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HomeMy WebLinkAbout02-086 - ADMIN Resolution - City Council - 2002/08/19RESOLUTION NO. 02-086 RESOLUTION APPROVING ADVISORY BOARD APPOINTMENTS AND ADVISORY BOARD BY-LAWS FOR SPECIAL SERVICE DISTRICT NO. 2 WHEREAS, a change in Advisory Board members is needed due to property ownership changes WHEREAS, a change in Advisory Board By-laws is needed to reflect actual operating practices. WHEREAS, Minnesota Statues Section 428A.07 enables the City Council to create an Advisory Board for the purpose of providing general oversight and advisement on activities and matters involving the Distnct WHEREAS, on May 19, 1997, the City Council adopted Ordinance No. 2093-97 authorizing the creation of Special Service Distnct No. 2, and WHEREAS, Section 8 of City Ordinance 2093-97 enables the City Council to create an Advisory Board for the purpose of providing general oversight and advisement on activities and matters involving the Distnct. NOW THEREFORE BE IT RESOLVED that the City Council approves the By -Laws relating to thereto, as attached in Exhibit A and appoints the following property owners within Special Service Distnct No. 2 to the Advisory Board NAME Sanders M. Ackerberg Lyndly Opitz David J. Payne J. S. (Jack) Rosman, Jr. Esta Miller Ira Patel Reviewed for Administration: ll/ City Manager Attest: ADDRESS 4021 Excelsior Blvd. 4320 Excelsior Blvd. 3912 Excelsior Blvd. 3900 Excelsior Blvd. 3947 Excelsior Blvd. 3924 Excelsior Blvd A' epte• .y the City Council on August 19, 2002 Mayo Resolution No. 02-086 - 2 - Exhibit A BYLAWS OF SPECIAL SERVICE DISTRICT NO. 2 ADVISORY BOARD ARTICLE I General Provisions 1 1) The City Council for the City of St. Louis Park has appointed an Advisory board (the "Advisory Board") for the Excelsior Boulevard Special Service Distnct #2 (the "District") in accordance with Minn. Statute 428A.07. The function of the Advisory Board is to advise the City Council on issues relating to the construction, maintenance and operation of improvements and the furnishing of special services within the Distnct. In addition, the Advisory Board may make recommendations to the City Council based upon input received from owners, occupants and users of property located within the Distnct and subject to a service charge. The Advisory Board shall have the opportunity to review and comment upon any proposal brought before the City Council to provide services or impose service charges within the District. 1.2) The Advisory Board is established by resolution passed by the City Council pursuant to Minnesota Statute. The City Council, at its discretion, may pass a resolution terminating or suspending the Advisory Board and at its sole discretion, may remove members of the Advisory Board with or without cause. ARTICLE II Advisors 2.1) Number, Term of Office. The Special Service Distnct #2 Advisory Board shall consist of a maximum of nine (9) members (Advisors) who are appointed by the City Council. The City may appoint one additional non-voting member to the Advisory Board to act as a liaison between the City and the Advisory Board. Advisors shall serve two-year terms, which terms shall run to the 31S` of December of the second full year of service and may be renewed and will continue until a successor is appointed. 2.2) Voting. At all meetings of the Advisory Board, Advisors shall be entitled to vote in person or by written proxy. Each Advisor shall be entitled to one (1) vote on all motions. Except as otherwise required by the Bylaws, all elections and all questions should be decided by a majonty vote of the number of Advisors entitled to vote and represented at the meeting. 2.3) Quorum The presence of a majority of the Advisory Board shall constitute a quorum for the transaction of business, provided, however, that if any vacancies exist by reason of death, resignation, or otherwise, a majonty of the remaining Advisors constitutes a quorum. The acts of a majonty of the Advisors present at the meeting at which a quorum is present shall be the acts of the Advisory Board, except in such cases where a larger number is required by these Bylaws. The submission of a written, signed proxy shall constitute attendance by the Advisor submitting such proxy. • • • Resolution No. 02-086 - 2 Exhibit A BYLAWS OF SPECIAL SERVICE DISTRICT NO. 2 ADVISORY BOARD ARTICLE I General Provisions 1.1) The City Council for the City of St. Louis Park has appointed an Advisory board (the "Advisory Board") for the Excelsior Boulevard Special Service Distnct #2 (the "District") in accordance with Minn Statute 428A.07. The function of the Advisory Board is to advise the City Council on issues relating to the construction, maintenance and operation of improvements and the furnishing of special services within the Distnct. In addition, the Advisory Board may make recommendations to the City Council based upon input received from owners, occupants and users of property located within the Distnct and subject to a service charge. The Advisory Board shall have the opportunity to review and comment upon any proposal brought before the City Council to provide services or impose service charges within the District. 1.2) The Advisory Board is established by resolution passed by the City Council pursuant to Minnesota Statute. The City Council, at its discretion, may pass a resolution terminating or suspending the Advisory Board and at its sole discretion, may remove members of the Advisory Board with or without cause ARTICLE II Advisors 2 1) Number, Term of Office. The Special Service District #2 Advisory Board shall consist of a maximum of nine (9) members (Advisors) who are appointed by the City Council. The City may appoint one additional non-voting member to the Advisory Board to act as a liaison between the City and the Advisory Board. Advisors shall serve two-year terms, which terms shall run to the 31S` of December of the second full year of service and may be renewed and will continue until a successor is appointed. 2.2) Voting. At all meetings of the Advisory Board, Advisors shall be entitled to vote in person or by written proxy. Each Advisor shall be entitled to one (1) vote on all motions. Except as otherwise required by the Bylaws, all elections and all questions should be decided by a majonty vote of the number of Advisors entitled to vote and represented at the meeting. 2.3) Quorum. The presence of a majority of the Advisory Board shall constitute a quorum for the transaction of business; provided, however, that if any vacancies exist by reason of death, resignation, or otherwise, a majonty of the remaining Advisors constitutes a quorum. The acts of a majonty of the Advisors present at the meeting at which a quorum is present shall be the acts of the Advisory Board, except in such cases where a larger number is required by these Bylaws. The submission of a written, signed proxy shall constitute attendance by the Advisor submitting such proxy. Resolution No. 02-086 4 Exhibit A 3.5) Vacancies If there is a vacancy among the officers of the Advisory Board, such vacancy shall be filled by the majority vote of the remaining members of the Advisory Board. ARTICLE IV Waiver of Notices 4.1) Whenever any notice is required to be given by these Bylaws, a waiver in wasting, signed by the person or persons entitled to said notice, whether before, at, or after the time stated therein, shall be deemed equivalent to any notice required. Attendance by an Advisory at a meeting of the Advisory Board is a waiver of notice of that meeting. ARTICLE V Amendments 5.1) Upon the vote by a two-thirds majonty of the Advisory Board, the Advisory Board may recommend to the City Council that it pass a resolution altering, amending or repealing these Bylaws. No alteration or amendment of these Bylaws shall be effective until the City Council approves the same by resolution duly adopted. The Council may also, on its own initiative, pass a resolution altenng or amending the Bylaws.