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HomeMy WebLinkAbout2013 02-25 EDAPEDA MEETING City of Brooklyn Center February 25, 2013 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. January 14, 2013 — Regular Session 4.Commission Consideration Items a. Resolution Opting Not to Waive Tort Liability for 2013 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 JANUARY 14, 2013 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 9:26 p.m. 2.ROLL CALL President Tim Willson and Commissioners Carol Kleven, Kris Lavvrence-Anderson, Lin Myszkowski, and Dan Ryan. Also present were Executive Director Curt Boganey, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Assistant City Manager/Director of Building and Community Standards Vickie Sehleuning, City Attorney Charlie LeFevere, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. 3.APPROVAL OF AGENDA AND CONSENT AGENDA Commissioner Ryan moved and Commissioner Myszkowski seconded approval of the Agenda and Consent Agenda, and the following item was approved: 3a. APPROVAL OF MINUTES 1. December 10, 2012 — Regular Session Motion passed unanimously. 4.COMMISSION CONSIDERATION ITEMS 4a. RESOLUTION NO. 2013-01 ELECTING OFFICERS FOR THE ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF BROOKLYN CENTER Executive Director Curt Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. 01/14/12 -1- DRAFT President Willson reviewed the appointments as follows: President/Treasurer Tim Willson Vice-President Dan Ryan Assistant Treasurer Daniel Jordet Secretary Gary Eitel Commissioner Ryan moved and Commissioner Lawrence-Anderson seconded adoption of RESOLUTION NO. 2013-01 Electing Officers for the Economic Development Authority in and for the City of Brooklyn Center. Motion passed unanimously. 5. ADJOURNMENT Commissioner Ryan moved and Commissioner Myszkowski seconded adjournment of the Economic Development Authority meeting at 9:28 p.m. Motion passed unanimously. 01/14/12 -2- DRAFT EDA Agenda Item No. 4a EDA ITEM MEMORANDUM DATE: 14 February 2013 TO: Curt Boganey, Executive Director FROM: Daniel Jordet, Assistant Treasurer SUBJECT: Statutory Tort Liability Limits Recommendation: It is recommended that the Economic Development Authority consider approval/adoption of the attached resolution adopting the no waiver option for statutory tort liability insurance. Background: Each year the EDA must choose whether to waive 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 a city for any claim arising after 1 January 2010 is $ 500,000 with an aggregate maximum of $ 1,500,000 per incident. In past years the EDA has chosen not to waive the liability limits and the regular premium for insurance has covered all claims. If the EDA were to waive the limits set by statute, it would be prudent to purchase additional insurance coverage to cover possible higher awards in liability claims. Premiums for such insurance would exceed $ 3,000 per year. Budget Issues: The 2013 budget anticipates leaving the no waiver option in place for 2013 and has anticipated insurance premiums based on that no waiver option. Waiving the statutory limits would require that at least $ 3,000 in additional premium costs be allocated for 2013 and in each succeeding year. Council Goals: Ongoing: 1.We will provide streamlined, cost effective, quality services with limited resources 2.We will ensure the financial stability of the City Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust SECTION I: 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: n If the city does not waive the statutory tort 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. O 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. O 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 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. Brooklyn Ctr EDA/HRA accepts liability coverage limits of $ 500,000/$1,500,000 from the League of Minnesota Cities Insurance Trust (LMCIT). Check one:tg 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 LMCH; 145 University Ave. W., 5t. Paul, MN. 55103-2044 Commissioner introduced the following resolution and moved its adoption: EDA RESOLUTION NO. RESOLUTION OPTING NOT TO WAIVE TORT LIABILITY FOR 2013 WHEREAS, the Economic Development Authority of the City of Brooklyn Center has an option to waive its protection under the tort liability limitations contained in Minnesota Statutes 466.04; and WHEREAS, the statutory tort limit for 2013 is $ 500,000 per individual with an aggregate limit 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, Minnesota, that the Authority does not waive the monetary limits on municipal tort liability established by Minnesota Statutes 466.02 for 2013. February 25, 2013 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.