committees - A joint EDA,/HRA
F,inance Committee
* April 2, 2018 — Add Sections 13, 2.7, 3,6, 53, 6.4 and 6.5; re'�7-jse Articles 2.4and 2.5; various
minor revisions
5J6M3v5JSBEUR5 3