7. City Attorney's Opinion Regarding HRA appointmentLM
Po,cr N. Knka
Thonm, M. Scott
Giry C;. Fuchs
Jame, R. \C i tom
Elliott B. Knet,ch
CAIMPBELL, KNUTSON, SCOTT & FUCHS, P.A.
Atttrnev" at Law
(612) 452 -5100
Fax (612) 452-5550
July 17, 1995
I CHANHASSEN MAYOR AND CITY COUNCIL
An.lre.i Mchowd Pochlcr
ToLI.1 L. Ni
Nlareuente M. McCarron
Gwor_e T. Stcphcn
Donald J. Chmiel, Mayor
Mike Mason, Councilmember
Steven Berquist, Councilmember R z.= t twi V rz
I Colleen Dockendorf, Councilmember
Mark Senn, Councilmember �/
RE: APPOINTMENT OF H.R.A. COMMISSIONERS,
Dear Mayor and Councilmembers:
At the last City Council we were asked to brief the Council on the appointment of
H.R.A. commissioners. The governing statute, Minn. Stat. § 469.003, Subd. 5, 6, and 7, is
enclosed. The statute provides:
• an H.R.A. has five (5) commissioners;
• commissioners must be residents of the City;
• commissioners are appointed by the Mayor with the approval of the City Council;
• commissioners are appointed for five (5) year terms;
• if Cit y PP Council members are a ppointed as commissioners their terms on the
H.R.A. can be made to coincide with their terms of office as council members;
i
• commissioners hold office until their successors have been appointed.
Unlike other appointments the City Council makes, their is no process for removing an
H.R.A. commissioner after an appointment has been made. You can, of course, always ask for
' a commissioner to resign. The City Council could also establish an Economic Development
Authority ( "E.D.A. ") appointing the City Council as E.D.A. commissioners and then transfer
all of the H.R.A.'s "control, authority, and operation of any project...." to the E.D.A. (See,
Minn. Stat. § 469.094). With the passage of special legislation, the City could also create a port
Suite 317 • Eagandale Office Center • 1380 Corporate Center Curve • Eagan, MN 55121
Chanhassen Mayor and City Council
July 17, 1995
Page 2 '
authority, designate the City Council as commissioners, and make the same transfer of power
from the H.R.A. to the port authority.
If you have any additional questions, please call. '
Very truly s, '
AMPBELL TSON, SCOTT
S, P. A. '
oger N. Knutson
RNK: srn
Enclosure '
cc: Don Ashworth, City Manager '
3
1003
ECONOMIC DEVELOPMENT 469.003
Subd. 24. Section 8 program. "Section 8 program" means an existing housing assis-
tance payments program under section 8 of the United States Housing Act of 1937,
United States Code, title 42, section 1437f, as amended.
History: 1987 c 291 s 2; 1990 c 532 s 2,3; 1992 c 376 art 3 s I
469.003 CITY HOUSING AND REDEVELOPMENT AUTHORITY.
Subdivision 1. Preliminan• city findings and declaration. There is created in each
city in this state a public body, corporate and politic, to be known as the housing and
redevelopment authority in and for that city. No such authority shall transact any busi-
ness or exercise any powers until the governing body of the city shall, by resolution, find
that in that city (1) substandard, slum, or blighted areas exist which cannot be rede-
veloped without government assistance, or (2) there is a shortage of decent, safe, and
sanitary "dwell ing accommodations available to persons of low income and their fami-
lies at rentals they can afford, and shall declare that there is need for a housing and rede-
velopment authority to function in that city. In determining whether dwelling
accommodations are unsafe or unsanitary, or whether substandard, slum, or blighted
areas exist, the governing body may consider the degree of deterioration, obsolescence,
or overcrowding, the percentage of land coverage, the light, air, space, and access avail-
able to inhabitants of the dwelling accommodations, the size and arrangement of
rooms, the sanitary facilities, the extent to which conditions exist in the buildings that
endanger life or property by fire or other causes, and the original land planning, lot ]a}-
out, and conditions of title in the area.
Subd. 2. Public hearing. The governing body of a city shall consider such a resolu-
tion only after a public hearing is held on it after publication of notice in a newspaper
of general circulation in the city at least once not less than ten days nor more than 30
days prior to the date of the hearing. Opportunity to be heard shall be granted to all
residents of the city and to all other interested persons. The resolution shall be pub-
lished in the same manner in which ordinances are published in the municipalit}.
Subd. 3. Conclusiveness of resolution. When the resolution becomes finally effec-
tive, it shall be sufficient and conclusive for all purposes if it declares that there is need
for an authority and finds in substantially the terms provided in subdivision 1 that the
conditions therein described exist.
Subd. 4. Copy filed with commissioner of trade and economic development. When
the resolution becomes finally effective, the clerk of the city shall file a certified copy
of it with the commissioner of trade and economic development. In any suit, action,
or proceeding involving the validity or enforcement of or relating to any contract of
an authority, the authority shall be conclusively deemed to have become established
and authorized to transact business and exercise its powers upon that filing. Proof of
the resolution and of that filing may be made in any such suit, action, or proceeding
by a certificate of the commissioner of trade and economic development.
Subd. 5. Commissioners. An authority shall consist of five commissioners, who
shall be residents of the area of operation of the authority, who shall be appointed after
the resolution becomes finally effective.
Subd. 6. Appointment; approval; term; vacancy. The commissioners shall be
appointed by the mayor, with the approval of the governing body. Those initially
appointed shall be appointed for terms of one, two, three, four, and five years, respec-
tively. Thereafter all commissioners shall be appointed for five -year terms. Each
vacancy in an unexpired term shall be filled for the remainder of the term for which
the original appointment was made. Any member of the governing body of a city may
be appointed and may serve as a commissioner of the authority for the city. The council
of any city which appoints members of the city council as commissioners may set the
terms of office of a commissioner to coincide with the commissioner's term of office
as a council member.
Subd. 7. Certificate of appointment; filing. Commissioners shall hold office until
their successors have been appointed and qualified. A certificate of appointment of each