CCR2009104-CDABylawsAmend
COMMON COUNCIL – CITY OF MUSKEGO
RESOLUTION #104-2009
RESOLUTION TO AMEND BY-LAWS AND RULES OF PROCEDURE
COMMUNITY DEVELOPMENT AUTHORITY OF THE
CITY OF MUSKEGO, WISCONSIN
WHEREAS, The Common Council of the City of Muskego adopted By-Laws and Rules of
Procedure for the Community Development Authority of the City of Muskego, Wisconsin
on March 26, 2002; and
WHEREAS, The Common Council of the City of Muskego amended the By-Laws and
Rules of Procedure for the Community Development Authority of the City of Muskego,
Wisconsin on June 11, 2002, May 13, 2003, and February 8, 2005; and
WHEREAS, Upon the recommendation of the Community Development Authority, it is
proposed to amend the By-Laws and Rules of Procedure as attached.
NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of Muskego
does hereby amend the By-Laws and Rules of Procedure for the Community Development
Authority (CDA) of Muskego, Wisconsin as attached.
TH
DATED THIS 14 DAY OF JULY , 2009.
SPONSORED BY:
Mayor John R. Johnson
This is to certify that this is a true and accurate copy of Resolution #104-2009 which was
adopted by the Common Council of the City of Muskego.
____________________________
Clerk-Treasurer
COMMUNITY DEVELOPMENT AUTHORITY
CITY OF MUSKEGO, WISCONSIN
BY-LAWS AND RULES OF PROCEDURE
As adopted by the Common Council on March 26, 2002
And amended June 11, 2002
And amended May 13, 2003
And amended February 8, 2005
1. GENERAL RULES BY STATUTE, ORDINANCE OR RESOLUTION
The Community Development Authority (the “Authority”) of the City of Muskego shall
be governed and controlled by Statutes of the State of Wisconsin, and as the same
may hereafter be amended; by all ordinances of the City of Muskego as they relate to
the Authority, and as such ordinances may hereafter be amended and adopted; and by
the rules of procedure contained herein. All provisions of Wisconsin Statutes,
ordinances or resolutions of the City of Muskego as may be enacted from time to time,
shall take precedence over the rules of procedure.
2. GENERAL POWERS AND DUTIES
The Authority shall exercise all powers conferred and perform all duties imposed, by
state and local ordinance of the City of Muskego, and shall perform such further and
other duties as may properly be required from time to time by the Common Council.
Specific action taken related to the following powers shall be subject to review and
approval by the Common Council:
a) Acquisition of land by eminent domain
b) Establishment of an annual operating budget
c) Issuance of debt
d) Hiring of staff
e) Expenditure of any funds in excess of $5,000
f) Amendments, deletions, or additions to these By-Laws
g) Performance of duties otherwise performed by the Plan Commission pursuant to
66.1105 Wisconsin Statutes.
h) Loan approvals made in the administration of the Economic Development
Revolving Loan Fund or other City administered and approved loan/grant
programs.
i) Review of land sale documents and Building, Site, and Operation Plans on
CDA owned property.
j) Review of TIF Project Plans when directed by the Common Council on a
Redevelopment District TID.
Among other duties, the Community Development Authority evaluates subject
matter specific proposals and makes appropriate decisions and/or
recommendations regarding how these proposals conform to implementation
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measures and conceptual design criteria outlined for projects located within
Redevelopment District Plans. Ordinance and Design Guide driven items within
these proposals are reserved for the Planning Commission and/or Common
Council, unless said items are expressly addressed in an adopted
Redevelopment District Plan.Specific action taken related to the following
powers shall be subject to review and approval by the Plan Commission and at
times, the Common Council:
a) Rezonings, Land Divisions, Land Divisions, Conditional Use Grants, Concept
Plans, and new/amended Building, Site, and Operation Plans that take place
within approved Redevelopment District boundaries.
3. ELECTED OFFICERS AND THEIR DUTIES
Presiding Officers. The presiding officer of the Authority shall be designated as
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Chairperson and shall be elected annually at the first meeting of the Authority held on
or after May 1 of each year. To act in the absence of the Chairperson, the Authority
shall elect a Vice-Chairman to preside. In the event of absence by the Chair and Vice-
Chair, the longest tenured Alderman serving on the CDA shall preside over meetings.
(amended 6-11-02 Resolution # 129-2002)
The presiding officer shall chair all meetings and shall have the right to vote and make
motions; shall rule on matters of procedure, subject to appeals of such rulings by
proper motion; shall conduct the meetings in accordance with Wisconsin Statute and
the rules contained herein; shall have such powers and duties as may be necessary
for conduct of orderly meetings; and such other powers and duties as herein assigned,
or as may be assigned by the Common Council.
Secretary. The Authority shall annually elect a Secretary from among its members.
Election of the Secretary shall occur at the first meeting of the Authority held on or
after May 1 of each year. The Secretary may utilize the Community Development
Planning Director and/or Planning Division Department staff to perform the task of
taking minutes and performing duties requested by the Authority. Such duties may
include but are not limited to: correspondence and clerical work of the Authority;
keeping accurate notes and minutes of all matters coming before the Authority;
receiving and filing all communications, applications, and requests coming to the
Authority; publish and/or mail all notices, agendas, minutes and advertisements
required by law or as directed by the Authority.
4. APPOINTED OFFICERS AND THEIR DUTIES
Executive Director. The City of Muskego Director of Community Development
Planning shall perform the duties of Executive Director, and shall perform duties as
may be required to carry out the Authority’s tasks.
Treasurer. The City of Muskego Finance Director shall perform the duties of
Treasurer. The Treasurer of the Authority shall handle and keep a record of the
financial dealings of the Authority, and may utilize the City’s Finance Department staff
as required to carry out the Authority’s tasks.
5. AGENDAS The Director of Community Development Planning or his designee shall
prepare the meeting agenda, with direction from the presiding officer.
6. MEETINGS
Regular Meetings. Regular meetings shall generally be held by the Authority at the
Muskego City Hall at a time agreed to by consensus of the members of the Authority.
Regular or Special meetings of the Authority may be conducted outside of City Hall as
may be required from time to time to accommodate special needs, including but not
limited to: (1) need for large capacity venues or (2) needs to review and inspect
facilities in other communities for information gathering purposes.
Special Meetings. Special meetings may be called by the presiding officer whenever
in his judgement such a meeting is necessary, or whenever requested by at least three
members of the Authority. Such request may be made orally. Notice of such special
meetings shall be given by announcement thereof at any regular meeting, or by written
or telephone notice as hereinafter provided, not less than 24 hours before the time
fixed for such meeting. Any business which could be conducted at a regular meeting
may be conducted at a special meeting.
Quorum. A quorum for all meetings shall consist of four members, and the presiding
officer shall be included in the count.
Order of Business. The order of business at all meetings, regular or special, unless
varied by a suspension of rules agreed to by a majority of the Authority, shall be as
follows:
Call to Order
Pledge of Allegiance
Roll Call
Statement of Public Notice
Public Hearings
Approval of Minutes
Public Input
Old Business
New Business
Miscellaneous Business As Authorized By Law
Adjournment
7. PUBLIC INPUT
The Public Input period is the time that the public may offer opinions on an item on the
agenda. Generally, this is the only time that individuals outside the members of the CDA
and the various petitioners relating to an agenda item may speak. Allowing input or
opinions from individuals outside the public input time is only allowed by the chair or
when “motions allowing the floor to speak” are approved by the CDA.
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The Public Input period on each agenda is limited to items under New and Old Business
on the night’s agenda. Comments will be limited to three minutes per speaker. There
does not have to be any discussion by/with the CDA during Public Input.
The Public Input section of an agenda will take place before any new/old business is
discussed. A Public Input form for those wishing not to speak publicly will be available at
each meeting in order for all opinions to be heard.
7.8.VOTING
Provided a quorum is present and except as otherwise provided by law or these rules,
the affirmative vote of a majority of the members present shall be required to decide
any matter up for consideration.
In the event that any member shall disqualify himself from voting on any matter, such
member shall nonetheless be counted in determining whether a quorum is present, but
such disqualification shall not decrease the number of votes required for passage of
any motion, resolution, or the taking of any other action.
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8.9.PUBLIC HEARINGS
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The order of business for holding public hearings shall be:
a) Reading of Public Notice by the Secretary
b) A brief statement or presentation from the Executive Director as to the nature of
request and the notice that was given.
c) Presentation by the applicant or petitioner, if any
d) Statements of those present and wishing to speak for or against the application
or petition.
e) Questions by the Authority members
f) Discussion by the Authority members
g) Closing of hearing or if necessary adjourning the hearing to a fixed future date.
Conduct of Public Hearings. The presiding officer shall announce immediately prior to
each public hearing that no one will be heard unless they state their name and
address for the record. The presiding officer shall briefly explain the order of
business, and may announce that each person’s statements shall be limited to a
specific amount of time. The presiding officer shall have the authority to terminate any
statement when the speaker’s time has elapsed.
Appearance. All persons desiring to be heard shall be heard.
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Withdrawal of Application. At any time prior to a motion to grant or refuse a request,
application, or petition, the applicant may withdraw the request, application, or petition.
Such withdrawal shall not entitle the applicant to a refund of any filing or publication
fee which may have been paid.
8.10. DECISION
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All final decisions by the Authority shall be in writing and shall be in the form of an
order or decision duly adopted by resolution. All such decisions shall be signed by the
presiding officer, attested by the secretary, and thereupon be filed with the records of
the case.
9.11. RECOMMENDATIONS TO THE COMMON COUNCIL
The Common Council should review the recommendations of the Authority.
Recommendations to the Common Council may be by resolution or in such other form
as the Authority deems appropriate.
10.12. AMENDMENT TO RULES
The general rules of procedure of the Authority shall be governed by Robert’s Rules of
Order where no specific statute, law, or ordinance controls.
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