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cp07-27-1970 cHUTCHINSON CITY COUNCIL AGENDA REGULAR MEETING MONDAY, JULY 27, 1970 r 1. CALL TO ORDER: 7:30 P.M. 2. INVOCATION: Rev. Wesley Gerber 3. MINUTES: REGULAR MEETING , JULY 13, 1970 4. CONSIDERATION OF BILLS NEW BUSINESS 5. BID OPENING: GASOLINE AND DIESEL BIDS 6. APPOINTMENTS TO BOARDS: Hospital Board - Mrs. Moehring HRA - Donald Flynn 7. FIRST READING: ANNEXATION ORDINANCE - MINI MODS PROPERTY 8. OFF STREET PARKING REQUEST - ZACHOW PROPERTY 9. FIRST READING : ORD— �iSANCE N0. 375 -ANNEXING --S --BUEHLEk PROPERTY OLD BUSINESS 10. ORDINANCE NO. 372, PROHIBITING OPEN BURNING: SECOND READING 11. ORDINANCE NO. 373,,CREATING PARK AND RECREATION BOARD: SECOND READING REPORTS 12. Sewer and Water Easements: Shady Ridge 13. MINUTES: PLANNING COMMISSION 14. MINUTES: RECREATION BOARD 15. MINUTES: PARK BOARD 16. MINUTES: LIBRARY BOARD ADJOURNMENT /0 (PUBLISHED IN THE HUTCHINSON LEADER ON WEDNESDAY, JULY X, and on WEDNESDAY, JULY 15, 1970) PUBLICATION NO. 1284 Sealed bids will be received at the office of the City Clerk in the City Hall, 37 Washington Avenue West, Hutchinson, Minnesota, up to the hour of 7:30 P.M. on the 27" day of July, 1970 for the furnishing of: Approximately 25,000 gallons of regular type gasoline, delivered to the City's storage tanks in bulk as required. Approximately 2,500 gallons of No. 1 and No. 2 diesel fuel, delivered to the City's storage tanks in bulk as required. Bids will be publicly opened and all bid prices read aloud in the Council Chambers at 8:00 P.M. on July 27th, 1970. Specifications will be those published specifications of the State of Minnesota, a copy of which are on file in the office of the City Clerk. No bids will be considered unless sealed and filed with the City Clerk of Hutchinson, clearly marked as to the item being bid and accompanied by cash, certified check or bidder's bond payable to the City of Hutchinson, for five percent (5%) of the amount bid (to be forfeited as liquidated damages in the event the bid be accepted and the bidder shall fail to enter promptly into a written contract). The City Council reserves the right to reject any or all bids and to waive informalities. Thomas E. Mealey, City Clerk 61 ORDINANCE # 374 AN ORDINANCE EXTENDING THE CORPORATE LIMITS OF THE CITY OF HUTCHINSON AND ANNEXING THERETO CERTAIN LAND FORMERLY LOCATED IN THE TOWNSHIP OF HUTCHINSON THE CITY OF HUTCHINSON DOES ORDAIN: Section 1: A petition has been filed with the governing body of the City of Hutchinson by James E. Paulson and Richard J. Peterson, being 100% owners of the following described real property, to have said property annexed and included within the corporate limits of the City of Hutchinson, County of McLeod, State of Minnesota, to wit: That part of the Southwest quarter of the Southwest quarter of section 32, township 117 North, range 29 West, which lies Northerly of a line parallel with and distant northerly 35 feet, measured at right angles thereto, from the center line of the main track of Minnesota Western Railway Company, and Southwesterly of a line parallel with and distant southwesterly 25 feet, measured at right angles thereto, from the center line of the track of the Minnesota Western Railway Company, known as the Hutchinson Tile Spur, as said tracks are now located and constructed across the Southwest corner of said section. Section 2: The quantity of land embraced within the foregoing description and bounded as described, is one third acre more or less. Section 3: The City Council hereby determines that the annexation will be to the best interests of the City of Hutchinson and the territory affected, and that the territory described herein abuts upon the City and is so conditioned as properly to be subjected to City government. Section 4: Therefore, the City of Hutchinson, Minnesota, hereby declares and ordains that the property hereinbefore described be and the same is annexed to and included in the City of Hutchinson as effectively as if it had originally been a part thereof. Section 5: This ordinance shall be final and shall take effect and be in force from and after its passage and publication and after filing a certified copy thereof with the Minnesota Municipal Commission, McLeod County Auditor and the Secretary of State for the State of Minnesota. Adopted by the City Council this day of 91970 Don 0. Kost, Mayor Thomas E. Mealey, City Clerk ORDINANCE NO. -s7-1- AN ORDINANCE PROHIBITI iG OPEN BURNING IN THE CITY OF HUTCHIN SON, MINNEOSTA. THE CITY OF HUTCHINSON DOES ORDAIN: SECTION I. No person shall conduct, cause or permit the disposal of refuse, waste or other solid material by open burning or cause, suffer, allow or permit open burning of any type or manner within the city limits of the City of Hutchinson. SECTION II. Exceptions heref rom may be allowed upon application and the granting of a special permit by the City Council. All applications for a special permit shall be accompanied by a payment of a fee in the amount of Five Dollars ($5.00) and the following are exceptions for which applications may be made: A. Fires purposely set for the instruction and training of public and industrial fire -fighting personnel. B. Fires set for the elimination of a fire hazard which cannot be abated by any other practicable means. C. Fires purposely set for forest or game management in accordance with practices recommended by the Minnesota Department of Conservation, the Minnesota Department of Agriculture and the United States Forest Service. U. The burning of hydrocarbons which must be wasted through the use of atmospheric flares. E. The burning of trees, brush, grass and other vegetable matter in the clearing of land, right-of-way maintenance operations ana agricultural crop burning. SECTION III. This ordinance shall not apply to wood burning fireplaces nor to fires used solely for the preparation of food by barbecuing. SECTION IV. Any person violating any of the provisions of this ordinance shall, upon conviction thereof, be punished by a fine of not more than Three Hundred Dollars ($300) or by imprisonment for a period of not more than ninety (90) days. Adopted by the City Council this day of: , 1970 Don 0. Kost, Mayor Thomas E. Mealey, City Clerk (Publication No. Published in the Hutchinson Leader , 1970.) ORDINANCE NO. 373 AN ORDINANCE CREATING A PARK AND RECREATION BOARD AND PRESCRIBING ITS DUTIES. THE CITY OF HUTCHINSON DOES ORDAIN: SECTION 1. That there is hereby created and established as advi- sory board to be known as the Park and Recreation Board. SECTION 2. That said board shall consist of seven members, six of whom shall be appointed by the Mayor of said City of Hutchinson, with the consent of the City Council of said City, and one member of said City Council, to be designated by said Council. One member of the Planning Commission of said City, designated by the commission, shall be assigned to the Park and Recreation Board a s non-vating'!'del.egate. SECTION 3. The terms of the members first appointed by the Mayor shall be for one, two, or three years, the Mayor to designate in the appointment notices the appointees for each of said respective terms, and the terms of the successors to said appointees shall be for three years except as otherwise provided in section 4 hereof. An appointive member shall continue to serve until his successor is appointed. SECTION 4. Any vacancy in the appointive membership shall be filled by appointment by the Mayor, with the consent of said City Council, and such appointee shall serve for the unexpired term so filled. SECTION 5. Said board shall elect from its membership a chair- man, a vice-chairman, and a secretary, who shall serve for such terms and shall have such powers and perform such duties as may be prescribed in the rules of said board. SECTION 6. Meetings of the board shall be held at such times and places as may be prescribed in the rules of the board or as may be fixed by the chairman, consistent with such rules; provided,however, that at least one meeting shall be held in each calender month. SECTION 7. At least four members of the board, present at a meeting of said board shall constitute a quorum for the transaction of business. SECTION 8. It shall be the duty of said board: (a) To study and determine the park and recreational needs of the City, and to make recommendations to the Mayor and Council in respect thereof, including general and specific matters of policies and of recre- ational programs in furtherance of said needs of the City. i Prdinance No. 373 Page 2 of 2 (b) To make recommendations to the Mayor and Council in respect of the selection of a park superintendent and a recreational superintendent. (c) To submit to the Mayor annually a park and recreational program for the ensuing fiscal year, together with an estimate of the cost thereof. SECTION 9. Any recommendation of the board submitted to the Mayor in writing, which requires action by the City Council to carry it out, shall be submitted by the Mayor to the City Council for its consideration. Upon the final disposition thereof, the Mayor shall promptly advise the board of the action taken thereon. SECTION 10. The members of the board shall serve without compensa- tion, but the reasonable expenses of the board and disbursements of its members, incurred in the performance of its or their official duties, shall be paid by the City. Adopted by the City Council this day of , 1970. Don 0. Kost, Mayor Thomas E. Mealey, City Clerk AGENCY MEMBERS ROBERT C. TUVESON, CHAIRMAN, ALBERT LEA HOMER C. LUICK, VICE CHAIRMAN, MINNEAPOLIS HOWARD A. ANDERSEN, M.D ROCHLSTER JOHN R. BORCHERT, GOLDEN VALLEY MILTON J FELLOWS, WORTHINGTON STEVE J GADLER, P.E., $T. PAUL MACE V HARRIS, CLOQUET MRS. R. C. (DOROTHY) NELSON, DULUTH F. WAYNE PACKARD, MINNEAPOLIS STATE OF MINNESOTA POLLUTION CONTROL AGENCY 717 DELAWARE STREET S.E. (OAK AND DELAWARE STREETS S E.) MINNEAPOLIS 55440 612 - 378-1320 July 20s 1970 lar. Kenneth D. c libel iioute 1 Hutchinson, Minnesota 53350 Dear Mr. pig: JOHN P. BADALICH, P.E., E X E C U`TJ-V E-Di$€C TO R It is a pleasure to inform you that you have fulfilled the re- quirements of the examining committee for wastewater works operator class fICII in accordance with the provisions set forth in the Minnesota voluntary plan for certification of wastewater works operators, and on the recommendation of the examining committee, I am enclosing your certificate which will be effective until May 1, 19--U- Your are to be commended for the effort you have made to meet the requirements for this certificate. JPB/WNS:mm Enclosure cc: Council, c/o Clerk Yours very truly, 'John P. Badalich, P. E. _/ Executive Director IM LEAGUE OF MINNESOTA MUNICIPALITIES Official Cooperative Organization of Minnesota Cities and Villages 3300 UNIVERSITY AVE. S. E., MINNEAPOLIS, MINNESOTA 55414 PHONE 612/373-9992 July 21, 1970 Hutchinson City Council c/o Thomas Mealey, Administrative Assistant 37 Washington Avenue West Hutchinson, Minnesota 55350 Gentlemen of the Council: ?,i 22 23�Q�J �T Lf !`69 ,68L 9 711 7 Each year it seems to be more difficult for the Ludwig Award judges to choose only one or two winners when all the nominees are so highly qualified. Even though your candidate didn't win, we feel it is a high honor to be nominated and so are sending you a Certificate of Commendation which you may wish to present to A. J. Thompson as a permanent reminder of the recognition you have given him. The judges of the award agreed that your community is justified in its respect for such a fine public servant. As you may know, this year's winners were Bruce Nawrocki, Columbia Heights Mayor, for the over 10,000 group and Marvin Hansen, Alexandria Mayor, for those municipalities under 10,000. I want to thank you on behalf of the League of Minnesota Municipalities for your participation in this program. Sincerely, Dean A. Lund Executive Secretary DAL:ra1 EXECUTIVE COMMITTEE, 1969-1970 TRUSTEES President PHILIP COHEN DON O. KOST JAMES DALGLISH Mayor, Brooklyn Center Mayor, Hutchinson Commissioner of Finance, St. Paul JOHN ELWELL EVERETT LECY Vice President City Manager, Montevideo Clerk, Moorhead L. M. MCDONNELL RICHARD ERDALL VINCENT NYBERG Councilman, Duluth Alderman, Minneapolis Mayor, Coleraine Executive Secretary ELIZABETH HEDIN STANLEY OLSON DEAN A. LUND Councilman, Red Wing Mayor, Richfield and President, Director, Municipal Reference Bureau Metropolitan Section University of Minnesota EDWARD L. HENRY Mayor, St. Cloud THOMAS SCOTT Department of Political Science A. E. JACOBSON University of Minnesota Mayor, Thief River Falls NEXT CONVENTION WILLARD L. THOMPSON Duluth, Minnesota RAY JOHNSON Dean, General Extension Division June 10, 11, 12, 1970 Assessor, Mankato University of Minnesota CITY OF HUTCHINSON -MIR t6SOW 55350 OFFICES AT 37 WASHINGTON AVENUE WEST July 23, 1970 TO: Mayor and Council FROM: Administrative Assistant SUBJECT: Fluctuating Water Pressure North Side Gentlemen: We have received several complaints from the community regarding fluctuating water pressure in North Hutchinson recently. We had our water and sewer people run pressure tests throughout the North side to determine the range of fluctuation under all circumstances. Of course, we cannot deny the fact of the fluctuations nor our awareness of the low volume in high use times. These have been apparent for at least two years. We can question, however, claims by one equipment vendor that this fluctuation has damaged equipment. No other supplier has claimed any damage to equipment. Our pressure tests on the line showed variations from 45 pounds to 67 pounds depending on the location. At no time, even when the high service pump came on, did the surge surpass a 3 pound increase. The static pressure ranged from 47 pounds to 60 pounds. No reading was made, under any of the test circumstances, exceeding 67 pounds. Resp tfully submitted, I � -44A-A Thomas E. Mealey TEM: j1 CITY OF HUTC 1-3INSON J(6111PSOi(l 55350 OFFICES AT S7 WASHINGTON AbENUE WEST JuLy 23, 1971) TO: Mayor and Council FROM: Administrative Assistant SUBJECT: Easements - Shady Ridge Road Gentlemen: I have contacted all of the property owners fronting on Shady Ridge Road relative to securing easements to permit the installation of sewer and wter lines to service the area. All of the owners seemed courteous and pleasant, but most were reluctant to grant these easements. Two of the property owners, whose properties comprise about 1,500 feet of frontage refused, under any circumstances, to grant the easements. I would recommend that we either act to condemn for the total necessary easements or consider an alternative route for the service. I have asked the City Engineer to prepare possible alternatives for your consideration. He will have a report at the Council meeting Monday, July 27. Respectfully submitted, Nomas �E.Mealey TEM: jI REGULAR COUNCIL MEETING - 6 - JULY 27, 1970 (b) To make recommendations to the Mayor and Council in respect of the selection of a park superintendent and a recreational superintendent. (c) To submit to the Mayor annually a Park and Recreational Program for the ensuing fiscal year, together with an estimate of the cost thereof. SECTION 9. Any recommendation of the board submitted to the Mayor in writing, which requires action of the City Council to carry it out, shall be submitted by the Mayor to the City Council for its consideration. Upon the final disposition thereof, the Mayor shall promptly advise the board of the action taken thereon. SECTION 10. The members of the board shall serve without compensation, but the reasonable expenses def the board and disbursements of its members, incurred in the performance of its or their official duties, shall be paid by the City. SECTION fl. Ordinance Number 149 as amended by Ordinance Number 159 and all other ordinances, parts of Ordinances, resolutions or parts of resolutions inconsistent with this ordinance are hereby repealed insofar as they are inconsistent. SECTION 12. This ordinance shall be -effective upon its passage and publication. Mayor Kost then announced the following appointments to the Park and Recreation Board and asked Council concurrence: for a term of one year, until August 1, 1971, Donald Falconer and Dr. Eugene May. For a term of two years, until August 1,-1972, Milton Lueneburg and Dr. D. S. Chernausek. For a term of three years, until August 1, 1973, Eugene Daggett and Spencer Beytien. On motion by Alderman Linder, seconded by Alderman Black, these appointments were confirmed, all present voting aye. It being then 8:00 P.M., bids for providing the City's annual needs for gasoline and diesel fuel were opened and read agreeable to notice and call for bids as publiched in the _Hutchinson Leader on July 10th and July 15th 1970. The bids were as follows: Bidder Surety Amount Per Gal. Delivery Skelly Oil Company None 15.6 Tank Wagon Qty St. Paul, Minn. 14.219 Transport Qty 13.7 #2 Diesel -Tank Wgn 12.344 #2 Diesel-Trpt.Qty Standard Oil B.B. 14.59 (60,000 gal) Reg 114 E Armour Blvd $741.08 14.15 #1 Diesel Amoco Kansas City, Mo. 13.15 #2 Diesel Peterson Oil Co. Cert. Ck. .2340 Reg (incl tax) $300.00 .1386 #2 Diesel (No tax) REGULAR COUNCIL MEETING - 7 - JULY 27, 1970 On motion by Alderman Linder, second by Alderman Black, the bid of the Standard Oil Company was accepted and the City Clerk was instructed to notify all bidders of the result of bids, and to return surety bonds and checks to bidders upon entering contract with the Standard Oil Company. A report of the Administrative assistant concerning inability to secure easements for the Shady Ridge sewer and water project was then taken up for discussion. Alternative routes were considered and after discussion with the City Engineer Alderman Black introduced Resolution No. 3067 directing the City Attorney to proceed with condemnation along the proposed route of sewer and water on the Shady Ridge Road for the purposes of securing ease- ments necessary to accomplishment of the project. Alderman Linder seconded the motion and all present voted aye. Whereupon the resolution was declared adopted. (Resolution attached) Mr. Del Rieke, of Rieke, Carroll, Muller, consulting engineers, then presented plans and specifications for reconstruction of Linden Avenue, Lynn Road, Second Avenue and Washington Avenue and informed the Council that the District Engineer, Minnesota Highway Department had approved the plans for State Aid standards. Engineer's estimate of cost was $400,000 for the project. After discussion and review, Alderman Black introduced the following resolution approving the plans and specifications and moved its approval. Alderman Alrick seconded the motion and upon being put to vote all present voted "aye" whereupon the resolution was declared passed. RESOLUTION NO. 3068 Resolution Approving Plans and Specifications and Ordering Advertisement for Bids WHEREAS, pursuant to Resolution No. 3025, passed by the Council on March 9, 1970, the City Engineer and Consulting Engineer retained for the purpose, have prepared plans and specifications for the improvement of: Burns Manor Service Drive Lynn Road between T.H. 15 and WASHINGTON Avenue Linden Avenue between Dale Street and Lynn Road Washington Avenue between Lynn Road and Grove Street Washington Avenue between Franklin Street and Main Street Second Avenue between Franklin Street and Main Street North High Drive between Elm and Maple Street and has presented such plans and specifications to the Council for approval; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF HUTCHINSON, MINNESOTA: 1. Such plans and specifications, a copy of which are attached hereto and made a part hereof, are hereby approved. REGULAR COUNCIL MEETING - 8 - JULY 27, 1970 2. The City Clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and speci- fications. The advertisement shall be published for 3 days, shall specify the work to be done, shall state that bids will be opened and considered by the Council at 2:00 P.M., on August 24, 1970 in the Council Chamber.of the City Hall and that no bids will be consideredlunless sealed and filed with the clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the clerk for 10 per cent of the amount of such bid. The matter of request for variance for addition to the West Side Grocery was taken up. Alderman Linder moved that the Council deny the request on the basis of recommendation by the Planning Commission for denial because ordinance provisions do not allow this variance. Alderman Black seconded. All present voted aye and the variance was denied. A request for a sign at the Northeast corner of Main and First to indicate the location of the McLeod County Historical Society Museum was approved, and variance to allow slight encroachment into street right of way was approved. Reports from the Chief Building Official and City Engineer indicated that no actual obstruction would be made by this encroachment. Several affidavits of hardship for trash and refuse charge reduction were then presented and on motion of Alderman Linder, second by Alderman Black, were approved, all present voting aye. A request from Chief of Police Broderius was presented to permit the use of the City Hall Auditorium for police instruction school between March 1 and April 9, 1971. On motion by Alderman Black, second by Alderman Linder, the request was granted, all present voting aye. Alderman Black then commented on the number of complaints about the arbitrary decisions of the Junker Trash and Refuse service employees. After some discussion, Administrative Assistant Mealey was directed to take up the matter of public relations and community service with Mr. Junker and attempt to reduce the number of complaints. Alderman Linder asked about the deterioration of the new surfacing on the tennis courts and asked that follow-up be made to determine whose responsi- bility the replacement would be. Alderman Linder then raised the subject of bicycle control on downtown sidewalks and asked Administrative Assistant to write for a copy of the Pipe - stone ordinance. A petition for overhead light in the alley between 4th and 5th and Hassan and Jefferson was presented. The Administrative Assistant was directed to discuss the matter with the Utilities Commission relative to extra charge for other than corner lights. A suggestion was then made by Alderman Black that the Superintendent of Utilities be asked to expedite a master plan for street lighting in order to provide for a system of installation which can guide future requests and needs. REGULAR COUNCIL MEETING - 9 - JULY 27, 1970 Alderman Black then asked that the Chief of Police be asked to investigate reports of "U" turns on Main and McLeod North and do whatever is necessary to deter and inhibit this practice. The City Clerk presented a letter from residents of the neighborhood of 4th Avenue SW and Merrill requesting some form of traffic speed control at the intersection because of so many small children.On motion by Alderman Black, second by Alderman Linder, the subject was referred to Chief Broderius for recommendation. There being no further business to come before the Council, motion was made by Alderman Linder, seconded by Alderman Black, to adjourn at 9:03 P.M., all present voting TTaye."