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cp08-25-1969 c8:00 P.M. ITEMS TO BE CONSIDERED August 25, 1969 1. CALL TO ORDER - 7:30 P.M. 2. INVOCATION - Rev. R. Wm. Ingvolstad 3. MINUTES TO BE APPROVED - Regular Meeting August 11, 1969 4. BILLS TO BE ALLOWED NEW BUSINESS 5. SET BID OPENING FOR HOSPITAL EQUIPMENT AND FURNISHINGS 6. CHANGE ORDER NO. E-2 FOR HOSPITAL OLD BUSINESS 7. SECOND AND FINAL READING ORDINANCE #349 - Building Code f 8. SECOND AND FINAL READING ORDINANCE #350 - Housing Code 9. HEARING ON VACATING PORTION OF FIRST AVENUE NW - Publication #1201 10. SECOND AND FINAL READING ORDINANCE NO. 348 - Vabition of First Avenue NW 11. PARK LAND TO BE PURCHASED FROM McLEOD COUNTY 12. WATER AND SEWER TO AHRENS HIGHLAND PARK SUBDIVISION 13. OATH OF OFFICE - HRA - Pastor Thor Skeie 14. PERSONNEL IN CLERK'S OFFICE REPORTS 15. A - Planning Commission 1) Wigan annexation (Ordinance first reading) - amended petition 2) Prezoning Wigen property BB -3" General Business District 3) Plan of Final Platt- Riverview Hills Addition 4) Schmidtbauer prezoning to "B-1" Neighborhood Business District 5) Application for Special Permit #1054 - Sign - LaSalle Cleaners 6) Resignation of John Povolny 16. B - Recreation Board Minutes LICENSES AND PERMITS 17. WATER AND 'SEWER HOOKUP - Clarence Benjamin. West 49.5' Lot 5 Block 25 N 1/2 (291 Third,-�Avenue NW) (Hookup charge) 18. BUILDING PERMITS 19. WATER AND SEWER TAPS ADJOURNMENT J REGEUKR COUNCIL PROCEEDINGS August 11, 1969 A Regular Council Meeting was called to order by29Wpon 0. Kost in the Council Chambers at the hour of 7:30 P.M. Invocation by Rev. James Slack. Members present: Aldermen Alrick, Linder, Schafer;;Adm. Asat. Mealey, Attorney;SEhg*#een,PEmg1neer Priebe Members absent: Alderman Black Motion was made, seconded and carried to approve the minutes of the following meetings: Regular Meeting July 28, 1969 Special Meeting Aggust 4, 1969 Motion was made, seconded and carried that the bills be granted and paid out of the proper funds as follows; GENERAL FUND Audley Jorgenson Labor - Police Reserve 176.00 Kenneth Krienke Labor - Police Reserve 24.00 Bernard Kummet Labor - Police Reserve 42.00 Russell Meade Labor - Police Reserve 16.00 John Messner Labor - Police Reserve 18.00 Wm. Wggner Labor - Police Reserve 11.00 Harvey Daharsh Labor - Dispatching 76.00 Dorothy Hassman Labor - Dispatching 15.20 Wm. Marquardt Labor - Dispatching 30MO Luella Oklobiija Labor - Dispatching 60.80 Wayne Scott Labor - Dispatching 136.80 Dan Huebert, M.D. Reg. births & deaths 70.50 Theophil Grunewaldt Labor - dog catching 47.60 Lori Maynard Labor - Clerk of Court 133.88 Erwin Mielke Labor - City Hall janitor 110.00 Official Reports Transcript of hearing 48.75 Don 0. Kost Mileage & expense 28.81 Thomas E. Mealey Mileage 17.10 Chamber of Commerce Supplies 6.75 Hutchinson Telephone Co. Service & calls 232.69 Oswald Publishing Co. Supplies 33.49 Wallner Printing Co. Supplies 51.25 Riverview Press Supplies 25.00 3-M Business Products Supplies 284.82 St. Paul Stamp Works Supplies 9.48 Wendell's Supplies 2.88 League of Minn. Mun. Dues 557.00 Grams Ins. Agency Premium - Fire Ins. 6.00 Citizens Insurance Agency Premium - plate glass ins. 37.00 State Treasurer City Share PERA 1,677.56 Anderson, Helgeson Lieser & Thorsen Auditing 3,100.00 Chicago Aerial Industries, Inc. Balance on contour maps 107.10 Hutchinson Utilities Gas 5.10 Municipal Electric Plant Power & lights 167.32 Municipal Water Dept. Water & sewer 30.38 Rannow Electric Maintenance 22.62 G. F. Nemitzt Sons Maintenance 2.35 Clyde Gregor Maintenance 40.99 Chet Maki Maintenance 13.75 Coast to Coast Stores Supplies 8.34 American Linen Supply Co. Service 14.20 Culligan Water Conditioning Service 4.50 Missouri Kansas Chemical Co. Supplies 93.00 Leef Bros. Inc. Service 10.60 Hutchinson Business Service Mimeographing 8.7S Regular Council Proceedings - 2 - August 11, 1969 The Hector Mirror Publication 5.00 Olivia Times -Journal, Inc. Publication 5.00 ,The Independent Review Publication 5.50 The Glencoe Enterprise Publication 4.55 The Cokato Enterprise Publication 3.50 Frank Broderius Mileage & expense 25.05 Larsen Communications Maintenance 177.85 Wally's Tire Shop Maintenance 48.00 Frank Motor Co. Inc. Maintenance 76.15 Henk:e-iiI, Cafe Meals for prisoners 14.70 11ki:ii .xRNXXiRx Supillies 6.46 Hutchinson Community Hospital Lab. fee 7.50 Family Rexall Drug Supplies 9.98 Uniforms Unlimited - Police Supply Co. Supplies 90.48 S & L Stores Supplies 2.98 Hutchinson Wholesale Supply Co. Supplies 5.52 Erickson Oil Products Gas & oil 202.70 Hutchinson Fire Dept. Fire runs 129.50 Leo's Electronics Maintenance 52.15 Jerabek Machine Shop Maintenance 8.52 Donald Amundson Maintenance 5.00 Simonson Lumber Maintenance 9.45 C. H. Stocking Supplies 10.40 Fire Extinguisher Sales Supplies 14.00 Coast to Coast Stores Supplies 3.98 GTC Auto Parts Supplies 32.42 Fairway Foods Supplies 3.39 Hutchinson Ambulance Service Labor 388.00 Continental Oil Co. Gas 30.75 Don's Skelly Service Gas 26.18 Standard Printing Co. Supplies 19.65 MuniCDipal Liquor Store Rent 9 ambulances garage 25.00 Cash Drawer No. 4 Reimbursement 21.90 9,080.51 ROAD & BRIDGE FUND EArl Alsleben Labor 264.60 Larry Karg Labor 208.00 Alfred Molitor Labor 254.80 Elmer Paulsen Labor 264.60 Ronald D. McKay Labor 163.35 David R. Hager Mileage 16.60 Albinson Supplies 46.64 Standard Oil Gas 3.26 Stearnswood Supplies 60.00 Mpls. Blue Printing Co. Suppliex 30.62 Family Rexall Drug Supplies 25.73 Coast to Coast Stores Supillies 6.46 Hutchinson Chamber of Commerce Supplies 1.25 Hutchinson Telephone Co. Service & calls 16.19 Hutch Wholesale Supply Co. Supplies 13.46 Wekther Guard Chest Inc. Tool boxes for new truck 126.00 Plowman's Maintenance equipment 107.22 Plowman's Towing cars 33.00 Hutch Utilities Gas 6.02 Municipal Electric Plant Power & lights 1,190.72 Hutchinson Medical Center Service 15.00 Bob's Tire Service Maintenance 257.93 Denler Truck Service Maintenance 8.30 crank Motor Co. Maintenance 18.30 Hall Equipment Inc. Maintenance 1,215.86 Jerabek Machane Shop Maintenance 1,663.10 Myron Wigen Chevrolet Co. Maintenance 13.80 Wesco Steel Co. Maintenance 58.82 Home Gas Co. Supplies 54.00 Wallner Printing Co. Supplies 24.50 Brunberg & Oleson Oil Co. Supplies 51.52 Farmers Union Colp Bil Gas '491.91 Regular Council Proceedings - 3 - August 11, 1969 Scientific International Research Supplies 121.75 Hutchinson Improvement Co. Supplies 1,286.00 W. H. Barber Oil Co. Supplies 2,006.32 Zila Hdwe. Supplies 99.00 Juul Contracting Co. Maintenance 641.48 Simonson Lumber Co. Supplies - street signs 3.15 Lyle Signs Inc. Supplies - street signs 93.90 Cash Drawer No. 4 Reimbursement 1.05 10,764.22 WATER & SEWER Gene Jensen Labor 154.00 Greg Pearce Labor 150.50 Hutchinson Utilities Gas 2.70 Hutchinson Telephone Co. Service & calls 35.38 Municipal Electric Plant Power & light fit% Lyon Chemicals Inc. Supplies 260.35 Davies Water Equipment Co. Supplies & repair 209.69 Clyde Gregor Maintenance 48.10 Simonson Lumber Co. Supplies 366.07 Water Products Company Maintenance 320.24 Wallner Printing Co. Subplies 24.50 Finley Mix Mileage 14.25 Frank Motor Co. Maintenance 40.45 Myron Wigen Chev. Co. Maintenance 7.40 Rite -way Auto Wash Gas 48.95 Zila Hdwe. Supplies 8.11 Rockite Silo Inc. Maintenance 2.38 Juul Contracting Co. Maintenance 2,588.50 13offman Plbg. & Htg. Maintenance 1.80 5,276.72 PUBLIC SITES TRUST FUND Hoffman Plumbing & Heating Maintenance 10.45 Lewis D. Freddland Aruhitectts fee 212.80 H. A. Jennings Architect/s fee 176.40 OFF-STREET PARKING FACILITIES G. F. Nemitzt Sons Municipal Electric Plant Zila Hdwe. SINKING FUND NO. 1 (new) M. J. Jacobs & Sons Duininck Bros. & Gilchritt Juul Contracting Co. Hutchinson Telephone Co. Cash Drawer No. 4 SINKING FUND NO. 6 Juul Contracting Co. Johnson Bros. 399.65 MaSntenance 26.04 Light 1.00 Maintenance - meters .63 27.67 Est. No. 1 1969-1 Part I 4,950.00 Est. No. 1 1969-2 6,300.00 Est. No. 3 1968-3 22,529.25 Calls .S3 Reimbursement 8.25 33,788.03 Extra Work 2,739.50 Est. No. 10 Phase II 63,931.81 66,671.31 Regular Council Proceedings - 4 - August 11, 1969 SINKING FUND NO. 8 Hutchinson Telephone Co. Calls .70 SINKING FUND NO. 9 Lametti & Sons Est. No. 2- Section A 114,326.52 M. J. Jacobs & Sons Est. No. 2- Section B 489769.74 Hutchinson Telephone Co. Calls 1.05 163,097.31 LIQUOR STORE Gordon Hakes Labor 220.00 Hutchinson Utilities Gas 1.35 Municipal Eldetric Plant Power & light 172.40 Municipal Water Dept. Water and sewer 4.65 Hutchinson Telephone Co. Service 15.60 Madsen Agency Insurance 676.00 Coast to Coast Stores Supplies 4.74 Rannow Electric Maintenance 5.00 Earl Sprengeler Freight 188.20 Coca-Cola Bottling Co. Supplies 250.67 Locher Bros. Beer 2,007.25 Premium Distributing Co. Beer 3,138.10 Olivia Bottling Co. Beer 790.55 Lenneman Beverage Dist. Inc. Beer 2,338.85 Marsh Distributing Beer 3,898.10 O2friggs, Cooper & Co. Li4xk :i*fi&Rx1fox Liquor 1,680.15 Johnson Bros. Liquor 744.68 Distillers Di.stributmmg Co. Liquor 7 788.15 Old Peoria Co. Inc. Liquor & wine 670.18 Griggs, Cooper & Co. Liquor & wine 269.97 Ed. Phillips & Sons Co. Liquor & wine 458.88 Ed. Phillips & Sons Co. Liquor & wine 407.66 �E�r �'�'�7�AC'E�.,4vi� �t r 18,731.13 Regular Council Proceedings - 5 - August 11, 1969 Motion by Alderman Alrick, seconded by Alderman Linder, that Construction Report and Monthly Estimate No. 1 in the amount of $49,038.00, and attached Statement of Engineering Services in the amount of $8,233.27 for Airport Improvement under S.P. 4304-05, Contract No. 738, Surfacing and Lighting, be approved for payment, and that the City Engineer be authorized to submit application to the State of Minnesota Dept. of Aeronautics for funds on the project to date. Motion carried unanimously. Motion by Alderman Alrick, seconded by Alderman Schafer, that Adm. Asst. Mealey be authorized to issue purchase order to West Publishing Co. for volumes 31 and 31A, plus current packet parts, for Minnesota Statutes Annotated, at an estimated cost of $95.00. Motion carried unanimously. Adm. Asst. Mealey reported he had been advised the City will receive $16,302.35 in flood disaster funds, approximately one-half eEowlhich will be received in the near future. Motion by Alderman Linder, seconded by Alderman Schafer, that the Mayor and Adm. Asst. be authorized to write letters to officials in Washington and to the League of Minnesota MunicipAlities urging that interest on Municipal Bonds continue to be tax free. Motion carried unanimously. The City Clerk presented Petition for Annexation from Myron E. Wigan Jr. and Vivian D. Wigen as follows: PETITION FOR ANNEXATION (attached) Motion by Alderman Schafer, seconded by Alderman Linder, that the above Petition for Annexation be refOrred to the City Engineer for report and to the Planning Commission. Motion carried unanimously. Motion by Alderman Linder, seconded by Alderman Alrick, that hearing on prezoning of Wigen annexation be held before the Planning Commission at 7:45 P.M. on August 18/ 1969, and tlye clerk shall give mailed and published notice of such hearing as required. Motion carried unanimously. Motion by Alderman Linder, seconded by Alderman Schafer, that hearing on prezoning of Schmidtbauer property prior to annexation be held before the Planning Commission at 8:00 P.M. on August 18, 1969, and the clerk shall give mailed and published notice/as required. Motion carried unanimously. of such hearing Engineer Priebe presented the Plan of the Final Plat of Riverview Hill Addition. Motion by Alderman Schafer, seconded by Alderman Linder, that the Plan of the Final Plat of Riverview Hill Addition be referred to the Planning Commission. Motion carried unanimously. Engineer Priebe presented Change Order #2 for Southwest Storm Sewer Project 17-7, Section A, and recommended itssgpproval, also approved by the Consultant Engineers. Alderman Alrick introduced the following resolution and moved its adoption: RESOLUTION NO. 2929 RESOLUTION COVERING CHANGE OREER NO. 2 - SECTION A ON SOUTHWEST STORM SEWER PROJECT NO. 17-7 (attached) Alderman Schafer seconded the motion to adopt said resolution, and upon vote being taken, all members present voted "aye" and Resolution No. 2929 was declared adopted by the City Council this 11th day of August, 1969. Engineer Priebe presented Change Order No. 3 for Southwest Stora Sewer Project 17-7, Section B, and recommended its approval, also approved by the Consultant Engineers. Alderman Schafer introduced the following resolution and moved its adoption: RESOLUTION NO. 2930 RESOLUTION COVERING CHANGE ORDER N0. 3 - SECTION B ON SOUTHWEST STORM SEWER PROJECT NO. 17-7 (attached) �1 A To: The Honorable Council of the City of Hutchinson, Minnesota The.undersigned do hereby respectfully petition the City Council of and for VxA City of Hutchinson to annex and incorporate within the bouadariea of I.hp C•;.tF of Hutchinson that certain property located in McLeod County, State of Minnesota., and described as follows, to -wit: That part of Lot 6 of Auditorts Plat of the West Half of Section 32, Twp. 117 N.� Range 29 described as beginning at a point on the -East line of said Lot 6, distant 1146.67 feet Southerly, as measured along said Bast line, from the Northeast corner of said Lot 6; thence Westerly parallel to the centerline of State Highway No. 7, a distance of 472.00 feet; thence Southerly parallel to the West line of said Lot 6, a distance of 100 feet; thence Westerly parallel with said centerline, a distance of 100.88 feet to the West line of said Lot 6; thence South along said West line, a distance of 275.00 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. Said above described property is umplatted and covers an area of 4�acres and the undersigned are JQgj of the owners in number of said prowty• Said above described property abuts on the City of Hutchinson and attached herewith is a copy of a plat shoxing its location in respect to the City of Hutchinson. Three copies of said plat were attached to the copy of this petition filed with the Minnesota Municipal Commission. Copies of this petition have been filed with the Minnesota Municipal Commission, the toxnship of Hutchinson p and the McLeod County Auditor on behalf of the McLeod County"a oCommissioners. Payment of the filing fee with the Minnesota Municipal Commission has been forwarded to said commission. The undersigned feel that the annexation of said property to the City of Hutchinson will be in the best interest of the City and of the property affected and said property is so conditioned as properly to be subjected to city government. This petition is submitted in compliance with the provisions of M.S.A. 414.03 Subdivision 2. Dated this 6th day of August 19kL. . ONER Myr en, Jr. PETITIONER�Vivian 5' Wigan RESOLUTION NO. 2929 RESOLUTION COVERING CHANGE ORDER NO. 2 - SECTION A ON SOUTHWEST STORM SEWER PROJECT NO. 17-7 WHEREAS, it has been determined that it is necessary and in the best interests of the residents of the City of Hutchinson to make certain changes in the contract with Lametti and Sons, Inc., St. Paul, Minnesota, for Section A of Southwest Storm Sewer Project 17-7 as follows, to -wit: Additional depth in 8411, 78" and 21" R.C.P. Additional item of 1211 Ductile Iron Pipe at a total increase in the contract of $4,000.00, and WIE REAS, the City Engineer and Consultant Engineers have recommended said changes, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF HUTCHINSON, MINNESOTA: That the Contractor shall proceed with the above work at prices listed in the change order, totaling $4,000.00; BE IT FURTHER RESOLVED: That the Mayor, City Clerk and City Engineer be and hereby are authorized to sign said Change Order No. 2 - Section A, on behalf of the City of Hutchinson covering such changes in construction of Southwest Storm Sewer, Section A. Adopted by the City Council this 11th day of August, 1969 �'4 -74 Attest 7` Q� ` , t--_ Agne . Monge, City C16,fk RESOLUTION NO. 2930 RESOLUTION COVERING CHANGE ORDER NO. 3 - SECTION B ON SOUTHWEST STORM SEWER PROJECT NO. 17-7 WHEREAS, it has been determined that it is necessary and in the best interests of the residents of the City of Hutchinson to make certain changes in the contract with M. J. Jacobs and Sons, Bird Island, Minnesota for Section B of Southwest Storm Sewer Project 17-7 as follows, to -wit: Addition of two (2) manholes and six (6) catchbasins on Dale Street between Linden Avenue and Milwaukee Avenue at a total increase in the contract of $2,636.00, and WHEREAS, the City Engineer and Consultant Engineers have recommended said changes, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF HUTCHINSON, MINNESOTA: That the Contractor shall proceed with the above work at prices listed in the change order, totaling $2,636.00; BE IT FURTHER RESOLVED: That the Mayor, City Clerk and City Engineer be and hereby are authorized to sign said Change Order No. 3 - Section B, on behalf of the City of Hutchinson, covering such changes in construction of Southwest Storm Sewer, Section B. Adopted by the City Council this 11th day of August, 1969 Attest 4." v. •�-� Agnes X1. Monge, City C1 rk Regular Council Proceedings - 6 - August 11, 1969 Alderman Alrick seconded the motion to adopt said resolution, and upon vote being taken, all members present voted "aye" and Resolution No. 2930 was declared adopted by the City Council this 11th day of August, 1969. The City Clerk presented petition from Myron and Vivian Wigen as 100% of the property owners for improvement of that area lying east of Ahrens Highland Park Subdivision and north of and abutting T.H. #7 by the installa- tion of sanitary sower and watermain. Alderman Schafer introduced the following resolution and moved its adoption: RESOLUTION NO. 2931 RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF REPORT (attached) �� Alderman Alrick seconded the motion x�c�c�� ' Olutang'upon vote being taken, all members present voted "aye" and Resolution No. 2931 was declared adopted by the City Council this 11th day of August, 1969. Adm. Asst. Mealey reported he has been negotiating for necessary easements for construction of watermain and sanitary sewer from Michigan Street to T.H. #7 to serve Ahrens Highland Park Subdivision as a part of Project 1969-1 (Part I) Sanitary Sewer and Water Project, and recommended that the Council consider an alternate route.:f:' Alderman Alrick introduced the following resolution and moved its adoption: RESOLUTION NO. 2932 RESOLUTION ORDERING PREPARATION OF REPORT (attached) Alderman Schafer seconded the motion to adopt said resolution, and upon vote being taken, all members present voted "aye" and Resolution No. 2932 was declared adopted by the City Council this 11th day of August, 1969. Alderman Schafer introduced the following resolution and moved its adoption: RESOLUTION NO. 2933 RESOLUTION TO APPOINT,SECRETARY OF THE COUNCIL BE IT RESOLVED BY THE CITY COUNCIL OF HUTCHINSON, MINNESOTA: That Dorothy J. Lerberg be authorized to act as Secretary of the Council during the absence of the City Clerk. Alderman Linder seconded the motion to adopt said resolution and upon vote being taken all members present voted "aye" and Resolution No. 2933 was declared adopted by the City Council this 11th day of August, 1969. Mayor Kost presented Certificate of Appointment of Commissioners of the Housing and Redevelopment Authority of Hutchinson, Minnesota, dated August 11, 1969. Alderman Schafer introduced the following resolution and moved its adoption: RESOLUTION NO. 2934 A RESOLUTION APPROVING THE APPOINTMENT OF THE COMMISSIONERS OF THE HOUSING AiNDSERIDLtNDOPMENT AUTHORITY OF HUTCHINSON, MINNESOTA (attached) Alderman Alrick seconded the motion to adopt said resolution, and upon vote being taken all members present voted "ayeT1 and Resolution No. 2934 was declared adopted by the City Council this 11th day of August, 1969. M. D. Schantzen, Notary Public, issued Oath of Office to Donald Flynn, J. Harold Beytien, Gertrude S. Busch and Hazel Baseman as Commissioners of the Housing and Redevelopment Authority of Hutchinson, Minnesota, such Oaths being duly signed, notarized and ordered filed. RESOLUTION NO. 2931 RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF REPORT (Wigen) BE IT RESOLVED BY THE CITY COUNCIL OF HUTCHINSON, MINNESOTA: 1. A certain petition requesting the improvement of that area lying east of Ahrens Highland Park Subdivision and north of and abutting T.H. #7, by the installation of sanitary sewer and watermain, filed with the City Council on the 11th day of August, 1969, is hereby declared to be signed by all the owners of property affected thereby. This declaration is made in conformity to Minn. Stats., Sec. 429.035. 2. The petitidn is hereby referred to Marlow V. Priebe, City Engineer, and he is instructed to report to the council with all con- venient speed advising the council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Adopted by the City Council this 11th day of August, 1969. Attest "', " Agnet7I. Monge, City C rk .'.iv 1 RESOLUTION NO. 2932 RESOLUTION ORDERING PREPARATION OF REPORT WHEREAS, the City Council has awarded contract for the improvement of Michigan Street from its north end in the Hutchinson Industrial Park to Highway 7 by sanitary sewer and watermain, pursuant to Resolution No. 2912 adopted by the City Council on June 30, 1969, and WHEREAS, such improvement is necessary for the improvement of Ahrens Highland Park Subdivision by sanitary sewer and watermain, and WHEREAS, it has now been determined that the improvement of Michigan Street from its north end in the Hutchinson Industrial Park to Highway 7 may not be feasible and should not be made as proposed, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF HUTCHINSON, MINNESOTA: Such proposed improvement istereby referred to Marlow V. Priebe, City Engineer, and he is $instructed to report to the council with all convenient speed advising the council as to whether the proposed improvement is feasible and as to whether it should best be made as proposed, and the estimated cost of the improvement as recommended. Adopted by the City Council this 11th day of August, 1969. Attest�" c Agn I. Monge, City CLgrk Alderman Schafer introduced the following resolution and moved its adoption: RESOLUTION NO. 2934 A RESOLUTION APPROVING THE APPOINTMENT OF THE COMMISSIONERS OF THE HOUSING AND REDEVELOPMENT AUTHORITY OF HUTCHINSON, MINNESOTA BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: That the appointment by Don 0. Kost, Mayor of the City of Hutchinson, Minnesota, of Mr. Donald Flynn, Mr. J. Harold Beytien, Rev. Thor Skeie, Mrs. Gertrude S. Busch and Miss Hazel Baseman to serve as Commissioners of the Housing and Redevelopment Authority of Hutchinson, Minnesota, for the period set opposite their names in the Certificate of Appointment dated August 11, 1969, be and the same is hereby approved. Alderman Alrick seconded the motion to adopt said resolution, and upon vote being taken all members present voted "aye" and Resolution No. 2934 was declared adopted by the City Council this 11th day of August, 1969. Don -0. Kost, Mayor Attest Z; -a, Agn&f I. Monge, City Cl k Published in The Hutchinson Leader on Friday, August 15, 1969. Publication #1203. Regular Council Proceedings - 7 - August 11, 1969 Engineer Priebe presented recommendation that certain areas of the 1969-1 Water and Sanitary Sewer Project be dropped from the project inasmuch as these services, -are no longer required. Alderman Schafer introduced the following resolution and moved its adoption: RESOLUTION NO. 2935 RESOLUTION TO ABANDON PORTION OF PROJECT (Project 1969-1 Water and Sanitary Sewer) (attached) Alderman Alrick seconded the motion to adopt said resolution, and upon vote being taken all members present voted "aye" and Resolution No. 2935 was declared adopted by the City Council this 11th day of August, 1969. Mayor Kost called for Hearing on Publication #1193 - Project 17-1 (Main Street) Assessment Roll - at 8:30 P.M. Fifteen (15) persons were present for the hearing. Engineer Priebe explained project costs and proposed assessments. Several property owners questioned the proposed assessment for watermain inasmuch as properties are serviced from the alley. to Mayor Kost explained the Council had determined mtkoAxmi assessments. •for watermain to all property owners abutting Main Street based on the following: 1) The alley watermain was never assessed to abutting properties. 2) The Main Street line will be available if needed in the future. 3) All properties will benefit from added fire protection and lower fire insurance rates. and pointed out that the City is absorbing costs for oversizing to serve as trunkline for laterals. In answer to a question, Mayor Kost pointed out that it has been City policy to make repairs to mains (more specifically main in alleys serving Main Street) from the Water and Sewer Fund, with property owners responsible for repairs to service leads from the main. Motion made, seconded and carried to close the Hearing at 9:25 P.M. Alderman Linder introduced the following resolution and moved its adoption: RESOLUTION NO. 2936 RESOLUTION ADOPTING ASSESSMENT (Project 17-1 "Street Improvements) (attached) Alderman Schafer seconded the motion to adopt said resolution, and upon vote being taken all members present voted "aye" and Resolution No. 2936 was declared adopted by the City Council this 11th day of August, 1969. The City Clerk called the Council's attention to agreement with Mafftn3eapilis Industrial Railway C6mmpany, dated September 9, 1968, which stated that watermain construction would be completed at the sole expense of the Licensee (City) . Alderman Linder introduced the following resolution and moved its adoption: RESOLUTION NO. 2937 RESOLUTION AMENDING ASSESSMENT ROLL (Project 17-1 Main Street Improvement) (attached) Alderman Schafer seconded the motion to adopt said resolution, and upon vote being taken all members present voted "aye" and Resolution No. 2937 was declared adopted by the City Council this 11th day of August, 1969. RESOLUTION NO. 2935 RESOLUTION TO ABANDON PORTION OF PROJECT (Project 1969-1 Water and Sanitary Sewer) WHEREAS, by Resolution No. 2858, adopted March 24, 1969, the City Council did order improvement/preparation of plans and specifications for the improvement of and STREET FROM South end of West Highland Park Drive - by way of 12, 13, 16 and 17 in Ahrens Highland Park Dale Street (Co. Road #7) Linden Avenue by watermain, and STREET FROM M easement through lots Subdivision approx. 400' south of Co. Road #77 Hackberry Avenue E. Highland Park Drive W. Highland Park Drive West Highland Park Drive Hackberry Avenue its south end South line of Lot 90 in Lynn Addition from proposed Sunset Avenue extension . to Dale Street (County Road #7) by sanitary sewer, and WHEREAS, Hackberry Avenue and West Highland Park Drive have been vacated pursuant to Ordinance No. 341 adopted by the City Council July 14, 1969, upon petition of the owners of abutting property in which petition said owners stated their intent to install water and sewer services as needed, and WHEREAS, inUtallation of watermain on Dale Street and sanitary sewer on the south line of Lot 90 in Lynn Addition were proposed to serve Christ the King Church, who have now indicated they do not need the services. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF HUTCHINSON, MINNESOTA: Thatttheconuncil determines not to undertake the improvements proposed as hereinbefore described. Adopted by the City Council this 11th day of August, 1969 Attest A I. Monge, City ClVrk RESOLUTION NO. 2936 RESOLUTION ADOPTING ASSESSMENT (Project 17-1 Street Improvements) (Main Street) WHEREAS, pursuant to proper notice duly given as required by law, the council has met and heard and passed upon all objections to the proposed assessment for the improvement of Main Street from Fifth Avenue South to the intersection of Highway 7 and Highway 15 (Fourth Avenue North) by watermain and sanitary sewer, and by subbase and base, curb and gutter, sidewalk, storm sewer, and all appurtenances NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF HUTCHINSON, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto, and made a part thereof,'is hereby accepted, and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of ten (10) years, the first of the installments to be payabtle on or before October 1, 1969, and shall bear interest at the rate of six (6) per cent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 1970. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to certifica- tion of the assessment to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment,. to the City Clerk, except that no interest shall be charged if the entire assessment is paid within forty-five (45) days from the adoption of this resolution. He may thereafter pay to the county treasurer the installment and interest in process of collection on the current tax list, and he may pay the remaining principal balance of the assessment to the city clerk. 4. The clerk shall file the assessment rolls pertaining to the assessment in her office and shall certify annually to the county auditor on or before October 10th of each year the total amount of installments and interest which are to become due in the following year on the assessment on each parcel of land included in the assessment roll. Adopted by the City Council this 11th day of August, 1969. Attest A s I. Monge, City Clk RESOLUTION NO. 2937 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 1111 1969, and W1£ REAS, as a part of said assessment roll those certain parcels as hereinafter described were assessed as follows: Part of Lot 6 and Lot 7. Block 20. N 1/2 Cit Roll #31 Chicago & Northwestern 80.0 feet @ $8.54 or $683.20 Item #549 Railroad - 275 East 4th St., for watermain St. Paul, Minnesota Part of Lot 1, Block 21._N 1/2 City 48.0 feet C $8.54 or $409.92 Roll #31 Chicago & Northwestern for watermain Item #552 Railroad - 275 East 4th St., St. Paul, Minnesota WHEREAS, it has now come to the Councilts attention that Agreement with Minneapolis Industrial Railway Company, dated September 9, 1968, pursuant to authority granted by the City Council on Resolution No. 2770, adopted August 26, 1968, states "The work of construction . . . shall be done and completed . . . at the sole expense of the said Licensee . . . '+ NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF HUTCHINSON, MINNESOTA: That these certain assessments which now exist against Part of Lot 6 and Lot 7, Block 20, N 1/2 City, and Part of Lot 1, Block 21, N 1/2 City, for the Improvement of Main Street under City Project No. 17-1, Section E,- Watermain, be abated and'removed from the assess- ment rolls. Adopted by the City Council this 11th day of August, 1969. Attest: " = 'Z?",/ Ag66s I. Monge, City(/Clerk Regular Council Proceedings - 8 - August 11, 1969 The City Clerk presented letter from Frank H. Lenhart, Area Manager, Public Buildings Service, stating that the Congress of the United States makes no appropriations for assessments and, therefore, no funds will be available to pay Main Street assessments on property owned by the Post Office. Alderman Linder introduced the following resolution and moved its adoption: RESOLUTION NO. 2938 RESOLUTION AMENDING ASSESSMENT ROLL (Project 17-1 Main Street Improvements) (attached) Alderman Schafer seconded the motion to adopt said resolution, and upon vote being taken all members present voted "aye" and Resolution No. 2938 was declared adopted by the City Council this llth day of August, 1969. Discussion of objection from Elmer Lee and Rollin Felska on watermain assess- ments wherein residential properties are assessed at the same rate as commer- cial properties. Alderman Linder introduced the following resolution and moved its adoption: RESOLUTION NO. 2939 RESOLUTION AMENDING ASSESSMENT ROLL (Project 17-1 Main Street Improvements) (attached) Alderman Schafer seconded the motion to adopt said resolution, and upon vote being taken all members press t voted "aye" and Resolution No. 2939 was declared adopted by the City Council this 11th day of August, 1969. Alderman Linder introduced Ordinance No. 346 for its second and final reading and moved its adoption: ORDINANCE'NO. 346 AN ORDINANCE TO AMEND SECTION II OF ORDINANCE NO. 325 RELATING TO AN ORDINANCE ESTABLISHING AND ADOPTING WATER AND SEWER RATES AND'CHARGES BY THE CITY OF HUTCHINSON (attached) Alderman Alrick seconded the motion of Alderman Linder, and upon vote being taken all members present voted "aye" and Ordinance No. 346 was declared passed and adopted by othe City Council this llth day of August, 1969. Alderman Linder introduced Ordinance No. 347 for its second and final reading and moved its adoption: ORDINANCE NO. 347 AN ORDINANCE ESTABLISHING THROUGH STREETS IN THE CITY OF HUTCHINSON AND PROVIDING PENALTIES FOR VIOLATION THEREOF (attached) Alderman Alrick seconded the motion of Alderman Linder, and upon vote being taken, all members present voted 'Saye" and Ordinance No. 347 was declared passed and adopted this 11th day of August, 1969. The Mayor presented letter from Robert H. Stearns asking that the City Council again take under consideration the vacating of the westerly portion of First Avenue NW, and stating his intent to proceed with platting of Riverview Hill Addition as submitted in Preliminary Plat. Alderman Linder introduced Ordinance No. 348 for its first reading and moved its adoption: ORDINANCE NO. 348 (Ordinance to Vacate Street)) (attached) RESOLUTION NO. 2938 RESOLUTION AMENDING ASSESSMENT ROLL (Project 17-1 Main Street Improvements) 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 those certain parcels of land described as Lots 6 and 7, Block 27, S 1/2 City, owned and occupied by the U. S. Post Office, 245 Main Street South, Hutchinson, Minnesota, were assessed as follows on assessment roll #31: Lot 6, Btock 27, S 1/2 Cit #166 Curb 661 C 0.19 $ 12.54 #282 Storm Sewer 4356 sq. ft. C 0.032 139.39 #393 Sanitary Sewer 661 C 6.80 448.80 #490 Watermain 661 C 8.54 563.64 Lot 7, Block 27, S 1/2 City #55 Paving 661 C 6.90 455.40 #167 Curb 661 C 0.19 12.54 #288 Storm Sewer 4356 sq. ft. C 0.032 139.39 #394 Sanitary Sewer Main - 661 @ 6.80 448.80 Service lead 95.29 544.09 #491 Water Main - 661 C 8.54 563.64 1" Service lead 146.88 710.52 WHEREAS, it has now come to the Council's attention that assessments may not be levied against property owned by the U. S. Government and sais property is used for a United States Post Office NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF HUTCHINSON, MINNESOTA: That thesecertain assessments which now exists against Lots 6 and 7, Block 27, S 1/2 City be abated and removed from the assessment rolls. Adopted by the City Council this 11th day of August, 1969. Attest%�/J c% es I. Monge, Uty Clerk RESOLUTION NO. 2939 RESOLUTION AMENDING ASSESSMENT ROLL (Project 17-1 Main Street Improvements) 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 those certain parcels as hereinafter described were assessed for watermain construction on assessment roll #31 as follows: Item #446 Lot 3 Block 32 S 1/2 City 661 $8.54 $563.64 Rollin H. Felska, 326 Main South Item #447 Lot 4 Block 32 S 1/2 City 661 @ $8.54" $563.64 E. S. & Vivian Lee, 336 Main South WHEREAS, it has now been determined by the City Council that benefits accrued to these properties are not equal to the cost of the water main improvement for these properties, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: That these certain assessments which now exist against Lots 3 and 4 Block 32 S 1/2 City be and hereby are amended as follows, to -wit: Item #446 Lot 3 Block 32 S 1/2 City 661 C $3.50 $231.00 Rollin H. Felska, 326 Main South Item #447 Lot 4 Block 32 S 1/2 City 661 C $3.50 231.00 E. S. & Vivian Lee, 336 Mjin South Adopted by the City Council this 11th day of August, 1969. Attest " °./;, ,ems Agn I. Monge, Cit Jerk r (PBblished in The Hutchinson Leader on Friday, August 15, 1969) PUBLICATION NO. 1202 ORDINANCE NO. 346 AR'NORDINANCE TO AMEND SECTION II OF ORDINANCE NO. 325 RELATING TO AN ORDINANCE ESTABLISHING AND ADOPTING WATER AND SEWER RATES AND CHARGES BY THE CITY OF HUTCHINSON THE CITY OF HUTCHINSON DOES ORDAIN: SECTION I. That Section II of Ordinance No. 325 be and the same is hereby amended so that as amended the said Section II shall read as follows: "Section II. The basic rate due and payable to the City by each water user within the City for water taken during any quarter from the water supply osystem shall be as follows: TTA. Consumption per three-month Water rates per three-month billing period consumption period 3,000 gallons or less $1.50 next 12,000 gallons plus $.55 per 1,000 gallons next 75,000 gallons plus $.33 per 1,000 gallons next 90,000 gallons plus $.28,per 1,000 gallons next 180,000 gallons plus $.24 per 1,000 gallons next 270,000 gallons plus $.21 per 1,000 gallons next 270,000 gallons plus $.19 per 1,000 gallons over 900,000 gallons plus $.17 per 1,000 gallons "B. Except that in the case of apartment buildings, condominiums, mo i.lmobile home parks, or any other form of multiple residential dwelling with facilities for more than two households, and having only one water meter, the consumption amounts herein listed shall be multiplied by a factor equal to 80% of the number of dwelling units contained within each such structure or complex, and the quarterlycbill shall be computed on that basis." SECTION II. This Ordinance shall take effect and be in force from and after its passage and publication according to law. Adopted by the City Council this 11th day of August, 1969. Agnes*V. Monge, City Clerk (Published in The Hutchinson Leader on Wednesday, October 1, 1969) PUBLICATION NO. 1213 ORDINANCE NO. 347 AN ORDINANCE ESTABLISHING CERTAIN THROUGH -STREETS IN THE CITY OF HUTCHINSON AND PROVIDING PENALTIES FOR VIOLATION THEREOF THE CITY OF HUTCHINSON DOES ORDAIN: SECTION I. That the following named streets, to -wit: First Avenue North at its intersection with Jefferson - Street, Hassan Street and Franklin Street Second Avenue South at its intersection with Jefferson Street, Hassan Street and Franklin Street Third Avenue South at its intersection with Jefferson Street, Hassan Street and Franklin Street Fourth Avenue South at its intersection with Jefferson Street, Hassan Street and Franklin Street be and the same are hereby declared, established and made through - streets. SECTION II. No vehicle shall enter into or upon said streets designated as through -streets without first coming to a full stop before entering into or upon any portion of said designated through -streets. SECTION III. Any person driving or entering into or upon said through - streets with any vehicle without first having come to a full stop before entering the same, shall upon conviction thereof, be fined not more than $100 or imprisoned for more than ninety (90) days. SECTION IV. This Ordinance shall take effect and be in force from an after its passage and publication. Adopted by the City Council this 11th day of August, 1969. t-� ( s. Agnes I. Monge f City Clerk ORDINANCE NO. 348 AN ORDINANCE TO VACATE STREET THE CITY OF HUTCHINSON DOES ORDAIN: SECTION 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 maintenance 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 Regular Council Proceedings - 9 - August 11, 1969 Alderman Schafer seconded the motion of Alderman Linder, and upon vote being taken all members present voted "aye" and Ordinance No. 348 was declared passed on its first reading. Motion by Alderman Alrick, seconded by Alderman Schafer, that hearing be held before the City Council at 8:00 P.M. on August 25, 1969 on vacation of the westerly 2-6.3 feet of First Avenue NW, and the' Clerk shall give mailed and published notice of such hearing as required. Motion carried unanimously. Adm. Asst. Mealey presented recommendation from Building Committee that the City adopt the Uniform Building Code, 1967 Edition, Volume I, by reference, with two amendments as outlined. Alderman Linder introduced Ordinance No. 349 for its first reading and moved its adoption: ORDINANCE NO. 349 (Building Code) (attached) Alderman Schafer seconded the motion of Alderman Linder, and upon vote being taken all members present voted "aye" and Ordinance No. 349 was declared passed on its first reading. Adm. Asst. Mealey presented propd)sed Housing Code revised to include recom- mendations of the City Council in preliminary studies. Alderman Schafer introduced Ordinance No. 350 for its first reading and moved its adoption: ORDINANCE NO. 350 a AN ORDINNNCE ESTABLISHING A HOUSING CODE FOR THE CITY OF HUTCHINSON (attached) Alderman Linder seconded the motion of Alderman Schafer, and upon vote being taken all members present voted "aye" and Ordinance No. 350 was declared passed on its first reading. Motion by Alderman Alrick, seconded by Alderman Linder, that Application for License to Sell Cigarettes, groper fee paid, be approved and License issued to Jerry & Marie Eischens to sell cigarettes for a period of five months, beginning August 1, 1969, at the Ginger Bread House, 209 Main Street South. Motion carried b.nanimously. Motion by Alderman Linder, seconded by Alderman Schafer, that Application for Variance No. 1059 from Robert Stearns, proper fee paid, be approved for variance to 8* in rear yard setback, as recommended by the Planning Commission, based on the following findings pursuant to Sect. 15, Sub. .x of Ordinance No. 245: E -3-i 1) Proposed construction will not impair the adequate supply of light and air to adjacent property. 2) Proposed construction will not increase the danger of fire or endanger public safety. 3) Proposed construction will not unreasonably diminish or impair estab- lished property values within the neighborhood. 4) Proposed construction will not in any other way be contrary to the intent of Ordinance No. 245. Motion carried unanimously. Aaron Wendt questioned whether he could be permitted to wait with filling of excavation on -Bldg. Permit #772. The Coiancil explained that the Bldg. Inspector and Engineer have reported the existing footings cannot be used in a future building, and repeated ita'Linstruction to fill the excavation as authorized in motion July 28, 1969. Mr. Wendt stated he would comply. Motion was made, seconded and carried unanimously that the following applica- tions for building permits be approved and permits issued as recommended by the Citv Engineer: (Published in the Hutchinson Leader Sept. 5, 1969 - Publication No. 1207) ` ORDINANCE NO. 349 AN ORDINANCE REGULATING BUILDING CONSTRUCTION AND PROVIDING PENALTIES FOR VIOLATION THEREOF. The City of Hutchinson does ordain: SECTION I. The tMiform Building Code, 1967 Edition, Volunn I, published by the International Conference of Building Officials, a copy of which is on file at the office of the City Clerk of the City of Hutchinson, 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. 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. Wheeever 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 the builder to correct the deficiency before proceeding with further contruction activity. Upon correction, the builder sMll call for a reinspection, For any such reinspectton to determine the correction of deftciencies, the builder shall pay a fee which shall be established by the Ctty Counctl by resolution and, from time to time., shall be increased 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. 44y that said violation shall remain in effect., SECTION V. This Ordinance shall take effect and be in force from and after its passage. Adopted by the City Council this 25th day of kugust, 1969. a-l� e i�4t4-4!tz Eliza eth C. Jense , Deputy City Clerk e • e- ORDINANCE NO. 350 AN ORDINANCE ESTABLISHING A HOUSING CODE FOR THE CITY OF HUTCHINSON THE CITY OF HUTCHINSON DOES ORDAIN: SECTION 1: TITLE AND SCOPE 1.1 This ordinance shall be known as the "Housing Code," may be cited as such and will be referred to herein as "this Code." 1.2 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 shall apply to all buildings or portions thereof used, or designed or intended to be used, for human habitation. Such occupancies in existing buildings may be continued as provided in Section 104 of the "Building Code," except such structures as are found to be substandard as defined in this Code. Where any building or portion thereof is used or intended to be used as a combination apart- ment 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. (b) Alteration. Existing buildings which are altered or enlarged shall be made to conform to this Code insofar as the new work is concerned and in accordance with the following provisions: 1. Additions, Alterations,. and Repairs: More than 50 Per Cent. When additions, alterations, or repairs within any 12 -month period exceed 50 percent of the value of an existing building or structure, such building or structure shall be made to conform to the requirements for new buildings or structures. 2. 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 sand 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) Authority. 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 oocupier 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 - 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 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 - 2.2 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 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 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 copporation 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. After conviction for violation of any,)provision becomes final, 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 , 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. so 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, excluling 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. Mt 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 ceiling 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 flo¢ area 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 (31x51) 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 sink of similar absorbent material shall be permitted. (d) Fixtures. All plumbing fixtures shall be connected to a sanitary sewer or to an approved private sewerage,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 of of similarly non-absorbent materials. �G (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 type. 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- Y 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 buildingsor 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 oonditions 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: � � J 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 deteri6ration. 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 which 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 - Regular Council Proceedings - 10 - August 11, 1969 No. 929 Stanley Kozel Addition Part lots 5, 6, 7 Block 3 S 1/2 inasmuch as addition will have no basement and will be above flood level. No. 1055 Charles Tews Enlarge tool shed 714 South Jefferson No. 1056 Dean Hansen House & garage Lot 12 Rice Addition No. M057 Dean Hansen House & garage Lot 13 Rice Addition No. 1058 Dean Hansen House & garage Lot 14 Rice Addition Discussion of application for building permit No. 1060 from Myron Wigen for garage east of Ahrens Highland Park Subd. and north of Hwy. V. The Council recommended Mr. Wigen seek a permit from the Township inasmuch as it does not have jurisdiction over permits until annexation has been completed. Motion made, seconded and carried uanimously that the following applications for water and sewer taps be approved and permits issued: Hp.Bldg. Permit #1056 Dean Hansen Lot 12 Rice Addition On Bldg. Permit #1057 Dean Hansen Lot 13 Rice Addition On Bldg. Permit #1058 Dean Hansen Lot 14 Rice Addition Motion by Alderman Linder, seconded by Alderman Schafer,•and carried unanimously that the following transfers be and hereby are authorized: $85,000.00 from S.F. #8 to S.F. #1 as loan $10,000.00 from Liquor Store to General Fund Motion by Alderman Linder, seconded by Alderman Alrick, and carried unani- mously that the Council approves the &nV&mftent of $8000.00 in Liquor Store funds to July 31, 1970. Motion by Alderman Schafer, seennded by Alderman Alrick, and carried unani- mously that the City Clerk be authorized to cash investments as necessary to meet current bills in S.F. #6, S.F. #8 and S.F. #9. (Note: Not necessary to cash any S.F. #6 investments.) Mayor Kost called for bids on Publication #1197 - Gasoline and Diesel Fuel = at 8:00 P.M. Two bids were received, as follows: BIDDER & ADDRESS Peterson Oil Co. Hutchinson, Minn. F. H. Schmeling Standard Oil Agent Hutchinson, Minn. BID SECURITY Cert. check $283.00 Cert. check $271.25 and Bid Bond $ 51.10 on diesel DIESEL FUEL GAGOLINE $0.1295 (no taxes) $0.1440 fuel $0.2135 with state tax included $0.1470 with state tax not included Bids were checked by Adm. Asst. Mealey for compliance with specifications. Motion by Alderman Alrick, seconded by Alderman Linder, that bid be awarded to Peterson Oil Co. for #2 diesel fuel and gave dine, ps low bidder Motion carried unanimously.`` "°i o 7�` �.- tea° _ •�.. ;j4 Adm. Asst. Mealey presented request from Fern Hoff for leave of absence from approximately September 15 to April 1, 1970 so that she may join her husband for his last six months of duty with the U. S. Army. Motion by Alderman Schafer, -seconded by Alderman Alrick, that leave of absence be granted to Fern Hoff as rgquested. Motion carried unanimously. Motion by Alderman Linder, seconded by Alderman Schafer, that Adm. Asst. Mealey be authorized to employ required personnel in the Clerk's office to handle duties during the abseace of Fern Hoff and possible absence of the City Clerk. Motion carried unanimously. Motion was made, seconded and carried to adjourn at 10:30 P.M. HUTCHINSON PLANNING COMMISSION August 18, 1969 The Regular Meeting of the Hutchinson Planning Commission was called to order by Chairman Clinton Tracy in the Council Chambers at 7:30 P.M. on Monday, August 18, 1969. Members present: Clinton Tracy, Leslie Linder, Ethne Stearns, Tom Cone; Adm. Asst. Mealey, Engineer Priebe. Members absent: Gordon Bublitz, John Povolny, Arne Heil, Dr. A. J. Thompson Minutes of the meetings of July 21 and August S, 1969, were approved as read. PETITUK FOR ANNEXATION - Myron and Vivian Wigen Engineer Priebe reported petition had been received for water and sewer services and reported there would be no problem in furnishing such utilities. Mr. Wigen stated he would be willing to submit an amended petition to include the 100.001 x 100.881 piece in the northwest corner of land as described in the petition to "square off" the area to be annexed. Motion by Tom Cone, seconded by Ethne Stearns and carried, that the Planning Commission approves the annexation as petitioned by Myron and Vivian Wigen, with the understanding that this additional parcel 100.001 x 100.881 would be included in an amended petition. PLAN OF FINAL PLAT - RIVERVIEW HILLS ADDITION Engineer Priebe presented the Plan of the Final Plat. Motion by Leslie Linder, seconded by Tom Cone, and carried, that the Planning Commission recommends to the City Council that the Plan of the Final Plat of Riverview Hills Addition be approved with the following stipulations: 1), Name to be Riverview Hills Addition rather than Riverview Hill as indicated on Preliminary Plat. 2) No parks and playgrounds contribution requirement inasmuch as the plat is a rearrangement of previously platted land made to eliminate the need of making land transfers by metes and bounds. 3) The subdivider will contract for extension of watermain as required. 4) Street surface disturbed for watermain construction will be replaced at the cost of the developer. 5) 121 easements for drainage and utilities on all side and rear lot lines, centered on the lot lines. 6) No Subdivision Agreement will be required. ANNEXATION - RICHARD SCHMIDTBAUER PROPERTY Motion by Tom Cone, seconded by Leslie Linder,/that the Planning Commission and carried, Hutchinson Planning Commission - 2 - August 18, 1969 approves annexation of property owned by Richard Schmidtbauer and described as follows: All of Lot 17 of Auditorts plat Section Seven (7), Township 116 N, Range 29. W, as recorded in the Office of the County Auditor, McLeod County, Minnesota. HEARING ON PREZONING SCHMIDTBAUER PROPERTY - Publication #1199. Chairman Tracy opened the hearing on prezoning of Schmidtbauer property at 8:00 P.M. pursuant to Publication #11.99. Discussion with Mr. Schmidtbauer as to best zoning for the parcel described as Lot 17 of Auditor's Plat Section Seven (7), Township 116 N, Range 29 W, as recorded in the Office of the County Auditor, McLeod County, Minnesota, with recommendation prezoning of 11B-1." Hearing closed at 8:10 P.M. on motion. Motion by Leslie Linder, seconded by Ethne Stearns, and carried, that the Planning Commission recommends to the City Council that property to be annexed as above described be prezoned "B-1" Neighborhood Business District. HEARING ON PREZONING WIGEN PROPERTY - Publication 1200 Chairman Tracy opened the hearing on prezoning of Wigen property, pursuant to petition, at 7:45 P.M., pursuant to Publication #1200. Motion made, seconded and carried to table hearing until Mr. Wigen is present. Chairman Tracy reopened the hearing at 8:23 P.M., with Mr. Wigen and six other persons present. Mr. Wigen explained use of the land to be prezoned "B-3" General Business District as construction of automotive repair shop and sales lot. The Township stated they had no objections to prezoning as petitioned and proposed. Hearing closed at 8:25 P.M. on motion. Motion by Leslie Linder, seconded by Tom Cone and carried, that the Planning Commission recommends to the City Council that land to be annexed by Myron and Vivian Wigen be prezoned "B-3" General Business District as petitioned. APPLICATION FOR SPECIAL PERMIT #1054 - SIGN - LaSalle Cleaners Motion by Ethne Stearns, seconded by Leslie Linder, that the Planning Commission that the application for special permit #1054, proper fee paid, for sign at LaSalle Cleaners, 140 North Main St., be approved and permit issued in that it meets requirements of Ord. 245. Motion carried. RESIGNATION OF JOHN POVOLNY Chairman Tracy submitted the resignatinn request of John Povolny. Members were asked to bring recommendations for person to complete Mr. Povolny's Hutchinson Planning Commission - 3 - August 18, 1969 term for consideration at the September meeting. SUBDIVISION REGULATIONS AS RELATE TO PARKS AND PLAYGROUNDS CONTRIBUTION Discussion, realizing that City wishes to encourage and give incentive to developers of large tracts of land with a sliding scale of amounts of land or cash to be contributed for parks and playgrounds, dependent on size of area to be developed. Adm. Asst. Mealey and Engineer Priebe were requested to draw up a proposed schedule of parks and playgrounds contribution, based on acreage being developed, and keeping in mind contributions from recent developments. McDONALD LAKE VIEW TERRACE MOBILE HOME PARK Engineer Priebe reported he had attended meeting of County Planning Commission on Mr. McDonald's request for a mobile Home park permit, and the County Planning Commission recommended that the County issue a permit for additional mobile home park site contingent upon Mr. McDonald's receiving approval from the township for required permit and approval from the township and City of Hutchinson relative to street pattern to serve the area. Engineer Priebe presented a proposed street plan for the McDonald farm for study prior to special Planning Commission meeting on August 26, 1969. Motion was made, seconded and carried to adjourn at 9:45 P.M. Ethne Stearns, Secretary Q — 3 ' Recteation is oital lat 900�living-0000 Programs— �um a0 l ivinJ is 900� in Rutchinso" mer Joe Youmans, Larry Crraf Ngrounds— rs. Sylvia Altmeyer, MMINUTES of the RECREATION BOARD MEETING for AUGUST 1969, Mts., Clifford Popp, ,Roger Dekoster, Rev. Alen TravaiHe Tite,Recreation Board meeting was called at 7:30 P*M. at Winter Program— ;Roger Dekoster, Robort Backlund the recreation building on Tuesday evening, August 190. VrWm.ing— Miskoff, tynden McLain E(Drp E. J. May, Rev. Allen Travaille Members present Included: Sylvia Altmeyer, Robert Baditlund, Dt. J. MAY crct1. Lynden McLain, Gary Esping, Ivan Hurt, and Gene: May. I N HURT ity Recreation Director M TBRINKMAN Bills were read and approved on a motion by McLain , second by Altmeyer. ONe bill was held back RE: wiring at the River Softball Field and in favor of the Softball Assoc. The exact amount of money which- :- they will have to help meet this expense is not now known- Gary Esping is working with this on field development. group aY. Question on broken window sil- Hurt pointed oiit that Fred Roberts Vark, knew about this and that a request to fix it had been made. ' Summer Program Committee, Graf, Esping andHurt reported that they !. had been concerned about the lights on the old field. Because of the condition ofthe wiring they are now turned off. After some discussion it was agreed that due to the fact that we will need lights for Broomball these lights should be taken down and used for Broomball and for replacements at other areas. Also, Church the copper wire can be saved and sold for junk. Dave Mooney's report was read on baseball. Kis request for incs•v ease in wages andhelp was considered and it was agreed that-- GjF3'C at least 10,% should be considered for the Supervisor and his assistant-- it was further agreed that additional help be Hc��;��$Q�►% provided by using three young men rather than a more expensive second assistant.( suggested 3 boys at $100.00 each). CONCERN FOR DUMPING SNOW AND DEBRIS ON THE FIELD SHOULD BE BROUGHT TO Boating THE PROPER PERSON., It was fuz*er suggested that the SHACK be moved to the west so that the north field could be moved to a back to back position with the other field-- this same request had been made by the SLOWPITCH GROUP. A letter from AL-CROMA, Inc. was read concerning the Color Seal Coating project which was instituted one year ago. Hurt pointed out that he had had many calls and also that he was trying to ti work with Fred Roberts so that the project could be completed this fall. Hurt had intended to use the N.Y.C. boys to help PiaYgrourlds with this project but their summer work ended last week and now It all falls on to the Park Crew. Hurt pointed out that Tom Mealey had informed him that this was not budgeted for in the rack Budget and some of the work could not be completed until e SPRING. The main concern was repair of the retaining wall between the courts# ( nine blocks to be replaced along wit4fseven silo staves) after pointing out that this was the resultwater and -� freezing it was agreed that hot mix be obtained and placed in this low area; also, a similar 8" block retaining wall be placed on top of the cement slab at the south end to prevent water from wash- icedCrossSvvinmiing ing sand onto the South end of the courts. (Hurt provided cost Aug- -2- -figures 2- figures on the block -k- block 140 4 21¢-- 29.1, ind staves 45.0 45- 20,25 with total cost at #49.65 for materials and labor about the same Total cost #100.00) Another item of importance was SEAL COATING THE AREA ADJACENT TO THE COURTS -(so that no damage would be done to the new surface on the courts)•. Hurt pointed out that he had contacted Harry Otto and was informed that the small 011 Cart with hose was available and that there was plenty of oil if Fred's Crew would do the work. On a notion by McLain second by Esping it was agreed to use capital Oqtlay and get the necessary work completed so that the final SEAL COLOR COAT COULD BE APPLIED. Question on the condition of the black -top adjacent to the building came up and Hurt informed the board that it seems that there is a change in policy or attitude toward our getting this type of work done as it hadbeen done In the past by Street and Park crews. Roberts and Hurt had been concerned about this for some time as the black top would soon be beyond sealing. It was agred that a figure be placed in the 70-71 budget to take care ofthis project.-- It was however, pointed out that the area just west of the TENNIS COURT be sealed before the Al-Croma is placed. ( HURT ADDED THAT HE HAD TALKED TO SCHAFER ABOUT THIS BUT THAT HE WAS OUT OF TOWN EVENINGS THIS WEEK AND THAT DR. MAY, SCHAFER AND HURT WOULD GET TOGAWHER on the 23th of August to review the budget and further discuss the project.) Robert Backlund presented cost figures from three sources RES BRROOMBALL RINE. After some discussion it was agreed that Hurt work with this project and try to meet the cost figure with our current budget which had been set up for PLAYGROUND DEVELOPMENT. It was agreed that temporary lighting be Planned forthe area for broomball and that due consideration be given to this activitT after one more year. ( L w figures 2x8n --23¢ 2x 10 28¢) Approx cost 75 x 200 ' $500.00 boards- a9d #150- $200. for supports and hardware. Discusstnn then centered around the repair of lights for PLEASURE RINKt In that the City Crew had broken down one of the light posts to the NX, it was necessary to move this pole to the west perimeter of the rink- also, it was agreed that the other pole at the N.E. corner serving the north end, be taken down and moved -to the north so that it too would be outside of the actual skating area. Hurt agreed to contact Quades and have this work dons before the football season started. Hurt reported on the WATER SAFTEY SWIM INSTRUCTION PROGRAM AND THE RECREATICS SWIM PROGRAM AT THE HIGH SCHOOL POOL- He presented the report prepared by t supervisor in charge. By adding a 4th session for lessons -three instructors did the same work as four did last year- but only with a substantial increase. It was agreed that the swim report be sent to the school for acceptance of the report and the 4800,00 balance to be used for full rental fee:, 02 took lessons for approximately 6320 swim hours-- recreatiosl swimming totaled 8840 hours with a total of 15,160 hours of swimming at the High School Pool. A report on the COMMMITY THEATER- pointed out that it was quite successful - except the adult help wasnot available at the end and Hurt had helped the group get the necessary materials needed from the school and that he had spent allof Monday getting this back to the z zkm3 k High School so the Elementary area could be cleaned- this agreed had been made with the school that all would be out on Monday August 18th. Hurt plans to meet with the officers and those interested in the Community Theater during October. SENIOR CITIZENS- at a recent meeting of the Senior Mizen's Center Board - Rev, Ralph Kuether was elected to serve the remainder of the year as the Board chairman. The President of the Senior Citizen's Club was asked to be an ex-offlo member of the board- Also, the group had been contacted to assist in a house to house survey being made by the city re: housing. It was pointed outthat the diving boards and ladders should be removed from the Mill Pond area nowthat the swim area is closed-- Hurt reported that Fred Roberts would take care of this during this week in that he had been informed of the area being closedxfor the season. Hurt reported that FOOTBALL would start in September for 8 weeks- and this in turn would be followed with the three activity winter program at the school a Saturday afternoons-- Also, basketball will again be provided afternoons at the elementary school as it was in Jan. Feb. and March last year. The remainder of the evening was spent on budget planning and Hurt agreed to contact some members who were absent regarding certain activities in the year-round program. A final budget request will be presented at the Septemner meeting. No other business the meeting adjourned t O.F.M. Gone May, Seor�tary CITY OF HUTCHINSON (,U1111890tC1 55350 OFFICES AT 37 WASHINGTON AVENUE WEST August 8, 1969 TO: The Honorable Council FROM: Administrative Assistant SUBJECT: Change of Meeting Time - August 11, 1969 Mayor Kost has,asked the Council to meet at 7 P.M. in the Council chamber for discussion of Building Code and situation of Building Inspector. R ctfullly submitted, Eomas E. Mealey TEM: j1