HomeMy WebLinkAbout7.c. Redraft of Port Authority ByLawsCITY OF ROSEMOIINT
EXECUTIVE SUMMARY FOR ACTION
PORT AUTHORITY COMMISSION MEETING DATE: APRIL 6, 1993
AGENDA ITEM: AMENDMENT OF BYLAWS
AGENDA SECTION:
OLD BUSINESS
PREPARED BY: JOHN MILLER,
AGENDA
ECONOMIC DEVELOPMENT COORDINATOR
ITEM #
ATTACHMENTS: REDRAFT OF PORT AUTHORITY
AQP D Y:
BYLAWS
v
Recently Commissioner Edwards submitted draft standing rules for
consideration by the members of the Port Authority. At the direction of
the commissioners, Chairperson Dunn, Mr. Jilk, and I reviewed the draft.
Attached for your review and consideration is a redraft of the bylaws that
govern the actions of the board. Included in the redraft are additions
shown in italics and deletions shown with a dashed line.
A synopsis of major changes based on Commissioner Edwards' work includes:
1. The Chairperson is_given direct authority to control boarddiscussion
and public comment.
2. Conflicts of interest are defined and prohibited.
3. Minutes, Bills and Communications, and other items not requiring
discussions are directed to the consent agenda.
4. Use of executive sessions is regulated.
In the review of the standing rules more changes in the bylaws were not
recommended in an effort to keep the process as simple as possible even at
the cost of organization. Simplicity and flexibility were seen as strong
points for the Port Authority.
For the bylaws to be amended the City Council must hold a public hearing
and approve the changes by resolution. If the board feels the bylaws need
to be amended a recommendation to do so should be made to the council.
RECOMMENDED ACTION: Motion to recommend to the City Council approval
of the amended bylaws for the Rosemount Port Authority.
PORT AUTHORITY ACTION:
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 H. R=ose
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 fob
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 6.
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. 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 elected by the Commission
members at the annual meeting.
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, investment,
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 developmlent 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 meetings 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.
2
Article VII.
Section 1.
Meetings of the Port Authority
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 by 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-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.
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 February 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.
3
The Chairperson will at hislher prerogative control discussion
among board members and regulate public comment to facilitate
adequate discussion, consideration, and decision making.
Section S. 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. Conflicts 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 yea and nay votes shall be entered upon the minutes of such meeting.
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.
4
Article XI. Annual Budget and Annual Report
The Rosemount Port Authority, a Development Agency, shall have -develop an annual
budget consistent with the requirements of Enabling Resolution No. 1991-53 Gity
Char -ter -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.
Article XIL 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.
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 to be
considered.
Article XIV. Approval of Bylaws
These Bylaws and any amendments to them shall be subject to the approval of the
Rosemount City Council.
Adopted: , 1992 at a regular meeting of the
Rosemount Port Authority, a Development Agency.
ATTEST:
Executive Director
5
Chairperson
Approved by the Rosemount City Council on , 1992
at a regular City Council meeting.
Mayor
City Clerk
2