DISCLAIMER

 

08-0082R


RESOLUTION AMENDING RESOLUTION 89-0323 ESTABLISHING THE DULUTH ECONOMIC DEVELOPMENT AUTHORITY (DEDA) TO CHANGE THE COMPOSITION OF THE MEMBERSHIP OF THE AUTHORITY AND TO PROVIDE FOR THE APPOINTMENT AND REMOVAL OF DEDA’S EXECUTIVE DIRECTOR BY THE COMMISSIONERS SUBJECT TO CITY COUNCIL APPROVAL AND FURTHER SUBJECT TO VETO BY THE MAYOR.

BY COUNCILOR STAUBER:

     RECITALS:

     The council finds as follows:

     (a)  The Duluth City Council Adopted Resolution 89-0323, on April 24, 1989, establishing the Duluth economic development authority (DEDA);

     (b)  The Duluth City Council Adopted Resolution 98-0949, on December 21, 1998, amending the above-referenced resolution to require that four of the commissioners on DEDA be city councilors and to further require that a majority of the commissioners present at a meeting must be city councilors for action to be taken;

     (c)  The Duluth City Council Adopted Resolution 99-0239, on March 22, 1999, further amending the above-referenced resolution to require that any expenditure by DEDA in excess of $25,000 be approved by the city council;

     (d)  The Duluth City Council Adopted Resolution 02-0606, on October 28, 2002, further amending the above-referenced resolution to require that if an action is taken by DEDA at a meeting in which council members do not constitute a majority of commissioners present and voting, then that action is not final and cannot be implemented unless and until it is approved by resolution of the Duluth City Council;

     (e)  The Duluth City Council Adopted Resolution 04-0202 on March 22, 2004, further amending the above-referenced resolution to change the composition of the members of the authority to consist of nine members all of whom shall be members of the council with the term of the commissioners’ appointments coinciding with their term of office as members of the city council, deleting the provision that an action taken by DEDA at a meeting in which council members do not constitute a majority of commissioners present and voting is not final and cannot be implemented unless and until it is approved by resolution of the council, and further deleting the requirement that DEDA shall not enter into an agreement or contract involving an expenditure by DEDA of more than $25,000 without the prior approval of the council;

     (f)  The Duluth City Council Adopted Resolution 04-0215 on March 22, 2004, further amending the above-referenced resolution to provide that the executive director of the DEDA shall be appointed by the mayor, subject to approval by the city council and to provide that the executive director act at the direction of the commissioners;

     (g)  Resolution 89-0323, Resolution 98-0949, Resolution 99-0239, Resolution 02-0606, Resolution 04-0202 and Resolution 04-0215 are hereinafter referred to as the DEDA establishment resolution;

     (h)  The Duluth City Council desires to further amend the DEDA establishment resolution.

     NOW, THEREFORE, BE IT RESOLVED, that paragraph 4 of the DEDA establishment resolution is hereby amended to read as follows:

           4.   That the DEDA shall be governed by a board of commissioners (“commissioners”) consisting of seven (7) members, two of whom shall be members of the city council. The two council members shall be appointed by the mayor and approved by a majority vote of the council. A council commissioner’s term shall be the same as her or his term of office as a city councilor. When making appointments to council committees pursuant to Rule 14 of the standing rule of the Duluth city council, the presiding officer shall appoint, for the remainder of their respective term in office, one of the council commissioners to chair the finance committee and the other council commissioner to chair the planning and economic development committee. The five non-council members shall be appointed by the mayor with the approval by vote of six members of the council following an interview conducted by the council. A non-council commissioner shall be a Duluth resident and have experience in the area of business, economics, finance, industry, or other similar experience, or education in areas such as accounting, economics, law, or management. The term of the appointments of the non-council commissioners shall be governed by Minnesota statutes section 469.095, subdivision 2(c). No non-council commissioner shall serve as a commissioner while such person holds an elective office other than Duluth city councilor or is a member of any of the following entities: Duluth entertainment and convention bureau, Duluth transit authority, spirit mountain recreation area authority, Duluth airport authority, seaway port authority, western Lake Superior sanitary district board, Duluth housing and redevelopment authority of Minnesota, city planning commission, city board of zoning appeals, Duluth housing commission, 1200 fund, inc. board of directors, advisory boards of development districts and the city-wide citizens advisory committee.

     BE IT FURTHER RESOLVED, Paragraph 6 of the DEDA establishment resolution is hereby amended as follows:

           6.   The executive director of the DEDA shall be appointed and subject to removal by the commissioners, said appointment and removal subject to approval by resolution of the city council and further subject to veto by the mayor as provided in the city charter. The executive director shall be directly responsible to the commissioners and shall act at the direction of the commissioners. In addition to performing the duties of executive director, the executive director may be employed in a city function.

     FURTHER RESOLVED, that no commissioner may take office until all commissioners are qualified, appointed and approved to take office.


STATEMENT OF PURPOSE:  This resolution amends the resolution establishing DEDA. Since 2005, DEDA has been comprised of the nine city councilors. This resolution provides for seven DEDA commissioners, two of whom are city councilors. The term of the city councilors will coincide with their term as councilors. The term of the non-council commissioners will eventually be six years pursuant to state statute.


While the mayor appoints the commissioners, the council must approve them. The two council members are appointed by the Mayor and approved by a majority vote of the council. The resolution also requires that when making appointments to council committees pursuant to Rule 14 of the standing rule of the Duluth city council, the presiding officer shall appoint, for the remainder of their respective term in office, one of the council commissioners to chair the finance committee and the other council commissioner to chair the planning and economic development committee. This resolution provides for approval of non-council commissioners by a vote of six members of the council following an interview by the council. The non-council commissioners must be Duluth residents and have experience in the area of business, economics, finance, industry, or other similar experience, or education in areas such as accounting, economics, law, or management. Finally, the resolution precludes non-council commissioners holding certain elected offices or certain other positions from being a DEDA Commissioner. No commissioner may take office until all commissioners are qualified, appointed, and approved to take office. Until that time, the nine city councilors will continue to be DEDA commissioners.



The resolution also provides for DEDA’s executive director to be appointed and removed by the commissioners, said appointment and removal subject to approval of the city council and further subject to veto by the mayor. In the past, the executive director of DEDA was appointed by the mayor, subject to the approval by the city council. The executive director works at the direction of the commissioners and may also be a city employee.