94-1528 , Council File # q� � �5 �'
0 R I G I N A L Green Sheet # 29105
� ESOLUTION
CITY OF S NT PAUL, MINNESOTA f
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Presented By Planning and Economi Development �
Referred To Committee: Date
1 RESOLUTION APP � OVING A SECOND AMENDMENT
2 TO JOINT PO RS AGREEMENT FOR THE
3 MINNEAPOLIS/SAIN PAUL HOUSING FINANCE BOARD
4 AND AUTHO ZING EXECUTION THEREOF
5
6
A
7 WHERE S:
8
9 A. The Housin and Rede �elo ment Authorit of the Cit of Saint Paul Minnesota
g P Y Y �
10 (the "HRA") and the Minneapolis Co unity Development Agency (the "CDA") entered into
11 a Joint Powers Agreement dated as of ecember 1, 1984 (the "Original Joint Powers Agreement")
12 establishing the Minneapolis/Saint Pa � 1 Housing Finance Board (the "Housing Finance Board")
13 pursuant to Minnesota Statutes, Secti n 471.59, including subd. 11 thereof; and
14
15 B. The HRA, CDA and C' I y of Minneapolis, Minnesota ("Minneapolis") entered into
16 a First Amended Joint Powers A reement dated as of November 1, 1986 (the "First
17 Amendment"), which First Amendme t was acknowledged and accepted by the City of Saint Paul
18 ("Saint Paul") and by the Housing Fi ance Board (the "Board"); and
19
20 C. The HRA, CDA, Mi � eapolis, Saint Paul and Board have determined that it is
21 necessary and desirable to enter int i a further amendment to the Joint Powers Agreement, as
22 heretofore amended, to make certain,'changes with respect to governance of the Board;
23
24 NOW THEREFORE BE IT SOLVED, by the City Council of the City of Saint Paul,
25 Minnesota, as follows:
26
27 1. There has been subm � ed to this City Council a form of Second Amendment to
28 Joint Powers Agreement to be date as of October 1, 1994 (the "Second Amendment") which
29 Second Amendment makes certain �changes in Section 6 of the Joint Powers Agreement, as
30 amended, to permit any member of he HRA Board of Commissioners or the Minneapolis City
31 Council to be designated as an "act' g member" of the Board in place of a duly appointed and
32 acting member of the Board, either or certain purposes or for a certain period of time, but only
33 if a regular member will be tempor ily absent or disabled. This City Council hereby finds and
34 determines that the changes made toithe Joint Powers Agreement by the Second Amendment are
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1 necessary and desirable and in the best nterest of the public purposes served by the Board, and
2 the Second Amendment is approved.
3
4 2. The Mayor and Director, Department of Finance and Management Services of the
5 City are hereby authorized and directe to execute and deliver the Second Amendment in the
6 name of and on behalf of the City. Th Second Amendment shall be executed and delivered in
7 substantially the form approved by this City Council, with only such changes therein as may be
. - 8 necessary to correct any errors, clarify y language or are otherwise consistent with the purposes
9 of this resolution. Such officers are fu her authorized and directed to provide such certificates,
10 certified copies of this resolution, ar ther items as may be necessary to evidence the due
11 authorization, execution and delivery o the Second Amendment.
12
13 3. This resolution shall tak effect immediately.
.
uer n Ye �� Requested by Department of:
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e ar --
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Form Approved by City Attorney
Adopted by Council: Date y B. �� �
Adoption Certified by Council Secre ry
g a, , Approv b ayor for Su mission to
� � Counc � �
� APProve���y May r : D�te � `� � � � � � ,� n �,
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By : � �,_ By ; ��.� �_ �i ,;,, � -�� �-� - :��
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DE NT NCIL DATE RIATED N� �+� O
P.E.n. 1 GREEN S►HE T
ACT R A PHONE � DEPARTMENT DIRECTOR � � CITY COl1NCIL �
Kat Lindblad 66614 � F � ��'TMA ❑G�''��
MU BE COUNCIL Af3EN ( 1 8UDf3ET DIRECTO � FIN. 6 M�iT. BERVtCE$ QIR:
10/19/94 "'"''OF [I.� G Bestro
TOTAL #� OF SKiNA'WRE PAQE8 1 (CWP I.L LOCATION8 FOR �ONIITURE)
ACTION RE�IlEBTED: . I
i
Amendment to Joint Powers Agreement r the Mfnneapalis/Saint Paul Housin.g Finance Board
RECOIrIMENDAT�iS: Ap�xovs (A1 a RsHd (R) p� ONAL SERYICE COMTRACTS MUS7 Al�iMiEN 111E FOLLOMIIN�i QI�I�TIONB:
_ PLANNINa c�►M�ss�a� _ civ1L sERVICE c�MM�ss�oN 1. as tnia pertonmrm � worked undst . contrect tor mis dp.nm.nt4
_ CIB COMMITTEE _ YE3 NO �
2. as this psreon/Hrm evsr bssn e cily anplayee?
— �� — YES NO �
_ o�sTR�cr couar _ s. s en�s psraonrtirm poses� a sku� na nonn.Ny pouesesd br e�nr a,rroM cit�r employ«4 �
BuPPORT8 NMICFi t�UNCIL Oe,IECTrvE4 YES NO �
Ex In all y�s answ�rs on Np�nbt sl�t a�d Nt�oh to OrNn N�t I
INITIATINO PROBL.EM. IS3UE. OPP4)R'TUNITY (YVho. VVlrt. YVINn. VVhere. WhYI.
Full schedules of Councilmembers in b h ci.ties often make it di€ficult to obtain a
quorum. The Joint Board recammen.ds t proposed amendmen� which would allow any HRA
Commissioner to be designated as an " ting member." } �
RECEIVED
ADVANTAGES IF APPROVED:
TY pT�n�NEY f '
Ahility of Joint Board to obtain q rum improve�. I �
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DISADVANTAOES IF APPROVEO:
N�Unri�� �l�:�G�1���1 ��+i� P'ir
OCT 11 1994 �
I
l
DiBADVANTAOE8IF NOT APPROYED: � - _ �
1
i
1
Joint Board quorum increasingly di icult to obtain. i �
E
j
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f
{{
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t
TOTAL AMOUNT OF TRANdACT10N $ NA COST/REVENlJE OUDCi�TED (CIRCIE ONE) YES NO � �
i f
FtiNDIWQ SOURCE ACTIVITY NUMSER
FINANCIAL INFORMATION: (EXPLAIN)
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NOTE: COMPLETE DIRECTIONS ARE INCLUDED IN THE GREEN SHEET INSTRUCTIONAL
MANUAI AVAILABLE IN THE PURCHASING OFFICE (PHONE NO. 298-4225). � °-
ROUTINd ORDER:
Below are ooRect rouW�gs for the flve most frpuent tqpes of documents:
CONTRACTS (sesumes autho�izsd budget enisfs) COUNCIL RESOLU'fi'ION (ArrNnd BudqetaJAc�ept. Cirants)
f
1. (�utside Agoncy 1. Department Director �
2. Departmsnt Director 2. Budpet Drcector � j
3. City Attorney 3. City Attomey f
4. Mayor (fw cxmtrads over 515,000) 4. MeyoNAssigtant �
5. Human Righta (tor co�acts over 550,000) 5. City Caunc� �
8. Fir�ance and Management Services Oirector 6. Chief Accauntan� Fa��e and M�►�emeni Servioes
7. Fiaance Accounting 1
i
ADMINISTRATIVE ORDERS (Bu�et Reviaion) COUNCiI RESOLUTION (all �a, and OrdManoss) �
R
1. Activity Manager 1: Department Director i
2. Department Accountent 2. City Attorney ;
3. Department DireCtor 3. Mayor Assistent �
4. Budget Director 4. City Council �
5. City Clerk i
6. Chiet Accountant, Ffnence and Manspement Services , j
ADMINISTRATIVE ORDERS (all others) 1
L �epartment Dicectw ,
2. City Attarney �
3. Finance and Management Services Dlrector
4. City C�erk �
TOTAL NUMBER OF SIGNATURE PAGES �
Indicate the #of pages on whfch signatures are required and papsrcNp or A�� �
pch oi tMa paqa.
ACTION REQUESTED
Describe what the projecUrequest seeks to accompliah in either chronologi-
cal order vr oMor of knporta�e, whichever is most approprfats (or the
issue. Do not w�ite complete sente�ces. 8egin each item in your Iist with '
a verb.
RECOMMENDATIONS
Complete N ths issue in question has been presented betoro any body, public
or private.
SUPPORTS WHICH COUNGIL OBJECTIVE?
Indicate which Council objective(s) your projsct/request supporta by liating
the key word(a) (HOUSING, RECREATION, NEICiH80RHOODS, ECONOMIC DEVEI.OPMENT, ;
BUDGET, SEWER SEPARATION). (SEE COMPLETE UST iN INSTRUCTfONAI MANUALJ
PERSONAL SERVICE CONTRACTS:
This in(ormation wiil be used to determine the c{ty's liabiliy (or workers c�mpenaation cisims, taxea and proper civll ssrvics hiring rules. �
;.
INITIATING PROBI.EM, ISSUE, OPPORTUNITY
Explei� the situatio� or cottditiona that created a t�eed for your project
or roquest
ADVANTAGES IF APPROVED
Indicate whether this is simply an annual budget procedure required by law/
chartar or whether there are spsci(ic ways in which the City of Saint Paul
and its citizens will benetit irom thia projecVactbn. �
OISADVANTAGES IF APPROVED
What �egative eitects or major chsnges to exisiing or past processes might
this projecthequest produce it it ia pasaed (e.g., traMic delays, noise, ,
tax increases or asaeasments)? To Whom? When? For how 1ong4
DISADVANTAGES IF NOT APPROVED
What wilt be the negative consequences N the promised action is not
approved? inability to deliver service4 Continued high traltic, rwise,
accideM rate? Loss of revenue?
FINANCIAL IMPACT
Although you must taflor the infonnatbn you provide here to the issue you
are,addressing, in general you must answer iwo questions: How much is it
going to cost? Who is going to pay?
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SEC D AMENDMENT TO
JOINT OWERS AGREEMENT
Creating the
NIINNEAPOLIS/SAI PAUL HOUSING FINANCE BOARD
Originally ated as of December l, 1984
First Amendm t Dated as of November 1, 1986
Second Amen ent Dated as of October 1, 1994
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SECOND NDMENT TO JOINT POWERS
This SECOND AMENDMENT TO JOINT POWERS AGREEMENT is made and entered
into as of the first day of Oct ber, 1994, by and among the HOUSING AND
REDEVELOPMENT AUTHORITY F THE CITY OF SAINT PAUL, MINNESOTA (the
"HRA"), the MINNEAPOLIS CO ITY DEVELOPMENT AGENCY (the "CDA")
(collectively, the "Authorities"), each public body corporate and politic organized under the
laws of the State of Minnesota, and th CITY OF MINNEAPOLIS, MINNESOTA, a municipal
corporation and homerule charter ci organized under the laws of the State of Minnesota
("Minneapolis"), and is accepted and c nsented to by the City of Saint Paul, Minnesota ("Saint
Paul"), a municipal corporation and ho erule charter city organized under the laws of the State
of Minnesota and the MINNEAPOLI SAINT PAUL HOUSING FINANCE BOARD, a joint
powers board (the "Housing Finance ard").
� RECITALS:
A. The HRA and the CD entered into a Joint Powers Agreement dated as of
December l, 1984 to create the Housin Finance Board pursuant to Minnesota Statutes, Section
471.59, including subd. 11 thereof, an Minnesota Statutes, Chapter 462; and
B. The HRA, the CDA and inneapolis entered into the First Amended Joint Powers
Agreement dated as of November 1, 19 (the "First Amendment"), which First Amendment was
consented to and accepted by Saint Pa and the Housing Finance Boazd; and
C. The HRA, the CDA, M' eapolis, Saint Paul and Housing Finance Board now
consider it desirable to enter into this Second Amendment to Joint Powers Agreement (the
"Second Amendment") for the purr se of making certain changes with respect to the
organization, membership and govern ce of the Housing Finance Board; and
D. The changes made by thi Second Amendment to the Joint Powers Agreement, as
heretofore amended (the "Original Joint owers Agreement") are permitted by Minnesota Statutes,
Section 471.59, including subd. 11 ther f, and by Minnesota Statutes, Section 462C.12, both as
amended;
NOW THEREFORE, it is hereb agreed among the parties hereto, as follows:
1. Definitions• Effect of thi Second Amendment.
(a) All terms capitali d but not otherwise defined in this Second Amendment
shall have the meanings assigne to such terms in the Original Joint Powers Agreement.
(b) Except as expressl amended hereby, all of the terms and provisions of the
Original Joint Powers Agreemen shall continue in fu�l force and effect. To the extent
213794.1 2
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of an inconsistency between t I terms of the Ori inal Joint Powers A eement and the
Y g �' ,
terms of this Second Amendm t, the terms of this Second Amendment shall control.
2. Amendment to Ori inal oint Powers A eement. Section 6 of the Original Joint
Powers Agreement is hereby deleted ' its entirety and is hereby replaced by the following:
6. Members
(a) The Board shall onsist of not more than six members provided that acting
members may be appointed as ovided in Section 6(b) below. One-half of the members
shall be nominated by the Cha of the HRA and approved by its governing body, and
shall reside in the City of Sa t Paul. Members and acting members of the Boazd
appointed by the HRA must b commissioners of the HRA. One-half of the members
shall be appointed by the Mi eapolis City Council, and shall reside in the City of
Minneapolis. Members and act' g members of the Board appointed by Minneapolis must
� be members of the City Counc' . Members shall hold office for a term of four years or
until their successors are appoi ed and qualified; provided that the in.itial members of the
Board may be appointed for te s of more or less than four years, if so nominated and
approved by the appropriate g verning body. Acting members sha11 serve for a term
equal to the period for which s ch person is designated as an acting member pursuant to
Section 6(b). Vacancies (othe than temporary vacancies filled by an acting member)
shall be filled in the manner rovided above for appaintment. A member or acting
member may be removed at an time with or without cause by the appropriate governing
body and shall be removed on ceasing to be a Commissioner of the HRA or a
Minneapolis Council member, applicable. Members and acting members shall receive
no compensation, but may be r imbursed for their actual costs and expenses incurred in
carrying out their duties as me bers of the Board.
(b) In the case of th temporary absence or disability of any regular member
of the Board, the chair of the overning body of which such member of the Housing
Finance Board is also a membe may designate any other member of said governing body
to be an acting member of th Board. Such designation may be for the purpose of a
single meeting of the Housing Finance Board, or to perform a specific function of a
member of the Housing Financ Board, or for a specific period of tune. Upon expiration
of such designation, the memb of the Housing Finance Board replaced temporarily by
the acting member shall res his or her duties and obligations as a member of the
Housing Finance Board. For 1 purposes of this Joint Powers Agreement, an acting
member of the Housing Finan� Board shall be entitled to exercise all of the powers and
duties of a regulaz member f the period such person is designated to be an acting
member. Specifically, but wi out limitation: such acting member shall be counted for
the purposes of determining wh ther a quorum of inembers is present for a meeting of the
Housing Finance Boazd; the a ting member shall be entitled to vote upon any matter
coming before the Housing F' ance Board during the period of the acting member's
designation; the acting membe may execute and deliver contracts aud other instruments
213794.1 3
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for and on behalf of the Hous g Finance Boazd as specified in the resolution of the
members of the Housing Finan e Board relating to the specific matter.
3. Effective Date. This cond Amendment shall take effect immediately upon
execution hereof by the HRA, the CD and Minneapolis, and acceptance of and consent hereto
by Saint Paul and the Housing Financ Board.
IN WITNESS WHEREOF, the ousing and Redevelopment Authority of the City of Saint
Paul, Minnesota, the Minneapolis Co unity Development Agency and the City of Minneapolis
have each caused this Second Amendm nt to be executed in its name and on its behalf by its duly
authorized officers and their respective seals to be affixed hereto; and the City of Saint Paul and
the Minneapolis/Saint Paul Housing Fi ance Boazd have each accepted and consented to Second
Amendment by causing their Acceptan e and Consent affixed hereto to be executed by their duly
authorized officers and their respectiv seals to be hereunto �xed; all as of the day and year
-
first above written.
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HOUSING AND REDEVELOPMENT
AUTHORITY OF THE CITY OF
SAINT PAUL, MINNESOTA
By
(SEAL) Its Chair
A roved as to Form: B
PP Y
Its Executive Director
By
Its Secretary
By
Its Director of Finance and
Management Services �
Signature page to Second Amendment to Joint Powers Agreement for the Minneapolis/Saint Paul
Housing Finance Board
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MINNEAPOLIS COl��Ilvi[.JNITY
DEVELOPMENT AGENCY
By
(SEAL) Its Executive Director
Approved as to form:
Assistant City Attorney
Signature page to Second Amendment o Joint Powers Agreement for the Minneapolis/Saint Paul
Housing Finance Board
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CITY OF MINNEAPOLIS, MINNESOTA
By
(SEAL) Its Mayor
ATTEST: By
Its Finance Officer
City Clerk
Approved as to form:
Assistant City Attorney
Signature page to Second Amendment o Joint Powers Agreement for the Minneapolis/Saint Paul
Housing Finance Board
213794.1 7
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ACCEP ANCE AND CONSENT
Each of the undersigned City of Saint Paul, Minnesota and Minneapolis/Saint Paul
Housing Finance Board hereby accept d consent to the foregoing terms and conditions of the �
Second Amendment to Joint Powers greement dated as of October 1, 1994 relating to the
Minneapolis/Saint Paul Housing Finan e Board.
CITY OF SAINT PAUL, MINNESOTA
By
(SEAL) Its Mayor
ATTEST:
By
Its Director, Department of
Finance and Management Services
City Clerk
Approved as to Form:
Signature page to Second Amendment to Joint Powers Agreement for the Minneapolis/Saint Paul
Housing Finance Boazd
213794.1 g
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MINNEAPOLIS/SAINT PALTL HOUSING
FINANCE BOARD
By
Its Chair
By
Its Treasurer
.
.
Signature page to Second Amendme to Joint Powers Agreement for the Minneapolis/Saint Paul
Housing Finance Boazd I
213794.1 9
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