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HomeMy WebLinkAbout2.b. Community EventsCITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR DISCUSSION COMMITTEE OF THE WHOLE: September 10, 2003 AGENDA ITEM: Community Special Events AGENDA SECTION PREPARED BY: Dan Schultz, Parks and Recreation Director AGENDA NO. ATTACHMENTS: Meeting Minutes Feb, 13, 2003, 2003 Leprechaun APPROVED BY: Days Contract, Event Information, Bylaws for Pan - o -Prog, Jesse James Days and Rosemount Halloween Festivity. At the February 13, 2003, Committee of the Whole meeting (see attached minutes), Mayor Droste requested a review of the liability and legal issues relating to the City's involvement in all community events. There was discussion regarding whether a structured board or committee would better serve the residents by securing more community members to participate in the planning of the events. There is a perception that the events are "City" events planned and organized by City Staff. Events mentioned were Rosemount Halloween Festivity, City Wide Garage Sale, Leprechaun Days, Share the Spirit, and the Shamrock Awards Banquet. The Council wanted the events to be resident driven and supported by the community. The Council voiced support for the community events and wanted to make sure there was an avenue for the continued future success of these events. The 2003 City Fees and Fee Policy currently identifies four City sponsored special event. The events include Rosemount Halloween Festivity, Leprechaun Days, Share the Spirit, and the Shamrock Awards Banquet. The Leprechaun Days Committee is the only event that has signed a contract with the City of Rosemount to coordinate the event (see attached contract). The City does not sign contracts with the two other events still operating. Share the Spirit no longer takes place. Staff has contacted a number,of individuals who are. involved with community events in the south metro area. Attached is the event information regarding the events. RECOMMENDED ACTION \ NOTES: Discussion Only. ROSEMOUNT CITY PROCEEDINGS COMMITTEE OF THE WHOLE MEETING FEBRUARY 13, 2003 Pursuant to due call and notice thereof a Committee of the Whole, regular work session meeting of the Rosemount City Council was duly held on Thursday, February 13, 2003, at 6:30 p.m. in the Council Chambers at City Hall, 2875 - 145th Street West. Mayor Droste called the meeting to order with Council Members DeBettignies, Riley, and Shoe - Corrigan present. Also in attendance were Interim City Administrator/ Police Chief Kalstabakken, Community Development. Director Parsons, Parks and Recreation Director Schultz, and City Engineer Brotzler. The agenda was adjusted to include City Council position interviews and move the SKB presentation to follow the interviews. City Council Position Interviews City Council continued interviews from their Saturday, February 8th interviews. Four applicants were called back for a second interview: Dave Anderson, Maureen Geraghty- Bouchard, Casey Wollschlager, and Kevin Strayton. Interviews were conducted from 6:30 p.m. to 7:00 p.m. and then the scheduled Committee of the Whole proceeded. SKB Expansion Interim City Administrator Kalstabakken presented four issues for discussion by Council and reviewed a traffic report and environmental report. SKB Environmental Inc. has requested a much larger capacity storage than allowed by the City's zoning ordinance. Rich Valley Landfill expanded into Rosemount in 1994 on the northern border and the limited volume of 200,000 cubic yards was initially set for that area. The additional volume requested would be accomplished by filling in areas between current cells in a "saddle" form increasing the height. SKB maintained that the landfill would roughly double in size in both land area and capacity. SKB has held an excellent record for operations and is even considered a desired "model" by the Minnesota Pollution Control Agency (MPCA). The Planning Commission has recommended approval of a zoning amendment to increase the volume. The MPCA and Dakota County Environmental Division have stringent requirements that must be met. City of Rosemount approval is necessary prior to MPCA and Dakota County approval. The key environmental issue with the landfill is the control and treatment of the water that leaches through the landfill materials ( leachate). A liner has been installed to capture the leachate even though this is not a requirement by MPCA. The captured leachate is then pumped out and trucked to the Rosemount Treatment Plant or to Pigs Eye Treatment Plant. After the landfill is filled, it would be capped with a clay liner and an 80 -mil poly liner. After two to five years, nearly all moisture will be gone and any settling of material would be complete. Ash is very dense and becomes almost like concrete when compacted. Council asked about how hazardous the waste is being placed into the landfill. SKB explained that there are never any hazardous wastes acccepted. Each truckload is tested ten to twelve times load and then a "finger print" of the material is recorded. A test is done immediately on that material and if something is unacceptable it is shipped back to its origin immediately. The types of material that will be accepted are industrial waste, ash, and construction/demolition debris. Construction / demolition debris is not currently accepted at the site but will comprise most of the requested expansion of cells. ROSEMOUNT CITY PROCEEDINGS COMMITTEE OF THE WHOLE MEETING FEBRUARY 13, 2003 Council discussed an end use for the landfill. The consensus was that the best land use is not known now because there are so many variables. Because this is an industrially zoned area, a park or golf course seems unlikely. There may be a market for a truck terminal or commercial use in the future for the land. If a commercial use could be found, then investing a large amount into grass and landscaping could be avoided. Council requested that a condition in the Interim Use Permit (IUP) include language to evaluate the end use over the life of the landfill. Council also discussed landscaping only the visible area, keeping it passive and natural perhaps with walking trails. The IUP would require renewal every five years and review of the end use could occur at those times. SKB noted that each cell would be sealed as it is filled; so determining the end use could affect how it is sealed. Also SKB noted that the City could purchase the completed landfill at 80% of the land value. SKB will be spending funds to close each cell as it occurs in accordance with the approved end use plan. Any alteration to the end use plan requires a change in the permits issued by MPCA and Dakota County. Foth & Van Dyke Consultants presented a letter with Findings of Fact regarding the SKB Rosemount Industrial Waste Facility Major Modification. They addressed the truck traffic design by using County Road 38 for an alternate exit. Highway 55 is the main entrance. Minnesota Department of Transportation (MnDOT) rated the capacity of Highway 55 at 20,000 trips per day (TPD) and CR 38 at 15,000 trips per day. SKB projects 315 TPD on HWY 55 and 915 TPD on CR 38. The portion of Highway 55 used as a service road will eventually be turned over to the city for maintenance. Discussion was held regarding what type of fees might be expected from SKB per ton or cubic yard. Fees generated will be included in an amendment to the existing Development Commitment agreement and will be negotiated to be similar to fees paid at landfills in other Dakota County cities. Also a lump sum of money could be requested up front in order to develop a city project or somehow improve city amenities. Council Member Shoe - Corrigan noted that the public should be involved and informed of the zoning amendment. The MPCA will have a thirty - day period for comment before approval also. SKB's request will be addressed at the March 6th Council meeting. Sidewalk and Trail Improvement Plan Parks and Recreation Director Schultz and City Engineer Brotzler reviewed the Sidewalk and Trail Improvement Plan. A map was shown that identifies locations where connections between existing trails are needed. A priority list will be worked on considering safety first and then the most heavily used sidewalks and trails. The budget this year includes $125,000 to begin improvements and maintenance. The most effective use of funds could be accomplished by using the public works crew to resurface needed areas. Schultz noted that grant money might be available for some projects. Brotzler also noted some cities have done bond issues in order to fund projects. Several trails were identified for maintenance. New development is always requested to install connecting sidewalks or trails as stated in the Parks Master Plan. Leprechaun Days Service Agreement Parks and Recreation Director Schultz submitted a revised Leprechaun Days Service Agreement. Mayor Droste requested a review of liability and legal issues with the city's involvement of all community events. Droste wanted to consider a structure or board that would better serve the residents. Droste suggested stepping back this year to observe the perception that events are 2 ROSEMOUNT CITY PROCEEDINGS COMMITTEE OF THE WHOLE MEETING FEBRUARY 13, 2003 "city" events and consider how much funding should be city sponsored. Events mentioned were Halloween Party, City Garage Sale, Leprechaun Days, Share the Spirit, and Shamrock Award. Council Member DeBettignies noted that donations to these events require a LG5 form on which the city signs off. DeBettignies noted that the Minnesota Foundation could be a resource for information. The Leprechaun Days Service Agreement will be brought to the March 6 Council meeting for consideration. Skate Park Parks and Recreation Director Schultz reviewed the Task Force recommendation for a Tier I Skate Park to be located in Central Park with $25,000 worth of equipment. The Parks and Recreation Commission recommended the location to be at Schwarz Pond Park north of the Community Center. Council consensus was to keep the activity in Central Park so kids can walk to it. All Tier I park equipment must be 3 feet tall or lower, it does not require supervision, padding, or a fence enclosure. Funds for the park have been received from SKB and Rosemount First State Bank. The Jaycees, Quizno's, and Dole Explosives may pledge money for the skate park. A determination to expand or change the skate park can be made after this year's use and review. The skate park would be placed on the paved hockey rink. Council directed Schultz to prepare a Request for Proposal for equipment and proceed with the project this year. Commission By -Laws and Selection Process Interim City Administrator Kalstabakken presented the amended by -laws for commissions to change terms from one year for the Planning and Parks and Recreation Commissions to three - year terms and remove the Council Liaison requirement. The Commission Selection Policy was also drafted to reflect the term length change. The Port Authority by -laws were amended by the City Attorney at Article V. Governing Body to correct the inappropriate change to three -year terms and add language to have council member terms coincide with their elected term. The statement of "not less than two commissioners shall also be members of the council" was debated; later it was found to be in the originating resolution. The Port Authority Chairperson will be elected by the commission members. These amendments will be brought to the March 6th Council meeting for consideration. Council Member Appointment Mayor Droste called for selection of the council member position following the second interviews of Dave Anderson, Maureen Geraghty- Bouchard, Casey Wollschlager, and Kevin Strayton. All four applicants had enthusiastic comments and good communication skills. The choice was difficult and Council did not want to discourage those not chosen from continuing his or her service to the community. After some discussion Council decided to appoint Kevin Strayton to the remaining term of Council Member Klassen's at the March 6, 2003 City Council meeting. That term will expire December 31, 2004. Additional Topics Council Member Riley requested that the City's Emergency Plan be reviewed at the next Committee of the Whole. Council was advised that a letter supporting Dakota County's request for federal transportation funds for Highway 52 corridor projects at Co. 46 and 47 will be sent. The letter will be signed by the mayor and interim city administrator . The meeting was adjourned at 10:40 p.m. 3 ROSEMOUNT CITY PROCEEDINGS COMMITTEE OF THE WHOLE MEETING FEBRUARY 13, 2003 Respectfully submitted, Linda Jentink Recording Secretary The City Council Agenda Packet is Clerk's File 2003 -06. rd SERVICE AGREEMENT BETWEEN THE CITY OF ROSEMOUNT AND LEPRECHAUN DAYS THIS AGREEMENT is made the day of March 2003, by and between the City of Rosemount, a Minnesota municipal corporation (hereinafter referred to as "City ") and Leprechaun Days, a Minnesota association (hereinafter referred to as "Leprechaun Days "); WITNESSETH: WHEREAS, for a number of years Leprechaun Days has conducted an annual civic community festival known as Leprechaun Days (hereinafter referred to as The Community Festival); and WHEREAS, the city council of the City has determined that it is in the best interest of the City and its citizens to promote the City and its businesses and to provide recreational opportunities for its residents by entering into a contract with Leprechaun Days to conduct the Community Festival in 2003; NOW, THEREFORE, on the basis of the premises and the mutual covenants and agreements hereinafter set forth, it is agreed as follows: Leprechaun Days will organize and conduct, in cooperation with the city staff, the Community Festival for 2003, which shall run for ten days which shall be agreed upon by Leprechaun Days and the city council, in accordance with practices and standards of such festivals conducted in past years. Services shall include the recruitment, selection, training, and managing of such employees and volunteers as are necessary to conduct the Community Festival, and shall include but not be limited to: a. advertising and promotions including the design, production and distribution of buttons, flyers and posters, and the development and installation of signs and banners; b. securing all necessary governmental permits and seeking approval of street closings and other required City action; c. soliciting financial support from individuals, businesses and organizations including sponsorships of certain events; and LALEPDAYS GENERAUService Agreement 2003.doc 01 -28 -03 d. conducting the following events or arranging for them to be conducted by other cooperating organizations, provided that events may be deleted or added with the approval of the city council: 1) Medallion Hunt 2) Big V gieL4 Ras Trike, Bike, Scooter Races 3) Penny Scramble 4) Bathtub Race 5) Bingo 6) Bowl for D.A.R.E. 7) Puppets in the Park 8) Fishing Derby 9) Sunday Night Specials 10) Run for the Gold 11) Rosemount Family Fitness Walk & Youth Shamrock Sprint 12) Pet Contest 13) Grand Day Parade 14) Mid- Summer Faire 15) Entertainment after the Parade 16) Root Beer Floats 17) Resource Fair 18) 500 Tournament 19) Leprechaun Days Street Dance 20) Fireworks Display 21) Sneaky Pete's Garden Tractor Pull 22) Kiddie Parade 23) Blarney Stone Hunt 24) Amusement Rides 25) Wet `n Wild Day 26) Teen Bowling at City Limits 27) Kvam's Softball Tournament 28) Public Ice Skating 29) Radio Controlled Air Show 30) Hamster & Gerbil Races 31) BBQ Beef & Corn on the Cob Feed at the Legion 32) Euchre Tournament 33) 99 cent bowling at City Limits 34) Family Fun Day at Cub Foods 35) Toilet Bowl Races 36) a t C a l n., a 37) Steak Fry at the Legion 38) 50's Day at City Limits 39) ' 40) Relay for Life 41) Rosemount Reach -Out Night 42) Rosemount Ntl Bank Open House 43) Irish Soccer Day 44) Rosemount Showcase & Family Fun Night 45) Dr. Fuzz Music Madness 46) Dakota City Trolley Rides 47) Bench Press Championships 48) Karaoke at the Legion 49) Wheel Chair Basketball Tournament 2. Leprechaun Days will undertake the work of this agreement as an independent contractor, and Leprechaun Days officers, employees, volunteers, and agents shall not be deemed agents or employees of the City for any purposes including, but not limited to, income tax withholding, workers' compensation and unemployment compensation. As consideration for the services provided by Leprechaun Days, the City will pay monies received as contributions in support of the Community Festival. The amount actually paid will be limited to the amount of such contributions received. The City will advise Leprechaun Days, on request, of the status of funds received and funds reasonably expected to be received. LALEPDAYS GENERAL \Service Agreement 2003.doc 01 -2M3 4. Leprechaun Days will maintain liability insurance providing the following coverages: Commercial general liability with personal injury limits of not less than $1,000,000 per occurrence and a general aggregate limitation of not less than $2,000,000. The City of Rosemount will be named as additional insured on all such policies and proof of insurance will be provided to the City. 5. All services and activities conducted by Leprechaun Days shall be on a nondiscriminatory basis and in full compliance with all state and federal civil and human rights laws, regulations, and rulings. CITY OF ROSEMOUNT Un L William Droste, Mayor Linda Jentink, City Clerk LEPRECHAUN DAYS Leprechaun Days Treasurer L:\LEPDAYS GENERAL\Se ee Agreement 2003.doc 01 -28 -03 EVENT INFORMATION Community Event Contact Eagan 4 th of July Jeff Ashfal, City of Eagan Comments: This is not a city event. The Event does not sign a contract with the City. The City provides limited Public Works and Police staff. No organizational by -laws. Hastings River Town Days Marty McNamara, City of Hastings Comments: A letter of understating is used to let the River Town Days Committee know what the City will provide. The City offers free use of facility, portable toilets, barricades and cones. Apple Valley 4 th of July Bill Bird, City of Apple Valley Comments: No contract with City. City provides much of the support staff to the event Committee. The City provides Public Works, Police and Parks and Recreation staff. They also provide barricades, cones and use of City facilities. Northfield Jesse James Days Debbie Larsen, Event Chair Comments: The Defeat of Jesse James Days Committee is a separate entity from the City. They are the largest all volunteer organization in the State of Minnesota. I have attached our by -laws and organizational chart for your review. Lakeville Pan -o -frog Susan Rogers, Event Chair Comments: The event is separate from the City. The event is run by the non - profit Pan -o- Prog organization. The City does not sign a contract with Board. The City does provide a large amount of in -kind services to the event including staff from the Police, Fire, Public Works and Parks Departments. The Pan- o -Prog has started to make contributions to help offset the cost to the City. See attached by- laws. Burnsville Fire Muster Joy Cherney, Event Chair Comments: Have not yet received information from this event. Rosemount Halloween Mike Bouchard, Event Chair Comments: Attached are their proposed by -laws PANORAMA OF PROGRESS BY -LAWS ARTICLE I REGISTERED OFFICE The registered office of the Corporation shall be at the City of Lakeville, County of Dakota, State of Minnesota. The Corporation may have such other offices as may from time to time be designated by its directors or its executive committee. ARTICLE 11 MEMBERSHIP SECTION 1. The membership of this Corporation shall consist of the following organizations: Airlake Industrial Park American Legion, Post 44 City of Lakeville Independent School District #194 Lakeville Chamber of Commerce Lakeville Jaycees Lakeville Lioness Club Lakeville Lions Club Lakeville Rotary Club Lakeville VFW Club, Post 210 Women of Today Additions 12- 10 -91: VFW Club Post 210 Auxiliary American Legion Auxiliary Each organization shall select a person to be a director of this Corporation and such selection shall be held prior to September's meeting each year. SECTION 2. Membership in this Corporation shall continue until terminated by a majority vote of the Board of Directors or by the voluntary withdrawal of a member. All rights, privileges, and interest of a member in or to the Corporation shall cease on termination of membership. Memberships shall be non - transferable. Any member may, by giving written notice of such intention, withdraw from membership. Withdrawals shall be effective on fulfillment of all obligations to the date of withdrawal. SECTION 3. The Board of Directors may replace any director who is absent without excuse from three (3) consecutive meetings. 1 ARTICLE III BOARD OF DIRECTORS SECTION 1. The business, property, and a ffairs o f t he C orporation s hall b e in anaged b y i is Board of Directors. SECTION 2. The Board of Directors shall consist of the elected officers of the Corporation, the duly selected representative of each member, and the immediate past president, all of whom shall serve for one year. In addition, there shall be three (3) directors at large selected from the general Lakeville community who shall serve three (3) year terms, three (3) directors serving two (2) year terms, and three (3) directors serving one (1) year terms. In case of death or resignation of any Board member, that vacancy shall be filled by the remaining members of the Board of Directors and such shall serve during the term of the member replaced. SECTION 3. There shall be an annual meeting of the Corporation before November 1 unless otherwise ordered by the Executive committee, for election of officers, receiving reports, and the transaction of other business. Notice of such meetings, issued by the secretary, shall be mailed to the last recorded address of each director at least seven (7) days before the time appointed for the meeting. SECTION 4. A majority of the Board of Directors of the Corporation, when present at the meeting, s hall c onstitute a q uorum, and i n c ase there are less than this number, the presiding officer may adjourn from time to time until quorum is present. SECTION 5. Regular meetings of the Corporation may be called at any time by the president, and must be called at any time by the president, or in his absence, by a vice president or the secretary, on the written request of two (2) directors. ARTICLE IV OFFICERS SECTION 1. The elected officers of the Corporation shall be a president, first vice president, second vice president, secretary and treasurer. Other offices and officers may be established and appointed by the Board of Directors of the Corporation at the regular annual meeting. The elected officers and the immediate past president shall form the Executive Committee of the Corporation. SECTION 2. The officers of the Corporation shall serve for a term of one year. SECTION 3. The officers of the Corporation shall be elected at the annual meeting of the Board of Directors. An officer need not be a director of the Corporation. 2 ARTICLE V AMENDMENTS These by -laws may be amended, repealed, or altered, in whole or in part, by a majority vote at any duly organized meeting of the Corporation. ARTICLE VI LIABILITIES Nothing herein shall constitute members or. directors of the Corporation as partners for any purpose. No member, director, officer, agent, or employee shall be liable for the acts of failure to act of any other member, director, officer, agent, or employee of the Corporation. Nor shall any member, d irector, o fficer, a gent, o r e mployee b e 1 iable for his/her acts or failure to act under these by -laws, excepting only acts or omissions arising out of his/her willful misfeasance. ARTICLE VII FUNDS SECTION 1. This Corporation is not intended as a profit making organization, nor is it founded with the expectation of making a profit. This Corporation shall use its funds only for objects and purposes specified by these by -laws and its Articles of Incorporation. SECTION 2. Person(s) entrusted with the handling of Corporation funds may be required, at the discretion of the Executive committee, to furnish, at Corporation expense, a suitable fidelity bond. SECTION 3. No part of said funds shall insure or be distributed to the members of this Corporation. In the event of the dissolution of the Corporation, any funds remaining shall be distributed to one or more regularly organized and qualified charitable and /or educational organization to be selected by the Board of Directors. ARTICLE VIII INSIGNIA The Executive committee may adopt insignia, colors, badges, and flags for the Corporation as it deems desirable. 3 These amended by -laws shall become effective April 15, 1992. President Signature Address Secretary Signature Address rg AMENDED BY -LAWS OF THE DEFEAT OF JESSE JAMES DAYS COMMITTEE, INC. A non - profit corporation organized under the laws of the State of Minnesota. ARTICLE I. OFFICES The principal office of the corporation shall be located in Northfield, Rice County, Minnesota 55057. The corporation may have such other offices as the Board of Directors may determine from time to time. ARTICLE II. MEMBERS Members of the corporation shall include only individuals listed under the categories of "Officers" or "Volunteers" or "Board of Directors of the Defeat of Jesse James Days Committee, Inc. on the current years official brochure publication. ARTICLE III. MEMBERSHIP MEETINGS Section 1. MEETING. The annual meeting of the organization shall be held in October each year on the day, time, and place set by the Board of Directors, for the purposes of electing new directors and to decide any other business which may properly be considered by the membership. The Board of Directors shall schedule regular monthly meetings of the members. Section 2. SPECIAL MEETINGS. Special meetings of the members may be called at any time by the President or the Board of Directors or upon written request of at least ten percent of the membership presented to the President or presented at a meeting of the Board of Directors. Any meeting called by written request by the membership shall be scheduled by the President or the Board of Directors. All meetings shall beheld at the principal office of the corporation or at such other place as may be designated. Section 3. NOTICE OF MEETING. Written notice of all meetings shall be given to each member of record, and shall specify the date, time, place and purpose of the meeting. Section 4. QUORUM. The presence in person of at least thirty percent of the members of record shall constitute a quorum for the transaction of business. Section 5. VOTING. All members are entitled to vote on resolutions brought up at membership meetings and elections. A majority of the votes of the members present at any meeting shall determine resolutions, unless specified otherwise by these by -laws. All charitable gambling issues shall be brought before the committee of members. Individuals must be present to vote. No proxy votes will be accepted. ARTICLE IV. DIRECTORS The affairs of the corporation shall be managed by its Board of Directors. Section 1. NUMBER, TENURE AND QUALIFICATIONS. The number of Directors shall be seven. The Board of Directors shall consist of the chairman of the board, who shall be the immediate past general chairman of the committee; the general chairman, who shall also serve as president of the corporation; the treasurer; the elected secretary; and three elected at large by the members. The officers and one at -large director shall be elected at each annual meeting of the members. The term of office of each at -large director shall be three years. Each officer will serve a one -year term. The legal counsel shall be an ex- officio member of the board but shall not be entitled to vote. Section 2. REGULAR MEETING. A regular meeting of the directors shall be held without any other notice immediately after, and at the same place as the annual meeting of members. The Board of Directors may establish, by resolution, the time and place for holding additional regular meetings without other notice than such resolution. Additional regular meetings shall be held at the principal office of the corporation unless such location is designated in the resolution Section 3. SPECIAL MEETINGS. Special meetings of the Board of Directors may be called by or at the request of the President or any two directors, and shall be held at the principal office of the corporation or at such other place as the directors may determine. -2- Section 4. NOTICE. Notice of any special meeting of the Board of Directors shall be given at least three days previously thereto by written notice delivered personally or by mail or fax to each director at his address as shown by the records of the corporation. If mailed, such notice shall be deemed to be delivered when deposited in the United States mail in a sealed envelope and so addressed with postage thereon prepaid. Any director may waive notice of any meeting. However, during the week of the celebration, emergency meetings may be held upon reasonable notice by telephone, fax, email, or other electronic means. The attendance of a director at any meeting will constitute a waiver of notice of the meeting, except when a director attends a meeting for the express purpose of objecting to the transaction of any business because the meeting was not lawfully called or convened. The business to be transacted at the meeting need not be specified in the notice or waiver of notice of such meeting, unless specifically required by law or by these by -laws. Section 5. QUORUM. A majority of the Board of Directors shall constitute a quorum for the transaction of business at any meeting of the Board of Directors; but if less than a majority of the directors are present at any meeting, a majority of the directors present may adjourn the meeting from time to time without further notice. Section 6. BOARD DECISIONS. The act of a majority of the directors present at a meeting at which a quorum is present shall be the act of the Board of Directors, unless the act of a greater number is required by law or by these by -laws. Section 7. VACANCY. Any vacancy occurring in the Board of Directors and any directorship to be filled by reason of an increase of the number of directors shall be filled by the Board of Directors. A director filling the vacancy shall serve until the next annual election. Section 8. ATTENDANCE. All board members must attend 75% of the board meetings in a committee year, or the member will be subject to removal by a majority vote of the directors. -3- ARTICLE V. OFFICERS Section 1. OFFICERS. The officers of the corporation shall be a president/general chairman, one or more vice - presidents (the number to be determined by the Board of Directors), a secretary, a treasurer, and such other officers as may be elected in accordance with the provisions of this article. All event chairmen shall be officers of the corporation. The Board of Directors may elect or appoint such other officers as it shall deem desirable. No member of the Board of Directors may hold more than one position on the board of directors. Any two or more offices may be held by the same person, except the offices of president, treasurer, and secretary; however, a person shall only be entitled to one vote. Section 2. ELECTION AND TERM OF OFFICE. The officers of the corporation shall be elected annually by the members at their regular annual meeting. If the election of officers is not held at such meeting, such election shall be held as soon thereafter as is convenient. Each officer shall hold office until his successor has been duly elected and qualified. Any officers may be removed by a majority of the Board of Directors at a meeting, provided that notice of the intended act shall be given at the call of the meeting. Section 3. VACANCY. A vacancy in any office may be filled by the Board of Directors for the unexpired portion of the term. Section 4. POWERS AND DUTIES. The several officers shall have the powers and shall perform such duties as may, from time to time, be specified in resolutions or other directions of the Board of Directors. In the absence of such specifications, each officer shall have the power and authority and shall perform and discharge the duties of officers of the same title serving a non - profit organization having the same or similar general purposes and objectives of this corporation. Section 5. EMPLOYEES. The Board of Directors may hire such personnel as it shall deem necessary from time to time, for such periods of time, and on such terms as it determines. Section 6. CONTRACTS. CHECKS. DEPOSITS AND FUNDS. The Board of Directors may authorize any officers or agents in addition to the officers authorized by these by -laws, to enter into any contract or execute and deliver any instrument in the name of and on behalf of the corporation. Such authority may be general or may be confined to specific instances. All checks, drafts or orders for the payment of money, notes, or other evidence of indebtedness issued in the name of the corporation, shall be signed by such officer or officers, agent or agents, of the corporation, and in such manner as shall from time to time be determined by resolution of the Board of Directors. In the absence of such determination by the Board of Directors, such instrument shall be signed by the treasurer and counter - signed by the president or vice - president of the corporation. All funds of the corporation shall be deposited from time to time to the credit of the corporation, in such banks, trust companies, or other depositories as the Board of Directors may select. The Board of Directors may accept, on behalf of the corporation, any contribution, gift, bequest, or devise for any purpose of the corporation. All monies for Committee sanctioned events, except those run by civic organizations approved by the Defeat of Jesse James Days Board, shall be deposited in the checking or savings account of the Defeat of Jesse James Days Committee, Inc. No other accounts shall be established without the approval of the Defeat of Jesse James Days Board. ARTICLE VI. BOOKS AND RECORDS The corporation shall keep correct and complete books and records of account, and shall also keep minutes of the proceedings of its members, Board of Directors, committees having and exercising any authority of the Board of Directors, and shall keep at the principal office a record giving the names and addresses of members entitled to vote. All books and records of -5- the corporation may be inspected by any member, or his agent or attorney, for any proper purpose upon reasonable notice and at reasonable times. ARTICLE VII. COMMITTEES Section 1. COMMITTEES OF DIRECTORS. The Board of Directors by resolution adopted by a majority of the directors in office, may designate one or more committees, each of which shall consist of one or more members, which committees, to the extent provided in such resolution, shall have and exercise the authority of the Board of Directors in the management of the corporation. Section 2. OTHER COMMITTEES. Other committees not having and exercising the authority of the Board of Directors in the management of the corporation may be designated by a resolution adopted by a majority of the directors present at a meeting at which a quorum is present. Except as otherwise provided in such resolution, members of each such committee shall be appointed by the president. Any member thereof may be removed by the president whenever, in his or her judgment, the best interests of the corporation shall be served by such removal. ARTICLE VIII. AMENDMENT OF ARTICLES OR BY -LAWS Section 1. AMENDMENT BY THE MEMBERS. The Board of Directors shall propose any amendment to the articles or by -laws by resolution setting forth the proposed amendment and directing that it be submitted for adoption at a meeting of the members not less than 20 days distant, with notice of intent to amend the by -laws. Amendments shall be adopted by a majority of the members voting. Section 2. AMENDMENT BY THE DIRECTORS. If the members by a majority vote authorize the Board of Directors to amend the articles or by -laws, then the Board of Directors may adopt an amendment by a vote of two- thirds of the directors present at any meeting for which proper notice has been given. M ARTICLE IX. DECORUM Section 1. No smoking will be allowed at board and membership meetings. ARTICLE X. CONTRACTS Any and all contracts entered into and with the Defeat of Jesse James Days Committee, Inc., shall be limited to one year unless otherwise deemed necessary by the Defeat of Jesse James Days Board (e.g., Sutton Rodeo contract). Any current contracts shall be deemed void with the exception of the Sutton Rodeo contract. As amended September 17, 2002, at a duly called meeting of the members, verified this 17` day of September, 2002, by: Debra Larsen DJJD Secretary -7- 2003 befeat of Jesse James Days Board Chairman of the Board Chairman • Preside over Elections • Preside over Committee & BOD Meetings • Assist Chairman in overseeing Chairman of the Board • Oversees all committees all committees • Attends all BOD & Committee Meetings • Liaison between committee and public General Chairman • Oversee Heywood Award & Banquet Secretary Prepare Board & Committee Agendas Prepare Board & Committee Minutes Take Board & Committee Minutes Committee Membership Up -to -date Mail out meeting notices Keep attendance records Check P.O. Box Distribute correspondence Handle any correspondence necessary Keep calendar current Notify location of meetings Schedule dates /times for any activities requested Attend all BOD and Committee Meetings I Treasurer I Pay bills on time Keep financial records Prepare budget Prepare & present financial report at BOD & Committee Meetings 1st Year Board Toilets Garbage Insurance Attaboys Announcer Bike Tours Brochures Publicity Electronic & Print Media Walks, 5K & 15K Runs Radio Control Flyers Shuttle Bus Sundowners Car Club Waivers & Certificates Horseshoe Hunt 2nd Year Board Arts Guild Sound Sertoma Grand Parade Kiddie Parade Buttons $100 Pins Kiddie Tractor Pull Queen Coronation Jr. Royalty Coronation Royalty Cordinator Inventory Sales Information Booth 3rd Year Board Rodeo City Rodeo Arena Tractor Pull Concessions Entertainment Center Security Bank Raids James / Younger Gang Northfield Posse Historian i `BYLAWS OF THE ROSEMOUNT HALLOWEEN HAUNTED TRAIL Article I - Name Name of the organization shall be recognized as: Rosemount Halloween Haunted Trail. The organization will hold the Halloween event within the boundaries of the City of Rosemount, Minnesota. Article II - Purpose To promote a seasonal family orientated event, with the focus up to pre -teen age children. Article III - Participation Participation is open to any person interested in volunteering and assisting with the annual event. Article IV — Officers Section I - Officers The elected officers shall consist of the following: Chairperson, Vice Chairperson, Treasurer And Secretary. All Officers shall be elected on an semi- annual basis. With time and place to be determined by the Halloween Haunted Trail Committee. Vacancies shall be filled by appointment and approval of the committee. Section 11 - Responsibilities a. Chair Chair shall call and preside at all Committee meetings. Establish Ad -Hoc committees as needed. Will be one of the authorized check signers. b. Vice Chair Vice Chair will assume the duties of the Chair in absence of the Chair. c. Treasurer Shall keep the books on a current basis and prepare a written report for the Committee for the months that we meet. Has custody of all funds, and make disbursements only as authorized by the Board, however Does have discretionary authorization up to $ 50. Shall be primary signatory on all checks from an account drawn on a local Rosemount Bank d. Secretary Shall keep records of proceedings at all committee meetings. Records to be available for review at next committee meeting. Preserve records in a permanent file, too be located in the Rosemount Park and Recreation office, all records of value to the Halloween Haunted Trail Committee. Will act as one of the authorized check signers. Article V - Finance Fiscal year shall be January 1 through December 31. Event shall be supported by fundraising, and donations and in kind services. The City Of Rosemount will be a Co- Sponsor of the event. Page l of 2 Schultz,Dan From: Cherney, Joy Doy.cherney @thomson.com] Sent: Wednesday, August 27, 2003 1:46 PM To: Schultz,Dan Subject: RE: Organizational bylaws Hi Dan. I can fax a copy to you. What's your fax number? Will have to do so tonight or tomorrow as I don't have the bylaws with me here at work. Maybe your organizers could meet with our executive committee. (After the Fire Muster.) We've talked about connecting with local event committees and organizers to share experiences and ideas, so this might be a way to start out. If there is interest in that, please have the main contact person e-mail me, and we can work something out. Joy Cherney Burnsville Fire Muster Chair