07.b Public Hearing Report and Resolution Amending Scandia EDASCA Dln
Staff Report
Date of Meeting: April 18, 2023
To: Mayor and City Council
From: Anne Hurlburt, Interim City Administrator
Re: Public Hearing, Enabling Resolution for Scandia Economic
Development Authority (EDA)
Action Requested:
Hold a public hearing to consider amending the enabling resolution establishing the Scandia
EDA, designating that the EDA will be governed by a five -member Board of Commissioners, all
of whom would be members of the City Council of the City of Scandia.
Background:
-On February 21, 2023, the City Council received a report recommending that the board of the
Scandia EDA be reconstituted to be the City Council. The Council voted to proceed with the
recommended changes and directed the City Attorney to determine the process required. On
March 21, the Council voted to hold the required public hearing at the April 18 meeting. The
City Attorney has provided a redline and clean version of the proposed Amended and Restated
Resolution, Amending Resolution 05-21-13-01, Enabling the Establishment of the Economic
Development Authority of the City of Scandia, both of which are attached.
Some of the advantages to constitute the Council as the EDA are:
■ Avoiding the need to recruit, interview and appoint members for a separate board.
• Avoiding duplication of effort, as Council approval is needed for all EDA action items.
• Reducing the burden on staff to support a separate committee, and allow that staff time to
be used instead for advancing the city's goals.
• Eliminating confusion of terms for EDA members—terms are concurrent with your city
council terms.
• Reducing the staff burden to maintain separate financial accounts for the EDA as
required by the current bylaws.
■ The city can continue its efforts in tourism and business outreach without a separate EDA
board.
Recommendations:
I recommend that the Council hold the public hearing, and thereafter approve the resolution.
If it is adopted, the City Council would meet (as the EDA) at a duly noticed future date and time
to hold an organizational meeting to adopt revised bylaws for the Scandia EDA. This EDA meeting
may be held before, after, or during a regularly scheduled Council meeting.
Attachments:
Draft Amended and Restated Resolution (redline)
Draft Resolution (clean version for adoption and, if approved, execution).
CITY OF SCANDIA
RESOLUTION NO. 04-18-23-0_
RESOLUTI ANIENDEDING AND RESTATED RESOLUTION AMENDING
RESOLUTION 05-21-13-01 ENABLING THE ESTABLISHMENT OF THE
ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF SCANDIA,
MINNESOTA, PURSUANT TO MINNESOTA STATUTES, SECTIONS 469.090
THROUGH 469.1082, AS AMENDED
BE IT RESOLVED by the City Council (the "Council") of the City of Scandia, Minnesota (the
"City"), as follows:
Section 1. Recitals.
1.01. The City is authorized pursuant to Minnesota Statutes, Sections 469.090 through
469.1082, as amended (the "Act") to establish an economic development authority for the City and the
Council desires to do so in order to promote certain economic, commercial, housing and industrial
development and redevelopment goals and objectives.
1.02. The Council hereby finds that the encouragement and financial support of economic
development and redevelopment in the City is vital to the orderly development and is in the best interests
of the health, safety, prosperity and general welfare of the residents of the City.
1.03. After tT-he City ha-s—caused notice of a public hearing on the establishment of an
economic development authority to be published in a newspaper of general circulation in the City once
each week for two consecutive weeks, and pursuant to such notice, a public hearing on the proposal whas
been held by the Council on the date hereof, at which hearing all persons desiring to present their oral or
written comments on the proposal were given an opportunity to do so_ the C itN adopted Resolution No.
05-21-13-01. dated Mav 21, 2013, enabling the establishment of the economic development authority of
the City of Scandia. Minnesota, pursuant to Minnesota Statutes. Section 469.090 through 469.1082, as
amended. -
1.0.4. On the current proposal to amend and restate enabling Resolution No. 05-21-13-01
amending section 2.02 of the enabling resolution, to designate that the economic development authority
for the City be governed by a Five -member Board of Commissioners. all of whom would be members of
the City Council of the City of Scandia, the City has caused notice of a public hearing to be published in a
ne - a er of general circulation in the City once each week for two coslsecutive weeks. and Pursuant to
such notice a pubIic hearin r on thero osal has been held by the CounciI on the date hereof, at which
hearing all persons desiring to present their oral or written comments on the proposal were given an
opportunity to do so.
Section 2. Establishment of Economic Development Authorit .
2.01. Pursuant to the Act, the Council establishes an economic development authority for the
City to be known as the Economic Development Authority of the City of Scandia, Minnesota (the
"EDA").
2.02. The EDA shall be governed by a board of commissioners consisting of five members,
i
alit -we of whom shall be members of the Council.�T--heiiTi�a� ne+�*cam ef the ne;; ouneaI
iltitil he ft,!.- tile FI.I
- . fat-,
A aiid-gkiali+�T.he terms of the Council M+rrembers serving as EDA
commissioners shall coincide with their respective terms of office as members of o+ --the Council. Each
commissioner of the EDA whe is a membe•- ar the Coll_ uil shall cease to be a commissioner effective
immediately whenat suchep rson time as lie OF �' � 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.
Section 3. Powers.
3.01. The EDA shall have all powers given to an economic development authority pursuant to
the Act, as the same may be amended or supplemented from time to time, including the powers of a
housing and redevelopment authority contained in Minnesota Statutes, Sections 469.001 through 469.047,
as amended, and the powers of a city under Minnesota Statutes, Sections 469.124 through 469.134, as
amended.
3.02. The sale of all general obligation or revenue bonds of the EDA must be approved by the
Council before such bonds or obligations are issued.
3.03. The EDA shall follow the budget process for City departments as provided by the City
and as implemented by the Council.
3.04. All actions of the EDA must be consistent with the adopted comprehensive plan of the
City and any official controls implementing the comprehensive plan.
3.05. The general budget of the EDA must be transmitted and approved by the Council at the
same time as the City's general budget.
3.06. Notwithstanding Section 469.101, Subdivision 4 of the Act, the EDA may not take or
attempt to take any property within the City by eminent domain without the prior approval of the Council.
3.07 As a means of more clearly setting forth its powers and rules of procedure, at its initial
organizational meeting the EDA shall adopt a set of By -Laws, which shall, among other things, establish
the general policy duties and provide for the appointment of the President, Vice -President, Treasurer,
Assistant Treasurer, and Secretary. The initial By -Laws and subsequent amendments thereto must also be
approved by a majority vote of the Council.
Adopted by the Scandia City Council this 18"' 24" day of Aprillay, 202 3.;
Mayor
ATTEST:
1 ,'� r;;C hrisune Maefskv:
' iz iijna tl.,nk Cite AdministratorlA�-�Clerk
CITY OF SCANDIA
RESOLUTION NO. 04-18-23-0_
AMENDED AND RESTATED RESOLUTION, AMENDING RESOLUTION 05-
21-13-01 ENABLING THE ESTABLISHMENT OF THE ECONOMIC
DEVELOPMENT AUTHORITY OF THE CITY OF SCANDIA, MINNESOTA,
PURSUANT TO MINNESOTA STATUTES, SECTIONS 469.090 THROUGH
469.1082, AS AMENDED
BE IT RESOLVED by the City Council (the '`Council") of the City of Scandia, Minnesota (the
"City"), as follows:
Section 1. Recitals.
1.01. The City is authorized pursuant to Minnesota Statutes, Sections 469.090 through
469.1082, as amended (the "Act") to establish an economic development authority for the City and the
Council desires to do so in order to promote certain economic, commercial, housing and industrial
development and redevelopment goals and objectives.
1.02. The Council hereby finds that the encouragement and financial support of economic
development and redevelopment in the City is vital to the orderly development and is in the best interests
of the health, safety, prosperity and general welfare of the residents of the City.
1.03. After the City caused notice of a public hearing on the establishment of an economic
development authority to be published in a newspaper of general circulation in the City once each week
for two consecutive weeks, and pursuant to such notice, a public hearing on the proposal was held by the
Council on the date hereof, at which hearing all persons desiring to present their oral or written comments
on the proposal were given an opportunity to do so, the City adopted Resolution No. 05-21-13-01, dated
May 21, 2013, enabling the establishment of the economic development authority of the City of Scandia,
Minnesota, pursuant to Minnesota Statutes, Section 469.090 through 469.1082, as amended.
1.04. On the current proposal to amend and restate enabling Resolution No. 05-21-13-01,
amending section 2.02 of the enabling resolution, to designate that the economic development authority
for the City be governed by a five -member Board of Commissioners, all of whom would be members of
the City Council of the City of Scandia, the City has caused notice of a public hearing to be published in a
newspaper of general circulation in the City once each week for two consecutive weeks, and pursuant to
such notice, a public hearing on the proposal has been held by the Council on the date hereof, at which
hearing all persons desiring to present their oral or written comments on the proposal were given an
opportunity to do so.
Section 2. Establishment of Economic Development Authorit .
2.01. Pursuant to the Act, the Council establishes an economic development authority for the
City to be known as the Economic Development Authority of the City of Scandia, Minnesota (the
"EDA").
2.02. The EDA shall be governed by a board of commissioners consisting of five members, all
of whom shall be members of the Council. The terms of the Council Members serving as EDA
commissioners shall coincide with their respective terms of office as members of the Council. Each
commissioner of the EDA shall cease to be a commissioner effective immediately when such person 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.
Section 3. Powers.
3.01. The EDA shall have all powers given to an economic development authority pursuant to
the Act, as the same may be amended or supplemented from time to time, including the powers of a
housing and redevelopment authority contained in Minnesota Statutes, Sections 469.001 through 469.047,
as amended, and the powers of a city under Minnesota Statutes, Sections 469.124 through 469.134, as
amended.
3.02. The sale of all general obligation or revenue bonds of the EDA must be approved by the
Council before such bonds or obligations are issued.
3.03. The EDA shall follow the budget process for City departments as provided by the City
and as implemented by the Council.
3.04. All actions of the EDA must be consistent with the adopted comprehensive plan of the
City and any official controls implementing the comprehensive plan.
3.05. The general budget of the EDA must be transmitted and approved by the Council at the
same time as the City's general budget.
3.06. Notwithstanding Section 469.101, Subdivision 4 of the Act, the EDA may not take or
attempt to take any property within the City by eminent domain without the prior approval of the Council.
3.07 As a means of more clearly setting forth its powers and rules of procedure, at its initial
organizational meeting the EDA shall adopt a set of By -Laws, which shall, among other things, establish
the general policy duties and provide for the appointment of the President, Vice -President, Treasurer,
Assistant Treasurer, and Secretary. The initial By -Laws and subsequent amendments thereto must also be
approved by a majority vote of the Council.
Adopted by the Scandia City Council this 18"' day of April, 2023.
Christine Maefsky, Mayor
ATTEST:
Kyle Morell, City Administrator