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cp08-23-1971 cAGENDA HUTCHINSON CITY COUNCIL AUGUST 23, 1971 CALL TO ORDER: 7:30 P.M. INVOCATION: REVENRED W. MARTH ?. MINUTES TO BE CONSIDERED: REGULAR MEETING, AUGUST 9, 1971 SPECIAL MEETING, AUGUST 13, 1971x CONSIDERATION OF CURRENT BILLS �• TRANSFERS/INVESTMENTS FOR CONSIDERATION: S. F. #2.: $3200 8:00 P.M. OPENING OF PROPOSALS FOR RECREATION BUILDING NEW BUSINESS REQUEST FOR STREET LIGHT )�7�i1 OLD BUSINESS 7. CONSIDERATION OF RECOMMENDATION OF PLANNING COMMISSION: PREZONING ZIEMER PROPERTY 8. SECOND READING ORDINANCE NO. 404: CONTROLLING DUTCH ELM DISEASE REPORTS 9. PLANNING COMMISSION MINUTES 10. STATEMENT FOR THE MONTH OF sJULY J REGULAR COUNCIL MEETING GENERAL FUND Audley Jorgenson Charles Stombaugh Dorothy Hassman Karen Jensen Kenneth Root Frank Englehart Hutchinson Utilities Municipal Electric Platit Municipal Water Dept. Hutchinson Telephone Co. State Treasurer-PERA Junker's Santitation Service Don Kost League of Minnesota Municipalities Thomas E. Mealey Oswald Publishing Co. Keefe, Schantzen & Bradford Farmers Elevator Ass'n Citizens InsuranceaAgency Grams Insurance Agency Standard Printing Co. Hutchinson Leader The Typewriter Shop U. S. Leasing Mid West Carbon Co. Franzen's Hardware Allen Office Supply 3 M Business Products Sales Stearnswood, Inc. Sears, Roebuck & Co. Hutchinson sheet Metal American Linen Supply Harold Schmeling Quade's Family Rexall Drug City of Minneapolis Leef Bros. Inc. Persian Office Machines Uniforms Unlimited Rite -Way Auto Wash Hutchinson Wholesale Supply Co. Frank Motor Co. Inc. Wally's Tire Center Gambles Hutchinson Cleaners Neil Jensen August 9, 1971 Police Reserve 115.00 Police Reserve 8.00 Police Dispatch 139.50 Police Dispatch 18.00 Police Dispatch 18.00 Terminal Wages 166.65 Utilities 17.15 Utilities 143.07 Utilities 39.30 Communications 293.73 Employer Contributions 2,137.69 July Service 6,238.80 Meeting with Governor -St. Paul 19.05 Membership Dues 674.00 Senior Citizen Housing-Mpls 14.10 Supplies -C1. of Court 38.65 Professional Services 50.00 Dog Food 5.34 Plate Glass Policy 60.00 Park Dept. Tractor 11.00 Office Supplies 444.20 Publications 8.10 Office Supplies 3.60 Rental -Acct. Machine 337.76 Office Supplies 9,71 Office Supplies .35 Office Supplies 3.15 Office Supplies 445.36 Maintenance 1.98 City Hall Repais 18.49 City Hall Supplies 1.13 July Services 14.40 July Car Expense 110.00 Supplies 13.24 Supplies -Police Dept. 45.84 Prisoner Board 216.00 Supplies 16.00 Rental, Typewriter & Stand 102.45 Police Clothing & Supplies 67.04 Car Maintenance 7.00 Police Dept. Supplies 4.68 Car Maintenance 27.15 Car Maintenance 53.75 Battery-Pdlice Dept. 28.20 Cleaning Blankets 4.50 Crime Commission -Waseca 25.87 REGULAR COUNCIL MEETING - 2 - August 9, 1971 GENERAL FUND (cont) Lawyers Co-operative Publishing Co. Family Rexall Drug Standard Printing Co. Hutchinson Fire Dept. Gambles Lamberts Hi -Way Service Hutchinson Fire Dept. National Fire Protection Assn Minn. Valley Testing Labs. Quade's PARK DEPT. Brian Dobberstein Ed Westphal Norman Wright Hutchinson Utilities Municipal Electric Plant Hutchinson Telephone Co. Simonson Lumber Co. Rockite Silo Inc. Quade's Hutchinson Manufacturing & Sales Schramm Implement United Building Centers Farm & Home Dist, Co. Zila Hardware Clyde Gregor Game Time Inc. Felska'.s Auto Machine Service Wigen Chevrolet Co. G. T. C. Auto Parts 0. A. Bretzke & 6on, Inc. Roy's Tire Service Hutchinson Wholesale Supply Co. Plowman's Inc. Books -Juvenile Office 49.95 Supplies -Juvenile Office 15.18 Office Supplies -Juvenile Office 92.10 Transfer -Fire Truck 5,000.00 Fire Dept. Supplies 2.45 Fire Dept. Gas 9.54 Fire Runs 170.00 Subscriptions -Fire Dept. 37.80 Water Testing 16.50 Repair of -Switch & Bal. of & Supplies Generator 845.57 19,456.67 Labor 154.00 Labor 176.00 Labor 143.50 Utilities 6.39 Utilities 159.45 Communications 11.54 Maintenance & Supplies 22.87 Cement 61.40 Repairs 6.50 Maintenance 6.65 Maintenance 8.00 Cribbing 59.80 Barrel Pump 6.69 Maintenance & Repairs 24.97 Repair -Roof of Bath House 45.00 Playground Equipment 1,304.00 Maintenance & Repair 147.74' Maintenance 2.90 Maintenance.54 Tools 26.20 Maintenance 98.35 Maintenance 2.48 Towing 10.00 2, F8 97 REGULAR COUNCIL MEETING - 3 - August 9, 1971 CEMETERY Thomas Nemitz Labor 54.25 William Priebe Labor 78.75 Standard Printing Co. Office Supplies 47.95 A. A. Jorgensen Maintenance 4.00 Murphy Granite Carving Maintenance 15.00 G. F. Nemitz' Sons Supplies 13.90 Everts Oil Co. Gas 6.25 Felska's Auto Machine Service Repair 18.80 238.90 RECREATION Tamara Brandt Labor 291.50 Judy Bretzke Labor 30.00 Jerry Carlson Labor 82.50 Steve Chernausek Labor 233.13 Jane. Hoel Labor 30.00 Ted May Labor 155.50 Dave Mooney Labor 240.00 Marty Ogren Labor 50.00 Scott Powers Labor 50.00 Jill Prihoda Labor 120.00 Tom Tapper Labor 180.00 Hutchinson Telephone Co. Communications 19.97 Quade's Inc. Baseballs & Tennis Ball 75.29 Municipal Electric Plant Utilities 25.25 Municipal Water Dept. Utilities 7.85 Hutchinson Utilities Utilities 3.30 Gopher Athletic Supply Co. Shirts & Bats 452.16 Gager's Handicraft Arts & Crafts 32.45 Leonard Miller Transportation 150.88 Jerome Reiner Refund -Swimming Lessons 6.00 Allen Office Supplies Office Supplies 7.50 Franzen's Hardware Supplies 3.84 Carlson Pharmacy First Aid Supplies 2.04 Rod Keith City Mileage 41.10 2,290.26 ROAD AND BRIDGE Richard Jensen Labor 202.50 Russell Hurt Labor 168.00 REGULAR COUNCIL MEETING - 4 - August 9, 1971 ROAD AND BRIDGE (cont) Hutchinson Utilities Utilities 11.40 Municipal Electric Plant Utilities 1,522.35 Hutchinson Telephone Co. Communications 28.45 Bellkato Co. Office Supplies 1.20 Allen Office Supply Markers 9.48 Hutchinson Iron & Metal Co. Pipe 3.20 Frank Motor Co. Maintenance 11,85 Albinson Office Supplies 56.16 Stearnswood, Inc. Supplies 90.00 G. T. C. Auto Parts Maintenance 37.49 Standard Printing Co. Office Supplies 44.60 Culligan Water Conditioning Salt 8.00 Atkinson Blacktop Service Blacktop 339.90 Hall Equipment Inc. Maintenance & Repairs 31.56 Hassan Valley Twp. Clerk Gravel 47.61 Roy's Tire Service Maintenance 20.23 Schramm Implement Repairs 94.21 Simonson Lumber Co. Cement 1.85 Wigen Chevrolet Co. Repairs 15.35 Hutchinson Wholesale Supply Co. Maintenance 6.68 Home Gas Co. Utilities 154.50 Richards Oil Co. Road Oil 31,324.13 Ziegler, Inc. Caterpillar Rental 300.00 Zila Hardware Supplies 78.29 Duininck Bros, & Gilchrist Advance on Project Costs 13,429.80 20., 038.79 WATER AND SEWER William Karl Labor 160.00 Michael Tucker Labor 56.00 Hutchinson Utilities Utilities 25.13 Municipal Electric Plant Utilities 2,995.49 Hutchinson Telephone Co. Communications 51.49 Bob's Shell Service Maintenance 24.75 Hutchinson Sheet Metal Cement 1.95 Neptune Meter Co. Meters 939.00 Schramm Implement Maintenance 14.85 Frank Motor Co. Repairs 32.80 Family Rexall Drug Supplies 2.50 Zila Hardware Supplies 7.53 Standard Printing Co. Office Supplies 133.50 Kenneth Plihal Waste Water School -Litchfield 15.00 Quade's, Inc. Supplies .75 Waldor Pump & Equipment Co. Expansion Joint -Well #5 214.72 'REGULAR COUNCIL MEETING - 5 - August 9, 1971 WATER AND SEWER (cont) Village of Plymouth Meters 965.00 Water Products Co. Keys 37.12 Frederickson's Inc. Well Repair 672.00 Hawkins Chemical Inc. Chlorine & Fluoride 260.12 Rannow Electric Fuses 5.64 Wigen Chevrolet Co. Maintenance. 8.50 Hutchinson Drug, Inc. Acid .70 McLeod Co. Landfill July Charges 3.75 6,876.80 MUNICIPAL LIQUOR STORE Distillers Dist. Co. Liquor 1,213.29 Griggs, Cooper & Co. Inc. Liquor 1,849.54 Ed Phillips & Sons Co. Liquor 1,564.26 New Ulm Grocery Supplies 16.48 Pioneer Floor Maintenance Floor Care 40.00 Distilles Dis.t. Co. Liquor 527.12 Griggs, Zoper & Co. Liquor 2,202.78 Ed Phillips & Sons Co. Liquor 1,233.11 Coca-Cola Bottling Co. Coca-Cola 216.40 Seven -Up Bottling Co. Seven -Up 88.90 Lenneman Beverage Dist. Beer 4,651.50 Marsch Distributing Beer 4,223.75 Olivia Bottling Co. Beer 380.70 Premium Distributing Co. Beer 311315.90 Locher Bros. Beer 1,313.50 Hutchinson Telephone Co. Communications 23.16 Municipal Electric Plant Utilities 164.40 Hutchinson Utilities Utilities 1.35 Municipal Water Dept. Utilities 11.80 Earl Sprengler Freight 140.90 Rannow Electric Maintenance & Repair 13.85 Rutz Plumbing & Heating Air Conditioner Repair 21.45 23,224.14 PUBLIC SITES TRUST FUND Anne Stoeckman-Reg. of Deeds Abstracts 127.50 Hutchinson Farm Service Grass Seed 182.96 'REGULAR COUNCIL MEETING - 6 PUBLIC SITES TRUST FUND (cont) Municipal Electric Plant Installation Schramm Implement Plowing Miller & Miller Comfort Station Simonson Lumber Co. Repair West Park House August 9, 1971 84.19 60.00 3,211.00Si 53.75 3,719.40 OFF STREET PARKING Hutchinson Manufacturing & Sales Parking Meter Posts 488.00 SINKING FUND # 3 Northwestern Nat'l Bank of Mpls Interest 7,001.25 SINKING FUND # 11 Juul Contracting Co. 1970-2 Est. #8 Rieke -Carroll -Muller Assoc. Professional Services Duininck Bros & Gilchrist Estimate #8 33,149.84 697.96 18,789.61 52,637.41 REGULAR COUNCIL MEETING AUGUST 9, 1971 The meeting was called to order at 7:30 P.M. by Mayor Kost. Invocation was delivered by Rev. Kuehl. Members present: Aldermen Peterson, Linder, Black and Mayor Kost. Absent: Alderman Alrick. Also present: Administrative Assistant Mealey, Engineer Priebe, Attorney Schantzen. The minutes of the regular meeting of July 26 and special meetings of July 29 and August 4 were approved as submitted on motion by Alderman Black, second by Alderman Linder. The bills having been reviewed, were approved as submitted on motion by Alderman Black, second by Alderman Linder. A letter from Peterson Paulson Associates was received offering to purchase the property at 845 Ash Street (Lot 4, Nyberg's Addition) for $2500.00 plus assessments, and enclosing a check for $50.00 earnest money. It was determined that this offer is in line with the assessed price of the property. Alderman Black moved that the offer be accepted. Alderman Linder seonded the motion and it was carried by affirm- ative vote of all members present except Alderman Peterson who abstained. The Park and Recreation Board recommendation to reject all bids received on the holding vault for the cemetery was discussed and carefully considered. It was the concensus of the Council that it would be best to reconsider this action and set a special meeting for that purpose at 9:30 A.M., August 13. It was moved, seconded and carried that Administrative Assistant be directed to notify the members of the Park and Recreation Board of the special meeting. REGULAR COUNCIL MEETING - 2- AUGUST 9, 1971 Mayor Kost announced appointment of Don Falconer and Ward Haugen to three year terms on the Park and Recreation Board. Alderman Black moved that the appointments be ratified. Alderman Peterson seconded the motion and it was carried. At 8:00 P.M. Mayor Kost called for bids received on project 71-04 as advertised in publication no. 1369. Administrative Assistant Mealey reported one bid received from Hanson Construction Co. and Engineer Priebe read the bid in the amount of $698.00. Having examined the bid, Engineer Priebe reported that it is in order and recommended acceptance. Alderman Black introduced Resolution No. 4076, accepting bid, and moved its adoption. Alderman Linder seconded the motion and it was carried: RESOLUTION N0. 4076 ACCEPTING BID, PROJECT 71-04, SIDEWALK CONSTRUCTION WHEREAS, pursuant to an advertisement for bids for the improvement of Second Avenue SW from the East line of Lot 25, Lynn Addition to a point 33 feet West of the East line of Lot 27, Lynn addition and on the South side of Second Avenue from the East line of Lot 31, Lynn Addition to Dale Street by installation of approxi- mately 800 square feet of concrete sidewalk, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertise- ment: Hanson Construction Co. 10% B.B. $698.75 AND WHEREAS, it appears that Hanson Construction Company of Hutchinson, Minnesota is the lowest responsible bidder, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF HUTCHINSON, MINNESOTA: 1. The mayor and Clerk are hereby authorized and directed to enter into the attached contract with Hanson Construction Company of Hutchinson in the name of the City of Hutchinson for the improvement of Second Avenue SW from the East line of Lot 25, Lynn Addition to a point 33 feet west of the East line of Lot 27, Lynn addition and on the South side of Second Avenue from the Ease line of Lot 31, Lynn Addition to Dale Street by installation of approximately 800 square feet of concrete sidewalk according to the plans and specifications therefor approved by the City Council and on file in the office of the City Clerk. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, ex cept that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. REGULAR COUNCIL MEETING - 3 - August 9, 1971 Administrative Assistant Mealey presented a proposal received from Butler Manufacturing Company for a used stainless steel transport tank trailer for use in sludge hauling in accordance with previous discussion. After brief discussion and review of the specifications Alderman Black moved that the purchase in the amount of $3,250.00 be authorized. Alderman Peterson seconded the motion and it was carried. One trash and refuse affidavit for reduced rate was received and approved on motion by Alderman Linder, second by Alderman Black. Mayor Kost announced that he has had complaints about the Airport being closed up and fuel not available on weekends. A brief discussion was held on the subject and Alderman Black moved that the Administrative Assistant be directed to inform the Airport Commission to see that the matter is taken care of. Alder- man Linder seconded the motion and it was carried. The Planning Commission's recommendation to deny request for variance for Gayle Wick on second consideration was received. Alderman Black moved that the recommendation be accepted. Alderman Peterson seconded the motion and it was carried. The next item on the agenda was presentation of Ordinance No. 400 for final consideration. Alderman Linder introduced the ordinance and moved its adoption. Alderman Black seconded the motion and it was carried, upon second and final reading. ORDINANCE NO. 400 AMENDING ORDINANCE NO. 235 (REZONING DOBRATZ CHAPEL PROPERTY) (TEXT ATTACHED) Consideration was given to Ordinance No. 401 creating a through street on tad Avenue SE. Alderman Linder introduced ordinance 401 and moved its adoption upon second and final reading. Alderman Black seconded the motion and it was carried. ORDINANCE NO. 401 CREATING THROUGH STREET (SECOND AVENUE SE) (TEXT ATTACHED) Alderman Linder then introduced Ordinance No. 402 and moved its adoption upon second and final reading. Alderman Black seconded the motion and all members present having voted affirmatively the ordinance was declared adopted by the City Council ORDINANCE NO. 402 REGULATING THE FLOW OF TRAFFIC ON MERRILL STREET (TEXT ATTACHED) PUBLICATION NO. 1371. PUBLISHED IN THE HUTCHINSON LEADER WEDNESDAY, AUGUST 11, 1971. ORDINANCE NO. 400 REZONING DOBRATZ CHAPEL PROPERTY THE CITY OF HUTCHINSON DOES ORDAIN: The following described real property is hereby rezoned from "R-1" Single Family and Two Family Residential District, to R-2, Multiple Dwelling District: Lot 1, Block 53, South Half City Adopted by the City Council this 9th day of August, 1971. PUBLICATION N0. 1373. PUBLISHED IN THE HUTCHINSON LEADER, W DNESDAY, AUGUST 11, 1971 ORDINANCE NO. 401 AN ORDINANCE ESTABLISHING CERTAIN THROUGH -STREETS IN THE CITY OF HUTCHINSON AND PROVIDING PENALTIES FOR VIOLATION THEREOF The City of Hutchinson does ordain: SECTION 1. That the following named street, to wit: Second Avenue Southeast from Adams Street to its Easterly termination be and the same is hereby declared, established and made through street. SECTION 2. No vehicle shall enter into or upon said street designated as through -street without first coming to a Rill stop before entering into or upon any portion of said designated through -street. SECTION 3. Any person driving or'entering into or upon said through - street with any vehicle without first having come to a full stop before entering the same shall upon onviction thereof, be fined not more than =300 or imprisoned for not more than ninety (90) days. SECTION 4. This ordinance shall take effect and be in force from and after its passage and publication. Adopted by the City Council this 9th day of August, 1971. Mayor omaa E. Healey, City Cleriel PUBLICATION NO. 1374. PUBLISHED IN THE HUTCHINSON LEADER WEDNESDAY, AUGUST 11, 1971 ORDINANCE N0. 402 REGULATING THE FLAW OF TRAFFIC ON MERRILL STREET THE CITY OF HUTCHINSON DOES ORDAIN: SECTION 1. That the following named street, to wit: Merrill Street at the intersection of Fourth Avenue Southwest be and the same is hereby declared, established and made a stop street. SECTION 2. No vehicle shall cross over said Fourth Avenue Southwest while travelling in either direction on Merrill Street without first coming to a full stop before entering into or upon any portion of said Fourth Avenue Southwest. SECTION 3. Any person driving across or entering into or upon said Fourth Avenue Southwest while travelling along said Merrill Street without first coming to a full stop before entering the same shall upon conviction thereof, be fined not more than E300 or imprisoned for not more than ninety (90) days. SECTION 4. This ordinance shall take effect and be in force from and after its passage and publication. Adopted by the City Council this 9th day of August, 1971. r Thomas E. Healey, City C1 rk PUBLICATION NO. "-%75. PUBLISHED IN THE HUTCHINSON LEADER WEDNESDAY, AUGUST 11, 1971 ORDINANCE NO. 403 EMERGENCY -ORDINANCE PROHIBITING LAWN SPRINKLING WHEREAS, the City Council of the City of Hutchinson, Minnesota, on the 12th day of July did adopt Resolution Number 4071 which resolution did ordain that an emergency condition does exist in regard to he municipal water system of the City of Hutchinson and WHEREAS, by reason of said emergency the water pressure in the City's water system has decreased to lhe point where an extremely serious and immediate fire hazard does exist for the people and property in the City of Hutchinson: NOW THEREFORE, THE CITY OF HZTrCHINSON, MINNF,SOTA DOES ORDAIN THAT the Superintendent of the Water Department is hereby directed to shut off the water for a period not to exceed 24 hours, at those residences where lawn watering is observed so long as this present emergency obtains andl BE IT FURTHER ORDAINED that this ordinance is and shall be in.effect until such time as the City Council declares the emergency ended. Adopted by the City Council this 9th day of August, 1971. r' . Kost, Mayor REGULAR MEETING - 4 - AUGUST 9, 1971 Project 71-0f was discussed. The consensus was that since several residents of this short strip of Lewis Avenue are still outside the City Limits and do not wish to annex to the City at this time, it would be in the best interests of the City to postpone the work on the street until such time as all the property owners are assessable. Alderman Linder moved that the project be tabled until such time as requests for annexation are received from the outstand- ing property owners, or until such time as said property owners indicate a willingness to enter into agreement with the City for payment of the improvement. Upon vote being taken, all members present voted affirmatively and Project 71-07 was declared abandoned. The water emergency was brought under discussion. Administrative Assistant Mealey reported many instances of non-compliance with the no lawn sprinkling request. It was agreed that the possible loss of pressure in the event of fire warranted drastic action. Alderman Black then introduced an emergency ordinance authorizing the shut off of water valves where residents refuse to comply and moved its immediate adoption. Alderman Peterson seconded the motion and it was carried. ORDINANCE NO. 403 EMERGENCY ORDINANCE PROHIBITING LAWN SPRINKLING (TEXT ATTACHED) Administrative Assistant Mealey reported one case of Dutch Elm disease discovered in the City and that the tree had been immediately removed. He also presented a model ordinance drafted by the State for consideration. It was reviewed and modified slightly after which Alderman Black introduced the ordinance for its first reading and moved its adoption. Alderman Linder seconded the motion and upon being put to vote, all members present voted aye and it was declared passed on first reading. ORDINANCE NO. 4o4 AN ORDINANCE RELATING TO THE CCNTROL AND PREVENTION OF DUTCH ELM DISEASE WITHIN THE CITY OF HUTCHINSON (TEXT ATTACHED) Administrative Assistant Mealey was directed to write a letter of appreciation to Mr. Stafford, who discovered the diseased tree and reported his findings. The Safety Council's recommendation to make alleys one way on either side of Main Street from the Crow River to 4th Avenue S stimulated discussion on how this might best be accomplished. The discussion was becoming lengthy and it was decided that it would take a more in depth study than time permits and that further, another agency would be better equipped to make a recommendation. Therefore, Alderman Linder moved that the matter be referred to the Chamber of Commerce Parking Committee for recommendation. Alderman Black seconded the motion and it was carried. (PUBLISHED I �E HUTCHLNSON LEADER ON FhIDA1' r.eTEMBER 3 , 19 71 ) PUBLICATION NUMBER 1377 ORDINANCE #404 AN ORDINANCE RELATING TO THE CONTROL AND PREVENTION OF DUTCH ELM DISEASE WITHIN THE CITY OF HUTCHINSON Section 1. The City Council of Hutchinson ordains: Section 2. Declaration of Policy. The City Council of Hutchinson has determined that the health of the Elm trees within the municipal limits is threatened by a fatal disease known as Dutch Elm Disease. It has further determined that the loss of Elm trees growing upon public and private property would substantially depreciate the value of property within the City and impair the safety, good order, general welfare and convenience of the public. It is declared to be the intention of the council to control and prevent the spread of this disease and this ordinance is enacted for that purpose. Section 3. Forester. Subd. 1. Position Created. The powers and duties of the City Forester as set forth in this Ordinance are hereby conferred upon the Park Superintendent. Subd. 2. Duties of Forester. It is the duty of the forester to coordinate, under the direction and control of the council, all activities of the municipality relating to the control and prevention of Dutch Elm disease. He shall recommend.to the council the details of a program for the control of Dutch Elm disease, and perform the duties incident to such a program adopted by the council. Section 4. Dutch Elm Disease Program. Subd. 1. It is the intention of the Council of Hutchinson to conduct a program of plant pest control pursuant.to the authority granted by Minnesota Statutes 1961, Section 18.022. This program is directed'specifically at the control and elimination of Dutch Elm disease fungus and elm bark beetles and is undertaken at the recommendation of the Commissioner of Agriculture. The City Forester shall act as coordinator between the Commissioner of Agriculture and the Council in the conduct of this program. Section 5. Nuisances Declared. Subd. 1. The following things are public nuisances whenever they may be found within the City of Hutchinson: A. Any living or standing Elm tree or part thereof infected to any degree with the Dutch Elm disease fungus Ceratocystis Ulmi (Buisman) Moreau or which harbors any of the elm bark beetles Scolytus Multistriatus (Eichh.) or Hylurgopinus Rufipes (Marsh). B. Any dead Elm tree or part thereof, including logs, branches, stumps, firewood or other Elm material from which the bark has not been removed and burned or sprayed with an effective Elm bark beetle insecticide. Subd. 2. Abatement. It is unlawful for any person to permit any public nuisance as defined in subdivision 1 to remain on any premises owned or controlled by him within the City of Hutchinson. Such nuisances may be abated in the manner prescribed by this ordinance. - 1 - PUBLICATION NUMBER 1377 ` ORDINANCE # 404 CONTINUED AN ORDINANCE RELATING TO THE CONTROL PREVENTION OF DUTCH ELM DISEASE WITHIN THE CITY OF AND HUTCHINSON Section b. Inspection and Investigation Subd. 1. Annual Inspection The forester shal inspect all premises and places within the City as often as practicable to determine whether any condition described in Section 5 of this ordinance exist thereon. He shall investibate all reported incidents of infestation by Dutch Elm fungus or elm bark beetles. Subd. 2. Entry on Private Premises. The forester or his duly authorized agents may ,enter upon private premises at any reasonable time for the purpose of carrying out any of the duties assigned him under this ordinance. Subd. 3. Dia nosis. The forester shall, upon finding conditions indicating Dutch Elm infestation, immediately send appropriate specimens or samples to the commissioner of Agriculture for analysis, or take such other steps for diagnosis as may be recommended by the commissioner. Except as provided in Section 8 no action to remove infected trees or wood shall be taken until positive diagnosis of the disease has been made. Sec_ t_ ion 7. Abatement of Dutch Elm Disease Nuisances. Subd. 1. In abating the nuisances defined in Section 5, the Forester shall cause the infected tree or wood to be sprayed, removed, burned, or otherwise effectively treated so as to destroy and prevent as fully as possible the spread of Dutch Elm disease fungus and elm bark beetles. Such abatement procedures shall be carried out in accordance with current technical and expert opinions and plans as may be designated by the Commissioner of Agriculture. Section 8. Procedure for Removal of Infected Trees and Wood. Subd. 1. Whenever the Forester finds with reasonable certainty that the infestation defined in Section 5 exists in any tree or wood in any public or private place in the City, he shall proceed as follows: A. If the forester finds that the danger of infestation of other elm trees is not imminent because of elm dormancy, he shall make a written report of his findings to the Council which shall proceed by (1) abating the nuisance as a public improvement under Minnesota Statutes Ch. 429 or (2) abating the nuisance as provided in Subd. 2 of this Section. B. If the forester finds that danger of infestation of other elm trees is imminent, he shall notify the abutting property owner by certified mail that the nuisance will be abated within a specified time, not less than 5 days from the date of mailing of such notice. The Forester shall immediately report such action to the Council, and after the expiration of the time limited by the notice he may abate the nuisance. Subd. 2. Upon receipt of the Forester's report required by Subd. 1, part A, the Council shall by resolution order the nuisance abated. Before action is taken on such resolution, the council shall publish notice Of its intention to meet to consider taking action to abate the nuisance. This notice shall be mailed to affected property owners and published once no less than one week prior to such meeting The notice shall state the time and place of the meeting, the streets affected, action proposed, the estimated cost of the abatement, and the proposed bases of assessment, if any, of costs. At such hearing or adjournment thereof, the Council - 2 - PUBLICATION NUMBER 13; ORDINANCE 4404 CONTINUED AN ORDINANCE RELATING TO THE CONTROL AND PREVENTION OF DUTCH ELM DISEASE WITHIN THE CITY OF HUTCHINSON shall hear property owners with reference to the scope and desirability of the proposed project. The Council shall thereafter adopt a resolution confirming the original resolution with such modifications as it considers desirable and provide for the doing of the work by day labor or by contract. Subd. 3 The Forester shall keep a record of the costs of abatements done under this Section and shall report monthly to the City Clerk all work done for which assessments are to be made stating and certifying the des- cription of the land, lots, parcels involved and the amount chargeable to each. Subd. 4. On or before September 1 of each year the Clerk shall list the total unpaid charges for each abatement against each separate lot or parcel to which they are attributable under this ordinance. The Council may then spread the charges or any portion thereof against the property involved as a special assessment under Minnesota Statutes Sec. 429.101 and other pertinent statutes for certification to the county auditor and collection the following year along with current taxes. Section 9. fraying Elm Trees. Subd. 1. Whenever the Forester determines that any elm tree or elm wood within the City is infected with Dutch Elm fungus, he may spray all nearby high value elm trees, with an effective elm bark beetle destroying concentrate. Spraying activities authorized by this Section shall be conducted in accordance with technical and expert opinions and plans of the Commissioner of Agriculture and under the supervision of the Commissioner and his agents whenever possible. Subd. 2. The notice provisions of Section 8 apply to spraying operations conducted under this Section. Section 10. Transporting Elm Wood Prohibited. Subd. 1. It is unlawful for any person to transport within the City any ark -bearing elm wood without having obtained a permit from the forester. The forester shall grant such permits only when the purposes of this ordinance will be served thereby. Section 11. Interference Prohibited. It is unlawful for any person to prevent, delay or interfere with the Forester or his agents while they are engaged in the performance of duties imposed by this ordinance. Section 12. Penalty. Any person, firm or corporation who violates Sections 11 or 12 of this ordinance is guilty of a misdeameanor and may be punished by a fine of not to exceed $300.00 or imprisonment for $90 days. Section 13. This ordinance is effective from and after its passage and publication. Adopted by the Council this 23rd day of August, 1971. Don 0. Kost Mayor Thomas E. Mealey, City Clerk t— REGULAR COUNCIL MEETING - 5 - AUGUST 9, 1971 A letter of resignation was received and considered from Arthur Clapp, Sextant at Oakland Cemetery. It was noted that he is the oldest city employee , both in age and term of service, 33 years. Mayor Kost expressed his appreciation for Mr. Clapp's services and accepted the resignation regretfully. Alderman Black then introduced the following resolution and moved its adoption. Alderman Linder seconded the motion and it was carried by unanimous vote of all members present. RESOLUTION N0. 4077 COMMENDING ARTHUR CLAPP (TEXT ATTACHED) A letter from Donald Dobratz enclosing a check for $901.40 in payment for Sanitary sewer and water assessment against his property, lot 3 of auditor's plat of NW 34 of section 116 North, Range 30 West (Second and Lake), Roll 13, was received and considered. He stated that he feels that payment of interest from 1960, or the alternative of payment at the present rate of $4.50 per lineal foot is unjustifiable inasmuch as he had made an agreement with the then City officials that he would not be assessed in exchange for easement given free and clear for the construction of Lake Street. Extensive discussion was held during which Council attempted to determine what the original agreement was in 1960 inasmuch as it was undoubtedly a verbal agreement since no record of it still exists. At length, Alderman Black moved that the check from Mr. Dobratz in the amount of $901.40 be accepted in full payment of the subject assessment and in consideration of the contribution of additional easements given the City by Mr. Dobratz. Alderman Linder seconded the motion and it was carried. At 8:30 P.M. Mayor Kost called for bids received on Project 71-08 as advertised in publication No. 1368. Administrative Assistant Mealey reported one bid received from Juul Construction Company, opened the bid and gave it to Engineer Priebe who read the bid as follows: B.B.: 10%; Total Bid: $ 3,732.50. Engineer Priebe examined the bid and reported that the prices are in accordance with current rates and recommended that it be accepted. Alderman Black introduced Resolution No. 4078, accepting bid and moved its adoption. Alderman Linder seconded the motion and it was carried by unanimous vote of all members present. RESOLUTION NO. 4078 ACCEPTING BID - PROJECT 71-08 (TEXT ATTACHED) In further consideraon of i.dewalk construction, Alderman Black moved that the Engineer be directed to draw plans and specifications for sidewalk and gutter to slope to the street to accommodate wheel chairs and other disabled. The motion was unanimously adopted. There being no further business before the council, the meeting was declared adjourned at 10:09 P.M. SPECIAL MEETING - CITY COUNCIL AND PARK AND RECREATION BOARD AUGUST 13, 1971 The meeting was called to order at 9:30 A.M. by Mayor Kost. Members of the Council present were: Alderman Black and Alderman Peterson as well as Mayor Kost. Members absent: Aldermen Linder and Alrick. Park and Recreation Board members present: Ward Haugen, E. Daggett, S. Beytien. Members absent: Don Falconer, M. Lueneburg, Dr. Chernausek. Also present: Administrative Assistant Mealey, Engineer Priebe, Park Superintendent Roberts. Mayor Kost explained that the purpose of the meeting was to reach a satisfactory agreement on the holding vault for the cemetery. The bid of Dammahn Construction Company was carefully considered and discussed at length. There was also considerable discussion concerning the design and it was determined that minor alterations up to the amount of 10per cent of the bid price would be permissible. At the termination of the deliberations, Alderman Black moved that the bid of Dammann Construction Company, Lester Prairie be accepted. Alderman Peterson seconded the motion and it was carried by affirmative vote of all members of the Council present. Engineer_ Priebe requested authority to submit final estimate for payment on the Airport construction project. After due deliberation Alderman Black moved the authority be granted as requested. Alderman Peterson seconded the motion and it was carried. There being no further business before the assembly, the meeting was declared adjourned at 10:37 am.