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Home My WebLink About2010 03-08 EDAP • EDA MEETING City of Brooklyn Center March 8, 2010 AGENDA 1. Call to Order —The EDA requests that attendees turn off cell phones and pagers during the meeting. A copy of the full City Council packet, including EDA (Economic Development Authority), is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. 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 1. February 22, 2010 — Regular Session • b. Resolution Opting Not to Waive Limited Tort Liability for 2010 4. Commission Consideration Items None. 5. Adjournment I 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 FEBRUARY 22, 2010 CITY HALL — COUNCIL CHAMBERS 1. CALL TO ORDER The Brooklyn Center Economic Development Authority (EDA) met in Regular Session called to order by President Tim Willson at 11:07 p.m. 2. ROLL CALL President Tim Willson and Commissioners Kay Lasman, Tim Roche, Dan Ryan, and Mark Yelich. Also present were Executive Director Curt Boganey, Director of Fiscal & Support Services Dan Jordet, Public Works Director /City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Assistant City Manager/Director of Building & Community Standards Vicki Schleuning, City Attorney Charlie LeFevere, and Carol Hamer, Timesaver Off Site Secretarial, Inc. • FIX HOUR OF ADJOURNMENT President Willson indicated that policy requires a vote by the EDA for meetings to proceed beyond 11:00 p.m. President Willson moved and Commissioner Lasman seconded to extend the meeting past 11:00 p.m. and proceed with the EDA agenda. Motion passed unanimously. 3. APPROVAL OF AGENDA AND CONSENT AGENDA Commissioner Lasman moved and Commissioner Ryan seconded approval of the Agenda and Consent Agenda, and the following items were approved: 3a. APPROVAL OF MINUTES 1. February 8, 2010 — Regular Session 3b. RESOLUTION NO. 2010 -03 AUTHORIZING THE EXECUTIVE DIRECTOR TO WRITE OFF UNCOLLECTIBLE ACCOUNTS RECEIVABLE 02/22/10 -1- DRAFT Motion passed unanimously. • 4. COMMISSION CONSIDERATION ITEMS 4a. FIRST AMENDMENT TO THE DEVELOPMENT AGREEMENT, FBI REGIONAL FIELD OFFICE PROJECT 1. RESOLUTION NO. 2010 -04 AUTHORIZING EXECUTION OF A FIRST AMENDMENT TO DEVELOPMENT AGREEMENT Executive Director Curt Boganey provided an overview of the First Amendment to the Development Agreement for the FBI Regional Field Office Project. President Willson moved and Commissioner Roche seconded adoption of RESOLUTION NO. 2010 -04 Authorizing Execution of a First Amendment to Development Agreement. Motion passed unanimously. 4b. RESOLUTION NO. 2010 -05 AUTHORIZING THE ACQUISITION OF PROPERTY TO FACILITATE NEIGHBORHOOD IMPROVEMENTS AND REDEVELOPMENT OPPORTUNITIES WITHIN THE BROOKLYN BOULEVARD CORRIDOR (4800 71ST AVENUE NORTH) Director of Business and Development Gary Eitel introduced the item, discussed the history, and stated the purpose of the proposed resolution. There was discussion on the necessary streetscape improvements to the Brooklyn Boulevard Corridor as part of the planned improvements by CEAP to proceed with Phase II of the Community Education Building. There was discussion on the assessed valuation of the property and possible relocation costs in relation to the purchase price included in the proposed purchase agreement. Commissioner Lasman moved and Commissioner Roche seconded adoption of RESOLUTION NO. 2010 -05 Authorizing the Acquisition of Property to Facilitate Neighborhood Improvements and Redevelopment Opportunities within the Brooklyn Boulevard Corridor (4800 71 Avenue North). Motion passed unanimously. 5. ADJOURNMENT Commissioner Lasman moved and Commissioner Ryan seconded adjournment of the Economic Development Authority meeting at 11:33 p.m. Motion passed unanimously. • 02/22/10 -2- DRAFT EDA Agenda Item No. 3b ECONOMIC DEVELOPMENT AUTHORITY ITEM MEMORANDUM TO: Curt Boganey, Executive Director FROM: Daniel Jordet, Assistant Treasurer DATE: March 2, 2010 SUBJECT: Statutory Tort Liability Limits Recommendation: It is recommended that the attached resolution adopting the no waiver option for statutory tort liability insurance be adopted by the Economic Development Authority. Background: Each year the EDA must choose whether to waive the tort liability limit protections of Minnesota Statutes 466.04 as part of the insurance policy renewal application process. M.S. 466.04 states that the maximum liability for any claim arising after 1 January 2010 is $ 500,000 with an aggregate limit of $ 1,500,000 per incident. The regular liability insurance policy covers claims under the strictures of this law. If the EDA were to waive the limit, the EDA would be prudently advised to purchase additional insurance to cover possible higher claims arising from liability • claims. Premiums for this additional insurance would be more than $ 9,000 per year. Budget Issues: The 2010 budget anticipates leaving the no waiver option in place for the 2010 insurance application. Waiving that limit would require purchase of additional insurance for a premium increase of at least $ 9,000 for the year. SECTION 1: 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: o If the city does not waive the statutory fort limits, an individual claimant would be able to recover no more than $500,000. 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 $1,500,000. 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 $1,500,000. 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 $1,500,000., regardless of the number of claimants. If the city aives the statutory tort limits and purchases excess liability coverage, a single claimant could Y rY P Y 9 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 which the statutory tort limits apply would 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. League of Brooklyn Center EDA and H12A accepts liability coverage limits of $ from the Lea g 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 Pale 14 • Commissioner introduced the following resolution and moved its adoption: EDA RESOLUTION NO. RESOLUTION OPTING NOT TO WAIVE LIMITED TORT LIABILITY FOR 2010 WHEREAS, the Economic Development Authority of the City of Brooklyn Center has an option to waive its protection under the tort liability limitation contained in Minnesota Statutes 466.04; and WHEREAS, the statutory tort limit for 2010 is $ 500,000 per individual with an aggregate of $ 1,500,000 per incident; and WHEREAS, the Economic Development Authority of the City of Brooklyn Center has not opted to waive its rights to limited tort liability in past years and is required to make a declaration of its intention every year. NOW, THEREFORE, BE IT RESOLVED by the Economic Development Authority of the City of Brooklyn Center that the Authority does not waive the monetary limits on municipal tort liability established by Minnesota Statutes 466.02 for 2010. • March 8, 2010 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. •