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HomeMy WebLinkAbout2008 01-14 EDAPEDA MEETING City of Brooklyn Center January 14, 2008 1. Call to Order —The EDA requests that attendees turn off cell phones and pagers during the meeting. A copy of the full City Council packet, including EDA (Economic Development Authority), is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. 2. Roll Call 3. Approval of Agenda and Consent Agenda —The following items are considered to be routine by the Economic Development Authority (EDA) and will be enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests, in which event the item will be removed from the consent agenda and considered at the end of Commission Consideration Items. a. Approval of Minutes 1. December 10, 2007 Regular Session 2. December 10, 2007 Executive Session 3. December 27, 2007 Special Session 4. Commission Consideration Items a. Resolution Electing Officers for the Economic Development Authority in and for the City of Brooklyn Center •Requested Commission Action: Motion to adopt resolution. 5. Adjournment AGENDA EDA Agenda Item No. 3a 1. CALL TO ORDER The Brooklyn Center Economic Development Authority (EDA) met in Regular Session called to order by President Tim Willson at 7:45 p.m. 2. ROLL CALL MINUTES OF THE PROCEEDINGS OF THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION DECEMBER 10, 2007 CITY HALL COUNCIL CHAMBERS President Tim Willson and Commissioners Kay Lasman, Mary O'Connor, Dan Ryan, and Mark Yelich. Also present were Executive Director /City Manager Curt Boganey, Director of Fiscal Support Services Dan Jordet, Public Works Director /City Engineer Todd Blomstrom, Community Development Director Gary Eitel, Assistant to the City Manager Vickie Schleuning, City Attorney Charlie LeFevere, and Deputy City Clerk Camille Worley. 3. APPROVAL OF AGENDA AND CONSENT AGENDA Commissioner Lasman moved and Commissioner Ryan seconded approval of the Agenda and Consent Agenda, and the following item was approved: 3a. APPROVAL OF MINUTES 1. October 8, 2007 Regular Session Motion passed unanimously. 4. COMMISSION CONSIDERATION ITEMS 4a. EDA RESOLUTION NO. 2007 -21 APPROVING THE FINAL BUDGET FOR THE CITY OF BROOKLYN CENTER ECONOMIC DEVELOPMENT AUTHORITY Executive Director /City Manager Curt Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. Commissioner Ryan moved and Commissioner Yelich seconded adoption of EDA RESOLUTION NO. 2007 -21 Approving the Final Budget for the City of Brooklyn Center Economic Development Authority. Commissioner O'Connor voted against the same. Motion passed. 12/10/07 -1- DRAFT 4b. EDA RESOLUTION NO. 2007 -22 AUTHORIZING THE PURCHASE OF PROPERTY LOCATED AT 2500 COUNTY ROAD 10 Mr. Boganey suggested that this item be postponed until all other matters before the City Council have been considered. ADJOURN TO EXECUTIVE SESSION FOLLOWING ALL OTHER MEETINGS Commissioner Lasman moved and Commissioner Yelich seconded adjournment to an Executive Session of the Economic Development Authority meeting following all other meetings at 7:49 p.m. Motion passed unanimously. RECONVENE ECONOMIC DEVELOPMENT AUTHORITY MEETING Commissioner Lasman moved and Commissioner Ryan seconded to reconvene the Economic Development Authority meeting at 11:16 p.m. Motion passed unanimously. Commissioner Lasman moved and Commissioner Ryan seconded to approve EDA RESOLUTION NO. 2007- 22 Authorizing the Purchase of Property Located at 2500 County Road 10. Commissioner O'Connor voted against the same. Motion passed. 5. ADJOURNMENT Commissioner Lasman moved and Commissioner O'Connor seconded adjournment of the Economic Development Authority meeting at 11:19 p.m. Motion passed unanimously. 12/10/07 -2- DRAFT 12/10/07 MINUTES OF THE PROCEEDINGS OF THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA 1._ CALL TO ORDER 2. ROLL CALL Motion passed unanimously. EXECUTIVE SESSION DECEMBER 10, 2007 CITY HALL SHINGLE CREEK CONFERENCE ROOM The Brooklyn Center Economic Development Authority (EDA) met in Executive Session called to order by President Tim Willson at 10:30 p.m. President Tim Willson and Commissioners Kay Lasman, Mary O'Connor, Dan Ryan, and Mark Yelich. Also present were Executive Director /City Manager Curt Boganey, Assistant to the City Manager Vickie Schleuning, City Attorney Charlie LeFevere, and Deputy City Clerk Camille Worley. EDA RESOLUTION NO. 2007-22 AUTHORIZING THE PURCHASE OF PROPERTY LOCATED AT 2500 COUNTY ROAD 10 410 The EDA discussed EDA Resolution Authorizing the Purchase of Property Located at 2500 County Road 10. ADJOURNMENT Commissioner Lasman moved and Commissioner O'Connor seconded adjournment of the Economic Development Authority Executive Session at 11:16 p.m. -1- DRAFT t 12/27/07 MINUTES OF THE PROCEEDINGS OF THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA 1. CALL TO ORDER 2. ROLL CALL SPECIAL SESSION DECEMBER 27, 2007 CITY HALL COUNCIL CHAMBERS The Brooklyn Center Economic Development Authority (EDA) met in Special Session called to order by President Tim Willson at 6:00 p.m. President Tim Willson and Commissioners Kay Lasman, Mary O'Connor, Dan Ryan, and Mark Yelich. Also present were Executive Director /City Manager Curt Boganey, Community Development Specialist Tom Bublitz, Community Development Director Gary Eitel, and Deputy City Clerk Camille Worley. 3. COMMISSION CONSIDERATION ITEM 3a. EDA RESOLUTION NO. 2007 -23 APPROVING A THIRD AMENDMENT TO A 0 DEVELOPMENT AGREEMENT AND CERTAIN LENDER CONSENTS /SUBORDINATIONS AND AUTHORIZING THE EDA EXECUTIVE DIRECTOR TO EXECUTE CERTAIN DOCUMENTS Executive Director /City Manager Curt Boganey introduced the item and stated the purpose for the proposed resolution. Community Development Specialist Tom Bublitz discussed the background and details of the project. He stated the purpose of the amendment is to move towards the closing on the purchase of the property. There was discussion on the mechanics of the tax abatement issue. Commissioner O'Connor referenced the portion of the agreement that requires the hotel to have 30 employees at a minimum of $7.00 per hour and stated the employees should be paid more than the agreement indicates. There was discussion on Commissioner O'Connor's concern, and it was the majority consensus of the City Council to sustain the language presented in the agreement. -1- DRAFT Commissioner Ryan moved and Commissioner Lasman seconded to approve EDA RESOLUTION NO. 2007 -23 Approving a Third Amendment to a Development Agreement and Certain Lender Consents /Subordinations and Authorizing the EDA Executive Director to Execute Certain Documents. Commissioner O'Connor voted against the same. Motion passed. 4. ADJOURNMENT Commissioner Lasman moved and Commissioner Ryan seconded adjournment of the Economic Development Authority Executive Session at 6:54 p.m. Motion passed unanimously. 12/27/07 -2- DRAFT EDA Agenda Item No. 4a COUNCIL ITEM MEMORANDUM TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk DATE: January 9, 2008 SUBJECT: EDA Resolution Electing Officers for the Economic Development Authority in and for the City of Brooklyn Center Recommendation: Background: I recommend that the Economic Development Authority consider adoption of EDA Resolution Electing Officers for the Economic Development Authority in and for the City of Brooklyn Center. Minn. Stat. 469.096 provides that an Economic Development Authority shall elect a president, treasurer, and secretary on an annual basis. EDA Resolution No. 87 -06 also states in Article II, Section 7, that the president, vice president, secretary, treasurer, and assistant treasurer shall be elected at the annual meeting of the Authority and shall hold office for one year or until successors are elected and qualified. The attached EDA resolution elects such positions for the Economic Development Authority. Budget Issues: There are no budget issues to consider. Attachments Commissioner introduced the following resolution and moved its adoption: January 14, 2008 EDA RESOLUTION NO. RESOLUTION ELECTING OFFICERS FOR THE ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF BROOKLYN CENTER WHEREAS, Minnesota Statutes Section 469.096 provides that an economic development authority shall elect a president, treasurer, and secretary on an annual basis. NOW, THEREFORE, BE IT RESOLVED by the Economic Development Authority in and for the City Council of the City of Brooklyn Center, Minnesota, that the Authority hereby elects the following officers to serve through December 31, 2008, or such later date as their successors are elected and qualified: President /Treasurer Tim Willson Vice President Kay Lasman Assistant Treasurer Daniel Jordet Secretary Gary Eitel Date President The motion for the adoption of the foregoing resolution was duly seconded by commissioner and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. 469.096, Minnesota Statutes 2007 X ota e ..visor Legislature Home 1 Links to the World 1 Help 1 Advanced Search House 1 Senate 1 Joint Departments and Commissions 1 Bill Search and Status 1 Statutes, Laws, and Rules Minnesota Statutes Table of Chapters Chapter 469 Table of Contents 469.096, Minnesota Statutes 2007 Copyright 2007 by the Office of Revisor of Statutes, State of Minnesota. 469.096 OFFICERS; DUTIES; ORGANIZATIONAL MATTERS. Subdivision 1. Bylaws, rules, seal. An authority may adopt bylaws and rules of procedure and shall adopt an official seal. Subd. 2. Officers. An authority shall elect a president, a vice president, a treasurer, a secretary, and an assistant treasurer. The authority shall elect the president, treasurer, and secretary annually. A commissioner must not serve as president and vice president at the same time. The other offices may be held by the same commissioner. The offices of secretary and assistant treasurer need not be held by a commissioner. Subd. 3. Duties and powers. The officers have the usual duties and powers of their offices. They may be given other duties and powers by the authority. Subd. 4. Treasurer's duties. The treasurer: (1) shall receive and is responsible for authority money; (2) is responsible for the acts of the assistant treasurer; (3) shall disburse authority money by check only; (4) shall keep an account of the source of all receipts, and the nature, purpose, and authority of all disbursements; and (5) shall file the authority's detailed financial statement with its secretary at least once a year at times set by the authority. Subd. 5. Assistant treasurer. The assistant treasurer has the powers and duties of the treasurer if the treasurer is absent or disabled. Subd. 6. Treasurer's bond. The treasurer shall give bond to the state conditioned for the faithful discharge of official duties. The bond must be approved as to form and surety by the authority and filed with the secretary. The bond must be for twice the amount of money likely to be on hand at any one time, as determined at Least annually by the authority provided that the bond must not exceed $300,000. Subd. 7. Public money. Authority money is public money. Subd. 8. Checks. An authority check must be signed by the treasurer and one other officer named by the authority in a resolution. The check must state the name of the payee and the nature of the claim that the check is issued for. Subd. 9. Financial statement. The authority's detailed financial statement must show all receipts and disbursements, their nature, the money on hand, the purposes to which the money on hand is to be applied, the authority's credits and assets, and its outstanding liabilities in a form required for the city's financial statements. The authority shall examine the statement together with the treasurer's vouchers. If the authority finds that the statement and vouchers are correct, it shall approve them by resolution and enter the resolution in its records. History: 1987 c 291 s 97 Please direct all comments concerning issues or legislation to your House Member or State Senator. For Legislative Staff or for directions to the Capitol, visit the Contact Us page. General questions or comments. Page 1 of 1 http: /ros.leg.mn/ bin/ getpub .php ?pubtype= STAT_CHAP_SEC &year current &section =4... 01/08/2008 Member Gene Lhotka resolution and moved its adoption: Section 1. are the President, Assistant Treasurer. EDA RESOLUTION NO. 87 -06 RESOLUTION ADOPTING BYLAWS OF THE BROOKLYN CENTER ECONOMIC DEVELOPMENT AUTHORITY WHEREAS, the Economic Development Authority of Brooklyn Center, Minnesota is organized and operates pursuant to Minn. Stat., Chapter 458C. NOW, THEREFORE, BE IT RESOLVED that the Economic Development Authority of Brooklyn Center, Minnesota, hereby adopts and approves the following bylaws: ARTICLE I THE AUTHORITY ARTICLE II OFFICERS introduced the following Section 1. Name of Authority. The name of the Authority is the "Economic Development Authority of Brooklyn Center, Minnesota." Section 2. Seal of Authority. The seal of the Authority shall be in the form of a circle and shall bear the name of the Authority. Section 3. Office of Authority. The offices of the Authority are at City Hall in the City of Brooklyn Center, State of Minnesota, or at such other place as the Authority may designate by resolution. Officers. The officers of the Authority Vice President, Secretary, Treasurer, and Section 2. President. At the annual meeting, the President shall submit to the Authority a report summarizing the activities and programs of the Authority for the past year and containing the President's recommendation for Authority activities for the ensuing year. Section 3. Vice President. The Vice President shall perform the duties of the President in the absence or incapacity of the President; and in case of the resignation or death of the President, the Vice President shall perform such duties as are imposed on the President until such time as the Authority shall select a new President. Section 4. Secretary and Treasurer. The Secretary and Treasurer shall perform the duties of a Secretary and Treasurer, respectively, for the Authority. The Treasurer shall sign all orders and checks for the payment of money and shall pay out and EDA RESOLUTION NO. 87 -06 disburse such monies under the direction of the Authority. Except as otherwise authorized by resolution of the Authority, all such orders and checks shall also be counter signed by the President. The Treasurer shall be responsible for the care and custody of all funds of the Authority, and he shall be responsible for the keeping of accounts showing receipts and expenditures of the Authority. The Treasurer shall render to the Authority an account of financial condition of the Authority as may be requested by the Authority. Once each year on or before the last day of June, the Treasurer shall submit an audited detailed financial statement to the Authority covering the entire financial operations of the Authority for the preceding fiscal year hereby defined as the calendar year. The Secretary shall keep in safe custody the seal of the Authority and shall have the power to affix such seal to all contracts and instruments authorized to be executed by the Authority. Section 5. Executive Director. The Brooklyn Center city manager shall serve as Executive Director of the Authority and shall have general supervision over the administration and management of its business and affairs subject to the direction of the Authority. The Executive Director shall keep a record of the proceedings of the Authority. The Executive Director shall cosign all contracts, deeds, and similar instruments to which the Authority is a party. Section 6. Additional Duties. The officers of the Authority shall perform such other duties and functions as may from time to time be required by the Authority or the bylaws or rules and regulations of the Authority. Section 7. Election or Appointment. The President, Vice President, Secretary, Treasurer, and Assistant Treasurer shall be elected at the annual meeting of the Authority and shall hold office for one year or until successors are elected and qualified. Section 8. Vacancies. Should the office of the President, Vice President, Secretary, Treasurer, or Assistant Treasurer become vacant, pursuant to Minn. Stat. Section 351.02 or by other provisions of law, the Authority shall elect a successor from its membership at the next regular meeting, and such election shall be for the unexpired term of the office. Section 9. Additional Personnel. The Authority may from time to time employ or contract for such personnel as it deems necessary to exercise its powers, duties, and functions as prescribed by Minn. Stat., Chapter 458C, applicable thereto. Such personnel may be employees of the Authority, employees of other governmental organizations, or independent contractors. The selection and compensation of such personnel shall be determined by the Authority subject to the laws of the State of Minnesota. EDA RESOLUTION NO. 87 06 ARTICLE III MEETINGS Section 1. Annual Meeting. The annual meeting of the Authority shall be held on the first business day of January. Section 2. Meeting Schedule. The meeting schedule of the Authority shall be developed by the Executive Director. Section 3. Special Meetings. Special meetings of the Authority may be called by the President, or two members of the Authority for the purpose of transacting any business designated in the call. The call for a special meeting may be delivered at any time prior to the time of the proposed meeting to each member of the Authority or may be mailed to the business or home address of each member of the Authority at least two days prior to the date of such special meeting. At such special meeting no business shall be considered other than as designated in the call, but if all of the members of the Authority are present at a special meeting, any and all business may be transacted at such special meeting by unanimous vote. Section 4. Ouorum. Three members of the Authority shall constitute a quorum to do business, but a smaller number may adjourn from time to time. When a quorum is in attendance, action may be taken by the Authority upon a vote of a majority of the members present. Section 5. Manner of Voting. The voting on all questions coming before the Authority shall be by roll call and the yeas and nays shall be entered upon the minutes of such meetings. ARTICLE IV AMENDMENTS Section 1. Amendments to Bylaws. The bylaws of the Authority may be amended only with the approval of at least three members of the Authority. November 9, 1987 Date Chairm.an,:, The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted.