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HomeMy WebLinkAbout[05] Amendment to Enabling Ordinance • CITY OF ST. JuSEPN Council Agenda Item 5 MEETING DATE: March 1, 2012 AGENDA ITEM: Amendment to Enabling Ordinance SUBMITTED BY: EDA BOARD /COMMISSION /COMMITTEE RECOMMENDATION: The EDA has recommended the enabling resolution be amended to include the following language: The three EDA Members who are not members of the City Council must be residents of the City of St. Joseph or work in, own, or operate a business within the corporate limits of the City of St. Joseph. Appointments run until the first regular meeting following the conclusion of the term and members serve until his /her successors have been duly appointed. PREVIOUS COUNCIL ACTION: The Council ordered a public hearing for March 1, 2012. BACKGROUND INFORMATION: • ATTACHMENTS: Request for Council Action Hearing Notice Resolution 2012 -005 1996 Enabling Ordinance REQUESTED COUNCIL ACTION: Consider the amendment to section 2.05 of the 1996 EDA Enabling Resolution. • 0 This page intentionally left blank • 0 �!! \ CITY OF ST. J OSFPH www.cityofstjoseph.com City of St. Joseph Public Hearing Administrator The St. Joseph City Council shall conduct a public hearing on Thursday, March 1, 2012 at Judy Weyrens 7:00 PM at the St. Joseph City Hall. The purpose of the hearing is to consider amending section 2.03 of the Enabling Resolution governing the St. Joseph Economic Development Authority (EDA). The proposed amendment will consider re- defining the qualifications for Mayor serving on the St. Joseph EDA. Rick Schultz All persons wishing to be heard will be heard with oral testimony limited to 5 minutes. Councilors Written testimony may be submitted to the City Administrator, City of St. Joseph, PO Box Steve Frank 668, St. Joseph, MN 56374. Bob Loso Renee Symanietz Dale Wick Judy Weyrens Administrator /Clerk Publish: February 25, 2012 • 25 College Avenue North • PO Box 668 • Saint Joseph, Minnesota 5 6374 Phone 320.363.72oi Fax 310.363.0342 • THIS PAGE INTENTIONALLY LEFT BLANK C.ITY ST. JUSKI•H Council Agenda Item 7(a) MEETING DATE: February 16, 2012 AGENDA ITEM: Amendment to Enabling Ordinance SUBMITTED BY: EDA BOARD /COMMISSION /COMMITTEE RECOMMENDATION: The EDA has recommended the enabling resolution be amended to include the following language: The three EDA Members who are not members of the City Council must be residents of the City of St. Joseph or work in, own, or operate a business within the corporate limits of the City of St. Joseph. Appointments run until the first regular meeting following the conclusion of the term and members serve until his /her successors have been duly appointed. PREVIOUS COUNCIL ACTION: The Council delayed action on appointing an open EDA position on January 19 for 60 days to allow the EDA time to review the membership provision of the enabling resolution and to allow additional interested persons to apply for membership. BACKGROUND INFORMATION: Amendment to the EDA enabling resolution requires a public hearing that is conducted by the City Council. The attached resolution includes the proposed language and sets the public hearing for March 1, 2012. While the language below was not developed at the EDA meeting, if it is the desire the members always meet the requirements the following language could be developed. The three EDA Members who are not members of the City Council must be residents of the City of St. Joseph or work in, own, or operate a business within the corporate limits of the City of St. Joseph. If anytime during the term of office, the appointed member does not meet the aforementioned requirements, he /she shall resign from the Board and a new member shall be appointed. The resignation of any board member shall become effective at the time a successor has been duly appointed. ATTACHMENTS: Request for Council Action Resolution 2012 -005 1996 Enabling Ordinance REQUESTED COUNCIL ACTION: Authorize the Mayor and Administrator to execute Resolution 2012 -005 scheduling the public hearing on amending the enabling Ordinance for March 1, 2012. This page intentionally left blank Resolution 2012 -005 Re- stating and Amending the Enabling Resolution which created the St. Joseph Economic Development Authority Whereas, on April 18, 1996 the St. Joseph City Council adopted and executed a resolution creating the St. Joseph Economic Development Authority, herein after referred to as the St. Joseph EDA; and Whereas, the St. Joseph Economic Development Authority has been actively working to expand the commercial and industrial tax base; and Whereas, during review of organizational process, the City Council requested the St. Joseph EDA review membership provisions of the enabling resolution dated April 18, 1996 to consider an amendment identifying the qualifications for serving on the EDA Board; and Whereas, the St. Joseph EDA on January 25, 2012 recommended the City Council conduct a public hearing on March 1, 2012 to amend section 2.03 of the Enabling Resolution to include the following language: The three EDA Members who are not members of the City Council must be residents of the City of St. Joseph or work in, own, or operate a business within the corporate limits of the City of St. Joseph. Appointments run until the first regular meeting following the conclusion of the term and members shall serve until his/her successor have been duly appointed. Now therefore be it resolved, the St. Joseph City Council accepts the recommendation of the EDA, scheduling a public hearing for Thursday, March 1, 2012 for the purpose of amending section 2.03 of the Resolution Enabling the Creation of an Economic Development Authority. Adopted this day , 2012. Rick Schultz, Mayor Judy Weyrens, Administrator This page intentionally left blank - 1 CITY OF ST. JOSEPH STEARNS COUNTY, MINNESOTA RESOLUTION ENABLING THE CREATION OF AN ECONOMIC DEVELOPMENT AUTHORITY IN THE CITY OF ST. JOSEPH, MINNESOTA BE IT RESOLVED by the City Council of the City of St. Joseph, Minnesota (City) as follows: Section 1. Background: Findings. 1.01. The City is authorized by Minnesota Statures, Chapter 469 (Act) and specifically Section 469.091, to establish an Economic Development Authority (EDA) to coordinate and administer economic development and redevelopment plans and programs of the City. 1.02. It is found and determined by the City Council that the encouragement and financial support of economic development and redevelopment in the City is vital to the orderly development and financing of the City and in the best interests of the health, safety, prosperity and general welfare of the citizens of the City. 1.03. It is further found and determined that the economic development and redevelopment of the City can best be accomplished by the establishment of an EDA as authorized by the Act. 1.04. The City Council has in accordance with the Act and Section 469.093 provided public notice and conducted a public hearing on App.:/ / ' , 1996 concerning the establishing of an EDA at which all persons wishing to be heard expressed their views. Section 2. Enabling Resolution. 2.01. The Economic Development Authority of the City of St. Joseph (EDA) is hereby established. The EDA is a Public body corporate and politic and a political subdivision of the State of Minnesota. 2.02. The EDA shall have all the powers, duties and responsibilities set forth in Sections 469.090 to 469.108 inclusive of the Act and as said Act be amended from time to time and all other applicable laws, except as limited by this Resolution. 2.03. The EDA shall consist of a governing body of five commissioners. Two of the commissioners shall be members of the City Council. All commissioners shall be appointed by the Mayor with the approval of the City Council. Those initially appointed shall be appointed for terms of two, three, four, five and six years respectively. Thereafter all commissioners shall be appointed for six year terms. A vacancy is created in the membership of the commission when a City Council member of the Authority ends Council membership or when a commissioner gives notice of resignation to the council. Section 3. Limits of Powers. 3.01. The following limits shall apply to the Economic Development Authority of the City of St. Joseph and its operation. (a) The sale of all bonds or other obligations issued by the EDA shall be first approved by the City Council. (b) The EDA shall follow the budget process for City Departments as may be provided by the City and in accordance with City policies. (c) Development and redevelopment plans of the EDA shall be consistent with the City Comprehensive Plan and official controls implementing the Comprehensive Plan. (d) The EDA shall obtain approval of its proposed plans for development and redevelopment from the City Council in accordance with City planning procedures and law. 3.02. This Enabling Resolution may be modified to make any changes only after notice and public hearing as required and as authorized by the Act. 3.03. As provided in the Act it is the intention of the City Council that nothing in this Resolution nor any activities of the EDA shall be construed to impair the obligations of the City under any of its contracts or to affect in any detrimental manner the rights and privileges of a holder of a bond or other obligation heretofore issued by the City. The City Council shall not modify any limit in effect at the time any bonds or obligations are issued or contracts executed to the detriment of the holder or the bonds or obligations or any contracting party. Section 4. Compensation. Members of the Board of Directors shall be paid for attending each of the EDA's regular or special meetings as established by City Council. Board members may be reimbursed for actual expenses that they have incurred when doing official business of the EDA. Section 5. Implementation. 5.01 The City council shall from time to time and at the appropriate time adopt such ordinances and resolutions as are required and permitted by the Act to give full effect to this Resolution. 5.02. The Mayor, The City Administrator, and other appropriate City officials are authorized and directed to take the actions and execute and deliver the documents necessary to give full effect to this Resolution. 5.03. Nothing in this resolution is intended to prevent the City from modifying this enabling resolution to impose new or different limitations on the EDA as authorized by the Act. PASSED AND DULY ADOPED BY THE CITY COUNCIL OF THE CITY OF ST. JOSEPH THIS /S DAY OF ,Q/ow % / , 1996. 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