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HomeMy WebLinkAboutEDA RES 2001-62 . , RESOLUTION NO. 2001.62 .r- AMENDED AND RESTATED RESOLUTION ENABLING THE CREATION OF AN ECONOMIC DEVELOPMENT AUTHORITY IN THE CITY OF COLUMBIA HEIGHTS; MODIFYING RESOLUTION NO. 96-01 BE IT RESOLVED By the City Cotmcil of the City of Columbia Heights, Minnesota (City) as follows: Section 1. Background and Findings 1.0 I. The City is authorized by Minnesota ss'es, Sections 469.090 to 469.1 081 (EDA Act) to establish an economic development autho to coordinate and administer economic development and redevelopment plans a rograms for the City. 1.02. By Resolution No. 96-01 approved January 8, 1996 (Enabling Resolution), the City established the Columbia Heights Economic Development Authority (CHEDA), for the purpose of coordinating and administering economic development and redevelopment in and for the City. 1.03. By resolution approved January 8, 1996, the City transferred to CHEDA the control, authority and operation of all projects then administered by the Housing and Redevelopment Authority in and for the City of Columbia Heights (HRA). r, 1.04. The City Cotmcil has determined to modify the respective powers of CHEDA and the HRA pursuant to Section 469.094, subdivision I of the EDA Act, and to that end has adopted Ordinance No. 1442 (the Allocation Ordinance). 1.05. The Allocation Ordinance generally allocates powers related to low and moderate income housing tmder Minnesota Statutes, Sections 469.001 to 469.0146 (HRA Act) to the HRA, and powers related to economic development and redevelopment to the CHEDA. 1.06. The City Council has further determined to modify the Enabling Resolution in order to conform the powers ofCHEDA with the Allocation Ordinance. 1.07. The City Cotmcil has in accordance with Minnesota Statutes Section 469.093, provided public notice and conducted a public hearing on October 22, 2001, concerning the modification of powers of the CHEDA at which all persons wishing to be heard were given an opportunity to express their views. 1.08. This resolution constitutes an amendment and restatement of the original Enabling Resolution, incorporating limitations on CHEDA's powers in accordance with the Allocation Ordinance. Section 2. Enabling Authority. 2.01. The CHEDA was established tmder the Enabling Resolution as adopted January 8, 1996. r- 2.02. The board of commissioners of the CHEDA shall consist of seven members, at least two but no more than five of whom must be members of the City Council. The members shall be appointed by the Mayor with approval of the City Cotmcil. 2.03. Commissioners shall be appointed for initial terms of one, two, three, four and five years respectively, and two members for six years. Thereafter all commissioners shall be appointed for six-year terms. Notwithstanding the above provisions, the term of any commissioner who is a member of the City Council shall coincide with that member's term of office as a City Council member. r-- 2.04. A vacancy is created in the membership of the CHEDA when a City Council member of the board of commissioners ends Council membership. A vacancy for this or any other reason must be filled for a new term or the balance of the expired term, as the case may be, in the manner in which the original appointment was made. 2.05. The following limits apply to the CHEDA and its operation: (a) The sale of bonds or other obligations of the CHEDA must be approved by the City Council. (b) The CHEDA must follow the budget process for City departments in accordance with City policies, ordinances, and resolutions and the City charter. (c) Development and redevelopment actions ofthe CHEDA must be in conformance with the City comprehensive plan and official controls implementing the Comprehensive plan. (d) The CHEDA must submit its plans for development and redevelopment to the City Council for approval in accordance with City planning procedures and laws. (e) The CHEDA shall not hire permanent or temporary employees without prior approval by the City Council. r (f) The administrative structure and management practices and policies of the CHEDA must be approved by the City Council. 2.05. Except as limited by the Allocation Ordinance, the EDA may exercise all the powers under the EDA Act, including, but not limited to, the following: (i) all powers under the lIRA Act other than those allocated to the lIRA under the Allocation Ordinance. (H) all powers ofa city under Minnesota Statutes, Section 469.124 to 469.134. (Hi) all powers and duties of a redevelopment agency under Minnesota Statutes, Sections 469.152 to 469.165 for a purpose in the HRA Act or the EDA Act, and all powers and duties in the lIRA Act and the EDA Act for a purpose in Minnesota Statutes, Sections 469.152 to 469.165. (iv) the authority to acquire property, exercise the right of eminent domain; make contracts for the purpose of redevelopment and economic development; serve as a limited partner in a partnership whose purpose is consistent with the CHEDA's purpose; buy supplies and materials needed to carry out development within the EDA Act; and operate and maintain public parking facilities. (v) the authority to issue bonds in accordance with the EDA Act and the lIRA Act. r (vi) the authority to levy special benefit taxes in accordance with Section 469.033, subdivision 6 of the lIRA Act in order to payor finance public redevelopment costs (as defmed in the lIRA Act), subject to approval by the City Council in accordance with '. , Section 469.033, subdivision 6. r' (vii) all powers under Minnesota Statutes, Sections 469.474 to 469.179, including without limitation the power to establish a housing district as defined in Section 469.174, subdivision II. 2.06. CHEDA may not exercise powers under the HRA Act that are allocated to the BRA under the Allocation Ordinance. 2.07. As provided in the EOA Act, it is the intention of the City Council that nothing in this resolution nor any activities of the CHEOA are to be construed to impair the obligations of the City or HRA under any of their 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, CHEDA or the HRA. Section 3. Implementation. 3.01. The City Council will from time to time and at the appropriate time adopt such ordinances and resolutions as are required and permitted by the EOA Act to give full effect to this resolution. 3.02. The Mayor, the 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. r 3.03. Nothing in this resolution is intended to prevent the City from modifying this Enabling Resolution or the Allocation Ordinance to impose new or different limitations on the CHEDA as authorized by the EDA Act. Passed this 22"" day of October 2001. Offered by: Second by: RollCall: Szarek Williams Ayes: Szarek, Williams, Wyckoff, Peterson r'