HomeMy WebLinkAboutpf_03385
REQUEST FOR HRA ACTION
Date: 04-15-03
Item No: 7.b.
Agenda Section:
Action Items
Approval of Roseville Local Development Corporation and Election of
Officers for 2003
Staff Approval:
CB
Item Description:
1.0
2.0
2.1
2.2
2.3
2.4
REQUESTED ACTION
Accept the assets and liabilities of the Roseville Local Development Corporation and~~c~l~
Officers for 2003. ~,
l,..C<., ..'\]
BACKGROUND
The City's Local Development Corporation was fonned in 1988 with the purpose of
securing Federal Housing and Urban Development (HUD) funds to establish a low
interest loan program specifically for the senior housing project on County Road B called
Villa Park. The purpose of the loans was to provide seniors with an alternative for
financing the purchase of condominiums at Villa Park, therefore making many of the
units affordable. For the City to secure the HUD funds for this purpose, HUD required
the establishment of a Local Development Corporation (LDC). This enabled the City to
collect the program income once the loans were paid back. The program income must be
used under the HUD guidelines for low-moderate income residents.
There' are currently four loam; outstanding with residents in the Villa Park complex. The
LDC is collecting the intel'e?t only on these loans. They are due and payable in full upon
;,;... .i' ~
sale of the Villa Park unit. .
At the 2002 annual meeting of the LDC the City Council, acting as the Board of
Directors, requested that staff research the continued need for the LDC. In discussion
with Ramsey County, it was recommended that the LDC remain in force until all of the
loans are repaid. Once the loans are fully paid, the LDC could be abolished. Ramsey
County also suggested that the use of the program income currently collected could be
used by the newly established HRA. in Roseville for eligible projects that serve low-to-
moderate income residents. The HRA primarily has the same authOIjty as the. LDC for.
use of the federal funds. ~., J.I.-JA t.M.t (X..~. ~~~ ~ (j
i'~J.[- ~ ~ '#o)~ (1,U. f/JkJ-'1YkJ0I.
In January 2003, the City Council,'as the Board of Directors of the LCD, transferred the W'l~
responsibility of the LDC to the HRA. This includes the management of assets and
liability as well as serving as the Board of Directors.
LDC RHRA Action (041503) - Page 1 of2
PUBLIC NOTICE
Public Meeting
Notice is hereby given that the Housing and Redevelopment Authority, acting in its role as the
Local Development Corporation, of the City of Roseville will hold its regular annual meeting at
Roseville City Hall, 2660 Civic Center Drive, on Tuesday, April 15, 2003 at 8:00 p.m., for the
purpose of electing new officers. Members of the City Council may be in attendance.
AI{! {jat;
Neal Beets, City Manager
Posted: April 9, 2002
J
BY-LAWS OF THE HOUSING AND
REDEVELOPMENT AUTHORITY
IN AND FOR THE
CITY OF ROSEVILLE, MINNESOTA
1. THE AUTHORITY
SECTION 1.1. Name of the Authority. The name of the Authority shall be the Housing
and Redevelopment Authority in and for the City of Roseville, Minnesota (hereinafter, the
"Authority"), and its governing body shall be called the Board of Commissioners (hereinafter, the
"Board").
SECTION 1.2. Office.
City Hall.
The principal office of the Authority shall be the Roseville
SECTION 1.3. Seal.
The Authority shall have no official seal.
2. ORGANIZATION
SECTION 2.1. Officers. The officers of the Authority shall consist of a Chairman, a Vice
Chairman, a Secretary, and an Executive Director. The Chairman, the Vice Chairman, and the
Secretary shall be members of the Board and shall be elected at the annual meeting of the Authority,
and no Commissioner shall hold more than one such office at the same time.
SECTION 2.2. Chairman. The Chairman shall preside at all meetings of the Board.
SECTION 2.3. Vice Chairman. The Vice Chairman shall preside at any meeting of the
Board in the absence of the Chairman and may exercise all powers and perform all responsibilities
of the Chairman if the Chairman cannot exercise or perform the same due to absence or other
inability.
SECTION 2.4. Chairman Pro Tern. In the absence or inability of the Chairman and the
Vice Chairman at any meeting, the Board may appoint any remaining Commissioner as Chairman
Pro Tern to preside at such meeting.
SECTION 2.5. Secretary. In the absence of the Clerk, the Secretary shall keep minutes of
all meetings of the Board and shall maintain all records of the Authority. The Secretary shall also
have such additional duties and responsibilities as the Board may from time to time and by
resolution prescribe.
SECTION 2.6. Executive Director. The Executive Director shall be appointed by
resolution and shall serve at the pleasure of the Board Of Commissioners, shall be the chief
appointed executive officer of the Authority, and shall have such additional responsibilities and
authority as the Board may from time to time by resolution prescribe. In addition, the Executive
Director is responsible for recording and maintaining accurate records of the meetings of the Board
and of all official actions taken by or on behalf of the Authority.
3. PROCEDURES OF BOARD OF COMMISSIONERS
SECTION 3.1. Annual Meeting. The annual meeting of the Board shall be held on the 3rd
Tuesday of the month of January in each year.
SECTION 3.2. Regular Meetings. The Board shall hold regular meetings on the 3rd
Tuesday of each month, commencing at 7:00 o'clock p.m., C.T., or at such other time as the Board
may determine.
SECTION 3.3. Special Meetings. Special meetings of the Board may be called by the
Chairman or, in the event of the Chairman's absence or inability, by the Vice Chairman at any time,
upon twenty-four hours prior notice to all Commissioners and the Clerk and Executive Director.
Upon the same notice, special meetings of the Board may also be called by any two Commissioners.
The Clerk shall post notice of any special meeting in the principal office of the Authority no less
than twenty-four hours prior to such special meeting.
SECTION 3.4. Quorum. A quorum of the Board shall consist of four if the Board
consists of seven Commissioners and three if the Board consists of five Commissioners. In the
absence of a quorum, no official action may be taken by, on behalf of, or in the name of the Board
or the Authority.
SECTION 3.5. Adoption of Resolutions. Resolutions of the Board shall be deemed
adopted if approved by not less than a simple majority of all Commissioners present. Resolutions
may but need not be read aloud prior to vote taken thereon and may but need not be executed after
passage.
SECTION 3.6. Rules of Order. The presider shall conduct the meetings of the Board in
such a fashion as to efficiently transact public business in compliance with law and fairness. In this
regard, Robert's Rules of Order may be used as a parliamentary guide, but the sense of the Board
operating in compliance with law and fairness rather than Roberts' Rules of Order shall prevail in
resolving all procedural issues. Board members may appeal procedural decisions of the presider by
a motion that is made and seconded at the time of the presider's action or inaction. Such appeal
motion shall have priority over all other motions. A majority of the quorum in attendance voting in
favor of the appeal motion is sufficient to reverse the presider's ruling.
4. MISCELLANEOUS
SECTION 4.1.
Fiscal Year. The fiscal year of the Authority shall be the calendar year.
SECTION 4.2. Execution of Contracts. All contracts, notes, and other written agreements
or instruments to which the Authority is a party or signatory or by which the Authority may be
bound shall be executed by the Chairman and/or the Executive Director or by such other
Commissioners or officers of the Authority as the Board may by resolution prescribe.
SECTION 4.3. Amendment of By-Laws. These By-Laws may be amended by the Board
only by not less than a majority vote of all the Commissioners, provided that any such proposed
amendment shall first have been delivered to each Commissioner at least five days prior to the
meeting at which such amendment is considered.
Roseville Local Development Corporation
Annual Meeting Agenda
January 28, 2002
6:00 p.m.
I. Call Meeting to Order
II. Approval of Minutes of January 22, 2001
III. Election of Officers for 2002
IV. Other Business
V. Adjourn ;1
~: pm~ ~C/J2.1~
eledun.: 111~ -- PMo. ~ b:J ~~
~'A.'JJ-. __ ~ ~ .~ ~~
p~_~~~Yr~'
~~-~
Q'IL""D""O""""'CO"'ILDCAP ~ 4 S~
~~~Jvw~~f~~
cl JlJ.fL' ktwA VJ~
~~~. "j
.~ )UpdJilJ +- - r. ~ ·
Mj. 1\,
Roseville Local Development Corporation Minutes
The meeting of the Roseville Local Development Corporation (LDC) was Roll Call
called to order by President Dean Maschka, at 6: 15 p.m. at Roseville City
Hall on Monday, January 22, 2001.
The following members were present: Goedeke, Mastel, and Maschka
Members Absent: Kysylyczyn.
Goedeke moved, Mastel seconded that the Local Development Corporation Minutes
minutes of January 22, 2000, be approved. Roll Call, Ayes: Goedeke,
Mastel and Maschka Nays: None.
Goedeke moved, Mastel seconded, that the following officers be elected:
Election of
Officers
President
Secretary
Treasurer
Secretary I s Designee
John Goedeke
Barbara Mastel
John Kysylyczyn
Dean Maschka
Roll Call, Ayes: Goedeke, Mastel, and Maschka and Wall. Nays: None.
Mastel moved, Goedeke seconded, that the meeting be adjourned at 6:25 Adjournment
p.m.
Roseville Local Development Corporation Minutes
The meeting of the Roseville Development Corporation (LDC) was
called to order by John Kylysyczn at 6:00 p.m. at the Roseville City
Hall on January 28,2002
ROLL CALL
Maschke moved that the Local Development Corporation minutes of
January 22,2001, be approved. Roll Call Ayes: Maschke,
Kysylyczn, Schroeder, Kough, Klausing. Nays: None.
MINUTES
The following officers were elected:
ELECTION OF
OFFICERS
President
Secretary
Treasurer
Secretary's Designee
Member
John Kylysyczn - nominated by Kough
Dean Maschka - nominated by Kough
Tom Kough - nominated by Klausing
Craig Klausing - nominated by Schroeder
Greg Schroeder - nominated by Klausing
Roll Call, Ayes: Kylysyczn, Maschka, Kough, Klausing, Schroeder.
Nays: None.
Kylysyczn moved, Klausing seconded, Roseville staff review of the
continued validity of a LDC and report back at the next annual
meeting so a determination can be made to continue or abolish.
OTHER
BUSINESS
Kough moved that the meeting be adjourned at 6:25 p.m.
ADJOURNMENT
\\Planning Files\3350-3399\3385_Local Dev. Corp\Roseville Local Development Corporation Minutes 2002.doc
Rf)SBVIbbE
Memorandum
To:
Roseville Local Development Corporation,
Neal Beets, City Manager
From:
Cathy Bennett, Economic Development Specialist
Dennis Welsch, Community Development Director
Date:
January 27,2003
Description:
Annual Meeting of the Local Development Corporation
January 27, 2003
1.0 BACKGROUND
1.1 The City's Local Development Corporation was formed in 1988 with the purpose of
securing Federal Housing and Urban Development (HUD) funds to establish a low
interest loan program specifically for Villa Park. The purpose of the loans was to provide
seniors with an alternative for financing the purchase of condominiums at Villa Park,
therefore making many of the units affordable. For the City to secure the HUD funds for
this purpose, HUD required the establishment of a Local Development Corporation
(LDC). This enabled the City to collect the program income once the loans were paid
back. The program income must be used under the HUD guidelines for low-moderate
income residents.
1.2 There are currently three loans outstanding with residents in the Villa Park complex. The
LDC is collecting the interest only on these loans. They are due and payable in full upon
sale of the Villa Park unit.
1.3 The Council, as the Board of Directors of the LCD, is required at least to meet annually to
elect new officers. In addition, the LDC may call periodic meetings throughout the year
as needed.
1.4 At the 2002 annual meeting the Council requested that staff research the continued need
for the LDC. In discussion with Ramsey County, it was recommended that the LDC
remain in force until all of the loans are repaid. Once the loans are fully paid, the LDC
could be abolished. Ramsey County also suggested that the use of the program income
currently collected could be used by the newly established HRA in Roseville for eligible
projects that serve low-to-moderate income residents. The HRA primarily has the same
authority as the LDC for use of the federal funds.
LDC Memo to Manager (012703) - Page 1 of 2
2.0 POLICY & FINANCIAL IMPLICATIONS
2.1 As of January 2,2003, the LDC Block Grant (Villa Park) has assets including $288,035
in cash and $90,000 in four notes receivable from Villa Park condo owners. The liabilities
include $228,887 due back to HUD and/or to be used for additional local housing
programs in accordance with HUD guidelines.
2.2 Per the requirements of the LDC Bylaws, on January 6,2003 public notice was posted for
the January 27,2003 annual meeting. The time for the meeting has been set at 5:50 p.m.
3.0 STAFF RECOMMENDATION
3.1 Staff is recommending that the LDC, along with its assets and liability, be transferred to
the Roseville HRA. The use of the program income can be incorporated into the HRA's
Housing Program and budget in 2003. Upon transfer of the LDC, the HRA will hold an
annual public meeting to elect officers and do the business of the LDC.
4.0 LDC SUGGESTED ACTION
4.1 Motion to transfer the Roseville Local Development Corporation, its assets and liabilities,
to the Roseville Housing & Redevelopment Authority effective immediately, subject to
final review and approval of content and format by the City Attorney and City Finance
Officer.
4.2 If no further business is required, motion to close the Roseville Local Development
Corporation's annual meeting.
Attachments:
2003 LDC Agenda
LDC Minutes 2002
\\Victoria\CommDev\Planning Files\3350-3399\3385_Local Dev. Corp\ldc memo annual mtg Ol2703.doc
LDC Memo to Manager (012703) - Page 2 of 2
Bennett, Cathy
From:
Sent:
To:
Subject:
Matson, Roxanne
Wednesday, January 23, 2002 9:22 AM
Bennett, Cathy
Villa Park
;2.00 ~
Here is the Villa Park info.
Elsie Bilotta - $20,000.00 - 8/15/91
Winnifred Brick - $20,000.00 - 3/27/90
_Virgil GresR $20,000.00 4/24/9J..
Michael & June Joyce - $25,000.00 - 5/25/90
Agnes Rucci - $25,000.00 - 2/6/89
RoXCl\l\,\I\,e MCltso\l\,
cLtlj of RosevLLLe
FL\I\,Cl\l\,ce A\I\,ClLljst
(G5i) 430-22i5
~~'.
~. ,-eJ- ~ oP
~eP6~ ~?
~ ~
[o~. ~p.
00
1
CITY OF ROSEVILLE
User: bdavitt
LDC Blk Grant (Villa Park) 720
Assets
Cash
Investment Income Receivable
Notes Receivable
Assets Total:
Liabilities
Due to other Governments
Liabilities Total:
Fund-Balance
Fund Balance
Fund Balance
Fund-Balance Total:
Retained Earnings:
Total Fund Balance and Retained Earnings:
Total Liabilities, Fund-Balance and Retained Earnings:
General Ledger
Balance Sheet
Printed: 01/23/2002 8:26
,2001
130,127.26
10,394.20
110,000.00
250,521.46"
228,887.37
228,887.37"
13)66.43
(488.61)
13,277.82"
8,356.27'*
21,634.09"
250,521.46 ."
Page 1
REQUEST FOR CITY COUNCIL ACTION
Date: 01.06.03
Item No:
Department Approval:
QQb---- -
Item Description:
Agenda Section:
CONSENT
Set AImual Meeting of the Roseville Local Development Corporation
Manager Approved:
1.0 REQUESTED ACTION
1.1 By motion, set a meeting date for the Roseville Local Development Corporation (LDC).
2.0 BACKGROUND
2.1 The City's Local Development Corporation was fom1ed in 1988 to access funds from the
U.S. Housing and Urban Development (HUD) in conjunction with the low interest loan
program at Villa Park
2.2 The Council meets mmually, prior to a regular meeting, as the LDC to elect new officers
and to discuss other organizational business. In the past, the meeting date has been set by
the Council and public notice has been provided per the City public notice procedures.
3.0 SUGGESTED COUNCIL ACTION
3.1 By motion, approve January 27,2003, at 5 :50 p.m., as a date and time for the meeting of
the Roseville Local Development Corporation.
\\CommDev\Planning Files\3350-3399\3385 _Local Dev. Corp\RCA_ 0 I0603.doc
ReA (010603) - Page 1 of 1
~~
PUBLIC HEARING NOTICE
TO WHOM IT MAY CONCERN:
Notice is hereby given that the City Council, acting in its role as the Local Development
Corporation, of the City of Roseville will hold its regular annual meeting at Roseville City Hall,
2660 Civic Center Drive, on Monday, January 27, 2003 at 5:50 p.m., for the purpose of
discussing its organizational structure and electing new officers.
Neal Beets, City Manager
Rl'sevfbbE
Memorandum
Date: 01/28/02
Local Development
Corporation
To:
Neal Beets, City Manager
Date:
Cathy Bennett, Economic Development Specialist ~
January 23,2002
From:
Description: Annual Meeting of the Local Development Corporation
January 28,2002
1.0 BACKGROUND
1.1 The City's Local Development Corporation was formed in 1988 with the purpose of
securing Federal Housing and Urban Development (RUD) funds to establish a low
interest loan program specifically for Villa Park. The purpose of the loans is to provide
seniors with an alternative for financing the purchase of condominiums at Villa Park,
therefore making many of the units affordable. For the City to secure the RUD funds for
this purpose they were required to establish a Local Development Corporation (LDC).
1.2 The Council, as the Board of Directors of the LCD, is required to annually meet to elect
new officers. In addition, the LDC may call periodic meetings throughout the year as
needed.
1.3 The Board of Directors for 2001 consists of the following officers:
President:
Secretary:
Treasurer:
Secretary Designee:
John Goedeke
Barbara Mastel
John Kysylczyn
Dean Maschka
2.0 POLICY & FINANCIAL IMPLICATIONS
2.1 At this time there are no fiscal implications being considered under the LDC. The annual
meeting is being held for the sole purpose of electing new officers per the LDC Bylaws.
The officers of the corporation shall be a president, a secretary, a treasurer, and, if the
Board of Directors shall so elect, one or more vice presidents or other designees.
2.2 Per the requirements of the LDC Bylaws, public notice was posted regarding the annual
LDC Memo to Manager (012802) - Page 1 of 2
meeting on January 8, 2002 and the annual meeting date was set for January 28, 2002 at
6:00 p.m. by the City Council at the January 7, 2002 Council Meeting.
2.3 Currently there are 5 loans outstanding under the LDC Block Grant Program for Villa
Park. The total amount of loans outstanding is SII 0,000. The loans recipients make
monthly interest payments and the principal of the loan is due upon sale of units or death.
2.4 Recent legislative actions will necessitate a review of the LDC and a City Council
decision whether to continue its existence or to dissolve the LDC. Because the LDC
continues to have outstanding loans and other future Federal grants may require the
existence of an LDC, staff willlikel y recommend the continued existence of the LDC for
the City ofRoseville.
3.0 STAFF RECOMMENDATION
3.1 In accordance with the LDC Bylaws staff is recommending that the annual meeting be
held, minutes from 2001 annual meeting be adopted and new officers be elected for
2002.
4.0 LDC ACTION
4.1 Motion to open the Roseville Local Development Corporation annual meeting
4.2 Motion to elect new officers as follows:
President:
Secretary:
Treasurer:
Board Member:
Board Member:
Secretary Designee:
4.3 If no fmther business is required, motion to close the Roseville Local Development
Corporation's annual meeting.
Attachments:
2002 LDC Agenda
LDC Minutes 2001
LDC Articles ofIncorporation, Bylaws
Q:\Local Development Corp\RCA_012802.doc
LDC Memo to Manager (012802) -Page 2 of2
Roseville Local Development Corporation
Annual Meeting Agenda
January 28, 2002
6:00 p.m.
I. Call Meeting to Order
II. Approval of Minutes of January 22, 2001
III. Election of Officers for 2002
IV. Other Business
V. Adjourn
Q:\Local Development Corp\LDC Agenda 2002.doc
PUBLIC NOTICE
Public Meeting
Notice is hereby given that the City Council, acting in its role as the Local Development
Corporation, of the City of Roseville will hold its regular annual meeting at Roseville City Hall,
2660 Civic Center Drive, on Monday, January 28, 2002 at 6:00 p.m., for the purpose of electing
new officers.
Neal Beets, City Manager
Posted: January 8, 2002
Neal 1. Beets, City Manager
Posted: January 2, 2002
BYLAWS
OF
ROSEVILLE LOCAL DEVELOPMENT CORPORATION
AR1.'ICLE I
OFFICES2__~QgJ~)QR:ATE__~EAL
Section 1.1. Registered Office. The registered office of
the corporation in the State of Minnesota shall be located in the
city, town, or other community specified in the Articles of Incor-
poration or any amendment or restatement thereof or in a certifi-
cate of change of registered office filed wi th the Secretary of
State of Minnesota.
Section 1.2. Other Offices. The corporation may have such
other off ices, wi th:Ci1""- or wi thout the State of Minnesota, as the
Board of Directors may from time to time determine.
Section 1. 3.
corporate seal.
Seal.
The corporation shall not have a
ARTICLE II
MEMBERS
Section 2.1. Qualification~ Number. The articles of
incorporation provide that the directors of the corporation shall
be the only members of the corporation. Accordingly, the
qualifications of members shall be those of directors, and the
number of members shall be I imi ted to the number of persons who
shall, from time to time, compromise the board of directors as
provided in Section 3.2 hereof.
Section 2.2. Property and Voting Rights. No member shall
have any right, title, or interest in or to any of the property or
assets of the corporation and, in accordance wi th the articles of
incorporation, members shall have voting rights only as directors.
Section 2.3. Meetings. Since the directors are the only
members of the corporation and have voting rights only as directors
and not as members, there shall be no meetings of the members as
such.
ARTICLE III
DIRECTORS
Section 3.1. General Powers. The property, affairs and
business of the corporatIon shaLe-be' managed by the Board of Direc-
tors.
Section 3.2 Number i Qualif:icatio_ni '.ferm of Office. The
directors of the corporation shall consist of'ancr"shalI'b-e--limited
to those individuals who from time to time comprise the members of
the City Council of the City of Roseville, Minnesota, elected or
appointed in accordance with the charter of the City of Roseville,
Minnesota. Each director shall hold off i ce so ] ong as he or she
remains a member of the City Counsel of the City of Roseville,
Minnesota, subject, however, to his or her rights to resign as a
director of the corporation in accordance with Section 3.4 hereof.
Section 3.3. Qr.9-~I}!~~.t:!<:>I}. The Board of Directors may elect
from among its own number a chairman and a vice chairman. If so
elected, the cha i rman or, 1n his absence or on his fa i lure or
inabi 1 i ty to act, the vice cha i rman (i f one be elected) shall
preside at all meetings of the Board and of the executive commit-
tee, if one be constituted. Otherwise, the president of the corpo-
ration shall so preside or, in his absence or on his failure or
inability to act, such person as may be chosen by a majority of the
directors present at any such meeting shall preside. The secretary
of the corporation or, in his absence or on his inability or refus-
al to act, any person who the pres iding off icer shall appoint,
shall act as secretary of each meeting of the Board and the execu-
tive committee, if one be constituted. Neither the chairman or the
vice chairman, nor any person appointed to act as secretary of a
particular meeting, shall be considered an officer of the corpora-
tion unless otherwise elected as such in accordance with Article IV
of these Bylaws.
Section 3.4. g~signatio!!. A director may resign at any time
by giving written notice to the president or to the secretary of
the corporation. The resignation of a director shall take effect
at the time specified therein, or, if no time is specified there-
in, upon receipt by the officer of the corporation to whom such
written notice is given; unless otherwise specified therein, the
acceptance of such resignation shall not be necessary to make it
effective.
Section 3.5. ~nnual MeetiD3. An annual meeting of the Board
of Directors shall be held for the purpose of electing the officers
of the corporation and for the transaction of such other business
as shall corne before the meeting. Notice of such meeting shall be
given as provided in Section 3.9 hereof.
Section 3.6. Regular Meetin~. Regular meetings of the
Board of Directors may be held from time to time at such times as
2
the Board may determine by resolution adopted by a majority of the
total number of directors. Notice of regular meetings need not be
given.
Section 3.7. Speci~____l.':'!eeti:!!gs. Special meetings of the
Board of Directors may be called at any time, for any purpose, by
the chairman of the Board, if one be elected, or by the president
of the corporation, and shall be called by the chairman or the
president, as the case may be, at the written request of not less
than three directors. A meeting called at the request of the
directors shall be held not less than three days nor more than ten
days after the chairman or the president receives the directors'
written request that it be held. Should the chairman or the presi-
dent fail, within one day after the date on which the director's
written request is received, to call a special meeting by giving or
causing to be given notice thereof, the directors requesting that
the meeting be held may fix the time and place of the meeting and
give notice thereof in the manner specified in Section 3.8 hereof.
Section 3.8. Notice of Meetings. Notice of every annual and
every special meeting----sFlall b-e-m-ailed to each director, addressed
to him or her at his or her residence or usual place of business,
at least five days before the day on which the meeting is to be
held, or be delivered to him or her personally or by telephone, not
later than one day before the day on which the meeting is to be
held. Each such notice shall state the time and place of the
meeting, but need not state the purposes thereof except as
otherwise expressly required by the laws of the State of Minnesota
or these Bylaws.
Section 3.9.~1.::..~.~~___2.t__~_~~t.tQg~. The Board of Directors may
hold its meetings at such place or places, within or without the
State of Minnesota, as it may from time to time determine.
Section 3.10. ~orum and Mann~r of Acting. Except as other-
wise prov ided by the laws of the State of Minnesota or by these
Bylaws, a majority of the total number of directors shall be re-
quired to consti tute a quorum for the transaction of business at
any meeting of the Board of Directors, and the act of a majority of
the directors present at any meeting at which a quorum is present
shall be the act of the Board. In the absence of a quorum, a
majority of the directors present may adjourn any meeting from time
to time until a quorum be had. Notice of any adjourned meeting
need not be given other than by announcemen tat the meet ing at
which adjournment is taken.
Section 3.11. Proxies. A director shall not appoint a proxy
for himself or rsel~nor shall he or she vote by proxy.
Section 3.12. ~9_!I1ffiitte~s. The Board of Directors may ap-
point an executive committee, which shall be comprised of three or
more directors, and delegate to such commi ttee any of the powers
and authority of the Board, except as otherwise prohibited by these
3
Bylaws, the Articles of Incorporation, or the Laws of the State of
Minnesota. The executive committee shall have power to act only in
the intervals between meetings of the Board and shall at all times
be subject to the control of the Board. The Board of Directors
also may appoint standing and special committees for such purposes
as shall be specif ied by the Board. Except as otherwise provided
by the laws of the State of Minnesota or these Bylaws, the Board of
Directors, or if the Board does not act, the committees, shall
establish rules and regulations governing the manner in which the
committee shall act. Notice of all meetings of any committee shall
be given to all members of that committee. A majority of the
members of any committee shall be required to constitute a quorum
for the transaction of business at any meeting of the committee,
and the act of a majority of the members present at any meeting at
which a quorum is present shall be the act of the commi ttee.
Commi ttees shall keep regular minutes of their proceedings and
report the same to the Board from time to time as the Board may
require. Any committee comprised of persons, one or more of whom
are not directors, shall act solely in an advisory capacity to the
Board.
Section 3.13. E1~g...!:.!:onic__~~etings. A conference among di-
rectors, or among members of any committee designated by the Board
of Directors, by any means of communication through which the
participants may simultaneously hear each other during the confer-
ence consti tutes a meeting of the Board or the commi ttee if the
same notice is given of the conference as would be required for a
meeting and if the number of persons participating in the confer-
ence would be suff icient to consti tute a quorum at a meeting.
Participation in a meeting by that means consti tutes presence in
person at the meeting. A director may participate in any other
meeting of the Board or a committee designated by the Board by any
means of communication through which the director, other persons so
participating, and all persons physically present at the meeting
may simultaneously hear each other during the meeting. Participa-
tion in such a meeting by that means constitutes presence in person
at the meeting.
Section 3.14. Action without a Meeting. Any action that
could be taken at a meeting of the Board of Directors or the execu-
tive committee, if one be constituted, may be taken without a
meeting when authorized in a writing signed by all of the directors
or all of the members of the executive committee, as the case may
be.
ARTICLE IV
OFFICERS
Section 4.1.
be a president, a
Directors shall so
Number. The officers of the corporation shall
secretary, a treasurer, and, if the Board of
elect, one or more v ice presidents and such
4
other officers as may be appointed by the Board. Any two or more
offices, except those of president and vice president, may be held
by the same person.
Section 4.2. Election, 'I'erm of O~fice, and Qualifi~_ations.
The officers shall be elected annually by the Board of Directors,
and, except in the case of off icers appointed in accordance wi th
the provisions of Section 4.10 hereof, each shall hold office until
the next annual election of officers and until a successor is
elected and qualifies, subject to the officer's earlier disquali-
fication, resignation, or removal. The officers need not be direc-
tors of the corporation.
Section 4.3. B.~!!ignation~. Any officer may resign at any
time by giving written notice of this resignation to the Board of
Directors, the president, or the secretary of the corporation. Any
such resignation shall take effect at the time specified therein,
or, if no time is specified therein, upon receipt thereof by the
Board of Directors, president, or secretary of the corporation i
unless otherwise specified therein, the acceptance of such resigna-
tion shall not be necessary to make it effective.
Section 4.4. Removal. Any off icer may be removed, ei ther
wi th or wi thout cause, by a vote of the Board of Directors at a
meeting called for that purpose, which purpose shall be stated in
the notice or waiver of notice of such meeting unless all the
directors of the corporation shall be present thereat.
Section 4.5. Vacancies. A vacancy in any office because of
death, disqualif ication, resignation, removal, or any other cause
shall be filled for the unexpired portion of the term in the manner
prescr ibed in these Bylaws for election or appointment to such
office.
Section 4.6. President. The president shall be the chief
executive officer of the corporation and shall have general and
active management of the business and affairs of the corporation.
If a chairman or vice chairman are not elected by the Board, the
president, when present, shall preside at all meetings of the Board
of Directors and of the executive committee, if one be constituted.
The president shall see that all orders and resolutions of the
Board of Directors are carried into effect. The president may
execute and deliver in the name of the corporation (except in cases
in which such execution and delivery shall be expressly delegated
by the Board or these Bylaws to some other officer or agent of the
corporation or shall be required by law to be othenA/ise executed
and delivered) any deeds, mortgages, bonds, contracts, or other
instruments pertaining to the business of the corporation. The
president shall perform such other duties as may from time to time
be prescribed by the Board of Directors, and, in general, shall
perform all duties usually incident to the office of president.
5
,
"~
4"9,,
ur r
11'['
Section
e
t.r Cl
ti
11
(::or
"
leJ
or
E; C~ :3
r E;
i))i1iti2 .
;) 2;
()"C{ler officcrE:i
the
T/J tl ()
{1aVe
tc~ r
[ S01U 1
"f3o
Section 4"
llill:ld "
L
irect f
~~.~
11 fr
?- "1
L...L
co
, "
C1
11 DE:
11
1I:
Llnt
r t
offi er
/", '";_.
~) 1...
cor
r tion
Gte DC)
c
:Cl,SC;
~<} i (~
ARTICLE V
WAIVER OF NOTICE
-"- -
Section 5.1. Waiver of Notice. Whenever any notice whatso-
ever is required to be given by the Articles of Incorporation,
these Bylaws, or the laws of the State of Minnesota, such notice
may be waived in writing, signed by the person or persons entitled
to such notice, whether before, at, or after the time stated there-
in or before, at, or after any meeting referred to therein.
Section 5.2. Deemed Waiver. Appearance at any meeting by
any person otherwise entitled to notice thereof shall be deemed a
waiver of notice unless such appearance is solely for the purpose
of asserting the illegality of the meeting.
AR'fICLE V
FINANCIAL MATTERS
Section 6.1. Books and Records.
the corporation shall cause to be kept:
The Board of Directors of
(a) records of all proceedings of the Board of
Directors, the executive committee, if one be
consti tuted, and any other commi t tees appointed by the
Board; and
(b) such other records and books of account as
shall be necessary and appropriate to the conduct of the
business of the corporation.
Section 6.2. Documents Kept at Principal Office. The Board
of Directors shall cause to be kep-t---'at the pr incipaT--off ice of the
corporation originals or copies of:
(a) records of all proceed ings of the Board of
Directors, the executive committee, if one be
constituted, and any other committees appointed by the
Board;
(b) all financial statements of the corporation;
and
(c) the Articles of Incorporation and Bylaws of the
corporation and all amendments thereto and restatement~
thereof.
Section 6.3. Account~g System; Audit. The Board of Direc-
tors shall cause to be established and maintained, in accordance
with generally accepted accounting principles applied on a consis-
7
tent basis, an appropriate accounting system for the corporation.
The Board shall cause the records and books of account of the
corporation to be audited at least once in each fiscal year and at
such other times as it may deem necessary or appropriate and may
retain such person or firm for such purposes as it may deem appro-
priate.
Section 6.4. }i'iscal Year. The fiscal year of the corpora-
tion shall be determined-by the Board of Directors.
Section 6.5. Checks, Drafts and Other Matters. All checks,
drafts, or other orders for the payment of bonds, or other
evidences of indebtedness issued in the this corporation shall be
signed by such off icer or off icers, agent or agents, employee or
employees of the corporation and in such manner as may from time to
time be determined by resolution of the Board of Directors.
ARTICLE VII
INDEMNn~ICATION
Section 7.1. In General. Subject to Section 7.2 hereof, the
corporation shall indemnify each person who is or was a director or
officer of the corporation or a member of any committee appointed
by the Board of Directors together with each person who is or was
serving the corporation as an appointed representative to some
other corporation or entity, for actions taken and decisions made
by such persons on behalf of this corporation, to the full extent
required by the laws of the State of Minnesota. The corporation
may provide and maintain insurance on behalf of any person so
indemnified.
Section 7.2. Limitation on Indemnification. Indemnification
pursuant to Section 7.1 hereof shall be for the ---sole and exclusive
benefit of the persons expressly identified therein, and no other
person, corporation or legal entity of whatever nature shall have
any rights thereunder by way of voluntary or involuntary assign-
ment, subrogation, or otherwise.
ARTICLE VIII
AMENDMENTS
Section 8.1. Adoption by Board of Directors.
for amendment of these Bylaws shall be as follows:
The procedure
(a) an amendment may be adopted at any meeting of
the Board of Directors;
(b) notice of the meeting, stating the purpose and
including therewi th a copy of the proposed amendment,
shall be given to each director; and
8
(c) at such meeting or any adjournment thereof, the
proposed amendment may be adopted by the affirmative
vote of two-thirds of the directors present and entitled
to vote.
9
ARTICLES OF INCOHPORATTON
OF
ROSEVILLE LOCAL DEVELOPMENT CORPORATION
The undersigned, a natural person of full age, for the
purpose of forming a corporation under the provisions of the
Minnesota Nonprofit Corporation Act, Minnesota Statutes Chapter
317, and laws amendatory thereof and supplementary thereto, hereby
adopts the following Articles of Incorporation:
AR'l'ICLI'~ I
Name
The name of the corporation is:
ROSEVILLE LOCAL DEVELOPMENT CORPORATION.
ARTICLJ': II
~~rposes
The corporation is organized and shall be operated
exclusively for charitable purposes, as such purposes are legally
defined; excluding, however, any purpose that is not exclusively
charitable within the meaning of sections 170(c) (2), 801(c) (3),
2055(a) (2), and 2522(a) (2) of the Internal Revenue Code of 1986, as
now enacted or hereafter amended (the "Code"). All references in
these Articles of Incorporation to a particular section of the Code
shall mean and include, as now enacted or as hereafter amended,
such section and any provisions of federal or state law as now are
or may hereafter be applicable, cognate to such section.
The corporation at all times shall be operated, supervised,
or controlled by or in connection with, as contemplated by section
509(a) (3) (B) of the Code, the City of Roseville, Minnesota (the
"City"), an organization described in section 509(a) (1) and
170(b) (1) (A) (v) of the Code. Subject to the foregoing and within
the scope and in furtherance of the charitable purposes herein
provided, the corporation is organized and shall be operated
exclusively for the benefit of, to perform the functions of, or to
carry out the purposes of the City, as contemplated by section
509(a) (30(A) of the Code by directly or indirectly advancing,
supporting, promoting, conducting, administering, or engaging in
charitable activities, causes, projects, and programs of every kind
and nature related or contributing to the care of the aged, the
lessening of the burdens of government, the combating of community
deterioration, and the promotion of the social welfare through
accomplishment of the foregoing. Specifically, but without
limitation, the corporation shall facilitate the access of low to
moderate income senior citizens of the City to sound, affordable
alternative housing opportunities for their retirement years, and
as a consequence thereof, enhance the availability within the City
of affordable, single family housing stock for young, moderate
income families.
AR'l'ICLE III
Duration
The existence of the corporation shall be perpetual.
AR'l'ICLE IV
Regi~!:.5:~E~SL_9f:f ice
The address of the registered office of the corporation in
the State of Minnesota is:
2660 Civic Center Drive
Roseville, Minnesota 55113
ARTICLE V
Co?p"ital Stock
The corporation shall not have capital stock.
ARTICLE VI
Board of D~~~ctors; Members
The management and direction of the business and affairs of
the corporation shall be vested in a board of directors. The
directors of the corporation shall consist of and shall be limited
to those individuals who from time to time comprise the members of
the City Council of the City, elected or appointed in accordance
with the charter of the City. A member of the City Council, upon
ceasing to hold office as such, automatically shall cease to be a
director of this corporation. His or her successor on the City
Council, so long as he or she continues as a member of the City
Council, shall become and be a director of this corporation. The
powers, authority, and duties of the directors of the corporation,
the time and place of their meetings, and such other provision with
respect to them as are not inconsistent with the express provisions
of these Articles of Incorporation shall be as specified in the
bylaws of the corporation. The directors of the corporation shall
be the only members of the corporation. Each director of the
corporation automatically shall become and be a member of the
corporation concurrently with his or her becoming a director, shall
continue to be a member of the corporation for as long as he or she
is a director, and automatically shall cease to be a member of the
corporation concurrently with his or her ceasing to be a director
of the corporation. Directors shall have voting rights only as
directors and shall have no voting rights as members.
2
ARTICLE VII
Personal Liabi
The members, directors and officers of the corporation shall
not have personal liability for any debts or obligations of the
corporation.
AR'l'ICLE VIII
R_~_c;:_u~t~~Y_9~_i!:l_!__I_!:l:.~.~~B!~.!:l.:t:
The corporation shall not, incidentally or otherwise, afford
pecuniary gain to its members, as such. No part of the net
earnings of the corporation shall inure, within the meaning of
section 80l(c) (3) of the Code, to the benefit of any member,
director, or officer of the corporation or any other private
individual; provided, however, that nothing herein shall prohibit,
among other things, the payment of reasonable compensation for
services rendered to or for the corporation in the performance of
its charitable purposes.
AR'I'ICLE IX
Political Activi
Not more than an insubstantial part of the activities of the
corporation shall include carrying on propaganda or otherwise
attempting to influence legislation, and the corporation shall not
participate in, or intervene in (including the publishing or
distributing of statements), any political campaign on behalf of,
or in opposition to, any candidate for public office.
ARTICLE X
Receipts of Gifts, Requests, Etc.
In furtherance and not in limitation of the powers conferred
by law, the corporation may take, receive, and hold real and
personal property, including the principal and interest of any
money or other fund, that is given, conveyed, bequeathed, devised
to, or otherwise vested in the corporation in trust for a purpose
consistent with the purpose set forth in these Articles of
Incorporation. Except where a trust instrument prescribes
otherwise, the corporation may invest trust property or its
proceeds in accordance with the laws of the state of Minnesota.
3
AR'.fICLE XI
Dissolutig_g;, Di~!::.~ibution of Assets
Upon dissolution of the corporation, its property and assets
shall be distributed in accordance with the laws of the State of
Minnesota; provided, however, that after the payment of all
liabilities and obligations of the corporation and all costs and
expenses incurred by the corporation in connection with its
dissolution, and subject to any condition or executory or special
limitation requiring, by reason of dissolution of the corporation,
the reversion, return, transfer, or conveyance of any property or
assets held by the corporation, any and all remaining property and
assets of the corporation shall be distributed exclusively for
charitable purposes within the meaning of section 501(c) (3) of the
Code, or to the Federal government or a state or local government
for a public purpose, or to one or more other organizations that
are organized and operated exclusively for charitable purposes
within the meaning of section BOl(c) (B) of the Code, all in such
proportions as shall be determined (i) by the Board of Directors if
dissolution of the corporation is not required by the laws of the
state of Minnesota then in effect to be conducted under court
supervision, or (ii) otherwise by a court of competent jurisdiction
if such dissolution is subject to court supervision. In no event
shall any member, director, or officer of the corporation, in any
of such capacities, be entitled to any distribution of the property
or assets of the corporation upon its dissolution.
ARTICLE XII
First Directors
The number of directors constituting the first Board of
Directors of the corporation is five. The names and addresses of
such directors are:
Name
Address
Frank Rog
15B9 Roselawn Avenue West
Roseville, Minnesota 55113
Joanne Cushman
1166 Sherren Street West
Roseville, Minnesota 55]13
Vern Johnson
1707 Lydia Avenue
Roseville, Minnesota 55113
Al Kehr
9BB West County Road D
St. Paul, Minnesota 55126
Bob Matson
2774 Dellwood Avenue
Roseville, Minnesota 55113
4
The tenure of the first directors shall be until the
annual meeting of the board of directors in the year 1988 and
until their successors are elected and qualify, subject to
their earlier disqualification, resignation, or removal.
ARTICLE XIII
INCORPORATOR
The name and address of the incorporator is:
Briggs and Morgan
2200 First National Bank Building
St. Paul, Minnesota 55101
IN WI'l'NESS WHEREOF, the undersigned hereunt.o has set.
his hand this 8th day of February, 1988.
J:!
STATE OF MINNESOTA)
) SS
COUNTY OF RAMSEY )
The foregoing instrument was acknowledged before me
this 8th day of February, 1988, by
\1fkll!-~_~~
Notary Public
Rl'SBVIbbE
Memorandum
To:
Neal Beets, City Manager
From:
Cathy Bennett, Economic Development Specialist
Date:
January 23,2002
Description: Annual Meeting of the Local Development Corporation
January 28,2002
1.0 BACKGROUND
1.1 The City's Local Development Corporation was formed in 1988~ith the purpose of
securing Federal Housing and Urban Development (HUD) funds to establish a low
interest loan program specifically for Villa Park. The purpose of the loans is to provide
seniors with an alternative for financing the purchase of condominiums at Villa Park,
therefore making many of the units affordable. For the City to secure the HUD funds for
this purpose they were required to establish a Local Development Corporation (LDC).
1.2 The Council, as the Board of Directors of the LCD, is required to annually meet to elect
new officers. In addition, the LDC may call periodic meetings throughout the year as
needed.
1.3 The Board of Directors for 2001 consists of the following officers:
President:
Secretary :
Treasurer:
Secretary Designee:
John Goedeke
Barbara Mastel
John Kysylczyn
Dean Maschka
2.0 POLICY & FINANCIAL IMPLICATIONS
2.1 At this time there are no fiscal implications being considered under the LDC. The annual
meeting is being held for the sole purpose of electing new officers per the LDC Bylaws.
The officers of the corporation shall be a president, a secretary, a treasurer, and, if the
Board of Directors shall so elect, one or more vice presidents or other designees.
2.2 Per the requirements of the LDC Bylaws, public notice was posted regarding the annual
LDC Memo to Manager (012802) -Page 1 of2
meeting on January 8, 2002 and the annual meeting date was set for January 28, 2002 at
6:00 p.m. by the City Council at the January 7,2002 Council Meeting.
2.3 Currently there are 5 loans outstanding under the LDC Block Grant Program for Villa
Park. The total amount of loans outstanding is $110,000. The loans recipients make
monthly interest payments and the principal of the loan is due upon sale of units or death.
2.4 Recent legislative actions will necessitate a review of the LDC and a City Council
decision whether to continue its existence or to dissolve the LDC. Because the LDC
continues to have outstanding loans and other future Federal grants may require the
existence of an LDC, staff will likely recommend the continued existence of the LDC for
the City of Roseville.
3.0 STAFF RECOMMENDATION
3.1 In accordance with the LDC Bylaws staff is recommending that the annual meeting be
held, minutes from 2001 annual meeting be adopted and new officers be elected for
2002.
4.0 LDC ACTION
4.1 Motion to open the Roseville Local Development Corporation annual meeting
4.2 Motion to elect new officers as follows:
President:
Secretary :
Treasurer:
Board Member:
Board Member:
Secretary Designee:
~. k.
-D . 141 .
TK.
C. [(.
~.S.
t. Ie..
4.3 If no further business is required, motion to close the Roseville Local Development
Corporation's annual meeting.
Attachments:
2002 LDC Agenda
LDC Minutes 2001
LDC Articles of Incorporation, Bylaws
Q:\Local Development Corp\RCA _0 12802.doc
LDC Memo to Manager (012802) -Page 2 of2
("tYDW! /oW UV. Conp. ').
Ar-tl d~ s 0 r ( n C-C' ~ f' .
ARTICLE XI
Dissolution; Distribution of Assets
f
,{
Upon dissolution of the corporation, its property and assets
shall be distributed in accordance with the laws of the state of
Minnesota; provided, however, that after the payment of all
liabilities and obligations of the corporation and all costs and.
expenses incurred by the corporation in connection with its
dissolution, and subject to any condition or executory or special
limitation requiring, by reason of dissolution of the corporation,
the reversion, return, transfer, or conveyance of any property or
assets held by the corporation, any and all remaining property and
assets of the corporation shall be distributed exclusively for
charitable purposes within the meaning of section 50l(c)(3) of the
Code, or to the Federal government or a state or local government
for a public purpose, or to one or more other organizations that
are organized and operated exclusively for charitable purposes
within the meaning of section 801(c)(8) of the Code, all in such
proportions as shall be determined (i) by the Board of Directors if
dissolution of the corporation is not required by the laws of the
State of Minnesota then in effect to be conducted under court
supervision, or (ii) otherwise by a court of competent jurisdicti.on
if such dissolution is subject to court supervision. In no event
shall any member, director, or officer of the corporation, in any
of such capacities, be entitled to any distribution of the property
or assets of the corporation upon its dissolution.
ARTICLE XII
First Directors
The number of directors constituting the first Board of .
Directors of the corporation is five. The names and addresses of
such directors are:
Name
Address
Frank Rog
1589 Roselawn Avenue West
Roseville, Minnesota 55113
Joanne Cushman
1166 Sherren street West
Roseville, Minnesota 55113
1707~Lydia Avenue
Rosevi11e, Minnesota 55113
Vern Johnson
Al Kehr
988 West County Road D
st. Paul, Minnesota 55126
REQUEST FOR CITY COUNCIL ACTION
Department Approval:
Date: 01.07.02
Item No: C-2
Agenda Section:
CONSENT
Item Description:
1.0 BACKGROUND
1.1 The City's Local Development Corporation was formed in 1988 to work with HUD
regarding a low interest loan program at Villa Park. The Corporation would be available
for use in other similar situations.
1.2 Annually, the Council meets as the Corporation to elect new officers. It may also meet
other times as needed.
2.0 FINANCIAL IMPLICATIONS
2.1 There are no financial implications as this is an organizational business item only.
3.0 STAFF RECOMMENDATION
3.1 Staff is recommending that the City Council set the meeting time on January 28,2002, at
6:00 p.m.
4.0 COUNCIL ACTION
Motion to approve January 28, 200~at 6:00 p.m., as a date and time for the meeting of
the Roseville Local Development Corporation. Notice of this meeting will be posted.
ommDev\Local Development Corp\RCA _ 01 0702.doc
ReA (010702) - Page 1 of 1
PUBLIC NOTICE
Public Meeting
Notice is hereby given that the City Council, acting in its role as the Local Development
Corporation, of the City of Roseville will hold its regular annual meeting at Roseville City Hall,
2660 Civic Center Drive, on Monday, January 28, 2002 at 6:00 p.m., for the purpose of electing
new officers.
'~ l3u;&
Neal Beets, City Manager
Posted: January 8, 2002
020128 LDC Mtg.doc
General Ledger
Balance Sheet
Description
Amount
L.D.C. Block Grant (Villa Park
Assets
Cash
Notes Receivable
~~
~
~O,OOO.OO
Assets Totals:
378,035.40
Liabilities
Due to other Governments
Liabilities Totals:
~3
228,887.37
Fund-Balance
Fund Balance
Fund Balance
1,171.09
(488.61)
Fund-Balance Totals:
682.48
Retained Earnings:
0.00
Total Fund Balance and Retained Earnings:
682.48
Total Liabilities, Fund-Balance and Retained Earnings:
229,569.85
59,148"'.0.3.
qo 006 . ~u
I
l,Ra. 4J(
~~ _, _G.
\Ooft O~~'
tn&.-~
~Cl f('" 0 cJ 0
f
lSle ,OdD
fJ ad 0
b aoO
d- '1 uJU
ol,~
GL - Balance Sheet ( 01102/2003 - 10:27 AM )
Page I
AH'l'ICLE III
DIRECTORS
Section 3.1. General Powers. The proper ty , af fairs and
business of the corporation shall be- managed by the Board of Direc-
tors.
Section 3.2 Number; QualJ-=.ficationi 'rerm of Office. The
directors of the corporation shall consist of an-2f-shalr-Se--limited
to those individuals who from time to time comprise the members of
the City Council of the City of Roseville, Minnesota, elected or
appointed in accordance with the charter of the City of Roseville,
Minnesota. Each director shall hold office so long as he or she
remains a member of the City Counsel of the City of Roseville,
Minnesota, subject, hO\"ever, to his or her rights to resign as a
director of the corporation in accordance with Section 3.4 hereof.
Section 3.3. Org~Q:~_~~!:l:9}J. The Board of Directors may elect
f rom among its own number a cha i rman and a v ice cha i rman . T f so
elected, the chairman or, in his absence or on his failure or
inability to act, the vice chairman (if one be elected) shall
preside at all meetings of the Board and of the executive commit-
tee, if one be constituted. Otherwise, the president of the corpo-
ration shall so preside or, in his absence or on his failure or
inability to act, such person as may be chosen by a majority of the
directors present at any such meeting shall preside. The secretary
of the corporation or, in his absence or on his inability or refus-
al to act, any person vlho the presiding officer shall appoint,
shall act as secretary of each meeting of the Board and the execu-
tive committee, if one be constituted. Neither the chairman or the
vice chairman, nor any person appointed to act as secretary of a
particular meeting, shall be considered an officer of the corpora-
tion unless otherwise elected as such in accordance with Article IV
of these Bylaws.
Section 3.4. g~signatio~. A director may resign at any time
by giving written notice to the president or to the secretary of
the corporation. The resignation of a director shall take effect
at the time specified therein, or, if no time is specified there-
in, upon receipt by the off icer of the corporation to Vlhom such
VIr it ten not ice is given; unless otherVl ise spec i f ied there in, the
acceptance of such resigna tion shaLl not be necessary to make it
effective.
Section 3.5. ~nnual Meeting. An annual meeting of the Board
of Directors shall be held for the purpose of electing the officers
of the corporation and for the transaction of such other business
as shall come before the meeting. Notice of such meeting shall be
glven as provided in Section 3.9 hereof.
Section 3.6. Regular Meetings. Regula r meet ing5 of the
Board of Directors may be held from time to time at such times as
2
Bylaws, the Articles of Incorporation, or the Laws of the State of
Minnesota. The executive committee shall have power to act only In
the intervals between meetings of the Board and shall at all times
be subject to the control of the Board, The Board of Directors
also may appoint standing and special committees for such purposes
as shall be specified by the Board. Except as otherwise provided
by the laws of the State of Minnesota or these Bylaws, the Board of
Directors, or if the Board does not act, the committees, shall
establish rules and regulations governing the manner in which the
committee shall act. Notice of all meetings of any committee shall
be given to all members of that committee. A majority of the
members of any committee shall be required to constitute a quorum
for the transaction of business at any meeting of the commi ttee,
and the act of a majority of the members present at any meeting at
which a quorum is present shall be the act of the commi t tee.
Commi ttees shall keep regular minutes of their proceedings and
report the same to the Board from time to time as the Board may
require. Any committee comprised of persons, one or more of whom
are not directors, shall act solely in an advisory capacity to the
Board.
Section 3.13. Ele_ctrQ.D.ic~~eti~q~. A conference among di-
rectors, or among members of any committee designated by the Board
of Directors, by any means of communication through which the
participants may simultaneously hear each other during the confer-
ence consti tutes a meeting of the Board or the commi ttee if the
same notice is given of the conference as would be required for a
meeting and if the number of persons participating in the confer-
ence would be sufficient to consti tute a quorum at a meeting.
Participation in a meeting by that means consti tutes presence in
person at the meeting. A director may participate in any other
meeting of the Board or a committee designated by the Board by any
means of communication through which the director, other persons so
participating, and all persons physically present at the meeting
may simultaneously hear each other during the meeting. Participa-
tion in such a meeting by that means constitutes presence in person
at the meeting.
Section 3.14. Action Without a MeetiQ9. Any action that
could be taken at a meeting of the Board of Directors or the execu-
tive committee, if one be constituted, may be taken without a
meeting when authorized in a writing signed by all of the directors
or all of the members of the executive committee, as the case may
be.
ARTICLE IV
OFFICERS
Section 4. 1.
be a president, a
Directors shall so
Number. The officers of the corporation shall
secretary, a treasurer, and, if the Board of
elect, one or more v ice presidents and such
4
Section 4.7.
Yice Pre~ent.
E ;]. C 11 V i C;~? ~) res i c1 e r1 t 1 .l r
~) 11;) C~ '2 1 I.:: c t e (] D ~{ t 1'1:: 13 () a r (1 0 f 1) i r c: c t lJ r ~:; r S 11 riel \7 (,:: ::; U C (l
rs ClllJ stlall 92rfor~ suc~ duties as :nay ~e s c:ifi in t se
la\l~j or qrescrij)ed l: ~3oGtrcl or (:J.''l2 )reSl nt~ T,'"! t.l-l<:::
8\1(~n'\: of di)E;C::flce or disaoility of tile :.)[c;:3iJc:nt:; L_Ll;~ "'/lce;
LJ[C::3icler1ts ;;b2111 succeed to i.:b(~ ~)r'(~E3 c:nt I ~J r Elnd du'i::i~~~; ii"l
corder desigrlut2d by the Board of Directors.
Section 4.8. S~creta(y.. 'l'b2 secu:;>tary Sh211 Ol:; sc:crel:ary
02 f and ~..lhen J?reSe11t 1 sI-12111 rec()rd ?roce2c]ings at 2111 nlt~et:.irlgs of
th:;; m(~moers of t: corporation, the Board of Directorsf and the
c:;~((:cu-;:iv(:.? cornr~litt:,~~:;e t" if onE~ ;JC con[:)citut,3() '" :I'h(~ ;;3I2CrE?Cctr:l .~;h(111
>~2[::;::) a re:]ister of the rlarne~:-~ cl.dCl c1dctres:::;2E; of all ;nC::ln;)C~r3 of tYtc::
cor9oration and shall at all times ke2? on file a complete co
() [" t i"l;; }\ r 'C i c 1 (~Ei () fIn c () r '(.) 0 r 21 t i 0 11 ,::1 n ::] a. 11 (1 I":l :=: II cl rn c: n t ;~; i.:) n
r (; ;':1 tat Q in e n t ~::; t hc~ r c: 0 i~ Et 1'1 ~J \:3. C () In :.) 1 e tee 0 ;~) ~l 0 E t h (~ ;.:; c '~~~ "iT 1 a \'} ~~:~ a i1 <] d 11
dL1Cn(JrnenL:~~~ a~1d r2sl:a~~:2rn(~nt~~ ~12reof ~ l]:bo sccr(~tarJ./ E)1'1a.l1 J i'/2 r
~/}lCi'l dirccl:c:d to d.o f~O r )1:"0 r notice; of 1:teetinq:3 o.f C.l'l(: ]";1{;?:ri;t;,)2fE:;
l.. 13oarcl. 02 l)ircct.ors; ti''1e (~:~C:CU.t.:l.V[:: cOYl1rnittee; if O(l~~ ;JC:
C01'lS~itut2dQ The secretary s11all Derforhl SllC11 other Cuties as
.;:roIn time to tijn~:=: i)e ,)r2:3cr:i.;J i:>y the merllJJer~)f tbe Board of
Directors of by the president 2nd, in general, shall perform all
Jllti2S iilcident to t~12 of~ice of secretary.
S e c t ion 4. 9 ~ 'I' L~,,-_fL,7JLrsJ;". . The
certain duties as may from time to
BODr(~t ~)I i)ir2Cc.~J:Z~S{l For Sj2I1era.l i~)ur
Cor9oration will contract out treasury L~
c.re<-13urcr
:3 ha 11
:J e r f 0 j: t.l
t. i rne
:.;e3
.. .' .
"J ::~ ::-.) r e ;:.) c r ].~) e :~,l i) ~l L
t be Local Devc~ 10
1'1 L~ i;J i 1 i tie s "
tIt
See t ion 4, a 10 . at he :r~Lc;;.s;.J:_s R ASLE:a.L~111.Q. EillJ2-1 0 ye e ~; . '1' L (2
C()c:?oratiorl iTlGl~'l l~la\le SUetl other off.ici~r[:J tJrlC\ ag.211tf) El~3 i'il::).:~l iJC;
de21~leJ r12cessary or appro9riate by the Board of Directors, ~~11o
::)L-la,11 :)8 aLJf)oir1"t~~(j in ~-;UCi'l rnanrlE'::[r ;la've StIefl (Jutie;3; arlcl i-l()ld,
~lleir offices for such -terrDS as may De ~etermined by resolutio~
0i ~lle Board of Directors.
Section [Lll~ Bond. Ti12 J30ard of Directors :3halJ. :C[Omi::.i.Tll:',:
L() ti.I11::-=: de"i.:.errnil1G \"lnlCn, if LlftYr U~=[ic2r[~ of l:i-"1e cor:Jorc.~tic)n
:;1-1a11 ,Je ;J()11de~! ,~:l~1~J CflC; a.rnount of eZ:.tcl'l j")()l'1cI;, t ~::}~i)c-:nsr:; of ~dl.lich
stlalJ. ;J2 borne tt'12 cor0ora'tioi1~
o
tent basis, an appropriate accounting system for the corporation.
'}'he Board shall cause the records and books of account of the
corporation to be audited at least once in each fiscal year and at
such other times as it may deem necessary or appropr iate and may
retain such person or firm for such purposes as it may deem appro-
priate.
Section 6.4. Fiscal Year. The fiscal year of the corpora-
tion shall be determined by the Board of Directors.
Section 6.5. Checks, Drafts and Other Matters. All checks,
drafts, or other orders for the payment ~f bonds, or other
evidences of indebtedness issued in the this corporation shall be
signed by such officer or officers, agent or agents, employee or
employees of the corporation and in such manner as may from time to
time be determined by resolution of the Board of Directors.
ARTICLE VII
INDEMNIFICATION
Section 7.1. In General. Subject to Section 7.2 hereof, the
corporation shall indemnify each person who is or was a director or
officer of the corporation or a member of any committee appointed
by the Board of Directors together with each person who is or was
serv ing the corpora t ion as an appointed represen ta ti ve to some
other corporation or enti ty, for actions taken and decisions made
by such persons on behalf of this corporation, to the full extent
required by the laws of the State of Minnesota. The corporation
may provide and maintain insurance on behalf of any person so
indemnified.
Section 7.2. Limitation on Indemnification. Indemnification
pursuant to Section 7.1 hereof shall be for the---sole and exclusive
benefit of the persons expressly identified therein, and no other
person, corporation or legal enti ty of whatever nature shall have
any rights thereunder by way of voluntary or involuntary assign-
ment, subrogation, or otherwise.
ARTICLE VIII
AMENDlVIENTS
Section 8.1. Adoption by Board of Directors.
for amendment of these Bylaws shall be as follows:
The procedure
(a) an amendment may be adopted at any meeting of
the Board of Directors;
(b) notice of the meeting, stating the purpose and
including therewi th a copy of the proposed amendment,
shall be given to each director; and
8
AH'I'TCLES OF TNCOHPOHA'J'TON
OF
ROS.EVILLE LOCAL DEVELOPlvfENT CORPORI\TION
The undersigned, a natural person of full age, for the
purpose of forming a corporation under the provisions of the
Minnesota Nonprofit Corporation Act, Minnesota Statutes Chapter
317, and laws amendatory thereof and supplementary thereto, hereby
adopts the following Articles of Incorporation:
ARTICLE 1
Name
The name of the corporation is:
[WSEVILLELOCAL DEVELOPfvlEN'l' COIWOHA'I'ION.
AI{TICLE 1 T
!~~~!::Q9_s e~
The corporation is organized and shall be operated
exclusively [or charitable purposes, as such purposes are legally
defined; excluding, however, any purpose that is not exclusively
charitable within the meaning of sections l70(c) (2), 80l(c) (3),
2055(a) (2), and 2522(a) (2) of the Internal Hevenue Code of 1986, as
now enacted or hereafter amended (the "Code"). All references in
these Articles of Incorporation to a particular section of the Code
shall mean and include, as now enacted or as hereafter amended,
such section and any provisions of federal or state law as now are
or may hereafter be applicable, cognate to such section.
The corporation at all times shall be operated, supervised,
or controlled by or in connection with, as contemplated by section
509(a) (3) (8) of the Code, the City of Rosevillc, Minnesota (the
"City"), an organization described in section 509(a) (1) and
170(b) (1) (A) (v) of the Code. Subject to the foregoing and vlithin
the s c o'p e and i n fur the ran ceo f the c h a r ita b 1 e pur p 0 s e she rei n
provided, the corporation is organized and shall be operated
exclusively for the benefit of, to perform the functions of, nr tn
carry out the purposes of the City, as contemplated by section
509(a) (30(A) of the Code by directly or indirectly advancing,
supporting, promoting, conducting, administering, or engaging in
charitable activities, causes, projects, and programs of every kind
and nature related or contributing to the care of the aged, the
lessening of the burdens of government, the combating of community
deterioration, and the promotion of the social welfare througb
accomplishment of the foregoing. Specifically, but without
limitation, the corporation shall facilitate the access of low to
moderate income senior citizens of the City to sound, affordable
AHfl'ICLI~ VI I
Ee r ~g_Q~I:_[.i~}?j:.J_;U~.Y
The members, directors and officers of the corporation shall
not have personal liability for any debts or obligations of the
corporation.
AH'l'ICLE VIII
E.~~~~_?~ a ry- Ga _in; -1- nUE.em~!}..~
The corporation shall not, incidentally or otherwise, afford
pecuniary gain to its members, as such. No part of the net
earnings of the corporation shall inure, within the meaning of
section BOI(c) (3) of the Code, to the benefit of any member,
director, or officer of the corporation or any other private
individual; provided, however, that nothing herein shall prohibit,
among other things, the payment of reasonable compensation Eor
services rendered to or for the corporation in the performance of
its charitable purposes.
ARTICLE IX
I:. 0 lL~ i ~~L_D>.ct "t.\1_j,~y
Not more than an insubstantial part of the activities of the
corporation shall include carrying on propaganda or otherwise
attempting to influence legislation, and the corporation shall not
participate in, or intervene in (including the publishing or
distributing of statements), any political campaign on behalf of,
or in opposition to, any candidate for public office.
ARTICLE X
Receipts of Gifts, Requests, Etc.
In furtherance and not in limitation of the powers conferred
by law, the corporation may take, receive, and hold real and
personal property, including the principal and interest of any
money or other fund, that is given, conveyed, bequeathed, devised
to, or otherwise vested in the corporation in trust for a purpose
consistent with the purpose set forth in these Articles of
Incorporation. Except where a trust instrument prescribes
otherwise, the corporation may invest trust property or its
proceeds in accordance with the laws of the state of Minnesota.
3
The tenure of the first directors shall be until the
annual meeting of the board of directors in the year 1988 and
until their successors are elected and qualifYI subject to
their earlier disqualification, resignationl or removal.
ARTICLE XIII
INCORPORATOR
The name and address of the incorporator 1S:
Briggs and Morgan
2200 First National Bank Building
St. Paul, Minnesota 55101
IN WI'l'NESS WHEREOF 1 the undersigned hereunto has set.
his hand this 8th day of February, 1988.
/j
//
--i~;b~~-
Incorpor~
STATE OF MINNESOTA)
) SS
COUNTY OF RAMSEY )
The foregoing instrument was acknowledged before me
this 8th day of February, 1988, by
mOJLd!L~ ,-9. ~)
Notary Public
:;0',< ~_'.__,:-~,:~_~ "-:!~'j'\'E.:-:,;(~ ~..'\
/-\ () ~< /'1 C:.: () L) ~\1 T Y
'.;(;n~n-,":,r.;iCj:-; :,::<-;~'i'C~'~: =;C!p~ :-~, l;}~-J':
DECLARATIONS PAGE
Policy Number
93-GX -5391-4
~"TATE PARM FIRE AND CASUALTY COMPANY
8500 STATE FARM WAY, WOODBURY MN 55125-3379
A STOCK COMPANY WITH HOME OFFICES IN BLOOMINGTON, ILLINOIS
Named Insured and Mailing Address
Mortgagee
3862-F727 V
ROSEVILLE LOCAL DEVELOPMENT
CORPORATION
2660 CIVIC CENTER DR
ROSEVILLE MN 55113
CALIBRE RIDGE L TD PTNSP;
TWIN CITIES HOUSING DEV
CORP & DUFFY DEV CORP GEN PTNS
C/O TWIN CITIES HOUSING DEV
400 SELBY AVE STE C
SAINT PAUL MN 55103
APARTMENT POLICY. SPECIAL FORM 3 Inflation Coverage Index: 167.8
AUTOMATIC RENEWAL -It the POLICY PERIOD is shown as 12 MONTHS, this policy will be renewed automatically
subject to the premiums, rules and torms in effect for each succeeding policy ~eriod. If this policy is terminated, we will
give you and the Mortgagee/Lienholder written nolice in compliance witH the policy provisions or as required by law.
Policy Period: 12 Months The policy peri?d begins and ends at 12:01 am standard time at the
Effective Date: FEB 1 2002 premises location.
Expiration Date: FEB 1 2003
Named Insured: Partnership
Location of Covered Premises:
**See Schedule page(s) for Location of Premises
Mortgagee
US BANK NA
2383 UNIVERSITY AVE
SAINT PAUL MN 55114
Coverages & Property
Section I
A Buildings (Blanket)
B Business Personal Property
C Loss of Income - 12 Months
Limits of Insurance
$ 4,1.277,000
t.xcluded
$ Actual Loss
Section \I
L Business Liability
M Medical Payments
products-Completed Operations
(PCO) Aggregate
General Aggregate (Other
Than PCO)
~
$
$
1,000,000
5,000
2,000,000
2,000,000
Deductibles . Section I
$ 1 ,000 Basic
In case of loss under this policy, the deductible will be
applied to each occurrence and will be deducted from the
amount of the loss. Other deductibles may apply - refer tc
policy.
POLICY PREMIUM $ 10,164.00
Forms, Options, and Endorsements
Special Form 3
Amendatory Endorsement
Tree Debris Removal
Policy Endorsement-Apartment
Glass Deductible Deletion End
Additional Insured
FP-6107
FE-6223.1
FE-6451
FE-6463
FE-6538.1
FE-6320
Discounts Applied:
Years in Business
Age of Building
Multiple Unit
Claim Record
Prepared
MAR 28 2002
FP-8020.2C
06/1992
Your policy consists of this page, any endorsements
and the policy form. PLEASE KEEP THESE TOGETHER.
OTHER LIMITS AND EXCLUSIONS MAY APPLY - REFER TO YOUR POLlC1 , _,
Counterslgned_ ~L--
By ~~- ~~
J WIEDEN INS A Y
(763) 566-9890 / r .
, .
Agent
AE88
(01121"
Policy Number
93-GX-5391-4
SCHEDULE PAGE
STATE FARM FIRE AND CASUALTY COMPANY
8500 STATE FARM WAY, WOODBURY MN 55125-3379
A STOCK COMPANY WITH HOME OFFICES IN BLOOMINGTON, ILLINOIS
Named Insured and Mailing Address
3862-F727 V
EFFECTIVE DATE
FEB 1 2002
CALIBRE RIDGE L TO PTNSP;
TWIN CITIES HOUSING DEV
CORP & DUFFY DEV CORP GEN PTNS
C/O TWIN CITIES HOUSING DEV
400 SELBY AVE STE C
SAINT PAUL MN 55103
APARTMENT POLICY - SPECIAL FORM 3
-----------------------------------------------------------------------------------------------
THE LOCATION OF PREMISES IS EXTENOEO TO INCLUOE THE FOLLOWING. INSURANCE IS PROVIDED SUBJECT
TO ALL THE TERMS OF THIS POLICY INCLUDING FORMS, OPTIONS AND ENDORSEMENTS MADE A PART HEREOF:
-----------------------------------------------------------------------------------------------
Location
Number
1.
2.
3.
4.
5.
6.
Prepared
MAR 28 2002
Location of Premises
151-153 CAPITOL VIEW
ROSEVILLE MN 55113
157-171 CAPITOL VIEW
ROSEVILLE MN 55113
173-197 CAPITOL VIEW
ROSEVILLE MN 55113
180-202 CAPITOL VIEW
ROSEVILLE MN 55113
204-214 CAPITOL VIEW
ROSEVILLE MN 55113
199-213 CAPITOL VIEW
ROSEVILLE MN 55113
(o1f2173b)
MC Policy No. 93-GX-5391-4
3862-727
FE-6320
(7/88)
ADDITIONAL INSURED ENDORSEMENT
DESIGNATED PREMISES ONLY
STATE fARM
A
IN$UtANC~
Policy No.: 93-GX-5391-4
Named Insured: CALIBRE RIDGE LTD PTNSPi
TWIN CITIES HOUSING DEV
CORP & DUFFY DEV CORP GEN PTNS
Name of Additional Insured: GARSTEN-PERENNIAL MANAGEMENT
Address of Additional Insured: 1600 UNIVERSITY AVE #310
ST PAUL MN 55104
Interest of Additional Insured: PROPERTY MANAGER
Location of Premises: SEE DECLARATIONS PAGE
The word "insured", wherever used in this policy, also includes the designated person or organization named above
as Additional Insured under the provisions of the policy Sections shown below as applicable by an "X" to the extent
indicated.
o SECTION I.
o SECTION I.
This applies only to COVERAGE A - BUILDINGS.
This applies only to COVERAGE B - BUSINESS PERSONAL PROPERTY.
Description of Property:
[X] SECTION II. This applies only to COVERAGE L - BUSINESS LIABILITY and COVERAGE M -
MEDICAL PAYMENTS and then only with respect to the ownership, maintenance or use of
the premises designated above and operations necessary or incidental thereto. These
SECTION II coverages do not apply to:
1. structural alterations or new construction performed by or on behalf of the designated person or
organization;
2. personal injury caused by the designated person or organization;
3. liability the designated person or organization assumed under a contract; or
4. products-completed operations hazard arising out of goods or inventory which are not sold or
distributed by you or arising out of the manufacturing or packaging of such goods or inventory.
All other provisions of the policy apply.
FE-6320
(7/88)
Printed in U.S.A.
MC Policy No. 93-GX-53,91-4
3862-727
FE-6320
(7/88)
ADDITIONAL INSURED ENDORSEMENT
DESIGNATED PREMISES ONLY
STAlE FARM
~
IN511t.ANC~:
Policy No.: 93-GX-5391-4
Named Insured:
CALIBRE RIDGE LTD PTNSPi
TWIN CITIES HOUSING DEV
CORP & DUFFY DEV CORP GEN PTNS
Name of Additional Insured: CALIBRE RIDGE COOPERATIVE
Address of Additional Insured: c/o TWIN CITIES HOUSING
DEVELOPMENT CORPORATION
400 SELBY AVE STE C
ST PAUL MN 55102
Interest of Additional Insured: PROPERTY MANAGER
location of Premises: SEE DECLARATIONS PAGE
The word "insured", wherever used in this policy, also includes the designated person or organization named above
as Additional Insured under the provisions of the policy Sections shown below as applicable by an "X" to the extent
indicated.
o SECTION I.
o SECTION I.
This applies only to COVERAGE A - BUilDINGS.
This applies only to COVERAGE B - BUSINESS PERSONAL PROPERTY.
Description of Property:
!Xl SECTION II. This applies only to COVERAGE l - BUSINESS LIABILITY and COVERAGE M -
MEDICAL PAYMENTS and then only with respect to the ownership, maintenance or use of
the premises designated above and operations necessary or incidental thereto. These
SECTION II coverages do not apply to:
1. structural alterations or new construction performed by or on behalf of the designated person or
organization;
2. personal injury caused by the designated person or organization;
3. liability the designated person or organization assumed under a contract; or
4. products-completed operations hazard arising out of goods or inventory which are not sold or
distributed by you or arising out of the manufacturing or packaging of such goods or inventory.
All other provisions of the policy apply.
FE-6320
(7/88)
Printed in U.S.A.
STATE FARM FIRE AND CASUALTY COMPANY
3862-F727
POLICY NO. 93-GX-5391-4
APARTMENT POLICY
INSURED'S NAME AND MAILING ADDRESS
CALIBRE RIDGE LTD PTNSPi
TWIN CITIES HOUSING DEV
CORP & DUFFY DEV CORP GEN PTNS
C/O TWIN CITIES HOUSING DEV
400 SELBY AVE STE C
SAINT PAUL MN 55103
ADDL INS SEC II FE 6320
CALIBRE RIDGE COOPERATIVE
C/O TWIN CITIES HOUSING
DEVELOPMENT CORPORATION
400 SELBY AVE STE C
ST PAUL MN 55102
PREPARED 03/28/2002
INLAND MARINE SCHEDULE
PAGE 1
STATE FARM FIRE AND CASUALTY COMPANY
POLICY NO. 93-GX-5391-4
APARTMENT POLICY
ADDITIONAL INTEREST SCHEDULE
PAGE 1
INSURED'S NAME AND MAILING ADDRESS
CALIBRE RIDGE LTD PTNSP;
TWIN CITIES HOUSING DEV
CORP & DUFFY DEV CORP GEN PTNS
C/O TWIN CITIES HOUSING DEV
400 SELBY AVE STE C
SAINT PAUL MN 55103
MORTGAGE
MINNESOTA HOUSING FINANCE AGCY
300 PARK SQUARE CT
400 SIBLEY ST
ST PAUL MN 55101
MORTGAGE
RAMSEY COUNTY
C/O DAKOTA COUNTY PTNSP
COMMUNITY & ECONOMIC DEV
50 W KELLOGG BLVD #660
ST PAUL MN 55102
ADDITIONAL INS SEC II FE 6320
GARSTEN-PERENNIAL MANAGEMENT
1600 UNIVERSITY AVE #310
ST PAUL MN 55104
PREPARED 03/28/2002
3862-F727
FE-6223.1
(1/95)
AMENDATORY ENDORSEMENT
(Minnesota)
SECTION I
LOSSES INSURED AND
LOSSES NOT INSU RED
The following is added to LOSSES INSURED:
We insure for all loss or damage caused by
fire and any damage caused by lightning.
The following is deleted from LOSSES NOT IN-
SURED:
a. the enforcement of any ordinance or
law:
(1) regulating the construction, use or
repair of any property; or
(2) requiring the tearing down of any
property, including the cost of re-
moving its debris;
SECTION I
DEDUCTIBLES
The following is added to DEDUCTIBLES:
The deductible does not apply to total loss of
a building.
SECTION I
CONDITIONS
The following is added to item e. of Loss Payment:
If at any time we reach final agreement with
you on an amount in settlement of all or part
of your claim, we will issue payment within
five business days from the date of the agree-
ment.
The following is added to Valuation:
In the event of a total loss to COVERAGE A -
BUILDINGS caused by a LOSS INSURED,
we will pay the Limit of Insurance shown in
the Declarations for COVERAGE A - BUILD-
INGS.
Legal Action Against Us is replaced by the fol-
lowing:
+
Legal Action Against Us. No one may bring
legal action against us under this insurance
unless:
a. there has been full compliance with all of
the terms of this insurance;
b. the loss has become payable as speci-
fied in the Loss Payment Condition; and
c. the action is brought within 2 years after
the date on which the direct physical loss
or damage occurred.
With respect to OPTION ED - Employee
Dishonesty, there must be full compliance
with all provisions and terms applicable to
OPTION ED. Suit must commence within 2
years from the date the insured discovered
the loss.
The Mortgage Holders Condition is revised as
follows:
Mortgage Holders. When used in the follow-
ing provisions of this condition, the term
"mortgage holder" includes mortgagee, trus-
tee or contract for deed vendor:
Item c. of Mortgage Holders is replaced by the
following:
c. If we deny your claim because of your
acts or because you have failed to com-
ply with the terms of this policy, the
mortgage holder will still have the right
to receive loss payment if the mortgage
holder:
(1) pays any premium due under this
policy at our request if you have
failed to do so; and
(2) submits a signed, sworn statement
of loss within 60 days after receiv-
Ing notice from us of your failure to
do so.
All terms of this policy will then apply
directly to the mortgage holder.
(CONTINUED)
+
in pursuing a claim under this cording to social security
policy; standards.
(3) actions by you that have sub- 4. Cancellation for non-payment of pre-
stantially increased or sub- mium will not be effective if payment of
stantially changed the risk the amount due is made prior to the
insured; effective date of the cancellation.
(4) your refusal to eliminate 5. If this policy has been issued for a term
known conditions that in- longer than one year or for an indefinite
crease the potential for loss term, we may cancel only for the specific
after notification by us that the reasons set forth in 3. above. Written
condition must be removed; notice of cancellation will be mailed or
delivered to the first Named Insured at
(5) substantial change in the risk least 60 days before the effective date
assumed, except to the extent of cancellation.
that we should reasonably
have foreseen the change or 6. We will mail or deliver our notice of can-
contemplated the risk in writ- cellation to the first Named Insured at
ing the contract; their address last known to us and to the
agent of record. If notice is mailed, it will
(6) loss of reinsurance by us be by first class mail. Notice of such
which provided coverage to us mailing is effective on deposit in the
for a significant amount of the United states mail. Proof of mailing will
underlying risk insured. Any be sufficient proof of notice. Our notice
notice of cancellation under of cancellation will state the reason for
this clause will advise the poll- and effective date of cancellation. The
cyholder that the policyholder policy period will end on that date.
has 10 days from the date of
receipt of the notice to appeal 7. If this policy is cancelled, we will send
the cancellation to the com- the first Named Insured any premium
missioner of insurance and refund due. If we cancel, the refund will
that the commissioner will ren- be pro rata. If the first Named Insured
der a decision as to whether cancels, the refund may be less than pro
the decision is justified be- rata. Cancellation will be effective even
cause of loss of reinsurance if we have not made or offered a refund.
within 5 business days after
receipt of the appeal; The following Conditions are added:
(7) a determination by the com- Non-Renewal.
missioner that the continu-
ation of this policy could place 1. If we decide not to renew this policy, we
us in violation of the insurance will mail or deliver to the first Named
laws of this state; or Insured written notice of non-renewal at
least 60 days before the date of expira-
(8) non-payment of dues to an as- tion provided in the policy.
sociation or organization,
where payment of dues is a 2. We will mail or deliver our notice of non-
prerequisite to obtaining or renewal to the first Named Insured at
continuing the insurance. This their address last known to us and to the
provision for cancellation for agent of record. If notice is mailed, it will
failure to pay dues does not be by first class mail. Notice of such
apply to persons who are re- mailing is effective on deposit in the
tired at 62 years of age or
older or who are disabled ac-
(CONTINUED)
SECTION I
AND SECTION II
COMMON CONDITIONS
Cancellation is revised as follows:
We may cancel this policy by mailing or deliv-
ering to:
a. the first Named Insured; and
b. each unit-owner and holder of an inter-
est as security to whom certificates of
insurance were issued;
written notice of cancellation at least 30 days
before the effective date of cancellation.
The following is added to Transfer of Rights of
Recovery Against Others to Us:
Section I and II
We waive our rights to recover payments
against:
a. any unit-owner, including the developer
and members of the developer's house-
hold;
FE.6223.1
(1/95)
b. the Association; and
c. members of the board of directors for
acts or omissions within the scope of
their duties for you.
But we reserve our rights to recover damages
from the developer for which the developer
may be held liable in the developer's capacity
as a developer.
This waiver does not apply under OP-
TION ED - Employee Dishonesty.
The following Condition is added:
Unit-Owner Acts or Omissions. No act or omis-
sion by any unit-owner or holder of an interest as
security for an obligation will void this policy or be
a condition to recovery under this policy. But this
does not apply to unit-owners or interest holders
acting within the scope of their authority on behalf
of the Association.
FE.6451
(10/89)
TREE DEBRIS REMOVAL ENDORSEMENT
The following is added to SECTION I EXTENSIONS OF COVERAGE:
Tree Debris Removal. We will pay your expense to remove the debris of any broken or fallen tree
if Coverage A property is damaged by the tree. The most we will pay in anyone occurrence at each
location under this Extension of Coverage is $500 as an additional amount of insurance.
All other policy provisions apply.
FE.6451
(10/89)
FE-65GB.;
(;0/95)
Under SECTION I DEDUCTIBLES, the special $100 deductible amount applicable to all glass losses is
deieted and replaced by the Section I deductible otherwise included and shown in the Declarations of this
policy.
GLASS DEDUCTIBLE DELETION ENDORSEMENT
All other policy provisions apply.
FE-6538. ;
(; 0/95)
('.
.rF'
~B"" J. LEVITT
Cou OZBLER
RoBERT M. BOWEN
ROB'EBT G. SBABE
BURT E. SWANSON
.. J. GALVtl<. JR.
""Il C. FORSBERG
J. MCNEELY
~~";L/R~=UR. JR.
TERENCE N. DOYLE
RrcHARD H. KYLE
JOHN L DEVNBY
RONALD L. SoBE:NSON
Pun H. SEED
s.u.UEL L. !lANSON
RONALD E. OllClLUlD
JOHN TDOYEB
STEPHEN WINNICK
AVRON L. GOROON
JaRN R. KENEl"ICK
TBOlUS A. LA.BSON
DAVID J. SPENCER
DANIEL J. COLE. JR.
Douous L. SaOH
MICHAEL H. JEBONUIUS
Il Scott DAVIES
J. P.TRICK McDAVITt'
JOHN 13. VAN DE NORTH, JR.
RIcBAIiD G. MAliK
ANDREW C. SELDEN
ANDREW C. BECHER
JEPl"REY J. KEYES
JAXES E. NELSON
JEROME A.GElS
STEVE A. BRA.ND
JOEL H. GonESMAN
KA.IuN L. WILLE
ALAN H. MACLIN
JE:PYR1!:Y F. SHAW
MA'ITBEW L.l..EVlTT
DAVID G. GBEENING
DAVID B. SAND
JOSEPH P. NOACK
CBAJllES R.lIAYNOR
ANDREA M. BoND
TIMOTHY P. FL.A.BEBTY
M.&.BnN H. FISK
ROBERT J. PRATTE
JOHN BULTENA
JAMES G. RAY
RlcBAIiD H. MA.RTrn
TRUDY J. HALLA
MARy L. lPPEL
JAMES A. VaSE
RoBYN L. HA..NSEN
LAW OFFICES
ROBERT E. 'WOODS
WllllA..'( J. JO.uns
MARGARET K. S!..VAGE
JOBS K. ELUSOBOE
BRIA.."'I' G. BEUSLE
ToNY Srr.!<BEB:OEB
M..urr E. ScH.A.l".FNER
M.ICB.A.EL H. STRUTER
JOR."i H. l..J~STBOM
RICHARD D. A...~DE.BSOS
SALLy...... ScOOOI:S
DAYID C. ~1cDmu..LD
BRUCE W. MooTY
A."iDBEW R. KlNTZINOEB
FBEDEHICK P. 1\.,"msT
ROBERT L. LEE
A."ffl" H USTRODS
GREGORY J. STENMOE
CHA.RLES B. ROGERS
TERRY L. SLYE
~1AUREEN E. WARREN
~UHY M. DYRSETH
PATRICK ~. GABBY
TIMOTHY E. MARx
CHERYL A- THOMAS
REV!!< A. BERG
}'1ARK SCRRmmEB:
101. ERIOID McDONOUGH
BRIGGS
AND
~10RGAN
PROFESSIONAL ASSOCIATION
2200 FIRST NATIONAL BANK BUILDING
SAINT PAUL, MINNESOTA 55101
TELEPHONE (612) 291-1215
TELECOPIER (612) 222 -4071
INCLUDING THE FORMER FIRM OF
LEVITT, PALMER, BOWEN, ROTMAN & SHARE
January 22, 1988
Via Messenger
Mr. Craig A. Waldron
City of Roseville
2660 Civic Center Drive
Roseville, MN 55113
Re: Roseville Local Development Corporation
Dear Mr. Waldron:
MICHAEL J. GRIMES
MARlA...l.f ~. DURKIN
CHRISTOPHER C. CLE'\""ELA..VO
S"ANCT D. ARNtSON
MICHA.EL J. ~cEu.ISTllE}(
UUB.E1( A. FITBlA.."i
PAUL S. JACOBSEN
COLLEEN V. SaORT
DUJU J. \'A.NCE-BRYA..~
KEAl. T. BUETHE.
St.:SAN B. THOKAS
TIMOTHY J. lUEJi'A."i
ROBERT L. STEBl:'P
}1ICllAEL THOMAS ~1ILLER
CARLOS R. CAHRASQt;U.LO
KRISTIN S. XF.LBY
ELENA L. OSTBY
KEVI'X J. firSIEER
RLTH J. KEuu....
\'INcEn A. TnoKAs
fuRl[ J. FRENZ
N'ASCY J. WaLl"
DEI\'1'IIS L.llA.LL
A,11l1)REA ~1. fuCE!II.EIEH
PATRICK T. SllELLY
DIA.NE .B. LITTLE
OF COL'NSEL
J. NEIL MORTON
RICHARD E. KYLE
JOIL"i M. PA.I.J(ER
SAMUEL H. ~iOROAN
FBA.......x N. Ga.ulAx
:\. L.ACBENcB 0.6.\"15
CURr::.NCE G. FUllIE
FtL\....... K H....X!lIOSD
Lr:O:-lABD .J. KEYES
JOHN M.SULUVAN
I am writing to you pursuant to our discussion earlier this
week regarding the Roseville Local Development Corporation. With
'- respect to your questions regarding liability of directors of a
nonprofit corporation, I refer you to Minn. Stat. ~317.201, a copy
of which is enclosed for your reference. As you can see, subject
to certain exceptions, a director of a nonprofit corporation
serving without compensation cannot be held civilly liable for
his or her actions, so long as such actions were in good faith,
within the scope of responsibilities, and do not constitute will-
ful or reckless misconduct.
You also expressed some concern regarding the language used
in the Purposes clause of Article II of the Articles of Incorpora-
tion. Specifically, you questioned the use of the language "but
without limitation" appearing in the second paragraph of Article
II. The Purposes provisions of the Articles were drafted in a
manner that sets forth the general purposes of the corporation,
but at the same time, provides some flexibility to allow the
corporation to achieve its objectives. A corporation may exercise
only those powers which are expressly granted to it in the incorp-
oration documents. By giving the corporation broad, flexible
powers, the corporation avoids potential claims by third parties
who claim that the actions of the corporation are not authorized.
You should also note that in Roseville Local Development Corpora-
tion's situation, the Board of Directors exercises the ultimate
authority to run the corporation. Therefore, regardless of what
authority is granted in the Articles of Incorporation, the
\.
2270 MN WORLD TRADE CENTER
SAINT PAUL. MINNESOTA ~~101
1612) 291'121~
2200 FIRST NATIONAL BANK BUILDINO'
SAINT PAUL, MINNESOTA ~ruOl
(612) 291'121~
2400 IDS CENTER
MINNEAPOLIS. MINNESOTA ~M02
16121339'0661
r; {,.
\.
"
BRIGGS AND MORGAN
Mr. Craig A. Waldron
January 22, 1988
Page 2
corporate board still controls the direction and purposes of the
corporation.
In my opinion, it would be in the best interests of the corp-
oration to operate under the broad Purposes clause of the
Articles. However, if a change is desired, the Articles can
easily be amended by filing an amendment with the Secretary of
State.
If you have any further questions in regard to this matter,
please do not hesitate to contact me.
TJK/sc27
Very"- trul
--r~
Timothy
Enclosures
cc: John Bultena, Esq.
\
~
LAW OFFICES OF
PETERSON. BELL. CONVERSE 8: JENSEN
2100 AMERICAN NATIONAL BANK BUILDING
101 EAST FIFTH STREET
ST. PAUL. MINNESOTA 55101
(612) 224.4703
ERWIN A. PETERSON
ROBERT C. BELL
WILLARD L. CONVERSE
ROGER A. JENSEN
KURT F. WALTHER
W. TIMOTHY MALCHOW
MARTIN J. COSTELLO
JAMES C. ERICKSON
WILLIAM M. DRINANE
CAROL A. BALDWIN
ADAM E. BRIDGE
January 25, 1988
City Council
City of Roseville
2660 Civic Center Drive
Roseville, Minnesota 55113
Re: Liability of Directors of
Roseville Local Development Corporation
Our File No. 1011-19
Dear Members of the Council:
A nonprofit corporation has been organized under the name of
Roseville Local Development Corporation. The City Council will
serve as the Board of Directors. The question has been asked:
.
"What liabiltiy may the Council Members be exposed to?"
The operation initially will be to receive certain funds from the
federal ~overnment.These funds will be used to supplement
individual purchases of housing units in Villa Park. The
Council, as the Board of Directors, will establish rules,
procedures, and probably retain some financial organizations to
administer the program.
In our opinion liability will be remote.
There are several statutes and ordinances protecting such
directors: See Minn. Stat. 317.201. A copy attached.
Also the City Code of the City of Roseville, Section 280.010,
requires indemnification of certain Board members. In our
opinion this section would apply.
. \. RCB/ eld
Encl.
s..,~@
r'
46
\. TIONS
.9 Repealed.
ATE.
.own as a Young Men's Christian
:ltion by adopting, signing, and
ng:
Jrporators;
s principal place of business, and
:d;
who shall manage its affairs, how
meetings; and
p.
:d with the secretary of state and
,ts principal place of business.
I YO'9lg Men's Christian Associa-
lay :orporate under sections
:i0l. lst be executed by all the
:he property of the society passes
..
'.;
t~1
~, ~
NONPROFIT CORPOR..HIONS 317.201
:1
,
:1
47
CHAPTER 317
NONPROFIT CORPORATIONS
317.03 Foreign nonprofit corporations,
sections applicable.
317.20 I Unpaid directors or trustees; liability
for damages.
317.65 Corporations 10 secure or maintain
homes for dependent children.
317.67 Fees; filing documents.
317.03 FOREIGN NONPROFIT CORPORATIONS, SECTIONS APPLICABLE.
(1) Except for this section and section 317.42 concerning merger or consolidation,
this chapter does not apply to foreign corporations.
(2) Except as provided in clauses (3) and (4) a foreign corporation is subject to the
provisions of the Minnesota foreign corporations act, Minnesota Statutes, chapter 303.
Unless it complies with that chapter a foreign corporation shall not transact business
in this state.
(3) Sections 303.07, 303.14, 303.22, 303.02, subdivision 2, and 303.16, subdivi-
sion 2, clauses (6) and (7), do not apply to foreign corporations.
(4) A foreign corporation transacting business in this state on April 21, 1951, shall
comply with this section within one year.
History: 1987 c 384 art 2 s 76
317.201 UNPAID DIRECTORS OR TRUSTEES; LIABILITY FOR DAMAGES.
Subdivision 1. Generally. Except as provided in subdivision 2, no person who
serves without compensation as a director, officer, trustee, member, or agent of an
organization exempt from state income taxation under section 290.05, subdivision 2,
or who serves without compensation as a fire chief of a nonprofit firefighting corpora-
tion or municipal volunteer fire department, shall be held civilly liable for an act or
omission by that person if the act or omission was in good faith, was within the scope
of the person's responsibilities as a director, officer, trustee, member, agent, or fire chief
of the organization, and did not constitute willful or reckless misconduct.
Subd. 2. Exceptions. Subdivision 1 does not apply to:
(l) an action or proceeding brought by the attorney general for a breach of a
fiduciary duty as a director;
(2) a cause of action to the extent it is based on federal law;
(3) a cause of action based on the person's express contractual obligation; or
(4) an action or proceeding based on a breach of public pension plan fiduciary
responsibility.
Nothing in subdivision 1 limits an individual's liability for physical injury to the
person of another or for wrongful death which is personally and directly caused by that
individual, nor the liability ofa municipality arising out of the performance of firefight-
ing or related activities.
Subd. 3. Definition. For purposes of this section, the term "compensation" means
any thing of value received for services rendered, except:
(1) reimbursement for expenses actually incurred;
(2) a per diem in an amount not to exceed the per diem authorized for state
advisory councils and committees pursuant to section 15.059, subdivision 3; or
(3) payment by an organization of insurance premiums on behalf of a person who
is or was a director, officer, trustee, member, or agent of an organization, or who, while
a director, officer, trustee, member, or agent of the organization, is or was serving at
the request of the organization as a director, officer, partner, trustee, employee, or agent
of another organization or employee benefit plan against any liability asserted against
and incurred by the person in or arising from that capacity.
History: 1987 c 326 s 2
?",-''''- ,..-'" .....~.--.-_.,
~ .317.20
NONPROFIT CORPORATIONS""
. 1973 Amendment., Added authorization' tD
pay direetors for their servictis 'by bylaws' or
both bylaws and articles iD subeL 5.
1980 Amendment.' Revised subeLi. For for-
mer text see the maiD volume.
1982 Amendment. Added clause (4) tD subeL
8.
., ;. . Not. of Dedsiona
Es oftielo dlrec:ton, 2
.';."
1983 Amendment. Deleted the former subd.
12 and added the present subd. 12.
1986 Amendment. Laws 1986, c. 444, ~ I,
removed gender specific references applicable to
human beings throughout Minn.Stats. by adopt- '
ing by reference proposed amendments for such
revision prepared by the revisor of statutes pur-
suant to Laws 1984, c. 480, ~ 21, and certified
and filed with the secretary of state on Jan. 24,
1986. Section. 3 of Laws 1986, c. 444, provides
that the amendments "do not change the sub-
stance of the statutes amended."
2. Es officio clirecton .'
Police pension association had power to adopt
bylaws limiting voting rights of ex officio board
members. City of Fridley v. Fridley Police Pen-
sion Asa'n, App.1985, 367 N.W.2d 99.
Where Nonprofit Corporation Act, ~ 317.01 et
seq., was already in effect and empowered non-
profit corporations to limit rights of ex officio
board members at time that legislature enacted ...
t 423.803, providing for incorporation and gover- .~
nance of police relief associations, it was to be .'
presumed that legislature was aware of power it .":.
gave to nonprofit corporations to limit rights of :q
ex officio directors when it enacted ~ 423.803, ...
governing police relief associations. City of
Fridley v. Fridley Police Pension Ass'n, App.
1985,367 N.W.2d 99.
~
i
317.201. Unpaid directors or trustees; liability for damages 't
.4-
Subdivision 1. Generally. Except as provided in subdivision 2, no person who serves' ..,
without compensation as a director, officer, trustee, member, or agent of an organization j
exempt from state income taxation under section 290.05, subdivision 2, or who serves
without compensation as a fire chief of a nonprofit fire fighting corporation or municipal
volunteer fire department, shall be held civilly liable for an act or omission by that person
if the act or omission was in good faith, was within the scope of the person's responsibili-
ties as a director, officer, trustee, member, agent, or fire chief of the organization, and did
not constitute willful or reckless misconduct
Subd. 2. Exceptions. Subdivision 1 does not apply to:
(1) an action or proceeding brought by the attorney genera:l 'for a breach of a fiduciary
duty as a director; ,
(2) a cause of. action to the extent it is based on federal law; .
(3) a cause of action based on the person's express contractual obligation; or
(4) an action or proceeding based on a breach of public pension plan fiduciary
responsibility.
Nothing in subdivision 1 limits an individual's liability for physical injury to the person
of another or for wrongful death which is personally and directly caused by that
individual, nor the liabilitY of a municipality' arising out of the performance of firefighting
or related activities. .~.~, .
Subd. 3. Defmition. For purposes of this section, the term "compensation" means
any thing of value received for services rendered, except: fl. /' ot
(1) reimbursement for expenses aCtually incurred; '3 .., t4 1t;4
(2) a per diem in an amount not to exceed the per diem authorized for state advisory
councils and committees pursuant to section 15.059, subdivision 3; or
(3) payment by an organization of insurance 'premiums on behalf of a person who is or
was a director, officer, trustee, member, or agent of an organization, or who, while a
director, officer, trustee, membet, or agent of the organization, is or was serving at the
request of the organization as a director, officer, partner, trustee, employee, or agent of
another organization or employee benefit plan against any liability asserted against -and
incurred by the person in or arising from ~t capacity.
Laws 1986; c. 455, t 62. eft. March 26, 1986.- . Amended by Laws 1987, c. 326; t 2, eff. Aug. 1, 1987.
:76
NONPROFIT C()
1987 LelWaUon
The 1987 ameni
which previously ~
.. A director or a-
tion or association '
the corporation or
f
317 .21. Officer
Subdivision 1
vide otherwise"1
offices of presid
and agents deel
(2) Unless the
need not be dir,
(3) Any of th
person.
j;
~.
,
Subd. 3. R
persons authol
officer's contI"
Subd. 4. }.
ment of the t
absence of su
(2) An offie
an ordinarily
exercise.
(3) When 2
the board of
Amended by I
~
i
;fi.
:i
;,
t
1980 Amen
former text s,
1986 Amer
removed gene
human bein~
ing by refere
317.22. Me
Subd. 6.
are permit!
(2) The 1
the persoD
(3) ExCE
(a) the :
- (b) an 8
bas been
(c) whe
member's
~el
{
RAMSEY COUN1Y
TO:
FROM:
DATE:
RE:
County Commissioners
Diane Ahrens
John T. Finley
Ruby Hunt
Duane W. McCarty
Hal Norgard
Donald E. Salverda
Warren W. Schaber
Office of the Executive Director
286 Court House 15 W. Kellogg Blvd.
Saint Paul, Minnesota 55102
(612) 298-5980
Terry Schutten, Executive Director
M E M 0 RAN DUM
City Managers _~
(c/~j,\
Judy A. Karon, Directo \.....,/ J)
Community and Economic\!2::'v . op~.D..t---"
Augus t 22, 1991
Joint Cooperation Agreements
Commlnity Development Block Grant Program (CDBG)
Last week our office sent you a Joint Cooperation Agreement for
renewed participation with the County in the Community Development
Block Grant program (CDBG). The cover letter attached to the
Agreement asked that you return the executed Agreement along with a
copy of either your council resolution or a statement from your
legal counsel indicating the authority for the signatories to enter
into the Agreement by OCTOBER 10, 1991.
It has come to our attention that an error appears in the actual
Agreement on Page 4 in the last sentence of the third paragraph.
This sentence references the date of August 15, 1991.
The correct date is OCTOBER 10, 1991.
Ye are sorry for the error and any inconvenience which this may have
caused you.
Should you
additional
292-6461.
JAK/py
have further questions about the Agreement or desire
information, please do not hesitate to contact us at
We will be happy to assist you.
,16("'t~~'-)S
JOINT COOPERATION AGREEMENT
THIS AGREEMENT made and entered into by and between the County of
Ramsey, State of Minnesota, hereinafter referred to as "COUNTY," and the
CITY/TOWN of Roseville, Minnesota , hereinafter referred to
as "MUNICIPALITY," said parties to this Agreement each being governmental
units of the State of Minnesota, and is made pursuant to Minnesota Statutes,
Section 471.59.
V I T N E SSE T H
WHEREAS, Title I of the Housing and Community Development Act of 1974,
as amended, provides for a program of community development block grants; and,
WHEREAS, Ramsey County, Minnesota qualifies under said law as an "urban
county" eligible to receive community development block grant funds; and,
WHEREAS, the County's population, among other factors, is a determinant
of the eligibility of the County and the amount of resources which may be made
available to the County to undertake activities under the afore-referenced
law; and,
WHEREAS, part 570, Chapter V of Title 24 of the Code of Federal
regulations sets forth regulations governing the applicability and use of
funds under Title I; and,
1
WHEREAS,
provides that
Section 570.105, titled "Qualifications As Urban County"
computation of the County's population may include persons
residing in "unincorporated areas" and in "its included parts of general local
government with which it has entered into cooperative agreements to undertake
or to assist in the undertaking of essential activities pursuant to community
development block grants;" and,
WHEREAS, it is in the interest of the City/Town of RoseviJlp..
Minnpsota to have its population counted together with other
municipalities of Ramsey County who similarly agree;
NOW, THEREFORE, in consideration of the mutual covenants and promises
contained in this Agreement, the parties mutually agree to the following terms
and conditions.
I. DEFINITIONS
For the purposes of this Agreement, the terms defined in this section
have the meanings given to them:
A. "The Act" means the Housing and Community Development Act of
1974, Title I, of Public Law 93-383, as amended (42 USC 5301
et seq.).
B. "Regulations" means the rules and regulations promulgated
pursuant to the Act, including but not limited to 24 CFR
Part 570.
C. "HUD" means the United States Department of Housing and
2
Urban Development.
D. "Cooperating Community" means any city or town in Ramsey
County which has entered into a cooperation agreement which
is identical to this Agreement.
The regulations contained in 42 USC 5302 of the Act and 24 CPR 570.3 of
the Regulations are incorporated herein by reference and made a part hereof.
II. PURPOSE
Municipality and County have determined that it is desirable and in the
interests of its citizens that the County qualifies as an urban county within
the provisions of the Act. This Agreement contemplates that identical
agreements will be executed between the County and other cities and towns in
Ramsey County and such numbers will enable the County to so qualify under the
Act.
The purpose of this Agreement is to authorize the County to cooperate
with the Municipality in undertaking, or assist in undertaking, essential
community renewal and lower income housing assistance activities, specifically
urban renewal and publicly assisted housing pursuant to community development
block grants as authorized in the Act and the Regulations.
III. TERM OF AGREEMENT
The term of this agreement is for a period commencing on the effective
day of August 31, 1991, and terminating no sooner than the end of the third
3
program year covered by the application for the basic grant amount approved
subsequent to the effective date. This Agreement is extended automatically
for each subsequent three-year program period unless written notice of
termination to be effective at the end of the current three year program
period is given by Municipality to County following the same schedule as the
~opt out~ notification requirements as established by HUD. The County shall
provide written notification to Municipality of Municipality's right to ~opt
out~ and terminate this Agreement at least (30) days prior to the ~opt out~
date.
Notwithstanding any other provision of this Agreement, this Agreement
shall be terminated at the end of any program year during which HUD withdraws
its designation of Ramsey County as an Urban County under the Act.
This Agreement shall be executed by the appropriate officers of
Municipality and County pursuant to authority granted them by their respective
governing bodies, and a copy of the authorizing resolution and executed
Agreement shall be filed promptly by the Municipality in the office of the
Ramsey County Executive Director, and in no event shall the Agreement be filed
later than August 15, 1991.
IV. METHOD
The Municipality and County hereby agree that they will cooperate to
undertake or assist in undertaking, community renewal and lower income housing
assistance activities, specifically urban renewal and publicly assisted
housing. The County shall prepare and submit to HUD and appropriate reviewing
agencies, all necessary applications for a basic grant amount under the Act.
In making the application, the County shall address the goals and needs of
4
County as developed in meetings between the Municipality, its citizens and the
County, and also addressing the Act and other relevant Minnesota and/or
Federal statutep or regulations. The parties agree to cooperate fully in
establishing priorities and in preparation of the application for a basic
grant amount. Municipality and County agree that the County shall establish a
reasonable time schedule for the development of the grant application.
In preparing the grant application and allocating grant funds received,
the County shall consider projects proposed by the Municipalities. The County
reserves the right to propose projects which are both consistent with the
mutually-established goals, needs and priorities and within the County's
statutory implementation authority. No Municipality shall be required to
propose a project.
It is anticipated by the parties that the party ultimately implementing
a project funded by monies received from the grant may be either the
Municipality or the County. The determination of which party will implement
the project will be made by the parties after consideration of the nature and
scope of the project, and the ability of each party to undertake the project,
thought it is understood by the Municipality that the County shall have final
responsibility for selecting projects from among those proposed by the
Municipalities and the County and filing annual grant requests. The County is
hereby authorized to distribute to the Municipality such funds as are
determined appropriate for the Municipality to use in implementing a project
and the County is hereby authorized to implement projects within the
Municipality as are determined appropriate for the County to implement.
Contracts let and purchases made pursuant to a project under this Agreement
shall conform to the requirements applicable to the entity undertaking the
project.
5
V. SPECIAL PROVISIONS
Nothing in this Agreement shall be construed to prevent or otherwise
modify or abrogate the right of Municipality or County to submit individual
applications for discretionary funds in the event County does not receive
designation as an Urban County entity under the Act.
Nothing in this Agreement shall preclude the Municipality from
establishing a Municipal Housing and Redevelopment Authority pursuant to MN
Stat. 462.425. Nothing in this Agreement shall be deemed to create a county
housing authority pursuant to MN. Stat. 462.426, Subd. 1-4.
Municipality and County mutually agree to indemnify and hold harmless
each other from any claims, losses, costs, expenses or damages resulting from
the acts or omissions of their respective officers, agents and employees
relating to activities conducted by either under this Agreement, the Act or
the Regulations, up to any applicable statutory limits of tort liability.
In the event that there is a revision of the Act and/or Regulations
which would make this Agreement out of compliance with the Act or Regulations,
both parties will review this Agreement to renegotiate those items necessary
to bring the Agreement into compliance.
Both parties understand and agree that the refusal to renegotiate this
Agreement will result in the effective termination of the Agreement as of the
date it is no longer in compliance with the Act and/or Regulations as amended.
6
All funds received by the County under the Act shall be deposited in the
County treasury.
Municipality and County shall maintain financial and other records and
accounts in accordance with the requirements of the Act and Regulations. Such
records and accounts will be in such form as to permit reports required of the
County to be prepared therefrom and to permit the tracing of grant funds and
program income to final expenditure.
Municipality and County agree to make available all records and accounts
with respect to matters covered by this Agreement at all reasonable times to
their respective personnel and duly authorized federal officials. Such
records shall be retained as provided by law, but in no event for a period of
less than three years from the date of completion of any activity funded under
the Act or less than three years from the last receipt of program income
resulting from activity implementation. County shall perform all audits of
the basic grant amounts and resulting program income as required under the Act
and Regulations.
All projects undertaken pursuant to this agreement shall be subject to
home rule charter provisions, assessment, planning, zoning, sanitary and
building laws, ordinances and regulations applicable to the Municipality in
which the project is situated.
The parties mutually agree to take all required actions to comply with
the provisions of the National Environmental Policy Act of 1969, Title VI of
the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968,
7
Executive Order 11988, Section 109 of the Housing and Community Development
Act of 1974 and with all other applicable requirements of the Act and the
Regulations in the use of basic grant amounts. Nothing in this Article shall
be construed to lessen or abrogate County's responsibility to assume all
obligations of an applicant under the Act, including the development of
applications pursuant to 24 CFR 570.300 et seq.
The parties further agree that the Municipality has adopted and has in
force a policy which prohibits the use of excessive force by law enforcement
agencies within its jurisdiction against any individuals engaged in
non-violent civil rights demonstrations and a policy of enforcing applicable
state and local laws against physically barring entrance to or exit from a
facility or location which is the subject of such non-violent civil rights
demonstrations within its jurisdiction.
The parties further agree that the Municipality will take all steps
necessary to assure compliance by the County with its certification required
by Sections 104(b) and 109 of Title I of the Act, Title VI of the Civil Rights
Act of 1964, the Fair Housing Act, and other applicable laws.
The parties further agree that pursuant to 24 CFR 570.501 (b), the
Municipality is subject to the same requirements applicable to subrecipients,
including a written agreement as set forth in 24 CFR 570.503. Such agreements
are only entered into when a Municipality chooses to propose a project and
actually will receive funds from the County's entitlement allocation.
IN
WITNESS
by its
day of
WHEREOF, the parties have caused this Agreement to be
duly authorized officers and delivered on its behalf this
executed
14th
October
1991.
8
APPROVED AS TO FORM:
CITY/TOWN OF
Roseville, Minnesota
CITY MUST CHECK ONE:
Plan A
By:
Its:
BY'~
Its: Ci ty Jl1r1nrlCJpr
X
Plan B
9
COUNTY OF RAMSEY
STATE OF MINNESOTA
By:
Its:
And:
Its:
Chartered
RESOLUTION CONCERNING JOINT COOPERATIVE AGREEMENT
RAMSEY COUNTY COMMUNITY DEVELOPMENT BLOCK GRANTS
*
*
*
*
*
Pursuant to due call and notice thereof, a meeting of the city
Council of the City of Roseville, County of Ramsey, Minnesota was
duly held on the 14th day of October, 1991 at 7:30 P.M.
The following members were present: Thomas, Johnson, Cushman,
Maschka, and Rog, and the following were absent:
None.
Member Thomas
adopted.
moved that the following resolution be
RESOLUTION NO. 8715
WHEREAS, Ramsey County has become an entitlement County for
block grants; and
WHEREAS, the City has agreed to participate in the program,
in 1985 and 1988; and
WHEREAS, Roseville had benefitted from this particular
program; and
WHEREAS, it is more reasonable that the Ramsey County area
suburbs compete between themselves as compared to various
communities on a stat.ewide basis.
NOW THEREFORE, be it resolved that the City of Roseville
supports the Ramsey County Community Development Program; and
BE IT FURTHER RESOLVED, the City Council authorizes entering
into the joint cooperative agreement.
..
Resolution No. 8715
Page 2
The motion for the adoption of the foregoing resolution was duly
seconded by Member Johnson , and upon a vote being taken
thereon, the following voted in favor thereof: Thomas, Johnson, Cushman,
Maschka, and Rog, and the following voted against the same: None.
WHEREUPON said resolution was declared duly passed and adopted.
STATE OF MINNESOTA)
) SS
COUNTY OF RAMSEY )
I, the undersigned, being the duly qualified City Manager of the City
of Roseville, County of Ramsey, State of Minnesota, do hereby certify
that I have carefully compared the attached and foregoing extract of
minutes of a regular meeting of said City Council held on the 14th day
of October, 1991, with the original thereof on file in my office.
WITNESS MY HAND officially as such Manager this 15th
1991.
day of October ,
;
st~ger
.' )
I /.;' \ '\ ' .,
" , "J', 't \ "\ )
. : ,\ /. (. " . \. .
<;) :' / ,SEAL I . i I);
" ) J1 " , I
I ) ) ',' i
) .<",/) ), '-, f
h .,j<'"
') (I;" , ,,' \
\\\~,i/ ) 1\ )
\ , .
,\
'>
JOINT COOPERATION AGREEMENT
THIS AGREEMENT made and entered into by and between the County of
Ramsey, State of Minnesota, hereinafter referred to as "COUNTY," and the
CITY/TOWN of Rnspvj lIe, Minnesota , hereinafter referred to
as "MUNICIPALITY," said parties to this Agreement each being governmental
units of the State of Minnesota, and is made pursuant to Minnesota Statutes,
Section 471.59.
V I T N E SSE T H
WHEREAS, Title I of the Housing and Community Development Act of 1974,
as amended, provides for a program of community development block grants; and,
WHEREAS, Ramsey County, Minnesota qualifies under said law as an "urban
county" eligible to receive community development block grant funds; and,
WHEREAS, the County'S population, among other factors, is a determinant
of the eligibility of the County and the amount of resources which may be made
available to the County to undertake activities under the afore-referenced
law; and,
WHEREAS, part 570, Chapter V of Title 24 of the Code of Federal
regulations sets forth regulations governing the applicability and use of
funds under Title I; and,
1
WHEREAS, Section 570.105, titled "Qualifications As Urban County"
provides that computation of the County's population may include persons
residing in "unincorporated areas" and in "its included parts of general local
government with which it has entered into cooperative agreements to undertake
or to assist in the undertaking of essential activities pursuant to community
development block grants;" and,
WHEREAS, it is in the interest of the City/Town of Roseville,
Hinnesota
to have its population counted together with other
municipalities of Ramsey County who similarly agree;
NOW, THEREFORE, in consideration of the mutual covenants and promises
contained in this Agreement, the parties mutually agree to the following terms
and conditions.
I. DEFINITIONS
For the purposes of this Agreement, the terms defined in this section
have the meanings given to them:
A. "The Ac t" means the Housing and Communi ty Developmen t Ac t of
1974, Title I, of Public Law 93-383, as amended (42 USC 5301
et seq.).
B. "Regulations" means the.rules and regulations promulgated
pursuant to the Act, including but not limited to 24 CFR
Part 570.
C. "HUD" means the United States Department of Housing and
2
Urban Development.
D. "Cooperating Community" means any city or town in Ramsey
County which has entered into a cooperation agreement which
is identical to this Agreement.
The regulations contained in 42 USC 5302 of the Act and 24 CFR 570.3 of
the Regulations are incorporated herein by reference and made a part hereof.
II. PURPOSE
Municipality and County have determined that it is desirable and in the
interests of its citizens that the County qualifies as an urban county within
the provisions of the Act. This Agreement contemplates that identical
agreements will be executed between the County and other cities and towns in
Ramsey County and such numbers will enable the County to so qualify under the
Act.
The purpose of this Agreement is to authorize the County to cooperate
with the Municipality in undertaking, or assist in undertaking, essential
community renewal and lower income housing assistance activities, specifically
urban renewal and publicly assisted housing pursuant to community development
block grants as authorized in the Act. and the Regulations.
III. TERM OF AGREEMENT
The term of this agreement is for a period commencing on the effective
day of August 31, 1991, and terminating no sooner than the end of the third
3
program year covered by the application for the basic grant amount approved
subsequent to the effective date. This Agreement is extended automatically
for each subsequent three-year program period unless written notice of
termination to be effective at the end of the current three year program
period is given by Municipality to County following the same schedule as the
"opt out" notification requirements as established by HUD. The County shall
provide written notification to Municipality of Municipality's right to "opt
out" and terminate this Agreement at least (30) days prior to the "opt out"
date.
Notwithstanding any other provision of this Agreement, this Agreement
shall be terminated at the end of any program year during which HUD withdraws
its designation of Ramsey County as an Urban County under the Act.
This Agreement shall be executed by the appropriate officers of
Municipality and County pursuant to authority granted them by their respective
governing bodies, and a copy of the authorizing resolution and executed
Agreement shall be filed promptly by the Municipality in the office of the
Ramsey County Executive Director, and in no event shall the Agreement be filed
later than August 15, 1991.
IV. METHOD
The Municipality and County hereby agree that they will cooperate to
undertake or assist in undertaking, community renewal and lower income housing
assistance activities, specifically urban renewal and publicly assisted
housing. The County shall prepare and submit to HUD and appropriate reviewing
agencies, all necessary applications for a basic grant amount under the Act.
In making the application, the County shall address the goals and needs of
4
County as developed in meetings between the Municipality, its citizens and the
County, and also addressing the Act and other relevant Minnesota and/or
Federal statutes or regulations. The parties agree to cooperate fully in
establishing priorities and in preparation of the application for a basic
grant amount. Municipality and County agree that the County shall establish a
reasonable time schedule for the development of the grant application.
In preparing the grant application and allocating grant funds received,
the County shall consider projects proposed by the Municipalities. The County
reserves the right to propose projects which are both consistent with the
mutually-established goals, needs and priorities and within the County's
statutory implementation authority. No Municipality shall be required to
propose a project.
It is anticipated by the parties that the party ultimately implementing
a project funded by monies received from the grant may be either the
Municipality or the County. The determination of which party will implement
the project will be made by the parties after consideration of the nature and
scope of the project, and the ability of each party to undertake the project,
thought it is understood by the Municipality that the County shall have final
responsibility for selecting projects from among those proposed by the
Municipalities and the County and filing annual grant requests. The County is
hereby authorized to distribute to the Municipality such funds as are
determined appropriate for the Municipality to use in implementing a project
and the County is hereby authorized to implement projects within the
Municipality as are determined appropriate for the County to implement.
Contracts let and purchases made pursuant to a project under this Agreement
shall conform to the requirements applicable to the entity undertaking the
project.
5
i
v. SPECIAL PROVISIONS
Nothing in this Agreement shall be construed to prevent or otherwise
modify or abrogate the right of Municipality or County to submit individual
applications for discretionary funds in the event County does not receive
designation as an Urban County entity under the Act.
Nothing in this Agreement shall preclude the Municipality from
establishing a Municipal Housing and Redevelopment Authority pursuant to MN
Stat. 462.425. Nothing in this Agreement shall be deemed to create a county
housing authority pursuant to MN. Stat. 462.426, Subd. 1-4.
Municipality and County mutually agree to indemnify and hold harmless
each other from any claims, losses, costs, expenses or damages resulting from
the acts or omissions of their respective officers, agents and employees
relating to activities conducted by either under this Agreement, the Act or
the Regulations, up to any applicable statutory limits of tort liability.
In the event that there is a revision of the Act and/or Regulations
which would make this Agreement out of compliance with the Act or Regulations,
both parties will review this Agreement to renegotiate those items necessary
to bring the Agreement into compliance.
Both parties understand and agree that the refusal to renegotiate this
Agreement will result in the effective termination of the Agreement as of the
date it is no longer in compliance with the Act and/or Regulations as amended.
6
j
All funds received by the County under the Act shall be deposited in the
County treasury.
Municipality and County shall maintain financial and other records and
accounts in accordance with the requirements of the Act and Regulations. Such
records and accounts will be in such form as to permit reports required of the
County to be prepared therefrom and to permit the tracing of grant funds and
program income to final expenditure.
Municipality and County agree to make available all records and accounts
with respect to matters covered by this Agreement at all reasonable times to
their respective personnel and duly authorized federal officials. Such
records shall be retained as provided by law, but in no event for a period of
less than three years from the date of completion of any activity funded under
the Act or less than three years from the last receipt of program income
resulting from activity implementation. County shall perform all audits of
the basic grant amounts and resulting program income as required under the Act
and Regulations.
All projects undertaken pursuant to this agreement shall be subject to
home rule charter provisions, assessment, planning, zoning, sanitary and
building laws, ordinances and regulations applicable to the Municipality in
which the project is situated.
The parties mutually agree to take all required actions to comply with
the provisions of the National Environmental Policy Act of 1969, Title VI of
the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968,
7
,
Executive Order 11988, Section 109 of the Housing and Community Development
Act of 1974 and with all other applicable requirements of the Act and the
Regulations in the use of basic grant amounts. Nothing in this Article shall
be construed to lessen or abrogate County'S responsibility to assume all
obligations of an applicant under the Act, including the development of
applications pursuant to 24 CFR 570.300 et seq.
The parties further agree that the Municipality has adopted and has in
force a policy which prohibits the use of excessive force by law enforcement
agencies within its jurisdiction against. any individuals engaged in
non-violent civil rights demonstrations and a policy of enforcing applicable
state and local laws against physically barring entrance to or exit from a
facility or location which is the subject of such non-violent civil rights
demonstrations within its jurisdiction.
The parties further agree that the Municipality will take all steps
necessary to assure compliance by the County with its certification required
by Sections 104(b) and 109 of Title I of the Act, Title VI of the Civil Rights
Act of 1964, the Fair Housing Act, and other applicable laws.
The parties further agree that pursuant to 24 CFR 570.501 (b), the
Municipality is subject to the same requirements applicable to subrecipients,
including a written agreement as set forth in 24 CFR 570.503. Such agreements
are only entered into when a Municipality chooses to propose a project and
actually will receive funds from the County's entitlement allocation.
IN
~ITNESS
by its
day of
~HEREOF, the parties have caused this Agreement to be
duly authorized officers and delivered on its behalf this
October , 1991.
8
executed
14th
{'
~
,t
" .
APPROVED AS TO FORM:
CITY/TOWN OF
Roseville, Minnesota
CITY MUST CHECK ONE:
By:
Plan A
By: ~~
Its: City Manager
)(
Plan B
9
COUNTY OF RAMSEY
STATE OF MINNESOTA
By:
Its:
And:
Its:
Chartered
..
'--
I'
ROSEVILLE LOCAL DEVELOPMENT CORPORATION
FIRST MEETING OF THE BOARD OF DIRECTORS
Y~bruarv 8 , 1988
ll~L P M.
PROPOSED RESOLUTIONS
RESOLUTION NO. 1
RATIFICATION OF. ACTS OF INCORPORATOR
RESOLVED that all actions of the incorporator as disclosed by
or upon public records be, and the same hereby are, in all things
ra tif ied, conf i rmed, and adopted as the acts and deeds of the
corporation.
RESOLUTION NO. 2
ADOPTION OF INITIAL BYLAWS
RESOLVED that the Bylaws presented to the directors and
rev iewed by them at this meeting be, and the same hereby are,
adopted as the Bylaws of the corporation, and the Secretary hereby
is directed to file them in the minute book of the corporation and
to authenticate them by certificate.
RESOLTUION NO. 3
ELECTION OF OFFICERS
RESOLVED that the following persons be, and they hereby are,
elected to the offices of the corporation set opposite their
respective names to serve until the first annual meeting of the
Board of Directors and until their successors are elected and
qualify, subject to their earlier disqualification, resignation, or
removal:
Name
Office
R. Robert Matson
Vernon Johnson
Joanne Cushman
President
Secretary
Treasurer
r
'-
"
RESOLUTION NO. 4
ADOPTION OF FISCAL YEAR
RESOLVED that the fiscal year of the corporation shall end on
December 31 of each year.
RESOLUTION NO. 5
AUTHORIZATION TO APPLY
FOR TAX EXEMPT STATUS, ETC.
)
RESOLVED that the President or any other officer of the
corporation be, and each hereby is, authorized and directed to take
all necessary and appropriate action (i) to secure for the
corporation recognition that it is exempt from federal income tax
under section 501(a) of the Internal Revenue Code of 1986, as now
enacted or hereafter amended, and from state income tax under
cognate provisions of applicable state law, and (ii) otherwise
cause the corporation to be a party to a request of the Internal
Revenue Service for a ruling on such other matters of tax law
affecting the corporation as such officers are advised by legal
counsel are appropriate subjects of such a request for ruling; and
in connection with the foregoing, to execute any and all
applications, requests, powers of attorney, and related documents
and instruments of whatever nature.
2
~. .
-f
.r
~.
EXTRACT OF MINUTES OF MEETING OF THE
LOCAL DEVELOPNENT CORPORATION OF THE CITY OF ROSEVILLE
*
*
*
*
*
*
*
*
*
*
*
*
Pursuant to due call and notice thereof, a regular meeting of the
Roseville Local Development Corporation, County of Ramsey,
Minnesota was duly held on the 8th of February 1988 at 11:45 p.m.
The following members were present: Johnson, Matson, Cushman,
Kehr, and Rog and the following were absent: None
Member Johnson introduced the following resolution and moved its
adoption:
RESOLUTION NO. 6
AUTHORIZING ROSEVILLE LOCAL DEVELOPHENT CORPORATION TO CONTRACT
~'lITH CITY HANAGER I S OFFICE FOR ADMINISTRATIVE PURPOSES.
WHEREAS, the ROSEVILLE LOCAL DEVELOPHENT CORPORATION has been
properly formed, and,
WHEREAS, the ROSEVILLE LOCAL DEVELOPHENT CORPORATION will require
general staffing and administrative assistance, and,
~'lHEREAS, the ROSEVILLE LOCAL DEVELOPHENT CORPORATION will require
specific staffing for the Villa Park Contract.
NOW, THEREFORE, BE IT RESOLVED, that the ROSEVILLE LOCAL
DEVELOPHENT CORPORATION will contract with the City Manager IS
Office for all administrative activities. As part of these
responsibilities, the City shall deposit all monies, drafts,
checks, etc. in the name of the Corporation. The Local
Development Corporation therefore authorizes the City to disperse
funds and endorse for deposits all checks, notes, and drafts
received by the corporation. The City will be required to
maintain accurate accounts.
The motion for the adoption of the foregoing resolution was duly
seconded by Member Matson and upon a vote being taken thereon,
the following voted in favor thereof: Johnson, Matson, Cushman,
Kehr and Rog, and the following voted against the same: None
WHEREUPON said resolution was declared duly passed and adopted.
.,
r'
Resolution No. ~
Page 2
STATE OF MINNESOTA)
) 55
COUNTY OF RAMSEY )
I, the undersigned, being the duly qualified Mayor of the City of
Roseville, County of Ramsey, State of Minnesota, do hereby certify
that I have carefully compared the attached and foregoing resolu-
tion of the first Annual Meeting of the Local Development Corpora-
tion of the City of Roseville held on the 8th day of February,
1988, with the minutes thereof on file in the office of the City
Manager.
WITNESS MY Hk~D officially as such Mayor this 17th day of February,
,1988.
., t\
; )
" ,SEJ..L
, '" :
; 1,
! ;:
, ,
-- 1" . \,
I
\ )
\ , /'
\ \ \ I /
'-
-- .~
AGENDA
CITY OF ROSEVILLE
FIRST ANNUAL MEETING OF THE
ROSEVILLE LOCAL DEVELOPHENT CORPORATION
(WILL FOLLOW REGULAR COUNCIL MEETING)
FEBRUARY 8, 1988
ROLL CALL
A. REPORTS AND RECOMMENDATIONS
1. Approval of Resolutions 1 through 5, formulating the
Roseville Local Development Corporation.
2. Resolution authorizing Local Development Corporation to
contract with City Manager's office for administrative
purposes.
B. OTHER BUSINESS
C. ADJOURNHENT
.~
REQUEST FOR COUNCIL ACTION
DATE: 2-8-88
ITEt-l NO.: A - J
Depart~val:
Item Description:
Manager Reviewed:
Agenda Section:
Reports & Recommendations
Approval of Resolutions 1 - 5 for~ulating the Roseville
Local Development Corporation.
At previous work sessions, Staff and Council have discussed the formulation
of a Local Development Corporation, which will allow the City to properly
manage the HOD grant money for the Villa Park low interest loan project. A
number of concerns were discussed at a previous work session, relating to
some language in the bylaws, and the potential liability of the
corporation's directors. Letters from Briggs & Morgan, and Peterson, Bell &
r0nverse are attached, relating to these concerns. Briggs and Morgan is
Jating that in view of the fact that the Local Development Corporation
cannot exercise any powers above and beyond what the Board of Directors deem
appropriate, that the broad purposes clause continue to be utilized. With
respect to legal liability, both Briggs & Morgan, and Peterson, Bell &
Converse reference Minnesota statute 317.201. which protects the directors.
In addition, the City code indemnifying City Board member s appl ies to the
Local Development Corporation in Hr. Bell's opinion.
COUNCIL ACTION REQUESTED:
Motion approving/denying the Approval of
Resolutions 1-5 formulating the Roseville
Local Development Corporation.
'-
.'
"
REQUEST FOR COUNCIL ACTION
DATE: 2-0-88
ITEM NO.:~~.J--
Department Approval:
W11
Manager Reviewed:
Agenda Section:
Reports & Reconmendations
Item "Description:
Resolution authorizing Local Development Corporation to
contract with City Manager's office for Administrative
purposes.
If the Local Development Corporation is properly approved, it is appropriate
that the Development Corporation proceed to secure staff assistance. The
following resolution authorizes the City Manager's office to staff the Local
Development Corporation. In addition, it allows for the Managers Office to
conduct the Treasury operation, which will expedite all money matters
relating to the Local Development Corporation.
)
COUNCIL ACTION REQUESTED:
Motion approving/denying the Resolution
authorizing Local Development Corporation to
contract with City Manager's office for
Administrative purposes.
'-
EXTP~CT OF MINUTES OF MEETING OF THE
LOCAL DEVELOPMENT CORPORATION OF THE CITY OF ROSEVILLE
*
*
*
*
*
*
*
*
*
*
*
*
Pursuant to due call and notice thereof, a regular meeting of the
Roseville Local Development Corporation, County of Ramsey,
Minnesota was duly held on the 11th of January, 1988 at 7:30 p.m.
The following members were present:
and the following were absent:
Member
its adoption:
introduced the following resolution and moved
RESOLUTION
AUTHORIZING ROSEVILLE LOCAL DEVELOP~1ENT CORPORATION TO CONTRACT
WITH CITY 11ANAGER'S OFFICE FOR ADMINISTRATIVE PURPOSES.
WHEREAS, the ROSEVILLE LOCAL DEVELOPMENT CORPORATION has been
properly formed, and,
WHEREAS, the ROSEVILLE LOCAL DEVELOPMENT CORPORATION will require
general staffing and administrative assistance, and,
WHEREAS, the ROSEVILLE LOCAL DEVELOPHENT CORPORATION will require
specific staffing for the Villa Park Contract.
NOW, THEREFORE, BE IT RESOLVED, that the ROSEVILLE LOCAL
DEVELOPMENT CORPORATION will contract with the City Manager's
Office for all administrative activities. As part of these
responsibilities, the City shall deposit all monies, drafts,
checks, etc. in the name of the Corporation. The Local
Development Corporation therefore authorizes the City to disperse
funds and endorse for deposits all checks, notes, and drafts
received by the corporation. The City will be required to
maintain accurate accounts.
The motion for the adoption of the foregoing resolution was duly
seconded by Member and upon a 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.
.~
,.'
-'-.
'\
Resolution No.
STATE OF MINNESOTA}
} SS
COUNTY OF RAMSEY }
I, the undersigned, being the duly qualified City Manager of the
City of Roseville, County of Ramsey, State of Minnesota, do
hereby certify that I have carefully compared the attached and
foregoing extract of minutes of a regular meeting of said City
Council held on the 11th of January 1988, with the original
thereof on file in my office.
WITNESS MY HAND officially as such Manager this
January, 1988.
day
o f
James F. Andre
City Hanager
SEAL
!
..
.
,
, ')
ARTICLES OF INCORPORATION
OF
ROSEVILLE LOCAL DEVELOPMENT CORPORATION
The undersigned, a natural person of full age, for the
purpose of forming a corporation under the provisions of the
Minnesota Nonprofit Corporation Act, Minnesota Statutes Chapter
317, and laws amendatory thereof and supplementary thereto, hereby
adopts the following Articles of Incorporation:
ARTICLE I
Name
The name of the corporation is:
ROSEVILLE LOCAL DEVELOPMENT CORPORATION.
ARTICLE II
Purposes
The corporation is organized and shall be operated
exclusively for charitable purposes, as such purposes are legally
defined; excluding, however, any purpose that is not exclusively
charitable within the meaning of sections 170(c) (2), 801(c) (3),
2055(a) (2), and 2522(a) (2) of the Internal Revenue Code of 1986, as
now enacted or hereafter amended (the "Code"). All references in
these Articles of Incorporation to a particular section of the Code
shall mean and include, as now enacted or as hereafter amended,
such section and any provisions of federal or state law as now are
or may hereafter be applicable, cognate to such section.
The corporation at all times shall be operated, supervised,
or controlled by or in connection with, as contemplated by section
509(a) (3) (B) of the Code, the City of Roseville, Minnesota (the
"City"), an organization described in section 509(a) (1) and
l70(b) (1) (A) (v) of the Code. Subject to the foregoing and within
the scope and in furtherance of the charitable purposes herein
provided, the corporation is organized and shall be operated
exclusively ~or the benefit of, to perform the functions of, or to
carry out the purposes of the City, as contemplated by section
509(a) (30(A) of the Code by directly or indirectly advancing,
supporting, romoting conductin administer in or en aqJn in
carIta e actIVIties, causes, ro'ects and programs of ever kind
and nature related or con rl uting to the care 0 t e aged, the
lessening of the burdens of governmentJ the combating of comrrwnity
deterioration, and the promotion of the social welfare throu h
accomplishment of the oregolng. pecI lca y, but without
limitation, the corporation shall facilitate the access of low to
moderate income senior citizens of the City to sound, affordab~
- "
ARTICLE III
Duration
The existence of the corporation shall be perpetual.
ARTICLE IV
Registered Office
The address of the registered office of the corporation in
the State of Minnesota is:
2660 Civic Center Drive
Roseville, Minnesota 55113
ARTICLE V
Capital Stock
The corporation shall not have capital stock.
ARTICLE VI
Board of Directors; Members
The management and direction of the business and affairs of
the corporation shall be vested in a board of directors. The
directors of the corporation shall consist of and shall be limited
to those individuals who from time to time comprise the members of
the City Council of the City, elected or appointed in accordance
with the charter of the City. A member of the City Council, upon
ceasing to hold office as such, automatically shall cease to be a
director of this corporation. His or her successor on the City
Council, so long as he or she continues as a member of the City
Council, shall become and be a director of this corporation. The
powers, authority, and duties of the directors of the corporation,
the time and place of their meetings, and such other provision with
respect to them as are not inconsistent with the express provisions
of these Articles of Incorporation shall be as specified in the
bylaws of the corporation. The directors of the corporation shall
be the only members of the corporation. Each director of the
corporation automatically shall become and be a member of the
corporation concurrently with his or her becoming a director, shall
continue to be a member of the corporation for as long as he or she
is a director, and automatically shall cease to be a member of the
corporation concurrently with his or her ceasing to be a director
of the corporation. Directors shall have voting ri hts onl as
directors and shall have no vot s members.
"
2
ARTICLE VII
Personal Liability
The members, directors and officers of the corporation shall
not have personal liability for any debts or obligations of the
corporation.
ARTICLE VIII
Pecuniary Gain: Inurement
The corporation shall not, incidentally or otherwise, afford
pecuniary gain to its members, as such. No part of the net
earnings of the corporation shall inure, within the meaning of
section 80l(c) (3) of the Code, to the benefit of any member,
director, or officer of the corporation or any other private
individual; provided, however, that nothing herein shall prohibit,
among other things, the payment of reasonable compensation for
services rendered to or for the corporation in the performance of
its charitable purposes.
ARTICLE IX
Political Activity
Not more than an insubstantial part of the activities of the
corporation shall include carrying on propaganda or otherwise
attempting to influence legislation, and the corporation shall not
participate in, or intervene in (including the publishing or
distributing of statements), any political campaign on behalf of,
or in opposition to, any candidate for public office.
ARTICLE X
Receipts of Gifts, Requests, Etc.
In furtherance and not in limitation of the powers conferred
by law, the corporation may take, receive, and hold real and
personal property, including the principal and interest of any
money or other fund, that is given, conveyed, bequeathed, devised
to, or otherwise vested in the corporation in trust for a purpose
consistent with the purpose set forth in these Articles of
Incorporation. Except where a trust instrument prescribes
otherwise, the corporation may invest trust property or its
proceeds in accordance with the laws of the state of Minnesota.
~
3
,-
r
ARTICLE XI
Dissolution; Distribution of Assets
;
Upon dissolution of the corporation, its property and assets
shall be distributed in accordance with the laws of the State of
Minnesota; provided, however, that after the payment of all
liabilities and obligations of the corporation and all costs and
expenses incurred by the corporation in connection with its
dissolution, and subject to any condition or executory or special
limitation requiring, by reason of dissolution of the corporation,
the reversion, return, transfer, or conveyance of any property or
assets held by the corporation, any and all remaining property and
assets of the corporation shall be distributed exclusively for
charitable purposes within the meaning of section 501(c) (3) of the
Code, or to the Federal government or a state or local government
for a public purpose, or to one or more other organizations that
are organized and operated exclusively for charitable purposes
within the meaning of section 801(c) (8) of the Code, all in such
proportions as shall be determined (i) by the Board of Directors if
dissolution of the corporation is not required by the laws of the
State of Minnesota then in effect to be conducted under court
supervision, or (ii) otherwise by a court of competent jurisdiction
if such dissolution is subject to court supervision. In no event
shall any member, director, or officer of the corporation, in any
of such capacities, be entitled to any distribution of the property
or assets of the corporation upon its dissolution.
ARTICLE XII
First Directors
The number of directors constituting the first Board of
Directors of the. corporation is five. The names and addresses of
such directors are:
Name
Address
Frank Rog
1589 Roselawn Avenue West
Roseville, Minnesota 55113
Joanne Cushman
1166 Sherren Street West
Roseville, Minnesota 55113
Vern Johnson
1707 Lydia Avenue
Rosevil1e, Minnesota 55113
Al Kehr
988 West County Road D
St. Paul, Minnesota 55126
Bob Matson
2774 De11wood Avenue
Rosevi11e, Minnesota 55113
4
,,' .
'-
The tenure of the first directors shall be until the
annual meeting of the board of directors in the year 1988 and
until their successors are elected and qualify, subject to
their earlier disqualification, resignation, or removal.
ARTICLE XIII
INCORPORATOR
The name and address of the incorporator is:
Briggs and Morgan
2200 First National Bank Building
St. Paul, Minnesota 55101
IN WITNESS WHEREOF, the undersigned hereunto has set
his hand this 8th day of February, 1988.
&- )
STATE OF MINNESOTA)
) SS
COUNTY OF RAMSEY )
The foregoing instrument was acknowledged before me
this 8th day of February, 1988, by
'-rJ1a~-PD J,J. ~
Notary Public
rHN.8~#'''#~~N-I}l###~''_*''1'''.
i~ ..:;;;';i"';;~.. H;:"qnc, I I 01 ....Sr.N ~
~ .";!f~. ".';. .. ..'~_ _...L_~:"'" I. _t: C .~
')s :!.:-::~ ..!J,Z~:I:~ N01 .'-'.:-tV :-"l~;~jL!C :Jlt\j'\E..'';CT /}" 2
~ \<~~;f'.~.J .6J~OK.~ COU~HY ;
t ~..... My CcmmlS$lon EXPires Sepl !j. 1991 ;
#""~"~"#~#'~#~''''~##,#,~
'--
tr
BYLAWS
....
OF
ROSEVILLE LOCAL DEVELOPMENT CORPORATION
ARTICLE I
OFFICES; CORPORATE SEAL
Section 1.1. Registered Office. The registered off ice of
the corporation in the state of Minnesota shall be located in the
city, town, or other community specified in the Articles of Incor-
poration or any amendment or restatement thereof or in a certifi-
cate of change of registered off ice filed with the Secretary of
State of Minnesota.
Section 1.2. Other Offices. The corporation may have such
other offices, within or without the State of Minnesota, as the
Board of Directors may from time to time determine.
'- -
Section 1.3.
corporate seal.
Seal.
The corporation shall not have a
ARTICLE II
MEMBERS
Section 2.1. Qualification; Number. The articles of
incorporation provide that the directors of the corporation shall
be the only members of the corporation. Accordingly, the
qualifications of members shall be those of directors, and the
number of members shall be limited to the number of persons who
shall, from time to time, compromise the board of directors as
provided in Section 3.2 hereof.
Section 2.2. Property and Voting Rights. No member shall
have any right, title, or interest in or to any of the property or
assets of the corporation and, in accordance wi th the articles of
incorporation, members shall have voting rights only as directors.
Section 2.3. Meetings. Since the directors are the only
members of the corporation and have voting rights only as directors
and not as members, there shall be no meetings of the members as
such.
"
.-
ARTICLE III
'-
DIRECTORS
Section 3.1. General Powers. The property, affairs and
business of the corporation shall be managed by the Board of Direc-
tors.
Section 3.2 Number: Qual i(ication; Term of Office. The
directors of the corporation shall consist of and shall be limited
to those individuals who from time to time comprise the members of
the City Council of the City of Rosev i lIe, Minnesota, elected or
appointed in accordance with the charter of the City of Roseville,
Minnesota. Each director shall hold off ice so long as he or she
remains a member of the City Counsel of the City of Roseville,
Minnesota, subject, however, to his or her rights to resign as a
director of the corporation in ,accordance with Section 3.4 hereof.
Section 3.3. Orga~izatioQ. The Board of Directors may elect
from among its own number a chairman and a vice chairman. If so
elected, the ChaIrman or, in his absence or on hIS failure or
inability to act, the vice chairman (if one be elected) shall
preside at all meetings of the Board and of the executive commit-
tee, if one be constituted. Otherwise, the president of the corpo-
ration shall so preside or, in his absence or on his failure or
inability to act, such person as may be chosen by a majority of the
directors present at any such meeting shall preside. The secretary
of the corporation or, in his absence or on his inability or refus-
al to act, any person who the presiding officer shall appoint,
shall act as secretary of each meeting of the Board and the execu-
tive committee, if one be constituted. Neither the chairman or the
vice chairman, nor any person appointed to act as secretary of a
particular meeting, shall be considered an officer of the corpora-
tion unless otherwise elected as such in accordance with Article IV
of these Bylaws.
Section 3.4. ResignatioQ. A director may resign at any time
by giving written notice to the president or to the secretary of
the corporation. The resignation of a director shall take effect
at the time specified therein, or, if no time is specified there-
in, upon receipt by the off icer of the corporation to whom such
written notice is given; unless otherwise specified therein, the
acceptance of such resignation shall not be necessary to make it
effective.
..
Section 3.5. Annual Meeti~. An annual meeting of the Board
9f Directors shall be held for the purpose of electing the officels
of the corporatIon and for the transactIon ot such other busIness
as shaLL come ~e~o~e the meetlnq. Mulice of bUl.-h meetIng shall lJe
given as provl e In Section 3.9 hereof.
-- ~
Section 3.6. Regular Meetings. Regula r meetings of the
Board of Directors may be held from time to time at such times as
'-
2
..-
the Board may determine by
total number of directors.
given.
.-=
resolution adopted by a majority of the
Notice of regular meetings need not be
,
....
Section 3.7. Special Meetings. Special meetings of the
Board of Directors may be called at any time, for any purpose, by
the chairman of the Board, if one be elected, or by the president
of the corporation, and shall be called by the chairman or the
president, as the case may be, at the written request of not less
than three directors. A meeting called at the request of the
directors shall be held not less than three days nor more than ten
days after the chairman or the president receives the directors I
written request that it be held. Should the chairman or the presi-
dent fail, within one day after the date on which the director's
written request is received, to call a special meeting by giving or
causing to be given notice thereof, the directors requesting that
the meeting be held may fix the time and place of the meeting and
give notice thereof in the manner specified in Section 3.8 hereof.
Section 3.8. Notice of ~eetings. Notice of every annual and
every special meeting shall be mailed to each director, addressed
to him -or her at his or her residence or usua.1 place of business,
at least five days before the day on which the. meeting is to be
held, or be delivered to him or her personally or by telephone, not
later than one day before the day on which the meeting is to be
held. Each such notice shall state the time and place of the
meeting, but need not state the purposes thereof except as
otherwise expressly required by the laws of the State of Minnesota
or these Bylaws.
Section 3.9. Place of Meetings. The Board of Directors may
hold its meetings at such place or places, within or without the
State of Minnesota, as it may from time to time determine.
Section 3.]0. Quorum and Manner of Acting. Except as other-
wise provided by the laws of the State of Minnesota or by these
Bylaws, a majority of the total number of directors shall be re-
quired to consti tute a quorum for the transaction of business at
any meeting of the Board of Directors, and the act of a majority of
the directors present at any meeting at which a quorum is present
shall be the act of the Board. In the absence of a quorum, a
majority of the directors present may adjourn any meeting from time
to time until a quorum be had. Notice of any adj ourned meeting
need not be given other than by announcement at the meeting at
which adjournment is taken.
. Section 3.11. Proxies. A director shall not appoint a proxy
for himself or herself nor shall he or she vote by proxy.
Section 3.12. Committees. The Board of Directors may ap-
point an executive committee, which shall be comprised of three or
more directors, and delegate to such commi ttee any of the powers
and authority of the Board, except as otherwise prohibited by these
'--
3
Bylaws, the Articles of Incorporation, or the Laws of the State of
Minnesota. The executive committee shall have power to act only in
the intervals between meetings of the Board and shall at all times
be subject to the control of the Board. The Board of Directors
also may appoint standing and special committees for such purposes
as shall be specified by the Board. Except as otherwise provided
by the laws of the State of Minnesota or these Bylaws, the Board of
Directors, or if the Board does not act, the committees, shall
establish rules and regulations governing the manner in which the
committee shall act. Notice of all meetings of any committee shall
be given to all members of that committee. A majority of the
members of any committee shall be required to constitute a quorum
for the transaction of business at any meeting of the committee,
and the act of a majority of the members present at any meeting at
which a quorum is present shall be the act of the commi t tee.
Commi ttees shall keep regular minutes of their proceedings and
report the same to the Board .from time to time as the Board may
require. Any committee comprised of persons, one or more of whom
are not directors, shall act solely in an advisory capacity to the
Board.
Section 3.13. Electronic Meetings. A conference among di-
rectors, or among members of any committee designated by the Board
of Directors, by any means of communication through which the
participants may simultaneously hear each other during the confer-
ence consti tutes a meeting of the Board or the commi ttee if the
same notice is given of the conference as would be required for a
meeting and if the number of persons participating in the confer-
ence would be sufficient to consti tute a quorum at a meeting.
Participation in a meeting by that means constitutes presence in
person at the meeting. A director may participate in any other
meeting of the Board Or a committee designated by the Board by any
means of communication through which the director, other persons so
participating, and all persons physically present at the meeting
may simultaneously hear each other during the meeting. Participa-
tion in such a meeting by that means constitutes presence in person
at the meeting.
Section 3.14. Action Without a Meeting. Any action that
could be taken at a meeting of the Board of Directors or the execu-
tive committee, if one be constituted, may be taken without a
meeting when authorized in a writing signed by all of the directors
or all of the members of the executive committee, as the case may
be.
ARTICLE IV
OFFICERS
Section 4.1. Number. The officers of the corporation shall
be a president, a secretary, a treasurer, and, if the Board of
Directors shall so elect, one or more vice presidents and such
'-
4
'-
other officers as may be appointed by the Board. Any two or more
offices, except those of president and vice president, may be held
by the same person.
Section 4.2. Election, Term of Office, and Qualifications.
The officers shall be elected annually by the Board of Directors,
and, except in the case of officers appointed in accordance with
the provisions of Section 4.10 hereof, each shall hold office until
the next annual election of off icers and until a successor is
elected and qualifies, subject to the officer's earlier disquali-
fication, resignation, or removal. The officers need not be direc-
tors of the corporation.
~
Section 4.3. Resignations. Any officer may resign at any
time by giving written notice of this resignation to the Board of
Directors, the president, or the secretary of the corporation. Any
such resignation shall take effec~ at the time specified therein,
or, if no time is specified therein, upon receipt thereof by the
Board of Directors, president, or secretary of the corporation;
unless otherwise specified therein, the acceptance of such resigna-
tion shall not be necessary to make it effective.
Section 4.4. Removal. Any officer may be removed, either
wi th or without cause, by a vote of the Board of Directors at a
meeting called for that purpos~, which purpose shall be statea-Tn
the notIce or waIver of notice of such meeting unless all t1fe
airectors of the corporatIon shall be present thereat.
'"
Section 4.5. Vacancies. A vacancy in any office because of
death, disqualification, resignation, removal, or any other cause
shall be filled for the unexpired portion of the term in the manner
prescribed in these Bylaws for election or appointment to such
office.
Section 4.6. pres ident shall be the chief
executive officer all have eneral and
ac lve management irs of the cor oration.
If a 'c aIrman or vice chairman are not elected by the Board, the
president, when present, shall preside at all meetings of the Board
of Directors and of the executive committee, if one be constituted.
The president shall see that all orders and resolutions of the
Board of Directors are carr ied into effect. The president may
execute and deliver in the name of the corporation (except in cases
in which such execution and delivery shall be expressly delegated
by the Board or these Bylaws to some other officer or agent of the
corporation or shall be required by law to be otherwise executed
and delivered) any deeds, mortgages, bonds, contracts, or other
instruments pertaining to the business of the corporation. The
president shall perform such other duties as may from time to time
be prescribed by the Board of Directors, and, in general, shall
perform all duties usually incident to the office of president.
'-
5
...
Section 4.7. Vice President. Each vice president:, if any
shall be elected jy the Board of Directors, shall have 3UC~
powers and shall perform such duties as may 02 s)eciiied in these
Byla,.1s or prescribec1 6y the Board or jyche }resident. In the
event of absence or disability of the president, the vice
presidents shall succeed to the presidentls power and duties in
the order designated by the Board of Directors.
Section 4.8. Secretary. The secr'2tary
of, and when present, ~hall recorJ ~roceedings
the members of the cor:)oration, tile Boa- and the
ex e c U l.. mrn t tee, i fan e 0 e con s tit ute d . 'r 11 e s e c rei... a r v s 11 all
~ t -
keep a reg1~~er of he names and addresses of all meillbers of the
corporation and shall at all times keep on file a complete c09Y
6f the Articles of Incorporation and all amendments and
restatements thereof and a com?lete copy of these Bylaws and all
anendments a:1d restatements hereof. The secretary shall ':3 ive,
;lhell directed to do so, i)loper notice of j;lcetings o.c d12 lael:l::Jer:3,
~he Bo.-Srd of Directors, and the executive com;aittee, if one ~e
conscituted. The secretarv shall Jerfor;a such other duties ~s
may fro~me to time De ?rescrijed -by the mer.10erS, the Board of
Directors of by the president anJ, in general, shall )2rforD all
duties incident to the office of secretary.
Section 4.9.
certain duties as
Board of Directors.
Corporaxion "d'
Treasurer. The treasurer shall GerfOE.1
may fror:! ti:Tle to tLue j2 }rescribeo oy cne
For qeneral purposes the Local Develop:Tl2nt
'. ,....-!- out trea-' , r2sponsi0ilities. ~
Section 4.10. Other Officers. Agents and Employees. The
cor?oration may l1avesuc11 other officers and agents as may 02
deeDed necessary or appropriate oy the Board of Directors, who
shall je appointed in such manner, ~ave such duties, and hold
their offices for such terms as may be determined by resolution
of the Board of Directors.
Section 4.11. ~. The Board of Directors shall from ti~2
to time deter:nine which, if any, officers of the corJoration
shall be bonded and the amount of each bond, the expense of which
shall be borne by the corporation.
r
v
-\....
.....
ARTICLE V
WAIVER OF NOTICE
Section 5.1. Waiver of Notice. Whenever any notice whatso-
ever is required to be given by the Articles of Incorporation,
these Bylaws, or the laws of the State of Minnesota, such notice
may be waived in writing, signed by the person or persons entitled
to such notice, whether before, at, or after the time stated there-
in or before, at, or after any meeting referred to therein.
Section 5.2. Deemed Waiver. Appearance at any meeting by
any person otherwise entitled to notice thereof shall be deemed a
waiver of notice unless such appearance is solely for the purpose
of asserting the illegality of the meeting.
ARTICLE V
FINANCIAL MATTERS
Section 6.1. Books and Records. The Board of Directors of
the corporation shall cause to be kept:
(a) records of all proceedings of the Board of
Directors, the executive committee, if one be
constituted, and any other committees appointed by the
Board; and
(b) such other records and books of account as
shall be necessary and appropriate to the conduct of the
business of the corporation.
Section 6.2. Documents Kept at Principal Office. The Board
of Directors shall cause to be kept at the principal office of the
corporation originals or copies of:
(a) records of all proceedings of the Board of
Directors, the executive committee, if one be
constituted, and any other committees appointed by the
Board;
(b) all financial statements of the corporation;
and
(c) the Articles of Incorporation and Bylaws of the
corporation and all amendments thereto and restatements
thereof.
Section 6.3. Accounting System; Audit. The Board of Direc-
tors shall cause to be established and maintained, in accordance
with generally accepted accounting principles applied on a consis-
\..
7
.....
tent basis, an appropriate accounting system for the corporation.
The Board shall cause the records and books of account of the
corporation to be audited at least once in each fiscal year and at
such other times as it may deem necessary or appropriate and may
retain such person or firm for such purposes as it may deem appro-
priate.
Section 6.4. Fiscal Year. The fiscal year of the corpora-
tion shall be determined by the Board of Directors.
Section 6.5. Checks, Drafts and Other Matters. All checks,
drafts, or other orders for the payment of bonds, or other
evidences of indebtedness issued in the this corporation shall be
signed by such officer or officers, agent or agents, employee or
employees of the corporation and in such manner as may from time to
time be determined by resolution of the Board of Directors.
ARTICLE VII
INDEMNIFICATION
Section 7.1. In General. Subject to Section 7.2 hereof, the
corporation shall indemnify each person who is or was a director or
officer of the corporation or a member of any committee appointed
by the Board of Directors together with each person who is or was
serving the corporation as an appointed representative to some
other corporation or entity, for actions taken and decisions made
by such persons on behalf of this corporation, to the full extent
required by the laws of the State of Minnesota. The corporation
may provide and maintain insurance on behalf of any person so
indemnified.
Section 7.2. Limitation on Indemnification. Indemnification
pursuant to Section 7.1 hereof shall be for the sole and exclusive
benefit of the persons expressly identified therein, and no other
person, corporation or legal entity of whatever nature shall have
any r.ights thereunder by way of voluntary or involuntary assign-
ment, subrogation, or otherwise.
ARTICLE VIII
AMENDMENTS
Section 8.1. Adoption by Board of Directors.
for amendment of these Bylaws shall be as follows:
The procedure
(a) an amendment may be adopted at any meeting of
the Board of Directors;
'--
(b) notice of the meeting, stating the purpose and
including therewi th a copy of the proposed amendment,
shall be given to each director; and
8
....
(c) at such meeting or any adjournment thereof, the
proposed amendment may be adopted by the affirmative
vote of two-thirds of the directors present and entitled
to vote.
. '-
9
'-
ROSEVILLE LOCAL DEVELOPMENT CORPORATION
WAIVER OF NOTICE OF FIRST MEETING
OF THE BOARD OF DIRECTORS
The undersigned, constituting all of the first directors of
Roseville Local Development Corporation, hereby waive notice of the
time, place, and purpose of the first meeting of the Board of
Directors of the corporation held at 11:45 p.m. on Februarv 8
1988, at 2660 Civic Center Drive, Roseville, Minnesota, and consent
that any and all matters affecting the interests of the corporation
may be considered and acted upon at the meeting.
DATED:
Q ~~/~
tey/; /4: {f ~ / /~J
1'/ J ~/
nI1IIP:?E 'J-?__
c:;7
"'-
I
I
,
/ 1./ "
. ! 1-1 ./ ,J. ,
'. ,/\ ~. .'// i / J -. ;.; /
JU;;:;; % _;:;;::;:.r /
..
"
3
County Commissioners
Diane Ahrens
John 1. Finley
Ruby Hunt
Duane W. McCarty
Hal Norgard
Donald E. Salverda
Warren W. Schaber
RAMSEY COUNlY
Office of the Executive Director
286 Court House 15 W. Kellogg Blvd.
Saint Paul, Minnesota 55102
(612) 298-5980
Terry Schutten, Executive Director
August 13, 1991
Steven Sarkozy, City Manager
City of Roseville
2660 Civic Center Drive
Roseville, Minnesota 55113
Dear Steve,
Six years ago, the U.S. Department of Housing and Urban
Development, hereinafter referred to as HUD, determined that
Ramsey County would be eligible to become an entitlement County
and receive an annual allocation of Community Development Block
Grant (CDBG) dollars in excess of one million dollars. This money
would be to undertake housing and community development activities
primarily benefiting the residents of suburban Ramsey County.
Seventeen suburban communities have chosen to participate in the
agreement process over the past six years, thus, ensuring that a
guaranteed annual allocation would be earmarked for the County and
those suburban municipalities which desire to actively participate
in the program.
This past week, HUD has once again notified us that we remain
eligible to continue participation in this federal program. Our
eligibility and actual dollar amount we receive is based upon the
population accumulated through the number of jurisdictions which
join with us.
Our records show that in both 1985 and 1988, your community signed
a cooperation agreement with the County to ensure our eligibility.
We are again asking that you sign a new agreement at this time. In
order to meet the HUD deadline, our office must have the signed
agreement no later than October 10, 1991.
The cooperation agreement which is enclosed is similar to the
earlier agreements which you have signed. This year, there are two
additional requirements which deal with excessive force and fair
housing. These requirements may be found on page 8 of the
agreement.
For those communities with police departments, we already have
copies of your excessive force policies in our files. The Fair
Housing provisions reference the Federal Fair Housing Act of 1989.
Paper
August 13, 1991
Page Two
Federal regulations
opportunity to "opt
directly with other
We, of course, hope
feel that the County
an allocation for an
also require that we advise you of your
out" of the County's entitlement and compete
cities in the state's small cities program.
that you will not choose this route, as we
program is your best opportunity of receiving
eligible project.
If, however, you do choose to "opt out", please be advised that
you may not have an opportunity to participate with us for the
next three years. "Opt out" notification must be made to both the
County and the local HUD office no later than October 18, 1991.
SIGNING A COOPERATION AGREEMENT DOES NOT REQUIRE THAT YOU ACTIVELY
PARTICIPATE IN THE PROGRAM. IT DOES PROVIDE THE COUNTY WITH THE
NEEDED POPULATION TO QUALIFY AND INFLUENCES OUR ANNUAL ALLOCATION.
We are pleased with the active participation of several of our
municipalities over the past six years. We would like to see more
communities who believe they have an eligible project contact us
about the possibility of funding. It is interesting to note that
every community that has proposed a project that meets the HUD
national objectives, can comply with all of the federal rules and
regulations, and is prepared to proceed, has received an
allocation for their project. In addition, several projects have
been undertaken suburban-wide which benefit low and moderate
income persons in your individual communities.
In summary, we ask that you return the enclosed cooperation
agreements to us no later than October 10, 1991. Either a Council
resolution or a statement from your legal counsel indicating the
authority for the signatories to enter into the agreement should
accompany it. We will return a fully executed copy to you.
Should you have any questions, or need assistance, please contact
Judy Karon, Director of Community and Economic Development, at
292-6461. She will be happy to assist you.
Sincerely,
~~~ --
Terry SChutt~~
Ramsey County Executive Director
TS/gb
Enclosure
cc: Commissioner Salverda
'"
RESOLUTION CONCERNING JOINT COOPERATIVE AGREEMENT
RAMSEY COUNTY COMMUNITY DEVELOPMENT BLOCK GRANTS
*
*
*
*
*
Pursuant to due call and notice thereof, a meeting of the city
Council of the City of Roseville, County of Ramsey, Minnesota was
duly held on the 14th day of October, 1991 at 7:30 P.M.
The following members were present: Thomas, Johnson, Cushman,
Maschka, and Rog, and the following were absent:
None.
Member Thomas
adopted.
moved that the following resolution be
RESOLUTION NO. 8715
WHEREAS, Ramsey County has become an entitlement County for
block grants; and
WHEREAS, the city has agreed to participate in the program,
in 1985 and 1988; and
WHEREAS, Roseville had benefitted from this particular
program; and
WHEREAS, it is more reasonable that the Ramsey County area
suburbs compete between themselves as compared to various
communities on a statewide basis.
NOW THEREFORE, be it resolved that the City of Roseville
supports the Ramsey County community Development Program; and
BE IT FURTHER RESOLVED, the City Council authorizes entering
into the joint cooperative agreement.
...
Resolution No. 8715
Page 2
The motion for the adoption of the foregoing resolution was duly
seconded by Member Johnson , and upon a vote being taken
thereon, the following voted in favor thereof: Thomas, Johnson, Cushman,
Maschka, and Rog, and the following voted against the same: None.
WHEREUPON said resolution was declared duly passed and adopted.
STATE OF MINNESOTA)
) SS
COUNTY OF RAMSEY )
I, the undersigned, being the duly qualified City Manager of the City
of Roseville, County of Ramsey, State of Minnesota, do hereby certify
that I have carefully compared the attached and foregoing extract of
minutes of a regular meeting of said City Council held on the 14th day
of October, 1991, with the original thereof on file in my office.
WITNESS MY HAND officially as such Manager this 15th
1991.
day of October ,
"
"", \ <:
'J '
I ~ ( )
;J: ',~) , , , ,
st~ger
" ) :
( \ ~, " \
/ ~SE~L, I J !
\\,
.' j
) "
" )',
II -)""
) . , " .' \
II \ /)rl~\'\ )
\ "
0
0
Uj
"
CO
-:t
,.....
<I)-
0 0 0 0 0
~ 0 0 0 0 0
Uj 0 0 0 0
" " " ... ...
0 C""l 0 N \,0 ,.....
~ .-l 0 C""l .-l CO
N .-l N .-l
<I)- <I)- <I)- <I)- <I)-
.-l
ell
....
0
....
~ ..0
::l
...:l tI:l
~ 5
tI:l
0
lXl
0 "'0
Z 0'1 OJ OJ OJ
t5 H 0'1 :> 'r-i 5 :>. Ul
.-l 'r-i 4-4 0 .... :>. l-I Ul
0 ~ 4-4 .r-i C) C .... OJ l-I
...:l :>. .... :>. c:: ::l OJ C OJ
~ ::l bO c:: .....r-i 04-4 ;3: .....
\,0 ..0 c:: OJ'r-i U ro o ro
t:) CO 'r-i "'O...-i..... Ul OJ OJ
~~ 0'1 0 0.. 'r-i ell Ul :>. 5..c
~ .-l ..... 0 ;::l OJ OJ "'0 0
...-i bOO"l-I Ul C ..c l-I
bO OJ c:: OJ 5 ro OJ
p.,O H tI:l C :> 'r-i bO..... ro OJ .....
OU ~ 'r-i OJ Ul c:: c:: lXl..c 5 ell
...:l- Z ..c "'0 ;::l'r-i'r-i ..... 0 ;3:
~ 0 Ul o Ul C...-i C) I
H 'r-i 4-4 ..c;::l"'O ro ro c:: ...-i
r.:.:l ~ ;3: 0 o c:: ..0 OJ 'r-i Ul I
0 r-i..cro l-I..c OJ
U ~ Ul OJ ro ;::l ;3: C)
0 c:: Ul ..... CO 5 ..0 l-I 0 ro
~ ...:l 0 o Ul C ro ;::l OJ r-i c::
H :;a tI:l Ul o..l-I OJ c:: l-I Ul..c l-I
H H l-I l-I OJ l-I o bO ..... "'0 ;::l
e5 !::.. OJ ;::l >. 'r-i 0 c:: 0 C::4-4
!::.. 0.. o..;::l be :>...... l-I 'r-i ell
~ 0 ..0 C ...-i C) 0.. "'0 l-I
OJ OJ .r-! 'r-i OJ Ul C ;3: 0 Ul
0 I 5 ..c OJ tIl 5 tI:l OJ l-I ro 04-4 l-I
U 0 ..... 5 ::l ro ..c OJ ...-i 0
C) 0 0 4-4 ..... ..... C bO Ul 0
c:: l-I..c = I OJ ......... ;3: c:: :>'C::"'O
'r-i 0 'r-i OJ 5 O'r-i l-I ell
4-4 OJ r-i ..... 5 0 OJ OJ 4-4 . OJ 0"'0
tI:l ;3: 5 ell r-i l-I ..... 5 0 5 :>...-i C
0 OJ 'r-i .... ;::l o 4-4 'r-i o 0 ro ro
...-i ...-i..... ~ 5 ..... tI:l ..c l-I l-I 0"'0
...-i I Ul bO ..... OJ Ul
0 .r-i ..... 4-4 bOOJ~ OJ ... 0 l-I ;3:
..... :> Ul 0 c:: 5 C) 5 be l-I Ul l-I 0
OJ l-I >. .r-i o ;::l o C 0.. ..... OJ "'0
Ul Ul'r-i r-i Ul "'0 C) l-I C) 'r-i C4-4 c::
c:: Q, O~ 'r-i l-I ro E-< c::..o Ul OJ OJ 'r-i
ro lXl ~ OJ l-I c:: 'r-i 5 'r-i 5 "'0 ;3:
0 'r-! l-I c:: bOObO ;::l..c OJ
...-i tIl c:: 0 !::.. ;3: o..'r-i c:: ;3: r-i ..... :> .......-i
~ OJ 'r-i~ I o ;::l ...... 'r-i 0 0.. o :>. ro
l-I "'0 0 'r-i ro c:: r-I :>. l-I ..... c::
ell OJ ..... >.Ul .... 0 bO C) c:: .....0 o..c:: 0
p., l-I C) OJ ...... OJ r-i ..... c:: o OJ :>,r-I 5 ;::l'r-i
l-I OJ C) l-I 5 ::l 'r-i ...-i "Ci l-I ro"'O 'r-i o Ul
ell OJ 'r-') ~ OJ 0 ::E: Ul"Ci...-i c:: OJ C) OJ u ro
r-i 4-4 0 o....c c:: OJ cU OJ :> 'r-i ..... c:: C)
r-i OJ l-I :> 0 I ro OJ r-I ..0 l-I OJ Ul 0 :>,C)
'r-i "'00.. "'0 l-I >. o c:: Ull:) ell o ..... bO .... 'r-i OJ 0
::> <: o..r-I OJ r-I 'r-i ..c ..... C) l-I C ..... Ul
OJ~ .r-i r-i Ul..c: OJ OJ OJ cU OJ cU 5"'0
I bOl-I I ~ 5 r-i c:: cUE-<..c: lXl Ul r-I ..... S :> cU c::
cU cU 0 cU 'r-i 0 '-" ...... c:: OJ OJ l-I 0::: cU
U bOp., U ~ :> 'r-i OJ >. ro OJ :> OJ
0 ...... ~ c:: OJ ...... r-I 5 .... 0 ... l-I 0 Ul c::
...:l l-I ro o OJ tIl cUr-I 0 C r-I r-I cU l-I c:: cU c::
Or-l 'r-i ...-i 0 ...... .r-i Ul l-I ::l ro 0.- 0..0 0
OJ 5r-1 OJ .......0 lXl 'r-i :>"Ci~ 0 "'0 C) Ul S C) l-I 'r-i
r-i 'r-i r-i .r-i cU r-I OJ l-I U OJ 'r-i OJ H ;::l......
~ r-i "Ci ::0- r-i Ul"Ci 4-4 'r-i Ul cU"Ci l-I c:: l-I >..0 cU
'r-i c:: .r-i 'r-i l-I 0 .0 o "Ci OJ >. l-I ro ;::l ~ bO;::lr-l
H :> o 0 :> ;::l 0 cUO::: c:: c:: OJ OJ..c: ...... l-I Ul ;::l
tI:l OJ C) ...... OJ O"~ >. ..c cU l-I Ul 4-4 C) ro l-I OJ Ul
::;:, tIl OJ c:: Ul C)~ .... OJ>.......cu ~ OJ OJ OJ OJ c:: c:: c::
0 0 tI:l .r-i 0 <: cU 'r-i 0:::.0 Ul OJ Cl 5~ C r.:.:l .r-i 'r-i
= lXl lXl u lXl r.:.:l
o
o
0'\
0 0 0
0 0 0
0 -.:t 0 ~
.. .. ..
-.:t -.:t 0
CO 0 0
...-t N E-4
0 0 0
0 0 0
0 0 0
0 -.:t 0
.. .. ..
-.:t -.:t 0
CO 0
...-t N
0 0 0
~ ~ ~
ell ell ell
.... .... ....
0 0 0
.... .... ....
~ ~ ~
=' =' ='
tf.l tf.l tf.l
'"" ..c:
0) () 0)
.... 'rl rl bO rl
d ..c: 0) rl I:: 'rl I
0) :;. ..c: 'rl 'rl cd N
U ..... :> ..... l-l ..... I
l-l 0) 'rl 0 0)
:>. 0) 0) UJ"-I "-I l-l
.... ..... ..... o 0)
'rl I:: cd p::; I:: 0) 0)
S 0)"-1"0 0) ..... bO
U 0 0 I::..c 'rl l-l
~ 5 0) UJ cd
:>,rl 5 0) UJ rl
0 ..... cd 0 :;. cd bO
U 'rl :> () ..... I:: cd
I:: 0 () 0)"0 'rl ,-....
~ ~ 5 cd ..c 0) ~4-l .
5 0) 'rl () 0 I::
'r-! 5 l-l 0 bO"-I 0) =' 0
:> 0 ..... I:: 'rl .... l-l ..... 0..
l-l U 0) 'rl ..... .f"i ..... I:: ~
.r-! ..c: bO ..... d tf.l 0)
ell :;...... I:: ..... 0) l-l 5"0
i:z.< 0) 'rl 0)"0 ~ 0) 0..0)
'rl "0 "0 UJ 'r-! C) 500)
I :> I::rl =' l-l rl l-l
tf.l l-l cd.rl rl 0) '"" OO)bO
~ C""1 'rl ~ ell l-l E-l 4-l :> cd
N cdUJ..c 5 cd OJ OJ
\0 i:z.< 5 l-l CJ ~ "0 "0 UJ
cd OJ o 0 I:: 0) cd
g: ::1:1= OJ l-l..c: "-I..c:OJ 'r-! 'rl 0)
..c: bO..... I:: :;. .rl S o....c: "0
0 .... ..... 0 'rl l-I ~ ..... 'rl
p::; () l-I I:: ..c: OJ OJ () cd
Po; 'r-! 0 0.. . rl ~ I:: ..... 0.. "0 CJbOo..
x: l-l ..... cd ~ >< I:: o I:: (lJ
H .... l-I UJ o (lJ 0) I:: 'rl l-l
UJ UJ 0 l-I < I:: :>. rl ~ ....
~I 'r-! ...... 'rl (lJ"O Po; 'rl rl ~ UJ :>.
Q I:: I:: 'rl (lJ "0 (lJ ~ I:: 'rl rl
(lJ (lJ l-l rl I ..... 1::"0 I cdUJrl
rl 5 UJl-l..c CJ cd 0 ~ UJ ~
tf.l 0 (lJ cd cd 0) cd 5 OJ ..c: cd "-I
~ 0 :> OJ ..c UJ ~ ...... UJ Po; ~ UJ
H ..c: o..c: 'rl ~ I:: l-I OJ 0 ~ 'rl "-I I::
E-4 () l-I.....rl"O ~ 'r-! 0 (lJrl ...:l 'rl rl o cd
H tf.l 0.. cd U :> CJ CJ 0 g: :> 0 0
...:l 5 (lJl-I"O ~ 0) 'rl l-I OJ 5 (lJ....:I
H .... 'rl ...... ~ I:: UJ (lJ"-I ~ UJ (lJ UJ ........
U I:: cd ..... cd 0 1::"-1 UJ Q 0 "0 0
< 0) rl "0 CJ p::; o 0 'rl p::; 0..
i:z.< "0 cd 0 (lJ:>' tf.l I ..c: U 0 l-I
I:: CJ5.....rl 4-l o (lJ ..... H 4-l ..... ~ l-l
U 0) .rl 5 'rl l-I U 0 ..... () x: 0 0..(lJ
H 0.. UJo..c: OJ H I 'rl 5 0 I:: ......
...:l OJ :>,CJCJ"O ...:l :>. (lJrl 0 Z :>. cd (lJ I::
~ "C ..c: CJl-lrl ~ .... I:: 0 l-I 0 .... o..c: OJ
d Po; cd cd OJ 'r-! o 0.. "-I U 'r-! ....:I..... ()
Po; H Po; U ~ U
c::
Q) 0
U) l-l
;:l ro
b4
.j...J
c:: .j...J :>-.
Q) () "t:l..-l
.,-i Q) ;:l0\
..--l 'r-') ....,0\
() 0 ..-l
l-l :>-.
:>-. . 0.. .!:l
.!:l - c:: 0\
. 0 l-l "t:l
"t:l ..--l .,-i 0 Q) l-l
Q) ..--l .j...J ~ l-l Q)
.j...J H ro ro.!:l
ro ..--l Q) 0..0
Q) - :>-. ;:l ..--l Q).j...J
c:: U) ..--l 0.. .!:l l-l ()
.,-i Q) ..--l 0 ro p.,O
..--l () ro 0.. ..--l
Q) .,-i .j...J .,-i
"t:l > c:: :>-. ro
l-l Q) .j...J >
:>-. Q) ~ c:: ro
..--l en ;:l
.,-i "t:l 0 c::
"t:l be c:: U 0
ro c:: ro .,-i
Q) .,-i :>-. .j...J
l-l ..--l U) Q) ro
Q) U) U) ()
Q) Q) U) Q) Ei 0
>"t:l c:: ..--l ro ..--l
ro ;:l ;:l Q) P::: ..--l
..c:..--l 0 Ei ro
() u 0 c::
.j...J c:: :::c: ro Q)
o .,-i .j...J .!:l ..c:
c:: .!:l Q) l-l .j...J
Q) Q) ..c: ;:l
0 U) Cl .j...J .!:l 0
"t:l Q) ;:l .j...J
..c: "t:l l-l U)
Q)E-< c:: 0 0
:;. ro ~ ..--l 0
ro l1") I
..c: .j...J U) .j...J ('V)
() U) c:: Q) 0 N I
.,-i .j...J Q) .,-i .j...J 0\
..c: c:: Ei .j...J \0
:;. Q) Q) .,-i Q) -ur
"t:l be ..--l ..c:
U) .,-i ro .,-i .j...J :>-.
Q) U) c:: U) - () ..--l
.,-i Q) ro .j...J c:: ro ~ Q)
.j...J l-l ~ c:: 0 !:%.. 0 .j...J
.,-i Q) .,-i ro
> Q) ..--l "t:l .j...J Q) ~ Ei
.,-i ..--l U) ro .,-i .,-i l-l l1") .,-i
.j...J ..--l Q) .,-i U) "t:l ro \0 ~
() .,-i .,-i () Q) "t:l U 0
ro > l-l c:: l-l ~ l1") l-l
Q) Q) Q) ro Q) ..-l 0..
Q) U) U) Ei c:: Q) Ei .j...J -ur 0..
() 0 l-l 0 .,-i ..--l ;:l ;:l ro
.,-i P::: ;:l :::c: !:%.. ..--l .,-i () :>-.
> z I '-" .,-i l-l ~ ..--l "t:l
l-l Q) ~ > ro '-" Q) Q)
Q)..--l U) I Q) ..--l .j...J .j...J
tIl.!:l .,-i Q) Q) U) 0 ro ;:l
.,-i U) l-l () 0 en l-l Ei .!:l
() be .,-i ro .,-i P::: '-" Q) .,-i .,-i
'r-i .,-i l-l ..c: > .j...J ~ l-l
..--l..--l U en l-l be c:: 0 .j...J
.!:l Q) Q) c:: Q) Q) l-l c::
;:l en .,-i Ei U 0.. 0
0..0 .j...J 0 0.. ()
.j...J :>-. Q) c:: ',-i :::c: ..--l ro
Q) .j...J () 0 ~ ro U)
"t:l Q) Q) .,-i .,-i Q) be () U) ro
.,-i ..--l ',-i > U) c:: c:: .,-i .,-i ..c:
:;'.D () l-l c:: Q) .,-i "t:l
I ro 0 Q) Q) .D U) Q) c:: c::
:>-'..--l en en .j...J l-l ~ 0 0
.j...J .,-i ~ U) ;:l .,-i .,-i
c:: ro Q) ..--l W .... Z :>-. .j...J .j...J
;:l > Ei ro c:: Q) ro ro
0 ro 0 .,-i :>-. Q) :>-. U) ..--l ..--l
U :::c: () .j...J Ei .j...J Ei ;:l ;:l
Q) 0 c:: Q) c:: ro 0.. 0..
l-l"t:l U) en ;:l > ;:l P::: 0 0
Q) ro , 0 0 0 0.. 0..
..c: Ei c:: c:: U l-l U ..--l .j...J
.j...J Q) ro Q., ;:l U) U) c::
0 c:: l-l l-l :>-. El :>-. ro Q)
Q) "t:l Q) Q) H Q) p., Q) Q) Ei
..--l Q) ..--l ..c: U) U) ..--l ..--l Q)
ro.!:l .,-i .j...J Ei () Ei ..--l ..--l U)
l-l ..c: ;:l ro .,-i ro .j...J .,-i .,-i l-l
~I Q) Q) U ....::l P::: ..--l P::: en > > ;:l
> > .!:l Q) Q).D
Q) ro =' U) U) U)
en..c: p., 0 o .,-i
P::: P:::"t:l
LAW OFFICES OF
* AlSO ADMITTED IN WISCQ'\lSIN
PETERSON. B ELL. CONVERSE & JENSEN
ST. PAUL OFFICE
2100 AMERICAN NATIONAL BANK BUILDING
101 EAST FIFTH STREET
ST. PAUL, MINNESOTA 55101
TELEPHONE (612) 224-4703
FAX (612) 223-8070
ROSEVILLE OFFICE
2780 NORTH SNELLING AVE., SUITE 327
ROSEVILLE, MINNESOTA 55113
TELEPHONE (612) 631-8489
FAX (612) 631-2475
REPLY TO:
ERWIN A. PETERSON
ROBERT C. BEll
WilLARD L. CONVERSE
ROGER A. JENSEN
KURT F. WALTHER
MARTIN J. COSTEllO
JAMES C. ERICKSON'
DAVID S. ANDERSON
THOMAS D. McCORMICK'
WilLIAM M. DRINANE
CAROL A. BALDWIN
SCOTT B CROSSMAN
DAVID R. FENSKE
CAROLINE BEll BECKMAN
st. Paul
November 7, 1991
Mr. Craig Waldron
Director of Community Development
City of Roseville
2660 Civic Center Drive
Roseville, Minnesota 55113
Re: Satisfaction of Mortgage of Villa Park Project
Our File No. 1011-19
Dear Craig:
Enclosed is original mortgage document dealing with the loan to
Ruth M. Ottoson by the Roseville Local Development Corporation,
which apparently has been paid in full, and Nick Ensrude's note
requesting the preparatiQn of the satisfaction.
The Development Corporation should be convened and a resolution
should be adopted authorizing the Chairman and the Secretary of
the Development Corporation to execute the satisfaction. It
should then be returned to me for filing.
If you have any questions, please call me.
JENSEN
RAJ/eld
Encl.
M- ;~'5.~gft~'S, 8
EXTRACT OF MINUTES OF MEETING OF THE
CITY COUNCIL OF THE CITY OF ROSEVILLE
*
*
*
*
*
*
*
*
*
*
*
Pursuant to due call and notice thereof, a regular meeting of the
Roseville Local Development Corporation, County of Ramsey, Minnesota
was duly held on the 12th day of November, 1991, at 7:55 p.m.
The following members were present: Cushman, Thomas, Johnson, Maschka,
and Rog, and the following were absent: None.
Member Johnson introduced the following resolution and moved its
adoption:
RESOLUTION NO. 7
MRS. RUTH M. OTTOSON SATISFACTION OF MORTGAGE
WHEREAS, The Roseville Local Development Corporation loaned $20,000 to
Ruth M. Ottoson as part of its Villa Park C.D.B.G. Program; and
WHEREAS, Ruth Ottoson has now paid back the total amount of the loan;
and
WHEREAS, The Local Development Corporation should execute a satisfac-
tion of Mortgage confirming this repayment;
NOW, THEREFORE, BE IT RESOLVED, that the Roseville Local Development
Corporation is authorized to execute a satisfaction of Mortgage docu-
ment for Ruth M. Ottoson.
The motion for the adoption of the foregoing resolution was duly
seconded by Member Thomas, and upon a vote being taken thereon, the
following voted in favor thereof: Cushman, Thomas, Johnson, Maschka,
and Rog, and the following voted against the same: None.
WHEREUPON said resolution was declared duly passed and adopted.
~-OaJt,)L )
/J~ nne, Cushman, Secretary
cL6cal Development Corporation
EXTRACT OF MINUTES OF MEETING OF THE
CITY COUNCIL OF THE CITY OF ROSEVILLE
*
*
*
*
*
*
*
*
*
*
*
Pursuant to due call and notice thereof, a regular meeting of the
Roseville Local Development Corporation, County of Ramsey, Minnesota
was duly held on the 12th day of November, 1991, at 7:55 p.m.
The following members were present: Cushman, Thomas, Johnson, Maschka,
and Rog, and the following were absent: None.
Member Johnson introduced the following resolution and moved its
adoption:
RESOLUTION NO. 7
MRS. RUTH M. OTTOSON SATISFACTION OF MORTGAGE
WHEREAS, The Roseville Local Development corporation loaned $20,000 to
Ruth M. Ottoson as part of its Villa Park C.D.B.G. Program; and
WHEREAS, Ruth Ottoson has now paid back the total amount of the loan;
and
WHEREAS, The Local Development Corporation should execute a Satisfac-
tion of Mortgage confirming this repayment;
NOW, THEREFORE, BE IT RESOLVED, that the Roseville Local Development
Corporation is authorized to execute a satisfaction of Mortgage docu-
ment for Ruth M. Ottoson.
The motion for the adoption of the foregoing resolution was duly
seconded by Member Thomas, and upon a vote being taken thereon, the
following voted in favor thereof: Cushman, Thomas, Johnson, Maschka,
and Rog, and the following voted against the same: None.
WHEREUPON said resolution was declared duly
and adopted.
/~9 nne, Cushman, secretary,
..... Local Development Corporatlon
REQUEST FOR DATE: 11-12-91
LOCAL DEVELOPMENT CORPORATION ACTION
ITEM NO.:
Department Approval:
0\1( '~
~
Manager Reviewed:
Agenda section:
Resolution
Item Description:
Local Development Corporation Resolution:
Mrs. Ruth Ottoson satisfaction of Mortgage.
Backqround:
1. The City Council should adjourn and meet as the Local
Development Corporation after the formal Council session.
2. As part of the Villa Park C.D.B.G. project, Ruth Ottoson was
loaned $20,000 for a purchase of a condominium.
3. That loan has now been properly repaid and the Local
Development Corporation needs to execute a Satisfaction of
Mortgage document.
Staff Recommendation:
1. The mortgage has been properly paid and staff recommends
execution of the aforementioned document.
Council Action Requested:
1. Motion to approve resolution to execute Satisfaction of
Mortgage document for Ruth Ottoson at the Villa Park project.
REQUEST FOR COUNCIL ACTION
DATE: 10-14-91
ITEM NO. :
Manager Reviewed:
~cz1
Agenda section:
Hearings
cription:
Resolution: Joint cooperative agreement for
Ramsey County Community Development Block
Grants.
Background:
1. six years ago, HUD determined that Ramsey County would be
eligible to become an entitlement County and thus receive an
annual allocation of C.D.B.G funds.
2. Through the utilization of this approach, ,the Ramsey County
suburbs compete within themselves, not on a State wide basis.
3 .
Roseville has chosen to participate in thi1 project, and
benefitted from the program in a significant manner.
City has continued to participate in the program
agreements were signed in both 1985 and 1986.
has
The
as
4. A list of the Roseville projects, as well as a resolution is
submitted for your perusal.
Alternatives:
1. The City could opt out of the program and compete on a State
wide basis for community Development Block Grant funds.
Financial Implications:
1. The Block Grant program has provided assistance for projects
in the city that would not have moved forward without block
grant assistance.
Staff Recommendation:
1. It is recommended that Roseville continue to participate in
the Ramsey County Block Grant system and thus, the resolution
should be approved.
Council Action Requested:
1. Motion to approve Resolution: Joint cooperative agreement
for Ramsey County Community Development Block Grants.
0
0
~
..
CO
-:t
,.....
{/}
0 0 0 0 0
~ 0 0 0 0 0
~ 0 0 0 0
.. .. .. .. ..
0 ("l'1 0 N \.t:) ,.....
~ ...-l 0 ("l'1 .-t CO
N ...-l N ...-l
{/} {/} {/} {/} {/}
M
~
...
0
...
~ ..c
::l
....:I tI)
~ 5
tI)
aa
0 "0
Z 0'1 Cl} Cl} Cl}
t3 H 0'1 :> .~ e; :>. Ul
...-l .~ ~ 0 ... :>. l-l Ul
0 ~ ~ .~ () =... Cl} l-l
....:I :>. ... :>.= ::l Cl} = Cl}
~ ::l bO = ....~ O~ ~ ...
\0 ..0 = Cl}.~ U (tl o (tl
~ co .~ "Or-f'" Ul Cl) Cl}
~- tI) 0'1 0 0. .~ (tl Ul :>. e;..c:
~ ...-l ... 0 ::l Cl) Cl}"O 0
~~ r-f bOO"l-l Ul = ..c: l-l
bO Cl} = Cl} e; (tl Cl)
p.,Q H tI) = :> .~ bO'" (tl Cl) ...
ou ~ .~ Cl} Ul = = P:<..c: e; (tl
....:1- Z ..c: "0 ::l'~'~ ... 0 ~
~ 0 Ul o Ul =r-f () I
H .~ ~ ..c: ::l"O ~ (tl = ......
~ ~ 0 o = ..0 Cl) .~ Ul I
Q r-f..c: (tl l-l..c: Cl)
u ~ Ul Cl} (tl ::l ~ ()
0 = Ul ... co e; ..0 l-l 0 (tl
~ ....:I 0 0 Ul = (tl ::l Cl) r-f =
~ ~ tI) Ul 0. l-l Cl} = l-l Ul..c: l-l
~ H l-l l-l Cl} l-l 0 bO ... "0 ::l
i::r.< Cl} ::l :>. .~ 0 = 0 =~
i::r.< 0. o.::l be :>.... l-l .~ (tl
~ 0 ..0 c:: r-f () 0. "0 l-l
Cl) Cl} .~ .~ Cl} Ul c:: ~ 0 Ul
0 I e; ..c: Cl} tIl e; tI) Cl} l-l (tl o~ l-l
U 0 ... e; ::l (tl ..c: Cl) r-f 0
() 0 0 ~ ... ... = bO Ul 0
= l-l..c: = I Cl} - ~ = :>,="0
.~ 0 .~ Cl} e; o.~ l-l (tl
~ Cl) M ... e; o Cl} Cl}~ . Cl}0"O
tI) ~ e; ~ r-f l-l ... e; 0 e; :>r-f =
0 Cl} .~ ... ::l o ~.~ o 0 (tl (tl
r-f r-f'" m e; ... tI) ..c: l-l l-l 0"0
r-f I Ul bO ... Cl} Ul
0 .~ ... P:< ~ bOCl}~ (IJ .. 0 l-l ~
... :> Ul o = e; () e; bOl-l tIl l-l 0
Cl) l-l >. .~ o ::l o = 0. "'Cl}"O
Ul Ul'~ M tIl"O () l-l () .~ =~ =
= Gb o~ .~ l-l (tl E-< =..0 Ul Cl) Cl} .~
(tl P:< ~ Cl) l-l = .~ e; .~ e; "0 ~
0 .~ l-l = bO 0 bO ::l..c: Cl}
r-f tIl = 0 i::r.< ~ o..~ = ~ r-f ... :> ... r-f
~ (IJ .~ ~ I o ::l ... .~ o 0. o :>. (tl
I-i "0 Q .~ (tl = r-f :>. l-l ... =
~ Cl) ... :>,Ul ..... 0 bO()= ....0 0.= 0
p., l-l () (IJ ... Cl) M ... = o Cl} :>,r-f e; ::l .~
l-l Cl} () l-l e; ::l .~ r-f "0 l-l (tl"O .~ o Ul
~ Cl) 'r-) ~ Cl} 0 x: Ul"Or-f = Cl} () Cl} u ('Ij
M ~ 0 o...c: = Cl) ('Ij Cl) :> .~ ... = ()
r-f Cl} l-l :> 0 I ('Ij Cl) ,...; ..c l-l Cl} tIl 0 :>.()
.~ "0 0. "0 l-l :>. o = Ull:) ~ 0'" bO ... .~ Cl} 0
> <: o.r-f (IJ r-f .~ ..c: ... () l-l = ... Ul
Cl)~ .~ M Ul..c: (]) (IJ (]) ('Ij Cl) ('Ij e;"O
I bOl-l I ~ S M = ('IjE-<..c: P:< Ul r-f ... e; :> ('Ij =
('Ij ('Ij 0 ('Ij .~ 0 "-" ......, = (]) Cl) l-l P:< ('Ij
U bOP-. U ~ :> .~ (]) :>. ('Ij (]) :> (])
5 ......, 5 = Cl) ......, r-f S ... 0 ~ l-l 0 Ul =
l-l ('Ij o (]) tIl ('Ijr-f 0 = r-f r-f ('Ij I-i = ('Ij =
Or-f .~ r-f 0 ......, .~ Ul l-l ::l ('Ij 0. 0..00
(IJ e;r-f Cl) """'..0 P:< .~ >"O~ 0 "0 () Ul el () l-l .~
r-f .~ r-f .~ ('Ij r-f (]) l-l U (]) .~ (]) H ::l""'"
~ r-f "0:> r-f Ul"O ~ .~ Ul ('Ij"O l-l = l-l :>'..0 ('Ij
.~ = .~ .~ l-l 0 ..00"0 (]) :>. l-l ('Ij ::l ~ bO::lr-f
H :> o 0 :> ::l 0 ('IjP:< = = OJ Cl}..c: ......, l-l Ul ::l
tI) Cl} () ......, OJ O"~ :>. ..c: ('Ij l-l tIl ~ () ('Ij I-i (]) Ul
::;, tIl (]) = tIl ()~ ..... Cl) :>'''''''' ('Ij ! (]) (]) Cl) OJ = = =
0 0 tI) .~ 0 <: ('Ij .~ P:<..oUl Cl) Q s~ ~ 1::Ll'~ .~
= P:< P:< U
o
o
0'1
1.0
C""l
~
~
0 0 0
0 0 0
0 -.:t 0 ~
.. .. ..
-.:t -.:t 0
CO 0 0
~ N E-l
<Ir <Ir <Ir
0 0 0
0 0 0
0 -.:t 0
.. .. ..
~ -.:t 0
CO 0
~ N
<Ir <Ir <Ir
r-I r-I r-I
nl nl nl
""' ""' ""'
0 0 0
""' ""' ""'
.t:J .t:J .t:J
::l ::l ::l
tn tn tn
~ ..!::
OJ CJ OJ
""' .,..; r-I bO r-I
I:: ..!:: OJ r-I c:: .,..; I
OJ :;. ..!:: .,..; .,..; nl N
U ...... :> ...... l-l ...... I
l-l OJ .,..; 0 OJ
>> OJ OJ Ul4-l 4-l l-l
""' ...... ...... 0 OJ
'r-! c:: m p::; c:: OJ OJ
S OJ 4-l '\:! OJ ...... bO
U o 0 C::.t:J .,..; l-l
~ S OJ Ul m
>,r-I S OJ Ul r-I
0 ...... m 0 :;. m bO
U .,..; :> CJ ...... I:: m
c:: 0 CJ OJ'\:! .,..; ,-...
:- ;::l S m .t:J OJ ~4-l
OJ S OJ .,..; CJ 0 I::
'r-! S l-l 0 b04-l OJ ;::l 0
:> 0 ...... I:: .,..; ""' l-l ...... 0.
~ U OJ .,..; ...... 'r-! ...... I:: ;::l
.r-! ..!:: bO ...... c:: tn OJ
nl :;. ...... c:: ...... OJ l-I S"O
.... OJ .,..; OJ'\:! ~ OJ 0. OJ
.,..; '\:! '\:! Ul .,..; CJ S 0 OJ
I :> I::r-I ::l l-l r-I l-l
tn l-l m.,..; r-I OJ l-I o OJ bO
~ M .,..; ;::l m l-l E-l 4-l :> m
N m Ul.t:J S m OJ OJ
IJ:) ~ S l-I CJ ~ "0 '\:! Ul
m OJ o 0 c:: OJ m
~ '*1= OJ l-I..!:: 4-l..!::OJ 'r-! .,..; OJ
..!:: bO...... c:: :;. .,..; a c...!:: '\:!
0 ""' ...... 0 .,..; l-I ;::l .......,..;
p::; CJ l-l c:: ..!:: OJ OJ CJ m
p., .,..; 0 0. .,..; ~ c:: ...... 0. '\:! CJ bOO.
x: ~ ...... co ;::l x I:: o c:: OJ
H ..... l-l Ul o OJ OJ c:: .,..; l-l
Ul Ul 0 l-l ~ c:: >, r-I ;::l ......
~I .,..; ...... .,..; OJ'\:! .,..; r-I ~ Ul >,
Q c:: c:: .,..; OJ '\:! OJ ~ c:: .,..; r-I
OJ OJ l-lr-l I ...... C::'\:! I mUlr-l
r-I S Ull-l..o CJ co 0 ~ Ul ;::l
tn 0 OJ m co OJ co S OJ ..!:: m4-l
>>=l 0 :> OJ..o Ul r-I ...... Ul p., r-I Ul
H ..!:: o..!:: .,..; r-I c:: l-l OJ 0 r-I .,..; 4-l c::
E-l CJ l-l......r-I'\:! >>=l .,..; 0 OJr-I ....:l .,..; r-I 0 co
H u:l 0. m u :> CJ CJ 0 ~ :> 0 0
....:l S OJ l-l'\:! ~ OJ .,..; l-l OJ S OJ....:l
H ..... .,..; ...... ;::l c:: Ul OJ4-l >>=l Ul OJUl'-"
U I:: co ...... co 0 C::4-l Ul 0 0 '\:! 0
<: OJ r-I'\:! CJ p::; o 0.,..; p::; 0.
.... '\:! m 0 OJ >, tn I ..= u 0 l-l
I:: CJS......r-I 4-l o OJ ...... H 4-l ...... ;::l l-l
U OJ .,..; S .,..; l-I U 0 ...... CJ x: 0 0. OJ
H 0. UlO"= OJ H I.,..; S 0 I:: ......
....:l OJ >,CJ CJ'\:! ....:l >> OJ r-I 0 Z >> co OJ I::
~ "t:l ..!:: CJ l-lr-l ~ ""' c:: o l-l 0 ""' O..!:: OJ
I:: p., m m OJ .,..; o 0. 4-l U .,..; ~...... CJ
p., H p., U >>=l U
c:::
Q) 0
UJ 14
::l cO
bG
-I-'
c::: -I-' :>.
Q) C) "0..--1
0""; Q) ::l0\
r-i '1""") ...,0\
C) 0 ..--I
14 :>.
:>. 0 0.. ..0
..0 ,-... c::: 0\
0 0 14 "0
"0 r-i 0""; 0 Q) 14
Q) r-i -I-' I.!-l 14 Q)
-I-' H cO cO..c
cO r-i Q) 0..0
Q) ,-... :>. ::l r-i Q)-I-'
c::: UJ r-i 0.. ..0 14 C)
0""; Q) r-i 0 cO ,:l.,O
r-i C) cO 0.. r-i
Q) 0""; -I-' ''''';
"0 > c::: :>. cO
14 Q) -I-' >
:>. Q) ::E: c::: cO
r-i U) ::l
0""; "0 0 c:::
"0 bO c::: U 0
cO c::: cO ''''';
Q) 0""; :>. -I-'
14 r-i UJ Q) cO
Q) UJ UJ C)
Q) Q) UJ Q) 5 0
>"0 c::: r-i cO r-i
cO ::l ::l Q) P:: r-i
..c:::r-i 0 5 cO
C) U 0 c:::
-I-' c::: ::t: cO Q)
o 0""; -I-' ..0 ..c:::
c::: ..0 Q) 14 -I-'
Q) Q) ..c::: ::l
0 UJ Q -I-' ..0 0
"0 Q) ::l -I-'
..c::: "0 14 UJ
Q)E-< c::: 0 0
:;. cO I.!-l r-i 0
cO L!") I
..c::: -I-' UJ -I-' M
C) UJ c::: Q) 0 N I
0""; -I-' Q) '''''; -I-' 0\
..c::: c::: 5 -I-' \.0
:;. Q) Q) '''''; Q) {f}-
"0 bO r-i ..c:::
UJ 0""; cO 0""; -I-' :>.
Q) UJ c::: UJ ,-... C) r-i
0""; Q) cO -I-' c::: cO I.!-l Q)
-I-' 14 ::E: c::: 0 J:r." 0 -I-'
0""; Q) 0""; cO
> Q) r-i "0 -I-' Q) ~ 5
0""; r-i UJ cO '''''; 0""; 14 L!") ''''';
-I-'r-i Q) 0""; UJ "0 cO \.0 ~
C) 0""; 0""; C) Q) "0 U 0
cO > 14 c::: 14 <tl L!") 14
Q) Q) Q) cO Q) ..--I 0..
OJ UJ UJ 5 c::: Q) 5 -I-' {f}- 0..
C) 0 14 0 0""; r-i ::l ::l cO
0""; p:: ::l ::t: J:r." r-i '''''; C) :>.
> z I '-' 0""; 14 <tl r-i "0
i-I Q) <tl > cO '-' Q) Q)
OJr-i UJ I Q) r-i -I-' -I-'
UJ..c 0""; Q) Q) UJ 0 cO ::l
0""; UJ 14 C) 0 U) 14 5 ..0
C) bO 0""; cO '''''; p:: '-' Q) '''''; ''''';
0""; 0""; 14 ..c::: > -I-' ~ 14
r-ir-i U U) 14 bO c::: 0 -I-'
..0 Q) Q) c::: Q) Q) 14 c:::
::l U) '''''; 5 U 0.. 0
0..0 -I-' 0 0.. C)
-I-' :>. Q) c::: 0""; ::t: r-i cO
Q) -I-' C) 0 I.!-l cO UJ
"0 Q) Q) '''''; '''''; Q) bO C) UJ cO
0""; r-i 0""; > UJ c::: c::: '''''; 0""; ..c:::
:;'..0 C) 14 c::: Q) 0""; "0
I cO 0 Q) Q) ..0 UJ Q) c::: c:::
:>.r-i U) U) -I-' 14 ::E: 0 0
-I-' 0""; ~ UJ ::l 0""; 0"";
c::: cO Q) r-i I:il .... Z :>. -I-' -I-'
::l > 5 cO c::: Q) cO cO
0 cO 0 0""; :>. OJ :>. UJ r-i r-i
U ::t: C) -I-' 5 -I-' 5 ::l ::l
Q) 0 c::: OJ c::: cO 0.. 0..
14"0 UJ U) ::l > ::l p:: 0 0
Q) cO ~ 0 0 0 0.. 0..
..c::: 5 c::: c::: U 14 U r-i -I-'
-I-' Q) cO 0.. ::l UJ UJ c:::
0 c::: 14 14 :>. 5 :>. cO Q)
Q) "0 Q) Q) H Q) ,:l., Q) Q) 5
r-i Q) r-i ..c::: UJ UJ r-i r-i Q)
cO..c 0""; -I-' 5 C) 5 r-i r-i UJ
14 ..c::: ::l cO 0""; cO -I-' '''''; 0""; 14
!I Q) Q) U .....:l p:: r-i p:: U) > > ::l
> > ..0 Q) Q)..c
Q) cO ;::l UJ UJ UJ
U)..c::: ,:l., 0 o 0"";
p:: p::"O
REQUEST FOR ROSEVILLE LOCAL DEVELOPMENT
CORPORATION ACTION
DATE: 9-10-90
ITEM NO. :
Department APp~val:
(!/~jjA!)
Item DescriJ~on:
Manager Reviewed:
Agenda section:
Roseville Local
Development Corp.
Authorization to enter into three agreements
relating to the community Development Block
Grant for moderate priced single family homes.
If the Local Development corporation will recall, it had approved
the submission of a Community Development Block Grant, to assist
with the construction of six single family homes at Old Highway 8.
In order to move forward with this project, the City needs to
authorize entering into three agreements.
1. Aqreement between Ramsev County and the Roseville Local
Development Corporation
The standard agreement between the Local Development
Corporation and Ramsey County needs to be signed. This
agreement regulates the relationship between Ramsey County
and the Roseville Local Development Corporation. This is
virtually the "boiler plate" agreement that has been utilized
for the Villa Park, Lincoln, and P.A.Y.E.R, programs. Mr.
Bell has reviewed this application and has approved its
signature (copy not attached due to length).
2. Purchase Agreement Relating to the Rosewood Knoll Property
The Local Development Corporation must first purchase the
property from Argo Construction that would then be
transferred to Advanced Design. This agreement relates to
potential defaults, existing litigation, hazardous
substance, local ordinance violations, etc. (copy not
attached due to length).
3. Development Contract with Advanced Design (copy attached)
This agreement conveys the land purchase from Arco to
Advanced Design. The agreement indemnifies the City in terms
of hazardous waste considerations and requires the developer
to construct the homes on the site. In addition, a letter of
credit is required to ensure that the outlot with the
petroleum contamination is properly cleaned and the building
is indeed constructed on Lot 4. It should also be pointed
out that the development corporation will also be loaning
$30,000 to facilitate the purchase of one of the outlots.
(The development corporation will not be in the chain of
title on the lot). This short term loan from the existing
economic development fund (bond fees), will also be secured
by a letter of credit.
Briggs and Morgan has reviewed agreements 2 and 3 and does recommend
moving forward with them. A representative from Briggs and Morgan
will be at the meeting to discuss the specifics relating to these
agreements.
COUNCIL ACTION REQUESTED: Motion to approve authorization to enter
into the following three agreements: 1)
Agreement between Ramsey County and the
Roseville Local Development Corporation;
2) Purchase Agreement Relating to the
Rosewood Knoll Property; and 3)
Development Contract with Advanced
Design.
Jr'
.w
council (
t,tlE: C
RoseV ie,
hea on
__........"", ~_.,.______--""",___~,__.__~_~Wff'~..._-_..-...-_.-..
p.m,
c
1
.1./
660 C
! relat
ion.
an os
o
VI 1
f e
()
proj
t:he
a
9. 2
r
o
. 0 r~
\ ..
06
7' (~jnl-)
d S r"i tLFL8.,CUJ.I_
LAW OFFICES
BRIGGS
AND
~10RGAN
PROFESSIONAL ASSOCIATION
2200 FIRST NATIONAL BANK BUILDING
SAINT PAUL, MINNESOTA 55101
TELEPHONE 1(12) 291-1215
TELECOPIER (612) 222 -4071
INCLUDING THE FORMER FIRM OF
LEVITT, PALMER, BOWEN, ROTMAN & SHARE
July 18, 1990
Mr. Craig Waldron
Economic Development Director
City Hall
2660 civic Center Drive
Roseville, Minnesota 55113
Re: Tax Increment Financing Inquiries
Dear Craig:
You have asked the question whether tax increments derived
from the Housing Alliance elderly housing project (Villa Park)
can be used to finance a pedestrian walkway around the Villa Park
Housing project. A pedestrian walkway that would be used by
residents of Villa Park and other City residents would be a
capital cost financeable under the tax increment financing law.
If the modified budget for Tax Increment District No. 3 provides
for public improvements in an amount sufficient to finance those
public improvements previously constructed and this pedestrian
walkway, it will not be necessary to amend the Tax Increment
Financing Plan. If the budget is not large enough or does not
identify public improvements as a financeable public cost, then
it will be necessary to amend the Tax Increment Financing Plan.
You have asked the question whether the City can loan or
grant tax increments to owners of substandard homes within
Development District No. 1 for rehabilitation and upgrading of
homes to remove blighting conditions. The City established
Development District No. 1 pursuant to provisions of Minnesota
statutes, sections 469.124 through 469.134. The provisions of
those statutory sections do not contemplate such a program.
However, we think there is a way to structure this so that tax
increments can be loaned or granted for such purposes. The City,
pursuant to the provisions of Minnesota Statutes, Section
2270 HN WORLD TRADE CENTER
SAINT PAUL, MINNESOTA 1313101
1m2 I 291 - 1215
2200 FIRST NATIONAL DA....'lK BUILDING
SAINT PAUL, MINNESOTA 55101
(0I8) 201 . 1:.2.113
2400 IDS CENTER
MINNF..APOIJS, MINNESOTA 55402
iel21 339.0001
BRIGGS AND MORGAN
Mr. Craig Waldron
July 18, 1990
Page 2
469.082, may exercise all of the powers of a port authority
provided by Minnesota statutes, sections 469.04~ to 469.068.
Pursuant to the powers granted in Minnesota statutes 469.059,
Subdivision 15, it may exercise powers and duties of a housing
and redevelopment authority under Minnesota Statutes, section
469.001 to 469.047. Under these statutory sections a housing and
redevelopment authority may undertake housing projects,
redevelopment projects and housing development projects. In
adgition, under the provisions of Minnesota Statutes, section
469.041, housing and redevelopment authorities have the power to
make loans or contributions for redevelopment projects. This
language would allow the City, under its port authority and
housing and redevelopment powers, to loan or grant tax increments
for the purpose of rehabilitating houses as part of a
redevelopment project. Procedurally, the City would hold a
public hearing and create a redevelopment project area, the
boundaries of which would be coterminous with the boundaries of
the Development District, and would adopt a Redevelopment Plan
for the purposes of outlining its redevelopment goals with
respect to the redevelopment project area. These goals would
include the loan or grant of tax increment proceeds to the owners
of the substandard homes for rehabilitation purposes.
You have also asked the question whether the City could loan
or grant tax increments to NCR Corporation to finance the cost of
a portion of the expenses incurred in NCR's rehabilitiating its
existing facility in Roseville for manufacturing or other uses.
We would use the same analysis and procedures set forth in the
above discussion on the loan or grant of tax increments to
homeowners for rehabilitation purposes.
Please let me know whether the City intends to pursue these
projects because it will be necessary to prepare a redevelopment
plan and resolutions establishing the redevelopment project area
and adopting the redevelopment plan.
Very truly yours,
h1fLA.t;t <1 4~
Mary L. Ippel
MLI:ct