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ECONOMIC DEVELOPMENT AUTHORITY AGENDA REPORT
MEETING DATE: January 22, 2013
AGENDA #: 7A
PREPARED BY: Casey McCabe, Community Development Specialist
AGENDA ITEM: PROPOSED AMENDMENT TO EDA BYLAWS
DISCUSSION: Introduction
The purpose of this agenda item is to consider amendments to the Economic De-
velopment Authority Bylaws to expand the EDA from five to seven members as
well as additional amendments for correction and clarification purposes.
Hi StOry
A special City Council meeting was held on December 3, 2012 to interview finalists
for a position on the Economic Development Authority. Given the caliber of the
applicants and the number of people interested, and recognizing that additional
members could represent added resources for accomplishing economic develop-
ment objectives, City Council members discussed increasing the siae of the EDA
from five to seven members.
On December 10, 2012, in addition to confirming David Chromy to the EDA, the
City Council directed staff and the City Attorney to modify the EDA Bylaws as nec-
essary to expand the EDA from five to seven members. The City Attorney has
modified the EDA Bylaws (attached) to expand the EDA to seven members as well
as recommend additional modifications for correction and clarification purposes.
Minnesota Statutes 469.095 Subdivision 3 provides for an increase in commission
members. The subdivision states, "An authority may be increased from three to
five or seven members, or from five to seven members by a resolution adopted by
the city council following the procedure provided for modifying the enabling resolu-
tion in section 469.093."
The statutory requirements set out in Minnesota Statutes 469.093, Procedural Re-
quirement, state:
Subdivision 1. Enabling Resolution.
The creation of an authority by a city must be by written resolution referred to
as the enabling resolution. Before adopting the enabling resolution, the city coun-
cil shall conduct a public hearing. Notice of the time and place of hearing, a
statement of the purpose of the hearing, and a summary of the resolution must be
published in a newspaper of general circulation within the city once a week for two
consecutive weeks. The first publication must appear not more than 30 days from
the date of the public hearing.
- Subd. 2. Modifications.
All modifications to the enabling resolution must be by written resolution and
must be adopted after notice is given and a public hearing conducted as required
for the original adoption of the enabling resolution.
Current Circumstances
Minnesota Statutes 469.095 Subdivision 2(c) states, "Seven-member authority:
the commissioners constituting a seven member authority, two of whom must be
members of the city council, shall be appointed by the mayor with the approval of
the city council. Those initially appointed shall be appointed for terms of one, two,
three, four and five years respectively and finro members for six years. Thereafter
all commissioners shall be appointed for six year terms."
As stated above, the terms of all non-council EDA commissioners are six years,
not four years as set forth in our present bylaws. The City Attomey's o�ce rec-
ommends the existing non-council commissioners continue to serve their current
four-year term and any future appointments will be filled as a six year term.
The City Attorney's proposed language in Section 3.1 of the amended EDA Bylaws
states, "... The public members initially shall be appointed for staggered terms of
one, finro, three, four and five years respectively and two members for six years;
and thereafter all Commissioners appointed from the public shall be appointed for
six (6) year terms beginning on January 1 and ending December 31. The terms
shall be staggered with no two terms expiring in the same year. If at any time the
terms are no longer staggered, all current terms shall expire naturally, but upon the
natural expiration, the newly appointed members shall be appointed for terms that
result in staggered terms as determined by the City Council. The City Council
members appointed to the Authority shall serve terms that coincide with their term
of office as a Council Member. City Council members appointed to the Authority
are not required to serve staggered terms. Members of the EDA are not term lim-
ited."
Current EDA member terms are as follows:
Member Date Appointed End of Term
Ken Hedberg (City Council) 01/07/2013 12/31/2016
Vacant (City Council) Pending Pending
Michelle Choudek 01/03/2011 12/31/2013
Bob Morris 01/03/2011 12/31/2014
David Chromy 12/10/2012 12/31/2016
Vacant (Non-Council) Pending 12/31/2017
Vacant (Non-Council) Pending 12/31/2018
Conclusion
Recommendations from the EDA to alter, amend, add or repeal any portion of the
EDA Bylaws may be accomplished by a majority vote of the commissioners enti-
tled to vote at any meeting, as long as the notice of the meeting or agenda for the
meeting contains notice and statement of the proposed alteration, amendment or
repeal. Notice of any alteration, amendment or repeal of the Bylaws shall be given
in writing to each commissioner at least ten (10) days prior to the meeting at which
said proposed alteration, amendment or repeal will be considered.
Once the EDA passes a recommendation to alter, amend, add or repeal any por-
tion of these Bylaws, the EDA shall forward the recommendation to the City Coun-
cil for its approvaL
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Should the EDA and City Council recommend approval of the bylaw amendments
expanding the EDA to seven members; staff anticipates the following timeline for
filling the vacancies.
1I22I2013 EDA review and recommended approval of EDA Bylaw amendments and forwards its recom-
mendation to the City Council.
1/22I2013 EDA directs City Attorney and staff to prepare a resolution amending EDA Enabling Resolu-
tion and schedule a public hearing.
1/2912013 Notice of public hearing sent to Prior Lake American
21212013 Notice of public hearing published in Prior Lake American (1st notice)
ZI9/2013 Notice of public hearing published in Prior Lake American (2nd notice)
2I2512013 Public Hearing - City Council review and approval of EDA Bylaw amendments and EDA Ena-
bling Resolution.
2125/2013 Chair of the EDA declares EDA vacancies and advises the Mayor.
212612013 City advertises the vacancy information conceming how interested individuals may obtain
applications and the deadline for applications.
3/212013 Notice advertising vacancies appear in Prior Lake American.
3/25/2013 Deadline for applications.
The City Manager, Mayor and one non-Council member of the EDA ("Screening Committee°)
3/28/2013 shall review all applications and select candidates for interviews and further consideration.
The Screening Committee shall narrow the non-Council candidates to three (3) or more final-
ists and City Council interviews shall be scheduled.
4l8/2013 The finalists shall be interviewed by the entire Council and allowed to make a five minute
presentation regarding their qualifications and reasons for seeking the appointment.
4/22I2013 The Mayor shall appoint two finalists and the Council shall vote on approval.
ISSUES: Provided the EDA supports a seven member Economic Development Authority, it
would be appropriate to request that the City Attorney prepare a resolution amend-
ing the EDA Enabling Resolution to accomplish this action.
FINANCIAL If the size of the EDA is expanded to seven members, the per diem cost will in-
IMPACT: crease by a modest amount.
ALTERNATIVES: 1. Motion and second to approve the EDA Bylaw amendments as proposed or
with further amendments.
2. Upon approval, forward recommended EDA Bylaw amendments to City Council
for final approvaL
3. Upon approval, direct the City Attorney to prepare a resolution amending the
EDA Enabling Resolution to expand the EDA from five to seven members for
City Council review and approval during a public hearing.
4. Take no action and provide direction to staff.
RECOMMENDED Alternatives 1, 2 and 3.
MOTION:
ATTACHMENT: 1. City of Prior Lake Economic Development Authority Bylaws with proposed
amendments
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