Minnesota Session Laws - 1986, Regular Session

  

                         Laws of Minnesota 1986 

                        CHAPTER 341-H.F.No. 1807 
           An act relating to local government; providing for the 
          coordination of various development authorities in the 
          city of Moorhead and Clay county; providing an 
          exception from the Moorhead police civil service 
          system for the chief and deputy chief of police. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  [LEGISLATIVE FINDINGS AND PURPOSE.] 
    The legislature finds that the responsibilities for 
industrial and economic development, redevelopment, and housing 
are divided among several agencies and city departments in the 
city of Moorhead.  The legislature further finds that increased 
coordination of these activities in the city would improve the 
efficiency and effectiveness of the city's industrial and 
economic development, redevelopment, and housing programs, and 
that as a border city, the city has special needs for a 
coordinated, well focused, and aggressive economic development 
and redevelopment strategy.  The legislature further finds that 
the coordination, efficiency, and effectiveness of the city's 
economic development and redevelopment efforts would be enhanced 
by focusing the responsibilities for these activities in a 
single agency.  It is the purpose of this act to enable the city 
to establish a single agency accountable to the mayor and city 
council that is responsible for promoting and assisting 
industrial and economic development and redevelopment in the 
city. 
    Sec. 2.  [POWERS OF CITY.] 
    Notwithstanding any contrary provision of law or charter, 
the city of Moorhead may, in addition to its other powers and 
without limiting them, exercise the powers granted to a 
governmental subdivision by Minnesota Statutes, chapters 458, 
462, and 472.  However, the city may not exercise the power to 
operate and maintain public housing as provided in Minnesota 
Statutes, chapter 462.  It may exercise the powers assigned to 
redevelopment agencies pursuant to Minnesota Statutes, chapter 
474, to further the purposes of Minnesota Statutes, sections 
458.09 to 458.1991, 462.411 to 462.705, and Minnesota Statutes, 
chapters 472 and 472A.  It may exercise the powers set forth in 
Minnesota Statutes, sections 458.09 to 458.1991, 462.411 to 
462.705, and Minnesota Statutes, chapters 472 and 472A, to 
further the purposes and policies set forth in Minnesota 
Statutes, chapter 474.  It may exercise the powers granted by 
this section and any other development or redevelopment powers 
authorized by other laws, including Minnesota Statutes, chapters 
472A and 474, independently or in conjunction with each other as 
though all the powers had been granted to a single entity.  Any 
project undertaken to accomplish the purposes of Minnesota 
Statutes, chapter 462, that qualifies as single family housing 
under Minnesota Statutes, section 462C.02, subdivision 4, is 
subject to Minnesota Statutes, chapter 462C. 
     Sec. 3.  [DELEGATION OF CITY POWERS.] 
     The city may, by adoption of an enabling resolution in 
compliance with section 4, grant to the Moorhead housing and 
redevelopment authority any of the powers granted to the city 
under section 2.  If the city makes a grant of power to the 
authority under this section, the city may also continue to 
exercise all the powers granted to the city by section 2.  
Notwithstanding a grant of power, the city shall retain the same 
authority to review and approve the actions of the authority 
that any city has with respect to a port authority, housing and 
redevelopment authority, or other agency under Minnesota 
Statutes, chapters 458, 462, 472A, and 474. 
     Sec. 4. [ENABLING RESOLUTION.] 
     Subdivision 1.  [PROCEDURAL REQUIREMENT.] A grant of power 
by the city to the housing and redevelopment authority shall be 
by a 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 before the date of the public hearing. 
    Subd. 2.  [CHANGES IN HRA NAME AND BOARD.] Notwithstanding 
any contrary provisions of law, the enabling resolution shall 
establish the terms and numbers of the commissioners of the 
Moorhead housing and redevelopment authority and may provide for 
a change in the name of the authority.  The term for 
commissioners shall not be less than two years and not more than 
five years.  The number of commissioners shall not be less than 
seven and not more than 11, and not more than one-third of the 
commissioners shall be city council members. 
    Subd. 3.  [LIMITATIONS.] The enabling resolution may impose 
the following limitations upon the actions of the housing and 
redevelopment authority: 
    (1) that the authority shall not exercise any specified 
powers contained in Minnesota Statutes, chapters 458, 472, 472A, 
and 474; 
    (2) that the authority shall not exercise certain powers 
without the prior approval of the city council; 
    (3) that the levy of any tax by the authority be approved 
by the city council by resolution prior to the levy of the tax; 
    (4) that the sale of all bonds or obligations issued by the 
authority be approved by the city council before issuance; 
    (5) that the authority follow the budget process for city 
departments as provided by the city charter and as implemented 
by the city council and mayor; 
    (6) that all official actions of the authority must be 
consistent with the adopted comprehensive plan of the city and 
any official controls implementing the comprehensive plan; 
    (7) that the authority submit to the city council for 
approval by resolution any proposed project as defined in 
Minnesota Statutes, section 273.73, subdivision 8; 
    (8) that the authority submit all planned activities for 
influencing the action of any other governmental agency, 
subdivision, or body to the city council for approval; or 
    (9) any other limitation or control established by the city 
council by the enabling resolution. 
Notwithstanding clauses (1) to (9) the enabling resolution shall 
not impose limitations on the exercise of powers granted to the 
authority pursuant to Minnesota Statutes, chapter 462, except 
that the enabling resolution may limit the exercise of powers 
granted pursuant to Minnesota Statutes, section 462.445, 
subdivision 1, clauses (2) and (3). 
     Subd. 4.  [AMENDMENTS.] The enabling resolution may be 
modified at any time, subject to subdivision 6.  Any 
modification shall be made in accordance with the procedural 
requirements of subdivision 1. 
     Subd. 5.  [REPORTS.] Without limiting the right of the 
authority to petition the city council at any time, each year, 
within 60 days of the anniversary date of the initial adoption 
of the enabling resolution, the authority shall submit to the 
city council a report stating whether and how the enabling 
resolution should be modified.  Within 30 days of receipt of the 
recommendation, the city council shall review the enabling 
resolution, consider the recommendations of the authority, and 
make any modification it considers appropriate.  Any 
modification shall be made in accordance with the procedural 
requirements of subdivision 1. 
     Subd. 6.  [INTERPRETATION AND RESTRICTIONS.] A 
determination by the city council that the limitations imposed 
under this section have been complied with by the authority 
shall be conclusive. 
    Limitations imposed under this section must not be applied 
in a manner which impairs the security of any bonds issued or 
contracts executed before the imposition of the limitation.  The 
city council shall not modify any limitations in effect at the 
time any bonds or obligations are issued or contracts executed 
to the detriment of the holder of the bonds or obligations or 
any contracting party.  
    Sec. 5.  [BUDGET AND PERSONNEL.] 
    If the city adopts an enabling resolution pursuant to 
section 4, it may, by resolution of the city council, provide 
the authority with personnel and staff, on the terms and 
conditions as it may deem appropriate, and may appropriate and 
budget money for the administration of the authority as it shall 
deem necessary and appropriate.  The money shall be budgeted, 
used, and accounted for in accordance with the charter and 
ordinances of the city. 
    Sec. 6.  [PUBLIC HOUSING.] 
    Subdivision 1.  [RESOLUTION ESTABLISHING AGENCY; BOARD OF 
COMMISSIONERS.] If the city adopts an enabling resolution 
pursuant to section 4, it may, by resolution of the city council 
adopted in compliance with the same procedural requirements 
contained in section 4, subdivision 1, establish an independent 
public housing agency.  The agency shall be a public corporation 
and political subdivision of the state and be governed by a 
board of commissioners.  The number of commissioners, terms of 
office, the appointing authority of the commissioners, and other 
matters relating to the composition of the the board of 
commissioners for the public housing agency shall be the same as 
for commissioners of a housing and redevelopment authority 
established pursuant to Minnesota Statutes, section 462.425.  
Appointments shall be made in the same manner as provided in 
section 462.425, after adoption of the resolution establishing 
the public housing agency.  The city council shall, by 
resolution, designate the name for the agency.  As used in this 
section, the term "agency" means the agency established pursuant 
to this subdivision. 
     Subd. 2.  [DEFINITIONS.] Unless the context clearly 
indicates otherwise, the terms used in subdivisions 1 to 4 have 
the meanings given them in Minnesota Statutes, section 462.421. 
     Subd. 3.  [POWERS AND DUTIES.] Except as provided in 
subdivision 5, the public housing agency shall have the powers 
necessary or convenient to carry out the purposes of Minnesota 
Statutes, sections 462.415 to 462.581, with respect to public 
housing and to provide and manage housing facilities and 
services for persons of low and moderate income, including the 
power: 
     (1) to sue and be sued; 
     (2) to have perpetual succession; 
    (3) to make, amend, and repeal rules consistent with law or 
city ordinance; 
    (4) to employ necessary officers, agents, and employees, 
both permanent and temporary, except for the agency's executive 
director appointed pursuant to subdivision 7, and designate 
their qualifications, duties, and compensation; 
     (5) to accept transfer of housing employees from the 
housing and redevelopment authority of the city; and 
     (6) to lease, construct, reconstruct, purchase, repair, 
maintain, administer, and operate existing and future public 
housing facilities, and programs providing housing and services 
to persons of low and moderate income. 
     Subd. 4.  [TRANSFER OF RIGHTS AND LIABILITIES.] The agency 
shall have all the rights, duties, titles, and obligations 
relating to the provisions for and administration of the housing 
program undertaken by the housing and redevelopment authority of 
the city of Moorhead acquired or incurred by that authority 
before the establishment of the agency pursuant to subdivision 
1.  Specifically, all contracts, debts, obligations, existing 
collective bargaining agreements, and fringe benefit plans 
affecting employees transferred from the housing and 
redevelopment authority of the city before the establishment of 
the agency and relating to the authority's housing program shall 
be assumed and performed by the public housing agency and shall 
not be impaired by the adoption of this section. 
    Subd. 5.  [LIMITATIONS.] Notwithstanding the provisions of 
any other law, the agency may not: 
    (1) levy and collect taxes or special assessments with 
respect to any existing or future public housing; 
    (2) make a final determination, by rule or otherwise, or 
extend funds or incur an obligation with respect to or for the 
purpose of any construction, reconstruction, purchase, site 
selection, site acquisition, clearance and preparation, or 
determination of need for public housing without approval by the 
city council; or 
    (3) enact a rule or regulation, perform an act, expend 
funds or incur an obligation inconsistent with law or city 
ordinance. 
    Subd. 6.  [DIVISION OF DUTIES AND POWERS.] Notwithstanding 
section 4, the resolution establishing a public housing agency 
pursuant to subdivision 1 may limit the duties and powers of the 
housing and redevelopment authority with respect to public 
housing. 
    Subd. 7.  [EXECUTIVE DIRECTOR; APPOINTMENT; REMOVAL.] The 
chief administrative officer of the agency shall be its 
executive director.  The city manager shall appoint and may 
suspend and remove the executive director in accordance with 
city personnel rules applicable to city department heads.  
Appointment and removal of the executive director shall require 
approval by a majority vote of the city council and the public 
housing agency board.  The executive director may be appointed 
as an employee of the agency or as an employee of the city. 
    Sec. 7.  [MOORHEAD-CLAY COUNTY AREA REDEVELOPMENT 
AUTHORITY.] 
    Subdivision 1.  [CESSATION OF OPERATIONS.] Notwithstanding 
Laws 1980, chapter 461, the Moorhead-Clay county area 
redevelopment authority shall cease to exercise its powers, its 
board of commissioners shall be dissolved, and the city council 
of the city of Moorhead and the board of Clay county 
commissioners shall not appoint commissioners to the 
Moorhead-Clay county area redevelopment authority board except 
as provided in subdivision 2. 
     Subd. 2.  [REESTABLISHMENT OF BOARD.] If, after the 
effective date of this section, the city council of the city of 
Moorhead and board of Clay county commissioners adopt 
resolutions appointing commissioners to the Moorhead-Clay county 
area redevelopment authority board as provided in Laws 1980, 
chapter 461, for new appointments, the Moorhead-Clay county area 
redevelopment authority shall be reestablished and operate as 
provided in chapter 461. 
     Sec. 8.  [POWER OUTSIDE CITY.] 
     If the city council of the city of Moorhead and the board 
of Clay county commissioners adopt resolutions requesting the 
Moorhead housing and redevelopment authority to exercise its 
powers in areas outside the city boundaries but within Clay 
county, in connection with a specific economic development or 
redevelopment project, the authority may do so.  If the project 
is located within another city, the city council of that city 
must also adopt a resolution requesting the authority to 
exercise its powers there.  
    Sec. 9.  [POWER OUTSIDE STATE.] 
    The powers granted to the city by section 2 may be 
exercised with respect to any project located in a city located 
outside the state but contiguous to the city of Moorhead.  In 
furtherance of the exercise of the powers granted to the city in 
section 2, and notwithstanding any other provision of law or 
charter, the city or the authority may enter into a joint powers 
agreement with another political subdivision located within or 
without the state or a nonprofit or for-profit organization to 
provide for the ownership and operation of facilities located 
outside the state. 
    Sec. 10.  [MOORHEAD POLICE.] 
    Notwithstanding any other law or charter provision, the 
chief of police and deputy chief of police of the city of 
Moorhead are not subject to the jurisdiction of the Moorhead 
police civil service commission and are exempt from the police 
civil service system adopted by the city of Moorhead pursuant to 
Minnesota Statutes, chapter 419. 
    Sec. 11.  [LOCAL APPROVAL.] 
    Sections 1 to 6 and 9 are effective the day after 
compliance with Minnesota Statutes, section 645.021, subdivision 
3, by the governing body of the city of Moorhead. 
    Sections 7 and 8 are effective the day after compliance 
with Minnesota Statutes, section 645.021, subdivision 3, by the 
governing bodies of the city of Moorhead and Clay county. 
    Section 10 is effective the day after compliance with 
Minnesota Statutes, section 645.021, subdivision 3, by the 
governing body of the city of Moorhead.  Section 10 shall not 
apply to any incumbent holding the position of chief of police 
or deputy chief of police on the effective date of section 10. 
    Approved March 19, 1986