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HomeMy WebLinkAbout05/05/1983CITY OF APPLE VALLEY Dakota County, Minnesota May 5, 1983 Minutes of the special meeting of the City Council of Apple Valley, Dakota County, Minnesota, held May 5, 1983, at 7:30 o'clock p.m. at the City Hall pursuant to due call and notice thereof. PRESENT: Mayor Overgard; Councilmembers Branning (attended at 7:37 p.m.), Holton, Humphrey (attended at 7:37 p.m.) and Savanick; Clerk Asleson. ABSENT: None Mayor Overgard called the meeting to order at 7:30 p.m. Mr. Asleson distributed a detailed list of improvement projects, dated May 2, 1983, to be financed by bond issue proceeds and the Council reviewed the information. Steve Mattson, of Juran & Moody, was present and distributed information related to the pro- posed $2,325,000 G.O. Improvement Bonds including a maturity schedule. MOTION: of Savanick seconded by Holton, adopting Resolution No. 1983-66 authorizing the sale and advertisement for bids for $2,325,000 General Obligation Improvement Bonds of 1983, such bids to be re- ceived at 8:00 p.m. on May 24, 1983. Ayes - 3 - Nays - 0. RES. 1983-66 SET $2,325,000 BOND SALE (Councilmembers Branning and Humphrey attended at this time.) Steve Mattson distributed a list of equipment to be financed and a maturity schedule related to the proposed $215,000 G.O. Equipment Certificates. Mayor Overgard asked how this amount related to the two mill limit the Council at set? George Ballenger said next year, depending on the City's valuation, it may be slightly more or less than two mills and the following years will be under two mills. MOTION: of Holton, seconded by Savanick, adopting Resolution No. 1983-67 authorizing the sale and advertisement for bids for $215,000 Gen- eral Obligation Equipment Certificates of 1983, such bids to be received at 8:00 p.m. on May 24, 1983. Ayes - 5 - Nays - 0. RES. 1983-67 SET $215,000 EQUIP. CERT. SALE OFF DUTY POLICE WORK Police Chief Rivers advised the Council that he has become aware of the City's potential liability for Police Officers working off duty. If Police Officers work off duty in uniform, as has been done in the past, the City is probably subject to workers compensation claims and civil liability even though they are being paid directly by another employer. Mr. Asleson said the problem is the City could assign this private duty and charge the organization or business requesting it, but the hourly rate charged would be extremely expensive. The rate would be overtime pay and would have to include all fringe benefits plus overhead. The services performed by the Officers, such as traffic control and work- ing at school dances, can be provided cheaper if the City is not involved, but the City is still at risk. Mayor Overgard asked what costs are involved to the City by allowing the Officers to con- tract their services privately? Jim Morrisey, the City's insurance agent, was present and said the cost would depend on the the individual claim submitted under workers' com- pensation and might even go back to the business employing the Officer. Jim Sheldon said no matter what provisions are made if there is a problem, the City will be included in a lawsuit. However, this work does provide a general benefit to the City by being able CITY OF APPLE VALLEY Dakota County, Minnesota May 5, 1983 Page 2 to control certain situations even though at some point the City may have to pay a higher insurance premium. It would not be necessary for the Council to adopt a written resolution, but if the Council is informed of the risk and acknowledges it and does not object to it, the risk is accepted. Councilmember Humphrey said he would feel more comfortable having a certificate of in- surance from the business on file showing that it has workers' compensation coverage and a reporting of the Officer's wages and hours worked. The purpose of reporting the wages and hours worked would be to include them as part of the City's workers' comp audit. Mr. Sheldon said that would be acceptable, but if the Officers are treated as independent contractors by the business, they probably would not be covered by its workers' comp. The Council agreed the off duty work could continue, under the procedures established by the Police Chief, subject to receiving certificates of insurance from commercial businesses and the Officers reporting the wages and hours worked to the Police Chief. MOTION: of Savanick, seconded by Holton, changing the starting time of COUNCIL MEETING all Council meetings to 8:00 p.m., effective May 12, 1983. TIMES Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Savanick, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 8:12 o'clock p.m.