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HomeMy WebLinkAbout6. Port AuthorityCITY OF ROSEMOUNT Y EXECUTIVE SUMMARY FOR ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 31 1991 AGENDA ITEM: PORT AUTHORITY AGENDA SECTION: PUBLIC HEARING PREPARED BY: SUSAN L. VANDERHEYDEN AGENDA �M # 6 ATTACHMENTS: RESOLUTION APP VE .BY At the August 6, 1991 regular meeting, the City Council set a public hearing for the consideration of establishment of a port authority. Attached for City Council review and consideration is the following: A) A summary of the Enabling Resolution; B) The Enabling Resolution Establishing the Rosemount Port Authority; If the City Council approves the Enabling Resolution, the Rosemount Port Authority will become effective January 21 1992. This is to allow the Mayor and -City Council time to define the role of the Port Authority members, establish a selection process and make the necessary appointments to the Authority. RECOMMENDED ACTION: MOTION TO ADOPT THE ENABLING RESOLUTION ESTABLISHING THE ROSEMOUNT PORT AUTHORITY COUNCIL ACTION: SUMMARY OF THE CITY OF ROSEMOUNT PORT AUTHORITY ENABLING RESOLUTION AUTHORITY The port authority would have all of the powers granted in Minnesota Laws, Chapter 469, Chapter 462 and Section 472A.10. This includes all of the powers granted to a housing and redevelopment authority and an economic development authority. PURPOSE To establish policies for public -assisted development within the City that will result in conscientious and coordinated efforts to encourage and precipitate future development so as to increase the tax base and employment within the City of Rosemount. It is the responsibility of the port -authority to carry out economic and industrial development and redevelopment within the City according to the policies developed by the City Council. GOVERNING BODY The port authority will consist of seven members with a minimum of two of the members being City Council representatives. The 'members will be given staggered terms. The appointments will be made by the Mayor subject to the approval and consent of the City Council. STAFF The City Administrator will serve as the Executive Director and shall be responsible for the efficient administration of the affairs of the authority. REPORTS The port authority must provide an annual report to the City Council by April 1st. FINANCE The financial matters of the port authority shall be the responsibility of the City Finance Director. FINANCE (continued) The port authority budget must be submitted to the City Administrator by August 1st of each year for review and approval as part of the City budgetary process. The fiscal year of the port authority shall be the same as that of the City. CONDITIONS Before undertaking activities with respect to a port district, industrial development district, redevelopment project, or any other type of project, a project plan and project budget must be presented to the City Council for approval. In addition, project plans must be submitted to the Planning Commission for its review and comment regarding the consistency of the plan with the City's comprehensive plan. The port authority shall not issue any obligations without the prior approval of the City Council. EXISTING PROJECTS The port authority is appointed the administrator of previously established development districts. POWERS The port authority has the following powers: -acquire property or easements -enter into operating contracts -lease space to individuals or corporations -lease or sell land -enter into construction contracts -condemn necessary property -request issuance of bonds -apply for grants -all other powers provided in the enabling legislation LEVY The port authority may levy .01813 percent of the market value of taxable property for the operation of the authority. The port authority may also levy .00282 percent of the market value of taxable property for the creation and development of industrial development districts. If a levy in excess of this amount is approved by the City Council it is subject to a reverse referendum. CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 1991 - A RESOLUTION ESTABLISHING THE ROSEMOUNT PORT AUTHORITY, A DEVELOPMENT AGENCY WHEREAS, the Minnesota State Legislature has enacted Laws of Minnesota, 1991, Chapter 291, Article 21, Section 17, authorizing the City of Rosemount to establish a port authority with the same powers as a port authority established under Minnesota Statutes, Section 469.049, or other law, as a housing and redevelopment authority established under Minnesota Statutes, Chapter 469.047, or other law, and shall constitute an "agency" that may administer one or more municipal development districts under Section 469.110; and WHEREAS, the City of Rosemount wishes to establish such a port authority and to define the relationship between it and the Council by adoption of this resolution; and WHEREAS, it is intended that this resolution be amended from time to time as required to further define or redefine the respective roles of the port authority and the Council regarding development and redevelopment within the City of Rosemount; and WHEREAS, it is intended that by this resolution and actions taken hereunder, the Council of the City of Rosemount shall establish broad policies for public -assisted development within the City of Rosemount and that the implementation of such policies be the responsibility of the port authority; and WHEREAS, it is the desire of the Council that adoption of this resolution and the creation of a port authority will result in a conscientious and coordinated effort to encourage and precipitate future development within the 1 City of Rosemount so as to increase tax base, promote employment and enhance the health, safety and welfare of City of Rosemount residents; and WHEREAS, the Council has conducted a public hearing, pursuant to published notice, as required by Laws of Minnesota, 1991, Chapter 291, Article 21, Section 17; NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: Section 1. Definitions. "Authority" means the Rosemount Port Authority, a development agency. "City" means the City of Rosemount, Minnesota. "Commission" means the Rosemount Port Authority, a development agency. "Commissioner" means a person serving on the Rosemount Port Authority. "Council" means the duly elected governing body of the City of Rosemount. "Enabling Act" means Laws of Minnesota, 1991, Chapter 291, Article 21, Section 17, authorizing the City of Rosemount to create a port authority. "Enabling Resolution" means this resolution of the Council establishing the Authority pursuant to the Enabling Act. "The Development Act" means Minnesota Statutes, Chapter 469.124 to 469.134, inclusive. "Executive Director" means the City Administrator. "The HRA Act" means Minnesota Statutes, Chapter 469.002 to 469.047, inclusive. "The Housing Bond Act" means Minnesota Statutes, Chapter 462C. "Industrial Bond Act" means Minnesota Statutes, Chapter 469.152 to 469.1651, inclusive. "Project Budget" means a financial budget containing the sources and uses of public funds to be expended in carrying out the public costs associated with a Project Plan or Project Area Plan. In the event any or all such public costs are to be paid with tax increment, the Project Budget shall constitute a "tax increment financing plan," as described in Section 469.175 of the Tax Increment Act. "Project Plan" means an outline for the development or redevelopment of a geographic area or single parcel which contains a statement of objectives for improvement of the area as well as a description of public facilities to be constructed, an estimated schedule of the open space to be created, the environmental controls to be applied, the property to be publicly acquired and the condition under which the Authority shall exercise the right of eminent domain, if any, the proposed reuse of private property, and the general standards of development. Said plan shall be sufficiently complete to constitute a "development program" pursuant to Section 469.125, Subdivision 3 of the Development Act and a "redevelopment plan" pursuant to Section 469.027 of the HRA Act. "The Port Act" means Minnesota Statutes, Chapter 469.048 to 469.068, inclusive. "Port District" means the City of Rosemount. "Tax Increment Act" means Minnesota Statutes, Section 469.174 to 469.191, inclusive. Section 2. Establishment. There is hereby created in the City of Rosemount a port authority which, subject to the provisions of this Enabling Resolution, shall have all of the powers, duties and responsibilities of any port authority created pursuant to the Port Act, or other law, a housing and redevelopment authority created pursuant to the HRA Act, or other law and which shall constitute an "agency" 3 that may administer one or more municipal development districts under Section 469.110. It shall be the role and responsibility of such port authority to carry out economic and industrial development and redevelopment within the City of Rosemount in accordance within such general policies as may from time to time be established by the Council. Section 3. Legal Status. The Authority shall be a public body politic and corporate and a political subdivision of the State of Minnesota. It shall not be considered a department of the City of Rosemount nor shall the City of Rosemount be liable for its obligations, unless assumed by the City of Rosemount in writing. Its relationship to the Council shall be governed by the Enabling Act, this Enabling Resolution and the various statutes under which it operates, including the Port Act, the NRA Act, the Development Act, the Industrial Bond Act, the Housing Bond Act and the Tax Increment Act; provided that in the event there is a conflict between the terms of this Enabling Resolution and any such statute, the Enabling Resolution shall control and in the event there is a conflict between the Port Act and any such statutes, the Port Act shall control; provided further that a statute granting authority shall not be deemed to be in conflict with a statute that grants less or no such authority. Section 4. Name. The port authority created by the Enabling Act and this Enabling Resolution shall be known legally as the Rosemount Port Authority, a development agency. Section 5. Governing Body. The powers of the Authority shall be vested in the commissioners thereof in office at any time, a majority of whom shall constitute a quorum for all purposes. Pursuant to Minnesota Statutes, Section 469.050, Subdivisions 1 and 4 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: Seat Number Term 1 1 year 2, 2 years 3 3 years 4 4 years 5 5 years 6 6 years 7 b years Not less than two commissioners shall also be members of the Council. Appointments shall be by the Mayor and shall be subject to the approval and consent of the Council. A vacancy shall be created whenever a commissioner who is a council member ends council membership, in which case such vacancy shall be filled by the mayor with the approval and consent of the Council, for the balance of the term. If a citizen member of the Commission becomes a member of the Council or Mayor, a vacancy on the Commission shall be thereby created and shall be filled by the proper reappointing authority for that seat. Section 6. Authority Staff. The commissioners of the Authority shall be empowered to hire such employees, agents and consultants as they deem proper and as further provided in the Port Act, including the appointment of an Executive Director of the Authority who shall have the following powers and duties: (1) To see that all resolutions, rules, regulations, or orders of the Authority are enforced. (2) To direct and manage the subordinate officers and regular employees of the Authority. (3) To present to the Authority plans, studies, and reports prepared for Authority purposes and recommend to the commissioners for adoption such measures as defined necessary to enforce or carry out the powers and duties of the Authority or the efficient administration of the affairs of the Authority. (4) To keep the Authority fully advised as to its financial condition, and to prepare and submit to the commissioners the annual budget and such other financial information as requested. (5) To recommend to the commissioners for adoption such rules and regulations as deemed necessary for the efficient operation of the Authority's functions. (6) To perform such other duties as may be prescribed by the commissioners. (7) To make necessary purchases of supplies for the operation of the Authority in accordance with State and City regulations (City Code). (8) To establish and maintain a system of filing and indexing records and reports. (9) To be responsible for the proper maintenance of all Authority property and equipment. Section 7. Authority Officers. The commissioners of the Authority shall elect officers as provided in Section 469.051 of the Port Act; provided, however, that the City Clerk shall be secretary thereto. Section 8. Reports. A. At least once annually by April 1st, the Authority shall: 6 (1) submit its Enabling Resolution modification recommendations to the Council pursuant to Section 2 of the Enabling Act. (2) appear at a regularly scheduled Council meeting and report to the Council, Mayor and members of the public regarding the operational status of the Authority. Such report shall comply with Section 469.055, Subdivision 2(9) of the Port Act and shall include a description of current and proposed projects as well as general development goals for the City of Rosemount. B. The Authority shall be responsible for all filings and reports required by the various statutes under which it operates. Copies of all such reports shall be provided to the Council and Mayor and shall be available to members of the public unless otherwise permitted or required by law. Section 9. Accounting, Budgets and Fiscal Year. A. The accounting, maintenance of books and records, establishment and maintenance of funds and accounts, investment of cash surpluses, disbursement of monies and other necessary financial matters of the Authority shall be the responsibility of the City Financial Director. Direction of and control over the City Financial Director with respect to such Authority financial matters shall reside in the commissioners and the Authority Executive Director; provided, however, that Authority accounting, investment, fund maintenance and disbursement shall be consistent with City of Rosemount procedures. Any conflict between the Authority or its Executive Director and the City Financial Director with respect to the appropriate interpretation of this paragraph shall be resolved by the Council. 7 B. On or before such date of each year, as the Council may designate, the Authority shall submit its annual budget to the City Administrator in a form prescribed by the City Administrator. Such budget shall include a detailed written estimate of the amount of money that the Authority expects to need from the City of Rosemount for Authority business during the next fiscal year and shall otherwise comply with the Port Act. The Council may impose such conditions upon the issuance of obligations by the City of Rosemount for the purpose of funding said Authority budget as it may determine. The City Administrator shall submit such budget to the Council for review and approval as a part of the City of Rosemount budgetary process. The commissioners and staff of the Authority shall appear before the Council as requested to explain and discuss the content of the proposed Authority budget. Upon approval of such budget, the Authority shall not exceed total budgeted expenditures without approval of corresponding budget amendments by the Council; provided, however, that this provision shall not preclude the Authority from unilaterally making such line -item changes as it deems appropriate. C. The fiscal year of the Authority shall be the same as that of the City of Rosemount. Section 10. Powers. A. The Authority may exercise all of the powers contained in the Port Act, provided that: 1. Before establishing the boundaries of and undertaking public activities with respect to an industrial development district, as set forth in Section 469.058 of the Port Act, the Authority 0 shall submit a Project Plan and Project Budget to the Council for approval. Such Project Plan shall be submitted to the Planning Commission of the City for its review and comment regarding the consistency of said plan with the City's comprehensive plan. Consideration by the Council shall be made at a public hearing upon 10 days published notice in the official newspaper of the City of Rosemount. The Council may impose such conditions upon its approval as it determines. 2. Before undertaking public activities within the Port District, but outside an industrial development district, the Authority shall submit a Project Plan and Project Budget to the Council for approval. Such Project Plan shall be submitted to the Planning Commission of the City for its review and comment regarding the consistency of said plan with the City's comprehensive plan. Consideration by the Council shall be made at a public hearing upon 10 days published notice in the official newspaper of the City of Rosemount. The Council may impose such conditions upon its approval as it determines. 3. The Authority shall not issue obligations without the prior approval of the Council. B. The Authority may exercise all of the powers contained in the HRA Act, provided that: 1. Before establishing the boundaries of and undertaking public activities with respect to a redevelopment project, as defined in Section 469.002, Subdivision 14 of the HRA Act, the Authority shall submit a Project Plan and Project Budget to 9 the Council for approval. Such Project Plan shall constitute a "redevelopment plan" pursuant to Section 469.027 of the HRA Act and shall be submitted to the Planning Commission of the City of Rosemount for its review and comment regarding the consistency of said plan with the City's comprehensive plan. Consideration by the Council shall be made at a public hearing upon 10 days published notice in the official newspaper of the City of Rosemount. The Council may impose such conditions upon its approval as it determines. 2. Before undertaking public activities outside of a "redevelopment project", the Authority shall submit a Project Plan and Project Budget to the Council for approval. Consideration by the Council shall be made at a public hearing upon 10 days published notice in the official newspaper of the City of Rosemount. The Council may impose such conditions upon its approval as it determines. 3. The Authority shall not issue obligations under the HRA Act without the prior approval of the Council. C. The Authority is hereby appointed Administrator of City of Rosemount Development Districts, numbers previously established by the Council. 1. Pursuant to the Development Act, the Authority shall have the following powers: a. To acquire property or easements through negotiation. b. To enter into operating contracts on behalf of the City of Rosemount for operation of any of the facilities 10 authorized to be constructed under the terms of the Development Act. C. To lease space to private individuals or corporations within the buildings constructed under the terms of the Development Act. d. To lease or sell land and to lease or sell air rights over structures constructed under the authority of the Development Act. e. To enter into contracts for construction of the several facilities or portion thereof authorized under the Development Act. f. Certify to the Council for acquisition through eminent domain of property that cannot be acquired by negotiation, but is required for implementation of the development program; g. Certify to the Council the amount of funds, if any, which must be raised through sale of bonds to finance the program for industrial development districts. h. Apply for grants from the Federal Government. i. Apply for grants from other sources. D. The Authority may exercise all of the powers of a redevelopment agency contained in the Industrial Bond Act; provided, however, that obligations shall not be issued without the prior approval of the Council. E. The Authority may exercise all of the powers of a city contained in the Housing Finance Act, provided authorized to do so by ordinance 11 of the Council pursuant to Section 462C.02, Subdivision 6 of the Housing Finance Act and provided further that obligations shall not be issued without the prior approval of the Council. F. The Authority may exercise all of the powers of an authority contained in the Tax Increment Act, provided that obligations shall not be issued without the prior approval of the Council. G. The Authority may exercise such powers as may be contained in other laws applicable to port authorities or housing and redevelopment authorities not specifically described herein. Section 11. Levy. Pursuant to Section 469.053, Subdivision 4 of the Port Act, the Council may propose to levy in 1992 .01813 percent of the market value of taxable property within the City of Rosemount for operation, and .00282 percent of the market value of the taxable property within the City of Rosemount for creating and development of industrial development districts, which said levy shall be taken into account for purposes of the City's levy limit and the proceeds of which shall be set aside by -the City Financial Director for purposes of the Authority for expenditures by it in accordance with its approved budget. In the event that the City of Rosemount levies an amount in excess of .00282 percent of the market value of the taxable property within the City of Rosemount for the creation and development of industrial development districts, the City Administrator shall prepare a separate resolution and shall publish the same, together with a notice of public hearing on said resolution for two successive weeks in the City's official newspaper. The hearing shall be held on a date specified in said resolution which is two to four weeks after the first publication. After the hearing, the Council may decide to take no action or may 12 adopt a resolution authorizing the proposed levy or a lesser levy. A resolution authorizing such levy shall be published in the City's official newspaper. In the event that the City levies an amount in excess of .00282 percent of the market value of the taxable property within the City of Rosemount, the resolution shall not be effective if a petition requesting a referendum on said resolution is filed with the City Clerk within 30 days of publication of said resolution. The petition must be signed by voters equaling five percent of the votes cast in the City of Rosemount in the last general election. Then the resolution is only effective if approved by a majority of those voting on the question. The referendum must be held at a special or general election before October 1 of the year for which the levy increase is proposed. Section 12. Influencing Government Actions. Neither the Commissioners or the staff of the Authority shall present to Congress, the state legislature, any federal or state agency, or any member thereof, proposals regarding the structure and organization of the Authority or any matter of policy affecting the City of Rosemount generally without the prior approval of the Council. It is the intention of this section that the Authority be prohibited from representing to these or similar governmental entitles policy positions which might be in conflict with those held by the Council and Mayor. Section 13. Amendments. The Authority shall not act inconsistently with this Enabling Resolution; provided that a determination by the Council that the limitations imposed by this resolution have been complied with by the Authority shall be conclusive. Amendments to this resolution shall be by written resolution and upon notice and hearing in accordance with Subdivision 3(b) of the Enabling Act. Section 14. Effective Date. The Rosemount Port Authority, a development agency, shall be deemed created as of January 2, 1992. 13 Adopted this day of , ATTEST: Susan M. Walsh, City Clerk Motion by: Voted in favor• Voted against• 14 Vernon J. Napper, Mayor Seconded by: