City Council Proceedings

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Hilary Kennedy
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1 City Council Proceedings City of New Prague Monday, October 18, 2004 Mayor Sindelar called the meeting to order with the following members present: Sindelar, Wilcox, Kratochvil, Babione. Absent: Jirik Representatives of the Church of Jesus Christ of the Latter Day Saints were present to request permission to utilize the City Hall meeting room for Sunday Worship Services. The representatives were advised to work with staff to formulate a use agreement. Ms. Patty Solheid, Administrative Services Coordinator, presented the August 2004 Financial Statement. Bob Alsop, City Attorney, reviewed status of 299A.465 claim and reviewed a potential settlement agreement which deferred the ultimate decision to a later date. Mr. Roger Stagerberg, representing Dennis Rohloff, reviewed the 299A.465 claim and the basis for the proposed temporary settlement agreement. Council Member Wilcox offered the following resolution and moved for its adoption: RESOLUTION # RESOLUTION DENYING PAYMENT OF BENEFITS TO DENNIS ROHLOFF PURSUANT TO MINNESOTA STATUTE SECTION 299A.465, SUBD. 1 RECITALS WHEREAS, Dennis Rohloff ( Claimant ) was hired by the City of New Prague ( the City ) on March 1, 1975, as a patrol officer; WHEREAS, Claimant was promoted to Chief of the Police Department on July 1, 1978, a position that he held until his retirement on January 8, 2004; WHEREAS, Claimant was also employed from time to time at the Minneapolis International Airport after September 11, 2001; 1

2 City Council Proceedings City of New Prague Monday, October 18, 2004 WHEREAS, Claimant retired from his position with the City in January of 2004, because he was medically unable to perform the essential functions of his job; WHEREAS, Claimant applied for line-of-duty disability benefits with the Public Employees Retirement Association ( PERA ) following his retirement from the City; WHEREAS, Claimant submitted medical certification forms to PERA indicating he suffered from a disability sustained in the line-ofduty that precluded him from returning to his position as a police officer; WHEREAS, PERA advised Claimant in a letter dated April 2, 2004, that his application for line-of-duty disability benefits had been approved. WHEREAS, Claimant has requested ongoing medical insurance benefits from the City pursuant to Minnesota Statutes, 299A.465, subd. 1; WHEREAS, Minnesota Statute, 299A.465, subd. 1 requires a public employer to provide medical insurance benefits until age 65 for peace officers or firefighters that suffer a disabling injury that: 1. results in the officer's or firefighter's retirement or separation from service; 2. occurs while the officer or firefighter is acting in the course and scope of duties as a peace officer or firefighter; and 3. the officer or firefighter has been approved to receive the officer's or firefighter's duty-related disability pension. WHEREAS, the City has obtained copies of Claimant s medical records from a number of his care providers and has also been provided the opportunity to informally interview two of Claimant s doctors in the presence of Claimant s attorney, Mr. Roger Stageberg; 2

3 City Council Proceedings City of New Prague Monday, October 18, WHEREAS, Claimant has provided the City with a complete copy of his PERA file relating to his entitlement to line-of-duty disability benefits; WHEREAS, Claimant made himself available for an independent medical exam with Dr. Thomas G. Gratzer on July 21, 2004; WHEREAS, Dr. Gratzer prepared a report for the City dated August 2, 2004, which concluded that Claimant was unable to perform the essential functions of his position as the City s Chief of Police but that his condition was not caused by work related stresses; WHEREAS, Claimant s attorney provided the City with certain notes and letters from Claimant s doctors in response to Dr. Gratzer s report on or about September, 7, 2004; WHEREAS, the Minnesota Attorney General s office has provided the City with a letter dated August 3, 2004, indicating that the Attorney General is unable to conclude that Minn. Stat. 299A.465 is limited to disabilities resulting from physical injuries. WHEREAS, the Minnesota Department of Public Safety ( DPS ) has long concluded that Minnesota Statute, 299A.465, subd. 1 does not apply to persons with non-physical disabilities and refuses to reimburse public employers under Minnesota Statute, 299A.465, subd. 4 for benefits paid to recipients with exclusively non-physical disabilities. WHEREAS, Claimant, Roger Stageberg and Dr. Carl Burkland appeared at a regularly scheduled meeting of the City Council on September 20, 2004, and were provided the opportunity to present evidence and/or arguments in support of Claimant s request for benefits under Minnesota Statute, 299A.465, subd. 1; WHEREAS, the City s legal counsel has provided the City Council with summaries of the applicable legal authority and facts relevant to Claimant s request for benefits under Minnesota Statute, 299A.465, subd. 1;

4 4 WHEREAS, the foregoing information and documentation was made available to members of the City Council and the Mayor prior to the adoption of this Resolution; NOW, THEREFORE, BE IT RESOLVED by the City Council that the abovereferenced recitals are incorporated herein and made a part of this Resolution; NOW, THEREFORE, BE IT FURTHER RESOLVED by the City Council that the information and documentation referenced herein constitute the record before the City Council concerning this matter (a summary of which is attached hereto as Exhibit A); NOW, THEREFORE, BE IT FURTHER RESOLVED by the City Council as follows: Section 1. Findings Based on the foregoing information and documentation, the City Council concludes that Claimant has not sustained a disabling injury as required by Minnesota Statute, 299A.465, subd. 1, for the following reasons: a. The plain meaning of the term disabling injury denotes physical damage or harm to a person or thing. b. Legislative testimony in support of passage of the law clearly intended for serious physical injuries to be covered by the statute but there is no indication that the legislature intended for persons with non-physical disabilities to be covered by the proposed law. c. The shooting of Minneapolis Officer Jerry Haff is often cited in the legislative testimony as an example of intended recipient of benefits. d. Minnesota workers compensation laws apply to personal injuries and have been interpreted not to include exclusively psychological conditions. e. DPS has interpreted Minnesota Statute, 299A.465, subd. 1 as not applying to persons with exclusively non-physical disabilities and has consistently denied reimbursement to

5 5 public employers under Minnesota Statute, 299A.465, subd. 4 for benefits paid to recipients with exclusively non-physical disabilities. f. Minnesota Statute, 299A.411 provides benefits to peace officers that suffer a debilitating psychological reaction to a traumatic event and are diagnosed by a psychiatrist or a licensed psychologist as suffering from posttraumatic stress disorder. g. It is undisputed that Claimant does not suffer from any physical disability Based on the foregoing information and documentation, the City Council also concludes that Claimant s condition did not occur while acting in the course and scope of his duties as a peace officer for the following reasons: a. Dr. Thomas Gratzer, an objective and qualified psychiatrist retained by the City, concluded that Claimant s condition were unrelated to the stresses of his work with the City. b. Claimant s doctors do not challenge the qualifications of Dr. Gratzer or the psychological disorder attributed to Claimant by Dr. Gratzer they merely question the underlying facts upon which Dr. Gratzer bases his conclusions. c. Evidence of Claimant s medical history is more consistent with the diagnosis of Dr. Gratzer rather than the diagnosis of Claimant s doctors. d. Rebuttal arguments offered by Claimant s doctors in response to Dr. Gratzer s conclusions are not supported by the medical records or previous observations made by Claimant s doctors. e. As Chief of Police, Claimant assisted other police officer s with issues of anxiety and stress related to their job responsibilities but never pursued or requested comparable assistance for himself from City officials.

6 6 f. Even if Claimant s condition were deemed psychosocial as claimed by his doctors, his stress and anxiety was primarily caused by the loss of his spleen while injured off duty at home which resulted in a deficient immune system for Claimant. g. Dr. William J. Paule from the Minnesota Department of Health concluded that Claimant was occupationally disabled secondary to a previous splenectomy and increase of susceptibility of infection. Section 2. Determinations The City Council hereby denies Claimant s request for medical insurance benefits pursuant to Minnesota Statute, 299A.465, subd The City Council directs City staff to take the appropriate action and prepare the appropriate documents to advise Claimant of the determination of the City Council. Council Member Kratochvil seconded said Resolution and upon roll call the following vote was recorded. AYES NAYES Sindelar X Babione X Jirik Absent Absent Kratochvil _X Wilcox _X Thereupon Mayor Sindelar declared said resolution adopted this 18 th day of October, ATTEST: Jerry Bohnsack, City Administrator Craig Sindelar, Mayor

7 7 Council Member Kratochvil offered the following Resolution and moved for its adoption: RESOLUTION # RESOLUTION AUTHORIZING ISSUANCE AND SALE OF GENERAL OBLIGATION BONDS BE IT RESOLVED by the City Council of the City of New Prague, Minnesota (the City), as follows: Section 1. Purpose. It is hereby determined to be in the best interests of the City to issue: (a) its General Obligation Improvement Bonds, Series 2004A in the approximate principal amount of $2,265,000 (the 2004A Bonds), pursuant to Minnesota Statutes Chapters 429 and 475, the proceeds of which will be used to finance the certain public improvement and street reconstruction projects City; and (b) its General Obligation Taxable Tax Increment Refunding Bonds, Series 2004B in the approximate principal amount of $215,000 (the 2004B Bonds), pursuant to Minnesota Statutes Chapters 469 and 475, the proceeds of which will be used to refund, in advance of maturity, certain taxable tax increment bonds of the City. The 2004A Bonds and the 2004B Bonds are referred to herein collectively as the Bonds. Section 2. Terms and Conditions of Sale. Northland Securities, Inc. financial consultant to the City, will prepare Terms and Conditions of Sale for the Bonds which shall be approved by the City Administrator and placed on file at City Hall. Northland Securities, Inc., as independent financial advisor, pursuant to Minnesota Statutes, Section , Subdivision 2, paragraph (9) is hereby authorized to solicit bids for the Bonds on behalf of the City. Section 3. Sale Meeting. This Council shall meet on November 15, 2004 at 7:00 p.m. for the purpose of considering sealed proposals for the purchase of the Bonds and of taking such action thereon as may be in the best interests of the City.

8 8 City Council Proceedings Council Member Babione seconded said Resolution and upon roll call the following vote was recorded. AYES NAYES Sindelar X Babione X Jirik Absent Absent Kratochvil _X Wilcox _X Thereupon Mayor Sindelar declared said resolution adopted this 18 th day of October, ATTEST: Jerry Bohnsack, City Administrator Craig Sindelar, Mayor Council Member Wilcox offered the following Resolution and moved for its adoption. RESOLUTION # RESOLUTION ACCEPTING PROJECT WHEREAS, pursuant to development agreements dated August 1, 2003 Geiger Development has satisfactorily completed the improvements to Prague Estates #7 in accordance with such development agreement. WHEREAS, City Staff has inspected said improvements and recommends acceptance. WHEREAS, necessary warranties are in place.

9 9 NOW THEREFORE BE IT RESOLVED, by the City Council of the City of New Prague that the improvements constructed and completed by Geiger Development Prague Estates #7 are hereby accepted and approved. BE IT FURTHER RESOLVED that said acceptance is contingent upon receiving complete and accurate as built drawings and televised sewer inspection tapes. Council Member Kratochvil seconded said Resolution and upon roll call the following vote was recorded. AYES NAYES Sindelar X Babione X Jirik Absent Absent Kratochvil _X Wilcox _X Thereupon Mayor Sindelar declared said resolution adopted this 18 th day of October, ATTEST: Jerry Bohnsack, City Administrator Craig Sindelar, Mayor Motion Babione, Second Kratochvil Approve the following consent agenda items: A. Approve previous meeting minutes. B. Approve claims for payment. Motion carried. There being no further business, the meeting was adjourned. Jerry Bohnsack City Administrator

Amended: July 12, 2010 ( Resolution No. 6136) An Economic Development Agency. Amended: February 12, 1996 ( Resolution No Adopted: July 8, 1985

Amended: July 12, 2010 ( Resolution No. 6136) An Economic Development Agency. Amended: February 12, 1996 ( Resolution No Adopted: July 8, 1985 AMENDMENTS TO CITY OF RED WING, MINNESOTA ENABLING RESOLUTION NO. 2226 ESTABLISHING THE RED WING PORT AUTHORITY, An Economic Development Agency Adopted: July 8, 1985 Amended: February 12, 1996 ( Resolution