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Item 3.5 - County EDA0 0t§1Y.F O MINNESOTA V DEPARTMENT INFORMATION Request for City Council Action ORIGINATING DEPARTMENT REQUESTOR: MEETING DATE: Administration City Administrator/Finance Director Flaherty April 26, 2021 PRESENTER(s) REVIEWED BY: ITEM #: Consent 3.5 STRATEGIC VISION MEETS: I THE CITY OF OTSEGO: X Is a strong organization that is committed to leading the community through innovative communication. IS A PUBLIC HEARING REQUIRED? Has proactively expanded infrastructure to responsibly provide core services. No Is committed to delivery of quality emergency service responsive to community needs and expectations in a cost-effective manner. In November 2020, the Wright County Board established the Wright County Economic Development Is a social community with diverse housing, service options, and employment opportunities. townships that have adopted resolutions electing to participate in the EDA. Is a distinctive, connected community known for its beauty and natural surroundings. AGENDA ITEM DETAILS RECOMMENDATION: City staff is recommending the City Council approve a resolution opting to participate in the Wright County Economic Development Authority. ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED? No No BACKGROUND/JUSTIFICATION: In November 2020, the Wright County Board established the Wright County Economic Development Authority (the EDA). In accordance with Minnesota Statutes, the EDA may only operate in cities and townships that have adopted resolutions electing to participate in the EDA. In April 2021, the City received a letter from the EDA requesting the City elect to participate, which has been attached for your reference. As noted in the request letter, the Wright County Board has no intent for the EDA to levy its own dedicated property tax, and notes that EDA activities will be funded with Wright County resources. In accordance with Minnesota Statutes, the City may elect to withdraw participation from the EDA every fifth year following adoption of the original resolution, along with certain notice requirements to the EDA. Additionally, if the Wright County Board eventually decides to implement a property tax, the City would be notified and have the ability to withdraw participation before said levy would go into effect. If the City were to not elect participation, the EDA would not be authorized to assist any development project within the City, even if requested to do so by the City. The City's Economic Development Authority is not affected whatsoever by electing to participate. SUPPORTING DOCUMENTS ATTACHED: • Letter from the Wright County Economic Development Authority • Minnesota Statute 469.1082 • Resolution 2021-33 POSSIBLE MOTION PLEASE WORD MOTION AS YOU WOULD LIKE ITTO APPEAR IN THE MINUTES: Motion to approve Resolution 2021-33 opting to participate in the Wright County Economic Development Authority. BUDGET INFORMATION FUNDING: BUDGETED: N/A N/A April 12, 2021 By Adam Flaherty City Administrator/Finance Director City of Otsego WRIGHT COUNTY 13400 90th St NE Economic Otsego, MN 55330 Development Authority Board Members Dear Adam Flaherty, Darek vetsch, President In November 2020, the Wright County Board established the Wright County Christine Husom, vice -President Economic Development Authority (EDA). Under state law, county EDAs may Mark Dalelden, Board Member operate only in cities and townships that have adopted resolutions electing to Mary wetter, Board Member participate in the EDA. The attached factsheet provides information on what the Michael Kaczmarek, Board Member Teri Lachermeler, Board Member Wright County EDA is, what it expects to do and not do, and what local participation Phil Kern, Board Member means. Information is also available online: www.co.wright.mn.us/1012/Economic- Lee Kelly, Executive Director Development -Authority The EDA is requesting that each city and township in Wright County elect to 10 2nd St. NW, Room 235 Buffalo, MN 55313 participate but understands that some entities may not see a need for development activities and resources in their communities. Ph: (763) 682-7378 Fax: (763) 682-6178 The EDA has prepared the attached sample resolution that your governing body can edit and consider for adoption. www.co.wright.mn.us If your entity elects to opt into the EDA's area of operation, please send the fully executed resolution to the contact below. If your entity decides to opt out of the EDA's area of operation, please notify the contact below: Elizabeth Karels Wright County Project Administrator Direct: (763) 684-8604 Elizabeth.Karels@co.wright.mn.us EDA board members and staff are available to attend city council and township board meetings upon request for additional discussion. Please reach out to Elizabeth Karels to schedule. The EDA would appreciate receiving notice of all city and township participation decisions no later than June 30, 2021. Sincerely, The Wright County Economic Development Authority An Equal Opportunity Employer .NRIGHT COUNTY ECONOMIC DEVELOPMENT AUTHORITY What is the Wright County Economic Development Authority? The Wright County Economic Development Authority (EDA) is a local authority, a subdivision of Wright County with the primary objective of shepherding economic growth within Wright County. The EDA operates under the authority of Minnesota Statutes, Sections 469.090 through 469.1082. How was the EDA established? The formation of the EDA was recommended by an Advisory Committee which included city and township representatives. The committee met in August and October 2020 and provided a report in November 2020. In November 2020, The Wright County Board passed a resolution establishing the Wright County EDA. What will the EDA do? Facilitate and guide redevelopment of county owned properties. County EDAs have much more legal authority to pursue the repurposing of public assets than do counties themselves. The EDA will facilitate and guide the redevelopment of the current Government Center and Health & Human Services Building located in Buffalo. These two properties are anticipated to be vacated by Wright County staff at the end of 2021. Partner with local communities. The EDA will partner with local cities and townships as well as the Wright County Economic Development Partnership (WCEDP) and support their efforts to achieve specific projects and advance broader initiatives. Access state and federal resources. The EDA will seek to access state and federal resources that are available mainly to larger public development agencies. EDA Board Members & Staff Darek Vetsch, President Christine Husom, Vice -President Mark Daleiden, Board Member Ph: (763) 682-7687 Darek.Vetsch@co.wright.mn.us Ph: (763) 682-7697 Christine.Husom@co.wright.mn.us Ph: (763) 682-7686 Mark.Dalelden@co.wright.mn.us Mary Wetter, Board Member Michael Kaczmarek, Board Member Teri lachermeier, Board Member Ph: (763) 682-7696 Ph: (763) 682-7685 Ph: (763) 464-4732 Mary.Wetter@co.wright.mn.us Mike. Kaczmarek@co.wright.mn.us teri.lachermeier@ci.buff alo.mn.us Phil Kern, Board Member lee Kelly, Executive Director Elizabeth Karels, Project Administrator Ph: (763) 972-0565 pkern@delano.mn.us Ph: (763) 682-7377 Lee.Kelly@co.wright.mn.us Ph: (763) 684-8604 Elizabeth.karels@co.wright.mn.us What will the EDAM NOT do? The EDA does not intend to enact its own levy. In establishing the EDA, the Wright County Board was clear that it has no intent for the EDA to levy its own dedicated property fax. EDA activities will be funded with Wright County resources. The EDA will be limited to economic development. Although some county EDAs also exercise powers available to housing and redevelopment authorities (HRAs), the Wright County EDA's powers are limited to economic development. The EDA does not intend to lead any development projects except for the development of county owned properties. With its focus on partnering with local communities and the WCEDP to achieve their objectives, the EDA does not expect to lead any projects other than the redevelopment of the Government Center and Health and Human Services Building. The EDA's role will be to augment the resources that other entities are bringing to advance projects throughout Wright County. What does local participation mean? Under state law, county EDAs may operate only in cities and townships that have adopted resolutions electing to participate in the EDA. Opting into the EDA If a city or township chooses to opt into the EDA's area of operation, the entity will be included in the EDA's area of operation. Opting in does not impose any obligation, financial or otherwise on the participating city or township. Opting in allows the participating city or township to take advantage of tools offered by the EDA, which may include tax increment financing (TIF), tax abatement, business loan programs and grant programs. Every five years, cities and townships having opted into the EDA may elect to withdraw, per Minnesota Statute, Section 469.1082 Subdivision 5. Opting out of the EDA If a city or township chooses to opt out of the EDA's area of operation, the EDA is not allowed to assist any development project in that community, even if requested by the city or township. Future EDA levies If the EDA ever decides to levy an EDA tax, all participating entities will have the option to withdraw from the EDA and not be subject to the EDA levy. Updated March 12, 2021 MINNESOTA STATUTES 2020 469.1082 469.1082 COUNTY ECONOMIC DEVELOPMENT AUTHORITY OR HOUSING AND REDEVELOPMENT AUTHORITY WITH ECONOMIC DEVELOPMENT POWERS. Subdivision 1. Authority to create. A county may form a county economic development authority or grant a housing and redevelopment authority the powers specified in subdivision 4, clause (2), if it receives a recommendation to do so from a committee formed under subdivision 2. An economic development authority established under this section has all the powers and rights of an authority under sections 469.090 to 469.1081, except the authority granted under section 469.094 if so limited under subdivision 4. This section is in addition to any other authority to create a county economic development authority or service provider. Nothing in this section shall alter or impair any grant of powers, or any other authority granted to a community development agency, a county housing and redevelopment authority, or any county as provided in section 383D.41; Laws 1974, chapter 473, as amended; or Laws 1980, chapter 482, as amended. Any county that has granted economic development powers to a community development agency or a county housing and redevelopment authority under any of these provisions may not form a county economic development authority or grant a housing and redevelopment authority the powers specified in subdivision 4, clause (2). Subd. 2. Local committees. Upon notice to all local government units and development agencies within the county, a county may adopt a resolution to create a committee to recommend options for a county economic development service provider. The committee shall consist of no fewer than 11 and no more than 15 members appointed by the county board. At least one city official, at least one housing and redevelopment official, and at least one township official from the county to be served by the county economic service provider shall be included on the committee. Members may also represent school districts, political subdivisions that currently provide services under sections 469.001 to 469.047 and 469.090 to 469.108 1, nonprofit or for-profit housing and economic development organizations, business, and labor organizations located within the county. Political subdivision representatives must be selected by their local governments and must constitute at least 50 percent of the total committee membership. The county may appoint no more than two county commissioners. The committee shall select a chair at its initial meeting. Subd. 3. Committee report. The committee shall issue its report within 90 days of its initial meeting. The committee may request one 60 -day extension from the county board. The report must contain the committee's recommendation for the preferred organizational option for a county economic development service provider, including the distance from the boundary of the city that may be controlled by each affected city in subdivision 5. The distance may not exceed two miles from the city boundary. The report must contain written findings on issues considered by the committee including, but not limited to, the following: (1) identification of the current level of economic development, housing, and community development programs and services provided by existing agencies, any existing gaps in programs and services, and the capacity and ability of those agencies to expand their activities; and (2) the recommended organizational option for providing needed economic development, housing, and community development services in the most efficient, effective manner. Subd. 4. Organizational options. The committee may only recommend: (1) establishment of a county economic development authority to operate under sections 469.090 to 469.108 1, except that the county shall not have the powers of section 469.094 without the consent of an Official Publication of the State of Minnesota Revisor of Statutes 469.1082 MINNESOTA STATUTES 2020 2 existing county housing and redevelopment authority operating within that county. For the purposes of a county economic development authority's operation, the county is considered to be the city and the county board is considered to be the city council; (2) requiring an existing county housing and redevelopment authority or multicounty housing and redevelopment authority to operate under sections 469.090 to 469.1081; (3) that the county pursue special legislation; or (4) no change in the existing structure. Subd. 5. Area of operation. The area of operation of a county economic development service provider created under this section shall include all cities and townships within a county that have adopted resolutions electing to participate. A city or township may adopt a resolution electing to withdraw participation. The withdrawal election may be made every fifth year following adoption of the resolution electing participation. The withdrawal election is effective on the anniversary date of the original resolution provided notice is given to the county economic development authority not less than 90 nor more than 180 days prior to that anniversary date. The city or township electing to withdraw retains any rights, obligations, and liabilities it obtained or incurred during its participation. Any city or township within the county shall have the option to adopt a resolution to prohibit the county economic development service provider created under this section from operating within its boundaries and (1) within an agreed-upon urban service area, or (2) within the distance approved in the committee report referenced in subdivision 3. If a city or township prohibits a county economic development service provider created under this section from operating within its boundaries, the city's or township's property taxpayers shall not be subject to the property tax levied for the county economic development service provider. Subd. 6. City economic development authorities. If a county economic development service provider has been established under this section, existing city economic development authorities shall continue to function and operate under sections 469.090 to 469.1081. Additional city economic development authorities may be created within the area of operation of the county economic development service provider created under this section without the explicit concurrence of the county economic development service provider. Subd. 7. Continuation of existing county and multicounty housing and redevelopment authorities. Existing county and multicounty housing and redevelopment authorities shall continue to function and operate under the provisions of sections 469.001 to 469.047. Subd. 8. Nine -member boards authorized. In addition to the board options under section 469.095, a county economic development authority may have a nine -member board. If the authority has a nine -member board, at least two members must be county commissioners appointed by the county board. Of the county economic development authority board members initially appointed, two each shall be appointed for terms of one, two, or three years, respectively, and one each for terms of four, five, or six years, respectively. Thereafter, all authority members shall be appointed for six-year terms. History: 2000 c 484 art I s 4; ISp2005 c 1 art 4 s 106; ISp2005 c 3 art 7 s 10; 2010 c 347 art I s 25 Official Publication of the State of Minnesota Revisor of Statutes CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO: 2021-33 OPTING TO PARTICIPATE IN THE WRIGHT COUNTY ECONOMIC DEVELOPMENT AUTHORITY WHEREAS, the City of Otsego (the City) is located within Wright County, Minnesota (the County); and WHEREAS, pursuant to a resolution adopted by the Board of Commissioners of the County on November 24, 2020, the County established the Wright County Economic Development Authority (the EDA) in accordance with Minnesota Statutes, Sections 469.090 through 469.1082, as amended (the EDA Act); and WHEREAS, Section 469.1082, subdivision 5 of the EDA Act provides that the area of operation of the EDA shall include all cities and townships within the County that have adopted resolutions electing to participate in the EDA; and WHEREAS, the City Council of the City has determined that it is in the best interests of the City to elect to participate in the EDA; and WHEREAS, the City may make an election to withdraw from participation in the EDA every fifth year following the adoption of the resolution electing to participate, all in accordance with the terms of Section 469.1082, subdivision 5 of the EDA Act; and WHEREAS, notwithstanding Section 469.1082, subdivision 5, if the EDA enacts an EDA levy, the EDA will notify the City of the enactment of such levy and the City shall have the opportunity to withdraw its participation in the EDA prior to the levy going into effect. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OTSEGO, MINNESOTA: The City hereby elects to participate in the EDA. The election to participate in the EDA shall take effect on the date of adoption of this approval and may only be withdrawn in accordance with Section 469.1082, subdivision 5 of the EDA Act. ADOPTED by the Otsego City Council this 26th day of April, 2021. MOTION BY: SECONDED BY: IN FAVOR: OPPOSED: 2 CITY OF OTSEGO Jessica L. Stockamp, Mayor ATTEST: Audra Etzel, City Clerk