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HomeMy WebLinkAboutResolution Modifying Enabling Resolution Regarding the Maplewood EDA Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Maplewood, nd Minnesota, was duly called and held in the Council Chambers of said City on the 22 day of July, 2019 at 7:03 p.m. The following members were present: Marylee Abrams, Mayor Present Kathleen Juenemann, Councilmember Present William Knutson, Councilmember Present Sylvia Neblett, Councilmember Present Bryan Smith, Councilmember Present Modifications to Maplewood Area Economic Development Authority (EDA) a. Public Hearing on Resolution Modifying the Enabling Resolution Regarding the Maplewood EDA Councilmember Smith moved to approve the resolution modifying the enabling resolution regarding the Maplewood Economic Development Authority. Resolution 19-07-1719 A RESOLUTION MODIFYING THE ENABLING RESOLUTION REGARDNG THE MAPLEWOOD ECONOMIC DEVELOPMENT AUTHORITY BE IT RESOLVED by the city council of the city of Maplewood, Minnesota (the “City”) as follows: Section 1. Background and Findings. 1.01. The City is authorized by Minnesota Statutes, sections 469.090 through 469.1081 (the “Act”) to establish an economic development authority in Maplewood to coordinate and administer economic development and redevelopment plans and programs in the community. 1.02. In 2009, the City adopted Ord. No. 891, establishing the Maplewood Area Economic Development Authority pursuant to the Act. Ord. No. 891 conferred on the economic development authority only those powers of an economic development authority. The economic development authority was not granted the powers of a housing and redevelopment authority under Minnesota Statutes, sections 469.001 through 469.047 or of a city under Minnesota Statutes, sections 469.124 through 469.134. 1.03. In 2012, the City adopted Ord. No. 927 which transferred the powers of the housing and redevelopment authority to the housing and economic development commission (“HEDC”). 1.04. 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 of the City and in the best interests of the health, safety, prosperity and general welfare of the citizens of the City. 1.05. It is further found and determined that the economic development and redevelopment of the City can best be accomplished by the establishment of an economic development authority imbued with the full range of powers authorized by the Act. 1.06. In accordance with the requirements of the Act, the city council provided notice and conducted a public hearing on July 22, 2019 concerning the modification of the enabling resolution regarding the economic development authority, at which hearing all persons desiring to express their views were heard. Section 2. Enabling Resolution. 2.01. The Maplewood Area Economic Development Authority is hereby renamed the Maplewood Economic Development Authority (“MEDA”) pursuant to this modified enabling resolution (the “Enabling Resolution”). All prior references to the Maplewood Area Economic Development Authority shall hereinafter refer to MEDA. MEDA is a public body corporate and politic and a political subdivision of the state of Minnesota. 2.02. MEDA shall have all the powers of an economic development authority under the Act, and the powers of a housing and redevelopment authority under Minnesota Statutes, sections 469.001 to 469.047 and of a city under Minnesota Statutes, sections 469.124 to 469.134, as such laws may be amended from time to time, except as limited by this Enabling Resolution. 2.03. MEDA shall consist of a governing body of five commissioners. The commissioners shall be the members of the Maplewood city council. Commissioners’ terms shall coincide with their terms of office as members of the city council. Section 3. Limits of Powers. 3.01. MEDA shall have the powers authorized by the Act, subject to the following limitations in the exercise of its authority: a. The sale of all bonds or other obligations issued by MEDA must be approved by the city council before issuance. b. MEDA must follow the budget process for City departments in accordance with City policies, resolutions and ordinances. c. All actions of MEDA must be consistent with the City’s comprehensive plan and official controls implementing the comprehensive plan. d. MEDA must obtain approval of the city council for all planned activities for influencing the actions of any other governmental agency, subdivision or body. e. Except when previously pledged by MEDA, the city council may by resolution require MEDA to transfer any portion of the reserves generated by its activities that the city council determines is not necessary for the successful operation of MEDA to the debt service fund of the City to be used solely to reduce tax levies for bonded indebtedness of the City. 3.02. This Enabling Resolution may be modified from time to time by the city council in the manner prescribed by the Act. 3.03. As provided in the Act, it is the intention of the city council that nothing in this Enabling Resolution nor any activities of MEDA 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. MEDA shall not modify any covenant or obligation in effect at the time any bonds or obligations were issued or contracts executed to the detriment of the holder of the bonds or obligations or any contracting party. Section 4. Officers, Organization. 4.01. MEDA shall hold an organizational meeting at such time as may be determined by the city council for the purposes below and others as may be deemed appropriate by MEDA. 4.02. MEDA may adopt bylaws and rules of procedure and shall adopt an official seal. 4.03. MEDA shall elect a president, vice president, treasurer, secretary, and assistant treasurer who shall have such duties and powers as prescribed by the Act. The president, treasurer, and secretary shall be elected annually. No commissioner shall serve as president and vice- president at the same time. The offices of secretary and assistant treasurer need not be held by a commissioner. 4.04. MEDA shall appoint an executive director and secure the services of such other persons as it deems necessary or convenient to perform its functions. 4.05. MEDA may by resolution establish one or more advisory committees to MEDA. Section 5. Audit. 5.01. The financial statements of MEDA must be prepared, audited, filed, and published or posted in the manner required for the financial statements of the City. th 5.02. The report must be filed with the state auditor by June 30 of each year. Section 6. Bonds. 6.01. MEDA may issue its general obligation bonds in the principal amounts authorized by two-thirds majority vote of the city council. a. The bonds may be issued in anticipation of income from any source and used to secure funds needed to pay for acquired property or for other purposes authorized by the Act. b. The bonds must be in the amount and form and bear interest at the rate set by the city council. c. The first installment shall be due in not more than 3 years and the last in not more than 30 years from the date of issuance. d. The bonds shall not impose any personal liability on a member of MEDA. e. The bonds shall be secured by the full faith, credit and resources of the City only if the city council specifically authorizes MEDA to do so. 6.02. MEDA may issue revenue bonds for such purposes and following such procedures as are specified in the Act. Section 7. Tax Levy. 7.01. The City may, at the request of MEDA, levy a tax in any year for the benefit of MEDA in an amount not more than 0.01813 percent of taxable market value of property within Maplewood or such other amount as allowed by the Act. The levy may be increased by resolution of the city council following a public hearing and published notice in accordance with the Act. 7.02. MEDA may, when exercising its powers as a housing and redevelopment authority, levy a tax in accordance with Minnesota Statutes, section 469.033. The levy shall be in an amount approved by the city council but shall not exceed 0.0185 percent of taxable market value of property within Maplewood or such other amount as authorized by law. Section 8. Implementation. 8.01. The city council may from time to time adopt such ordinances and resolutions as may be necessary or convenient to give full effect to this Enabling Resolution. 8.02. The mayor, city manager and other City officials are authorized and directed to take such actions and execute and deliver such documents necessary or convenient to give full effect to this Enabling Resolution. Section 9. Supersedes Previous Authorizations. 9.01. This modified Enabling Resolution constitutes the operative Enabling Resolution of MEDA as of the date of its adoption and supersedes Ord. No. 891 and those portions of Ord. No. 927 which are inconsistent herewith. Seconded by Councilmember Neblett Ayes – All The motion passed. STATE OF MINNESOTA ) COUNTY OF RAMSEY ) SS CITY OF MAPLEWOOD ) I, the undersigned, being the duly qualified and appointed City Clerk of the City of Maplewood, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes nd of a regular meeting of the City Council of the City of Maplewood, held on the 22 day of July, 2019 with the original on file in my office, and the same is a full, true and complete transcript therefrom insofar as the same relates to the public hearing for the resolution modifying the enabling resolution regarding the Maplewood Economic Development Authority. th WITNESS my hand and sealed this 12 day of November, 2019. Andrea Sindt, City Clerk City of Maplewood, Minnesota