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HomeMy WebLinkAbout2017 01-09 EDAPEDA Agenda EDA MEETING City of Brooklyn Center Constitution Hall, Community Center January 9, 2017 AGENDA 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 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. December 5, 2016 — Special Session 2. December 12, 2016 — Regular Session 4. Commission Consideration Items a. Resolution Electing Officers for the Economic Development Authority in and for the City of Brooklyn Center Requested Commission Action: —Motion to adopt resolution. b. Resolution Opting Not to Waive Limited Tort Liability for 2017 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 SPECIAL SESSION DECEMBER 5, 2016 CITY HALL — COUNCIL CHAMBERS 1. CALL TO ORDER The Brooklyn Center Economic Development Authority (EDA) met in Special Session called to order by President Tim Willson at 7:31 p.m. 2. ROLL CALL President Tim Willson and Commissioners April Graves, Kris Lawrence -Anderson, Lin Myszkowski, and Dan Ryan. Also present were Executive Director Curt Boganey, Interim Assistant to the City Manager Reggie Edwards, Finance Director Nate Reinhardt, and Deputy City Clerk Rozlyn Tousignant. 3. APPROVAL OF AGENDA AND CONSENT AGENDA Commissioner Myszkowski moved and Commissioner Graves seconded approval of the Agenda and Consent Agenda. Motion passed unanimously. 4. COMMISSION CONSIDERATION ITEMS 4a. RESOLUTION NO. 2016-26 APPROVING THE FINAL BUDGET FOR THE ECONOMIC DEVELOPMENT AUTHORITY OF BROOKLYN CENTER, MINNESOTA, FOR FISCAL YEAR 2017 Commissioner Graves moved and Commissioner Lawrence -Anderson seconded to adopt RESOLUTION NO. 2016-26 Approving the Final Budget for the Economic Development Authority of Brooklyn Center, Minnesota, for Fiscal Year 2017. Motion passed unanimously. 5. ADJOURNMENT Commissioner Graves moved and Commissioner Myszkowski seconded to adjourn the Economic Development Authority meeting at 7:34 p.m. Motion passed unanimously. 12/05/16 -1- DRAFT 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 DECEMBER 12, 2016 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 7:45 p.m. 2. ROLL CALL President Tim Willson and Commissioners April Graves, Kris Lawrence -Anderson, Lin Myszkowski, and Dan Ryan were present. Also present were Executive Director Curt Boganey, Interim Assistant to the City Manager Reggie Edwards, Finance Director Nate Reinhardt, Director of Business and Development Gary Eitel, City Attorney Troy Gilchrist, and Michaela Kujawa-Daniels, TimeSaver Off Site Secretarial, Inc. 3. APPROVAL OF AGENDA AND CONSENT AGENDA Commissioner Myszkowski moved and Commissioner Ryan seconded to approve the Agenda and Consent Agenda, and the following item was approved: 3a. APPROVAL OF MINUTES 1. November 28, 2016 — Regular Session Motion passed unanimously. 4. COMMISSION CONSIDERATION ITEMS 4a. RESOLUTION NO. 2016-27 AUTHORIZING A 60 DAY EXCLUSIVE NEGOTIATING PERIOD WITH CGG HOLDINGS REGARDING THE DEVELOPMENT OF 32 ACRES WITHIN THE OPPORTUNITY SITE Director of Business and Development Gary Eitel introduced the item, discussed the history, and stated the purpose of the proposed resolution. President Willson stated the redevelopment they have done in the City has generated some of the synergy that shows people the City is ready to utilize some of the properties open around the City. 12/12/16 -1- DRAFT Commissioner Myszkowski moved and Commissioner Ryan seconded to adopt RESOLUTION NO. 2016-27 Authorizing a 60 Day Exclusive Negotiating Period with CGG Holdings Regarding the Development of 32 Acres within the Opportunity Site. Motion passed unanimously. 5. ADJOURNMENT Commissioner Ryan moved and Commissioner Myszkowski seconded adjournment of the Economic Development Authority meeting at 8:24 p.m. Motion passed unanimously. 12/12/16 -2- DRAFT EDA Agenda Item No_ 4a TO: Curt Boganey, City Mana f .1 FROM: Sharon Knutson, City ClerkW4& DATE: January 3, 2017 SUBJECT: EDA Resolution Electing Officers for the Economic Development Authority in and for the City of Brooklyn Center Recommendation: It is recommended that the Economic Development Authority consider adoption of a Resolution Electing Officers for the Economic Development Authority in and for the City of Brooklyn Center. Background: Minn. Stat. 469.096 provides that an Economic Development Authority shall elect a president, treasurer, and secretary on an annual basis. EDA Resolution No. 87-06 also states in Article II, Section 7, that the president, vice-president, secretary, treasurer, and assistant treasurer shall be elected at the annual meeting of the Authority and shall hold office for one year or until successors are elected and qualified. The attached resolution elects such positions for the Economic Development Authority. Budget Issues: There are no budget issues to consider. Attachments Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust MINNESOTA STATUTES 2016 469.096 469.096 OFFICERS; DUTIES; ORGANIZATIONAL MATTERS. Subdivision 1. Bylaws, rules, seal. An authority may adopt bylaws and rules of procedure and shall adopt an official seal. Subd. 2. Officers. An authority shall elect a president, a vice-president, a treasurer, a secretary, and an assistant treasurer. The authority shall elect the president, treasurer, and secretary annually. A commissioner must not serve as president and vice-president at the same time. The other offices may be held by the same commissioner. The offices of secretary and assistant treasurer need not be held by a commissioner. Subd. 3. Duties and powers. The officers have the usual duties and powers of their offices. They may be given other duties and powers by the authority. Subd. 4. Treasurer's duties. The treasurer: (1) shall receive and is responsible for authority money; (2) is responsible for the acts of the assistant treasurer; (3) shall disburse authority money by check only; (4) shall keep an account of the source of all receipts, and the nature, purpose, and authority of all disbursements; and (5) shall file the authority's detailed financial statement with its secretary at least once a year at times set by the authority. Subd. 5. Assistant treasurer. The assistant treasurer has the powers and duties of the treasurer if the treasurer is absent or disabled. Subd. 6. Treasurer's bond. The treasurer shall give bond to the state conditioned for the faithful discharge of official duties. The bond must be approved as to form and surety by the authority and filed with the secretary. The bond must be for twice the amount of money likely to be on hand at any one time, as determined at least annually by the authority provided that the bond must not exceed $300,000. Subd. 7. Public money. Authority money is public money. Subd. 8. Checks. An authority check must be signed by the treasurer and one other officer named by the authority in a resolution. The check must state the name of the payee and the nature of the claim that the check is issued for. Subd. 9. Financial statement. The authority's detailed financial statement must show all receipts and disbursements, their nature, the money on hand, the purposes to which the money on hand is to be applied, the authority's credits and assets, and its outstanding liabilities in a form required for the city's financial statements. The authority shall examine the statement together with the treasurer's vouchers. If the authority finds that the statement and vouchers are correct, it shall approve them by resolution and enter the resolution in its records. History: 1987 c 291 s 97 Copyright © 2016 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. Member Gene Lhotka introduced the following resolution and moved its adoptions EDA RESOLUTION NO. 87-06 RESOLUTION ADOPTING BYLAWS OF THE BROOKLYN CENTER ECONOMIC DEVELOPMENT AUTHORITY WHEREAS, the Economic Development Authority of Brooklyn Center, Minnesota is organized and operates pursuant to Minn. Stat., Chapter 458C. NOW, THEREFORE, BE IT RESOLVED that the Economic Development Authority of Brooklyn Center, Minnesota, hereby adopts and approves the following bylaws:. ARTICLE I - THE AUTHORITY Section 1. Name of Authority. The name of the Authority is the "Economic Development Authority of Brooklyn Center, Minnesota." Section 2. Seal of Authority. The seal of the Authority shall be in the form of a circle and shall bear the name of the Authority. Section 3. Office of Authority. The offices of the Authority are at City Hall in the City of Brooklyn Center, State of Minnesota, or at such other place as the Authority may designate by resolution. ARTICLE II -_OFFICERS Section 1. Officers. The officers of the Authority are the President, Vice -President, Secretary, Treasurer, and Assistant Treasurer. Section 2. President. At the annual meeting, the President shall submit to the Authority a report summarizing -the activities and programs of the Authority for the past year and containing - the President's recommendation for Authority activities for the ensuing year. Section 3. Vice -President. The Vice -President shall perform the duties of the President in the absence or incapacity of the President; and in case of the resignation or death of the President, the Vice -President shall perform such duties as are imposed on the President until such time as the .Authority shall select a new President. Section 4. Secretary and Treasurer. The Secretary and Treasurer shall perform the duties of a Secretary and Treasurer, respectively, for the Authority. The Treasurer shall sign all orders and checks for the payment of money and shall pay out and EDA RESOLUTION NO. 87-06 disburse such monies under the direction of the Authority. Except as otherwise authorized by resolution of the Authority, all such orders and checks shall also be counter -signed by the President. The Treasurer shall be responsible for the care and custody of all funds of the Authority, and he shall be responsible for the keeping of accounts showing receipts and expenditures of the Authority. The Treasurer shall render to the Authority an account of financial condition of the Authority as may be requested by the Authority. Once each year on or before the last day of June, the Treasurer shall submit an audited detailed financial statement to the Authority covering the entire financial operations of the Authority for the preceding fiscal year hereby defined as the calendar year. The Secretary shall keep in safe custody the seal of the Authority and shall have the power to affix such seal to all contracts and instruments authorized to be executed by the Authority. Section 5. Executive Director. The Brooklyn Center city manager shall serve as Executive Director of the Authority and shall have general supervision over the administration and management of its business and affairs subject to the direction of the Authority. The Executive Director shall keep a record of the proceedings of the Authority. The Executive Director shall cosign all contracts, deeds, and similar instruments to which the Authority is a party. Section 6. Additional Duties. The officers of the Authority shall perform such other duties and functions as may from time to time be required by the Authority or the bylaws or rules and regulations of the Authority. Section 7. Election or Appointment. The President, Vice -President, Secretary, Treasurer, and Assistant Treasurer shall be elected at the annual meeting of the Authority and shall hold office for one year or until successors are elected and qualified. Section 8. Vacancies. Should the office of the President, Vice -President, Secretary, Treasurer, or Assistant Treasurer become vacant, pursuant to Minn. Stat. Section 351.02 or by other provisions of law, the Authority shall elect a successor from its membership at the next regular meeting, and such election shall be for the unexpired term of the office. Section 9. Additional Personnel. The Authority may from time to time employ or contract for such personnel as it deems necessary to exercise its powers, duties, and functions as prescribed by Minn. Stat., Chapter 458C, applicable thereto. Such personnel may be employees of the Authority, employees of other governmental organizations, or independent contractors. The selection and compensation of such personnel shall be determined by the Authority subject to the laws of the State of Minnesota. EDA RESOLUTION NO. 87-06 ARTICLE III - MEETINGS Section 1. Annual Meeting. The annual meeting of the Authority shall be held on the first business day of January.. Section 2. Meeting Schedule. The meeting schedule of the Authority shall be developed by the Executive Director. Section 3. Special Meetings. Special meetings of the Authority may be called by the President, or two members of the Authority for the purpose of transacting any business designated in the call. The call for a special meeting may be delivered at any time prior to the time of the proposed meeting to each member of the Authority or may be mailed to the business or home address of each member of the Authority at least two days prior to the date of such special meeting. At such special meeting no business shall be considered other than as designated in the call, but if all of the members of the Authority are present at a special meeting, any and all business may be transacted at such special meeting by unanimous vote. Section 4. Quorum. Three members of the Authority shall constitute a quorum to do business, but a smaller number may adjourn from time to time. When a quorum is in attendance, action may be taken by the Authority upon a vote of a majority of the members present. Section 5. Manner of Voting. The voting on all questions coming before the Authority shall be by roll call and the yeas and nays shall be entered upon the minutes of such meetings. ARTICLE IV - AMENDMENTS Section 1. Amendments to Bylaws. The bylaws of the Authority may be amended only with the approval of at least three members of the Authority. November 9, 1987 Date Chairman The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes , and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. EDA Agenda Item No. 4b DATE: January 9, 2017 TO: Curt Boganey, City Mana43 J FROM: Nathan Reinhardt, Finance Director N& 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 January 1, 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 be approximately $3,500 per year. Budget Issues: The 2017 budget anticipates leaving the no waiver option in place for 2017 and has anticipated insurance premiums based on that no waiver option. Waiving the statutory limits would require that approximately $3,500 in additional premium costs be allocated for 2017 and in each succeeding year. Strategic Priorities: ® Key Infrastructure Investments Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust Commissioner introduced the following resolution and moved its adoption: EDA RESOLUTION NO. RESOLUTION OPTING NOT TO WAIVE TORT LIABILITY FOR 2017 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 2017 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 2017. January 9, 2017 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.