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Home My WebLink About02-087 - ADMIN Resolution - City Council - 2002/08/19RESOLUTION NO. 02-087 RESOLUTION APPROVING THE CREATION OF SPECIAL SERVICE DISTRICT NO. 3 ADVISORY BOARD, APPOINTS THE ADVISORY BOARD MEMBERS, AND APPROVING THE BY-LAWS RELATING THERETO 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 Special Service Districts, and WHEREAS, on April 15, 2002, the City Council adopted Ordinance No. 2224-02 authonzing the creation of Special Service District No 3, and WHEREAS, Section 8 of City Ordinance 2224-02 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 authonzes the creation of the Advisory Board for Special Service Distnct No. 3, approves the By -Laws relating thereto, attached as Exhibit A, and appoints the following property owners within Special Service Distnct #3 to the Advisory Board: NAME ADDRESS Rachel Fitzgerald Bob Fine Steve Wolfe Karen Walders Bob Cunningham Reviewed for Administration: 4911 Excelsior Blvd. 4811 Excelsior Blvd. 4701 Excelsior Blvd. 4509-4601 Excelsior Blvd. Excelsior & Grand COMPANY Old World Antiques Latitudes/Laundromat Steve's Park Amoco Lang -Nelson Bldg. TOLD Company Ad..ted by he City Council on August 19, 2002 Attest: 411. Mayo Resolution No. 02-087 - 2 - Exhibit A BYLAWS OF SPECIAL SERVICE DISTRICT NO. 3 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 District #3 (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 District. 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 District 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 Distnct. 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 #3 Advisory Board shall consist of a maximum of seven (7) 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 31st 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 wntten• 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 majority 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 majority of the remaining Advisors constitutes a quorum. The acts of a majority 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. 2.4) Annual Meeting. An annual meeting of the Advisory Board shall be held in January of each calendar year on a date and at a reasonable time and place designated by the Advisory Board. The Secretary or the City shall prepare and mail notices of all annual meetings to the Advisory Board members and all Owners at least ten (10) days in advance of such meeting. a o s Resolution No. 02-087 3 2.5) Regular Meeting. Regular meetings of the Advisory Board shall be held at the time and place as may be fixed by resolution adopted by a majority of the Advisory Board The Secretary or the City shall prepare and mail notices of all regular meetings to the Advisory Board members and all Owners at least ten (10) days in advance of such meeting. 2.6) Special Meetings Special meetings of the Advisory Board may be called by the President as a matter of discretion. A special meeting shall be called by the President, and when so requested, shall be held within thirty (30) days but not less than 24 hours following the date of the request The President shall notify the Secretary and the City of a special meeting and the Secretary or the City shall prepare and mail notices as required by the Bylaws 2.7) Notice of Meetings. Notice of the date, time, and place of each meeting of the Advisory Board shall be mailed to each Advisor and Owner within the time penod specified in these Bylaws. The notice shall include an agenda for the meeting. 2.8) Compensation. Advisory Board members shall receive no compensation from the Advisory Board or the City. 2 9) Special Committees. The President may appoint such special committees as may be recommended by the Advisory Board. The committees are subject at all times to the direction of the Advisory Board. Committee members need not be members of the Advisory Board. Special committees may be dissolved by a majonty vote of the Advisory Board. ARTICLE III Officers 3.1) Election, Term of office. At its first meeting of each calendar year, the Advisory Board shall elect from its membership a President, Vice President, and Secretary. Officers shall hold office for one year or until their successors are elected, provided, however, that any officer may be removed with cause by the affirmative vote of a majority of the Advisory Board present at a regular or special meeting. 3.2) President. The President shall preside at all meetings, appoint committees, and perform such other duties as may be ordered by the Advisory Board. All other officers shall be subject to the direction and authonty of the President. 3.3) Vice President. The Vice President shall have such powers and perform such duties as may be prescnbed by the Advisory Board. In the event the office of the President becomes vacant, the Vice President shall succeed to the President's powers and duties. 3.4) Secretary. The Secretary shall record the minutes of all meetings of the Advisory Board. The Secretary shall give proper notice of all meetings of the Advisory Board. 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. Resolution No. 02-087 - 4 - ARTICLE IV Waiver of Notices 4.1) Whenever any notice is required to be given by these Bylaws, a waiver in wnting, 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 altenng, 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.