Loading...
HomeMy WebLinkAbout6.k. Commission By Laws and Selection Policy AmendmentsCITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION CITY COUNCIL MEETING DATE: MARCH 6, 2003 AGENDA: COMMISSION BY LAWS AND SELECTION AGENDA SECTION: POLICY AMENDMENTS CONSENT PREPARED BY: GARY KALSTABAKKEN, INTERIM CITY AGENDA NO: ADMINISTRATOR ITEM AF ATTACHMENTS: BYLAWS, COMMISSION SELECTION POLICY, APPROVED BY: RESOLUTION, ORDINANCE, LETTER - "� City Council has considered the by -laws and commission selection policy and determined that it would benefit the community to have commissioners' terms that are three years in length with staggered expiring terms to insure consistency within each commission. The Planning Commission and Parks and Recreation Commission changes further require an ordinance, because they are in our City Code Book. See the attached ordinance. The attached by -laws, policy, and resolution reflect the changes requested by City Council and will further improve the communication between City Council, commissions and residents. The Port Authority is required by State Statutes to maintain six year terms for the appointed resident terms (the members other than the elected Council commissioners), so an amendment in the form of a resolution is required and attached. All this said, the State further requires a public hearing be held before any amendments can be adopted into the enabling resolution. This public hearing can be noticed in the official newspaper March 7th and 14th and then held on March 20th at the regular City Council meeting. Reference City Attorney LeFevere's letter of February 4, 2003. No changes were recommended to the Utilities Commission by -laws. RECOMMENDED ACTION: MOTION to accept the recommended changes to the Parks and Recreation, Planning, and Port Authority by- laws and Selection Policy C -1 and approve AN ORDINANCE RELATING TO COMMISSIONS AMENDING CITY CODE CHAPTER 2. COUNCIL ACTION: CITY OF ROSEMOUNT POLICY TITLE COMMISSION SELECTION POLICY EFFECTIVE DATE March 6, 2003 POLICY NUMBER: C-1 PROPOSED BY : CITY COUNCIL DATE APPROVED BY CITY COUNCIL DECEMBER 3,1991 AMENDED:APRIL 17,2001; March 6, 2003 PURPOSE The City of Rosemount wants to assure equal and open access to the selection process for all City Council appointed standing Commissions. This policy will set a regular and formal recruitment and selection process for eligible applicants to all City Council Commissions. It will provide applicants for Citizens Advisory Commissions with basic information on the application procedures and the appointment process. POLICY This policy will provide guidelines governing the application procedure and the appointment process for Citizens Advisory Commissions. The commissions shall be advisory bodies to the City Council, charged with the responsibility of researching, reviewing, and making recommendations on related issues. PROCEDURE 1. All persons making application to the City Council for a position on a Citizens Advisory Commission shall be residents of the City of Rosemount. 2. Persons interested in being considered for appointment or reappointment to a City Commission shall complete an "Application for Appointment to City Commission" form furnished by the City. Appointments shall be made annually by the City Council prior to the commission's first regular meeting in April. Terms shall run from April to March. All members, regular and alternate, shall be appointed to a three -year terms, however, the term may be terminated early by the Council. Compensation for members shall be set by the City Council with the exception of the Port Authority and the Utilities Commission. 4. When an individual's regular employment and current activities appear to cause a conflict of interest with the business of a City commission for which the individual has applied, the individual shall divulge such apparent conflict in writing prior to consideration for appointment. Prior to making an appointment, the City Council shall determine whether the apparent conflict of interest would preclude the applicant from effectively taking part in the affairs of the City commission. 04/18/2001 Commission Selection Policy Pagel of 3 5. Anyone already holding an elective county, state, or federal office shall not be eligible to serve in a regular voting position on any of the City commissions or committees. 6. No permanent full -time or part-time City of Rosemount staff employee shall hold a regular voting position on any commission except that a staff member may serve as an ex- officio member. 7. An effort shall be made to have a diversity of professions and occupations represented on all commissions and, as a general guideline, at no one time should one -third of any one commission be comprised of individuals of like professions or occupations. As a general guideline, the members of each commission should be comprised of members representing a wide range of civic groups and interests. Attendance at the meetings of these advisory bodies is critical to their effectiveness; therefore, missing three consecutive meetings or attendance at less than 75% of the meetings in a six -month period will cause the commission chair to review the nature of the absences and, pending the outcome of that review, it may be necessary to forward a recommendation to the City Council that the member of the commission be removed for poor attendance. In the event an absence cannot be avoided, commissioners shall notify the chair or staff liaison in advance. 9. Commissions filled for mid -term vacancies shall complete the term. 10. Commission members may be removed by the City Council at any time when, in the judgment of the Council, the public welfare will be promoted by such removal. RECRUITMENT AND SELECTION Ninety days prior to the expiration of commission terms each year, the Council shall be advised of the pending vacancies and the attendance record and other pertinent information of the individuals whose terms are expiring. Upon the decision of Council to reappoint, those persons will be contacted to determine if he /she wishes to seek reappointment. If there is a vacancy, Council will announce to the general public the vacancies on the City Commissions at least sixty days prior to the expiration of commission terms each year and Applications for Appointment will be accepted from all interested citizens of Rosemount. Prior to the expiration of commission terms, the City Council will meet to review all applications and interview applicants. The qualifications of the members of the commissions shall be those who in judgment of the Council are representative of the community and are qualified by training, experience and interest useful for the fulfillment of the Commission's responsibility. EFFECTIVE DATE This policy will go into effect the day following its adoption by the City Council of Rosemount, Minnesota. 04/18/2001 Commission Selection Policy Page 2 of 3 A COMMISSION MEMBER'S CODE As a commission member, I believe that the primary purposes of a commission as advisory boards to the City Council, are to achieve effective and wise guidance of the City, to raise the standards of commission membership and to improve the level of services to the community which supports it. I realize that mine is a community trust, that I represent all the people and that I have a duty to the community as well as to the commission I pledge myself. Therefore, to cultivate an "educated heart" so that I may be sensitive to my obligations and relationships in this trusteeship, I subscribe to the code of an ethical person, remembering that ethics refers to what a person is morally obliged to do or not to do in a given situation. I believe that commission service can be an expression of democratic citizenship, signifying a willingness to accept community responsibility and the charge to preserve popular control of American public services. Respecting the dignity and worth of the individual, I shall base my relations with people on their qualities as individuals without distinction as to race or creed or gender or color or economic or social status. I believe that a person's greatest possession, as well as his /her greatest contribution to society, may lie in the ways in which he /she differs from me, rather than in the ways in which we are similar. I shall accept these differences and try to build a useful relationship upon them. I uphold the principles of my organization, recognizing and assuming my responsibility to establish and administer the best possible program and policies for my commission. I shall learn its programs and objectives, give to it a fair share of my time and personal abilities, keep a community wide perspective knowing that, for sound community service, my commission's work must be coordinated with the total community. I promise to be loyal to my own organization and a good neighbor to other agencies. My attitude shall be one of cooperative open- mindedness and objectivity. In carrying out my assignments, I shall be professional in realizing that it is not possible to lay down absolute rules for all situations. I shall be willing to think things through with the other commission members, weighing alternatives and exercising good judgment in choosing among them. 04/18/2001 Commission Selection Policy Page 3 of 3 ORDINANCE NO. VIII.5 CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA ORDINANCE NO. VIII._ AN ORDINANCE RELATING TO COMMISSIONS AMENDING CITY CODE CHAPTER 2 The City Council of the City of Rosemount, Minnesota, ordains as follows: SECTION 1 . Section 2 -1 -2 Planning Commission is amended to read: Section 2 -1 -2: ORGANIZATION AND MEETINGS: C. Ci nGi wil appe n4 t CA mission Chaim er O fficers: Ci � �..____._ .. ___ ___..__., �.._____.....,_,,.. �._.. .,.��� for-a� � r * .� _. ma , The Commission will elect a chairperson, vice - chairperson and other offices as determined in the bylaws. SECTION 2. Section 2-2-2, Parks & Recreation Commission is amended to read: Section 2 -2 -2: ORGANIZATION AND MEETINGS The C45' GOURGil Will the (;haiFPGFsen °°^h yGa^ . The Commission shall elect a chairperson and vice - chairperson from its members together with such other officers it deems necessary. The Commission shall meet at least once a month and shall submit its official meeting minutes to the City Council each and every month. SECTION 3 . This Ordinance shall be effective immediately upon its passage and publication. ADOPTED this 6th day of March, 2003. William H. Droste, Mayor ATTEST: Linda J. Jentink, City Clerk Published this day of , 2003 in the "Rosemount Town Pages." BYLAWS OF CITY OF ROSEMOUNT PLANNING COMMISSION Article I. Name of Commission The name of the committee shall be the Planning Commission of the City of Rosemount, Minnesota. Article II. Membership The Planning Commission shall consist of up to (5) members appointed by the City Council in accordance with Ordinance Title 2, Chapter 1 of the 1983 Code and Commission Selection Policy C -1. Article III. Term of Membership Members shall be appointed to a three (3) year staggered terms. The term of a Planning Commissioner shall begin the first meeting in April and expire on March 31 of each year. Article IV. Officers Section 1. Chairperson The Chairperson shall preside at all meetings and shall have the duties and powers usually attendant upon such officer. The Chairperson shall be selected by the commission for a one -year term. Section 2. Vice - Chairperson The Vice - Chairperson shall, in the absence or disability of the Chairperson, exercise all the powers and perform the duties of the Chairperson. The Vice - Chairperson shall be- selected by the commission for a one year term. Section 3. Vacancies Should the office of Chairperson or Vice Chairperson become vacant, the Commission shall elect a presiding officer for the regular meeting or until the Commission can appoint a new Chairperson or Vice Chairperson. Article V. V. Administrative Structure Section 1. Staff Liaison The City of Rosemount shall provide a staff member who shall have general supervision over the administration of the business and affairs of the Commission, subject to the direction of the City Administrator and City Council. The Staff Liaison is also responsible for the preparation of the agenda and reviews of business PLANNING COMMISSION BYLAWS matters to be considered by the Commission. The Staff Liaison shall also serve as advisor to the Commission and shall perform all other duties incident to his/her position. Section 2. Recording Secretary The City of Rosemount shall employ a Recording Secretary whose duties shall include the recording of the proceedings at the regular meetings and transcription of the minutes for consideration and approval by the Commission. Article VI. VI. Meetings Section 1. Regular Meetings Regular meetings of the Planning Commission shall be held at the time and date specified by the City Council Section 2. Special Meetings A special meeting may be called by the Chairperson or by any two (2) commission members by written request filed with the staff liaison who shall notify all members of the meeting at least twenty -four (24) hours in advance of the scheduled meeting time. Special meeting notices must be posted and shall state time, place and purpose of the meeting and no other business shall be considered. Section 3. Quorum. A majority of the Commission members shall constitute a quorum. A lessor number may adjourn the meeting until a quorum is obtained. The council liaison can be counted toward a quorum for a meeting. When a quorum is in attendance at a meeting, action may be taken by a vote of a majority in attendance. No voting shall be done by proxy. Section 4. Governance of Meetings The meetings of the Planning Commission shall be governed by Robert's Rules of Order, provided that said rules shall be construed liberally to afford the Planning Commission flexibility in the conduct of its meetings. Article VII. VII. Manner of Voting The voting on all questions coming before the Planning Commission shall be by roll call, and the yea and nay votes shall be recorded in the minutes. Article VIII. VIII. Order of Business At the regular meetings of the Commission, the following shall be the order of business: 1. Call to Order 2. Additions to Agenda 3. Audience Input 4. Approval of Minutes 5. Public Hearings 6. Old Business 7. New Business 8. Director's Report 2 PLANNING COMMISSION BYLAWS 9. Adjournment Artiele4X. IX. Amendments to Bylaws These bylaws may only be amended by the City Council. Approved by the Rosemount City Council on Council meeting. March 6, 2003 at a regular City Mayor William H. Droste ATTEST: City Clerk Linda Jentink BYLAWS OF CITY OF ROSEMOUNT PARKS AND RECREATION COMMISSION Article I. Name of Commission The name of the commission shall be the Parks and Recreation Commission of the City of Rosemount, Minnesota. Article II. Membership The Parks and Recreation shall consist of up to_five (5) members appointed by the City Council in accordance with City Code, Title 2, Chapter 2 and Commission Selection Policy, C -1. Article III. Term of Membership Members shall be appointed to three (3) year staggered terms. The term of a Parks and Recreation Commissioner shall begin on the first meeting in April and expire on March 31 of each year. Article IV. Officers Section 1. Chairperson The Chairperson shall preside at all meetings and shall have the duties and powers usually attendant upon such officer. The Chairperson shall be selected by the commission for a one -year term. Section 2. Vice - Chairperson The Vice - Chairperson shall preside at all meetings in the absence or disability of the Chairperson, exercise all the powers and perform the duties of the Chairperson. The Vice - Chairperson shall be selected by the commission for a one -year term. Section 3. Vacancies Should the office of Chairperson or Vice Chairperson become vacant, the Parks and Recreation Commission shall select a presiding officer at the next regular meeting. Article V. Administrative Structure Section 1. Director of Parks and Recreation The City of Rosemount shall employ a Director of Parks and Recreation who shall have general supervision over the administration of the business and affairs of the department, subject to the direction of the PARKS & RECREATION COMMITTEE BYLAWS Administrator and the City Council. The Director of Parks and Recreation is also responsible for the preparation of the agenda and reviews of business matters to be considered by the Commission. The Director of Parks and Recreation shall serve as advisor to the Commission and shall perform all other duties incident to his /her position. Section 2. Recording Secretary The City of Rosemount shall employ a Recording Secretary whose duties shall include the recording of the proceedings at the regular meetings and transcription of the minutes for consideration and approval by the Commission. Article VI. Meetings Section 1. Regular Meetings Regular meetings of the Parks and Recreation Commission -shall be held at the time and date specified by the City Council. Section 2. Special Meetings A special meeting may be called by the Chairperson or by any three (3) Commission members by written request filed with the Director of Parks and Recreation who shall notify all members of the meeting at least twenty -four (24) hours in advance of the scheduled meeting time. Special meeting notices must be posted and shall state time, place and purpose of the meeting and no other business shall be considered. Section 3. Quorum. A majority of the Commission members shall constitute a quorum. A lessor number may adjourn the meeting until a quorum is obtained. The council liaison can be counted toward a quorum for a meeting. When a quorum is in attendance at a meeting, action may be taken by a vote of a majority in attendance. No voting shall be done by proxy. Section 4. Governance of Meetings The meetings of the Parks and Recreation Commission shall be governed by Robert's Rules of Order, provided that said rules shall be construed liberally to afford the Parks and Recreation Commission flexibility in the conduct of its meetings. Article VII. Manner of Voting The voting on all questions coming before the Parks and Recreation Commission shall be by roll call, and the yea and nay votes shall be recorded in the minutes. Article VIII. Order of Business At the regular meetings of the Commission, the following shall be the order of business: 1. Call to Order 2. Additions to the Agenda 3. Audience Input 4. Approval of Minutes 2 PARKS & RECREATION COMMITTEE BYLAWS 5. Public Hearing 6. Old Business 7. New Business 8. Director's Report 9. Adjournment Article IX. Amendments to Bylaws These bylaws may only be amended by the City Council. Approved by the Rosemount City Council March 6, 2003 at a regular City Council meeting. Mayor William H. Droste ATTEST: City Clerk Linda Jentink CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2003- A RESOLUTION RELATING TO THE ROSEMOUNT PORT AUTHORITY; AMENDING RESOLUTION NO. 1991 53 WHEREAS, City Council Resolution No. 1991 -53 established the Rosemount Port Authority pursuant to the authority of Minnesota Laws 1991, Chapter 291, Article 21, Section 17; which resolution was amended by Resolution No. 2001 -34; and WHEREAS, the Council has determined that it is appropriate and in the interest of the public to amend the resolution establishing the port authority as hereinafter provided: NOW, THEREFORE, BE IT RESOLVED, that the City of Rosemount, Resolution No. 1991- 53, Section 5, as amended by Resolution No. 2001 -34, is amended to read as follows: Section 2. Time of Meetings D. Annual Meeting. The Annual Meeting shall be the first meeting in April and held with the regular meeting at the time and date specified by the Port Authority. Section 5. Governing Body The powers of the Authority shall be vested in the commissioner thereof in office at any time, a majority of whom shall constitute a quorum for all purposes. Pursuant to Minnesota Statues, Section 469.050, Subds. 1 and 3, such commissioners shall be seven (7) in number, shall be residents of the City of Rosemount and shall be appointed and serve as follows: (1) All mayors and members of the city council shall automatically be appointed commissioners for a term that coincides with their term of office as mayor or council member. If a mayor or council member declines to serve as a commissioner, or resigns from his or her position as commissioner, a vacancy is created which shall be filled by appointment by the mayor with the approval and consent of the council. The appointment so made shall be for a term in office of the individual council member whose resignation or decision not to serve as a commissioner created the vacancy. (2) Commissioners who are not members of the council shall be appointed for terms of six (6) years. If a vacancy occurs in seat so appointed, including a vacancy created when a commissioner becomes a member of the city council, a replacement shall be appointed by the mayor subject to approval and consent of the council. ADOPTED this 6th day of March, 2003. RESOLUTION 2000 - 34 ATTEST: Linda J. Jentink, City Clerk William H. Droste, Mayor CERTIFICATION I hereby certify that the foregoing is a true and correct copy of a resolution presented to and adopted by the City Council of Rosemount at a duly authorized meeting thereof, held on the 17th day of April, 2001, as disclosed by the records of said City in my possession. (SEAL) Motion by: Voted in favor: Voted against: Member absent: Linda J. Jentink, Rosemount City Clerk Second by: 2 BYLAWS of ROSEMOUNT PORT AUTHORITY A Development Agency Article I. Established There is hereby created by the City Council of the City of Rosemount, in accordance with Minnesota Statutes, 469.0813 and City of Rosemount Enabling Resolution No. 1991 -53, the Rosemount Port Authority, a Development Agency. Article II. Purpose The purpose of the Port Authority, a Development Agency, is to carry out economic development and redevelopment within the City by acting as the development authority for the City on behalf of the City's interest in continued new job development and increased tax base. Article III. Port Authority Members The Port Authority Commission shall consist of seven (7) members appointed in accordance with the provisions of the Enabling Resolution No. 1991 -53, Section 5 and Amendment 2001 -34, passed by City Council April 17, 2001. Article IV. Seal of Port Authority The seal of the Port Authority shall be in the form of a circle and shall bear the name of the Port Authority, the year established and contain the logo of the City of Rosemount. Article V. Governing Body All mayors and members of the city council shall automatically be appointed commissioners for a term, that _coincides with their term of office as mayor or council member. If a mayor or council member declines to serve as a commissioner, or resigns from his or her position as commissioner, a vacancy is created which shall be filled by appointment by the mayor with the approval and consent of the council. The appointment so made shall be for a term which coincides with the time in office of the individual council member whose resignation or decision not to serve as a commissioner created the vacancy. Not less than two commissioners shall also be members of the council. Commissioners who are not members of the council shall be appointed for terms of six (6) years. If a vacancy occurs in a seat so appointed, including a vacancy created when a commissioner becomes a member of the city council, a replacement shall be appointed by the mayor subject to approval and consent of the Council. (Reso. 2001 -34, 4- 17 -01) Section 1. Chairperson. The Chairperson shall preside at all meetings and shall have the duties and powers usually attendant upon such officer. The Chairperson shall be elected each year by the Commission members at the annual meeting. Port Authority Bylaws Section 2. Vice Chairperson. The Vice - Chairperson shall, in the absence or disability of the Chairperson, exercise all the powers and perform the duties of the Chairperson. The Vice - Chairperson shall be elected by the Commission members at the annual meeting. Section 3. Executive Secretary. The City Clerk shall act as Executive Secretary to the Port Authority and shall keep a record of all proceedings of Commission meetings. The Secretary shall also give notice of all meetings of the Commission and shall perform such other duties as prescribed by the Commission. Section 4. Treasurer. The Treasurer shall receive and be responsible for all monies from whatever source derived and the same shall be deemed public funds. Monies shall be disbursed only on checks signed by the Executive Director or the City Finance Director. The Port Authority Treasurer, when the Chairperson and Vice Chairperson are absent, shall be responsible for chairing the meeting. The City Finance Director will serve as the Port Authority Assistant Treasurer and be responsible for accounting, investing, fund maintenance and disbursement consistent with city procedures under the direction and control of the Commissioners. Other accounting procedures shall be in accordance with Minn. Stat. 469.049, et seq. and Enabling Resolution No. 1991 -53. Article VI. Administrative Structure Section 1. Executive Director. The Port Authority shall employ an Executive Director who shall have general supervision over the administration of its business and affairs, subject to the direction of the Port Authority. He /She shall be charged with the management of the development projects of the Port Authority. This person will be the City Administrator of the City of Rosemount. Section 2. Assistant Director. The Port Authority may employ an Assistant Director who shall assist the Executive Director in the administration of the business and affairs of the Port Authority. The assistant Director shall have the responsibility to coordinate meetings with public and private developers, pursuant to development /redevelopment projects and general business of the Port Authority. The Assistant Director shall also be responsible for reviewing and updating the Redevelopment Plan and written reviews of all development proposals which come before the Port Authority. Said reviews and other memorandums shall be directed to the Port Authority through the Executive Director. The Assistant Director shall sit at regular or special meeting of the Port Authority in the absence of the Executive Director, and shall attend other meetings as requested by the Port Authority or Executive Director. Section 3. Additional Personnel. The Port Authority may from time to time employ such personnel, as it deems necessary to exercise its powers, duties, and functions as prescribed by law. tj Port Authority Bylaws Article VII. Meetings of the Port Authority Section 1. Meeting Place. The meetings shall be at such a place in Rosemount Minnesota, as the Commissioners shall from time to time designate. All meetings, except as otherwise authorized or provided by law, shall be open to the public. The Chairperson may change the meeting place by giving five (5) days written notice to Commission members. Section 2. Time of Meetings. A. Regular Meetings. Regular meetings shall be held twice each month at the time and date specified by the Port Authority. B. Special Meetings. A special meeting may be called the Chairperson, the Executive Director, or by any three (3) Commissioners by written request filed with the Executive Director who shall mail or personally deliver to all members notice of the time and place of such meeting at least twenty -our (24) hours in advance of the scheduled meeting time. Special meeting notices must be posted and shall state time, place and purpose of the meeting and no other business shall be considered. C. Executive Session. Any business, properly before the Port Authority, which qualifies as attorney client or otherwise meets the legal standards for closed (Executive) session meetings, shall, following procedures established for convening such meetings, be in order. Only that business, for which the session was convened shall be in order. D. Annual Meeting. The Annual Meeting shall be the first meeting in April and held with the regular meeting at the time and date specified by the Port Authority. Section 3. Quorum. A majority of the commissioners is required to constitute a quorum. When a quorum is in attendance at a meeting, action may be taken upon a vote of a majority in attendance. No voting shall be done by proxy. Section 4. Governance of Meetings. The meetings of the Port Authority shall be governed by Robert's Rules of Order, provided that said rules shall be construed liberally to afford the Port Authority flexibility in the conduct of its meetings. The Chairperson will at his /her prerogative control discussion among board members and regulate public comment to facilitate adequate discussion, consideration, and decision making. Section 5. Conflict of Interest. Personal viewpoints are not to be represented to outside organizations or individuals as being those of the authority, city, or city operating departments. Special or personal interests, which may not represent the betterment of the community must remain separate from the commissioners' obligations and actions. Conflict of interest shall be avoided by all commissioners at all times. City Policy Ad -1, Committee Selection Policy, shall apply to all actions of the authority's members. Article VIII. Manner of Voting The voting on all questions coming before the Port Authority shall be by roll call, and the year and nay votes shall be entered upon the minutes of such meeting. Port Authority Bylaws Article IX. Order of Business 1. Call to Order 2. Consent A. Approval of Minutes B. Bills and Communications C. Other Items Not Requiring Discussion 3. Old Business 4. New Business 5. Chairperson's Report 6. Executive Director's Report 7. Adjournment Article X. Committees The Chairperson shall appoint such advisory committees and subcommittees as he /she determines are necessary and select its members. No committee shall consist of more than five (5) members. Committee and subcommittee members shall consist of commissioners and/or other persons selected by the Chairperson. The Chairperson shall define the purpose of the committee and subcommittee and the expected length of time necessary to complete a report. At any time these members may be replaced or removed as deemed necessary by the Chairperson. Article XI. Annual Budget and Annual Report The Rosemount Port Authority, a Development Agency, shall develop an annual budget consistent with the requirements of Enabling Resolution No. 1991 -53, Rosemount City Code, and Minnesota Statutes, Chapter 469, et seq. An Annual Report shall be presented by the Port Authority to the City Council each year during the month of April reviewing Port Authority plans, projects and expenditures of the previous year. All other reports shall be kept and distributed in accordance with various statutes and Enabling Resolution No. 1991 -53. Approved by the Rosemount City Council on April 17, 2001 at a regular City council meeting. Article XII. Powers The Port Authority may exercise all of the powers contained in the Minnesota Statutes, Chapter 469, as modified by Section 469.0813, and according to Enabling Resolution No. 1991 -53, and Resolution 2001 -34, 4- 17 -01. 4 Port Authority Bylaws Article XIII. Amendments to Bylaws The Bylaws may be amended by a vote of a majority of the Commissioners only when the proposed amendment has been submitted in writing to all the Commissioners two weeks prior to the meeting at which the amendment is to be considered. Article XIV. Approval of Bylaws Adopted: at a regular meeting of the Rosemount Port Authority, a Date Development Agency. Chairperson ATTEST: Executive Director These Bylaws and any amendments to them shall be subject to the approval of the Rosemount City Council. Adopted: Date ATTEST: at a regular meeting of the Rosemount City Council. Mayor William H. Droste City Clerk Linda Jentink 470 Pillsbury Center 200 South Sixth Street Minneapolis MN 55402 `• (612) 337 -9300 telephone (612) 337 -9310 fax C H A R T E R E D http: / /www.kennedy- graven.com February 4, 2003 Gary Kalstabakken Acting City Administrator City of Rosemount 2875 145"' St. W. Rosemount, MN 55068 Re: Port Authority Commissioner Terms of Office Dear Gary: CHARLES L. LEFEVERE Attorney at Law Direct Dial (612) 337-9215 email clefevere @kennedy- graven.com On June 20, 2000, Port Authority Commissioner Cami Zimmer was appointed to the unexpired tern of Commissioner Kevin Carol, who had resigned his position. Apparently this unexpired tern would have expired in 2005. On April 17, 2001, the City Council amended the enabling resolution of the Port Authority to reduce the tern of office of non - council members from six years to three years. In reviewing the effect of the April 17, 2001, amendment on the term of office of Commissioner Zimmer, I concluded that the City Council did not have the legal authority to change the term of non - council members to less than six years. The enabling statute that authorizes the City of Rosemount to establish a port authority provides that the City Council may exercise all powers relating to a port authority under Minnesota Statute §469.048 to §469.068. These are the sections of the Statute that deals with port authorities generally. Under Minnesota Statute §469.050, subd. 4, port authority commissioners' terms are set at six years. There �s authority for the City Council to change the term of office for commissioners who are City Council members. Minnesota Statutes authorizing Rosemount to create a port authority authorize it to exercise the powers of the City relating to housing and redevelopment authorities as well. Under the laws relating to housing and redevelopment authorities, City Council may set the term of office of the City Council Member so that the term as a commissioner coincides with the tern of office as a Council Member. Therefore, acting under this authority, the City Council may, and did, change the term of office for Council Members to coincide with the Council term of office. However, there is no authority to change the term of office for non- council members. CLL- 227059v 1 RS230 -1 y 3- Gary Kalstabakken February 4, 2003 Page 2 of 2 Therefore, I would recommend that the enabling resolution be amended again to set the terms of office at six years as required by State law. The procedure for changing the enabling resolution is set forth in Minnesota Statutes §469.0813, subd. 3, which states: Subd. 3. Procedural requirement. (a) The creation of a port authority by the city of Rosemount must be by written resolution known as the enabling resolution. Prior to adoption of the enabling resolution, the city council 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. (b) 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 The Notice of Public Hearing may simply state, along with the time and place of the hearing, that the hearing is being conducted for the purpose of consideration of amendment of the enabling resolution for the Rosemount Port Authority to provide that terms of office of commissi who are not members of the City Council will be six years. oners After the hearing, the Council could adopt the attached resolution. Please let me know if you have any questions. Very truly yours, Charles L. LeFevere CLL:sez Attachment >_ CLL- 227059v1 RS230 -1