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Home My WebLink About2009 02-23 EDAPEDA MEETING City of Brooklyn Center February 23, 2009 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 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 9, 2009 - Regular Session • 4. Commission Consideration Items a. Resolution Opting Not to Waive Limited Tort Liability for 2009 Requested Commission Action: -Motion to adopt resolution. 5. Adjournment 0 EDA Agenda Item No• 3a • 0 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 9, 2009 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 7:33 p.m. 2. ROLL CALL President Tim Willson and Commissioners Kay Lasman, Tim Roche, Dan Ryan, and Mark Yelich. Also present were City Manager Curt Boganey, Director of Fiscal & Support Services Dan Jordet, Public Works Director/City Engineer Steve Lillehaug, Community Development Director Gary Eitel, Director of Community Activities, Recreation and Services Jim Glasoe, Police Chief Scott Bechthold, Fire Chief Lee Gatlin, Assistant to the City Manager Vickie Schleuning, City Attorney Charlie LeFevere, and Carol Hamer, Timesaver Off Site Secretarial, Inc. 3. APPROVAL OF AGENDA AND CONSENT AGENDA Commissioner Lasman moved and Commissioner Ryan seconded approval of the Agenda and Consent Agenda, and the following item was approved: 3a. APPROVAL OF MINUTES 1. January 12, 2009 - Regular Session Motion passed unanimously. 4. COMMISSION CONSIDERATION ITEMS 4a. RESOLUTION NO. 2009-03 AUTHORIZING THE ACQUISITION OF PROPERTY IN CONNECTION WITH THE REMOVE AND REBUILD PROGRAM (5301 JAMES AVENUE NORTH) Mr. Eitel provided background information on the property located at 5301 James Avenue North and stated the purpose of the proposed resolution. • 02/09/09 -1- DRAFT • There was discussion on the $20,000 estimated cost of demolition and fees per the consultant service agreement with the Greater Metropolitan Housing Corporation. Mr. Eitel explained there may be the need for asbestos removal. A survey of the property will be completed to determine what needs to be removed before the site can be cleanly demolished and taken to the demo landfill. Commissioner Yelich moved and Commissioner Ryan seconded adoption of RESOLUTION NO. 2009-03 Authorizing the Acquisition of Property in Connection with the Remove and Rebuilt Program (5301 James Avenue North). It was noted that the City will likely bank the land until market conditions are favorable. Motion passed unanimously. 5. ADJOURNMENT Commissioner Lasman moved and Commissioner Ryan seconded adjournment of the Economic Development Authority meeting at 7:40 p.m. Motion passed unanimously. • • 02/09/09 -2- DRAFT EDP Ngenda item No, 4a 40 TO: FROM: DATE: City of Brooklyn Center Economic Development Authority Agenda Item Memorandum Curt Boganey, Executive Director Daniel Jordet, Assistant Treasur 17 February 2009 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 Authority must chose 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 an authority for any claim arising after 1 January 2009 but before 1 July 2010 is $ 400,000 with an aggregate maximum of $ 1,200,000 per incident. In past years the City Council has chosen not to waive the liability limits and the regular premium for insurance has covered all claims. If the Authority 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 $ 8,000 per year. Financial Impact: The 2009 budget anticipates leaving the no waiver option in place for 2009 and has anticipated insurance premiums based on that no waiver option. Waiving the statutory limits would require that at least $ 8,000 in additional premium costs be allocated for 2009 and in each succeeding year. 0 SECTION I: LIABILITY COVERAGE WAIVER FORM hies 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 $400,000. 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 $1,200,000. 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 $1,200,000. 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 $1,200,000., 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 which the statutory tort limits apply would also be limited to the amount of coverage purchased, regardless of the number of claimants. L 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. *rooklvn Center EDA and HRA accepts liability coverage limits of $ from the eague 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 • 16 i Commissioner introduced the following resolution and moved its adoption: EDA RESOLUTION NO. RESOLUTION OPTING NOT TO WAIVE LIMITED TORT LIABILITY FOR 2009 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 2009 is $ 400,000 per individual with an aggregate of $ 1,200,000 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 2009. 0 23 Februarv 2009 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. 0