HomeMy WebLinkAbout02/06/1997 ADJ.REG.SES SION SHAKOPEE, MINNESOTA FEBRUARY 6, 1997
LOCATION: 129 Holmes Street South
Mayor Jeff Henderson presiding
1] Roll Call at 5:00 P.M.
2] Public Hearing:
Shall the City of Shakopee modify the enabling resolution that created the Shakopee
Economic Development Authority(EDA)to provide that the members of the City
Council shall serve as the board of commissioners of the EDA? - Res. No. 4610
3] Other business
4] Adjourn to Tuesday, February 18, 1997 at 7:00 P.M.
- a•
Memo
To: City Administrator
From: Gary C. Morke
CC: City Attorney
Date: February 5, 1997
Re: Timing of Public Hearing -EDA
Aftern
co tactrng the Attorney Generals office and speaking with Mr. Ken Raskey I am
submitting the following flow as to why I believe this is an improper hearing.
The original requirement:
Minnesota Statutes 1996, Table of Chapters
Table of contents for Chapter 469
469.093 Procedural requirement.
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 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 i. given and a public hearing conducted as
required for the original adoption of the enabling resolution.
hI8T: 1987 c 291 s 94
Copyright 1996 by the Office of Revisor of Statutes, State of Minnesota.
•Page 1
DEFINITION
According to the Attorney Generals office and my research, there is no defmition for the
words consecutive weeks but there is a definition for successive weeks as seen below.
Minnesota Statutes 1996. Table of Chapters -
Table of contents for Chapter 645
645.13 Time;publication for successive weeks
When the term "successive weeks" is used in any law providing for the publishing of
notices,the word "weeks shall be construed as calendar weeks The publication upon any day
of such week, shall be sufficient publication for that week,but at least five days shall elapse
between each publication At least the number of weeks specified in"successive weeks shall
elapse between the first publication and the day for the happening of the event for which the
publication is made.
HIST 1941c492- 13
Copyright 1996 by the Office of Revisor of statutes, State of Nfinnesota
Correlation of terms
The MW dictionary definition of the word consecutive
con*sec*u*tive(adjective)
First appeared 1611
: following one after the other in order: SUCCESSIVE
con*sec*u*tive*ly(adverb)
con*sec*u*tive*ness(noun)
Thus the sentence:
" At least the number of weeks specified in "successive weeks shall elapse between the first
publication and the day for the happening of the event for which the publication is made."
Thus I believe supports the contention that the proper date of the meeting should be the 13th
of February and not the 6th of February.
Thank You for your consideration and action
Gary C. Morke
•Page 2
• 11 " ,j'
1
'.` 469.092 ECONOMIC DEVELOPMENT
•l'.i ' '
I 469.001 to 469.047,469.090 to 469.108,and 469.124 to 469.134 or that the auth �
}' ': must not exercise any powers without the prior approval of the city council;
1 bythe authority,the city council may(2) that,except when previously pledged y by
resolution require the authority to transfer any portion of the reserves generated
activities of the authority that the city council determines is not necessary for the
eessful operation of the authority to the debt service fund of the city,to be used solely
to reduce tax levies for bonded indebtedness of the city
` (3) that the sale of all bonds or obligations issued by the authority be approved by
• the city council before issuance;
(4) that the authority follow the budget process for city departments as provided
jby the city and as implemented by the city council and mayor;
. (5) that all official actions of the authority must be consistent with the adopted
comprehensive plan of the city,and any official controls implementing the comprehea-
sive plan;
(6) that the authority submit all planned activities for influencing the action of any
other governmental agency,subdivision,or body to the city council for approval;
(7) that the authority submit its administrative structure and management pray.
rices to the city council for approval;and
(8) any other limitation or control established by the city council by the enabling
resolution.
' Subd. 2_ Modification of resoladom.The enabling resolution may be modified at
any time,subject to subdivision 5,and provided that any modification is made in accor-
.L .t.: ..= dance with this section.
Subd. 3_Report on resolution.Without limiting the right of the authority to pen-
tion the city council at any time,each year,within 60 days of the anniversary date of
the first adoption of the enabling resolution,the authority shall submit to the city colla.
t? --- i cil a report stating whether and how the enabling resolution should be modified.Within
:' x 30 days of receipt of the recommendation,the city council shall review the enabling
t-' resolution,consider the recommendations of the authority,and make any modification
' appropriate_ Modifications must be made in accordance with the proea
it considers
:; dural requirements of section 469.093.
_ Subd. 4.Compliance.The city council's determination that the authority has tom.
plied with the limitations imposed under this section is conclusive_
Subd_ 5. Limits;security.Limits imposed under this section must not be applied
in a manner that impairs the security of any bonds issued or contracts executed before
the limit is imposed.The city council must 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_
History: 1987 c 291 s 93
469.093 PROCEDURAL REQUIREMENT.
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.Noticem ofmary of the
time
and place of hearing,a statement of the purpose of the hearirg,and
resolution 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 adoption of the ts given and a enablin8 resolutian.c hearing eon-
,.
er notice
ducted as required forthe
History: 1987 c 291 s 94
CITY OF SHAKOPEE /1. 8. /I.
Memorandum
TO: Mayor and City Council
FROM: Mark McNeill, City Administrator
SUBJECT: EI:)A. Structure and Effectiveness
DATE: January 17, 1997
INTRODUCTION:
'.Che Council is asked to discuss the effectiveness and structure of the Economic Development
Authority.
BACKGROUND:
On February 6, 1996, the then newly elected City Council established by resolution a
restructured EDA, consisting of five citizens at large, and two Councilmembers. The citizens at
large were appointed to terms of six years, which have staggered ending dates.
After operating for a year under the new system, Mayor Henderson has expressed concern that
the format is duplicative and delays developers unnecessarily - oftentimes, the same presentation
must be made to both the EDA and the City Council. For that reason, he is proposing to
reconstitute the EDA membership so that the City Council alone serves as the EDA.
PROCESS:
The City Attorney advises that to make this change, publication must be made for two
consecutive weeks notifying the public of a public hearing. The public hearing would be held,
and the City Council could then modify the enabling,resolution that created the Shakopee
Economic Development Authority, should that be their desire after taking public input.
Mayor Henderson proposes that this be done, and that a special meeting be held Thursday,
February 6th, at 4:30 PM for a Public Hearing.
A notice of the public hearing, and copy of a resolution which would change the membership,
should that be the Council's desire, is attached.
ACTION REQUIRED:
If the Council wishes to make the change as proposed by Mayor Henderson, it should, by
motion, call for a public hearing to be held at 4:30 PM Thursday, February 6th, to consider
modifying the enabling Resolution No. 4381, relating to then EDA membership.
Mark McNeill
City Administrator
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City Council of the City of Shakopee will meet
on
Thursday , Feb . 6 , 1997
at 4 : 30 p.m. in the Council Chambers in City Hall, 129 Holmes Street South, Shakopee,
Minnesota,to conduct a public hearing on the question of modifying the enabling resolution that
created the Shakopee Economic Development Authority (EDA) pursuant to Minnesota Statutes,
Sections 469.090 to 469.108.
Summary of Modification to the Enabling Resolution
The enabling resolution that created the EDA was approved by the City Council on April
4, 1995 and modified on February 6, 1996. Under the enabling resolution as modified, the board
of commissioners of the EDA consists of seven members appointed by the Mayor and approved
by the City Council, at least two of whom must be members of the City Council. The proposed
modification provides that members of the City Council shall serve as the board of commissioners
of the EDA. Their terms as EDA commissioners would coincide with their terms as
Councilmembers_
Hearing
At the public hearing any person wishing to express a view regarding the modification to
the enabling resolution will be heard orally or in writing. At the conclusion of the hearing or any
adjournment thereof, the City Council will take whatever action it deems necec ary with regard
to the proposed modification. A copy of the full text of the modification to the enabling
resolution is on file for public inspection in the office of the City Clerk at City Hall during
normal business hours.
BY ORDER OF THE CITY COUNCIL
City CIerk
Dated: [date of publication)
SJH116147
SIi155-24
CITY OF SHAKOPEE
Memorandum
TO: Mayor and City Council
FROM: Mark McNeill, City Administrator
SUBJECT: EDA Structure and Effectiveness
DATE: January 17, 1997
INTRODUCTION:
The Council is asked to discuss the effectiveness and structure of the Economic Development
Authority.
BACKGROUND:
On February 6 1996, the then newly elected City Council established by resolution a\
restructured EDA, consisting of five citizens at large, and two Councilmembers. The citizens at
large were appointed to terms of six years, which have staggered ending dates.
After operating for a year under the new system, Mayor Henderson has expressed concern that
the format is duplicative and delays developers unnecessarily- oftentimes, the same presentation
must be made to both the EDA and the City Council. For that reason, he is proposing to
reconstitute the EDA membership so that the City Council alone serves as the EDA.
PROCESS:
The City Attorney advises that to make this change, publication must be made for two
consecutive weeks notifying the public of a public hearing. The public hearing would be held,
and the City Council could then modify the enabling resolution that created the Shakopee
Economic Development Authority, should that be their desire after taking public input.
Mayor Henderson proposes that this be done, and that a special meeting be held Thursday,
February 6th, at 4:30 PM for a Public Hearing.
A notice of the public hearing, and copy of a resolution which would change the membership,
should that be the Council's desire, is attached.
ACTION 2EQUIRED:
if the Council wishes to make the change as proposed by Mayor Henderson, it should, by
motion, call for a public hearing to be held at 4:30 PM Thursday, February 6th, to consider
modifying the enabling Resolution No. 4381, relating to the EDA membership.
Mark McNeil
City Administrator
RESOLUTION NO. 4610.
A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING
RESOLUTION NO. 4206 REGARDING THE CREATION OF AN ECONOMIC
DEVELOPMENT AUTHORITY, BY CHANGING THE MEMBERSHIP OF
GOVERNING BODY OF THE AUTHORITY
WHEREAS,the City Council created the Shakopee Economic Development Authority(the
"EDA) by Resolution No. 4206 approved April 4, 1995 (the "Enabling Resolution"),pursuant to
Minnesota Statutes, Sections 469.090 to 469.1081 (the "EDA Act"); and
WHEREAS, the Enabling Resolution initially designated a seven-member board of
commissioners of the EDA, consisting of all City Council members plus two citizens appointed
by the Mayor and approved by the City Council; and
WHEREAS, by Resolution No. 4381 approved February 6, 1996, the City- Council
modified the Enabling Resolution to provide that the EDA board of commissioners would consist
of seven commissioners appointed by the Mayor and appro\►ed by the City Council, at least two
of whom must be members of the City Council; and
WHEREAS,pursuant to Section 469.092, Subd. 2 of the EDA Act,the City Council may
modify the Enabling Resolution at any time; and
WHEREAS, pursuant to Section 469.095, subd. 2(d) of' the EDA Act, the Enabling
Resolution may provide that the members of the City Council shall serve as the commissioners
of the EDA; and
WHEREAS,the City Council has determined to further modify the Enabling Resolution,
and on this date held a duly-noticed public hearing regarding modification of the Enabling
Resolution at which all interested persons were given an opportunity to be heard.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SHAKOPEE, MINNESOTA AS FOLLOWS:
1. Resolution No. 4206, A Resolution Creating an Economic Development Authority, is
hereby amended by repealing paragraph 3 of the Enabling Resolution,and replacing it with a new
paragraph 3. reading as follows:
3. The City Council of the City of Shakopee shall serve as the board of
commissioners of the EDA. The term of EDA commissioners will coincide with
their term of office as members of the City Council. A vacancy is created in the
membership of the commission when a City Councilmember ends Council
membership.
2. The Enabling Resolution remains in full force and effect and is not modified except
as provided herein.
SJ8116145
SH155-24
3. This resolution is effective upon approval by the City Council.
Passed in session of the City Council of the City of Shakopee,
Minnesota this day of , 1997.
Mayor
Attest:
City Clerk
SJB116145
SHISS-x4
CITY OF SHAKOPEE
MEMORANDUM
To: Mayor and City Council
From: Mark Miller, President of the Economic Development Authority
Subject: EDA Structure and Effectiveness
Date: January 21, 1997
In the January 17, 1997 memorandum from the City Administrator to the Mayor and City
Council, Mr. McNeill addresses Mayor Henderson's proposal to reconstitute the EDA
membership so that the City Council alone serves as the EDA.
The memorandum states, "Mayor Henderson expressed concern that the current format is
duplicative and delays developers unnecessarily- oftentimes,the same presentation must be
made to both the EDA and the City Council." For this reason alone the Mayor is proposing this
drastic change to the EDA membership.
I would like to suggest an alternative solution to the Mayors concerns. A majority of the EDA
Commissioners have indicated they would attend City Council meetings that have developer
presentations. This prevents any delays a developer would experience by having to repeat the
presentation while maintaining the advantages of the current two body system of city
government.
Finally, the EDA continues to request the first joint meeting of this City Council and EDA at the
Council's earliest opportunity. A meeting of this nature would allow the sharing of information
and ideas necessary for the two groups to work in concert assuring the very finest development
takes place in the City of Shakopee.
Mark Miller
President
Economic Development Authority