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HomeMy WebLinkAbout7.a. Establishment of Reclocation Board of AppealsCITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION PORT AUTHORITY COMMISSION MEETING DATE: JANUARY 5, 1993 AGENDA ITEM: AGENDA SECTION: ESTABLISHMENT OF RELOCATION BOARD OF APPEALS NEW BUSINESS PREPARED BY: JOHN MILLER, AGENDA NO. (7 n /� ECONOMIC DEVELOPMENT COORDINATOR ATTACHMENTS: FEDERAL REGISTER OUTLINING APPEAL AP OVED BY: PROCESS, RESOLUTION, V The Port Authority is in the process of acquiring several properties in or near downtown Rosemount. This activity is affected by Federal law that requires persons in a business displaced by rehabilitation or demolition activities be compensated for relocation. A part of the rules and regulations for relocation address the issue of appeal of compensation awards after the original determination. These rules and regulations are found in the Federal Register of March 2, 1989, Volume 54, number 40. Section 24.10 provides rules for the appeals process in paragraph (b) where it states: The Agency official conducting the review of the appeal shall be either the head of the Agency or his or her authorized designee. However, the official shall not have been directly involved in the action appealed. This excludes persons from the board and both the Executive Director and Economic development Coordinator. In visiting with Jackie Wentworth and her partner, John Connors, I learned that most places use a department head with some knowledge of land or easement acquisition. This is true in Brooklyn Park, the St. Paul Port Authority, and the Minneapolis Community Development Agency. I have spoken with Ron Wasmund, the City's Public Works Director and he is agreeable to serve as the Appeal Officer. Mr. Wasmund has the necessary experience. Jackie Wentworth has suggested the Port Authority designate an Appeal Officer before taking action on any relocation claims. Attached is a resolution that would name Mr. Wasmund as the Appeal Officer for the Rosemount Port Authority in its relocation activity. RECOMMENDED ACTION: Motion to approve A RESOLUTION DESIGNATING THE CITY'S PUBLIC WORKS DIRECTOR RON WASMUND AS THE APPEALS OFFICER FOR THE ROSEMOUNT PORT AUTHORITY. PORT AUTHORITY ACTION: P- ster i*dcral Regi / Vol. 54, No. 40 / Thursday, March 2, 1989 / Rules and �,trstion of jointly -funded Time limit for initiating appeal. . I (i) Executive Order 1120—Equ (c ) The Agency may set a reasonable time Employment Opportunity. � 11825 -Mi ty limit for a person to file an appeal. The E ver t(j) Executive Order rivo or more Federal time limit shall not be less than 60 days �e/ provide financial assistance to Business Enterprise. lain after the person receives written �ency or Agencies, other than a (k) Executive Orders 11988, Fl P notification of the Agency's doral agency, to carry out functionally Management, and 11990. Protec of determination on the person's claim. 1 geographically related activities Wetlands. d Right to representation. A person sich will result in the acquisition of (1) Executive Order 12250—Le ship has a right to be represented by legal ` operty or the displacement of a and Coordination of Non-Dis ation counsel or other representative in ;son, the Federal agencies may by Laws. connection with his or her appeal, but ' eement designate one such agency as (m) Executive Order 12259— solely at the person's overt expense. e cognizant Federal agency. In the Leadership and Coordination of it (e) Review of files by person making I :likely event that agreement among the Housing in Federal Programs. appeal. The Agency shall permit a 1 gentles cannot be reached as to which (n) Executive Order 12830— person to inspect and copy all materials e ;envy shall be the cognizant Federal Governmental Actions and Inte nCe ertinent to his or her appeal, except t ;envy, then the lead agency shall with Constitutionally Protected Pert}' materials which are classified as i esignate one of such agencies to Rights. confidential by the Agency. The Agency ssume the cognizant role. At a le nimum, the agreement shall set forth 4 24.9 pe�rdkcapin9 and may, however, impose rersoght to conditions on the person's right to e federally assisted activities which (a) Records. The Agency sha insect, consistent with applicable laws. subject to Its terms and cite any - maintain adequate records of ! PIn Dli©es and procedures, in addition to, acquisition and displacement a vibes (f) Scope of peal, t ofappeal. a :is part, that are applicable to the - in sufficient detail to demonstr deciding an appeal, the Agency shall �t_ tivities under the agreemen, Under compliance with this part The ecords consider all pertinent justification and e agreement, the cognizant Federal shall be retained for at least 3 each and all other ava er material'submitted by the person. 1 ble information that. gency shall assure that the project is in _after each owner of a property is needed to ensure a fair and full : ompliance with the provision4 of the person displaced from the prop tiforrn Act and this part All federally ' 'receives the Mal payment to w he review of the appeal ssisted activities under the agreement - ' or she is entitled under this p r in (g) Determination and notification hall be deemed a project for the ; accordance with the applicable after appeal. Promptly alter receipt in nzpoaea of part. t regulations of the Federal fun information submitted by a p _ :. agency, whichever is later. ' SPP of an appeal the Agency shall 24 7 ' Fedetat a4?`ncy •Qf., =' := (b) Confidentiality of records orda make.a w-6iteh determination on the ; maintained by an Agency in acro ce :. appeal, including an explanation of the ..The Federal agency ftinding the' rizth this pa. -t are confidential reg " . basis on which the decision was made, j y Y their nse as public ififormation, s' = i . and furnish the person a copy. If the full '< ro ect rna waive. an requirement in, ; is part not required by law if it �":': = applicable law provides otherwise -:, relief requested la not granted, the --etermines that the waiver does not ' :_ . ,; (c) Repot The Agency shall su t Agency shall advise the person of his or. : educe any assists or protection '•- : a report of its real property acquisi bar right to seek judicial review. :rovided to an ownet or displaced ` • . and displacement activities under - (b) �Ancy a�cial to roti?e*v appeal: : ,erson under this part: Any r?quest for a if required by_the Federal ages . The Agency officfa] conducting the ; �raiver shell be justified iia a case.by p rt ring the project A report will no review of the appeal shall be either the - ase basis.. :' ` ; _:.:: required more frequently than eve bead of the Agency or his or her ears or as the Uniform Act pro v{d autborized designee. However, the 2t E ' Cernp ranee i+rt� other taxa and Y agency official shall Piot have been directly } cY locus .'. unless the Federal funding g cY ,The implementation of this pert must shows good cause. The report shall invotded"in the action appealed . De in compliance with other applicable prepared and submitted in the fora Sut pad B—fl�zt Fropefty Q .; =ederal laws and implementing r contained In Appendix B of this 24.101 APPI not limited : 'nclui& but 124. - .eo ilatiorsi Irtm* `;t•.e following :. a Section I of the Civil Rights Ant a General. The Agency shall `' c fequ(remz',fa of this . -� - • : • O gromplly.ieview appeals in accordance su(e ply to any acquisition of real S 1�8 (42 U.S.C. 1932 et seq.). with the requirements of applicable law for a Federal progra*n or = r (b) Title VI of the Civil Rights Act o p and Us part. ct, and to programs and projects 19F� (42 U.S.C. Z(300d et seq.). Actions rvt rah may be appealed. . - . (c) Title VIII of the. Civil Rights Act' (b)q eyedichmay files written .;. re there is Federal iirrancial 19ga (42 U.S.C. 3301 et seq.L aa•., t: ,' Any P person.'stance in any part of project costs: { ._.. appeal with the Agency in any case in..;.::• t for. as ended which the Ferson believes that the :.; :•. P int meet•`.. ' (d) The tJational Env=ironmental POI' Voluntary fransaction9 Act of 1 (42 U.S.C. 4321 et seq. Agency ba4 laded to pi operl}+ consider ttbe following coeditions :. ., nnLLer th13 part. Such essistence•ma a epeclfie.itle or property needs (e)st;oa 5G4 of the Rehabilitation the person s agpftatonTor assistance ; Act of 1973 ('L9 U.S.C..90 et F i to rquired, alttio^_gh the :agency -eft. ; (f} The Flood I�Issster Protectfan Ac include; but is not limited to, thealternative of 1973 (Pub'. L �3-234}.' `.::. ; ' ; . per5on'e eligibility for, or the amount of, . ` ma tes itrJts s�o roh hie pz Wherean z anent re >>+red under Q 24.106 or -. to ne. al g_ gasp (g) The A-.ge Dfscriei!_ ation Act o£ - a P Y- q, A y s�ishes to purchs^_emote than 24.107, or a telocat:nn pa}�nenE Po o h`c arca ori this 1Q75 (42 U.S.0 6101 et •seq.).- • ": '-: • § e Agency:: o to within a g gr P (h) Fxe�!ti:'e Order S10S3-£,;alai ` required under thea part. Th ata o:�^iere ate to be treated. Cp;ibri�,iiity and Hhu s;rg, a's arnende. 'Shall co' cider a written appal „_ ilarlY: L by Executive Order L 759 "'regardl� s of for CITY OF ROSEMOUNT PORT AUTHORITY DAKOTA COUNTY, MINNESOTA RESOLUTION 1993-1 A RESOLUTION NAMING AN APPEALS OFFICER FOR RELOCATION AWARDS WHEREAS, the City of Rosemount was given authority to establish the Rosemount Port Authority by the Minnesota Legislature upon adoption of an enabling resolution by the Rosemount City Council; and WHEREAS, the Rosemount City Council approved the enabling resolution on September 3, 1991 to create the Rosemount Port Authority; and WHEREAS, on February 4, 1992, the,Rosemount Port Authority commenced its operations as the redevelopment agency for the City of Rosemount; and WHEREAS, the Rosemount Port Authority is and will be involved in the acquisition of land for redevelopment purposes; and WHEREAS, the Federal Government has enacted the Uniform Relocation Assistance and Real Property Acquisition Polices Act of 1970 as amended to provide "...a governmental single rule for the implementation of statutory amendments;" and WHEREAS, the final rules promulgated by the Act appear in the March 2, 1989 Federal Register; and WHEREAS, an appeals provision for awards made by redevelopment agencies requires the designation of an appeals officer; NOW, THEREFORE BE IT RESOLVED, that the Rosemount Port Authority appoint the City of Rosemount's Public Works Director as the appeals officer for all claims originating in the Port Authority's relocation activities. ADOPTED this 5th day of January, 1993. ATTEST: Ed Dunn, Chairperson Stephan Jilk, Its Executive Director Motion by: Seconded by: Voted in favor: Voted against