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HomeMy WebLinkAbout2004 03-22 EDAP EDA MEETING City of Brooklyn Center March 22, 2004 AGENDA 1. Call to Order 2. Roll Call 3. Approval of Agenda and Consent Agenda -The following items are considered to be routine by the Economic Development Authority (EDA) and will be enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests, in which event the item will be removed from the consent agenda and considered at the end of Commission Consideration Items. a. Approval of Minutes Commissioners not present at meetings will be recorded as abstaining from the vote on the minutes. 1. March 8, 2004 Regular Session 4. Commission Consideration Item S a. Resolution Selecting the No Waiver Option for Statutory Tort Liability Requested Commission Action: Motion to adopt resolution. 5. Adjournment EDA Agenda Item No. 3a MINUTES OF THE PROCEEDINGS OF THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION MARCH 8, 2004 CITY HALL CITY COUNCIL 1. CALL TO ORDER The Brooklyn Center Economic Development Authority (EDA) met in Regular Session and was called to order at 9:35 p.m. by President Myrna Kragness. 2. ROLL CALL President Myrna Kragness, Commissioners Kathleen Carmody, Diane Niesen, and Bob Peppe. Commissioner Kay Lasman was absent and excused. Also present: Executive Director Michael McCauley, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. 3. APPROVAL OF AGENDA AND CONSENT AGENDA A motion by Commissioner Carmody, seconded by Commissioner Niesen to approve the agenda and consent agenda. Motion passed unanimously. 3a. APPROVAL OF MINUTES A motion by Commissioner Carmody, seconded by Commissioner Niesen to approve the January 12, 2004, regular session minutes. Commissioner Bob Peppe abstained. Motion passed. 4. COMMISSION CONSIDERATION ITEMS 4a. RESOLUTION CALLING FOR A PUBLIC HEARING REGARDING THE SALE OF CERTAIN EDA OWNED PROPERTY LOCATED AT 419 69TH AVENUE NORTH PURSUANT TO MINNESOTA STATUTES, SECTION 469.012 SUBDIVISION 7 AND SECTION 469.029 Executive Director Michael McCauley discussed this resolution would call a public hearing on April 12, 2004, for the sale of EDA owned property located at 419 69 Avenue North pursuant to Minnesota Statutes, Section 469.012 Subdivision 7 and Section 469.029. 03/08/04 -1- DRAFT RESOLUTION NO. 2004 -02 Commissioner Carmody introduced the following resolution and moved its adoption: RESOLUTION CALLING FOR A PUBLIC HEARING REGARDING THE SALE OF CERTAIN EDA OWNED PROPERTY LOCATED AT 419 69TH AVENUE NORTH PURSUANT TO MINNESOTA STATUTES, SECTION 469.012 SUBDIVISION 7 AND SECTION 469.029 The motion for the adoption of the foregoing resolution was duly seconded by Commissioner Peppe. Motion passed unanimously. 5. ADJOURNMENT A motion by Commissioner Carmody, seconded by Commissioner Peppe to adjourn the meeting at ,9:39 p.m. Motion passed unanimously. President 03/08/04 -2- DRAFT EDA Agenda Item No. 4a v Commissioner introduced the following resolution and moved its adoption: EDA RESOLUTION NO. RESOLUTION SELECTING THE NO WAIVER OPTION FOR STATUTORY TORT LIABILITY WHEREAS, the Economic Development Authority (EDA) has the option to waive its protection under tort liability limitations as contained in Minnesota Statute; and WHEREAS, the statutory tort limitation is $300,000 per individual and an aggregate of $1,000,000 per incident; and WHEREAS, the EDA is required to make formal declaration of its intent each policy year. NOW, THEREFORE, BE IT RESOLVED by the Economic Development Authority in and for the City of Brooklyn Center that it chooses not to waive its rights to limited liability under Minnesota State Statutes. March 22, 2004 Date President The motion for the adoption of the foregoing resolution was duly seconded by commissioner and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. V emorandum Date: 15 March 2004 To: Michael McCauley City Manager From: Daniel Jordet Director of Fiscal Support Service Re: Statutory Tort Liability Limits �5; Each year the Economic Development Authority must decide whether to waive the statutory limitations on tort liability. In the past the EDA has decided not to waive the limitations and purchase additional insurance coverage to protect itself against higher potential tort liability claims. This will save the EDA premium payments for excess coverage not required by state statute. Staff requests consideration of the attached resolution by the EDA at its next regular meeting. LMCIT LIABILITY COVERAGE WAIVER FORM Cities obtaining liability coverage from the League of Minnesota Cities Insurance Trust must decide whether or not to waive the statutory tort liability limits to the extent of the coverage purchased. The decision to waive or not to waive the statutory limits has the following effects: If the city does not waive the statutory tort limits, an individual claimant would be able to recover no more than $300,000.on any claim to which the statutory tort limits apply. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would be limited to $1,000,000. These statutory tort limits would apply regardless of whether or not the city purchases the optional excess liability coverage. If the city waives the statutory tort limits and does not purchase excess liability coverage, a single claimant could potentially recover up to $1,000,000. on a single occurrence. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would also be limited to $1,000,000., regardless of the number of claimants. If the city waives the statutory tort limits and purchases excess liability coverage, a single claimant could potentially recover an amount up to the limit of the coverage purchased. The total which all claimants would be able to recover for a single occurrence to whit g h the statutory ort limits apply would rY PP Y also be limited to the amount of coverage purchased, regardless of the number of claimants. Claims to which the statutory municipal tort limits do not apply are not affected by this decision. This decision must be made by the city council. Cities purchasing coverage must complete and return this form to LMCIT before the effective date of the coverage. For further information, contact LMCIT. You may also wish to discuss these issues with your city attorney. The City of accepts liability coverage limits of from the League of Minnesota Cities Insurance Trust (LMCIT). Check one: The city DOES NOT WAIVE the monetary limits on municipal tort liability established by Minnesota Statutes 466.04. The city WAIVES the monetary limits on tort liability established by Minnesota Statutes 466.04, to the extent of the limits of the liability coverage obtained from LMCIT. Date of city council meeting Signature Position Return this completed form to LMCIT, 145 University Ave. W., St. Paul, MN. 55103 -2044 Page 1 of 1