7.3. EDSR 01-16-2024
Request for Action
To Item Number
Economic Development Authority 7.3
Agenda Section Meeting Date Prepared by
General Business January 16, 2024 Joshua Mollan, Economic Development Specialist
Item Description Reviewed by
Review of Enabling Resolution Brent O’Neil, Economic Development Director
Reviewed by
Cal Portner, City Administrator
Action Requested
Item presented for information and discussion purposes.
Background/Discussion
The annual meeting is an opportunity for the EDA to make recommendations to the City Council regarding
suggested changes to the enabling resolution of the EDA. The enabling resolution, first adopted by the Council in
1987 to create the EDA, has been amended multiple times. It was recommended by the EDA in 2023 to
consolidate subsequent amendments to the resolution.
Staff is not bringing forth any suggested changes at this time. It is attached for your review.
Financial Impact
N/A
Mission/Policy/Goal
Statute and bylaws require periodic review of the enabling resolution.
Attachments
Consolidated Resolution 87-63
The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional
service, and community engagement that encourages and inspires prosperity.
Updated: January 2023
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RESOLUTION __-__
A RESOLUTION AMENDING AND RESTATING RESOLUTIONS ESTABLISHING THE
ECONOMIC DEVELOPMENT AUTHORITY FOR THE CITY OF ELK RIVER,
MINNESOTA
WHEREAS, Minnesota Statutes 469.090 et seq. (the Statute) authorizes The City of Elk River (the City)
to establish an Economic Development Authority pursuant to the procedures and subject to
the restrictions set forth therein; and,
WHEREAS, on October 7, 1987, the City Council for the City of Elk River (the City Council) adopted
Resolution No. 87-63 creating the City of Elk River Economic Development Authority (the
Authority); and,
WHEREAS, on February 12, 1990, the City Council adopted Resolution No. 90-5 to expand the
Authority from five (5) to seven (7) Commissioners by including, along with the City
Council, two (2) residents to serve the Authority at-large, and to adjust the compensation of
the Commissioners from One Dollar ($1.00) for each regular or special meeting of the
Authority attended to One Hundred Dollars ($100.00) for each full month of service; and,
WHEREAS, on November 21, 1994, the City Council adopted Resolution No. 94-122 to change the
composition of the Authority from five (5) City Councilmembers and two (2) residents to:
the Mayor of the City of Elk River; three (3) additional City Councilmembers of the City of
Elk River; and three (3) residents of the City of Elk River who are not members of the city
Council; and,
WHERAS, on September 15, 1997, the City Council adopted Resolution No. 97-95 to adjust the
compensation of the Commissioners from One Hundred Dollars ($100.00) for each full
month of service to One Hundred Fifty Dollars ($150.00); and,
WHEREAS, on January 3, 2011, the City Council adopted Resolution No. 11-04 to change the
composition of the Authority from: the Mayor of the City of Elk River; three (3) additional
City Councilmembers of the City of Elk River; and three (3) residents of the City of Elk
River who are not members of the city Council to: four (4) City Councilmembers and three
(3) residents of the City of Elk River who are not members of the city Council; and,
WHEREAS, the City Council desires to amend and restate the prior enabling resolutions so that all
changes are located within one document and it is easier to track the requirements of the
enabling resolution; and,
WHEREAS, on this date, the City Council has conducted a public hearing with respect to the adoption of
this resolution pursuant to Minnesota Statutes, Section 469.093. This resolution amends and restates
Resolution Nos. 87-63, 90-5, 94-122, 97-95 and 11-04 in their entirety and supercedes such resolutions in all
respects.NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River,
Minnesota, as follows:
1.Establishment of Economic Development Authority
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There is hereby established in the City of Elk River an Economic Development Authority
(hereinafter referred to as the "Authority"), effective upon passage by the City Council of this
resolution.
2.Commissioners
a.The Commissioners of the Authority shall include; four (4) members of the City Council and
three (3) residents of the City of Elk River who are not members of the City Council. The mayor
shall make all appointments to the Authority, with the approval of the City Council.
b.The terms of the Commissioners who are members of the City Council shall coincide with their
term of office, unless a Commissioner resigns earlier. Commissioners who are not City Council
members shall serve six (6) year terms.
c.The Commissioners shall be compensated at the rate of One Hundred Fifty Dollars ($150.00)
for each full month of service. In addition, Commissioners shall be reimbursed for actual
expenses incurred in doing official business of the Authority.
3.Officers
a.The Authority shall annually elect a president, a vice president, a treasurer, a secretary, and an
assistant treasurer. A Commissioner must not serve as president and vice president at the same
time. The offices of secretary and assistant treasurer need not be held by a Commissioner.
b.The officers shall have the usual duties and powers of their offices, including those set forth in
the Statute.
4.Bylaws and Rules
a.The Authority shall adopt bylaws and rules to govern its procedures and for the transaction of
its business. The records of the Authority shall be a public records, as provided by law.
b.The Authority shall adopt an official seal.
5.Employees
a.The Authority may employ an executive director and such other employees as it may require,
and determine their duties, qualifications, and compensation.
b.The Authority may contract for the services of consultants as needed to perform its duties and
exercise its powers.
c.The Authority shall use the services of the City attorney as its chief legal advisor.
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d.The Authority may delegate to its agents or employees such powers or duties as it may deem
proper.
6.Conflict of Interest
Except as otherwise provided by law, a Commissioner, officer, or employee of the Authority must
not acquire any financial interest, direct or indirect, in any project or in any property included or
planned to be included in any project, nor shall the person have any financial interest, direct or
indirect, in any contract or proposed contract for materials or services to be furnished or used in
connection with any project.
7.Powers
The Authority shall have all powers conferred upon Economic Development Authorities by the
Statute, as amended from time to time, including:
a.The powers of a housing and redevelopment authority under Minn. Stat. § 469.001 et seq.;
b.The powers of a City under Minn. Stat. § 469.124 et seq.;
c.The powers and duties of a redevelopment agency under Minn. Stat. § 469.152 et seq.;
d.The power to create and define the boundaries of economic development districts, as provided
by law;
e.The power to acquire by lease, purchase, gift, devise, or condemnation proceedings property
required to create economic development districts; and to dispose of property acquired, as
provided by the Statute;
f.The power to sign options to purchase, sell, or lease property;
g.The right of eminent domain, as provided by the Statute;
h.The power to make contracts for the purpose of economic development, as provided by the
Statute;
i.The authority to be a limited partner in a partnership whose purposes are consistent with the
Authority's purpose;
j.The power to acquire rights or an easement for a term of years, or perpetually, for development
of an economic development district;
k.The power to buy the supplies and materials it needs to carry out the purposes of the Statute;
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l.The right to receive public property, as provided by the Statute;
m.The power to sell or lease land held by it for economic development in economic development
districts;
n.The power to operate and maintain a public parking facility or other public facility to promote
development in an economic development district;
o.The right to cooperate with or act as agent for the federal or state government or other public
body to carry out the Statute;
p.The power to study and analyze economic development needs in the City and ways to meet the
needs; to study the desirable patterns for land use for economic development and community
growth, and other factors effecting local economic development in the City; to make the result
of the studies available to the public and to industry in general; to engage in research and to
disseminate information on economic development within the City;
q.The power to carry out public relations activities to promote the City and its economic
development, as permitted by the Statute;
r.The right to accept conveyances of land from all other public agencies, commissions, or other
units of government, if the land can be properly used by the authority in an economic
development district to carry out the purposes of the Statute;
s.The power to develop and improve the lands in an economic development district to make it
suitable and available for economic development uses and purposes; to fill, grade, and protect
the property and do anything necessary and expedient, after acquiring the property, to make it
suitable and attractive as a tract for economic development; and to lease some or all of its lands
or property; and may set up local improvement districts in all or part of an economic
development district;
t.The power to borrow money in anticipation of bonds, after bonds have been authorized, as
provided by the Statute;
u.The power to issue general obligation bonds, pursuant to the procedures set forth in and as
provided by the Statute, and when authorized by two-thirds (2/3) majority vote of the City
Council, to:
i.Secure funds needed by the Authority to pay for acquired property; or
ii.For other purposes as provided in the statute.
v.The power to issue revenue bonds pursuant to the procedures set forth in and as authorized by
the Statute;
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w.The power to sell or convey property owned by it within the City or an economic development
district pursuant to the procedure set forth in the Statute, if it determines that the sale or
conveyance is in the best interest of the City or district and its people and that the transaction
furthers the Authority's general plan of economic development;
x.The power to advance its general fund money or its credit or both without interest for the
objects and purposes of the Statute, as allowed by the Statute;
y.The right to request that the City levy a tax for the benefit of the Authority, pursuant to the
procedures and as provided for in the Statute.
8.Existing Projects
a.The Authority shall have no control nor authority over any existing economic development or
redevelopment project in the City, unless specifically so provided by subsequent resolution of
the City Council. If the City Council adopts a resolution transferring control, authority, and
operation of any existing project to the Authority, the Authority shall accept control, authority
and operation of the project;
b.When taking control of an existing project, the Authority may exercise all of the powers that the
governmental unit establishing the project could exercise with respect to the project and shall
covenant and pledge to perform the terms, conditions, and covenants of any bond indentures or
other agreements executed with respect to the project.
9.Banks and Audits
a.Every two years the Authority shall name a national or state bank within the state as a
depository, in the manner provided by the Statute.
b.The financial statements of the Authority shall be prepared, audited, filed, and published in the
manner required by the Statute.
10.Annual Reports
The Authority shall prepare and submit all annual reports required by the Statute, including:
a.An annual report stating whether and how this enabling resolution should be modified;
b.An annual budget;
c.An annual report giving a detailed account of the Authority's activities and its receipts and
expenditures during the preceding year.
11.Modification of Enabling Resolution
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This enabling resolution, or any part thereof, may be modified at any time by the City Council, as
provided by the Statute.
Passed and adopted by the City Council of the City of Elk River this ____ day of ____________, 2024.
______________________ ATTEST: ______________________
John Dietz, Mayor Tina Allard, City Clerk