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6.a) Res 01-20-15-04 Increasing Size of EDAA RESOLUTION APPROVING A MODIFICATION TO THE ENABLING RESOLUTION OF THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF SCANDIA, MINNESOTA BE IT RESOLVED By the City Council (the "Council") of the City of Scandia, Minnesota (the "City") as follows: WHEREAS, The City established the Economic Development Authority of the City of Scandia, Minnesota (the "EDA") pursuant to Resolution No. 05-21-13-01, adopted by the Council on May 21, 2013 (the "Enabling Resolution"), and Minnesota Statutes, Sections 469.090 through 469.1081, as amended (the "Act"). The EDA's Board of Commissioners currently consists of five members, two of whom are also members of this Council. It has been proposed to amend the Enabling Resolution to increase the Board of Commissioners of the EDA to seven members, of which at least two members must also be members of this Council. Section 469.095, Subdivision 3 of the Act allows for an EDA to be increased from five to seven members by a resolution adopted by the Council following the procedure provided for modifying the Enabling Resolution in Section 469.093 of the Act; and WHEREAS, To modify the Enabling Resolution, a resolution must be adopted after a public hearing is held, identical to the process for the initial adoption of the Enabling Resolution. Notice of the public hearing was published in the Country Messenger on December 31, 2014 and January 7, 2015. This Council held a public hearing on Tuesday, January 20, 2015, at or after 7:00 p.m., to modify the Enabling Resolution, for the primary purpose of increasing the membership of the Board of Commissioners of the EDA from five to seven members (the "Public Hearing"). Additional modifications to the Enabling Resolution may be proposed at the Public Hearing and ratified at a later date. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE COUNCIL OF THE CITY OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that Section 2.02 of the Enabling Resolution is amended as follows: 2.02. The EDA shall be governed by a board of commissioners consisting of seven members, two of whom shall be members of the Council. The appointments of the non -Council commissioners, as of the date of approval of this Enabling Resolution (May 21, 2013), shall be for the following terms: one (1) for three years, one (1) for four (4) years and one (1) for five years. As of the date of expansion of the board of commissioners from five to seven members (January 20, 2015), the initial terms of the additional commissioners shall be for the following terms: one (1) for one (1) year and one (1) for two (2) years. Thereafter, the terms of the non -Council commissioners shall be six (6) years and until their successors are appointed and qualified. The terms of Council members serving as EDA commissioners shall coincide with their respective terms of office on the Council. Each commissioner of the EDA who is a member of the Council shall cease to be a commissioner effective at such time as he or she is no longer a member of the Council, and a successor commissioner shall be appointed pursuant to the Act to serve the remainder of the applicable term (if any) so vacated. Passed and adopted by the City Council of the City of Scandia, Minnesota this 20th day of January, 2015. CITY OF SCANDIA, MINNESOTA Randall Simonson, Mayor Attest: Kristina Handt, City Administrator