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HomeMy WebLinkAbout05-15-78 Hastings, Minnesota May 15, 1978 271 The City Council of the City of Hastings, Minnesota met in a regular meeting on Monday, May 15, 1978 at 7:30 P.M. in the Council Chambers of the City Hall. Members present: Councilmen Shannon, Trautmann, Fischer, Erickson, Trutna, Novak, Karnick, Collins, and Mayor/Petersen. ~ i Members absent: None. The Mayor called for additions or corrections to the minutes of the meeting of May 1, 1978 and hearing none declared the minutes approved as read. Moved by Councilman Shannon, seconded by Councilman Fischer to approve the variance request for 81 parking stalls to supercede the previously granted variance allowing 109 parking stalls for the 109 unit elderly hi-rise project under construc- tion by the Archdiocese of Minneapolis and St. Paul, with the con- dition that if the Council finds the need for more parking stalls in the future the Archdiocese will add the additional stalls. The Zoning Ordinance requires two stalls per unit or 218 stalls for this project. Ayes, 7; Nayes, Trautmann. Moved by Councilman Novak, seconded by Councilman Trautmann to allow the following variances for the Lumber Mart Retail Building on 4th & Bailly Street: to allow driveway entrances to be two feet wider than the required 22 foot maximum; to allow 16 parking stalls instead of the required 19, and to move the building and parking lot 3~ feet to the East to allow room for landscaping along the West side of the building. Ayes, 8; Nayes, none. -- Moved by Councilman Trautmann, seconded by Councilman Trutna to pass the first reading of the Amendments to the Fire Zone changing the following two parcels of property from a Fire Zone I to Fire Zone II. Lot 3, Block 12, Town of Hastings and Lots 1, 2, and the East 18 feet of Lot 3, Block 32, Town of Hastings. Also, to call for a Public Hearing on these amendments for June 5, 1978 at 7:30 P.M..in the Council Chambers of the City Hall. Ayes, 8; Nayes, none. Moved by Councilman Novak, seconded by Councilman Trutna to approve the use of split faced concrete blocks as the building material for the Stoffel Mini-Storage building in the Industrial Park. Ayes, 8; Nayes, none. Moved by Councilman Trutna, seconded by Councilman Fischer to refer the Anti Litter Ordinance to the Planning Commission for study and recommendation. Ayes, 8; Nayes, none. Moved by Councilman Collins, seconded by Councilman Trutna to adopt the resolution accepting the bid of O'Brien Chevrolet-Cadillac, Inc. to furnish the City of Hastings Police Department a 1978 Chevrolet Impala four door Squad car at the bid price of $6,333.33. Ayes, 8' Nayes, none. Copy of resolution on file in City Clerk office. Moved by Councilman Erickson, seconded by Councilman Trautmann that the City Council go on record as favoring the concept of Central Dispatching and authorizes the Staff to con- tinue inquiry regarding same. Ayes, 8; Nayes, none. Moved by Councilman Trutna, seconded by Councilman Shannon to authorize the City Administrator to post the Fire Dep't. vacancy with the Volunteer Firefighters. Ayes, 8; Nayes, none. APPROVE VARIANCE ARCHDIOCESE PROJECT ON BAHLS DRIVE APPROVE VARIANCES FOR LUMBER MART RETAIL BUILDING 4TH & BAILLY FIRST READING AMEND- MENT TO FIRE ZONE SET PUBLIC HEARING APPROVE BUILDING MATERIALS FOR STOFFEL BUILDING ANTI LITTER ORDINANCE TO PLANNING COMMISSION FOR STUDY RESOLUTION #165 AWARD BID SQUAD CAR APPROVE CONCEPT OF CENTRAL DISPATCHING FIRE DEPT VACANCY TO VOLUNTEER FIREFIGHTERS 272 RESOLlITION #166 AWARD BID DUTCH ELM TREE REMOVAL MAYOR TO NEGOTIATE CONTRACT MN/OOT PARATRANSIT PROGRAM APPOINT L. E. HUNTER IND. PK. ADVISORY BRD. TENNIS COURTS SEAL COATING HOLD OVER TO 6/5/78 APPROVE CONSENT AGENDA FIRST READING CHARTER AMENDMENTS CALL FOR PUBLIC HEARING Councilman ~rautmann introduced the following resolution and moved its adoption: RESOLUTION AWARDING BID FOR REMOVAL OF DUTCH ELM DISEASED TREES WHEREAS, pursuant to an advertisement for bids to execute and complete in full, all the work as shown on the specifications entitled "Dutch Elm Diseased Tree Removal" for the City of Hastings, the following bids were received complying with the advertisement: Public Tree Private Tree Stump Sod n Jim's Tree Service $ 113.52 $ 189.00 $ 42.00 $2.00 , '. Valley Tree Service 125.00 192.00 42.00 l.00 WHEREAS, it appears that Jim's Tree Service is the lowest responsible bidder in completing the removal of Dutch Elm diseased trees for the City of Hastings, NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Hastings, Minnesota: The Mayor and City Clerk are hereby authorized and directed to enter into a contract with Jim's Tree Service, Hastings, Minn. to furnish all labor, material, equipment, tools, skills, and all else necessary to completely perform the responsibilities of Dutch Elm diseased tree removal in accordance with the specifica- tions prepared by the City of Hastings and approved by the City Council. The City Clerk is hereby directed and authorized to return forth- with to all bidders the deposits made with their bids, after a contract has been signed. Adopted by the City Council this 15th day of May, 1978. r~1 LJ Councilman Shannon seconded the motion to adopt said resolution and the same was passed by the following vote: Ayes, 8; Nayes, none. Moved by Councilman Collins, seconded by Councilman Karnick to authorize the Mayor, Walter E. Petersen, to negotiate a contract with the Minnesota Department of Transportation for a Paratransit Demonstration Program. Ayes, 8; Nayes, none. Moved by Councilman Erickson, seconded by Councilman Novak to ratify the Mayor's appointment of Laurence E. Hunter as the replacement for the unexpired term of Lloyd Bristow. Term to expire January 1, 1979. Ayes, 7; Nayes, Shannon. The Council decided to hold over to June 5th. any decision on the seal coating of the Tennis Courts. Moved by Councilman Erickson, seconded by Councilman Shannon to approve the following items on the Consent Agenda. Ayes, 8; Nayes, none. a) T.H. 61 MN/DOT Cooperative Agreement payment in the amount of $45,573.32 b) Tree Trimming License: Valley Tree Service, Has tings . c) Bills as audited. r..', i J Moved by Co~cilman Trutna, seconded by Councilman Trautmann to pass the first reading of the amendments to the City Charter and to call for a public hearing on same for June 5, 1978 at 7: 4 0 P.M. in the Council Chambers of the City Hall. Ayes, 8; Nayes, none. -- ,-' _._~-~.~_._'_. - -- - Moved by Councilman Shannon, seconded by Councilman Fischer to pass the second reading of Amendments to the Ordinance Nos. 75 through 86, Second Series. Also to call for a public hearing on Ordinance #76 for June 5, 1978 at 7:45 P.M. in the Council Chambers of the City Hall. Ayes, 8; Nayes, none. Shannon Moved by Councilman Trautmann, seconded by Councilman to authorize sale to Michael J. O'Connor of 1) 1.24 acres in the Hastings Industrial Park No.1 for cash payment of $12,400, and 2) 1.54 acres in the Hastings Industrial Park No.1 for $15,400 on Contract for Deed as follows: down payment of $1,540.00, balance of $13,860.00 with interest at 8% on declining balances at $434.33 per month on the 15th of each month commencing June 15, 1978. Descriptions of respective parcels are as on file with the City Clerk. Ayes, 8; Nayes, none. - Moved by Councilman Trautmann, seconded by Councilman Shannon to pass the first reading of the Ordinance amending the service charge and amending the commodity charge for water pro- vided to cu;:;tomers of the City of Hastings water system. The new rates will be effective for the billing period commencing October 1, 1978. Ayes, 8; Nayes, none. 273 SECOND READING OF ORDINANCE AMENDMENTS #75 - 86 CALL FOR PUBLIC HEARING SALE OF LAND TO MICHAEL J. O'CONNOR IND. PARK FIRST READING ORDINANCE ADOPTING WATER RATE SCHEDULES A review of the Northwest Ponding Basin Study was given UPDATE ON NORTHWEST to the Council by the City Engineer, Mr. Olson. PONDING BASIN Moved by Councilman Collins, seconded by Councilman Erickson to approve the Labor Contract between the City of Hastings and Minnesota Teamsters Public and Law Enforcement Employees Union" Local #320, retroactive to January 1, 1978. (Police Dept) Ayes, 8; Nayes, none. ARTI CLE I. PURPOSE OF AGREEMENT ,- APPROVE POLICE DEPT LABOR CONTRACT This Agreement is entered into as of January 1, 1978 between the City of Hastings, hereinafter called the Employer, and the Minnesota Teamsters Public and Law Enforcement Employees Union, Local No. 320, hereinafter called the Union. It is the intent and purpose of this Agreement to: 1.1 Establish procedures for the resolution of disputes concerning his Agree- ments interpretation and/or application; and 1.2 Place in written form the parties' agreement upon terms and conditions of employment for the duration of this Agreement. The Employer and the Union through this Agreement shall continue their dedication to the highest quality police service and protection to the residents of Hastings. Both parties recognize this Agreement as a pledge of this dedication. ARTICLE II. RECOGNITION 2.1 The Employer recognized the Union as the exclusive representative, under Minnesota Statutes, Section 179.71, Subdivision 3, for all police personnel in the following job classifications: Police Officer Police Sergeant Police Lieutenant 2.2 In the event the Employer and the Union are unable to agree as to the inclu- sion or exclusion of a new or modified job class, the issue shall be sub- mitted to the Bureau of Mediation Services for determination. -- ARTICLE III. DEFINITIONS 3.1 UNION: The Minnesota Teamsters Public and Law Enforcement Employees Union, Local No. 320 3.2 UNION MEMBER: A member of the Minnesota Teamsters Public and Law Enforce- ment Employees Union, Local No. 320. 3.3 EMPLOYEE: A member of the exclusively. recognized bargaining unit. 3.4 DEPARTMENT: The City of Hastings Police Department. 3.5 EMPLOYER: The City of Hastings. 3.6 CHIEF: The Chief of the Hastings Police Department. 3.7 UNION OFFICER: Officer elected or appointed by the Minnesota Teamsters Public and Law Enforcement Employees Union, Local No. 320. 274 3.8 OVERTIME: Work perfonned at the express authorization of the Employer in excess of the employees' scheduled shift. 3.9 SCHEDULED SHIFT: A consecutive hour work period including two (2) rest breaks and a lunch break. 3.10 REST PERIODS: Two (2) periods during the scheduled shift during which the employee remains on continual duty and is responsible for assigned duties. 3.11 LUNG! BREAK: A period during the scheduled shift during which the employee remains on continual duty and is responsible for assigned duties. 3.12 STRIKE: Concerted action in failing to report for duty, the willful absence from one's position, the stoppage of work, slow-down or abstinence in whole or in part from the full, faithful and proper performance of the duties of employment for the purposes of inducing, influencing or coercing a change in the conditions or compensation or the rights, privileges or obligations of employment. 3.13 PROBATIONARY PERIOD: Twelve (12) calendar months following the completion of B.C.A. School, but in no case shall the probationary period exceed fifteen (IS) calendar months from date of hire. ARTI CLE IV. EMPLOYER SECURITY n , , \...... -_.~-' 4.1 The Union agrees that during the life of this Agreement, it will not cuase encourage, participate in or support any strike, slow-down or other in- terruption of or interference with the nonnal functions of the Employer. 4.2 Any employee who engages in a strike may have his (her) appointment or employment tenninated by the Employer effective the date the violation first occurs. Such termination shall be effective upon written notice served upon the employee. An employee who is absent from any portion of his work assign- ment without pennission, or who abstains wholly or in part from the full perfonnance of his duties without permission from his Employer on the date or dates when a strike occurs is prima facie presumed to have engaged in a strike on such date or dates. An employee who knoweingly strikes and whose employment has been terminated for such action may, subsequent to such violation, be appointed or reappointed or employed or reemployed, but the employee shall be on probation for two years with respect to such civil service status, tenure of employment, or contract of employment, as he ~ (she) may have theretofore been entitled. No employee shall be entitled to any daily pay, wages or per diem for the days on which he (she) engaged in a strike. l~ ARTICLE V. EMPLOYER AUTHORITY 5.1 The Employer retains the full and unrestricted right to operate and manage all manpower, facilities, and equipment; to establish functions and pro- grams; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct, and determine the number of personnel; to establish work schedules, and to perfonn any inherent managerial function not specifically limited by this Agreement. 5.2 Any tenn and condition of employment not specifically established or modified by this Agreement shall remain solely within the discretion of the Employer to modify, establish, or eliminate. ARTICLE VI. UNION SECURITY 6.1 The Employer shall deduct from the wages of employees who authorize such a deduction in writing an amount necessary to cover monthly dues, or a fair share deduction, as provided in Minnesota State Statute 179.65, subdivision 2, if the employee elects not to become a member of the Union. Such monies shall be remitted as directed by the Union. 6.2 The Union may designate employees from the bargaining unit to act as a steward and an alternate and shall inform the Employer in writing of such choice and changes in the position of steward and/or alternate. 6.3 The Employer shall make space available on the employee bulletin board for posting Union notice(s) and announcements. 6.4 The Union agrees to indemnify and hold the Employer hannless against any and all claims, s~ts, orders, or judgements brought or issued against the Employer as a result of any action taken or not taken by the Employer under the provisions of this Article. "---,, I L,i 275 7.1 ARTICLE VII. EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE 7.2 7.3 7.4 7.5 Definition of a Grievance. A grievance is defined as a dispute or disa- greement as to the interpretation or application of the specific terms and conditions of this Agreement. Union Re~esentatives. The Employer will recognize representatives desig- nated by e Union as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The Union shall notify the Employer in writing of the names of such Union representatives and of their successors when so designated, as provided by Section 6.2 of this Agreement. Processing of a Grievance. It is recognized and accepted by the Union and the Employer that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employees and shall therefore be accomplished during normal working hours only when consistent with such employee duties and responsibilities. The aggrieved employee and a Union representative shall be allowed a reasonable amount of time without loss in pay when a grievance is investigated and presented to the Employer during normal working hours provided that the employee and the Union representative have notified and received the approval of the desig- nated supervisor who has determined that such absence is reasonable and would not be detrimental to the work of the Employer. Procedure. The grievance procedure is outlined by Steps in the copy of the Labor Agreement on file in the City Clerk's office. Arbitrator's Authority. A. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the terms and conditions of this Agreement. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the Employer and the Union, and shall have no authority to make a decision on any other issue not so submitted. B. The arbitrator shall be without power to make decisions contrary to, or inconsistent with, or modifying or varying in any way the application of laws, rules, or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be binding on both the Employer and the Union and shall be based solely on the arbitrator's interpretation or application of the express terms of this Agreement and to the facts of the grievance presented. C. The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the Employer and the Union provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pay for the record. If both parties desire a verbatim record of the proceedings, the cost shall be shared equally. 7.6 Waiver. If a grievance is not presented within the time limits set forth above, it shall be considered 'waived'. If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the Employer's last answer. If the Employer does not answer a grievance or an appeal thereof within the specified time limits, the Union may elect to treat the grievance as denied at the step and irrnnediately appeal the grievance to the next step. The time limit in each step may be extended by mutual written agreement of the Employer and the Union in each step. ARTICLE VIII. SAVINGS CLAUSE This Agreement is subject to the laws of the United States, the State of Minnesota and the City of Hastings. In the event any provision of this Agreement shall be held to be contrary to law by a court of competent jurisdiction from whose final judgement or decree no appeal has been taken within the time provided, such pro- visions shall be voided. All other provisions of this Agreement shall continue in full force and effect. The voided provision may be renegotiated at'the written request of either party. 276 ARTICLE IX. SENIORITI 9.1 Seniori ty shall be determined by the employee I s length of continous employ- ment with the Police Department and posted in an appropriate location. Seniority rosters may be maintained by the Chief on the basis of time in grade and time within specific classification. 9.2 During the probationary period, a newly hired or rehired employee may be discharged at the sole discretion of the Employer. During the probationary period, a promoted or reassigned employee may be replaced in his previous position at the sole discretion of the Employer. 9.3 A reduction of work force will be accomplished on the basis of seniority. r-' Employees shall be recalled from layoff on the basis of seniority. An \ employee on layoff shall have an opportunity to return to work within two (2) years of the time of his layoff before any new employee is hired. 9.4 Senior employees shall be given preference with regard to transfer, job classification assignments and promotions when the job relevant qualifica- tions of employees are equal. 9.5 Senior qualified employees shall be given shift assignment preference after eighteen (18) months of continuous full time employment. 9.6 Vacation periods shall be selected on the basis of seniority until May l5th- Summer; September 1st - Fall. ARTICLE X. DISCIPLINE 10.1 The Employer will discipline employees for just cause only. Discipline will be in one or more of the following terms: a) Oral reprimand; b) Written reprimand: c) Suspension; d) Demotion; or e) Discharge. 10.2 Suspensions, demotions and discharges will be in written form. [, 10.3 Written reprimands, notices of suspension, and notices of discharge which are to become part of an employee's personnel file shall be read and acknowledged by signature of the employee. Employees and the Union will receive a copy of such reprimands and/or notices. 10.4 Employees may examine their own individual personnel files at reasonable times under the direct supervision of the Employer. 10.5 Discharges will be preceded by a five (5) day suspension without pay. 10.6 Employees will not be questioned concerning an investigation of disciplinary action unless the employee has been given an opportunity to have a Union representative present at such questioning. 10.7 Grievances relating to this Article shall be initiated by the Union in Step 3 of the grievance procedure under Article VII. ARTICLE XI. CONSTITUfIONAL PROTECTION Employees shall have the rights granted to all citizens by the United States and Minnesota State Constitutions. 12.1 The normal work year is two thousand and eighty (2,080) hours, to be accounted for by each employee through: a) Hours worked on assigned shifts. b) Holidays; c) Authorized leave time; and d) Training. 12.2 Holidays and authorized leave time is to be calculated on the basis of the actual length of time of the assigned shifts. I~ ) ARTICLE XI I . WORK SGffiDULE 277 12.3 Nothing contained in this or any other Article shall be interpreted to be a guatantee of a minimum or maximum number of hours the Employer may assign employees. ARTICLE XIII. OVERTIME 13.1 Employees will be compensated at one and one-half (l~) times the employee's regular base pay rate for hours worked in excess of the employee's regularly scheduled shift. Changes of shifts do not qualify an employee for overtime under this Article. - 13.2 Overtime will be distributed as equally as practicable. 13.3 Overtime refused by employees will for record purposes under Article 13.2 be considered as unpaid overtime worked. 13.4 For the purpose of computing overtime compensation overtime hours worked shall not be pyramided, compounded or paid twice for the same hours worked. 13.5 Straight time rate will apply for all other off duty overtime such as first aid training courses, departmental meetings, fire arms training and authorized police training courses, with a minimum of two hours. Authorized time worked over two hours is to be compensated for at the straight time rate. 13.6 Employees have the obligation to work overtime or call backs if requested by the Employer unless unusual circumstances prevent the employee from so working. ART I CLE XIV. COURT TIME An employee who is required to appear in court during his/her scheduled off-duty time shall receive a minimum of two (2) hours pay at one and one-half (l~) times the employee's base pay rate. An extension or early report to a regulary scheduled shift for court appearance does not qualify the employee for the two (2) hour minimum. ARTI CLE XV. CALL BACK TIME An employee who is called to duty during his scheduled off~duty time shall receive a minimum of two (2) hours pay at one and one=half (l~) times the employee's base pay rate. An extension or early report to a regularly scheduled shift for duty does not qualify the employee for the two (2) hour minimum. ARTICLE XVI. WORKING our OF CLASSIFICATION Employees assigned by the Employer to assume the full responsibilities and authority of a higher job classification for five (5) consecutive working days or more shall receive the salary schedule of the higher classification. Patrolmen acting as Sergeant only. ARTICLE XVII. VACATION 17.1 Vacation shall be accumulated on the following basis: Years of Service Days Vacation 1 2 to 5 6 7 8 9 10 11 12 13 14 15 5 10 11 12 13 14 15 16 17 18 19 20 17.2 All vacation pay shall be accrued, and in the event an employee's employment is terminated for any reason, the employee shall receive, upon his/her ter- mination the vacation pay which he/she has coming to him/her at that time on a pro-rata basis. No more than four consecutive weeks vacation can be taken at one time. 17.3 In computing vacation pay, length of service shall be based upon the annl- versary date of the day an employee commences employment. 278 17.4 All employees are to be paid their vacation pay prior to their leaving for vacation. ARTICLE XVIII. SICK LEAVE AND OIHER LEAVES OF ABSENCE 18.1 Sick Leave: All employees of the City shall be entitled to accumulate one day of sick leave for each month of employment. Sick leave will be granted for actual sickness, temporary physical disability and quarantine. The City may require a doctor's certificate on sick leave claims of three days or more. 18.2 Personal Leave: All employees of the City shall be entitled to three (3) days personal leave per year which shall not accumulate. Personal leave for purpose of this paragraph includes and is limited to: Death in the immediate family, death of spouse, parent, brother, sister, child, grand- parent, and spouse's parent, brother, sister, child or grandparent; and critical illness of the immediate family. 18.3 Jury Duty: Employees subpoenaed as witnesses or called and selected for jury duty shall receive their regular compensation and other benefits for their employment less the amount received by them as jurors or witness fees. 18.4 Union Leave: The City agrees to grant the necessary time off without pay to any employee designated to attend a labor convention or to serve in any capacity on other official Union business. ARTICLE XIX. SEVERANCE PAY If an employee retires at age 65, or as otherwise provided by law, or is forced to retire due to physical condition not allowing him to continue gainful employ- ment, or voluntarily terminates employment with the City after due notice, with the consent of the City, but not if discharged or resigns by the request of the City, all and in each case after ten (10) years of service, they will receive fifty percent (50%) of unused sick leave, based on their current hourly rate, as severance pay, of the first 120 days of accumulated sick leave. ARTICLE XX. HOLIDAYS (- All employees whose work week is other than regularly scheduled Monday through Friday, shall receive a credit for nine working days that shall be taken as additional vacation days. These days must be taken during the year in which they are earned. I. L_ ARTICLE XXI. UNIFORM ALLOWANCE Uniform allowance for a new employee will be set at one hundred .ollars ($100.00) for leather goods and weapons and two hundred fifty dollars ($250.00) for clothing allowance for the first year. Equipment shall remain the property of the City until after the six month probationary period. Clothing allowance after the first year will be two hundred dollars ($200.00) per year. Effective January 1, 1979, the annual clothing allowance shall be two hundred twenty dollars ($220.00) per year. ARTICLE XXI I . INSURANCE All regular employees will continue to be covered under the hospital-medical surgical insurance plan adopted by the City. In 1978, the City will pay fifty dollars ($50.00) per month toward hospital-medical coverage per employee. In 1979 the City will pay a maximum of si~ty five dollars ($65.00) per month toward hospital- medical coverage per employee. The balance of dependent coverage to be paid by the employee. All regular employees will also receive a five thousand dollar ($5,000.00) Life Insurance policy with the full cost of the premiums to be paid by the City. Also, the City will provide a long-term disability insurance policy with no cost to the employee, as fo1ll.ows: Eligibility: Each active, full-time employee who works a minimum of thirty (30) hours per week, except temporary employees. Qualifying Period: Benefits accrue with respect to anyone period of total disability after the expiration of a qualifying period of three (3) consecutive months. ~ "- _I 279 Benefit Period: Monthly benefits are payable during the continuance of total disability as follows, but in no event are benefits payable beyond the attainment of age 65. (a) Total disability due to sickness to age 65. (b) Total disability due to accident to age 65. Monthly Schedule Amount: Sixty percent (60%) of normal monthly earnings to a maximum benefit of One Thousand Two Hundred Dollars ($1,200.00). ART I CLE XXI I I . INJURED ON DUTY 23.1 Employees injured while on duty will receive full pay for a maximLim of ninety (90) working days while unable to work due to such injury. The first five (5) working days lost due to an injury on duty, will be charged to the employee's sick leave account. An employee with no sick leave accumulated will not receive payment for the first five (5) working days lost. 23.2 Any compensation payable to the employee under Worker's Compensation Insurance will be reported to the Employer. The Employer shall make supple- mentary payments to the employee (not to be charged to the employee's accu- mulated sick leave) to make up the difference between Worker's Compensation and his normal rate of pay. 23.3 Any employee who claims an absence from work due to an injury sustained on the job shall provide if requested by the Employer, a statement from the employee's attending physician as to the nature of the injury. 23.4 Any employee who claims an absence from work due to an injury sustained on the job is subject to an examination to be made on behalf of and paid for by the Emp~oyer by a person competent to perform the same and as is desig- nated by the Employer. ART I CLE XXIV. WAGES See Appendix A ARTICLE XXV. WAIVER 25.1 Any and all prior agreements, resolutions, practices, policies, rules and regulations regarding terms and conditions of employment, to the extent inconsistent with the provisions of this Agreement, are hereby superceded. 25.2 The parties mutually acknowledge that during the negotiations which re- sulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any term or condition of employment not removed by law from bargaining. All agreements and understandings arrived at by the parties are set forth in writing in this Agreement for the stipulated duration of this Agreement. The Employer and the Union each vol- untarily and unqualifiedly waives the right to meet and negotiate regarding any and all terms and conditions of employment referred to or covered in this Agreement or with respect to any term or condition of employment not specifically referred to or covered by this Agreement, even though such terms or conditions may not have been within the knowledge or contemplation of either or both of the parties at the time this Agreement was negotiated or executed. ARTICLE XXVI. DURATION This Agreement shall be effective as of the first day of January, 1978 and shall remain in full force and effect until the thirty-first day of December 1979. APPENDIX A Effective January 1, 1978, wages shall be as follows: Classification Monthly Wage Police Officer - Base Pay Rate Start $ 1,338.00 After 6 months 1,413.00 After 12 months 1,454.00 After 24 months 1,472.00 After 36 months 1,480.00 280 Sergeant - Base Pay Rate - $115.00 per month above top patrol rate. Lieutenant - Base Pay Rate - $225.00 per month above top patrol rate. Wage Schedule Effective January 1, 1979 for Police Officers: The 1978 wage schedule shall be amended for 1979 using the following formula: The monthly wage shall be increased by five percent (5%) plus eighty percent (80%) of any percentage over five percent (5%) to a maximum increase of eight percent (8%) in the Twin City Consumer Price Index for the period of October 1977 to October 1978, as reported by the U.S. Department of Labor, Bureau of Labor Statistics. The Index to be used is the "Consumer Price Index for Urban Wage Earners and Clerical Workers, Minneapolis (all items) 1967 = 100". The amount of the cost of living increase shall be determined and redetermined on the basis of the percentage increase in points of the Indux, and shall be computed and paid beginning the first pay period on or after January 1, 1979. . , The wage differential over Top Patrol for Sergeants and Lieutenants established in 1978 shall be adjusted effective January 1, 1979, as follows: Sergeant - Base Pay Rate - $125.00 per month above top patrol rate. Lieutenant - Base Pay Rate - $235.00 per month above top patrol rate. Adopted by the City Council of the City of Hastings this 15th day of May, 1978. Moved by Councilman Shannon, seconded by Councilman Trautmann to adjourn t mee ing at 9:20 P.M. Ayes, 8; Nayes, none. ,---, I I '-__..J ~ CLAIM Leonard Olson United Telephone System University of Minnesota Metro Waste Control Comm. H. G. Giddings Walter Petersen Hastings Gardner House Mutual Benefit Life Clarence Latch Wisconsin Life Ins. Co. N/W Natl. Bank of Hastings United Parcel Service Postmaster Air Comm Akins Fire Equipment Co. American Nat1. Bank & Trust Amoco. Oil Co. Earl F. Anderson & Assoc. Behrens Auto Supply Capitol Electronics Inc. Coast to Coast Color Lab, Inc. Commissioner of Transportation " :~ ~ : l~' l' ...,i "!S!)~)l.t >- Communication Channcels, Inc. Dakota Arms Davies Water Equipment Co. A. B. Dick Products Co. Fair Book & Office Supply H. T. Fasbender, M.D. First Natl. Bank of St. Paul Gopher Welding Supply Gross Industrial Hastings Hardware Hastings HOckey Boosters Inc Hastings Optical Inc. Hastings Music Hastings Star Hastings Wheel Alignment IBM Corporation Jim's Tree Service Joe's Auto Sales Johnson Hardware Kleinschmidt Engineering INc. Law Enforcement Equipment Loeffler's Safety Shoes Inc. Metro Waste Control Comm. McCarthy Well Company McGoon Studio Midwest Fence Minnesota Fire Inc. Munson Office Products Munson Office Products Natl. Fire Protection Assoc. Dane Nelsen Company Joe O'Brien Chev-Cadillac Pine Bend Paving Inc. Pioneer Sporting Goods Regina Memorial Hospital Robert Schluessler Sherwin-Williams Star Machine Works Toltz, King, Duvall, Anderson & Assoc. Inc. Roger Tonsager Unitog Business Clothing Uniforms Unlimited Inc. Van Waters & Rogers Will Wendt Water Products Company CLAIMS MAY 15, 1978 .. NO. 4809 4810 4811 4812 4813 4814 4815 4816 4817 4818 4819 4820 4821 4822 4823 4824 4825 4826 4827 4828 4829 4830 4831 4832 4833 4834 4835 4836 4837 4838 4839 4840 4841 4842 4843 4844 4845 4846 4847 4848 4849 4850 4851 4852 4853 4854 4855 4856 4857 4858 4859 4860 4861 4862 4863 4864 4865 4866 4867 4868 4869 4870 4871 4872 4873 4874 4875 4876 4877 DISPOSITION Mileage & Expenses-Workshop Monthly bi11ing-YAC Registration-Fire School Reserve Capacity Charge Ambulance Reimbursement Expenses Mayor's Expenses Monthly premium FlAM Spring Conference Monthly premium Federal Withholding Freight charges Postage Services Supplies Interest payment/Bond Gasoline Paint & thinner Supplies Radio repairs and installation Supplies Supplies & Services Street light maintenance '1 j Ind. Park advertising Supplies Supplies " " Services Interest payment/Bond Supplies " " " Glasses/Safety Supplies Publication Services Supplies Tree removal Supplies Supplies Survey services Supplies " Installment Services Services Supplies " " " Services Supplies Repairs Supplies Park supplies Services Dog Catcher patrol Supplies Supplies 281 'AMQUNT 139.50 110.02 90.00 15,206.40 15.15 76.00 48.54 744.78 103.78 4,295.16 6,658.30 2.95 143.00 25.00 86.98 6,350.84 29.90 1,257.00 133.82 132.00 48.20 196.14 91. 33 370.00 100.00 42.61 272.90 116.07 33.00 5,703.00 85.00 3.60 59.61 30.00 86.50 5.30 13.20 11.00 45.99 1,415.00 10.00 153.13 400.00 189.61 34.45 9,779.29 75.00 19.50 165.00 155.00 163.94 27.86 39.00 26.84 781. 32 20.00 434.20 37.50 24.00 76. 30 8.00 Engineering Services Bldg. Inspector Chapter Firemen supplies Police supplies Supplies " 9,057.38 expenses 10.00 392. 71 227.25 581. 04 200.00 119.16 "