Discussion:
Through the Redevelopment process, it was found that property was still in the name of the former Shakopee Housing and Redevelopment Authority (HRA) and that the property was not transferred to the EDA as part of the EDA's creations.
Pursuant to Section 469.092, subdivision 2 of the EDA Act, the City Council may modify the Enabling Resolution at any time and pursuant to Section 469.095, subdivision 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, which is the case for Shakopee.
The City Council is holding a duly noticed public hearing to modify the Enabling Resolution in accordance with Section 469.095 of the EDA Act, at which all interested persons are given an opportunity to be heard.
The changes that will be to the original enabling Resolution that created the EDA would be:
1.) The legal name of the EDA is hereby amended to be the “Economic Development Authority for the City of Shakopee, Minnesota.” Such amendment conforms with the Bylaws of the EDA.
2.) The text of paragraph 3 under the heading of “Enabling Resolution” of the Enabling Resolution is hereby repealed and shall be replaced with the following:
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.
3.) The following provision shall be added as paragraph 4 under the heading “Transfer of Authority of the Shakopee Housing and Redevelopment Authority, effective April 14, 1995” of the Enabling Resolution and shall be effective upon adoption of this resolution:
All real property owned by the Shakopee Housing and Redevelopment Authority shall be conveyed to the EDA. For the sole purpose of conveying any and all property owned by the Shakopee Housing and Redevelopment Authority to the Economic Development Authority for the City of Shakopee, the President and the Executive Director of the EDA shall have the authority to execute any and all conveyance documents on behalf of the Shakopee Housing and Redevelopment Authority, in the capacity of Chair and Executive Director, respectively.
These changes will allow the transfer of current HRA property to the EDA and the appropriate deeds are attached.