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HomeMy WebLinkAbout7A EDA Enabling Resolution Report 4646 Dakota Street SE Prior Lake, MN 55372 CITY COUNCIL AGENDA REPORT MEETING DATE: MAY 21, 2018 AGENDA #: 7A PREPARED BY: PRESENTED BY: CASEY MCCABE, COMMUNITY DEVELOPMENT DIRECTOR CASEY MCCABE AGENDA ITEM: PUBLIC HEARING TO CONSIDER APPROVAL OF A RESOLUTION AMEND- ING THE ECONOMIC DEVELOPMENT AUTHORITY ENABLING RESOLU- TION PURSUANT TO THE PROVISIONS OF MINNESOTA STATUTES, CHAPTER 469 DISCUSSION: Introduction The purpose of this public hearing is to solicit resident input regarding a proposal to amend the enabling resolution of the Prior Lake Economic Development Au- thority (EDA) to allow the EDA to expend funds from the EDA Special Revenue Fund (Fund 240) for eligible economic development initiatives. History The Minnesota State Legislature enacted Minnesota Statues, Sections 469.090 to 469.108 authorizing any statutory or home rule charter city to establish an economic development authority. In 1989, the Prior Lake City Council estab- lished an economic development authority by adoption of Enabling Resolution 89-17; and thereafter amended the Enabling Resolution in 1996 by adoption of Resolution 96-99, in 2000 by adoption of Resolution 00-119, in 2010 by adoption of Resolution 10-097 and in 2013 by adoption of Resolution 13-018. The EDA and City Council held a joint work session on Monday, April 16th. Dur- ing the work session the EDA requested a funding mechanism be created which would allow for the EDA to request, and the City Council to approve, periodic allocations from the Prior Lake General Fund (Fund 101) to the EDA Special Revenue Fund (Fund 240). In addition to the funding request, the EDA also requested the City Council au- thorize the EDA to expend funds so allocated, provided that the purpose is con- sistent with the approved EDA Business Plan. Minnesota State Statute requires a public hearing to be held by the City Council to amend the EDA Enabling Resolution. The statutory requirements set out in Minnesota Statutes 469.093, Procedural Requirement, state: Subdivision 1. Enabling resolution. The creation of an authority by a city must be by written resolution referred to as the enabling resolution. Before adopting the enabling resolution, the city council shall conduct a public hearing. Notice of the time and place of hearing, a statement of the purpose of the hearing, and a summary of the resolution 2 must be published in a newspaper of general circulation within the city once a week for two consecutive weeks. The first publication must appear not more than 30 days from the date of the public hearing. Subd. 2. Modifications. All modifications to the enabling resolution must be by written resolution and must be adopted after notice is given and a public hearing conducted as re- quired for the original adoption of the enabling resolution. Current Circumstances The EDA received direction from the City Council during the April 16th work ses- sion to prepare a document that identifies how additional funding could be re- quested, approved and used to achieve a greater economic development impact in the community than existing resources allow. The EDA has prepared a 2018 EDA Business Plan for City Council review, which will be considered later in this evening’s agenda under item 9D. The Business Plan identifies the EDA’s purpose, accomplishments and goals as well as initia- tives and funding sources. The EDA’s intent is to update the Business Plan annually for City Council review and approval, so the EDA can be assured that it is expending funds on appropriate economic development initiatives. To receive authority to expend EDA Special Revenue Funds without City Council approval in each specific case, amendments to the EDA Enabling Resolution are required. The City Attorney has proposed amendments, which are shown with the addition of 10C on the attached resolution as well as a revision to Section 3G of the Enabling Resolution to clean up the language related to Federal Tax Law. Conclusion The City Council should determine if it concurs with the proposed amendments to the EDA Enabling Resolution which would allow the EDA to expend funds from the EDA Special Revenue Fund (Fund 240) for eligible economic develop- ment initiatives. The City Council will be asked to consider two resolutions this evening. The first resolution is before the Council with this agenda item; a resolution amending the EDA Enabling Resolution to include language which allows the EDA to utilize EDA Special Revenue Funds to facilitate economic development initiatives iden- tified in the EDA Business Plan and approved annually by the City Council. The second request, under item 9D later in this agenda, will be approval of a resolution which includes three actions: 1) approval of the EDA 2018 Business Plan; 2) authorizing transfer of funds from the Prior Lake General Fund to the EDA Special Revenue Fund; and 3) authorizing the EDA to utilize the EDA Spe- cial Revenue Fund for approved economic development initiatives. ISSUES: Approval of the attached resolution will allow the EDA to expend funds for eco- nomic development initiatives without first receiving approval from the City Coun- cil in each specific case; however, the EDA will only be allowed to expend funds on initiatives identified within the EDA Business Plan, which will be approved annually by the City Council. 3 These actions collectively, significantly improve the tools available to the Prior Lake Economic Development Authority to attract and retain businesses and to improve the business climate generally in the community. FINANCIAL IMPACT: With the approval of the attached resolution, the EDA would have the authority to utilize non-budgeted funds from the EDA Special Revenue Fund for eligible economic development initiatives as identified in the EDA Business Plan (agenda item 9D). ALTERNATIVES: 1. Motion and a second approving the resolution amending the Prior Lake Eco- nomic Development Authority Enabling Resolution pursuant to the provisions of Minnesota Statutes, Chapter 469. 2. Motion and a second to deny approval of the resolution amending the Prior Lake Economic Development Authority Enabling Resolution pursuant to the provisions of Minnesota Statutes, Chapter 469. 3. Motion and a second to table action and provide further direction to staff and the EDA. RECOMMENDED MOTION: Alternative #1 ATTACHMENTS: 1. Resolution Amending the EDA Enabling Resolution 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 18-___ A RESOLUTION AMENDING RESOLUTIONS 13-018, 10-097, 00-119, 96-99 AND 89-17 WHICH ESTABLISHED THE PRIOR LAKE ECONOMIC DEVELOPMENT AUTHORITY PURSUANT TO THE PROVISIONS OF MINNESOTA STATUTES, CHAPTER 469 Motion By: Second By: WHEREAS, The Minnesota State Legislature has enacted Minnesota Statues, Sections 469.090 to 469.108 authorizing any statutory or home rule charter city to establish an economic development authority having the powers contained in the Enabling Act and a housing and redevelopment authority established under Minnesota Statutes, Sections 469.001 to 469.047 or other law, and a city under Minnesota Statutes, Sections 469.124 to 469.134 or other law; and WHEREAS, In 1989, the City Council of Prior Lake established such an economic development authority by adoption of Enabling Resolution 89-17; and thereafter amended the Enabling Resolution in 1996 by adoption of Resolution 96-99, in 2000 by adoption of Resolution 00-119, in 2010 by adoption of Resolution 10-097 and in 2013 by adoption of Resolution 13-018; and WHEREAS, The City Council desires to further amend the Enabling Resolution; and WHEREAS, This Enabling Resolution defines the relationship between the Economic Development Authority and the City Council; and WHEREAS, It is intended that this resolution may be amended from time to time as required to further define or redefine the respective roles of the Economic Development Authority and the City Council regarding development and redevelopment within the City ; and WHEREAS, This resolution and the actions taken hereunder provide for the City Council to establish broad policies for public assisted development within the City and delegate that the implementation of such policies will be the responsibility of the Economic Development Authority; and WHEREAS, The City Council believes 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 future development within the City to increase the tax base, promote employment and enhance the health, safety and welfare of city residents; and 2 WHEREAS, The City has complied with the statutory requirements set out in the Enabling Act pertaining to making a change in the composition of the Economic Development Authority; to wit: (1) legal notice of the time and date of the public hearing was duly published and mailed in accordance with State Statute and City; and (2) the City Council conducted a public hearing on May 21, 2018 to provide an opportunity for those interested in this amendment to the Enabling Resolution to express their views. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA as follows: 1. The recitals set forth above are incorporated herein. 2. Establishment. There is hereby created in the City an Economic Develop ment 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 Enabling Ac t, or other law, 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 responsibi lity 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 City Council. 3. 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 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, Minnesota Statutes, Sections 469.124 to 469.134. G. “Federal Tax Law Limitation Act” means the provisionscertain 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 Minnesota Statutes, Section 474A.02Section 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, 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 area 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, t he 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. 3 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 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 redevelopm ent 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. 4. 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 betwee n the terms of this Enabling Resolution and any such statute, the statute sha ll 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. 5. Name. The economic development authority created by the Enabling Ac t and this Enabling Resolution shall be known legally as the Prior Lake Economic Development Authority (EDA) or “Authority.” 6. Governing Body. The governing body (“board”) of the Authority shall be vested in a five (5) member board, a majority of whom shall constitute a quorum for all purposes. A. The governing board of the Authority shall be made up of five (5) members. Two (2) of the members shall be appointed from the City Council and the remaining three (3) members shall be appointed from among individuals who either live in the City or who own a controlling interest in a business located within the City (“community members”). B. The Mayor shall appoint the Authority commissioners with the app roval of the City Council. C. Terms of office, removal and filling vacancies shall be set out in the EDA Bylaws. D. The Authority shall establish bylaws, with the approval of the City Council, to govern the operation of the Authority. E. The conduct and actions of EDA commissioners shall be gove rned by a Code of Conduct and Ethics and Conflict of Interest provisions set out in the EDA Bylaws. 7. Officers of the Authority. The commissioners of the Authority shall elect officers as provided in Section 469.096 of the Enabling Act. The City Manager shall be Execut ive Director to the Authority. 8. Authority Staff. A. The Authority shall be empowered to hire such employees, ag ents and consultants as deemed proper and as further provided by the Enabling Act. Such emp loyees, agents and consultants shall assist the commission in performing the following powers and duties: 1. To see that all resolutions, rules, 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. 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 4 or carry out the powers and duties of the Authority or the e fficient 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. 9. Reports. A. At least once annually, the Authority shall submit a report to the members of the City Council and public regarding the operational status of the Authority. Such report shall comply with Minnesota statutes Section 469.100, Subdivision 4 and shall include a description of current and proposed projects as well as 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 provided to the City Council and Mayor and shall be available to members of the public unless classified as p rivate or non-public under the Minnesota Data Practices Act or classified as private or non -public by a state of federal statute classifying the data as private or non-public. 10. 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 monies and other necessary financial matters of the Authority shall be the responsibility of the Auth ority Treasurer. The Authority accounting, investment, fund maintenance and disbursement shall be consistent with City procedures. B. On or before July 30 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 of the Enabling Act. The City Council may impo se such conditions as it deems appropriate and prudent upon the issuance of obligations by the City for the purpose of funding the Authority’s budget. The City Manager, in consultation with the City Finance Director shall review and consider including the proposed Authority budget as a part of t he City budgetary process. The Authority shall appear before the City Council to 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 Council authorizes the Authority to expend non-budgeted funds from the EDA Special Revenue Fund (Fund 240) for eligible “Special Revenue Fund Economic Development Initiatives”, as specifically identified by the Authority in the EDA Business Plan which Plan is to be approved by the Council annually. B.D. The fiscal year of the Authority shall be the same as the fiscal year of the City of Prior Lake. 11. Powers. A. The Authority may exercise all of the powers contained in the Enabling Act and the 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 agen cy contained in the Industrial Bond Act. 5 E. The Authority may exercise all of the powers of a city contained in the Housing Finance Act, provided it has been 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. H. The Authority may appoint subcommittees as it deems necessary to carry out its other powers and duties. All subcommittees shall comply with the Minnesota Open Meeting Law. 12. Limit of Powers. A. The sale of all bonds issued by the Authority must be approved by the City Council before issuance. B. The ability of the Authority to participate as a limited partner in a development project must have prior approval of the City Council. C. All official actions of the Authority must be consistent with the adopted comprehensive plan of the City, and any official controls implementing the comprehensive plan. D. The Authority must submit its bylaws, administrative structure and management practices to the City Council for approval. E. The Authority may exercise tax increment financing authority powers o nly with the prior approval of the City Council. PASSED AND ADOPTED THIS 21st DAY OF MAY 2018. VOTE Briggs McGuire Thompson Braid Burkart Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ ______________________________ Frank Boyles, City Manager