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cp09-08-1969 cITEMS TO BE CONSIDERED September 8, 1969 1. CALL TO ORDER 7:30 P.M. 2. INVOCATION - REV. RALPH KEUTHEA 3. MINUTES TO BE APPROVED: Special Council Meeting, August 25, 1969 Regular Council Meeting, August 25, 1969 4. NEW BUSINESS 4. PRESENTATION OF BILLS 6. Investment of $9,2$5.97 - SF # 2 7. Water/Sewer tap - Mrs. Anna Woller - Lot 9 except 100' RR R/W Block 29 N � City (196 3rd Avenue NW 8. Rollie Balke 9. Request Negotiations T & R Contract 10. Budget OLD BUSINESS H SPECIAL COUNCIL MEETING AUGUST 25, 1969 A special meeting of the City Council was called to order by Mayor Don Kost at the hour of 2:00 P.M. Members Present: Aldermen Linder, Schafer, Alrick; Eng. Priebe, Adm. Asst. Mealey. AAxxxRxzssn bcx 14 dmxx4satxxka3cke?V xaocxx ebex Absent: Alderman Black, Mayor Kost called for bids on Publication No. 1198, Water and Sanitary Sewer Project 1969-1 Part IIj at 2:00 P.M. Five bids were received as follows: BID BIDDER & ADDRESS SECURITY AMOUNT Lametti & Sons Inc. St. Paul, Minn 10% B.B. 176.437.00 Henry deCathelineau 8. Son 178,976.25 Spicer, Minn. None Bid Rejee Eno b+4 Juul Contracting Co. Hutchinson, Minn. 10% B.B. 162,889.00 Three. Way Construction Co. St. Cloud, Minn. 10% B.B. 16890$3.'90 Zontelli & Sons Inc. Ironton, ginn. 10% B.B. 168.075.00 Alderman Linder that bids be referred to the City Enginee _.r for tabulation and report. �111ek and was carried unanimously. Motion was made and seconded to adjourn the meeting at 3:45 P. M. Attest: Secretary of the Co$ncil Regular Council Proceedings August 25, 1969 A Regular Council Meeting was called to order by Mayor Don 0. Kost in the Council Chambers at the hour of 7:30 P.M. Members present: Aldermen Alrick, Black, Linder, Schafer; Adm. Asst..Mealey; Engineer Priebe, Attorney Schantzen Members absent: None Motion was made, seconded and carried to approve the minutes of the following meeting: Regular Meeting August 11, 1969 Motion was made, seconded and carried that the bills be granted and paid out of the proper funds as follows: GENERAL FUND Theophil Grunewaldt Labor 50.40 Wayne Scott Labor 152.00 Luella Oklobzija Labor 30.40 Wm. Marquardt Labor 15.20 - Dorothy Hassman Labor 76.00 Harvey Daharsh Labor 76.00 Harold Schmeling Labor 147.50 Francis Murphy Labor 12.00 John Messner Labor 16.00 Wm. Marquardt Labor 29.00 Bernard Kummet Labor 14.00 Audley Jorgenson Labor 226.00 Internatl. Conf. Bldg. Officials UniformBuilgirig Code 223.00 Berkeley'Pump Co. Equipment 583.50 Minn. Valley Testing Labs. Service 15.00 Motorla Comm. & Electronics Equipment 993.00 REA Express Express 9.73 Minnesco Corp. Legse payment 82.38 Blue Shi&&d of Minn. Monthly ins. premium 830.06 U. S. Leasing Corp. Lease payment 337.76 ROAD & BRIDGE FUND Elmer Paulsen Labor 262.15 Ronald McKay Labor 148.50 Alfred Molitor Labor 262.15 Larry Karg Labor 198.00 Earl Alsleben Labor 242.55 WATER & SEWER FUND Griggs, Cooper & Co. Liquor & Gregory Pearce Labor 157.50 Gene Jensen Labor 159.25 PUBLIC STTES TRUST FUND Marion F. Sahr Land payment 1,450.00 Paul & Clara Riebe Land payment 775.00 LIgUOR STORE Kurth's Foods Supplies 8.53 New Ulm Grocery Co. Supplies 28.41 Ed Hoerner Rent 400.00 Griggs, Cooper & Co. Liquor & wine 949.84 Griggs, Cooper & Co. Liquor & wine 2,457.28 Ed Phillips & Sons Co Liquor & wine 1,254.65 Ed Phillips & Sons Co. Liquor & wine 775.18 Famous Brands, Inc. Liquor 1,038.15 McKesson Liquor Co. Liquor & wine 576.30 Midwest Wine Co. Wine 157.15 Distillers Distrib. Co. Liquor & wine 728.31 Regular Council Proceedings - 2 - August 25, 1969 Attorney Schantzen reported Oath of Office has been administered to Thor Skeie as membersof Housing and Redevelopment Authority. Adm. Asst. Mealey reported there are questions as to legal status of property, ownership, tax responsibility on land city is to purchase from McLeod County pursuant to Resolution No. 2907 adopted June 9, 1969, and stated the matter would be settled as soon as possible, pending settlement of the estate, and council will be advised of progress. Richard Schmidtbauer presentedc/poluRigion from area residents to Renco, Inc. requesting cleanup of obnoxious conditions on their property located on Hwy. 15 South. Adm. Asst. Mealey was requested to follow up. No action taken. Adm. Asst. Mealey recommended that the City Council meet with surrounding towhship boards and County Commissioners to discuss orderly annexations to the City. The Council authorized Mr. Mealey to proceed with setting up such a meeting. Mayor Kost stated the Utilities Commission has Masked for a meeting with the City Council to discuss purchase of land now owned by the city and used for street department garage and asked Adm. Asst. Mealey to set up such a meeting as soon as possible. Adm. Asst. Mealey reported Mr. George Keenan has indicated it his 'intention to retire and he will be submitting resignation as City Assessor. Discussion of replacement. No action taken. The Council approved continuation of sprinkling ban imposed because of _diff difficulties water pap. Chairmanost of the Hospital Board presented Change Order No. E-2 for the hoppital and stated that the Hospital Board recommended its approval. Alderman Linder introduced the following resolution and moved its adoption: RESOLUTION NO. 2940 (attached) Alderman Black seconded the motion to adopt said resolution,'and upon vote being taken all members present voted "aye" and Resolution No.*2940 was declared adopted by the City Council this 25th day of August, 1969. Adm. Asst. Mealey reported all easements required to extend water and sower from the Hutchinson Industrial Park to Ahjirens Highland Park Subdivision have been received except the one necessary from H. E. Lepel. would be Engineer Priebe reported alternate routes amd undesirable and/unduly restrictive to future city expansion. Attorney Schantzen stated condemnation proceedings would be the most advisable method of resolving the question. Alderman Black introduced the following resolution and moved its adoptinn: RESOLUTION NO. 2941 (attached) Alderman Alrick seconded the motion to adopt said resolution, and upon vote being taken all members present voted "aye" and Resolution No. 2941 was' declared adopted by the City Council this 25th day of August, 1969. Adm. Apst. recommended that the city employ two students on the school OEP progron, and that Mrs.Y`Dorothy Smith be employed to replace Fern Hoff during her six monthAA leavelof absence, wh�.Ich would result in an increase:of $1200.00 in cost for labor in the City Clerk's office in the balance of the Fiscal year. Alderman Black introduced the following resolution and moved its adoption: RESOLUTION 190. 2942 .,,(attached) Alderman Schger seconded the motion to adopt said resolutign, and up6n vote being-J,aken all members present voted "aye's and Resolution No. RESOLUTION NO. 22840 RESOLUTION COVERING CHANGE ORDER E-2 ON CONTRACT FOR ELECTRICAL WORK AT THE HUTCHINSON COMMUNITY HOSPITAL WHEREAS, the Hospital Board of the City of Hutchinson has recommended a change in the contract with Brandt Electric, Inc., Olivia, Minnesota, for electrical work at the Hutchinson Community Hospital, NOW CrHEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF HUTCHINSON MINNESOTA: to wit: That Change Order No. E-1 be prepared to cover changes as recommended, 1. Extend the length of the nurse call cable from the control panel to the master at the main nurses' station desk so that these control panels can be brought together in the center of the desk. ADD: $ 253.18 2. Install ten extra boxes and the drop conduit for telephone locations where directed by Owner. ADD: $ 52.12 Total increase in contract amount: ADD: $ 305.30 That the Deputy City Clerk and Mayor are authorized to sign Change Order No. E-2 on behalf of the City of Hutchinson, said change order to apply on the Contract held by Brandt Electric, Inc., Olivia, Minnesota, for electrical work at the Hutchinson Community Hospital. Adopted by the City Council this 25th day of ltugusbfr�969. Attest: &/""i.h"4�itJ liz7 -y,eth C. Jensoh, Deputy City Clerk �r tiX RESOLUTION NO. 13940 RESOLUTION COVERING CHANGE ORDER E-2 ON CONTRACT FOR ELECTRICAL WORK AT THE HUTCHINSON COMMUNITY HOSPITAL At WHEREAS, the Hospital Board of the City of Hutchinson has recommended a change in the contract with Brandt Electric, Inc., Olivia, Minnesota•, for electrical work at the Hutchinson Community Hospital, NOW ('HEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF HUTCHINSON MINNESOTA: That Change Order No. E-1 be prepared to cover changes as recommended, to wit: 1. Extend the length of the nurse call cable from the control * panel to the master at the main nurses' station desk so that these control panels can be brought together in the center of the desk. ADD: 253.18 2. Install ten extra boxes and the drop conduit for telephone locations where directed by Owner. ADD: $ 52.12 Total increase in contract amount: ADD: $ 305.30 That the Deputy City Clerk and Mayor are authorized to sign Change Order No. E-2 on behalf of the City of Hutchinson, said change order to apply on the Contract held by Brandt Electric, Inc., Olivia, Minnesota, for electrical work at the Hutchinson Community Hospital. Adopted by the City Council this 25th day of Augeab#r�969. Attest: �i,lrLLl�i' gA", l liz eth C. Jens , Deputy City Clerk RESOLUTION NO. 2941 WHEREAS, it is necessary, advisable and in the public interest that the City of Hutchinson, McLeod County, Minnesota, construct and establish certain water and sewer lines in the northeast portion of the City of Hutchinson, and WHEREAS, in order to accomplish such purpose it is necessary to acquire an easement for said water and sewer lines in, under, across and through the following described land located in the County of McLeod, State of Minnesota, to -wit: The East 66 feet of Lot Twelve (12) of Auditor's Plat of the West Half of Section 32, Township 117 North, Range 29 West, McLeod County, Minnesota, according to the map or plat thereof on file and of record in the Office of the Register of Deeds, said Countv and State. WHEREAS, the City of Hutchinson is advised and believes -that the most favorable location for said improvements is on the land above described, and WHEREAS, by reason of such refusal to sell said easement above described to the City of Hutchinson it has become necessary to procure said easement by right of eminent domain. NOW THERErORE, BE IT RESOLVED that the City of Hutchinson proceed to procure an easement in the above described land under its right of eminent domain and that the city attorney for said city be and is hereby directed to file the necessary Petition therefore and to prosecute such action to a successful conclusion or until it is abandoned; dismissed or terminated by the City of Hutchinson or by the Court; that the city attorney, the mayor and the clerk do all things necessary to be done in the commencement, prosecution and successful termination of such action. Adopted by the City Council, City of Hutchinson this 25th day of August, 1969. =� (e�' Attest: / Agnes I. Monge, Clerk,-,/ Regular Council Proceedings - 3 - August 25, 1969 Engineer Priebe reported tabulation of bids on Water and Sanitary+,Sewer Project 1969-1 (Part -II) as follows: Lametti & Sons, St. Paul, Minn. 165,187.00 Juul Construction Co., Hutchinson, Minn. 162,889.00 Three -Way Construction Co., St. Cloud, Minn. 163,083.62 Zontelli & Sons, Ironton, Minn. 168,075.00 Henry de Cathelineau & Son, Spicer, Minn. Not tabulated as no bid security and recommended contract be awarded to Juul Construction Co., Hutchinson, low bidder. Alderman Linder introduced the following resolution and moved its adoption: RESOLUTION NO. 2942 (attached.) to adopt said resolution, Alderman Schafer seconded the motion �fx���xnaax��x, and upon vote being taken all members present voted "aye" and Resolution No. 2942 was declared ado,dpted by the City Council this 25th day of August, 1969. Alderman Black introduced the following resolution and moved its adoption: RESOLUTION NO. 2943 (attached) Alderman Linder seconded the motion to adopt said resolution, and upon vote being taken all members present voted "aye" and Resolution No. 2943 was declared adopted by the City Council this 25th day of August, 1969. The Council noted recommendation of the Planning Commission that property of Myron Wigen to be annexed to the city be prezoned as petitioned. Alderman Linder introduced the following resolution and moved its adoption: RESOLUTION NO. 2944 (attached) Alderman Schafer seconded the motion to adopt said resolution, and upon vote being taken all members present voted "aye" and Resolution No. 2944 was declared adopted by the City Council this 25th day of August, 1969. frf 4e, Engineer.,presented the Final Plat of Riverview Hills Addition, and recommended its approval-. Alderman Alrick introduced the following resolution 6.nd moved its adoption: J RESOLUTION NO. 2945 (attached) Alderman Linder seconded the motion to adopt said resolution, and upon vote being taken all members present voted "aye" and Resolution No. 2945 was declared adopted by the City Council -this 25th day of August, 1969. The Council noted recommendation of the Planning Commission that property to be annexed now owned by Richard Schmidtbauer be prezoned 13—/, Alderman Black introduced the following resolution and moved its adoption: RESOLUTION NO. 2946 (attached) Alderman Alrick seconded the motion to adopt said resolution, and upon vote being taken all members present voted "aye" and Resolution No. 2946 was declared adopted by the City Council this 25th day of August, 1969. Engineer Priebe presented report on proposed improvements to service the Myvon Wigen property north of T.H. 7 East and east of Ahrens Highland Park Subdivision, pursuant to Resolution No. 2931. 0 RESOLUTION NO. 2942 RESOLUTION AWARDING BID Water and Sanitary Sewer Project 1969-1, Part II WHEREAS, pursuant to,an advertisement for bids for project known as Water and Sanitary Sewer Project 1969-1, Part II, bids were received, opened and tabul- ated according to law, and the following bids were received complying with the advertisement: a f ADDENDUMS BID CORRECTION BIDDER AND ADDRESS SURETY BID SUBMITTED NOTED BY CITY ENGINEER Lametti d Sons Inc. BID BOND 176,437.00 Yes 165,187.00 St. Paul, Minn 10% Henry deCathelineau d Son. Spicer, Minn. None Bid Rejected Juul Contracting Co. Bid Bond Hutchinson, Minn. 10% 162,889.00 Yes 1629889.00 Zontelli d Sons Inc. Bid Bond Ironton, Minn. 10% 168,075.00 Yes 168,075.00 Three -Way Construction Co. Bid Bond St. Cloud, Minn 10% 163,083.62 Yes 163,083.62 AND WHEREAS', it appears that Juul Contracting 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 Deputy Clerk are hereby authorized and directed tonenter into the attached contract with Juul Construction Company of Hutchinson, Minnesota, in the name of the City of Hutchinson for the project known as Water and Sanitary Sewer Project 1969-1, Part II, according to the plans and specifications therefor approved by the City Council and on file in the office of the City Clerk. 2. The Deputy City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. Adopted by the City Council this 25th day of August, 1969. Attest 6cLiGGlT1 g tom/ Eliz eth C. Jens,46, Deputy City Clerk k t „ r a f RESOLUTION NO. 2943 RESOLUTION COMMENDING JOHN POVOLNY " WHEREAS, John Povolny has served faithfully as a member of the ' Hutchinson Planning Commissicln, and t c WHEREAS, John Povolny has devoted time and talent to service to the City of Hutchinson through his membership on the Hutchinson Planning Commission at little personal "reward to himself, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF HUTCHINSON, MINNESOTA: That the City of Hutchinson does hereby commend and thank John Povolny for his service and help on the Hutchinson BlAnning Commission and appreciates the work done on behalf of the City of Hutchinson. Adopted by the City Council this 25th day of August, 1969.• Attest E1 abeth C. Jen n, Deputy City Clerk El b RESOLUTION NO. 2944 RESOLUTION ADOPTING PERMANENT ZONING PRIOR TO ANNEXATION (Wigen Annexation) WHEREAS, Section 4 -A -2-b of Ordinance No. 245 states that land proposed to be annexed to the City of Hutchinson is to be permanently zoned and WHEREAS, owner of certain properties hereinafter described, have petitioned for annexation and have also petitioned for permanent zoning, and WHEREAS, publication of the required notice was given and a hearing was held thereon before the Hutchinson Planning Commission on August 189 1969, at which all persons desiring to be heard were given an opportunity to be heard thereon, NOW THEREFORE, BE IT -RESOLVED BY THE CITY COUNCIL OF HUTCHINSON, MINNESOTA: Such permanent zoning is hereby ordered as follows: 11B-3" General Business District - That part of Lot 6 of Auditor's Plat of the West Half of Section 32, Township 117 North, Range 29 West described as beginning at a point on the East line of said Lot 6, a distance of 1146.67 feet Southerly, as measured along said East line, -from the Northeast obrner of said Lot 6, thence Westerly parallel to the center line of State Highwa 'No. 7 to the West line of said Lot 6; thence South along said West line, a dista ce of 375.00 feet, to the centerline of State Highway No. 7; thence Easterly along said centerline, a distance of 572.88 feet to the East line of 'said Lot 6; thence Northerly along said East line, a distance of 375.00 feet, to the point of beginning. Subject to an easement for State Highway No. 7 over and across the Southerly 75 feet thereof. Adopted by the City Council this 25th day of August, 1969. Attest �6X,,104L Com, c Elizo/lbeth C. Jensen Deputy City Clerk RESOLUTION NO. 2946 RESOLUTION ADOPTING PERMANENT ZONING PRIOR TO ANNEXATION (Schmidtbauer Property) WHEREAS, Section 4 -A -2-b of Ordinance No. 245 states that land proposed to be annexed to the City of Hutchinson is.to be permanently zoned and WHEREAS, owner of certain properties hereinafter described, have petitioned for annexation and have also petitioned for permanent zoning, and WHEREAS, publication of the required notice was,given and a hearing was held thereon before the Hutchinson Planning Commission on August 18 1969, at which all persons desiring to be heard were given an opportunity to be heard thbreon: t,( NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF HUTCHINSON, MINNESOTA: Such permanent zoning is hereby ordered as follows: 11B-3" Neighborhood Business District - All of Lot 17 of Auditor's Plat Section 7, Township 116 N, Range 29 W as recorded in the Office of the County Auditor, McLeod County, Minnesota. Adopted by the City Council this 25th day of August, 1969. Attest �.k c x �i� s '�<'• r ;/ Elizf,eth C. Jensej6, Deputy City Clerk Regular Council Proceedings - 4 - August 25, 1969 Alderman Black introduced the following resolution and moved its adoption: RESOLUTION NO. 2947 (attached) Alderman Linder seconded the motion to adopt said resolution,and upon vote being taken, all members present voted "aye" and Resolution No. 2947 was declared adopted by the City Council this 25th day of August, 1969. Adm. Asst. Mealey reported that service lead for watermain had not been installed for property owned by Alfred F. Weseloh et al, described as S 2/3 of Lot 3, Block 32, N 1/2 City and recommended assessment thereon be removed from the assessment roll. Alderman Alrick introduced the following resolution and moved its adoption: RESOLUTION NO. 2948 (attached) Alderman Black seconded the motion to adopt said resolution, and upon vote being taken all members present voted "aye" and Resolution No. 2948 was declared adopted by the City Council this 25th day of August, 1969. Adm. Asst. Mealey recommended that the city employ Ronnie Smahel and Joype Miller through the high school OEP program, and that Dorothy Smith be employed to replace Fern Hoff while Mrs. Hoff is on leave of absence, and stated that such changes would result in additional salary costs in the City Clerk's office of $1200.00 for the balance of the fiscal year. Alderman Black introduced the following resolution and moved its adoption: RESOLUTION NO. 2949 (attached) Alderman Schafer seconded the motion to adopt said resolution, and upon vote being taken all members present voted "aye" and Resolutinn No. 2949 was declared adopted by the City Council this 25th day of August, 1969. Mayor Kost called for Hearing on Publication No. 1201 - Vacktion of Portion of lst Avenue NW - at 8:00 P.M. Robert Stearns, petitioner, was present. Hearing closed at 8:05 oP.M. Alderman Black introduced Ordinance No. 348 for its second and final reading and moved its adoption: ORDINANCE NO. 348 (attached) Alderman Schafer seconded the motion of Alderman Black, and upon vote beings taken all members present voted "aye" and Ordinance No. 348 was declared passed and adopted this 25th day of August, 1969. Alderman Black intrdduced Ordinance No. 349 for its second and final reading and moved its adoptinn: ORDINANCE NO. 349 (Attached) Alderman Linder seconded the motion of Alderman Black, and upon vote being taken all members present voted "aye" and Ordinance No. 349 was declared passed and adopted by the City Council this 25th day of August, 1969. Alderman Linder introduced Ordinance No. 350 for its second and final reading and moved its adoption: ORDINANCE NO.'350 (attached) Alderman Schafer seconded the motion of Alderman Linder, and upon vote being taken, all members present voted "aye" and Ordinance No. 350 was declared passed and adopted by the City Council this 25th day of August, 1969. RESOLUTION NO. 2947 RESOLUTION RECEIVING REPORT, ORDERING PREPARATION OF PLANS AND ORDERING IMPROVEMENT WHEREAS, the City Council has directed the City Engineer to prepare a report to determine feasibility of proposed improvement of the area from East Highland Park Drive to a point 700' East on the North side of T.H. 7 and WHEREAS, a certain petition requesting the improvement of the area from E Highland Park Drive to a point 700' on the N side of T.H. 7 thereof by sanitary sewer and watermain was filed with the City Council on the llth'day of August 1969 and WHEREAS, pursuant to Resolution of the City Council adopted August 11, 1969 a report has been prepared by Marlow V. Priebe, City Engineer with reference to the improvement, and this report was received by the Council on August 25, 1969, and WHEREAS, City Engineer finds that at this time no commitment should be made for completion in 1969, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF HUTCHINSON, MINNESOTA: 1. The Council finds and determines that said petition was signed by all owners of real property abuting upon T.H. 7 in the area of the improvement. 2. Such improvement is hereby ordered as proposed in the Council Resolution adopted August 25, 1969 in accordance with Engineer's report. 3. Marlow V. Priebe, City Engineer, is hereby designated as the Engineer for this improvement. He shall prepare plans and specifications for the making of such improvement. 4. That such improvements be made part of the 1969 Sewer and Water improvement Projet, either Dart I or Part II at the discretion of the City Engineer and that all effort be made to attain completion in 1969. Adopted by the City Council this 25th day of August, 1969. Attest g iz�iC�12/ Elis'beth C. Jens , Deputy City Clerk A� �A 0 4 RESOLUTION NO. 2948 RESOLUTION AMENDING ASSESSMENT ROLL (PROJECT 17-1 MAIN STREET IMPROVEMENT) WHEREAS, the Assessment Roll on Project 17-1 has been adopted by the City of Hutchinson by way of Resolution No. 2936, dated August 11, 1969 and WHEREAS, as a part of said assessment roll a certain parcel as hereinafter described was assessed as follows: S 2/3 of Lot 3 Block 32, N � Cit Roll # 31 Alfred F. Weseloh et al. 4.40 feet @ $8.54 or Item 4544 3555 Fremont Avenue S. $375.76 for Watermain Minneapolis, Minnesota and a Service Lead at $118.94 for a total of - $494.70 WHEREAS, it has come to the Council's attention that the service lead was not installed on said parcel of land. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF HUTCHINSON, MINNESOTA: That the assessment of $118.94 for the Service Lead that now exists against the S 2/3 of Lot 3, Block 32, N � City be abated and removed from the assessment roll and that the records show that only a Watermain assessment of $375.76 remains. Adopted by the Council this 25th day of August 1969. Attest jr v/ Eli beth C. Jens , Deputy City Clerk IP RESOLUTION NO. 2949 RESOLUTION AMENDING 1969-1970 BUDGET TO PROVIDE FOR ADDITIONAL HELP IN CITY CLERK'S OFFICE 0 WHEREAS, the City Council has determined it necessary to employ additional help in the office of the City Clerk, and WHEREAS, it has been determined necessary to amend the budget for 1969-1970 to make funds available for such additional help, and WHEREAS, Section 7 of the City Charter adopted July 11, 1967, empowers the City Council to make certain alterations in the budget as adopted, NOW.THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF HUTCHINSON, MINNESOTA: :That the •1969-1970 budget be amended as follows: e, General Fund - Account No. 497 - Contingencies Deduct $1200.00 General Fund - Account No. 4051-10 & 12 Add. 1200.00 Adopted by the City Council this 25th day of August, 1969. Attest Agn� I. Monge, City erk t ,0 (Published in Hutchinson leader•Sept.,5, 1969 PUBLICATION NO. 1208 ORDINANCE NO. 348 AN ORDINANCE TO VACATE STREET THE CITY OF HUTCHINSON DOES ORDAIN: SECT�ION_I. That notice of hearing was duly given and publication of said hearing was duly made and it was made to appear to the satisfaction of the City Council that it would be in the best interest of the City to vacate said street. SECTION II. That certain street and public thoroughfare in the City of Hutchinson located and described as follows: Westerly 26.3 feet of First Avenue NW (as measured along the north line and south line of the existing street) being located in the City of Hutchinson, be and the same is hereby - vacated, provided, however, the City of Hutchinson reserves unto itself a perpetual easement and the right to enter upon said premises for the purposes of construction and/or maintenanee of public utilities. SECTION III. This Ordinance shall take effect from and after its passage and publication and upon filing certified copy thereof with the proper county officers as required by law. Adopted by the City Council this 25th day of August, 1969. Eli eth C. Jens , Deputy City Clerk v (Published in the Hutchinson Leader Sept. 5, 196v) PUBLICATION NO. 1207 ORDINANCE NO. cW AN ORDINANCE REGULATING BUILDING CONSTRUCTION AND PROVIDING PENALTIES FOR VIOLATION ThEREOF. Y The City of Hutchinson does ordain: SECTION I. The Uniform Building Code, 1967 Edition, Volumn I, published by the�nternat o� naT Conference of Building Officials, a copy of which is on file at the office of the City Clerk of the City of Ht tchinson, is hereby adopted as part of this section and as part of this Ordinance by, reference. SECTION II. There is excepted from said Code Part IV, Chapter 16 "Requirements Based on Location in Fire Zones' (pages 89-91) and the same shall be deleted in its entirety. `x SECTION III. That Part I, Chapter 3, Section 304-(e) shall be amended to read as follows: (e) Other Inspections. In addition to the called inspections specified above, the Building Official may make or require any other inspections of any construction work to ascertain compliance with the provisions of this Code and other laws which are enforced by the Building Department. whenever the building inspector discovers deficiencies in materials or procedures at the time of any of the scheduled called inspections, which deficiencies would be covered or otherwise inaccessible at the time of the next scheduled called inspection, he shall order R. the builder to correct the deficiency before proceeding with further construction activity. Upon correction, the builder shall call for a reinspection. For any such reinsp-action to dets .,Ane the correction of aeficiencies, the builder shall pay a fee which shall be established by the City Council by resolution and, from time to time, shall ue increaded or diminished by resolution as the circumstances warrant. For the purpose of determining compliance with Section 104 (h), the building official may cause any structure to be reinspected. SECTION IV. Anyone violating this Ordinance, or any part thereof, shall be guilty of a misdemeanor and subject to a fine of not more than $100 for each day that said violation shall remain in effect. SECTION V. This Ordinance shall take effect and be in force from and after its passage. (Published in tchinson 'I.LJd r 11'iiday, Aug �, 1969) PUBLICA11ON NUMBER 1205 ORDINANCE NO. 350 AN ORDINANCIE ESTABLISHING A HOUSING CODE FOR THI: CITY OF HUTCHINSON 1'11E CITY 01 HUTCHINSON DOES ORDAIN: SE( TION 1: f!.TLE AND SCOPE 1.1 This ordinance shall be known as the "Housing; Code," may be cited as :< (h and will be referred.to herein as "this Code." I.? The purpose of this Code is to provide minimum requirements for the. protection of life, limb, health, property, safety, and welfare of the general public and the owners and occupants of residential buildings, 1.3 (a Application. The provisions of this Code stall apply to all buildings or port -ions thereof used, or designed or intended to be used, for human habi.tarior. Such occupancies in existing buildings may be continued as provided ir. Section 104 of the "Building Code," except such structures as arc tound to be substandard as defined in this Code. 'Where any building or portion thereof is (sed or intended to be used as a combination a.part- mk-nt house -hotel, the provisions of this Code shall apply to the separate portions as if they were separate buildings. Every rooming house or lodging; house shall comply with all the requirements of this Code for dwellings. (h) Alteratiur, lxi.sting buildings which are alfered or enlarged shall be made to conform to Lhis Crude insofar as the new work is concerned and in accordance with tit., following provisions: 1. Additions, Alterations, and Repairs: More than 50 Per Cent. 'When additions, altercitiorns, or repairs within any 12 -month period exceed 50 percent of the vaiue of an existing building or structure, such building or structure shall be made to conform to the requirements for new build: gds or structures. '. Additions, Alterations, and Repairs: 25 to 50 Per Cent. Additions alterations, and repairs exceeding 25 per cent but not exceeding 50 per cent of the value of an existing building or structure and complying with the requirements for new buildings or structures may be made to such building or structure within any 12 -month period without making the entire building; or structure comply. The new construction shall conform to the requirements of this Code for a new building of like area, height, and occupancy. Such building or structure, including new additions, shall not exceed the areas and heights specified in this Code. 3. Additions, Alterations, and Repairs: 25 Per Cent or Less: Structural additions, alterations, and repairs to any portion of an existing building or structure, within any 12 -month period, not exceeding; 25 per cent of the value of the building or structure shall comply with all of the requirements for new buildings or structures, except that minor structural additions, alterations, or repairs, when approved by the Building Official, may be made with the same material of which the building or structure is constructed. Such building or structure, including new additions, shall not exceed the areas and heights specified in this Code. 4. Nonstructural Alterations and Repairs: 25 Per Cent or Less. Alterations or repairs, not exceeding 25 per cent of the value of an existing building or structure, which are non-structural and do not affect any member of part of the building or structure having required fire resistance, may be made with the same materials of which the building or structure is constructed. (c) Relocation. Existing buildings which are moved or relocated shall be considered as new buildings and shall comply with all the requirements of this Code. SECTION 2. ENFORCEMENT 2.1 (a)• Auth� ority. The building official is hereby authorized and directed to administer and enforce all the provisions of this Code. (b) Right of Entry. Upon presentation of proper credentials, the Building Official or his duly authorized representatives may enter at•reasonable times any building, structure, or premises in the city to perform any duty imposed upon him by this Code, provided that any occupier or owner (if not occupied) shall be notified in writing by the Building Official or his duly authorized representative at least five days prior to such intended entry unless written waiver of such notice is given to the Building Official by the occupier or owner. (c) Procedures. Whenever the Building Official determines upon investi- gation that there has been a violation of any provision of this ordinance or any rule or regulation adopted pursuant thereto, he shall give notice of such alleged violation to the person or persons responsible therefor as herein provided: 1. The notice shall be in writing; 2. Shall include a statement of the authority by which the Building Official issues the notice; 3. Shall include a statement of the reasons why the notice is being issued; 4. Shall contain an outline of the remedial action which if taken will effect compliance with the provisions of the ordinance and with rules and regulations adopted pursuant thereto; 5. Shall allow reasonable time for the performance of any such action that is required; - 2 - `r 6. Shall be served upon the owner or his agent or the occupant as provided in the second paragraph of Section 203 (b) of the Building Code which reads as follows: "Proper service of such notice shall be by personal service upon the owner of record, if he shall be found within the city limits. If he is not found within the city limits such service may be made upon said owner by registered mail or certified mail, provided, that if such notice is by registered mail or certified f; mail, the designated period within which said'owner or person in >' charge is required to comply with the order of the Building Official shall begin as of the date he receives such notice." Any person affected by any notice which has been issued hereunder shall be granted a hearing before the Housing Advisory and Appeals Board as provided in Section 2.3 herein and the rules of said board for the purpose of reviewing the Building Official's action hereunder. Notice of such appeal shall automatically suspend further action hereunder against the premise and persons affected until final determination by the Housing and Appeals Board. (d) Responsibilities Defined. Every owner remains liable for violation of duties imposed upon him by this Code even though an obligation is also imposed on the occupants of his building, even though the owner has, by agreement, imposed on the occupant the duty of furnishing required equipment or of complying with this Code. Every owner or his agent in addition to.being responsible for main- taining his building in a sound structural condition, shall be responsible for keeping that part of the building or premises which he occupies or controls in a clean, sanitary, and safe condition, including the shared or public areas in a building containing two or more dwelling units. Every owner shall, where required by this Code, the health ordinance, or the health office;, furnish and maintain such approved sanitary facilities as required, and shall furnish and maintain approved devices, equipment, or facilities for the prevention of insect and rodent infestation, and where infestation has taken place, shall be responsible for the extermina- tion of any insects, rodents, or other pests when extermination is not specifically made the responsibility of the occupant by law or ruling. Every occupant of a dwelling unit, in addition to being responsible for keeping in a clean, sanitary, and safe condition that part of the dwelling or dwelling unit or premises which he occupies and controls shall dispose of all his rubbish, garbage, and other organic wastes in a manner required by the health ordinance and approved by the health officer. Each occupant shall, where required by this Code, the health ordinance or health officer, furnish and maintain approved devices, equipment or facilities necessary to keep his premises safe and sanitary. - 3 - 2.4 Violations and Penalties. It shall be unlawful for any person, firm, or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert, or demolish, equip, use, occupy or maintain any building or structure in the city, or cause or permit the same to be done, contrary to or in violation of any of the provisions of this Code. Any person who shall violate any of the provisions of this ordinance shall, upon conviction thereof, be punished by a fine not exceeding $100.00, or by imprisonment not to exceed 90 days. M' After conviction for violation of any provision becomes final, t the continued violation of such provision shall be, and constitute a separate offense for each day such violation shall continue to exist. SECTION 3. PERMITS AND INSPECTIONS. 3.1 General. No person, firm, or corporation shall erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish any building or structure or cause or permit the same to be done without first obtaining a separate building permit for each such building or structure from the Building Official in the manner and according to the applicable conditions described in Chapter 3 of the Building Code. SECTION 4. DEFINITIONS. 4.1 General. For the purpose of this Code, certain abbreviations, terms, phrases, words, and their derivatives shall be construed as specified in this chapter. Words used in the singular include the plural and the singular. Words used in the masculine gender include the feminine, and the feminine the masculine. Terms, words, phrases, and their derivatives used but not specifically defined in this Code shall have the meaning defined in Chapter 4 of the Building Code. - 4 - 2.2 Substandard Building. All buildings or portions thereof which are determined to be substandard as defined in this Code are hereby declared to be public nuisances and shall be abated by repair, rehab- ilitation, demolition, or removal in accordance with the procedure specified in Section 10 of this Code. 2.3 Housing Advisory and Appeals Board. In order to provide for reasonable a review and interpretation of the provisions of this Code, there is hereby created a Housing Advisory and Appeals Board, consisting of three members who are qualified by experience and training to pass upon matters pertaining to housing. The Building Official shall be a non-voting ex -officio member and shall act as secretary of the board. The Housing Advisory and Appeals Board shall be appointed by the Mayor and confirmed by the Council, each member shall serve a three-year term, one-third shall be appointed each year. •The board shall adopt reasonbale rules and procedure for appeal by persons affected hereby for the purpose of reviewing a determination made by the Building Official. The board shall adopt reasonable rules and regulations for conducting its investigations and shall render all decisions and findings in writing to the Building Official with a duplicate copy k` to the appellant and may recommend to the City Council such new legislation as is consistent therewith. 2.4 Violations and Penalties. It shall be unlawful for any person, firm, or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert, or demolish, equip, use, occupy or maintain any building or structure in the city, or cause or permit the same to be done, contrary to or in violation of any of the provisions of this Code. Any person who shall violate any of the provisions of this ordinance shall, upon conviction thereof, be punished by a fine not exceeding $100.00, or by imprisonment not to exceed 90 days. M' After conviction for violation of any provision becomes final, t the continued violation of such provision shall be, and constitute a separate offense for each day such violation shall continue to exist. SECTION 3. PERMITS AND INSPECTIONS. 3.1 General. No person, firm, or corporation shall erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish any building or structure or cause or permit the same to be done without first obtaining a separate building permit for each such building or structure from the Building Official in the manner and according to the applicable conditions described in Chapter 3 of the Building Code. SECTION 4. DEFINITIONS. 4.1 General. For the purpose of this Code, certain abbreviations, terms, phrases, words, and their derivatives shall be construed as specified in this chapter. Words used in the singular include the plural and the singular. Words used in the masculine gender include the feminine, and the feminine the masculine. Terms, words, phrases, and their derivatives used but not specifically defined in this Code shall have the meaning defined in Chapter 4 of the Building Code. - 4 - APARTMENT shall mean a dwelling unit as defined in this Code. APARTMENT HOUSE is any building or portion thereof which is designed,' built, rented, leased, let, or hired out to be occupied, or which is occupied as a home or residence of three or more families living independently of each other in dwelling units as defined in this Code. APPROVED as to materials and types of construction, refers to approval by the Building Official as the result of investigation and tests con- ducted by him, or by reason of accepted principles, or tests by national authorities, technical or scientific organizations. BASEMENT is that portion of a building between floor and ceiling, which is partly below and partly above grade (as defined in this chapter), but so located that the vertical distance from grade to the floor below is less than the vertical distance from grade to ceiling. (See "Story.") BOARDING HOUSE is a lodging house in which meals are provided. BUILDING CODE shall mean Ordinance No. 350, adopted by the City Council ' on August 25, 1969 and shall specifically include those portions of the 1967 Edition, Uniform Building Code, Volume 1, prepared by the inter- national Conference of Building Officials, 50 South Los Robles, Pasadena, California, therein adopted by reference. BUILDING EXISTING is a building erected prior to the adoption of this Code, or one for which a legal building permit has been issued. BUILDING OFFICIAL is the officer charged with the administration and enforcement of this Code, or his regularly authorized deputy. CEILING HEIGHT shall be the clear vertical distance from the finished floor to the finished ceiling. CELLAR is that portion of the building between floor and ceiling which is wholly or partly below grade (as defined in this chapter) and so located that the vertical structure from grade to the floor below is equal to or greater than the vertical distance from grade to ceiling. COURT is an open, unoccupied space bounded on two or more sides by the walls of the building. An inner court is a court entirely within the exterior walls of a building. All other courts are outer courts. DORMITORY is a room occupied by more than two guests. DWELLING UNIT -- See definitions Chapter 4 of the Building Code. EFFICIENCY LIVING UNIT is any room having cooking facilities used for combination living, dining, and sleeping purposes and meeting the requirements of 5.2 (b). EXIT is a continuous and unobstructed means of egress to a public way, and shall.include inter -meeting doorways, corridors, ramps, stairways, smokeproof enclosures, horizontal exit,'exit courts, and yards. - 5 - FAMILY is an individual or two or more persons related by blood or marriage, or a group of not more than five persons (excluding servants) who need not be related by blood or marriage living together in a dwelling unit. GRADE (GROUND LEVEL) is the average of the finished ground level at the center of all walls of a building. In case walls are parallel to and within five feet (51) of a sidewalk, alley or other public way, the above ground level shall be measured at the elevation of the side- walk, alley or public ways. GUEST is any person hiring or occupying a room for living or sleeping purposes. GUEST ROOM is any room or rooms used or intended to be used, by a guest for sleeping purposes. Every one hundred (100) square feet of super- ficial floor area in a dormitory is a guest room. HABITABLE ROOM shall mean any room meeting the requirements of this Code for sleeping, living, cooking or dining purposes excluding such enclosed places as closets, pantries, bath or toilet rooms, service rooms, con- necting corridors, laundries, unfinished attics, foyers, storage spaces, cellars, utility rooms and similar spaces. HEALTH OFFICER shall be the legally designated head of the Department of Health of this city. HOT WATER shall be water at a temperature of not less than one hundred twenty degrees fahrenheit (120°). HOTEL is any building containing six or more guest rooms intended or designed to be used, or which are used, rented or hired out to be occupied, or which are occupied for sleeping purposes by guests. INTERIOR LOT is a lot other than a corner lot. KITCHEN shall mean a room used, or designated to be used for the preparation of food. LODGING HOUSE is any building, or portion thereof, containing not more than five guest rooms which are used by not more than five guests, where rent is paid in money, goods, labor or otherwise. A lodging house shall comply with all the requirements of this code for dwellings. OCCUPIED SPACE. The total area of all buildings or structures on any lot or parcel of ground projected on a horizontal plane excluding permitted projections. ROOMING HOUSE -- see Lodging House. STORY is that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the top house story shall be that portion of a building included between the upper surface of the top most floor and the ceiling or roof above. If the finished floor level directly above the basement or cellar is more than six feet (61) above grade, such basement or cellar shall be considered a story. -6- SUBSTANDARD BUILDING -- see Chapter 10. SUPERFICIAL FLOOR AREA shall mean the net floor area within the enclosing walls of the room in which the ceiling height is not less than five (5) feet, exclu9ing built-in equipment such as wardrobes, cabinets, kitchen units, or fixtures. USED shall mean used or designed or intended to be used. VENT SHAFT,is a court used only to ventilate or light a water closet bath, toilet, or utility room or other service room. WINDOW shall mean a glazed opening including glazed doors, which open upon a yard, court, or recess from a court, or a vent shaft open and unobstructed to the sky. YARD is an open, unoccupied space other than a court, unobstructed from the ground to the sky, except where specifically provided by this Code, on a lot on which a building is situated. SECTION 5. SPACE AND OCCUPANCY STANDARDS 5.1 Location on Property (a) Access to public property. All buildings shall be located with respect to property lines and to other buildings on the same property as required by Section 504 and Table 5A of the Building Code. Each dwelling unit and each guest room in a dwelling or lodging house shall have access to a passageway, not less than three (3) feet in width, leading to a public street or alley. Each apartment house or hotel shall have access to a public street by�means of a passage- way not less than five (5) feet in width. (b) Courts. Every court shall be not less than three feet in width. Courts having windows opening on opposite sides shall be not less than six feet (61) in width. Courts bounded on three or more sides by the walls of the building shall be not be less than ten (10) feet in length unless bounded on one end by a street or yard. For buildings more than two stories in height the court shall be increased one (1) foot in width and two (2) feet in length for each additional story. For buildings exceeding fourteen (14) stories in height the required dimension shall be computed on the basis of fourteen stories. Adequate access shall be provided to the bottom of all courts for cleaning purposes. Every court more than two stories in height shall be provided with a horizontal air intake at the bottom not less than ten (10) feet square in area and leading to the exterior of the building unless abutting a yard or public space. The con- struction of the air intake shall be as required for the court walls of the building, but in no case shall be less than one hour fire resistant. - 7 - 5.2 Room Dimensions. (a) Ceiling Height. Habitable rooms and service rooms in all occupancy shall have a ceiling height of not less than seven (7) feet six (6) inches. In rooms with sloping ceilings the required ceilin& height shall be provided in at least 50% of the room and no portion of any room having a ceiling height of less than five (5) feet shall be considered as contributing to the minimum areas required by the subsection of this section. (b) Superficial Floor -Area. Every dwelling unit shall have at least one room which shall have not less than one hundred twenty (120) square feet of superficial floor area. Every room which is used for both cooking and living or both living and sleeping purposes shall have not less than one hundred and fifty (150) square feet of superficial floor area. Every room used for sleeping purposes shall have not less than ninety (90) square feet of superficial floor area. Every kitchen shall have not less than fifty (50) square feet of superficial floor area. EXCEPTION: Nothing in this section shall prohibit the use of an efficiency living unit meeting the following requirements: 1. Such efficiency living unit shall have a living room of not less than two hundred and twenty square feet (220 sq. ft.) of superficial floor area. An additional one hundred square feet (100 sq. ft.) of superficial flocrarea shall be provided for each occupant of such unit in excess of two. 2. Entry from the public space to the living room shall be through a foyer. 3. Such efficiency living unit shall be provided with a separate dressing closet of such size as to provide for adequate circulation and storage. 4. Such efficiency living unit shall be provided with a kitchenette not less than three feet by five feet (31x5') in size. Such kitchenette shall be accessible from the living room or foyer only; shall be enclosed by a door or doors; shall be equipped with a tenant -operated electric exhaust fan connected to the outside air unless natural ventilation is provided; and shall be equipped and arranged for complete kitchen use. 5. Such efficiency living unit shall be provided with a separate bathroom meeting the requirements of this Code. Such bathroom shall be accessible from the foyer, bedroom or dressing closet only. (c) Width. No habitable room shall be less than seven (7) feet in any dimension and no water closet space less than thirty (30) inches in width and there shall be not Less than one (1) foot nine (9) inches clear space in front of each water closet. 5.3 Light and Ventilation (a) Habitable Rooms. Every habitable room shall have an aggregate window area of not less than ten percent of the floor area. (b) Other Rooms. Every bathroom, toilet room and similar room shall have an aggregate openable window area of not less than three (3) square feet or mechanical ventilation capable'of producing a change of air every five minutes and be connected directly to the outside. (c) Porches. Required windows shall open on a street, yard, or court either directly or through a porch having a minimum clear height of not less than seven(7) feet. Such porch shall be at least fifty (50) per cent open on at least one side or on both ends. (d) Openable Window Area. Every habitable room shall have at least one window or skylight which can be easily opened to forty (40) per cent of the window area, or mechanical ventilation capable of producing a change of air every five minutes. (e) Hallways. All public hallways, stairs and other exit ways shall be adequately lighted at all times in accordance with Section 3312 of the Building Code. (f) Mechanical Ventilation. An approved system of mechanical ventilation and artificial light may be used in lieu of the windows required by this section. Where a mechanical ventilation system is used, it shall be capable of producing a change of air every five minutes and in the case of bathrooms, toilet rooms and similar rooms shall be connected directly to the outside. (g) Vent Shafts. Not permitted 5.4 Sanitation (a) Dwelling Units. Every dwelling unit shall be provided with a water closet, a lavatory, and a bathtub or shower. (b) Hotels. Where private water closets, lavatories and baths are not provided, there shall be provided on each floor for each sex at least one water clostt and lavatory and one bath accessible from a public hallway. Additional water closets, lavatories and baths shall be provided on each floor for each sex at the rate of one for every additional ten guests, or fractional number thereof in excess of ten. Such facilities shall be clearly marked for men or women. (c) Kitchen. Each dwelling unit shall be provided with a kitchen. Every kitchen shall be provided with a kitchen sink. No wood sink or •ink of similar absorbent material shall be permitted. (d) Fixtures. All plumbing fixtures shall be connected to a sanitary sewer or to an approved private sewerago disposal system. All plumbing fixtures -shall be connected to an approved system of water supply and provided with necessary hot and cold running water as per fixture design. All plumbing fixtures shall be of an approved glazed earthenware type or of similarly non-absorbent materials. �'Z (e) Water Closet Compartments. Walls and floors of water closet compartments except in dwellings shall be finished in accordance with Section 1711 of the Building Code. (f) Room Separations. No room used for the preparation of food shall be used for sleeping purposes, and no room, housing a water closet shall open directly into any room used for preparation of food. No dwelling or dwelling unit containing two or more sleeping rooms shall have such room arrangements that access to bathroom or water closet compartment intended for use by occupants of more than one sleeping room can be had only by going through another sleeping room; nor shall room arrangements be such that access to a sleeping room can be had only by going through another sleeping room or a bathroom or a water closet compartment. (g) Installation and Maintenance. All sanitary facilities shall be installed and maintained in safe and sanitary conditions and in accordance with all applicable laws. Every water closet, bathtub or shower required by this Code shall be installed in a room which will afford privacy to the occupant. SECTION 6. STRUCTURAL REOUIREMENTS 6.1 General. Buildings or structures may be of any type of construction permitted by the Building Code. Roofs, floors, walls, foundations, and all other structural components of buildings shall be capable of resisting any and all forces and loads to which they may normally be subjected. All structural elements shall be proportioned and joined in accordance with the stress limitations -and design criteria as specified in the appropriate sections of the Building Code. (b) Shelter. Every building shall be weather protected so as to provide shelter for the occupants against the elements and to exclude dampness. (c) Protection of Materials. All wood shall be protected against termite damage and decay as provided in the Building Code. SECTION 7. MECHANICAL REQUIREMENTS. 7.1 Heating and Ventilation. (a), Heating. Every dwelling unit and guest room shall be provided with heating facilities capable of maintaining a room temperature of 70° Fahrenheit at a point three (3) feet above the floor in all habitable rooms. Such facilities shall be installed and maintained in a safe condition in accordance with all applicable laws. No unvented or open flame gas heater shall be permitted. All heating devices or appliances shall be of an approved type. 10 - (b) Electrical Equipment. All electrical equipment, wiring and appliances shall be installed and maintained in a safe manner in accordance with all applicable laws. All electrical equipment shall be of an approved Hype. Where there is electrical power available within three hundred (300) feet of the premises of any building, such building shall be connected to such electrical power. Every habitable room shall contain at least two supplied electrical con- venience outlets or one such convenience outlet and one supplied electrical light fixture. Every water closet compartment, bathroom, laundry room, furnace room, and public hallway shall contain at least one supplied electrical fixture. Every public hall and stari- way in every multiple dwelling containing five or more dwelling units shall be adequately lighted at all times. Every public hall and stairway in structures devoted solely to dwelling occupancy and containing not,more than four dwelling units may be supplied with conveniently located light switches, controlling an adequate lighting system which may be turned on when needed, instead of full time lighting. (c) Ventilation. Ventilating equipment shall be of approved types installed and maintained in a safe manner and in accordance•with all other applicable laws. Where mechanical ventilation is provided in lieu of the natural ventilation required by Section 5.3 of this Code, such mechanical ventilation systems shall be maintained in operation during the occupancy of any.building or portion thereof. SECTION 8. EXITS 8.1 General. Every dwelling unit or guest room shall have access directly to the outside or to a public corridor. All buildings or portions thereof shall be provided with exits, exit ways and appurtenances as required by Chapter 33 of the Building Code. SECTION 9. FIRE PROTECTION 9.1 General. All building or portions thereof shall be provided with the' degree of fire resistive construction as required by the Building Code for the appropriate occupancy, type of construction, and location on property or in fire zones; and shall be provided with the appro— priate fire extinguisher systems or equipment required by Chapter 38 of the Building Code. SECTION 10. SUBSTANDARD BUILDINGS 10.1 Definition. (a) General. Any building or portion thereof including any dwelling unit, guest room or suite of rooms, or the premise on which the same is located, in which there exists any of the following listed conditions to the extent that it endangers the life, limb, health, property, safety or welfare of the public or the occupants thereof shall be deemed and hereby is declared to be a substandard building. (b) Inadequate Sanitation which shall include but not be limited to the following: 1. Lack of water closet or water closet and lavatory. 2. Lack of kitchen sink. 3. Lack of hot and cold running water to plumbing fixtures in a hotel. 4. Lack of running water to plumbing fixtures in a dwelling unit. 5. Lack of adequate heating facilities. 6. Infestation of insects, vermin or rodents as determined by the health officer. 7. Lack of connection to approved sewage disposal system. (c) Structural hazards, which shall include but not be limited to the following: 1. Unsafe foundations. 2. Unsafe flooring or flooring support. 3. Flooring or flooring supports of insufficient size to carry imposed loads with safety. 4. Members of walls, partitions, or other vertical supports that split, lean, list, or buckle due to defective material or deteri©ration. 5,. Members of walls, partitions, or other vertical supports that are of insufficient size to carry imposed loads in safety. 6. Members of ceilings, roofs, ceiling and roof supports, or other horizontal members which sag, split, or buckle due to defective material or deterioration. 7. Members of ceilings, roofs, ceilings and roof supports, or other horizontal members that are of insufficient size to carry imposed loads with safety. 8. Fireplaces or chimneys which List, bulge, or settle, due to - defective material or deterioration. 9. Fireplaces or chimneys which are of insufficient size or strength to carry imposed loads with safety. - 12 - (d) Hazardous Wiring. All wiring except that which conforms with all applicable laws in effect at the time of installation and which has been maintained in good condition and is being used in a safe manner. (e) Hazardous Plumbing. All plumbing except that which conforms with all applicable laws in effect at the time of installation and which has been -maintained in good condition and M?hich is free of cross connections and siphonage between fixtures. (f) Hazardous Mechanical Equipment. All mechanical equipment including vents, except that which has conformed with all applicable laws in effect at the time of installation and which has been maintained in good and safe condition. (g) Fire Hazard. Any building or portion thereof, device, apparatus, equipment, combustible waste, or vegetation which in the opinion of the Chief of the Fire Department or his deputy, is in such a condition as to cause a fire or explosion or provide a ready fuel to augment the spread in intensity of fire or explosion, arising from any cause. (h) Faulty Materials of Construction. All materials of construction except those which did conform with all applicable laws in effect at the time of installation and which have been maintained in good condition and are being used in a safe manner. (i) Inadequate Exits. All buildings or portions thereof not provided with adequate exit facilities as required by this Code except those buildings or portions thereof whose exit facilities conform with all applicable laws at the time of their construction and which have been adequately maint ained and increased in relation to any increase in occupant load, alteration or addition, or any change in occupancy as required by applicable laws at the time of the change. (j) Inadequate Fire Protection or Fire Fighting Equipment. All buildings or portions thereof which are not provided with fire resistant construction or fire extinguishing systems or equipment required by this Code, except those buildings or portions thereof which conform to all applicable laws at the time of their construction and whose fire resistive integrity and fire extinguisher systems or equipment have been adequately maintained and improved in relation to any increase in occupant load, alteration or addition, or any change in occupancy, as required by applicable laws at the time of the change. (k) Faulty Weather Protection which shall include but not be limited to the following: (1) Deteriorated, crumbling or loose plaster. (2) Deteriorated or ineffective water proofing of exterior walls, roof, foundations, or floors, including broken or rotten windows or doors or their frames. - 13 - This Ordinance shall be in full force and effect from and after its date of publication. Elizsbeth u. JeVen Deputy City Clerk -14- A A (Published in The Hutchinson Leader on Wednesday, September 10, 1969) PUBLICATION NO. 1209 ORDINANCE NO. 351 AN ORDINANCE ANNEXING CERTAIN LANDS TO THE CITY OF HUTCHINSON, McLEOD COUNTY, MINNESOTA .} The City of Hutchinson ordains; SECTION I, WHEREAS, the. City of Hutchinson is the owner of the following described lands lying and bung % the. County of McLeod and State of Minnesota and described as follows, to-* t; The West 30.0 feet of the Northwest -k acre of Lot 6 of the Auditor's Plat of the South Half of Section 30 and the North Half of Section 31, Township 117 North, Range 24 West. Also the West 30.0 feet of the following described tract lying in Lot 6 of the Auditor's Plat of the South Half of Uction 30 and North Half of Section 31, Tdwship 117 North, Range 29 West; Beginning at the Northwest corner of said Lot 6; thence due South along the West line of said Lot 6, 136 feet to the point of beginning; thence continuing South along the West line, 33 feet; thence Easterly on a line parallel with the North line of said Lot 6, 104 feet; thence due North on a line parallel with the West line of said Lot 6, 33 feet; thence Westerly on a line parallel with the,North line of said Lot 6, 104 feet; to the point of beginning. A part of Lot Six (6) of the Auditor's Plat of the South Half (S11) of Section 30 and the North Half (N-11) of Section 31, Township -117 North, Range 29 West, McLeod County, Minnesota, and more particularly described as follows: Beginning at a point on the West line of -said Lot Six (6), said point being 660 feet South of the Northwest corner of said Lot Six (6), thence South onthe west line of said Lot Six (6) to the Northwest corner of Hillcrest Second Addition, thence east on the North line of Hillcrest Second Addition, 30.00 feet, thence North, parallel to the West line of said Lot six to a point 30.00 feet East of the point of beginning, thence west to the point of beginning. A part of Lot Six (6) of the Auditors Plat of the South Half (S16) of Section 30 and the North Half (N1),of Section 31, Township 117 North, Range 29 West, McLeod County, Minnesota, and more particularly described as follows: Commencing at the Northwest corner of said Lot 6, thence South 384 feet on the West line of said Lost 6, thence East 30.0 feet to the point of beginning of the tract; thence South 20.0 feet parallel to the West line of said Lot 6; thence East 204.00 feet parallel to the North line of said Lot 6; thence North 20.0 feet parallel to the West line of said Lot 6; thence West 204.0 feet parallel to the North line of said Lot 6, to the point of beginning. SECTION II. WHER S, the City Council of the City of Hutchinson deems it desirable and n the best interest of the City of Hutchinson to annex the above describ4d lands to the City of Hutchinson, SECTION IIT. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hutchinson that the lands described above be and they hereby are -I- annexed to the City of Hutchinson and from and after the date of passage of this Ordinance, said lands shall become a part and portion of the City of Hutchinson with the save force and effect as though originally a part of the City. SECTION IV. This Ordinance shall take effect and be in force from and after its publication, Adopted by the City Council this eighth day of September, 1969. tliz3rbeth C. Jens Dep ty City Cler f AZT ORDINANCE NO. 151 3 -YL" 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 II. The quantity of land embraced within the foregoing description and bounded as described, is four and nine tenths acres (4.9). Section III. The City Council hereby determines: (1) that the annexation will be to the best intrests of the City of Hutchinson and of the territory affected; (2) that the territory described herein abuts upon the City and is so conditioned as properly to be subjected to City Government. Section IV. Therefore, the City of Hutchinson, Minnesota, hereby ordains and declares that the property hereinbefore described be and the same is hereby annexed to, and included in the City of Hutchinson, Minnesota, as effectually as if it had originally been a part thereof. Section V. This ordinance shall be final and shall take effect and be in force after filing certified copy thereof with the Minnesota Munivipal Commission, the County Auditor and the Secretary of State, and from and after its passage and publication. Adopted by the City Council this day of Attest Agnes I. Monge, City Clerk Section I. A petition has been filed with the governing body of the City of Hutchinson, Minnesota, by Myron E. and Vivian D Wigen, being *_ sole 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 lot 6 of Auditor's Plat of the West Half of Section 329 Township 117 North, Range 29 West described as beginning at a point on the East line of said Lot 6, a distance of 1146.67 feet Southerly, as measured along said East line, from the Northeast corner of said Lot 6, thence Westerly parallel to the center line of State Highway No. 7 to the West line of said Lot 6; thence South along said West line,a.distance of 375.00 feet, to the centerline of State Highway No. 7; thence Easterly along said centerline, a distance of 572.88 feet to the East Line of said Lot 6; thence ,�. -. Northerly along said East line, a distance of 375.00 feet, to the point of beginning. Subject to an easement for State Highway No. 7 over and across the Southerly 75 feet thereof. Section II. The quantity of land embraced within the foregoing description and bounded as described, is four and nine tenths acres (4.9). Section III. The City Council hereby determines: (1) that the annexation will be to the best intrests of the City of Hutchinson and of the territory affected; (2) that the territory described herein abuts upon the City and is so conditioned as properly to be subjected to City Government. Section IV. Therefore, the City of Hutchinson, Minnesota, hereby ordains and declares that the property hereinbefore described be and the same is hereby annexed to, and included in the City of Hutchinson, Minnesota, as effectually as if it had originally been a part thereof. Section V. This ordinance shall be final and shall take effect and be in force after filing certified copy thereof with the Minnesota Munivipal Commission, the County Auditor and the Secretary of State, and from and after its passage and publication. Adopted by the City Council this day of Attest Agnes I. Monge, City Clerk Regular Council Proceedings - 5 - August 25, 1969 (See correction in minutes of September 8, 1969, for second and final reading of Ordinance No.' 345) . Engineer Priebe reported deeds have been received as necessary for completion of annexation of Maple Street between Northwoods Avenue and North High Drive and to meet requirements of agreement with Vincent Dooley. Alderman Black introduced Ordinance No. 351 for its first reading and moved its adoption: ORDINANCE NO. 351 (attached) Alderman Schafer seconded the motion of Alderman Black, and upon vote being taken all members present voted "aye" and Ordinance No. 351 was declared passed on its first reading this 25th day of August, 1969. Adm. Asst. Mealey reported petition for annexation by Myron Wigen had been amended as requested by the Planning Commission.Rxidxxiaimjlxitxizxxmmxvmmi?c f.Nxxad0gti0aZXXX RXXtiVXXX Alderman Linder introduced Ordinance No. 352 for its first reading and moved its adoption: ORDINANCE NO. 352 (attached) Alderman Schafer seconded the motion of Alderman Linder, and upon vote being taken all members present voted "aye" and Ordinance No. 352 was declared passed on its first reading this 25th day of August, 1969. Motion by Alderman Linder, seconded by Alderman Schafer, that application for Special Permit No. 1054 - sign for LaSalle Cleaners - be approved and permit issued as recommended by the Planning Commission. Motion carried unanimously. Motion made, seconded and carried unanimously that the following applications for building permits be approved and permits issued as recommended by the City Engineer: No. 1061 Arthur Mikelsen Garage 345 Erie St. No. 1062 Jerome D. Plath Utility Shed 166 11th Avenue NE No. 1063 Wilbert Rusch Garage 301 Dale St. No. 1066 Donald Schroeder Storage Shed 805 Grove St. S. No. 1067 Glenn Getzke House & garage Lot 9 Blk 2 + S 3' Lot 10, Southview Add. Motion made, seconded and carried unanimously that the following applications for water and sewer taps be approved and permits issued: On Bldg. Permit No. 1067 Glenn Getzke Lot 9 Blk 2 + S 3' Lot 10 Suuthview Add. Clarence Benjamimli West 49.5' Lot 5 Block 25 N 1/2 City The Chairman of the Hospital Board presented specifications for Group II and Group III equipment and furnishings for the new hospital, and recommended that the Council consider bids on September 17, 1969. Motion by Alderman Alrick, seconded by Alderman Schafer, that sealed bids will be received by the City Council on September 17, 1969, at 10:30 A.M. for Group II and Group III Equipment and Furnishings for the Hutchinson Community Hospital, at which time they will be read aloud; the City Clerk to make the necessary publications in accordance with the City Charter. Motion carried unanimously. Adm. Asst. Mealey reported Neptune Meter Co. has advised the City that prices on water meters have increased by 7.2%, and agreed this increase in cost is &oncurrent with economic trends and recommended &ntering into new six-month contract. Motion by Alderman Black, seconded by Alderman Schafer, that the Mayor and City Clerk be and hereby are authorized to enter six-month contract with Neptune Meter Company for purchase of water metes, contract to be effective August 1, 1969. Motion carried unanimously. Regular Council Proceedings - 6 - August 25, 1969 Motion by Alderman Black, seconded by Alderman Schafer, that the following persons be employed in the City Clerk's office, as recommended by Adm. Asst. Mealey - Ronnie Smahel - $1.30 per hour, raise to $1.40 per hour at start of school second semester, effective immediately; Joyce Miller - $1.30 per hour, raise to $1.40 per hour at start of school second semester, effective immediately; Dorothy Smith - $300.00 per month, effective August26, 1969, on temporary basis to replace Mrs. Fern Hoff, now on leave of absence; and further that the salary of Jean Lerberg be increased to $300.00 per month, effective September 1, 1969. Motion carried unanimously. r � , Adm. Asst. Mealey reported that in order to use bulk gasoline storage tanks - purchased from Shell Oil Company it will be necessary to purchase pumRfAgr, equipment, and stated that as result of prices quoted he would recommend such equipment be purchased from Klamm Oil Company. Motion by Alderman Black, seconded by Alderman Schafer, that Adm. Asst. Mealey be and hereby is authorized to, purchase the following equipment from Klamm Oil Company: 1 Tokheim Model 485 Gasoline Pump 1 -KC -8 (8 key locks) 1 Model 52 Pressure regulating valve at a total cost of $794.00 plus wiring and piping charges. Motion carried unanimously. Engineer Priebe recommended the city sell the 11,000 gallon tanks purchased from Shell Oil Company inasmuch as it cannot be used. Adm. Asst. Mealey was instructed to look for buyer for said tank. Discussion of recommendation from Adm. Asst. Mealey that City Hall lobby be remodeled for additional office space at a cost of $179.00 for materials and $225.00 for labor. No action taken pending further study. Motion was made, seconded and carried to adjourn at 10:35 P.M. Attest Secretary of the Council