HomeMy WebLinkAbout01-21-74
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Hastings, Minnesota
January 21, 1974
The City Council of the City of Hastings, Minnesota met in a
regular meeting on Monday, January 21, 1974 at 8:00 o'clock P.M. in the
Council Chambers of the City Hall.
Members present: Councilmen Collins, Schnirring, Kramer, Hallberg,
O'Connor, Fischer, Driscoll, Novak and Mayor
Petersen.
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Members absent:
None.
Minutes of the last meeting were read and approved.
Moved by Councilman Driscoll, seconded by Councilman Novak to pass
the first reading of an Amendment to Section 5.60, Subdivision 7 (C) of the
City Code, by changing the Rate Zone Map incorporated therein, by adding
Zones lines to add additional Zones pursuant to a proposed Rate Zone Map re-
ceived this date and placed on record with the City Clerk's office. Ayes;
all, Nayes; none.
Moved by Councilman Hallberg, seconded by Councilman Novak to pass
the second reading of the Amendment to the Sauna and Massage Ordinance.
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ORDINANCE NO. / .....-SECOND SERIES
An Ordinance Licensing and Regulating the Operation of Saunas and Massage Parlors
in the City of Hastings.
THE CITY COUNCIL OF THE CITY OF HASTINGS DOES ORDAIN:
SECTION 5.70
SAUNA PARLOR AND MASSAGE PARLOR REGULATION AND LICENSING.
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Subdivision 1. Purpose.
An ordinance regulating, protecting and promoting the public health,
safety and general welfare of the people of the City of Hastings by regulating
and licensing the operation of sauna parlors and massage parlors in the City of
Hastings.
Subdivision 2. Definitions.
(a) As used in this ordinance the terms defined in this subdivision
shall have following meanings ascribed to them.
(i) "Sauna" means and includes a steam bath or heating bath room
used for the purpose of bathing, relaxation, or reducing,
utilizing steam or hot air as a cleaning, relaxing or reducing
agent.
(ii) "Massage Parlor" shall mean any room or rooms wherein a person
for a fee may receive from another person a massage.
(iii) The terms "massage", "masseur" and "masseuse" are defined in
the same manner as in Minnesota Statutes, Section 148.33
through 148.35.
Subdivision 3. License required.
No person, partnership or corporation shall engage in a business, a
principal part of which is a sauna or massage parlor, or both, without being
licensed as provided in this ordinance. A "Sauna Parlor - Massage Parlor"
license shall allow the operation of a sauna parlor or a massage parlor, or both,
by the licensee.
Subdivision 4. License Application.
The application shall contain a description and location of the premises
to be licensed (or detailed plans if the licensed premises are not yet built), the
names and addresses of the property owner, business owner, lessee and manager or
operator and, if a corporation, all the names and addresses of the officers and
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board of directors of such corporation. The application shall include
whether any of the aforementioned individuals have ever been arrested ot
convicted of any crime or offense, and if so, the application shall include
a description of the offense as to the time, place, date and disposition.
Subdivision 5. License Year and License Fee.
(a) The annual license fee is $2500. A separate license shall be
obtained for each place of business. The licensee shall displace the license
in a prominent place on the licensed premises at all times. A license, unless
revoked, is for the calendar year or a part thereof for which it has been
issued.
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(b) An investigation fee of $50 shall be paid at the time of sub-
mission of the application for the license, for each person who has a bene-
ficial interest in the business to be licensed, whether as owner, owners
spouse, lessee, manager or operator. Such fee shall be submitted and inves-
tigation shall take place by the City for each such person included in the
original application and for each such person who acquires such an interest
after the license has been granted.
Subdivision 6. Granting or Denial of Licenses.
License applications shall be reviewed by the Hastings Police
Department, the Building Inspector, the City Council, and such other depart-
ments as shall be deemed necessary by the City Council. Thereafter, licenses
shall be granted or denied by the City Council.
Subdivision~7. Restrictions and Regulations.
(a) Licenses may be granted only for locations in the "commercial"
zones as established by the zoning laws of the City of Hastings.
(b) Licenses shall be granted only to establishments which can meet
the safety and sanitary requirements of the City Council and of the Building
Code Regulations of the City of Hastings and the State of Minnesota.
(c) It shall be grounds for denial or revocation of a license if
there is any fraud or deception involved in the license applications.
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(d) It shall be grounds for denial or revocation of the license if
the applicant or persons in the applicants' employ are not complying with or
have a history of violations of the laws and ordinances that apply to health,
safety or moral turpitude.
(e) A license shall not be granted to a person of bad repute or to
a partnership or corporation who has in its employ or is any degree owned by
any person of bad repute.
(f) It shall be grounds for rescinding a license granted to any
licensee if the licensee fails to comply with any of the ordinances of the City
of Hastings or statutes of the State of Minnesota.
(g) No liquor, narcotic drug, or "controlled substance" under the
laws of the State of Minnesota shall be allowed on the premises. It shall be
grounds for rescinding a license granted to any licensee if the owner, manager,
lessee or any of the employees are found to be in control or possession of any
alcoholic beverage or narcotic drug or ~Jcontrolled substance" (as defined by
Minnesota State Statute) on the licensed premises.
(h) It shall be grounds for the rescinding of a license if the
owner, manager, lessee, or any of the employees are convicted of any ordinance 01
violation or state statute violation arising within the business establish-
ment to which the license was granted.
(i) It shall be grounds for rescinding any license granted under
this ordinance if the premises do not comply with the health, safety and
building regulations of the City of Hastings and the State of Minnesota.
Subdivision 8. Construction and Maintenance Requirements.
(a) All sau~a rooms and restrooms and bathrooms used in connection
therewith shall be constructed of materials which are impervious to moisture,
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'bacteria, mold, and fungus growth. The floor to wall and wall to wall joints
shall be constructed to provide a sanitary cove with a minimum of radius of one
inch. There shall be no locks on doors of sauna rooms or massage rooms nor on
any other rooms in the licensed premises except on one business office and
closets for the storage of supplies, and bathrooms.
(b) All restrooms used in connection with saunas shall be provided
with mechanical ventilation with 2cfm per square foot of floor area, a minimum
of 30 foot candles of illumination, a hand washing sink equipped with hot and
cold running water under pressure, sanitary towels and a soap dispenser.
(c) Each sauna shall have a janitor's closet which shall be pro-
vided for the storage of cleaning supplies. Such closer shall have mechani-
cal ventilation with 2cfm per square foot of floor area and a minimum of 30
foot candles of illumination. Such closet shall include a mop sink.
(d) Floors, walls, and equipment in sauna rooms, in restrooms, and
in bathrooms used in connection therewith must be kept in a state of good re-
pair and clean at all times. Linens and other materials shall be stored at
least 12 inches off the floor. Clean towels and wash cloths must be made
available to each customer.
(e) Individual lockers shall be made available for use by patrons.
Such lockers shall have separate keys for locking.
(f) The premises shall contain adequate refuse receptacles, which
shall be emptied at least daily.
Subdivision 9. Masseurs and Masseuses Employed in the Business. ...
(a) No such business shall employ or use any person as a masseur or
a masseuse, as defined by MSA 148.33, unless such person is registered with the
Minnesota State Board of Medical Examiners as provided by MSA 148.33 through
148.511. Such statutory sections are hereby incorporated by reference as a
part of this ordinance.
(b) Any person acting as a masseur or a masseuse in any such bus-
iness shall have his registration certificate or a true copy thereof displayed
in a prominent place on the licensed premises.
(c) Whenever a massage is given it shall be required by the masseur
or masseuse that the person who is receiving the massage shall have his buttocks,
anus and genitals covered with an appropriate non-transparent covering.
(d) Any masseur performing any massages shall at all times have his
anus, buttocks and genitals covered with a non-transparent material.
(e) Any masseuses performing massages shall at all times have her
breasts, buttocks" anus and genitals covered with a non-transparent material.
(f) No person shall engage in providing services as a masseur or
masseuse without being licensed by the City Council of the City of Hastings.
(g) A masseur or masseuse shall apply to the City Council of the City
of Hastings for a license to provide services by paying a license fee of $25.00
at the City Clerk's office and by completing an application form prepared by the
City Clerk, Such application shall include:
(i) The name, age and address of the applicant;
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(ii) The length of experience in this occupation and the past
places of employment and position held; and
(iii) A description of any crime or other offense including the
time, place, date and disposition for which the applicant
has been arrested or convicted.
Such application shall be accompanied by the following:
(iv) A true copy of the applicant's State Registration
Certificate as provided by Minnesota Statutes, Section
138.22 through 138.51;
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(v) Photographs of the applicant taken by the Hastings
Police Department showing both the front and side
view; and
(vi) A complete set of fingerprints taken by the Hastings
Police Department.
Such application shall be processed in the same manner as
provided for with reference to the application for a sauna - massage parlor
license.
(h) No sauna and/or massage parlor for which a license has been
granted by the City shall be open for business unless and until any masseurs
or masseuses employed in the business have first complied with the registra-
tion requirements of this ordinance.
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(i) A license for a masseuse or masseur may be denied or rescinded
upon anyone of the following grounds:
(i) Fraud or deception in the license application;
(ii) Applicant/licensee has a history of violations of laws and
ordinances that apply to health, safety or moral turpitude;
(iii) Applicant/licensee is of bad repute;
(iv) Applicant/licensee is convicted of an ordinance or State
statute violation arising within the business establish-
ment to which a sauna and/or massage parlor license was
granted under this ordinance; and
(v) Applicant/licensee has been convicted of crimes or offenses
involving sexual misconduct.
(j) All saunas will be open to the general public but, only a regis-
tered masseur will be allowed to massage male customers and a registered fe-
male masseuse will be allowed to massage female customers.
Subdivision 10. Restrictions Involving Minors.
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No person under the age of 18 years shall be permitted at any time
on the licensed premises as a customer, guest or employee unless accompanied
by his or her parent or guardian.
Subdivision 11. Inspection.
Any duly authorized law enforcement officer, Health Officer or
Building Inspector shall be allowed to inspect the licensed premises at rea-
sonable times and hours to insure compliance with all provisions of this
Ordinance.
Subdivision 12. Identification of Employees.
Upon demand by any Police Officer, any person engaged in providing
services in any licensed premises shall identify himself giving his true legal
name and his correct address.
Subdivision 13. Hours.
No customers or patrons shall be allowed to enter the licensed pre-
mises after 12:01 a.m. and before 8:00 a.m. No customers or patrons shall be
allowed to remain upon the licensed premises after 1:00 a.m. and before 8:00
a.m. daily.
Subdivision 14. Invalidity.
The invalidity of any part of this Ordinance as declared by a Court
of competent jurisdiction shall not affect the validity of the remainder thereof.
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Subdivision 15. Violaters.
Every person who commits or attempts to commit, conspires to com-
mit, or aids or abets in the commission of any act constituting a violation
of this Ordinance, whether individually or in connection with one or more
other persons or as a principal agent or accessory, shall be guilty of such
offense, and every person who falsely, fraudulently, forcibly or willfully
induces, causes, coerces, requires, permits, or directs another to violate
any of the provisions of this Ordinance is likewise guilty of such offense.
Violation of any provision of this Ordinance shall be a misdemeanor, punish-
able by a fine of not to exceed $300 and imposition of a jail sentence not
to exceed 90 days. Each violation shall constitute a separate offense.
Subdivision 16. Conflicting Ordinances Repealed.
All ordinances and parts of ordinances in conflict herewith are
hereby repealed.
Subdivision 17. Effective Date.
This Ordinance shall take effect upon its adoption and publication
according to law.
Ayes; all, Nayes; none.
Moved by Councilman Novak, seconded by Councilman Driscoll to go on
record as being in support of Hastings Youth Action Council, and instructing
the Administrative Committee to look into application procedures for Federal
Grant for said Youth Action Council. Ayes; all, Nayes; none.
Moved by Councilman O'Connor, seconded by Councilman Hallbe~g to
refer the request of Willis Olson for annexation to the City of Hastings the
property known as ~ of N.E. ~ (80.18) acres, except the N. 33ft for road in
Section 3, Township 114, Range 17, to the Planning Commission. Ayes; all,
Nayes; none.
Moved by Councilman Driscoll, seconded by Councilman Hallberg to
authorize Jack Anderson Associates to perform a one day traffic study and
report on 12th. Street from T.H. #61 to Eddy Street. Ayes; Councilmen Collins,
Schnirring,) Hallberg, O'Connor, Fischer, Driscoll and Novak. Nayes: Councilman
Kramer. .
Councilman Hallberg moved the first reading of an Ordinance changing
the names of the following Street names in South Hastings, as recommended by
the Planning Commission, as follows:
Present Name New Name
South First Street Twenty First Street
South Second Street Twenty Second Street
South Third Street Twenty Third Street
South Fourth Street Twenty Fourth Street
South Fifth Street Twenty Fifth Street
Motion seconded by Councilman Kramer. Ayes; all, Nayes; none.
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Councilman Kramer introduced the following resolution and moved
its adoption.
RESOLUTION .It 5
ESTABLISHING WORKING CONDITIONS, WAGES AND HOURS
FOR PUBLIC WORKS DEPARTMENT EMPLOYEES IN THE
CITY OF HASTINGS FOR 1974
WHEREAS, the City Council feels that it is for the best interest of
the City of Hastings, the Public Works Department employees, and for their
designated bargaining representatives, Local No. 49, International Union of
Operating Engineers, AFL-CIO, for the purpose of establishing conditions of
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employment of the employees of the Public Works Department and to insure
a friendly spirit of cooperation between the City, its employees, and
their designated bargaining representatives, and to avoid disruption in
the service and operation of said Public Works Department, and to secure
the benefits intended to be derived by the City, its employees, and their
designated bargaining representatives, to adopt the hereinafter set out
rules and regulations covering the employment and working conditions of
the employees of the Public Works Department,
NOW, THEREFORE, BE IT RESOLVED by the City Council that the
following rules and regulations covering the employment of the employees
of the Public Works Department be adopted and place in affect as follows, ~
to wit: l .,
ARTICLE I
q;Eu~p.a$e ...,
1.1 It is the intent and purpose of the parties hereto that this
Agreement shall promote and insure that the practices and pro-
cedures of collective bargaining are conducted in a fair and
orderly way, insofar as such practices and procedures are appro-
priate to the functions and obligations of the City to retain
the right to effectively operate in a responsible and efficient
manner, and are consonant with the paramount interest of the
City and its citizens:
1.2 It is the intention of this Agreement to set forth the entire
Agreement of the parties covering employment conditions, where
not otherwise mandated by a statute, to maintain and increase
individual productivity or quality of wervices, to prefent inter-
ruptions of work and interference with the efficient operation
of the department and to provide an orderly and prompt method for
handling and processing grievances.
ARTICLE II
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R~cognition
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2.1 The City recognizes Local No. 49 of the International Union of
Operating Engineers, AFL-CIO, as the exclusive representative of
all employees employed in the Public Works Department.
2.2 The City shall not enter into any agreements covering terms and
conditions of employment with the employees of the bargaining
unit under the durisdiction of this Agreement either individually
or collectively which in any way conflicts with the terms and
conditions of this Agreement, except through the certified repre-
sentative.
2.3 Neither the Union nor the City shall discriminate against any
employee because of Union membership or non-membership, nor because
of race, creed, sex, color, religious belief or political belief.
ARTICLE III
UnioB:Secut:ity
3.1 The City agrees to deduct from the wages of each Union member,
upon written authorization of the employee, an amount equal to
the regular dues of the Union, such deductions to be made on the
first pay period of each month, and to transmit to the appropriate
designated officer of the Union the total amount so deducted to-
gether with the list of the names of the employees from whose pay
deductions were made.
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3.2 The Union may designate certain employees from the bargaining
unit to act as a committee and shall, within ten (10) days of such
designation, certify to the City in writing of its choice, and
the designation of successors to former committee members.
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3.3 The City agrees to recognize the committee certified by the Union
as provided in this section subject to the following stipulations:
3.4 There shall be no more than two (2) members at anyone time.
3.5 Committee members shall not leave their work stations without the
prior permission of their designated supervisor(s) and they shall
notify their designated supervisor(s) upon return to their work
stations. Permission to leave a work station for Union business
will be limited to not more than two committee members fo r the in-
vestigation and presentation of grievances.
ARTICLE IV
Seniority
4.1 The City hereby does recognize seniority rights and employees shall
be promoted, demoted, laid off, and returned to service according
to their length of service, providing however, that such employees
qualify to perform the work, and provided further, that such em-
ployees shall not establish seniority rights until they have been
employed for thirty (30) days.
ARTICLE V
Grievance Procedure
5.1 DEFINITIONS: Grievance - "Grievance" means a dispute or disagreement
as to the interpretation or application of any term or terms
of this contract. Days - "Days" means calendar days excluding
Saturday, Sunday, and legal holidays as defined by Minnesota Statutes.
Service - "Service" means personal service or by cerfified mails.
Reduced to Writing - "Reduced to writing" means a concise state-
ment outlining the nature of the grievance, the provision(s) of
the contract in dispute, and the relief requested. Answer - "Answer"
means a concise response outlining the employer's position on
the grievance.
5.2 Step I. Whenever any employee or employees have a grievance,
he or they shall meet on an informal basis with the employee's
or employees' immediate supervisor in an attempt to resolve the
grievance within thirty (30) days after the grievance occurred.
If the grievance is not resolved within fifteen (15) days of the
first informal meeting, the grievance may be reduced to writing
by the exclusive representative and served upon the public em-
ployer's designate. Service must be made wi.thin fifteen (15)
days of the last informal meeting. The employer shall, within
five (5) days of receipt of the written grievance, serve his answer
upon the exclusive representative.
5.3 Step II. The employer's representative shall meet with the ex-
clusive representative within seven (7) days after receipt of the
employer's written answer. The parties shall endeavor to mutually
resolve the grievance. If the resolution of the grievance results,
the terms of that resolution shall be written on or attached to
the grievance and shall be signed by all parties. If no agreement
is reached within fifteen (15) days of the first Step II meeting,
the exclusive representative, if he elects to proceed with the
grievance, must proceed with Step III by serving a proper notifi-
cation on the appropriate Step III official(s). Service must be
made within fifteen (15) days of the last meeting. The notifica-
tion shall contain a concise statement indicating the intention
of the party to proceed with the grievance, an outline of the
grievance, the provision(s) of the contract in dispute, and the
relief requested.
5.4 Step III. The employer, its chief administrator, or its special
representative shall meet with the designated exclusive repre-
sentative within ten (10) days after receiving notice of intention
to proceed with the grievance pursuant to Step II. If resolution
of the grievance results, the parties shall reduce the resolution
to writing and sign the memorandum as provided in Step II. If the
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parties. are., unable,to.reach agreement within ten (10) days after
the first Step III meeting, either party may request arbitration
by serving a written notice on the other party of their intention
to proceed with arbitration. Service must be made within fifteen
(15) days of the last meeting.
5.5 If the grievance procedure is provided by a system of civil service
or other such body, the exclusive representative must elect either
to process the grievance through this procedure or the civil ser-
vice or other such body's procedure, and in no event may a grievant
avail himself of both procedures.
5.6 Step IV. The employer and the employee representative shall en-
deavor to select a mutually acceptable arbitrator to hear and
decide the grievance. If the employer and the employee represen-
tative are unable to agree on an arbitrator, they may request the
Director of the Bureau of Mediation Services, State of Minnesota,
a list of five (5) names. The list maintained by the Director of
the Bureau of Mediation Services shall be made up of qualified
arbitrators who have submitted an application to the Bureau. The
parties shall alternately strike names from the list of five (5)
arbitrators until only one (1) name remains. The remaining arbi-
trator shall hear and decide the grievance. If the parties are
unable to agree on who shall strike the first name, the question
shall be decided by a flip of a coin. Each party shall be res-
ponsible for equally compensating the arbitrator for his fee and
necessary expenses, and shall be individually responsible for the
expenses of their own representative and witnesses.
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5.7 The arbitrator shall not have the power to add, to subtract from,
or to modify in any way the terms of the existing contract and his
decision shall be confined to the specific issues of the grievance.
5.8 The decision of the arbitrator shall be final and binding on all
parties to the dispute unless the decision violates any provision
of the laws of Minnesota or rules or regulations promulgated there-
under, or municipal charters or ordinances or resolutions enacted
pursuant thereto, or which causes a penalty to be incurred there-
under. The decision shall be issued to the parties by the arbi-
trator, and a copy shall be filed with the Bureau of Mediation
Services, State of Minnesota.
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5.9 Processing of all grievances shall be during the normal workday
whenever possible, and employees shall not lose wages due to their
necessary participation. For purposes of this paragraph, employees
entitled to wages during their necessary participation in a
grievance proceeding are as follows:
1. The number of employees equal to the number of persons parti-
cipating in the grievance proceeding on behalf of the public
employer, or
2. If the number of persons participating on behalf of the public
employer is less than three, three employees may still parti-
cipate in the proceedings without loss of wages.
5.10 The parties, by mutual written agreement, may waive any step and
extend any time limits in a grievance procedure. However, failure
to adhere to the time limits without waiver will result in a for-
feit of the grievance, or, in the case of the employer, require
mandatory alleviation of the grievance as outlined in the last state-
ment by the exclusive representative or employee.
ARTICLE VI
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Employer Authority
6.1 It is recognized by both parties that it is the perogative of the
employer to operate and manage the affairs of the City in all
respects in accordance with applicable, existing, and future laws
and regulations of appropriate authority and that the prerogatives
and authority which the employer has not official*y and specifi-
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cally abridged, delegated, or modified by this Agreement are
retained by the employer.
6.2 Nothing in this article shall be construed as preventing the
official employee representative from meeting with the employer
and his agents for the purpose of discussing mutual concerns of
the employer and the employees relating to the work situation for
the purpose of maintaining the best possible relationship under
this contract and to provide for the employees' safe and respec-
table conditions of work and for the employer effective and effl~
cient production.
ARTICLE VII
Vacation
7.1 The employees shall be granted the following vacation schedule:
Years of service Days Vacation
1 5
2 to 5 10
6 11
7 12
8 13
9 14
10 15
11 16
12 17
13 18
14 19
15 20
7.2 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 termination, the vacation pay which he has coming to him
at that time on a pro-rata basis. No more than four consecutive
weeks vacation can be taken at one time.
7.3 In computing vacation pay, length of service shall be based upon
the anniversary date of the day an employee commences employment.
7.4 All employees are to be paid their vacation pay prior to their
leaving for their vacation. ?,6- k ~j7r
ARTICLE VIII
Severance Pay
8.1 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 employment, 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 thirty-five percent (35%) of unused sick leave,
based on their current hourly rate, as severance pay. The one-
half day per month accumulated after the 120 days, will not be
considered for severance pay purposes.
ARTICLE IX
Hours of Employment
9.1 The regular work day shall consist of eight (8) hours per day and
the regular work week shall consist of forty (40) hours in any
one week. Overtime shall be paid at the rate of one and one-half
(l~) times the regular hourly rate of pay for all work performed
after eight (8) hours in anyone day, and forty (40) hours in any
one week.
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9.2 All hours worked on Saturdays, Sundays, Holidays and days observed
as legal holidays will be paid at one and one-half times the regu-
lar hourly rate.
9.3 An employee called back to work after he has completed his regular
work day or called out on his day off shall receive a minimum of
two (2) hours pay at the overtime rate.
9.4 On all classifications when full time work is available, senior
employees shall be given the first opportunity to work the full
week if the senior employees are available. There shall be no dis-
ctimination in favor of junior employees. This shall operate with-
in the classification only. "Full-time" work shall be construed
to mean the regular work week or day as defined in the Art1e~e. No'
part-time employees shall be permitted to work until all regular
employees have been given opportunity to work a full eight (8) hours
that day or a full forty (40) hours that week. Nothing contained
herein shall be construed to permit a pyramiding of overtime.
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ARTICLE X
Holidays
10.1 All regular employees of the City who have been in the employment
of the City for more than thirty (30) days shall be entitled to
the following holidays with pay:
New Year's Day - January 1
Washington's & Lincoln's Birthday - the 3rd Monday in February
Memorial Day - the last Monday in May
Independence Day - July 4
Labor Day - the 1st Monday in September
Columbus Day - the 2nd Monday in October
Veterans Day - the 4th Monday in October
Thanksgiving Day - the 4th Thursday in November
Christmas Day - December 25th
Good Friday
providing that such employee shall work his regular work day pre-
ceding such holiday and the day succeeding such holiday, unless
the employee is on vacation or absent from work because of an ex-
cused lick leave, or on account of an industrial accident. In
the event that New Years Day, Independence Day or Christmas Day
should fall on a Sunday, the following Monday shall be celebrated
as the holiday. In the event that New Year's Day, Independence
Day or Christmas Day fall on a Saturday, the preceding Friday shall
be celebrated as the holiday.
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ARTICLE XI
Leave of Absence
11.1 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.
11.2 The Union stewards may be present during discussions regarding
problems involving employees.
11.3 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 XII
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Miscellaneous Working Rules
12.1 No supervisor shall be allowed to operate any equipment when any
regular employee is in a laid off status.
12.2 When it becomes necessary to call an employee to work before his
regular shift, that employee will be paid one and one-half (l~)
times his regular rate of pay, and he will be given the right to
work his regular shift in full at regular rate.
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SICK LEAVE & OTHER LEAVE OF ABSENCE
Sick Leave: All employees of the City shall be entitled to
accumulate one day of sick leave for each month of employment
and allowed accumulation of sick leave up to one hundred twenty
(120) days. Employees shall bank an additional one-half (~)
day per month after the accumulation of the 120 days to be
used only in cases of very prolonged illnesses. 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.
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, grandparent; and spouse's parent,
brother, sister, child or grandparent; and critical illness of
immediate family.
~
/3.73
ARTICLE XIII
Noon Lunch Period
13.1 The noon lunch period will be for thirty minutes on a trial basis
for ninety days (90), with the City having the complete discretion
to either return to a one hour lunch period thereafter, or to con-
tinue said thirty minute lunch ~eriod indefinitely as deemed appro-
priate by the City.
ARTICLE XV
Classification
Street Department
Foreman-Heavy Equipment Opr.
Heavy Equipment Opr.
Light Equipment Opr.
Monthly Wage 1/1/74
$1003.00
973.00
903.00
Water & Sewer Maintenance Dept.
Assistant Superintendent
Maintenance I
Maintenance II
998.00
893.00
868.00
Park Department
Park Keeper I
Park Keeper II
868.00
843.00
Any employee working above his classification shall be paid the rate of the
classification. Said employee shall accumulate 173 hours before payment shall
be made for the higher classification.
,---
Incentive increases for Water and Sewer personnel after voluntary State
Certification shall be automatic.
Class D Waterworks Operator - after 1 year of employment $15.00 per month
Class C Waterworks Operator - after 3 years of employment $25.00 per month
Class B Waterworks Operator - after 5 years of employment $35.00 per month
Class A Waterworks Operator - after 10 years of employment $50.00 per month
ARTICLE XIV
Insurance Benefits
14.1 All regular employees will continue to be covered under the hospita1-
medical-surgical insurance plan adopted by the City~ Full cost of
employee coverage to be paid by the City. Cost of dependent coverage
to be paid by the employee. All regular employees will also receive
a $5,000 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 follows:
Eligibility: Each active, full-time employee who works a
minimum of 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.
Benefit Period: Monthly benefits are payable during the contin-
uance 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 54.
Monthly schedule Amount: Sixty percent (60%) of normal monthly
earning to a maximum benefit of $1,200.
1-994
/3'1.t,L
ARTICLE XV
Wages
15.1 Effective January 1, 1974, an across-the-board increase of $60.00
will be granted to all employees covered by this agreement.
ARTICLE ZVI
Legal Protection
16.1 Employees facing legal charges as a result of their job performance
when they are proceeding under their supervisor's direct orders,
will be defended by the City.
n
\.__J
16.2 Employees involved in litigation because of negligence, ignorance
of laws, nonobservance of laws or as a result of an employee's
judgmental decision on the job will not require municipality legal
protection.
ARTICLE XVII
Agreement Changes
17.1 Amendments or changes may be made to this agreement any time by
either party when approved by the other party.
ARTICLE XVIII
Individual rights
18.1 Employees have the right to join or to refrain from joining the
Union. Neither the City nor the Union shall discriminate
against or interfere with the rights of employees to become or
not become members of the Union and further, that there shall
be no discrimination or coercion against any employee because of
Union membership or non-membership.
ARTICLE XIX
[1
Savings Clause
19.1 This Agreement is subject to the laws of the United States, the
State of Minnesota, and City of Hastings. In the event any pro-
vision 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
provision shall be voided. All other provisions shall continue
in full force and effect.
ARTICLE XX
Term of Agreement
20.1 This Agreement shall be in full force and effect from January 1,
1974 thru December 31, 1974.
ATTEST:~. 4J..7 ~k-,..
Ci Y Clerk/Administrator
o
Councilman Hallberg seconded the motion to adopt said
resolution and the same was passed by the following vote: Ayes, all;
Nayes, none.
~
/..3?f'
Councilman Kramer introduced the following resolution and
moved its adoption:
RESOLUTION SETTING SALARIES
BE IT RESOLVED by the City Council of the City of Hastings,
Minnesota, that the following set-out amounts shall be the salaries,
compensations, wages, or fees for services rendered by the following
officers, appointees and employees of the City effective:
j
I
i
Administrator, Clerk/Treasurer
Accountant
Bookkeeper
Payroll Clerk
Chief of Police
Police Lieutenant
Police Sergeant
Park Superintendent
Street Superintendent
Water Superintendent
Water Department Clerk
Fire Chief
Assistant Fire Chief
Engineering Aide, Steven Pederson
Legal Department (Attorneys)
I,
I
January 1, 1974
Monthly rate
$1250.00
812.50
545.00
571.00
1215.52
109a.. 83
1044.86
984.40
1032.54
1032.54
July 1, 1974
Monthly rate
$560.00
600.00
1258.34
1108.34
1054.16
1016.68
1100.00
1100.00
525.00
1166.66
1041.66
per month effective 1/16/74
1091.40
988.78
$700.00
$21,000.00 per year.
Office Help- Up to $3.33 per hour
Part time labor - Up to $3.25 per hour
Engineer's Sec. I - $3.55 per hour
Engineer's Sec. II - $3.00 per hour effective 1/16/74
Sanitary Landfill Operator - $5.30 per hour
Work based on 173 hours per month.
Department Heads will receive no overtime for time worked over
40 hours per week except by approval of the Cit Council. The Fire Chief
will receive no overtime for Fire Calls but w 11 e paid for Ambulance runs.
The City Clerk or Commissioner of Elections w 11 r ceive his base hourly
rate for extra time worked during any Election
Adopted by the City Council
ATTEST:
~I ,/--I ~~~
i ty Clerk _
r-- Councilman Driscoll seconded the motion to adopt said resolution
and the same was passed by the following vote. Ayes, Councilmen Schnirring,
Collins, Kramer, Hallberg, O'Connor, Fischer and Driscoll; Nayes, Councilman
Novak.
:J:.9.%.
/.3ft
Councilman Driscoll moved the adoption of the following:
*'~
RESOLUTION OF CITY COUNCIL REGARDING
APPOINTMENT AND REAPPOINTMENT OF MEMBERS TO
CITY CHARTER COMMISSION
WHEREAS, the terms of Donald G. Anderson, George Burr, Anthony Kramer,
Jerome Dempsey, Joseph K. Kugler, Edwin Sontag and Donald J. Fluegel as members
of the City of Hastings Charter Commission expired August 1, 1973; and
WHEREAS, Paul Savoie, a member of the City of Hastings Charter
has tendered his resignation due to anticipated moving from the City of
the term of said Paul Savoie to otherwise expire August 1, 1975; and
WHEREAS, Donald G. Anderson, Anthony Kramer, Joseph K. Kugler,
Edwin Sontag and Donald J. Fluegel have requested that they be reappointed to
the commission for an aditiona1 four year term commencing August 1, 1973; and
Commission
Hastings, r -]
l_~
WHEREAS, George Burr and Jerome Dempsey have requested that they not
be reappointed for an additional term; and
WHEREAS, Warren Wellman, Kate (Mrs. Gary) Seibert and James Storkamp
have requested that they be appointed to the Charter Commission;
NOW, THEREFORE, be it resolved as follows:
1. That Donald G. Anderson, Anthony Kramer, Joseph K. Kugler, Edwin
Sontag and Donald J. Fluegel, are recommended for reappointment for an addition-
al four year term on the Charter Commission commencing August 1, 1973.
2. That Warren Wellman is recommended for appointment to the Charter
Commission to complete the unexpired term of Paul Savoie which term will ex-
pire August 1, 1975.
3. That Kate (Mrs. Gary) Seibert and James Storkamp are recommended
for appointment to a four year term on the Charter Commission commencing
effective August 1, 1973.
u
4. That this recommendation shall be referred to the District Court
and shall constitute a request for appointment e City of Hastings
Charter Commission in accordance herewith.
ATTEST:
W ~~T tA~~
City Clerk/Administrator
Wallace H. Erickson
meeting of the
The foregoing was unanimously adopted
City Council of the City of Hastings, Januar 2
E. Petersen
Councilman Hallberg seconded the motion to adopt said
resolution and the same was passed by the following vote: Ayes, all; Nayes, none.
Moved by Councilman Driscoll, seconded by Councilman Fischer that the
bills as audited be approved and the City Clerk be instructed to issue warrants
for same. Ayes, all; Nayes, none.
[]
CLA IMS
JANUARY 21, 1974
I
NAMES
Northern States Power
League of Minn. Municipalities
State Treas, Soc. Sec. Cont. Fund
Metro Paid Chief Fire Officers Ass'n
Minn. State Fire Chiefs Ass'n.
Dakota Co. Fire Chiefs Ass'n.
Wakota Mutual Firemens Aid Ass'n.
Mutual Benefit Life
Dona ld Ha llberg
United Telephone System
N/W Nat'l Bank of Hastings
Postmaster
American Nat'l Bank & Trust Co.
American Nat'l Bank & Trust Co.
N/W Nat'l Bank of Minneapolis
" "" "
"
"
"
"
"
"
"
"
I:
, I
I
V. W. Eimicke
Duluth Convention & Visitors Bureau
Peter McCann
Elizabeth Tingquist
John Yanz
Martin Conzemius
Fra nc is Dummer
R. T. McNamara
Clifford Nordstrom
Henry Emho1tz
Joseph Chylik
Leander Felling
Harold Knoll
Joseph Pavelka
Alfred Altendorfer
Lloyd Gath
J. Tomas Griebling
Samuel A. Sorenson
Charlotte Stoudt
Dorothy Fritze
Arleda Reichert
Charles Barte1ma
Steven Pederson
Arnold Endres
Richard Doffing
Patrick Orman
Marjorie Kelley
Steven Pederson
Thomas P. Simmons
Steven Pederson
Charles Barte1ma
Steven Pederson
Dorothy Ahlberg
Air Comm
American Linen Supply Co.
Beltz Realty
Big V Store
Behrens Auto Supply Co.
Callaghan & Co.
Chapin Publishing Co.
Color Lab of Hastings
Commissioner of Taxation
Dan's Super Va1u
Del's Souths ide 66 Service
A. B. Dick Products Co.
D. L. R. Construction Co., Inc.
Division of Boiler Inspection
Bob Friermuth Const.
A. N. Frey
Lloyd Gath
r-
\
NO.
9432
9433
9434
9435
9436
9437
9438
9439
9440
9441
9442
9443
9444
9445
9446
9447
9448
9449
9450
9451
9452
9453
9454
9455
9456
9457
9458
9459
9460
9461
9462
9463
9464
9465
9466
9467
9468
9469
9470
9471
9472
9473
9474
9475
9476
9477
9478
9479
9480
9481
9482
9483
9484
9485
9486
9487
9488
9489
9490
9491
9492
9493
9494
9495
9496
9497
9498
9499
DISPOSITION
Monthly Billing
Registra tion
P.E.R.A.
Annua 1 Dues
Annual Dues
Annua 1 Dues
Annua 1 Dues
Group Insura nce
Expenses
December Billing
Federal Withholding
Postage
Bond Payment
" "
" "
" "
" "
" "
Application Forms
Registra tion
City Ha 11 Labor
City Hall Clerical'
Dog Catcher Fees
Landfill Attendant
" "
" "
" "
" La bor
Parks Overtime
" "
" "
" Labor
Police Overtime
" "
" "
" "
Police Clerical
Enginee~ing Clerical
" "
Engineering
"
Water Overtime
" "
" "
Water Clerical
Wastewater
"
1973 Construction
1974 Prelim.
" "
Library Petty Cash
Supplies
"
Overpmt. of 1972 Supplement
Supplies
"
Legal Books
Advertisement for Bids
Film Processing
Sales & Use Tax Return
Supplies
Supplies & Labor
Office Supplies
Equipment & Labor
Certificiate of Exemption
Sewatl Servipefor"Mil6-o-Sen
Refill in Fire Extinguisher
Traffic School Expenses
~
1397
AMOUNT
921. 70
75.00
2,155.20
25.00
12.50
10.00
10.00
215.96
6.56
620.12
2,622.90
120.00
10,288.50
14,060.06
20~516.00
4,237.50
17,082.50
552.50
20.00
66.00
,10'.82
145.46
22.00
44.49
38.14
38.14
39.99
266.68
21. 33
104.37
107.66
280.24
24.03
85.43
9.36
88.55
117.98
135.31
94.00
75.20
101.62
66.67
45.68
7.07
168.67
32.45
66.97
2.70
113.33
5.41
18.56
66.30
62 .28
12.95
1.49
224.08
37.50
25.11
6.34
1,136.54
5.15
33.35
247.40
238.00
10.00
2,500.00
14.50
4.50