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2. Finalize Creation of an Economic Development Authority CITY OF CHANHASSEN 690 COULTER DRIVE. P.O. BOX 147. CHANHASSEN, MINNESOTA 55317 (612) 937-1900. FAX (612) 937-5739 MEMORANDUM TO: Mayor and City Council Todd Gerhardt, Assistant City Manager ~ . April 16, 1997 FROM: DATE: SUBJ: Finalize the Creation of an Economic Development Authority Attached for the city council's consideration is a draft resolution creating an Economic Development Authority. Under this resolution, the city council must hold a public hearing when considering creating an EDA. Staffhas scheduled the public hearing for Apri128, 1997, your next regular agenda (see Attachment #2). The proposed resolutions call for the following set of criteria: 1. Number of members on the EDA: 7 members 2. Make-up of members: Council/Mayor and two citizens at large 3. Terms of Office: Mayor and Council terms will coincide with their terms as members of the city council. The two commissioners who are not members of the city council shall be appointed by the mayor with the approval of the city council. The two at-large members will have 5 and 6 year terms. Thereafter, all commissioners who are not members of the city council shall be appointed for 6 year terms. Roger Knutson has given the opinion that under state statutes the mayor is the only individual who can appoint a non-member to the EDA with the approval of the City Council. The limits of power and transfer of authority from the HRA to the city council are outlined in the attached resolution. Staff will look to further direction from the council on the resolution and its implementation at Monday night's work session. ATTACHMENTS 1. Resolution 2. Public Hearing Notice g:\admin\lg\eda I.doc C ITV OF CHANHASSEN ~ 690 COULTER DRIVE. P.O. BOX 147. CHANHASSEN, MINNESOTA 55317 (612) 937-1900. FAX (612) 937-5739 MEMORANDUM TO: Don Ashworth, City Manager Todd Gerhardt, Assistant City Manager ~. FROM: DATE: April 22, 1997 SUBJ: Economic Development Authority Appointments Staff has talked with Jim Bohn and Gary Boyle about the two non-member EDA positions that are currently vacant. Both Bohn and Boyle have indicated that they would like to serve on the EDA. Gary would like to serve as the 5 year term member and Jim as the six year term member. Staff would recommend appointing Jim Bohn for the six year term and Gary Boyle for the five year term as the two non-member EDA commissioners. ". Motion By Seconded By CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA Date Resolution RESOLUTION ENABLING THE CREATION OF AN ECONOMIC DEVELOPMENT AUfHORITY IN THE CITY OF CHANHASSEN, MINNESOTA BE IT RESOLVED by the City Council of the City of Chanhassen, Minnesota: SECTION 1. BACKGROUND AND FINDINGS. 1.01 The City is authorized by Minnesota Statutes, Chapter 469 ("the Act") and specifically Section 469.091, to establish an Economic Development Authority to coordinate and administer economic development and redevelopment plans and programs of the City of Chanhassen. 1.02 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 The economic development and redevelopment of the City can best be accomplished by the establishment of an Economic Development Authority 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 , 1997, concerning the establishing of an Economic Development Authority at which hearing all persons desiring to express their views were heard. SECTION 2. ENABLING RESOLUTION. 2.01 The Economic Development Authority of the City of Chanhassen, Minnesota ("EOA") is hereby established. The EOA is a public body corporate and politic and a political subdivision of the State of Minnesota. 2.02 Subject to the limitations contained in this Resolution, the EOA is granted the powers contained in Minnesota Statutes Sections 469.090 to 469.108, and the powers of a housing and redevelopment authority under Minnesota Statutes Sections 469.001 to 469.047 or other law. 49794.02 04/09/97 2.03 The BOA consists of a governing body of seven commissioners. Five commissioners shall be members of the City Council and serve as commissioners of the EDA for terms coinciding with their terms as members of the City Council. The two commissioners who are not members of the City Council shall be appointed by the Mayor with the approval of the City Council. One of the commissioners appointed who is not a member of the City Council shall initially be appointed for a 5- year term and one shall be appointed for a 6-year term. Thereafter, all commissioners who are not members of the City Council shall be appointed for 6-year terms. SECTION 3. LIMITS OF POWERS. 3.01 operation: The following limits shall apply to the Economic Development Authority and its (a) The sale of all bonds or 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 as implemented by the City Council and Manager. (c) All official actions of the EDA must be consistent with the City Comprehensive Plan and official controls implementing the Comprehensive Plan. 3.02 by the Act. This enabling Resolution may be modified by the City to make any changes as authorized 3.03 As provided int he 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 of the bonds or obligations or any contracting party. SECTION 4. TRANSFER OF AUTHORITY OF CHANHASSEN HOUSING AND REDEVELOPMENT AUTHORITY. 4.01 Pursuant to the authorization of Minnesota Statutes Section 469.094, the City of Chanhassen hereby transfers to the Economic Development Authority of the City of Chanhassen established by this Resolution, all activities, programs, operations, and authority of the existing City of Chanhassen Housing and Redevelopment Authority ("HRA"), including the transfer of the control, authority, and operation of any project as defined in Section 469.174, Subd. 8, or any other program or project authorized by Sections 469.001 to 469.047, or Sections 469.124 to 469.134 located within the City of Chanhassen. The EDA shall accept the control, authority, and operation of all projects, programs, or activities of the HRA. The EDA shall exercise all of the powers that the HRA could exercise. This transfer of authority from the HRA to the EDA shall be effective , 1997. 49794.02 04/09/97 2 Don Ashworth, Clerk/Manager Nancy K. Mancino, Mayor 4.02 The EDA shall covenant and pledge to perform the terms, conditions, and covenants of the bond indenture or other agreements executed for the security of any bonds issued by the Chanhassen Housing and Redevelopment Authority. The EDA shall exercise all of the powers necessary to perform the terms, conditions, and covenants of any indenture or other agreements executed for the security of the bonds and shall become obligated on any such bonds by reason of the transfer as provided in this Resolution. 4.03 All employees, if any, of the HRA as of , 19 , are hereby transferred to the authority, direction, supervision, and control of the EDA. The placement of any employees under this direction, supervision, or control of the EDA does not affect the rights of any employees of the previously existing HRA. Any employees of the HRA shall become employees of the EDA. SECTION 5. IMPLEMENTATION. 5.01 The City Council shall from time to 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 Manager, 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. PASSED AND DULY ADOPTED by the City Council of the City of Chanhassen this day of , 1997. ATTEST: 49794.02 04/09/97 3 NOTICE OF PUBLIC HEARING PROPOSED CREATION OF AN ECONOMIC DEVELOPMENT AUTHORITY CITY OF CHANHASSEN NOTICE IS HEREBY GIVEN that the Chanhassen City Council will hold a public hearing on Monday, April 28, 1997 at 7:30 p.m. in the Council Chambers in Chanhassen City Hall, 690 Coulter Drive. The pmpose of this hearing is to consider the creation of an Economic Development Authority (EDA) at which hearing all persons desiring to express their views regarding this issue will be heard. The EDA is a public body corporate and politic and a political subdivision of the State of Minnesota. The EDA could consist of a governing body of seven commissioners. Five commissioners should be members of the City Council. The two commissioners who are not members of the City Council shall be appointed by the Mayor with the approval of the City Council. One of the commissioners appointed who is not a member of the City Council shall be appointed for a 5 year term and one shall be appointed for a 6 year term. Thereafter, all commissioners who are not members of the City Council shall be appointed for 6 year terms. The sale of bonds, approval of budgets and all official actions must be consistent with the city's comprehensive plan and approved by the City Council. The city could also consider transferring all activities, programs, operations, and authority of the existing City of Chanhassen Housing and Redevelopment Authority to the Economic Development Authority. This transfer of authority would be effective by April 28, 1997. All interested persons are invited to attend this public hearing and express their opinions with respect to this proposal. Todd Gerhardt, Asst. City Manager Phone: 937-1900, ext. 119 (Publish in the Chanhassen Villager on April 17, 1997 and April 24, 1997)