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HomeMy WebLinkAbout7B - EDA Resolution Amendment CITY COUNCIL AGENDA REPORT MEETING DATE: AGENDA #: PREPARED BY: December 4, 2000 7B C\ '\.'\ Frank Boyles, City Managerx '\ ./ ~---- AGENDA ITEM: PUBLIC HEARING TO CONSIDER AMENDMENT OF RESOLUTION 96-99 THE ENABLING RESOLUTION FOR THE ECONOMIC DEVELOPMENT AUTHORITY. DISCUSSION: Historv: The Prior Lake Economic Development Authority in its existing configuration was approved by the City Council on October 21, 1996. The City Council desires to revise the format of the EDA from two Councilmembers and three residents to five Councilmembers. Under Minnesota Statute Section 469.093 such a revision to the Authority may take place following a public hearing announced at least twice in a newspaper of general circulation no more than 30 days prior to the public hearing date. The attached public notice was published in the Prior Lake American on November 18th and November 25th. The notice includes a summary of the revisions to the enabling resolution. Current Circumstances: The key revision to the enabling resolution is modification of the five member body from two Council members and three residents to an EDA consisting of all five members of the City Council. The powers of the EDA remain the same although the revised resolution removes many of the limits on the EDA's powers which existed before. Removal of these limits is possible because the EDA and City Council are now the same people. Minnesota Statutes 469.095, Subd. 2(b) provide for the appointment of a five member EDA, at least two of which must be Councilmembers. It also provides that the enabling resolution may provide "..that the members of the City Council shall serve as the commissioners." ISSUES: The rationale for changing the format of the EDA includes: 1. Places the taxing and spending authority for Economic Development back in the hands of the elected City Council. 2. Reduces some of the redundant effort by staff and consultants reporting to two bodies who possess different membership. 3. Provides consistency in position between City Council and EDA. 4. Reduces time, energy and cost in corresponding and communicating with two bodies composed of different people. The Council has asked whether an EDA' is needed at all since the Council approves most of its key actions. A review of state statutes reveals that the EDA has access to many more funding tools than the City Council. Under the statute, only an EDA may take advantage of these economic development tools. The 16200 Eagle Creek Ave. S,E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 I:\COUNCI L\AGNRPTS\2000\ 1204_EDA.D00N EQUAL OPPORTUNITY EMPLOYER ..,-~-- . new enabling resolution will not require the City Council to confirm the EDA's actions since they are now one in the same in membership. ALTERNATIVES: (1) Conduct and close the public hearing and adopt the revised enabling resolution. (2) Conduct and close the public hearing and direct the staff to further modify the enabling resolution. (3) Conduct and close the public hearing and take no further action. RECOMMENDED MOTION: Alternative (1). Once the enabling resolution is modified, the new EDA would conduct an organizational meeting to elect officers and consider amendments to the EDA bylaws. I :\COUNCIL\AGNRPTS\2000\ 1204_EDA.DOC RESOLUTION OO-XX E~OLUTON AMENDING RESOLUTION 89-17 AND RESOLUTION 96-99 H ESTABLISHED THE PRIOR LAKE ECONOMIC DEVELOPMENT AUTHORITY PURSUANT TO THE PROVISIONS OF MINN. STAT. CHAPTER 469. Motion By: Second By: WHEREAS, the Minnesota State Legislature has enacted Minnesota Statutes Sections 469.090 to 469.108 authorizing any statutory or home rule charter city to establish (1) an economic development authority having the powers contained in the enabling resolution; (2) a housing and redevelopment authority established under Minnesota Statutes Sections 469.001 to 469.047 or other law; and (3) city development districts under Minnesota Statutes Sections 469.124 to 469.134 or other law; and WHEREAS, the City wishes to amend and establish such an economic development authority and to define the relationship between it and the Council and Mayor by adoption of this resolution; and WHEREAS, it is intended that this resolution be amended from time to time as may be required to further define or redefine the respective roles of the economic development authority and the Council and Mayor by regarding development and redevelopment within the city; and WHEREAS, it is intended that through this resolution and by the actions taken hereunder, the Council and Mayor of the city shall establish broad policies for public assisted development within the city and that the implementation of such policies be the responsibility of the economic development authority; and WHEREAS, it is the desire of the Council and Mayor that adoption of this resolution and the creation of an economic development authority will result in a conscientious and coordinated effort to encourage and precipitate commercial and residential future development within the city so as to increase tax base, promote employment and enhance the health, safety and welfare of city residents; and WHEREAS, legal notice of the public hearing was duly published and mailed in accordance with Minnesota Statutes and Prior Lake City Code; and WHEREAS, the City Council conducted a public hearing on December 4, 2000 for those interested in this amendment to present their views. Now THEREFORE, be it resolved by the City Council of the City of Prior Lake that the following are hereby adopted: 1 Establishment. There is hereby created in the City an Economic Development Authority which, subject to the provisions of this Enabling Resolution, shall have all of the powers, duties and responsibilities of any economic development authority created pursuant to the Act, or other law, 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER ... .,--.. a housing and redevelopment authority created pursuant to the Housing Act, or other law and which shall constitute an "Agency" pursuant to the Development Act. It shall be the role and respons,ibility of such Economic Development Authority to carry out economic, housing and industrial development and redevelopment within the City in accordance with such general policies as may from time to time be established by the Council and Mayor. 2 Definitions. A. "Authority: means the Prior Lake Economic Development Authority. B. "City" means the City of Prior Lake, Minnesota. C. "Council" means the duly elected governing body of the City. D. "Enabling Act" means Minnesota Statutes, Sections 469.090 to 469.108, authorizing the City of Prior Lake to create to create an economic development authority. E. "Enabling Resolution" means this resolution of the Council establishing the Prior Lake Economic Development Authority pursuant to the Enabling Act. F. "The Development Act" means the City Development Districts Act, Minnesota Statutes, Sections 469.124 to 469.134. G. "Federal Limitation Act" means certain acts of congress which limit the aggregate amount of obligations of a specified type which may be issued within the City, as further defined in Section 474.16, Subdivision 5 of the Industrial Bond Act and as may from time to time be defined in other state laws. H. "The Housing Act: means Municipal Housing and Redevelopment Authorities Act, Minnesota Statutes, Sections 469.001 to 469.047. I. "The Housing Bond Act" means the Municipal Housing program Act, Minnesota Statutes, Chapter 462C. J, "Industrial Bond Act" means the Municipal Industrial Development Act, Minnesota Statutes, Sections 469.152 to 469.165. K. "Project Area Plan" means an outline for the development or redevelopment of a geographic area of Authority concentration which contains a statement of objectives for improvement of the areas as well as a description of public facilities to be constructed, and estimated schedule of the open space to be created, the environmental controls to be applied, the property to be publicly acquired and the condition under which the Authority shall exercise the right of eminent domain, if any, the proposed reuse of private property and the general standards of development. Said plan shall be sufficiently complete to constitute a "development program" pursuant to Section 469.125, Subdivision 3 of the Development Act and a "redevelopment plan" pursuant to Section 469.002, Subdivision 16 of the Housing Act. L. "Project Budget" means a financial budget containing the sources and uses of public funds to be expended in carrying out the public costs associated with a Project Plan or Project Area R:\RESOLUTI\ADMINRES\eda.DOC Plan. In the event any or all such public costs are to be paid with tax increment, the Project Budget shall constitute a "tax increment financing plan" as described in Section 469.175 of the Tax Increment Act. M. "Project Plan" means a description of the development or redevelopment of property, including an estimated schedule, the property to be publicly acquired and the condition under which the Authority will exercise its right of eminent domain, if any, description of the public facilities to be constructed, and the proposed reuse of private property. N. "Tax Increment Act" means Tax Increment Financing, Minnesota Statutes, Sections 469.174 to 469.179. 3 Legal Status. The Authority shall be a public body politic and corporate and a political subdivision of the State of Minnesota. It shall not be considered a department of the City nor shall the City be liable for its obligations, unless assumed by the City in writing. Its relationship to the Council and Mayor shall be governed by the Enabling Act, this Enabling Resolution and the various statutes under which it operates, including the Enabling Act, the Housing Act, the Development Act, the Industrial Bond Act, the Housing Bond Act, and the Tax Increment Act; provided, that in the event there is a conflict between the terms of this Enabling Resolution and any such statute, the statute shall control, in the event there is a conflict between the Enabling Act and any such statutes, the Enabling Act shall control; provided further, that a statute granting authority shall not be deemed to be in conflict with a statute that grants less or no such authority. 4 Name. The Economic Development Authority created by the Enabling Act and this Enabling Resolution shall be known legally as the Prior Lake Economic Development Authority. 5 Governing Body. Pursuant to Minnesota Statute Section 469.Subdivision 2(d), the members of the City Council shall serve as the Commissioners of the Economic Development Authority. A. Upon adoption of this amended Enabling Resolution the terms of all current commissioners of the Economic Development Authority are hereby terminated. 6 Authority Officers. The commissioners of the Authority shall elect officers as provided in Section 469.096 of the Enabling Act. 7 Authority Staff. A. The Authority shall be empowered to hire such employees, agents and consultants as deemed proper and as further provided by Resolution 89-17, this Resolution and applicable State Statutes. Such employees, agents and consultants shall assist the Authority in performing the following powers and duties: 1. To see that all resolutions, rules, bylaws, regulations, or orders of the Authority are enforced. 2. To appoint and remove upon the basis of merit and fitness, all subordinate officers and regular employees of the Authority. R:\RESOLUTI\ADM INRES\eda.DOC 3. To present to the Authority plans, studies and reports prepared for Authority purposes and recommend to the commissioners for adoption such measures as _ deemed necessary to enforce or carry out the powers and duties of the Authority or the efficient administration of the affairs of the Authority. 4. To recommend for adoption such rules and regulations as deemed necessary for the efficient operation of the Authority's functions. 5. To perform such other duties as may be prescribed by the Authority. 6. The City Attorney shall serve as counsel to the EDA . 8 Reports. A. At least once annually by March 1, the Commissioners of the Economic Development Authority shall at a regularly scheduled City Council meeting report regarding the operational status of the Authority. Such report shall comply with Minnesota statutes Section 469.100, Subdivision 4, and describe current and proposed projects as well as describe general development goals for the City. B. The Authority shall be responsible for all filings and reports required by the various statutes under which it operates. Copies of all such reports shall be available to members of the public unless protected by the Minnesota Data Practices Act. 9 Account, Budget and Fiscal Year. A. The accounting, maintenance of books and records, establishment and maintenance of funds and accounts, investment of cash surpluses, disbursement of moneys and other necessary financial matters of the Authority shall be the responsibility of the commission Treasurer. The Authority accounting, investment, fund maintenance and disbursement shall be consistent with City procedures. B. On or before September 1 of each year the Authority shall submit its annual budget to the City manager in a form prescribed by the City manager. Such budget shall include a detailed written estimate of the amount of money that the Authority expects to need from the City for Authority business during the next fiscal year and shall otherwise comply with Minnesota Statute Section 469.100, Subdivision 1. The Council may impose such conditions upon the issuance of obligations by the City for the purpose of funding said Authority budget as it may determine. The City Council shall review and consider approval of the proposed authority budget as a part of the city budgetary process. A member of the Authority shall explain and discuss the content of the proposed Authority budget. Upon approval of such budget, the Authority shall not exceed total budgeted expenditures without approval of corresponding budget amendments by the City Council; provided, however, that this provision shall not preclude the Authority from unilaterally making line-item changes as it deems appropriate. C. The fiscal year of the Authority shall be the same as the fiscal year of the City of Prior Lake. R:\RESOLUTI\ADM I NRES\eda. DOC 10 Powers. A. The Authority may exercise all of the powers contained in the Enabling Act and Enabling Resolution. B. The Authority may exercise all of the powers contained in the Housing Act. C. The Authority may exercise all of the powers of an Agency contained in the Development Act. D. The Authority may exercise all of the powers of a redevelopment agency contained in the Industrial Bond Act. E. The Authority may exercise all of the powers of a City contained in the Housing Finance Act, provided authorized to do so by ordinance of the City Council pursuant to Section 462C.02, Subdivision 6 of the Housing Financing Act. F. The Authority may exercise all of the powers of an Authority contained in the Tax Increment Act. G. The Authority may exercise such powers as may be contained in other laws applicable to economic development authorities or housing and redevelopment authorities not specifically described herein. PASSED AND ADOPTED THIS 4TH DAY OF DECEMBER, 2000. Mader Mader Ericson Ericson Gundlach Gundlach Petersen Petersen Zieska Zieska YES NO City Manager, City of Prior Lake R:\RESOLUTI\ADM INRES\eda. DOC --, "---.-.----"---.-,----.,--.----- -----r-----------------"--"-- " NOTICE OF PUBLIC HEARING TO CONSIDER AMENDMENT OF ENABLING RESOLUTION AND FORMAT OF PRIOR LAKE ECONOMIC DEVELOPMENT AUTHORITY NOTICE is hereby given that the City Council of the City of Prior Lake, Minnesota has scheduled a Public Hearing for 7:45 p.m. on Mondav, December 4, 2000 at the Fire Station City Council Chambers, 16776 Fish Point Road. The purpose of the Public Hearing is to receive public input with respect to amendment of City Council Resolution 96-99 which is an amendment to the enabling resolution for the Prior Lake Economic Development Authority, and amendment of the Economic Development Authority Bylaws. Summary of Resolution: The proposed amendment would revise the format of the Economic Development Authority from two Councilmembers and three residents to five Council members. Complete texts of the enabling resolution and Economic Development Authority bylaws are available for public review commencing Friday, December 1, 2000 at Prior Lake City Hall, 16200 Eagle Creek Avenue S.E. Questions may be directed to City Manager Frank Boyles at 447-9801. 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER Prkr' PUBLIC HEARING 1ttde: Please as part ister below if you wish to addres he fall ng public meeting. TH TO CONSIDER AMENDMENT OF RESOLUTION 96-99, THE ENABLING RESOLUTION FOR THE ECONOMIC DEVELOPMENT AUTHORITY * * * December 4,2000 Executive Summary The Prior Lake Storm Sewer Fee Determination Study develops a storm water area charge rate that is based on a detailed analysis of future trunk storm water infrastructure needs in the. City of Prior Lake. The primary inputs for determining the size and location of trunk facilities are: 1. Land use 2. Design event 3. Topography Prior Lake's proposed land use is summarized in Figure 1. Development with more impervious surface, such as commercial development, requires larger trunk storm water facilities. These larger facilities require more capital outlay. To equitably distribute capital costs, the proposed area charge is adjusted for land use. Figure 2 shows the primary area of Metropolitan Urban Service Area (MUSA) allocation from the city's comprehensive plan. Figure 3 follows from Figure 2 and specifically locates those areas that make up the study area for this analysis. Figure 4 shows the proposed trunk storm water system to serve the study area. Appendices A and B provide detailed design criteria for the elements that appear on Figure 4. The study area has been broken into 7 major drainage districts. These are: . West Central Reservation District . Reservation District . Jeffers Pond District . Upper Prior Lake District . Lower Prior Lake District . Pike Lake District . Credit River District The method of analysis has been to determine trunk facility needs as storm water is routed through these districts. At the point where the furthest downstream facility in a major district discharges out of the City or into a Watershed District facility, that particular city trunk system is terminated. No analysis has been conducted to determine downstream trunk facilities outside the corporate boundary or to evaluate watershed facilities. In order that the proposed system, operating at capacity, not overtax downstream facilities (watershed, outside the city, ravines etc.) the proposed system does not allow discharge that exceeds predevelopment rates. Volumes have gone up, but the facilities shown in Figure 4 do not allow peak flows that exceed predevelopment levels. To minimize excavation, ponds have generally been proposed for existing low areas. Where natural basins do not exist or are undersized, either excavation or berming is City of Prior Lake Trunk Storm Sewer Fee Determination Study ,~. ,'. _~,.,_"'4"M_""^,,","'~,_,_____,__._~,,,__~___,,_,,,__,_...._.".,~_~_~~~_.. --------or---....----....--.-. ...,_._-, proposed to create the requisite pond areas. Trunk pipes are generally located in existing drainage ways so that excessive pipe depth can be avoided. Appendix A provides detail on the proposed pipe reaches and the estimated costs for building these reaches. Appendix A also includes construction costs for ponds. These costs follow from the pond data provided in Appendix B. Table 1 shows the capital improvement program for the facilities described in Figure 4 and Appendix A. The capital improvement program shows the timing of the system costs according to the four development phases shown schematically in Figure 3. The total system cost shown in Table 1 is the same as that shown in Appendix A. Table 2 quantifies the land area within each of the development phases. This land area and phasing is cross-tabulated against the proposed land use shown in Figure 1. In general the data in Table 1 is combined with that in Table 2 to develop the area charge rate. Table 3 summarizes how the area charge rate is developed. City of Prior Lake Trunk Storm Sewer Fee Determination Study 2 ....--~ Table 4 Area Charge Rates Land Use EAC Factor Charge/Acre ($/EqAc) ($/ Ac) Low Density Residential 1.00 2,943 High Density Residential 2,943 1.65 4,856 Commercial 2.07 6,092