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06/22/2021
LAUDERDALE CITY COUNCIL MEETING AGENDA 7:00 P.M. TUESDAY, JUNE 22, 2021 Due to the coronavirus, the city council is holding meetings by teleconference. The public may view the meeting on Lauderdale's public access channel 16 for cable subscribers or online at https ://www. ctvnorthsuburbs . orglyour- city/lauderdale/. The public may join the meeting using the login instructions at the end of the agenda. The City Council is meeting as a legislative body to conduct the business of the City according to Robert's Rules of Order and the Standing Rules of Order and Business of the City Council. Unless so ordered by the Mayor, citizen participation is limited to the times indicated and always within the prescribed rules of conduct for public input at meetings. 1. CALL TO ORDER THE LAUDERDALE CITY COUNCIL MEETING 2. ROLL CALL 3. APPROVALS a. Agenda b. Minutes of the June 8, 2021 City Council Meeting c. Claims Totaling $112,645.37 4. CONSENT a. May Financial Report b. Temporary On -Sale Liquor License for July Community Event 5. SPECIAL ORDER OF BUSINESS/RECOGNITIONS/PROCLAMATIONS 6. INFORMATIONAL PRESENTATIONS / REPORTS a. June 24 Community Event Highlighting Public Safety Partners b. City Council Updates 7. PUBLIC HEARINGS Public hearings are conducted so that the public affected by a proposal may have input into the decision. During hearings all affected residents will be given an opportunity to speak pursuant to the Robert's Rules of Order and the standing rules of order and business of the City Council. 8. DISCUSSION / ACTION ITEM a. Insurance Renewal Information and Tort Liability Waiver Form 9. ITEMS REMOVED FROM THE CONSENT AGENDA 10. ADDITIONAL ITEMS 11. SET AGENDA FOR NEXT MEETING a. Annual SWPPP Public Hearing b. Variance Applications c. American Rescue Plan (ARP) Guidance d. Amendment to Fire Code Ordinance Appointing New Fire Marshal e. NineNorth Contract Renewal 12. WORK SESSION a. Community Development Update b. Opportunity for the Public to Address the City Council Any member of the public may speak at this time on any item not on the agenda. In consideration for the public attending the meeting, this portion of the meeting will be limited to fifteen (15) minutes. Individuals are requested to limit their comments to four (4) minutes or less. If the majority of the Council determines that additional time on a specific issue is warranted, then discussion on that issue shall be continued at the end of the agenda. Before addressing the City Council, members of the public are asked to step up to the microphone, give their name, address, and state the subject to be discussed. All remarks shall be addressed to the Council as a whole and not to any member thereof. No person other than members of the Council and the person having the floor shall be permitted to enter any discussion without permission of the presiding officer. Your participation, as prescribed by the Robert's Rules of Order and the standing rules of order and business of the City Council, is welcomed and your cooperation is greatly appreciated. 13. ADJOURNMENT Meeting Login Instructions: You are invited to a Zoom webinar. When: Jun 22, 2021 07:00 PM Central Time (US and Canada) Topic: June 22, 2021 City Council Webinar Please click the link below to join the webinar: https://us02web.zoom.us/j/874015653 63?pwd=YmJrTEo5 Y2xzNzJoWG1KWXRHMT11 UTO9 Passcode: 129637 Or One tap mobile : US: +13017158592„87401565363# or +13126266799„87401565363# Or Telephone: Dial(for higher quality, dial a number based on your current location): US: +1 301 715 8592 or +1 312 626 6799 or +1 646 558 8656 or +1 253 215 8782 or +1 346 248 7799 or +1 669 900 9128 or 833 548 0282 (Toll Free) or 877 853 5247 (Toll Free) or 888 788 0099 (Toll Free) or 833 548 0276 (Toll Free) Webinar ID: 874 0156 5363 International numbers available: https://us02web.zoom.us/u/kezyjf3ELD LAUDERDALE, CITY COUNCIL METING MINUTIN;S HIi,LD REMOTELY VIA TFLF,CONFF,REI\Ch Page 1 of 3 June 8, 2021 Call to Order Mayor Gaasch called the Regular City Council meeting to order at 7:00 p.m. Roll Call Councilors present: Jeff Dains, Andi Moffatt, Roxanne Grove, and Mayor Mary Gaasch. Councilor absent: Duane Pulford Staff present: Heather Butkowski, City Administrator; Jim Bownik, Assistant to the City Administrator and Miles Cline, Deputy City Clerk. Approvals Mayor Gaasch asked if there were any additions to the meeting agenda. There being none, Councilor Dains moved and seconded by Councilor Grove to approve the agenda. Motion carried unanimously on a roll call vote. Mayor Gaasch asked if there were any corrections to the May 25, 2021 city council meeting minutes. Theie being none, Councilor Grove moved and seconded by Councilor Dains to approve the minutes of the May 25, 2021 city council meeting. Motion carried unanimously on a roll call vote. Mayor Gaasch asked if thele were any questions on the claims. There being none, Councilor Grove moved and seconded by Councilor Dains to approve the claims totaling $61,098.58. Motion carried unanimously on a roll call vote. Consent Councilor Grove moved and seconded by Councilor Dains to approve the Consent Agenda thereby approving the encroachment agreement for a fence at 1792 Lake Street and 1797 Fulham Street and Resolution No. 060821A — Authorizing Publication of Ordinance No. 21 04 by Title and Summary. Special Order of Business/Recognitions/Proclamations A. Recognize Miles Cline of Five -Year Work Anniversary Mayor Gaasch lead a proclamation thanking Cline for his five years of service to the City. Informational Presentations/Reports A. June 24 Community hvent Highlighting Public Safety Partners Bownik stated that the first summei event will take place on Thursday, June 24 at the Lauderdale Community Park from 6-8 p.m. The City invited our public safety community including the St. Anthony Police Depaitment, the St. Paul Fire Department, and the Ramsey County Sheriff's office which plans to bring the K-9 team, water rescue team, SWAT team, and 911 communications center. Additionally, there will be music, a food truck, and an adult beverage stand. LAUDhRDALF CITY COUNCIL Mh1 ',TING MINUTES HF;LD REMOTELY VIA ThLE,CONFI-i,REI\CE Page 2 of 3 June 8, 2021 B . City Council Updates Mayor Gaasch said she participated in a forum hosted by the League of Women Voters on environment, climate change, and sustainability, and what cities can do to help those causes. One of the things Gaasch shared at the meeting was in regards to invasive jumping worms and the ways to curb their spread. She also spoke about our partnership with Falcon Heights and the University of Minnesota to improve Seminary Pond Discussion/Action Item A. Parking Pad Waiver Request for 1848 Lake Street Cal Nauman, 1848 Lake Street, applied for a driveway permit and parking pad permit. The proposed parking pad exceeds the size permitted therefore he is requesting a waiver of the rules. The Nauman s lot area is 12,197 square feet. At 5% of lot area, the maximum parking pad size is 609.85 square feet. The proposed parking pad is 702.96 square feet 01 93.11 square feet (0.76%) over the 5% maximum allowed for that lot size. In their application, the Nauman's indicated the parking pad will address water issues along their garage. Mayor Gaasch opened up the floor to anyone in attendance interested in addressing the Council. Cal Nauman stated that water ingression caused by runoff from an old alleyway led them to install a retaining wall to help mitigate the issue. They want to pave the surface between the retaining wall and garage to eliminate water intrusion and provide additional parking space for visitors and snowfall events. Councilor Moffatt joined the meeting at 7:30 p.m. during the discussion. Councilor Dains made a motion to approve the parking pad waiver request for 1848 Lake Street. This was seconded by Councilor Moffatt and carried 3-1 on a roll call vote with Councilors Dains, Moffatt, and Mayor Gaasch voting in favor and Councilor Grove opposed. B . Resolution No. 060821B — Accepting the Bids for the 2021 Sanitary Sewer Lining Project The City Council authorized the City engineer to bid a santaiy sewer lining project for 2021. The low base bidder was Visu-Sewer at $191,940. This compares to the rejected April low bid of $320,179.80. The contractors bid a manhole repair as an alternate. Staff recommends contracting for this work as part of the project. Counciloi Grove made a motion to adopt Resolution No. 060821B A Resolution Accepting B ids for the 2021 Sanitary Sewei Lining Project. This was seconded by Councilor Dains and carried unanimously on a roll call vote. Set Agenda for Next Meeting The June 22 council meeting may include the May financial report, American Rescue Plan (ARP) guidance, an amendment to the fire code ordinance, NineNorth contract renewal, and the annual liability insurance ienewal and tort waiver questionnaire. LAUDERDALE CITY COUNCIL MEETING MINUTES HELD REMOTELY VIA TELECONFERENCE Page 3 of 3 June 8, 2021 Work Session A. Community Development Update Butkowski shared that staff received a note from Luther Seminary stating that they hired a firm to help sell their parcel of land in segments instead of all 14 acres at one time. She also mentioned that she met with Roseville's engineering staff and MnDOT in regards to closing access to Broadway Street from northbound Highway 280 in 2024. B. Opportunity for the Public to Address the City Council Mayor Gaasch opened up the floor to anyone in attendance interested in addressing the Council. There being no people interested in speaking, Mayor Gaasch closed the floor. Adjournment Councilor Moffatt moved and seconded by Councilor Dains to adjourn the meeting at 7:53 p.m. Motion carried unanimously on a roll call vote. Respectfully submitted, I A 4": Miles Cline Deputy City Clerk To: From: Meeting Date: Subject: CITY OF LAUDERDALE 1 AUDERDALE CITY HALL 1891 WALNUT STREET LAUDERDALE, MN 55113 651-792-7650 651-631-2066 FAx Request for Council Action Mayor and City Council City Administrator June 22, 2021 List of Claims The claims totaling $112,645.37 are provided for City Council review and approval that includes check numbers 27462 to 27505. Accounts Payable Checks by Date -Detail by Check Date User: Printed: MILES.CLINE 6/22/2021 8:39 AM Check No Vendor No Vendor Name Invoice No Description ACH 43 ACH 44 ACH 45 ACH 46 ACH 47 27462 337 062021 27463 335 062021 27464 184 4086435874 4087088477 Public Employees Retirement Association PR Batch 51200.06.2021 PERA Coordinated PR Batch 51200.06.2021 PERA Coordinated Check Date Reference 06/11/2021 PR Batch 51200.06.2021 PER PR Batch 51200.06.2021 PER Total for this ACH Check for Vendor 43: Minnesota Department of Revenue PR Batch 51200.06.2021 State Income Tax 06/11/2021 PR Batch 51200.06.2021 Stat Total for this ACH Check for Vendor 44: ICMA Retirement Corporation PR Batch 51200.06.2021 Deferred Conip PR Batch 51200.06.2021 Deferred Comp 06/11/2021 PR Batch 51200.06.2021 Def( PR Batch 51200.06.2021 Def( Total for this ACH Check for Vendor 45: Internal Revenue Service PR Batch 51200.06.2021 Federal Income Tax PR Batch 51200.06.2021 Medicare Employer Po PR Batch 51200.06.2021 FICA Employer Portio PR Batch 51200.06.2021 FICA Employee Portio PR Batch 51200.06.2021 Medicare Employee Pc 06/11/2021 PR Batch 51200.06.2021 Fed( PR Batch 51200.06.2021 Med PR Batch 51200.06.2021 FIC. PR Batch 51200.06.2021 FIC. PR Batch 51200.06.2021 Med Total for this ACH Check for Vendor 46: Public Employees Insurance Program PR Batch 51200.06.2021 Health Insurance PR Batch 51200.06.2021 Dental 06/11/2021 PR Batch 51200.06.2021 Hea PR Batch 51200.06.2021 Den Total for this ACH Check for Vendor 47: Total for 6/11/2021: Lucy Angelis 06/22/2021 Rental Inspection Reimbursement Total for Check Number 27462: Zachary Bell Rental Inspection Reimbursement Cintas June Uniforms June Uniforms 06/22/2021 Total for Check Number 27463: 06/22/2021 Total for Check Number 27464: Check Amount 1,225.46 1,062.07 2,287.53 712.25 712.25 1,227.66 1,795.31 3,022.97 1,655.82 261.56 1,118.43 1,118.43 261.56 4,415.80 2,429.66 120.48 2,550.14 12,988.69 40.00 40.00 45.00 45.00 12.07 12.07 24.14 AP Checks by Date - Detail by Check Date (6/22/2021 8:39 AM) Page 1 Check No Vendor No Invoice No Vendor Name Description Check Date Reference Check Amount 27465 29 4080 27466 192 124221178 27467 25 EMCOM-009313 EMCOM-009328 EMCOM-009345 PRRRV-001580 27468 249 062021 27469 164 3790647 27470 19 87102 87102 27471 250 062021 27472 242 062021 27473 9 164493 27474 293 062021 27475 340 062021 27476 252 062021 City of St Anthony June Police Services Comcast Holdings Corporation May Internet County of Ramsey May Fleet Support May 911 Dispatch Services May CAD Services Annual Voting Equipment Costs CVC Investments Rental Inspection Reimbursement Dalco Enterprises Inc Toilet Tissue Ehlers and Associates Inc 1795 Eustis Redevelopment 1795 Eustis Redevelopment Eric Ellingson Rental Inspection Reimbursement Richard Gauger Rental Inspection Reimbursement Genuine Parts Company Inc Truck Parts David Grant Rental Inspection Reimbursement Greenway Village Apartments Rental Inspection Reimbursement Xiaohong Guo Rental Inspection Reimbursement 06/22/2021 Total for Check Number 27465: 06/22/2021 Total for Check Number 27466: 06/22/2021 Total for Check Number 27467: 06/22/2021 Total for Check Number 27468: 06/22/2021 Total for Check Number 27469: 06/22/2021 Total for Check Number 27470: 06/22/2021 Total for Check Number 27471: 06/22/2021 Total for Check Number 27472: 06/22/2021 Total for Check Number 27473: 06/22/2021 Total for Check Number 27474: 06/22/2021 Total for Check Number 27475: 06/22/2021 64,434.83 64,434.83 413.00 413.00 6.24 880.50 120.61 1,166.87 2,174.22 80.00 80.00 156.94 156.94 442.50 295.00 737.50 40.00 40.00 160.00 160.00 7.99 7.99 40.00 40.00 200.00 200.00 40.00 AP Checks by Date - Detail by Check Date (6/22/2021 8:39 AM) Page 2 Check No Vendor No Invoice No Vendor Name Description Check Date Reference Check Amount Total for Check Number 27476: 40.00 27477 185 Lauderdale Certified Auto Repair Inc 06/22/2021 062021 May Fuel 184.44 062021 May Fuel 39.52 062021 May Fuel 39.52 27478 24 0001125454 Total for Check Number 27477: 263.48 Metropolitan Council 06/22/2021 07/21 Wastewater Treatment 12,566.47 Total for Check Number 27478: 12,566.47 27479 339 MGM Property Management LLC 06/22/2021 062021 Rental Inspection Reimbursement 200.00 Total for Check Number 27479: 200.00 27480 255 Jeremy Newhouse 06/22/2021 062021 Rental Inspection Reimbursement 40.00 Total for Check Number 27480: 40.00 27481 245 Scott O'Brien 06/22/2021 062021 Rental Inspection Reimbursement 40.00 Total for Check Number 27481: 40.00 27482 266 Elizabeth Parady 06/22/2021 062021 Rental Inspection Reimbursement 40.00 27483 5 619861-05-21 Total for Check Number 27482: 40.00 Premium Waters Inc 06/22/2021 May Water Bottles 24.99 Total for Check Number 27483: 24.99 27484 286 Joe Sax 06/22/2021 062021 May 2021 Mowing and Weed Whipping 400.00 Total for Check Number 27484: 400.00 27485 256 Kurtis Schaum 06/22/2021 062021 Rental Inspection Reimbursement 40.00 27486 135 0521572525 Total for Check Number 27485: 40.00 St Paul Pioneer Press 06/22/2021 Publish Notices 168.30 Total for Check Number 27486: 168.30 27487 336 Richard Swanson 06/22/2021 062021 Rental Inspection Reimbursement 40.00 27488 3 444397376 Total for Check Number 27487: 40.00 US National Equipment Finance Inc 06/22/2021 Copier Contract 176.00 AP Checks by Date - Detail by Check Date (6/22/2021 8:39 AM) Page 3 Check No Vendor No Invoice No Vendor Name Description Check Date Reference Check Amount 27489 90 9880936508 9880936508 9880936508 27490 7 8868687-0500-7 27491 74 734095046 734188147 734450623 734483169 734660551 734660551 734660551 734660551 734843071 734843071 734843071 27492 338 062021 27493 65 17558166 27494 233 64129 27495 233 65091 27496 233 65090 27497 184 4087748134 4087748134 27498 133 Verizon Wireless (Month) Cell Phone (Month) Cell Phone (Month) Cell Phone Waste Management Inc July Public Works Xcel Energy Larpenteur Bridge Lights 2430 Larpenteur Avenue W May Street Lighting Larpenteur Avenue 1917 Walnut Street 1885 Fulham Street 1885 Fulham Street 1917 Walnut Street 1795 Eustis Street 1891 Walnut Street 1891 Walnut Street ZPG Companies LLC Rental Inspection Reimbursement Allstream Inc. Fax Line B ond Trust Services Corporation 2021A Paying Agent Fee B ond Trust Services Corporation 2021A Interest Payment - Ref 339373 B ond Trust Services Corporation 2019A Interest Payment - Ref 333519 Cintas June Uniforms June Uniforms Miles Cline Total for Check Number 27488: 06/22/2021 Total for Check Number 27489: 06/22/2021 Total for Check Number 27490: 06/22/2021 Total for Check Number 27491: 06/22/2021 Total for Check Number 27492: 06/22/2021 Total for Check Number 27493: 06/22/2021 Total for Check Number 27494: 06/22/2021 Total for Check Number 27495: 06/22/2021 Total for Check Number 27496: 06/22/2021 Total for Check Number 27497: 06/22/2021 176.00 33.91 16.95 16.96 67.82 466.46 466.46 29.37 15.33 419.32 39.42 36.77 29.26 25.00 25.00 62.63 34.98 129.37 846.45 80.00 80.00 53.54 53.54 475.00 475.00 2,093.00 2,093.00 10,125.00 10,125.00 6.04 6.03 12.07 AP Checks by Date - Detail by Check Date (6/22/2021 8:39 AM) Page 4 Check No Vendor No Invoice No Vendor Name Description Check Date Reference Check Amount 062021 Mileage Reimbursement 40.84 Total for Check Number 27498: 40.84 27499 261 Keith Dyrud 06/22/2021 062021 Rental Inspection Reimbursement 120.00 27500 134 Katrina Joseph 00113 May Legal Services Total for Check Number 27499: 120.00 06/22/2021 925.00 Total for Check Number 27500: 925.00 27501 31 Kennedy & Graven Chartered 06/22/2021 161459 May Legal Advice 1,332.00 27502 23 INV 1834244 27503 10 0001144568 Total for Check Number 27501: 1,332.00 Metro Sales Inc 06/22/2021 Quarterly Copy Charges 128.64 Total for Check Number 27502: 128.64 On Site Sanitation Inc 06/22/2021 06/12/2021 - 07/09/2021 Park Portable Restroon 218.00 Total for Check Number 27503: 218.00 27504 259 Bonnie Troska 06/22/2021 062021 Rental Inspection Reimbursement 40.00 27505 341 062021 Gary Valley Rental Inspection Reimbursement Total for Check Number 27504: 40.00 06/22/2021 Total for Check Number 27505: Total for 6/22/2021: 40.00 40.00 99,656.68 Report Total (49 checks): 112,645.37 AP Checks by Date - Detail by Check Date (6/22/2021 8:39 AM) Page 5 LAUDERDALE COUNCIL ACTION FORM Action Requested Consent X Public Hearing Discussion Action Resolution Work Session Meeting Date June 22, 2021 ITEM NUMBER May Financial Report STAFF INITIAL 2" APPROVED BY ADMINISTRATOR DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: hvery month, staff provide the Council with an updated copy of the city's finances. Follow- ing are the revenue, expense and cash balance reports for May 2021. • OPTIONS: STAFF RECOMMENDATION: By approving the consent agenda, the Council acknowledges the city's financial report for May 2021. General Ledger Cash Balances User: heather.butkowski Printed: 6/11/2021 3:46:43 PM Period 05 - 05 Fiscal Year 2021 Description Account Beg Bal MTD Debit MTD Credit Current Balance Cash Change Fund Cash Cash Cash Cash Cash Cash Cash Cash Cash Cash Cash Current Assets Petty Cash Petty Cash 101-00000-000-10100 101-00000-000-10300 226-00000-000-10100 227-00000-000-10100 305-00000-000-10100 306-00000-000-10100 401-00000-000-10100 403-00000-000-10100 404-00000-000-10100 414-00000-000-10100 416-000004)00-10100 602-00000-000-10100 603-00000-000-10100 101-00000-000-10200 Investments - Fair Value 101-00000-000-10410 Adj Investments Grand Total -2,818,749.16 100.00 14,298.91 54,040.81 12,321.04 111,449.91 159,859.64 530,393.43 352,367.28 364,698.53 93,964.51 1,009,746.95 435,261.62 319,753.47 300.00 300.00 3,178,321.36 3,178,321.36 3,498,374.83 121,271.72 0.00 7.83 32.44 8.19 74.08 105.64 352.53 234.20 1,993.56 0.00 14,992.23 13,886.77 152,959.19 0.00 0.00 2,185.65 2,185.65 155,144.84 130,291.70 0.00 2,520.25 5,230.55 0.00 0.00 925.00 0.00 0.00 0.00 0.00 19,344.41 10,290.91 168,602.82 0.00 0.00 100,000.00 100,000.00 268,602.82 -2,827,769.14 100.00 11,786.49 48,842.70 12,329.23 111,523.99 159,040.28 530,745.96 352,601.48 366,692.09 93,964.51 1,005,394.77 438,857.48 304,109.84 300.00 300.00 3,080,507.01 3,080,507.01 3,384,916.85 GL - Cash Balances (06/11/2021 - 03:46 PM) Page 1 0 3 V)• o N • I • 0 1 t-1 id O V) N 00 >•.,C d 10 od L.: • G ' [O', C4 % ExpendCollect U ctct YTD Balance Current Period Description Account Number O remi O o\ O o\ O N O N 142 O oi d'O•-+IMON 0IO O O O O VD 00 0 p O O O O O p CS 03 CT CO Or; V O 1-1 I�NI^NC f O\.-iV)O\ VDN O\ N N N 00 142 O O O O d N O O O O o\ D p (V O V) 'D M O M V)M VD V M O O\ VS --i O V' O O O 4 V) O O O O' O N O co V3 N VD M (N O 0 0 0 0 O 0 0 0 0 O O o R 0 0 1-1 v) 00 O O le l N O 0 CN l Vi 0 O\ M N N co 42 cn N 0IO O CD O p O O Ct Cct • .0 Y ,Ey •� 00 00 O V' N 00 v7" rl Nl; VD VD O 00 N O O Qi M 00 rooi N 00000 VD 00 M O nl O or; \OO qD d M M 00 O\ N oD M O M M M O O,-1 tO d (` A • O ( M N VD O O CN 00 O N M N N O p VD VD VD O p CT 06 00 V O cN VD N coo N N 00 C-- 00 N M 4CD CD '�O o\O d O O V) •-+ O O t- J O • Cil M CO O O O O 0 O O O 0 V) C 4 0 O O O O 00 N 00 d 1) 0 bD U O O 00 \LD O rl O 00 1 VD ON 00 b N CN Ntr 00 en„ 7 1/40 en M N N M • N H H O O O M 00 O H -629,387.16 General Fund GL - Revenue vs Expense (06/11/2021 - 03:54 PM) 1) N ati bQ k -d W N MJ CaD ^^0ll Pallo3/Puadx3 % YTD Balance Current Period bL t Description Account Number 0 U t U b N CD CD O O 0MO O O Y` 0 N r~ C r -I co 00 00 Lo M 00 O O rowO 1 O\ V) O M p O O N p (NiO 00 O O\OO\ pl \D O N p d' Cc O CD C-444 <t M CN O \D p [�Od p • O 4 O r ri a) E N O N Li. a) •CS -+ 51+ a . a r Wp,ci0U M 'R CA 4 t N O O 00 00 00 Communications 1/40 N GL - Revenue vs Expense (06/11/2021 - 03:54 PM) Ook 00 O d 3 V'' x N 4D CA Q� CD O.O O 1- % Expend/Collect U 14 YTD Balance Current Period at rto 1.4 A Account Number CD • cinl Mn, AD n of CT T No O O C d' O M cri O et OT N O o0 O Vn Ni 0 , CT N it; D\ o O N O p CS cs: CT co cc `01- 00 00 0 N O VJ [ t M O CA CR CR CR •O N � N 0 IA1d M ‘ O tin cl CA N [t Cil O0 \ D 00 0 00 v \O 0 O H M Vl N O M M en O elCD O O N O QN) M CD CD CD CD 0 C O O O 0 OR J O O\ O N111 V1 00 m41 CA 01 0 DO ri N N O N N co ca O '-1 cn a) N to �/ai U W a) > 'd U_ ca N ti upT v4 -- CA ,E O L7 > at) 0> 0 m y N O " O •-, 4) tin v v 0 a, y. d >, N tN. 0. a R. U aI W H o4 W 04 Vi O U W al N M 0.3 bb Q+ GL - Revenue vs Expense (06/11/2021 - 03:54 PM) % Expend/Collect YTD Balance Current Period 4-44 06 C'1 h 0 OI O 0 -1,365,000.00 CN 77-071 OI O W O o0IO O 0 10 O M 0) 0 0 0 0 00 O 0 0 171- 0N V1 N CD CD 0 .b 0 0 • U 0 0 U N 40 W 0 0 0 0 to M 0 N ct M 0 Q 0 N N 00 MCr? 0 01 0 M ti O Os O 00 0 0 N 00 0 N 0 V) N N 1,352,023.25 GO TIF Revenue Bonds 2018A GL - Revenue vs Expense (06/11/2021 - 03:54 PM) a) cp i1 sal k (1) a) 0 e4 JJ O up 3 c,, o _ N O N1 N O $.4 ' O N c~3 VD .0 7 O 0 0 Cdb N C 'C'. CI) aww" % Expend/Collect YTD Balance Current Period o Go IO p Go vD N co O N O co 4 O O O O 0 Account Number 6) 0 O O O 0 O p cD O OO Lri O O N 116,205.32 O co O N O Lei t r -i ti C a W 2019A Improvement Bonds GL - Revenue vs Expense (06/11/2021 - 03:54 PM) 0 timt In 3(,; O • O N N-+ 0 {fi . d I cd VD O O 7i tnt L.; G •O� U cio _ fit 4-. % Expend/Collect YTD Balance Current Period o N. o C5 v--4 Cr) 0 0 p O OM O O O p O o O VI N 0 O 0, O O N UP ;; �q P4bA 1, N U cts L) E O eq O p tiqj_4:, 1...1 O CU Of)U N Y V) Ca) O 0 r1' N r CN V� 0 N o 0 o O c% 0 O O p O o O O vi M a) a) bA .ti 0 U rcl c3 r3:4 chU N N N r•a(1) C4 W000 CNIn N O M M 471: 41 00 O\ 7 O M rr-i O\ 00 O O O O V1 i0 M M M C', W General Capital Projects H 0 GL - Revenue vs Expense (06/11/2021 - 03:54 PM) 0 N O n1 cq J \ O N 'r d D m N T1 O O c3 )aaw % Expend/Collect YTD Balance Current Period O rt CD 0 OI O O_ N OCN V,p O 00 rc oo 00 Op CD CD 0 1 O O O O 0 O O co 0 00 00 00 emmlN 0 V) M 00 0 M M 1-4 00 00 00 0l O O p O N O O O O p Vi O d in CD cD h O O 0o O p ✓ ) O 't O O 0 O O p CD CD cD I O O O O O p r 00 O 7 00 M viztO t O O a) d v 1.4 00 N Street Capital Projects GL - Revenue vs Expense (06/11/2021 - 03:54 PM) \ % Expend/Collect \ / YTD Balance Current Period 5 / 2 § � 9 \ @| N G 3\3 3\a N N § N 9 4 r Oho § @55 @ § o\»}- t)0 % %s ' \ _ el f\ \ j \ / / N / 5 @| @ § c/3 } 663 § - \ « R 0 R \ �\ / 1 \ 1 @ 3 \| 5 5 @| \ A 346 - 333 c w Q § g _ 55@ a00 \ \ / § / Account Number 2 / @ @) @ @ a 333 e e \ \ \ 7 > N $ en ( a bg) 8 *\) 2 /,z so fa,`cam & 2 ) ) "® .1 C0)(j ; 0 0 _ U\r® ) m/-� j\\\\ \ r7/\ [ \ Park Capital Projects 7 oo / GL - Revenue vs Expense (06/11/2021 - 03:54 PM) % Expend/Collect .............__ C) 0 • cbq YTD Balance Current Period Description Account Number 0 o O 0 0 0l 0 0 0 0 0 0 00I o 0� 0 0 O 0 0 0 0 0 0I o of o 0 O 0 0 0 0 0 0 0I c 0 0 0 0 0 CP 0 0 0 0 0 0I o of o 0 O 0 0 0 0 0 W.) y N U ai U 0 a) 0 p cu E o N = U a V 4ti ,ti N F> Er 44.4 0 wccii 4-44 4/4 °>.c '�aa�56 a wow51° a to In 4 GL - Revenue vs Expense (06/11/2021 - 03:54 PM) % Expend/Collect YTD Balance Current Period k / \@ 2 J@ /3 / &\ _ \\ I< \0 70 7 \ / g to U1-1 ON 00 a ' Q \\1 $ \\) \ { / 6 9 O 6 9 . a t 001 2 00 as a as / @ \ « ¥ > z 01) la 0 u 0 `� 0 / y \ 0 ( d .- ) ©5 e 0 ( o r 0.4 _1_1 ) k% (.4 0 ƒ 0 0 Ca et® • �/ t /// \ ( / \ A 0 0¢ 000 0 A / @ a\/ 0 \§ / /\ 0 0 a/\ _ \/'0 U 0 in 0 _ _ Q w 4- y g \\/\ 0 \ \ 0 / GL - Revenue vs Expense (06/11/2021 - 03:54 PM) A \ t r bati too © 6o Q © \ % Expend/Collect YTD Balance Current Period Description 33 33 33 \ \� \ \ \E °J \ ® y t 0 'g 0 04 /)\\ ) (•2 / ¢�$6 \ \ \ \ \ \ / 00 33 a3 33 33 33 / / \ )ƒ ma• ct c\ 0 _cid f064 \/ \ @ s 0 0 \ \ @ @ e e @ @ C; e Housing Redevelopment \ GL - Revenue vs Expense (06/11/2021 - 03:54 PM) % Expend/Collect YTD Balance Current Period d PCS bS 0 O 0. U cu Account Number O O O O O p OOOCZ) CD I I O OOOO O O O O O O O O O O OOOI O OOOI O O O O O O O O O O O O O O O O O O I 0 O O O p O 0 0 0 O OOOI O OOOI O O O O p O O O O O O U u) b1) • U ,4- N coU rawl O � ) z x bA U U c3 ti .--i-i cu D K (4i 04 , Q, .4 GL �F�4E� 0 4 WOUO W v TIF District No. 1-2 1-4 GL - Revenue vs Expense (06/11/2021 - 0154 PM) 00 O cia In 3 M _ 44m. N D O N 42' C4N r O N c 4.0 tit ai 4 aaw % Expend/Collect a) 0 0 YTD Balance Current Period Account Number O 141 O O N COO O \0 00 O cn O d 00 O CN Or) O N 00 N O N M 00 .--4 CD CD O vl 00 O CO 0 O O O 0O O O o O I O O O o O1OOo O I 1/46 u) N c r.. up o 7 N U N c c. Ri a8io 0 74 .- ami > P4(1) GA 6J 0 a) N 63) E U% a • U cotE o o c ;Cat° A�w . CLa yA.�•E N 00 N M W1 CA ti 00 VD N N N O V) 1-10 V6 M - CN v o O 000 d • NCN O O ▪ N VD M Ooco co n d M 00 M wd" CD 01 • O O ori CS N O O O O N O C co ‘o O O I VD Cl O O � 'oa N W1 00 00 Q\O1OO CDI VD 00 OO O kcci inv)"O O 00 M O 0 0 0 0 O 0 0 0 oocio O O N O LC) 00v10 h O O • 00 v) 0 N bA 0 ca 0 � Q) i • U ai o_ �� 4 k'� aLr vE wwCC000 N M • N N 00 00 N 00 N N 4 N 00 b Cr \e, M N ti H ' to • oo 417r En 7 a7 ti 0 N 00 00 0 a) W -106,857.00 Sanitary Sewer 0 VD 1/40 GL - Revenue vs Expense (06/11/2021 - 03:54 PM) % Expend/Collect YTD Balance Current Period Description Account Number O In 00 0 O O\ V) O 0 0 000CI O d O O V) Cr) O t Cr; 00, - N Vi M V7 O o O O O 1/46 N M V7 ~ O oo• cri� • O\ VD m 000 O o0 0 M O M V) OK O O O O I O 0 0 U • - N g O P4 oh N N ti p 'Fj- g cd 0 0 E 0 Ha -18 C ~000 •-•P a.) c4 9 U o lI) M O un Qn O V) 00 Cr) M ONO 1-1 CO 1-1 00 00 r-1 0 a\ 00 0 0 N 00 N O 0 .-icoNO O d- C•1 NNO 0 M M l� O 0 cO O p VD O cn CT 00 O O • .ti 00 00 00 M O (D VO Vr N O 0 M O O O N O\ N M N C'1 O Vl O 0 Oh Go N O 0 1-4 00 v) - O O\ N t O O O O O O O O O O cno0o 0 O VD N 00 0 b0 ti U cdU . a • cn 100 N O 0_ fal t-2� ri � rwi • • O VO M ON O N [� limmq • emswi CN 1-14 7 N 1- 1' rl rtcN 00 CO ON M M O M 1-1 0 CO re) tn NO 00 CO NO 11-4 t` M a WP,a4000 W Storm Water GL - Revenue vs Expense (06/11/2021 - 03:54 PM) 0 a) saq b) 'd W Q) '(1) a, `) _ N a) o 3 c; 0 4-,o 12, o VI VD 1r) ebb baa Fiscal Year 2021 % Expend/Collect YTD Balance Current Period G7 cra U 0 U d cn CA 000) O O O O cp p O O O O O O O O o O 0 O O 0 O O O O O O O O O 0000 0l o 0 O 0 0 0 0 0 0 o o o 0 0 O O O O p O 0 0 0 0 0 0 0 0 p l 00000 O 0 0 0 O O O O p 0 0 0 0 p O 000 O O O O p O O O O p O 0 0 0 0 0.0 U b N O 7-1 va U T O v _ N U 11 c0 U O U 0 O Y XG7 N y .. ) .. 0 0 0)n OU Ca 0 0 O O O O 0 c0 Pd Cad 0 W 6� 0 a GL - Revenue vs Expense (06/11/2021 - 03:54 PM) % Expend/Collect YTD Balance Current Period O\N M to M in M N h CI CI, \D M \0 M It O V' 60 i N r hE n 00 M M O: QN N In O1 M \O N M QM M in emem1 171 44 O O O O O O bk ICS 01 Iti: 0 � VI a O\ 00 00 M d'N N 00 NN' .-i Description Account Number Revenue Total GL - Revenue vs Expense (06/11/2021 - 03:54 PM) LAUDERDALE COUNCIL ACTION FORM Action Requested Consent X Public Hearing Discussion Action Resolution Work Session Meeting Date June 22, 2021 ITEM NUMBER Liquor License for 7/29 Community Event STAFF INITIAL Jim APPROVED BY ADMINISTRATOR DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: In 2018, the Day in the Park planning committee supported having adult beverages and the applicable ordinances were updated to allow temporary on -sale liquor licenses for city events. Bent Brewstillery in Roseville has again agreed to sell and serve adult beverages at Lauderdale community events. They plan to provide beer, wine and mixed drinks. Attached is the application required by the State. Once approved by the City Council, staff will submit it to the State for approval. OPTIONS: Approve by adopting the consent agenda or remove for discussion. STAFF RECOMMENDATION: By approving the consent agenda, the City Council is approving a temporary on -sale liquor license for Bent Brewstillery to sell and serve adult beverages at Lauderdale's community event on July 29, 2021. MINNESOTA DEPARTMENT OF PUBLIC SAFETY Alcohol & Gambling Enforcement Name of organization Minnesota Department of Public Safety Alcohol and Gambling Enforcement Division 445 Minnesota Street, Suite 1600, St. Paul, MN 55101 651-201-7507 Fax 651-297-5259 TTY 651-282-6555 APPLICATION AND PERMIT FOR A 1 DAY TO 4 DAY TEMPORARY ON -SALE LIQUOR LICENSE Bent Brewstillery Address 1744 Terrace Dr Name of person making application City Date organized June 11, 2011 Roseville Bartley Blume Date(s) of event 7/29/2021 Organization officer's name Bartley Blume Organization officer's name Organization officer's name State Tax exempt number 45-2650832 MN Business phone 651-233-3843 Type of organization X Club City Charitable Roseville City City Location where permit will be used. If an outdoor area, describe. Lauderdale Community Park, 1885 Fulham St, Lauderdale, MN 55113 Zip Code 55113 Home phone Microdistillery Religious State Small Brewer Other non-profit Zip Code MN State MN State MN 55113 Zip Code Zip Code If the applicant will contract for intoxicating liquor service give the name and address of the liquor license providing the service. If the applicant will carry liquor liability insurance please provide the carrier's name and amount of coverage. West Bend Insurance Company Aggregate Limit: $2,000,000, Each Common: $1,000,000 APPROVAL APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITTING TO ALCOHOL AND GAMBLING ENFORCEMENT City of Lauderdale 6/22/2021 City or County approving the license Date Approved $0 7/29/2021 Fee Amount Permit Date N/A jim.bownik@lauderdalemn.orq Date Fee Paid City or County E-mail Address 651-792-7650 City or County Phone Number Signature City Clerk or County Official Please Print Name of City Clerk or County Official CLERKS NOTICE: Submit this form to Alcohol and Gambling Enforcement Division 30 days prior to event. ONE SUBMISSION PER EMAIL, APPLICATION ONLY. PLEASE PROVIDE A VALID E-MAIL ADDRESS FOR THE CITY/COUNTY AS ALL TEMPORARY PERMIT APPROVALS WILL BE SENT BACK VIA EMAIL. E-MAIL THE APPLICATION SIGNED BY CITY/COUNTY TO AGE.TEMPORARYAPPLICATIONSTATE.MN.US LAUDERDALE COUNCIL ACTION FORM Action Requested Consent Public Hearing Discussion X Action X Resolution Work Session Meeting Date June 22, 2021 ITNM NUMBER Insurance Renewal Info STAFF INITIAL APPROVED BY ADMINISTRATOR DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: The City's workers compensation, property, liability, sewer backup, and auto insurance poli- cies runs from August to August. Staff work with our insurance agent annually to prepare the materials for the renewal This generally includes updating data on improvements and staffing costs LMCIT hires appraisers to give values for the more expensive structures like city halls. Staff asked for information we could share with the Council and LMCIT staff provided the following document explaining how the Insurance Trust came to be. They also said LMCIT's director would be happy to present at a future meeting if invited. A media report recently brought to light questions about LMCIT's liability coverage regard- ing police departments. There is a memo that explains this at: https://www.lmc.org/wp- content/uploads/documents/Police-Department-Management-and-Liability-Issues.pdf. As a city covered by a police contract, the liability does not fall to us but to St Anthony. Of importance to the City are the liability limits. Included in the packet are the relevant pag- es on the topic taken from a laigei document on municipal liability coverage available at https://www.lmc org/wp-content/uploads/documents/LMCIT-Liability-Coverage-Guide.pdf. Annually, the City Council must determine whether or not to waive the municipal tort liabil- ity limits established by statute. The City has not waived them in the past as it opens the City to greater financial liability. Staff recommends maintaining that practice via the fol- lowing motion. OPTIONS: STAFF RECOMMENDATION: The Council authorizes staff to remit the Liability Coverage Waiver From to LMCIT as piesented indicating the City does not waive the monetary limits on municipal tort liability established by MS 466.04. LMC LEAGUE of MINNESOTA CITIES League of Minnesota Cities i nsurance Trust Board of Trustees D . Love, Chair Mayor City of Centerville Jake Benson Councilmember City of Proctor D ave Callister City Manager City of Plymouth Clinton Gridley City Administrator City of Woodbury Anna Gruber City Administrator City of Sa rteI I D avid Unmacht Executive Director League of Minnesota Cities Alison Zelms City Administrator City of Rochester Why we exist The League of Minnesota Cities was created in 1913 by an act of the Legislature. Until 1974, it was a part of the University of Minnesota's Extension Division. The League then became an independent organization. It provides a variety of services to its 836 member cities, including advocacy, research, and educational programs and materials. While the League of Minnesota Cities Insurance Trust is related to the League, it operates as an independent organization, with its own governance and administration. In the 1970s and 1980s, cities and other local governments across the country (counties and school boards, for example) faced significant difficulty in finding insurance in the private market. In some cases, it was completely unavailable. In others it was prohibitively expensive or provided very limited coverage. This led to the creation of governmental self-insurance pools in many states, and it's estimated there are currently more than 500 of these pools in the United States. Minnesota's pool arose from 1980 legislation that gave local government entities the authority to create self- insurance pools. The Insurance Trust is one example. We are owned by our members and overseen by a Board of Trustees consisting of appointed and elected city officials, as well as the Executive Director of the League of Minnesota Cities. We are governed by most of the same laws that apply to our member cities, including the Open Meeting Law, the Minnesota Government Data Practices Act, and the state laws regulating investment of public funds, among others. In addition, we undergo annual audits. We provide property, liability, auto, and workers' compensation to our member cities and other local government entities, such as housing and redevelopment authorities, joint powers organizations, watershed districts, and others. While most Minnesota cities belong to our programs, membership is voluntary and a handful instead buy insurance in the private market or self -insure, including Minneapolis, St. Paul, and Duluth. Although there have been times since our creation where private insurance has been more widely available to cities, pools like ours have consistently retained membership throughout these cycles for a number of reasons. First, we focus on maintaining Tong -term premium rate stability, which is important for governmental budgeting. Second, we provide coverage specifically designed to meet the unique needs of local governments and the residents they serve. Third, our member -owned structure has allowed the Trust to return $338 million in dividends to our members since our inception. Finally, to promote safety and minimize costly claims, we offer a broad range of loss control services covering areas such as cyber consulting, mental health first aid, land use regulation, occupational and safety health standards, and much more. The Trust is a self-insured membership cooperative. It was created by Minnesota cities for Minnesota cities, and exists solely to serve its members. The Trust's fundamental purpose is to cover city risks and to mitigate hazards, not show a profit for stakeholders. 4 OValues Provide superior coverage. Help members control losses. Provide the best value and lowest Tong -term cost and avoid shock increases as much as possible. Respond to me bers' needs alw�rs. Be faiand equitable i n'- r o costs are spread, and how services and benefits are provided. Provide stability by continuing to always pay covered claims. Maintain knowledge and expertise regarding member risks. Maintain members' trust. Provide leadership on risk issues. Innovate and experiment. $ 35,000,000 530,000,000 $ 25,000,000 $ 20,000,000 $15,000,000 510,000,000 $ 5,000,000 $0 Claims Handling Our member coverage agreement provides for the handling of covered claims and litigation by the Trust, much as insurance policies do for those organizations and individuals who rely on private Insurance companies. We employ experienced staff with expertise in the various types of claims commonly seen by cities, fully investigate each claim, and ultimately make claim decisions based on our findings. Throughout the process, the Trust works closely with our members. Our goal is to reach a mutual understanding on how an individual matter will be resolved, recognizing some claims present our members with both financial and policy implications. Average Annual Claim Costs 2016-2020 at 12/31/20 Auto Liability Auto Phy. Dam. Liability Property Work Comp Premiums Premiums for property coverage are largely based on the estimated replacement cost of member property. The Trust's rating system for calculating liability premiums is designed to allocate costs based on the sources of claims. It's based on five considerations that measure the most common types of claims: number of households (zoning and land use claims); number of sewer connections (sewer backup claims); number of city employees (employment claims); number of police officers (police liability claims); and overall city expenditures (all other risks). Workers' compensation premiums are generally based on the number and job classifications of the member's employees. The liability and workers' compensation premiums are also affected by the member's individual experience. This helps further align premiums and claims. Average Annual Liability Claim Costs 2016-2020 at 12/31/20 $3,500,000 $3,000,000 52,500,000 $2,000,000 $1,500,000 51,000,000 $500,000 -11111 $0 aky JC . bzt c<22 93- �� 0'��� Pa O vc �oJ 1 LEAGUE of MINNESOTA CITIES LMCIT No -Fault Sewer Back-up and Water Main Break Coverage Re: City of Lauderdale Renewal Period: 8/1/2021-22 According to the Underwriting Criteria for LMCIT's Optional No -Fault Sewer Back -Up Coverage, the City needs to qualify for this coverage each year. I have reviewed the City's expiring covenant along with sewer back-up claim information, if any, and I am pleased to advise that the City of Lauderdale continues to meet the Underwriting Criteria necessary to qualify for No -Fault Sewer Back -Up Coverage. Please note, the No -Fault Sewer Back -Up questions are no longer part of our online renewal application. Coverage will continue as per expiring. LMCIT is here to help. If we can be of any further assistance regarding the maintenance of the City's Sewer Program, feel free to contact me directly at 651-215-4049 145 University Avenue West PH: (651) 281-1200 FX: (651) 281-1299 St, Paul, Minnesota 55103 TF: (800) 925-1122 www.lmc.org RELEVANT LINKS: See Section IILK, Liquor liability. See Section III.T, Special events. See Section III.T, Special events. See Section III.T, Special events. Minn. Stat. § 466.04. See Section II.D.3.a, Statutory limits may not apply. See Section II.D.3, Purchasing higher liability limits. 3. Risks for which specialty coverage is needed • Aircrafts (a drone is not considered an "aircraft" if it's not designed for the transport of persons or property). • Architects. • Big boats. • Doctors, most nurses, dentists, pharmacists, and psychologists. • Liquor sales. • Motorized amusement rides, such as carnival rides. • Motor vehicle demolition derbies, racing, pulling contests, or stunt driving. • Prisons. • Railroads. • Rodeos. • Specialty type operations such as hospitals, clinics, nursing homes and licensed child care programs. • Stunting activities or events that involve a significant risk of serious injury to the participant, performer, or others, such as high -wire acts, base or bungee jumping, skydiving, circus type acts, and acts involving dangerous animals. D. Coverage limits The Trust gives members options for structuring their liability coverage. Members can also choose either to waive or not to waive the monetary tort caps the statutes provide. It can also select from among several liability coverage limits. 1. LMCIT primary liability limits The statutory municipal tort liability is limited to a maximum of $500,000 per claimant and $1.5 million per occurrence. These limits apply whether the claim is against the member, against an individual officer or employee, or against both. The Trust's liability coverage provides a standard limit of $2 million per occurrence because there are some types of liability claims that aren't subject to the statutory tort caps and it's common to see contracts require more than the statutory limit. A more common figure is $2 million. The Trust's higher limit meets this requirement, but if even higher limits are required, there is the option to carry the Trust's excess liability coverage or in some cases the Trust can issue an endorsement to increase the member's coverage limit only for claims relating to a particular contract. In addition to the coverage limit of $2 million per occurrence, there are annual aggregate limits, or limits on the total amount of coverage for the year regardless of the number of claims. League of Minnesota Cities Information Memo: LMCIT Liability Coverage Guide 11/15/2020 Page 4 RELEVANT LINKS: See Section III.B, Data security breach and computer-related risks. See Section III.J, Land use and special risk litigation. See Section III.D, Employees' activities in outside organizations. Minn. Stat. § 466.04. See Sunnnury of LA1CIT Liability Coverage Options and the effects of choosing the various coverage structure options. A $3 million annual aggregate applies for the following: • Products. • Failure to supply utilities (water, electricity, gas, steam service, and phone and internet or other electronic data transmission services). • Data security breaches (a $250,000 sublirnit, which is part of and not in addition to the $3 million aggregate, applies for Payment Card Industry fines, penalties, and assessments; and data security breach regulatory fines and penalties resulting from a data security breach claim). • Electromagnetic fields. • Limited contamination (sudden and accidental release of pollutants; herbicide and pesticide applications; sewer ruptures, overflows, and backups; lead and asbestos claims; mold claims; hostile fire claims; and excavation and dredging claims, which are also subject to an annual $250,000 sublirnit). • Sexual abuse and molestation claims. Other annual aggregate limits apply for the following: • $1 million annual aggregate for land use and special risk litigation. This coverage is provided on a sliding scale percentage basis. • $100,000 annual aggregate for employees' activities in outside organizations. • $250,000 annual aggregate for organic pathogen claims (this limit applies whether claims are made under municipal liability, auto liability, or both). 2. Statutory liability limits The statutory municipal tort cap is limited to a maximum of $500,000 per claimant and $1.5 million per occurrence. These limits apply whether the claim is against the member, against the individual officer or employee, or against both. The Trust's liability coverage provides a standard limit of $2 million per occurrence. At the member's coverage renewal each year, it must decide whether to waive or not waive the statutory limits. There is no right or wrong answer, and it's a discretionary decision each governing body must make. a. Waiving the statutory limit Members who waive the statutory limits are waiving the protection of the statutory limits, up to the amount of coverage the member has. A claimant could recover up to the Trust's standard limit of $2 million, rather than the statutory limit of $500,000 per claimant. Because the waiver increases the exposure, the premium is higher for coverage under the waiver option. League of Minnesota Cities Information Memo: LMCIT Liability Coverage Guide 11/15/2020 Page 5 RELEVANT LINKS: See Section II.D.3, Purchasing higher• liability ll rrl its. See Section II.D.3.a, Statutory limits nay not apply. Minn. Stat. § 3.736. 42 U.S. Code § 1983. A member- may choose to pay more in premium for the waiver option because the statutory liability lirnit only applies in cases where the member is in fact liable and the injured party's actual proven damages are greater than the statutory limit. Some cities may want more assets available to compensate their citizens for injuries caused by the member's negligence. In those cases where the member waives the statutory limit, but also purchases the Trust's excess liability coverage, a claimant could potentially recover more. If, for example, the member has $1 million of excess coverage and chooses to waive the statutory tort caps, the claimant or claimants could recover up to $3 million in damages in a single occurrence. The cost of the excess liability coverage is higher if the member waives the statutory tort caps. The cost difference is proportionally greater than the cost difference at the primary level because for a member that carries excess coverage, waiving the statutory tort caps increases both the per claimant exposure and the per occurrence exposure. b. Not waiving the statutory limit For members who choose not to waive the statutory limits, the member's liability is limited by the statute to no more than $500,000 per claimant and $1.5 million per occurrence. The Trust's higher coverage limits would only apply to those types of claims that aren't covered by the statutory lirnit. 3. Purchasing higher liability limits The Trust makes available the option of carrying higher coverage limits than the basic limit of $2 million per occurrence. The Trust's excess liability coverage is available in $1 million increments up to a maximum of $5 million. There are several reasons why cities may consider carrying the excess liability coverage. a. Statutory limits may not apply The statutory tort caps do not or may not apply for the following types of claims: • Claims under federal civil rights laws, including Section 1983, the Americans with Disabilities Act. • Claims for tort liability the member has assumed by contract, which occurs when a member agrees in contract to defend and indemnify a private party. • Claims for actions in another state, which may occur in border cities that have mutual aid agreements with adjoining states or when a member official attends a national conference. League of Minnesota Cities Information Memo: LMCIT Liability Coverage Guide 11/15/2020 Page 6 RELEVANT LINKS: 42 U.S. Code § 1983. See Section ILD, Coverage 11111115. • Claims based on liquor sales, which mostly affects cities with municipal liquor stores, but it could also relate to beer sales at a fire relief association fundraiser, for example. • Claims based on a "taking" theory, which are suits challenging land use regulations frequently include an "inverse condemnation" claim, alleging the regulation amounts to a "taking" of the property. b. Annual limits apply for specific risks Besides the Trust's overall coverage limit of $2 million per occurrence, there are annual aggregate limits for certain risks. If the member- has a loss or claim in one of these areas, there might not be enough limits retraining to cover the member's full exposure if there is another similar loss during the year. There are, however, a couple important restrictions on how the excess coverage applies to risks that are subject to aggregate limits. The excess coverage does not apply to the following: • Failure to supply utilities. • Mold. • Lead and asbestos. • Excavation and dredging. • Sudden and accidental release of pollutants below ground or within or on the surface of any body of water. • Auto no-fault claims. • Uninsured/underinsured motorist claims. • Workers' compensation, disability, or unemployment claims. • Claims under medical payments coverage. • Claims arising from the activities of outside organizations. • No-fault sewer backup. • Liquor liability, unless the member has specifically requested it. c. Contracts may require higher coverage limits A contract might include a requirement the member carry more than $2 million per occurrence in coverage limits. Carrying excess coverage is a way to meet these requirements. Members can also request an endorsement to increase the member's coverage limit only for claims relating to that contract. d. Multiple political subdivisions There may be more than one political subdivision covered under the member's coverage, like an HRA, EDA, or port authority; or the member has agreed by contract to defend and indemnify or name another entity as a covered party. League of Minnesota Cities Information Memo: LMCIT Liability Coverage Guide 11/15/2020 Page 7 RELEVANT LINKS: See Section 1II.I, Joint powers entities and Section III.Q, Separate city boards and comnussions. See Section I1.D.3, Purchasing higher liability limits. In this case, a claimant may be able to recover amounts from both the member and the other entity Kxcess coverage is one way to provide enough coverage limits. Another solution is for the HRA, EDA, or port authority to carry separate liability coverage in its own name. III. Coverage details on specific liability exposures The Trust's liability coverage is broad, but there are some situations where the member needs to take additional action or be aware of special coverage terms. A. Airports The Trust can provide airport liability coverage to members of the property/casualty program. Coverage is available for airports that are operated by a city, by anoint powers entity that includes at least one city, or by a special purpose district. Coverage is available for most municipal airports. Largei airports that have scheduled service are not eligible. 1. Coverage limits The airport liability coverage is very broad and carries a per occurrence limit of $2 million and an annual aggregate limit of $3 million. It is subject to the same deductibles that apply to a member's municipal liability coverage. Higher limits can be provided through the Trust's optional excess liability coverage, although it is not available as an option for airport risks only 2 Coverage terms Cities or joint powers entities that choose the Trust's airport coverage option are provided coverage under the city's existing Trust liability coverage document. It is provided under an endorsement that modifies the airport exclusion in the basic municipal liability coverage document. Since the airport liability exposure is wrapped under the basic Tiust liability coverage document, the coverage for liability related to airport operations is extremely broad. It is specifically designed to address several important airport exposures, including: • Damage to an aircraft that s in the city's care, custody, and control; or what is commonly referred to as hangar keeper's liability. • Products liability coverage for city fiieling operations. • Claims relating to things like noise and vibration. • Hxposures related to errors and omissions such as employment liability and liability for damages other than bodily injury, personal injury or property damage League of Minnesota Cities Information Memo: 11/15/2020 LMCIT Liability Coverage Guide Page 8 LoJ LMC LEAGUEMINNESOTA CITIES LIABILITY COVERAGE - WAIVER FORM Members who obtain liability coverage through the League of Minnesota Cities Insurance Trust (LMCIT) must complete and return this form to LMCIT before the member's effective date of coverage. Return completed form to your underwriter or email to pstech(a,lmc.org. The decision to waive or not waive the statutory tort limits must be made annually by the member's governing body, in consultation with its attorney if necessary. Members who obtain liability coverage from LMCIT must decide whether to waive the statutory tort liability limits to the extent of the coverage purchased. The decision has the following effects: • If the member does not waive the statutoi y tort limits, an individual claimant could recover no more than $500,000 on any claim to which the statutory tort limits apply. The total all claimants could 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 the member purchases the optional LMCIT excess liability coverage. • If the member waives the statutoiy tort limits and does not purchase excess liability coverage, a single claimant could recover up to $2,000,000 for a single occurrence (under the waive option, the tort cap liability limits are only waived to the extent of the member's liability coverage limits, and the LMCIT per occurrence limit is $2,000,000). The total all claimants could recover for a single occurrence to which the statutory tort limits apply would also be limited to $2,000,000, regardless of the number of claimants. • If the member 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 all claimants could 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. LEAGUE OF MINNESOTA CITIES 145 University Avenue West PH: (651) 281-1200 FX: (651) 281-1298 INSURANCE TRUST St. Paul, Minnesota 55103 TF: (800) 925-1122 www.Imc.org LMCIT Member Name: Check one: The member DOES NOT WAIVE the monetary limits on municipal tort liability established by Minn. Stat. § 466.04. The member WAIVES the monetary limits on municipal tort liability established by Minn. Stat. 466.04, to the extent of the limits of the liability coverage obtained from LMCIT. Date of member's governing body meeting: Signature: Position: 2