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cp01-26-1970 Ver 1 ci�LTDI Al REGULAR COUNCIL MEETING JANUARY 26, 1970 1. CALL TO ORDER - 7:30 P.M. 2. INVOCATION - Rev. Thomas Exley 3. MINUTES TO BE APPROVED: Regular Meeting January 12, 1970 Special Meeting January 15, 1970 Special Meeting January 16, 1970 4. PRESENTATION OF BILLS NEW BUSINESS TTA" 5. APPROVAL OF SPECIFICATIONS AND REQUEST FOR BIDS - POLICE PATROL CAR (Publication No. 1244) 6. CALL FOR BIDS - CONSTRUCTION OF MENTAL HEALTH ADDITION TO HOSPITAL (8:00 P.M., February 9, 1970 7. APPROVE INVESTMENT OF APPROXIMATELY $981000 IN S. F. # 1 8. APPROVE ASSESSMENT ROLL - 1968-3, Watermain and Sewer Project OLD BUSINESS TrBtr 9. STREET DEPARTMENT EQUIPMENT - Grader 10. SECOND READING ORDINANCE NO. 358 - Ordinance Regulating Operation of Motor Vehicles and Traffic Laws and Providing Penalties Therefore TTCTT 11. FIRST READING SNOWMOBILE ORDINANCE (359) 12. SWANSON-KING REZONING: Approved by Planning Commission 13. MINNI-MOD (Peterson -Paulson) REZONING: Approved by Planning Commission 14. PRELIMINARY PLAT - CEDAR ACRES: Approved by Planning Commission HEARINGS 15. 1970 STREET IMPROVEMENT: 8:00 P.M. "Eft 16. REZONING - CEDAR ACRES - SECOND READING ORDINANCE NO. 357: 9L00 P.M. PETITIONS AND COMMUNICATIONS rTFTT 17. LETTER - JUNE OTTERNESS, SECRETARY OF HOSPITAL BOARD TTGTT 18. LETTER TO McLEOD COUNTY PLANNING COMMISSION RE "RIVER HILLS TERRACE" PROPOSED SUBDIVISION 19. ADJOURNMENT REGULAR COUNCIL PROCEEDINGS JANUARY 12, 1970 The meeting was called to order at the hour of 7:30 P.M. by Mayor Kost. The invocation was given by Rev. Exley. Attorney Schantzen administered the Oath of Office to Newly elected Mrs. Elizabeth Jensen, Alderman; reelected Leslie B. Linder, Alderman; and reelected Mayor Kost. Mayor Kost welcomed Alderman Jensen to the Council. Alderman Black moved the minutes of the regular meeting of December 22, 1969 be approved. Alderman Linder seconded the motion and it was carried unanimously. Alderman Linder moved the following bills be approved for payment. Alderman Black seconded the motion and it was carried unanimously. General Fund Joyce Miller Ronnie Smahel A. W. Asplin G. Hammer Audley Jorgenson G. Krasean B. J. Kummet Russell Meade F. Murphy Harvey Daharsh Dorothy Hassman Cheryl M. Heicnerl Wm Marquardt Kenneth Root Wayne Scbt3t', Theophil Grunewaldt Lori P. Maynard Susan Weigle Harold Synstelien State Treasurer State Treasurer Hutchinson Telephone Company Hutchinson Utilities Municipal Electric Plant Coast to Coast Grams Insurance Agency Columbia Ribbon d Carbon Mfg. Co. 3M Business Products Sales• Inc. Wallner Printing Company Burroughs Corporation Standard Printing Co. T. E. Mealey Richard Popp Hutchinson Refuse Service Blue Shield of Minnesota Culligan Fairway Foods Kurth's Foods Leef Bros., Inc. Municipal Liquor Store Marking Device Association Miller -Davis Company T. E. Mealey Persian Office Machines Office Supply Distributors, Inc. S d L Store S. A. Nies, Fire Exting Sales Labor 61.10 Labor 65.00 Police Reserve 19.00 Police Reserve 6.00 Police Reserve 19.00 Police Reserve 6.00 Police Reserve 6.00 Police Reserve 14.00 Police Reserve 21.00 Dispatch 76.00 Dispatch 45.60 Dispatch 30.40 Dispatch 15.20 Dispatch 186.00 Dispatch 15.20 Dog Catching 29.40 Clerk of Court 111.13 Labor 72.00 Electrical Inspections 266,00 Employer Contributions for PERA 1706.86 Employer Contribution on Luella Oklobija 23.07 Service 235.74 Service 264.14 Service 158.34 Expense 12.07 Workmen's Compensation Premium 4565.00 Supplies 13.26 Supplies 412.08 Supplies 12.50 Maintenance Agreement 32.50 Supplies 126.55 Moving Expense 300.00 Expense 21.00 Service 18.00 Service 99 Service _ 9.00 Expense 6.16 Expense 20.56 Expense 10.60 Ambulance gagage rent 25.00 Supplies 4.20 Supplies 14.44 Trip to Mpls. 13.20 Expense 41.50 Expense 18.22 Expense 12.98 Expense 315.95 *Members Present: Aldermen Jensen, Linder, Black, Alrick. Also present: Adm. AssQt. Mealey, Engineer Priebe, Attorney Schantzen. Members Absent: None REGULAR COUNCIL MEETING -2- January 12, 1970 GENERAL FUND -continued G. F. Nemitz Sons Hutchinson Fire Department National Fire Protection Minnesota State Fire Dept. Assn. Chief H. Richard Harrigan Leo's Electronics Sheldon Nies Hutchinson Ambulance Service Peterson Oil Company McLeod County Treasurer Lindy's Sinclair Meehring Motors Lindy's Sinclair Bob's Tire Service Standard Oil Company Don's Skelly Hutchinson Police Dept. Family Rexall Drug Western Oil, Continental Oil Co. Stearnswood, Inc. Hutchinson Business Service Hutchinson Community Hospital Henke's Cafe Frank Motor Co., Inc. Hutchinson Wholesale Supply Co. Quade's Wally's Tire Shop Zila Hardware Don Kost ROAD & BRIDGE FUND Clinton Christensen Dick Jensen Earl Alsleben Larry Karg Alfred M. Molitor Elmer Paulsen Wilbert Froemming Joe Getz David R. Hager Russell Hurt Lon Lenzen Ed Ondrachek Clifford Paulsen Curtis Paulsen James Urban Hutchinson Telephone Co. Hutchinson Utilities Municipal Electric Platit Albinson Westinghouse Electric Supply Quade's Karg's Kustom Kampers Coast to Coast Hutchinson Farm Service Hutchinson Wholesale Supply 0. A. Bretzke & Son, Inc. Michael Todd & Company, Inc. Zila Hardware Home Gas Company Inc. Bob's Tire Service Co. Co. Hutchinson•Manufacturing & Sales Frank Motor Company Inc. Wigen Chevrolet Co. Chicago & North Western Railway Co. Downtown Standard Expense 32.75 Fire Runs 84.00 Dues 30.00 Dues 40.00 Dues 20.00 Expense 197.76 Paid for towing charge 5.00 December Labor 510.50 Expense 1224.48 Boarding of Foreign Prisoners 35.00 Expense 3.10 Expense 45.50 Expense 106.50 Expense 62.92 Expense 7.05 Expense 16.95 Expense 6.00 Expense 4.18 Expense 1.40 Expense 2.50 Expense 5.25 Blood Tests 16.00 Meals for Prisoners 15.45 Expense 41.00 Expense 5.52 Expense 50.95 Expense 24.00 Expense 15.64 Trip to C. Comm. at Glencoe ?$� Expense 12179.95 Labor 198.00 Labor 132.00 Labor 2.67.05 Labor 234.00 Labor 303.8u Labor 294.00 Labor 90.00 Labor 62.00 Labor 19.68 Labor 86.00 Labor- 17.15 Labor 19.25 Labor 168.75 Labor 173.25 Labor 48.00 Service 23.16 Service 161.89 Service 1808.42 Expense 265.65 Expense 358.83 Expense 6.00 Expense 55.00 Expense 1.58 Expense 112.50 Expense 147.80 Expense 2.54 Expense 140.00 Expense 10.15 Expense 73.40 Expense 544.65 Expense 86.20 Expense 6.25 Expense 24.50 Rental of Bulk Plant 120.00 Expense 19.35 REGULAR COUNCIL MEETING -3- January 12, 1970 ROAD b BRIDGE FUND -continued Don's Skelly Skelly Oil Company Denler Truck Service GTC Auto Parts Plowman's Inc. Plowman's Inc. WATER & SEWER FUND Hutchinson Telephone Company Hutchinson Utilities Municipal Electric Plant Felska's Auto Machine Services Rannow Electric Zila Hardware Tropical Paint Co. Inf ilco Quade's Frank Motor Co., Inc. Farm & Home Distributing Co. Hutchinson Wholesale Supply Co. A. A. Jorgensen - S. A. Nies, Fire Exting Sales Simonson Lumber OFF-STREET PARKING Municipal Electric Plant Rockwell Manufacturing Co. SINKING FUND # 1 Hutchinson Telephone Company Miller d Miller Juul Contracting Co. M. J. Jacobs d. Sons SINKING FUND #5 Citizens Bank 8 Trust Co. SINKING FUND #6 Rieke -Carroll -Muller Assoc. Johnson Bros. SINKING FUND 07 First Nat'l Bank of St. Paul SINKING FUND #9 Rieke -Carroll -Muller Assoc. Hutchinson Telephone Company M.J. Jacobs & Sons LIQUOR STORE Gordon Hakes Harry L. Emans Municipal Electric Plant Hutchinson Utilities Hutchinson Telephone Company Regan Bakeries, Inc. Regan Bakeries, Inc. Kurth's Foods Zila Hardware Expense Expense Parts 8 Maintenance Expense Towing Snowbirds Parts d Maintenance 29.90 85.25 109.64 38.64 49.00 391.73 6785.05 Service 38.36 Service 287.80 Service 1880.15 Parts d Maintenance 46.38 Electrical Maintenance Filter Plant 54.92 Expense 28.33 Expense 31.50 Expense 20.76 Expense 19.20 Expense 7.00 Expense 1.37 Expense 1.63 Parts d Maintenance 78.00 Expense 180.00 Expense 6.46 2601.86 Service 1.00 Expense 236.25 237.25 Toll Calls 4.05 Retaining wall south of Dam 3758.00 Proj. 1969-1 Part IT, Estimate 4 15182.55 Proj. 1969-1 Part I, Estimate 6 17389.44 36334.04 Improvement Bonds of 1966 11335.63 Sewer Treatment Plant Balance Due 247.12 Pmt. 15 -Waste Treatment Plant 12407.46 12654.58 Obligation -Hospital Bonds Due 31626.37 SW Storm Sewer Balance Due 548.30 Toll call SW Storm Sewer 1.10 Est. #7 S.W. Storm Sewer Branch Lines 28,68 2921-678-U- Labor 212.80 Labor 45.00 Service 111.10 Service 74.06 Service 23.40 Expense 46.80 Expense 13.50 Expense 3.37 Expense 2.95• REGULAR COUNCIL MEETING -4- January 12, 1970 LIQUOR STORE -continued Sears Rxpense 3.57 Quade's Expense 2.30 Simonson Lumber Company Expense 4.43 Coast to Coast Expense 3.95 Earl Sprengler Freight Bill 240.32 Coca-Cola Bottling Co. Supplies 292.40 Locher Bros. Beer 1049.60 Premium Distributing Co. Beer 2164.10 Marsh Distributing Beer 2225.10 Lenneman Beverage Dist., Inc. Beer 1732.35 Famous Brands Inc. Liquor 129.69 Griggs, Cooper d Co. Liquor 4321.84 Famous Brands Inc. Liquor 24.30 Distillers Distb., Co. Liquor 1293.28 Distillers Distb., Co. Liquor d Wine 382.24 Johnson Bros., Co. Liquor d Wine 610.45 Ed Phillips d Sons Liquor d Winer 1919.30, Griggs, Cooper & Co., Inc. Liquor & Wine 3126.67 Johnson Bros. Co. Liquor d Wine 170.93 Ed Phillips & Sons Co. Liquor d Wine 1742.09 Mid -West Wine Co. Wine 81.40. 22053.29 Alderman Linder introduced and moved the first reading of Ordinance No. 358. Alderman Black seconded the motion and Ordinance No. 358 was thereupon read in full as follows: ORDINANCE NO. 358 ORDINANCE REGULATING OPERATION OF MOTOR VEHICLES AND TRAFFIC'' LAWS AND PROVIDING PENALTIES THEREFORE THE CITY OF HUTCHINSON DOES ORDAIN: SECTION I. The Minnesota Highway Traffic Regulation Act, Chapter 169, contained in Minnesota Motor Vehicle and Traffic Laws 1969-1970 issued by Minnesota Department of Highways, three copies of which are on file in the office of the City Clerk of the City of Hutchinson, is hereby adopted by reference and to become a part of this section and of this Ordinance. Revisions and amendments thereto adopted by the Legislature of the State of Minnesotaare hereby and by reference adopted by the City of Hutchinson. SECTION II. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. SECTION III. This Ordinance shall take effect and be in force from and after the publication hereof. Alderman Linder moved that the City Council of Hutchinson, Minnesota hereby adopt Ordinance No. 358 as read for the first time and set the second reading for January 26, 1970, Alderman Black seconded the motion and upon vote being taken all members present voted "aye" and Ord. No. 358 was declared adopted as read for the first time. Alderman Black introduced and moved the adoption of Resolution 2996. RESOLUTION NO. 2996 APPOINTMENT OF CITY OFFICERS FOR 1970 BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF HUTCHINSON, MINNESOTA: That the following reappointments to the indicated executive offices of the City of Hutchinson are made for the period of one year. Compensation to be continued as agreed upon by separate Council action: COUNCIL PROCEEDINGS -5- JANUARY 12, 1970 City Clerk Administrative Assistant/ City Clerk pro tem Chief of Police Fire Chief lst Assistant Fire Chief 2nd Assistant Fire Chief Health Officer Board of Health Board of Health City Engineer Agnes I. Monge (on leave of absence) Thomas E. Mealey Frank Broderius Frank Englehart Ray Fitzloff Eric Smith Dr. Dan W. Heubert Dr. George Smith Dr. B. P. Wrbitzky Marlow V. Priebe Alderman Linder seconded the motion and upon vote being taken all members present voted "aye" and Resolution No. 2996 was declared adopted by the City Council this 12th day of January, 1970. Alderman Alrick introduced Resolution No. 2997 and moved its adoption as follows: RESOLUTION NO. 2997 RESOLUTION DESIGNATING DEPOSITORIES BE IT RESOLVED BY THE CITY COUNCIL OF HUTCHINSON, MINNESOTA: That -the following named banks, which are authorized to do a banking business in Minnesota, be and they hereby are designated depositories of the Public Funds of the City of Hutchinson in the County of McLeod, State of Minnesota, by the City Council of said City, for the term commending January 12, 1970 for one.year: Citizens' Bank, Hutchinson, Minnesota The First National Bank of Hutchinson, Hutchinson, Minnesota upon terms and conditions following,to-wit: That this designation is subject to the right of said City of Hutchinson, Minnesota, to modify, vacate, or revoke the same according to lqw, and also subject to any depository agreement executed pursuant to Section 118.01, Minnesota Statutes of 1945, and that said depositories shall pay on,demand all deposits therein subject to payment on demand, and BE IT FURTHER RESOLVED: That the City Clerk of the City of Hutchinson is hereby authorized and directed to deposit in each of said banks in a special fund known as "City of Hutchinson" all monies that may come into her hands, and the City Clerk shall maintain an equal amount of monies in deposit at each of said banks at all times. BE IT FURTHER RESOLVED: That a copy of this Resolution be filed with the City Clerk and each of the banks so designated. Alderman Black seconded the motion and upon vote being taken, all members present voted "aye" and Resolution No. 2997 was declared adopted this 12th day of January, 1970. Alderman Linder moved that the Hutchinson Leader be designatdd as the official newspaper for the City of Hutchinson. Alderman Black seconded the motion and it was carried unanimously. Alderman Linder moved the adoption of Rbsolution No. 2998 appointing legal counsel as follows: COUNCIL PROCEEDINGS -6- JANUARY 12, 1970 BE IT RESOLVED BY THE CITY COUNCIL OF HUTCHINSON, MINNESOTA: That Milton D. Schantzen be appointed as City Attorney at a retainer fee to be determined for routine legal work of attending Council meetings, reviewing minutes, work on resolutions and ordinances, and attending public hearings, and other usual and ordinary legal services. Matters such as appearances in District Court, Condemnation proceedings, appearances before administrative agencies and other services not usually con- ducted in the normal course of City business, will be billed as extra legal services. Other services not usually conducted in the normal course of City business will be billed as extra legal services. Alrick it was Alderman/Bliic.k seconded the motion and/carried unanimously whereupon Resolution No. 2998 was declared adopted by the City Council this 12th day of January, 1970: Alderman Linder moved the adoption of the following resolution, No. 2999, as follows: BE IT RESOLVED BY THE CITY COUNCIL OF HUTCHINSON, MINNESOTA: That pursuant to statutory authority, the Municipal Engineer for and on behalf of the Municipality of Hutchinson, Minnesota, is hereby authorized to request and obtain from the Minnesota Department of Highways needed engineering and technical services during the year of 1970; for which payment will be made by the Municipality upon receipt of verified claims from the Commissioner of Highways. Alderman Black seconded the motion and it was carried unanimously, whereupon Resolution No. 2999 was declared adopted by the City Council this 12th day of January, 1970. Mayor Kost made the following apps' t1;;to Council Commissions: Department of Streets and Alleys Alderman Linder Department of Police andGeneral.Welfer' Mayor Kost -Department _ cff Accounts, Finances,_11ea 7 t_h - and Sanitation Alderman Black Department_of Public Building _and—ixe_Protection Alderman Alrick Department of Waterworks and Sewers Alderman Jensen Planning Commission and Safety Council: Alderman Linder Burns Manor Board Alderman Black Airport Commission Alderman Alrick Park and Recreation Board Alderman Jensen Hospital Board Mayor Kost Vice -President of Council Alderman Linder Alderman Black moved that the Mayor's appointments be accepted by the Council. Nlderman Linder seconded the motion and it was carried unanimously. Mayor Kost appointed Alderman Linder Vice -President of the Council to act as President in the Mayor's absence. Alderman Alrick moved that the Mayor's appointment be accepted, Alderman Black seconded the motion and it was carried unanimously. Adm. Asst. Mealey's recommendation for approval of purchase of a new grader for the Street Department was discussed. It was determined that the present grader is beyond repair, that acceptable equipment can be obatined on a trade- in at a cost of $2,400.00 and that this amount is within budget limitations. Alderman Black moved approval of the purchase as outlined, Alderman Linder seconded the motion and it was carried unanimously. Adm. Asst. Mealey requested the following transactions be approved: S.F. #1: Cash investments to pay approximately $37,000 current bills S.F. #8: Reinvest approximately $80,000 S.F. #9: Cash investments of $29,000 to meet current bills(approximately) S.F. #6: Cash investments of approximately $13,000 to meet current bills Alderman Black moved that the transactions be approved, Alderman Linder seconded the motion and it was carried unanimously. Mayor Kost asked Attorney Schantzen what arrangements had been made regarding the COUNCIL PROCEEDINGS -7- JANUARY 12, 1970 sale of bonds for the Hutchinson unit of the West Central Mental Health addition to the new Community Hospital. Attorney Schantzen presented the following resolution: RESOLUTION NO. 3001 BE IT RESOLVED BY THE CITY COUNCIL OF HUTCHINSON, MINNESOTA: That the Council will meet in the Council Chambers in the City Hall on Wednesday the 4th day of February, 1970, at 2:00 O'clock P.M., for the purpose of receiving and considering sealed bids for the purchase of $255,000 General Obligation Hospital Bonds of the city, all bearing date March 1, 1970. The bonds shall bear interest at the rate or rates designated by the successful bidder, payable March 1, 1971, and semi-annpally thereafter on March 1 and September 1 in each year, and which bonds shall mature serially on March 1 in the years and ammounts as follows: YEAR O'110yi YEAR AMOUNT 1973 $ 125,000 1977 $ 20,000 1974 15,000 1978 20,000 1975 15,000 1979 20,000 1976 20,000 1980 201)000 All bonds maturing after March 1, 1975 are subject to redemption on said date and any interest payment date thereafter, in inverse numerical order, at par and accrued interest and a premium of 1%. The bonds will be general obligations of the city in denomination of $5,000 each. Both,principal and interest will be payable at any suitable bank designated by the purchaser within forty-eight hours after the award of the sale. The city will furnish printed bonds and approving legal opinion of Messrs. Howard, LeFevere, Lefler, Hamilton and Pearson, Minneapolis, Minnesota, both without expense to the purchaser, a certified facsimilie of which opinion will be printed on said bonds if requested by the purchaser. The bonds will be delivered to the purchaser within forty days after the date of sale, accompanied by an unqualified approving legal opinion and customary final delivery papers, including a certificate showing absence of litigation. Delivery will be made without expense to purchaser. All bids must be in writing, enclosed in a sealed envelope, be unconditional except as to the above opinion, and be left with the undersigned prior to the above time, accompanied by a certified check, bank draft or cashier's check in the amount of at least $5,100, payable to the order of the city to be forfeited as liquidated damages in event the bid is accepted and the bidder fails to comply therewith. Split rate bids may be submitted stating the same rate or rates of interest from the dtteoof issue to maturity for all bonds having a common maturity date, all such interest to be in ascending order and without supplemental coupons. All rates are to be in integral multiples of one-quarter or one-tenth of one percent and the average interest cost may not exceed 7%. Bidders are asked to state total interest cost and average rate. The bid offering the lowest net interest cost and average rate. The bid offering the lowest net interest cost (total interest from date of issue to stated maturities less any premium offered) will be deemed the most favorable. No bid for less than $250,000 plus accrued interest from date of issue to date of bond delivery will be considered. Oral auction bids will not be received. The right to waive any informality and the right to reject any and all bids are reserved. The Clerk is authorized and directed to cause notice of sale of said bonds to be given by publication ranee at least ten days in advance of sale in the official newspaper and in Commercial West, a financi..l paper published in Minneapolis, Minnesota. Alderman'Black moved the Council adopt Resolution No. 3001, Alderman Alrick seconded the motion and it was carried unanimously COUNCIL PROCEEDINGS -8- JANUARY 12, 1970 The resolution on rent supplement submitted by Mr. Jim Paulson, representing Mini -Mods, Inc. at the Council meeting of December 22 was discussed. After modifications had b6eni suggested, AldermanBlack moved its adoption as follows: RESOLUTION NO. 3007 RESOLUTION APPROVING PARTICIPATION BY LOCAL HOUSING OWNERS IN THE FEDERAL RENT SUPPLEMENT PROGRAM WHEREAS, under the provisions of Section 101 of the Housing and Urban Development Act of 1965, the Secretary of Housing and Urban Development is authorized to enter into contracts to make rent supplement payments to certain qualified housing owners on behalf of qualified low-income families who are elderly, handi- capped, displaced, victims of natural disaster, or occupants of substandard housing; and WHEREAS, the provisions of said Section 101 cannot be made available to housing owners in certain localities unless the governing body of the locality has by resolution given approval for such participation in the Federal Rent Supplement Program. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF HUTCHINSON, MINNESOTA: Approval is hereby granted for participation in the Federal Rent Supplement Program by qualified housing owners of property located in the City of Hutchinson, McLeod County, Minnesota. Alderman Linder_ seconded the motion and it was carried unanimously whereupon Resolution No. 3007 was declared adopted by the City Council this 12th day of January, 1970. Adm. Asst. Mealey presented a proposed change of accounting methods for the bulk motor fuel to eliminate issuance of multiple checks for the same purpose each month. It was proposed that for the balance of this fiscal year all gasoline pubehases be charged to Road and Bridge fund, no more charges to be made to other operating accounts and to amend the budget for the next fiscal year accordingly, and establish a motor fuel account. After some discussion, Alderman Black moved that the proposal be approved for the balance of this fiscal year, to be reviewed before any additional changes are made for the next fiscal year. Alderman Alrick seconded the motion and it was carried unanimously. Mayor Kost read the petition for pre -zoning and annexation presented by Minae - Mods, Inc. Alderman Linder moved the Council accept the petitOn and directed the Clerk to forward to the Municipal Commission and the Planning Commission for recommendation on the pre -zoning. Alderman Black seconded the motion and it was carried unanimously. applications Snow removal permit/ from George Fredrickson, Leslie R. Johnson, Lyle Schmidt, Walter Hettver, Donald C. Sturger, Jr., and Virgil Goetz were reviewed. Alderman Linder moved they,be approved, Alderman Alrick seconded the motion and it was carried unanimously. MAyor Kost reported on the hearing called by the County Commissioners on the subject of State Planning Agency Regions. He stated that Senator Renneke would like to have the feeling of the Hutchinson City Council as to which area we would most prefer to align with.. He further stated that a number of other counties are not satisfied with the present arrangements and are looking for a new plan. After considerable discussion, Alderman Black moved the following resolution be adopted: RESOLUTION NO. 3003 A RESOLUTION TO ESTABLISH THE POSITION OF THE CITY OF HUTCHINSON, MINNESOTA WITH RESPECT TO STATE PLANNING AGENCY REGIONS COUNCIL PROCEEDINGS -9- JANUARY 12, 1970 WHEREAS, pursuant to action by Governor LeVander and the Minnesota legislature, regional development districts have been established to encourage coordination between diverse elements of government and to provide orderly and harmonious planning for development of the State of Minnesota in its several parts, and WHEREAS, McLeod County has been assigned a transitional county classifica- tion to permit the County latitude and :choice in determining where lies its best community interest, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF HUTCHINSON, MINNESOTA: Thkt the City of Hutchinson prefers assignment to region six, "WEST CENTRAL REGION," of the choices that are available at this time. BE IT FURTHER RESOLVED: That ..the City Council does recommend that serious consideration be given to creation of a Planning Region consisting of McLeod, Meeker, Renville, Wright, Kandiyohi and Sibley counties, as it is our belief that similarity of interests and similarities of constituency in these counties would make them more compatible than the presently available options. Alderman Linder seconded the motion and -it was carried unanimously, whereupon Resolution No. 3003 was declared adopted by the City Council this 12th day of January, 1970. Discussion was held on the construction of a new $treet Department Equipment Garage. Adm. Asst. Mealey presented proposed/%KTReations and recommended advertising for proposals rather than bids. Several modifications were suggested. Alderman Black moved that upon review by the Building Official and with inclusion of the suggested modifications, the Clerk be directed to advertise for submission of proposals for the construction of a new equipment garage. Proposals, sealed, to be publicly opened,and all proposed prices read aloud in the Council Chambers at 2:00 P.M., February 26, 1970. Proposals will not be considered unless securely sealed and filed with the City Clerk, endorsed on the outside wrapper with a brief summary as to the work being proposed. Alderman Linder seconded the ,motion and it was carried unanimously. Mayor Kost introduced the Chairman of the 3-M Snowmobile Club who told the Council that his club had been meeting with other clubs who are interested in working with the Council to get meaningful rules and ordinances established for the operation and use of snowmobiles. Considerable discussion ensued and the newly adopted St. Cloud ordinance was read and considered for possible application to Hutchinson. Speed limits, traffic regulations, routes, hours of operation and age limits were among the considerations. Mayor Kost directed Attorney Schantzen to prepare a proposed ordinance for consideration bj7 the Council. Asm. Asst. Mealey presented a report on a proposed change of contractor for the trash and refuse removal for the City inasmuch as the current contractor wants to sell his business. He further stated that it is only a question of time when the current landfill will have to be changed from its present location. He suggested use of a lisenced site near Biscay. Mr. James Junker's proposals were presented including the suggestion that City bill all residential properties, including multiple dwellings with multiples billed as a single dwelling with Contractor collecting for the additional number of units: if backyard pickup is continued the volume restriction of three cans will continue, whereas if curlb pickup is elected, volume will be unlimited. Mr. Mealey recommended a meeting within the week to discuss the matter in detail with Mr. Junker. Discussion was held and the Council directed Mr. Mealey to establish such a meeting. Adm. Asst. Mealey reported to the Council that the Conservation Department and Corps of Engineers have requested a change of date for discussions conceAng the Crow River channel and asked whether February 3, 1970 at 10:00 A.M. would be acceptable. It was agreed that the meeting would be established at that time in the Council Chamber. COUNCIL PROCEEDINGS -10- JANUARY 12, 1970 Attorney Schantzen requested approval of payment of fee of $9.25 to McLeod County Sheriff.�_for service of papers on Lowell Otto, and $10.00 to the Clerk of District Court, McLeod County for filing fee of papers on Lowell Otto. Alderman Linder moved approval of the payments, Alderman Black seconded the motion and it was approved unanimously. Adm. Asst. Mealey requested authorization for payment of $24.38 from S. F. 5 to McLeod County Treasurer to clear the books of assessment payment by Mr. and Mrs. R. J. Jones made in error to Clerk's office after it had been certified to taxes. Alderman Black moved the payment be allowed, Alderman Linder seconded the motion, and it was carried unanimously. Adm. Asst. Mealey reported that the Park Board, at their regular meeting of Monday January 5, 1970, had voted to increase --the charge for interments at Oakland Cemetary from $60.00 to $75.00, effective January 15, 1970 and asked concurrence of the Council. Further, the Board established a policy of payment in advance for interments. Mr. Mealey recommended concurrence of both actions. Alderman Black moved that the Council concur with the actions of the Park Board, Alderman Linder seconded the motion and it was carried unanimously. Adm. Asst. Mealey presented request for approval of payment of $25.00, advance registration fee for Engineer Priebe to attend the conference of City Engineers and Public Works Officials sponsored by the League of Municipalitiesto be held at the Nolte Center, January 29 and 30, 1970. Alderman Alrick moved approval of Engineer Priebe's attendance at the conference and payment of the registration fee. Alderman Black seconded the motion and it was carried unanimously. Mayor Kost read a memorandum from Mr. Ivan Hurt, Project Director, Hutchinson Senior Citizen's Center which reads in part as follows: "Board membership includes one member of the Recreation Board and six of the community leaders, three of whom are,active in the Senior Citizen's Center and three other leaders of the community who may represent the Clergy, United Fund, Tia civic group, and or the (HRA) low income housing for the aged - Membership on the board shall terminate after two years beginning in 1970.11 Recommendations of the Recreation Board to the City Council are: Rev. Ralph Kuether, Chairman, Mrs. Emma Lake, Vice -Chairman; Mrs. Harry Hanson, Secretary; Mr. Albert Linde; Mrs. Kathryn Brummond, Past President; Mr. Don Flynn, HRA. Alderman Black moved the appointments be approved as submitted, motion seconded by Alderman Linder and carried unanimously. Alderman Black noted Engineer Priebe's recommendation not to extend East Highland Park Drive to Highway 7 and moved that this request not be granted. Alderman Linder seconded the motion and it was carried unanimously. Attorney Schantzen informed the Council of a hearing to be held in Municipal Court on Wednesday, Januaryll4, 1970 of two employees of the Municipal Liquor Store, Frank Rahn and Gordon Hakes for selling liquor to a minor, and explained the details. Alderman Black, after discussion of the situation, moved immediate suspension of the two employees involved and established a hearing before the Council at 10:00 A.M. on Thursday, January 15, 1970, the arresting officer, Liquor Store Manager and Attorney Schantzen to be present. Alderman Alrick seconded the motion and it was carried unanimously. Adm. Asst. Mealey was directed to notify all persons involved. There being no further business, Mayor Kost called for a motion to adjourn. Alderman Linder so moved, seconded by Alderman Black -and the meeting was declared adjourned at 10:28 P.M. SPECIAL COUNCIL PROCEEDINGS JANUARY 15, 1970 The Meeting was called to order by Mayor Kost at 9:30 A.M.. Members present: Mayor Kost, Aldermen Black, Jensen and Linder Members absent: Alderman Alrick Also present: Attorney Schantzen, Chief of Police Broderius, Adm. Asset. Mealey, Police Officer Ronald Kirchoff, Liquor Store Manager Fisher, Liquor Store Clerk Frank Rahn and Liquor Store Clerk Gordbn Hakes Mayor Kost outlined the purpose of the meeting which was to consider disciplinary action against Mr. Rahn and Mr. Hakes for selling intoxicating beverage to a minor on the evening of Saturday, January 10, 1970. Attorney Schantzen detailed the sequence of events leading up to the charge filed against these employees and said that the named employees had pleaded guilty to the charge in Municipal Court on Wednesday, January 14, 1970. The Court had fined each of them $150.00 and suspended the sentence for one year. The Court had also indicated a desire that the employees of the liquor store, responsible City officials and the Court meet shortly to discuss the gravity of violations of law in the operation of the liquor store and detailing prodedures necessary to insure against repetition. Officer Kirchoff explained the events leading to the arrest and charges against the employees. The manager of the liquor store explained the circumstances under which sales had been made to the minor involved and his previous presentation of credentials proving majority age. The Police Chief, Officer Kirchoff and Attorney Schantzen offered evidence of previous carelessness on the part of store employees relative to checking credentials. The employees were then directed to wait in the foyer while the Council discussed the matter. Alderman Black moved that in view of the seriousness of the matter both employees be suspended without pay for a period of seven days, commencing -Tuesday, January 13th and ending at th4 c],ose of business Monday, January 19, 1970. Alderman Linder seconded the motion and the Administrative Assistant was directed to inform the employees of the Council action and clearly inform them that convic- tion at any future period of this or a similar offense would result in discharge. Alderman Linder moved adjournment, Alderman Black seconded the motion and the meeting was declared adjourned at 16:32 A.M. SPECIAL COUNCIL PROCEEDINGS JANUARY 16, 1970 Members present: Mayor Kost, Aldermen Jensen, Linder, Alrick and Black Also present: Administrative Assistant Mealey Members absent: None at 10:15 A.M. Mayor Kost called the meeting to order/and explained the need for special meeting to resubmit application for grant aid from the Department of Health, Education and Welfare to construct and operate a Community Mental Health Center addition to the new hospital. Alderman Alrick introduced Resolution No. 3004 as follows, and moved its adoption: RESOLUTION NO. 3004 RESOLUTION AUTHORIZING FILING OF APPLICATION WITH THE U. S. PUBLIC HEALTH SERVICE, DEPARTMENT OF HEALTH, EDUCATION AND WELFARE FOR A GRANT TO CONSTRUCT A COMMUNITY MENTAL HEALTH CENTER ADDITION WHEREAS,'the U. S. Public Health Service, Department of Health, Education, and Welfare is authorized to make Grants to authorized applicants to aid in the construction of specific public projects; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. That Thomas E. Mealey, City Clerk, be and he is hereby authorized to execute and file an application and sign other documents on behalf of the City of Hutchinson with the U. S. Public Health Service, Department of Health, Education,;and Welfare, United States Government for a grant to aid in the construction of a Community Mental Health Center Addition in the City of Hutchinson, Minnesota. 2. That Thomas E. Mealey, City Clerk, be and he is hereby authorized and directed to furnish such information as the United States Public Health Service, Department of Health, Education and Welfare may reasonably request in connection with the application which is herein authorized to be filed and sign all necessary documents. Alderman Linder seconded the motion and upon vote being taken all members voted T'aye" and Resolution No. 3004 was declared adopted by the City Council this 16th day of January, 1970. Alderman Black introduced Resolution No. 3005as follows, and moved its adoption: RESOLUTION NO. 3005 ADDENDUM TO PART I. HUTCHINSON UNIT, WEST CENTRAL MENTAL HEALTH CENTER PROJECT CONSTRUCTION APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF HUTCHINSON, MINNESOTA: That the City of Hutchinson does hereby give assurance that we have been fully apprised of our rights in connection with our submittal of Part I of the application, and in order that we will not jeopardize the expectation of other areas high in priority to participate in Federal grant funds available to Minnesota, we agree to request not more than 105% of the amount of Federal funds as stated in Item 8-A of Part I of the application or 50% of the total eligible participating costs, whichever is the lesser amount. Alderman Alrick seconded the motion and upon vote being taken all members voted "aye" and Resolution No. 3005 was dec3Ared adopted by the City Council this 16th day of January, 1970. Alderman Black moved that the Council action of December 3, 1969, calling"for bids for the construction of the Hutchinson Unit - West Central Mental Health Center Addition,1-4rid establishing Tuesday, January 27, 1970 at 2:00 P.M. as date and time for opening of bids, be reconsidered. Alderman Linder seconded the motion. and upon vote being taken all members voted 11aye'8 and the motion was carried. SPECIAL COUNCIL.tPROCEEDINGS -2- JANUARY 16, 1970 Alderman Black then moved that approval of the plans and specifications be continued, but that the date for opening bids be changed to Tuesday, February 10, 1970 at 2:00 P.M. Alderman Linder seconded the motion and upon vote being taken the motion carried unanimously. The City Clerk was then instructed to make the necessary publications as required by law. Alderman Jensen then introduced Resolution No. 3006 and moved its adoption as follows: BE IT RESOLVED BY THE CITY COUNCIL OF HUTCHINSON, MINNESOTA: That,both parties agreeing, the City of Hutchinson and the architectural firm of Horty, Elvig and Associates agree to continue the provisions of their contract, under which the new Hospital was designed and built, for the arch`_- tectural work on the project MINN-CMHE-5, Mental Health Center adition to the hospital. Alderman Linder seconded the motion and upon vote being taken all members voted "aye" and Resolution No. 3006 was declared adopted by the City Council this 16th day of January, 1979. There being no further business at this time, motion was made and seconded to adjourn and the meeting was declared adjourned at 11:15 A.M. CITY OF HUTCHINSON �-Miwt6SOta 55350 OFFICES AT 37 WASHINGTON AVENUE WEST January 23, 1970 TO: The Honorable Mayor andCouncil FROM: Administrative Assistant SUBJECT: Specifications and Request for Bids for Police Car f Madam and Gentlemen: Chief Broderius has asked that the Council consider these specifications for police patrol car and call bids to be opened on Monday, February 9, 1970. This car is budgeted in the 1970 fiscal year. Resp fully submitted, Thomas E. Meale TEM:br Attachment SPECIFICATIONS POLICE PATROL CAR CITY OF BUTCHIN&N, MI.NNISOTA Bid Close: 7:30 P.M., Monday, February 9, 1970 PLANS AND SPECIFICATIONS FOR POLICE PATROL CAR 1. Body 19"0 Model 4 -door Sedan Color Black - first choice ?. Engine - V8 ,?45 cu. in., or over, displacement to develop 250 H.P. or over Engine !,o have 2 bbl. Carb. to hurn regular gasoline. 4. Seats Seat assembly shall be heavy duty police type with heavy seat, back springs and frame, sponge rubt-•er cushions padded, installed for maximum head room. 5. Floor Mats Heavy duty front & rear, to be rubber. 6. Whee.ibase Wheelbase of 119" or over. Electrical. Heavy duty battery and 60 AMY' alternator. ReF;uiater t t.,:, he of sufficient size t,_! operate with 60 AMY' al.ternal-or. To be a Leece Neville product. 8. Heater Air 'low hot water 9. Transmission (s speed) Automatic and positive traction differer:*.. al. res X3.1`, x 15 4 Ply, .1st 1 -.ie t,;.res 15" wheels, t:.1, be heavy dui.y, over s`.andard. ;pare wheel ir:cluding `,ire mo.nted. 11. Springs Heavy duty, over standard `'rent & rear. Spo~, light One spot ligt,t -installed by dealer, 4" sealed beam t , be nstalled on left side. Sample spot light and proposed locat,iori to be approved by the Police Dept. before installation. 13• Speedometer Speedometer must be accurate within 2% at all speeds up to and including 100 miles per hour. 14. Special equipment 2 speed elec*.ric windshield wipers Jil Filter E -Z eye windshield glass Rear window defroster 15. Radia+,<>r Cooling Shall. be heavy duty over standard, install fan shroud, System if necessary for adequate cooling. 1.6. Roof Light install a single lead of SAE wire size No. 12 lighting cable beginning with a two foot coil taped under root. exactly above dome light and extending concealed to center of fire wall with a three foot coil of extra wire there. Im PLANS AND SPECIFICATIONS POLICE CAR (continued) 17. Accessory Equipment, Suppressor type spark plug ignition cable and entire ,o car shall be shielded hnd bonded similar to standard production procedure when cars are equipped with car radio. Heavy duty, over -standard shock absorbers, front and rear. Rear view mirror, day and night type. Outside mirror to have remote control inside vehicle. Arm rest, front left and right side. Siren, police light and gun mounts. These items to be installed by dealer. Power -steering ltd. Service Standard manufacturer's warranty service. 19. Delivery The car is to be delivered in'first class operating condition with acceptance subject to Police Dept. inspection and approval. Complete payment will not be authorized until accepted. Price FOB Hutchinson, Mini,es.�I,a. Delivery date to be agreed up,. n. NOTICE Bids shall be made on the basis of accepting as a trade-in, the City of Hutchinson's present police patrol car, a 1968 4 -door Dodge Polara, License W-2.54. The unit to be traded in is available for inspection at the Police Department, City of Hutchinson, Minnesota. 0 ABOVE Bl D SUIS; E'-!': f i'(- ce ''.ar, 1970 Mode] Les:iwederal Tax Mit,riesota Sales Tax Less a,:I,-:warice for 1968 4-dnc,r 1,,odge Po Lara, L.i,-(-ns(-- idc,. 2MF-254 -"DTAL NET "R -.r -'E e ity will flirnLsh a Slate of Minnes:,'.a Sales Tax Exempf.',:n Certif.,.:.a`e. id :S t..: the CD,,mc1-''6 approvaL at:(i `.e :.r any or all olds. enclose a (certified check) (casL.*.er's C:Ie..'k) in an arr,,)tinl. of (not less than ten percent (10%) o" the :Id made jayablp ",) the City of Hutchinson. .1 dder Signature Date L CITY OF HU TC HI NS O N �_Milllleg Q 55350 OFFICES AT 37 WASHINGTON AVENUE WEST January 22, 1970 TO: Mayor and Council FROM: Administrative Assistant SUBJECT: Attached report from City Engineer - Grader for Street Department Madam and Gentlemen: The attached report from the City Engineer indicates that out initial determination to purchase the Austin -Western Grader was too late. I would tend to agree that a lease -purchase arrangement for the described Caterpillar machine would give us the best protection since we can find defects through use over a period of time, or, conversely, prove the condition to be as described by Ziegler's. The terms seem to be within our budget amounts. I would recommend that the Council authorize this purchase on the terms stated. \ TEM:JMM Resp c,tfully submitted, �j; Thomas E. Mealey T CITY OF HU TC HI NS O N ,_,V(K Ota 55350 OFFICES AT 37 WASHINGTON AVENUE WEST January 16, 1970 TO: Administrative Assistant FROM: City Engineer SUBJECT: Purchase of Grader Subsequent to the Council Meeting of January 12, I contacted Zidgler,Inc. relative to purchasing the Austin Western Grader. Through an oversight in thdre organization I had not been informed that it was sold. I have been in and talked with them in regard to another machine, Mr. Otto and myself inspected on January 5. The machine is as follows: Make: Catipillar Year: 1954 Model: 12 Equipment: Cab, heater, lights, recap tires Condition: Appears to be in good condition. Has been in the shop for repairs and new paint job. Original as is price: $69500.00 Repair, painting and recap tires: $2,357.00 $8,857.00 Equipment needs: Scarifier $ 400.00 Snow wing 19200.00 Total price delivered at Hutchinson 109457.00 Allowance for present machine 1,457.00 Lease - Purchase Price $ 90000.00 I recommend leasing at $300.00 per month for 14 months. A yearly payment of $3,600.00 could be made April 15, 1970 and $900.00 on April 15, 1971. On May 15, 1971 purchase of machine can be made for an approximate total price of $4,866.00 which would include 5 % interest. The 1970-71 budget allowed $3,500.00 for a used motor grader. It is felt that $1,000.00 would be sacrificed from the money allowed for office furniture to meet the need of $3,600.00 An answer on this before January 269 would be helpful in making certain the machine is not sold to another party. Marlow V. Priebe A CITY OF HUTCHINSON ,-Mu NeSOta 55350 OFFICES AT 37 WASHINGTON AVENUE WEST January 20, 1970 Hon. Mayor City Council Mr. Tom Mealy, City Administrator Mr. Marlow Priebe, City Engineer Mr. Frank Broderius, Chief of Police City Hall Hutchinson, Minnesota RE: Snowmobile Ordinance Enclosed is a proposed snowmobile ordinance which represents a combination of the St. Cloud Ordinance and various suggestions discussed at the last council meeting. I understand that the matter will be discussed and finalized at the forthcoming council meeting. Very truly yours, Milton D. Schantzen City Attorney MDS:sb Enc. P. S. We have been advised that the Drake Construction VS. City of Hutchinson case has now been set for Monday, January 26. In discussions with the Judge and the Clerk of Court, I do feel confident that this matter will proceed at that time. MDS i ORDINANCE NO. AN ORDINANCE RELATING TO SNOWMOBILES, REGULATING THE OPERATION AND USE THEREOF, PROVIDING PENALTIES FOR THE VIOLATION THEREOF, AND REPEALING ORDINANCE NO. PREAMBLE WHEREAS, the operation and use of snowmobiles in an uncontrolled manner endangers the public peace, health and safety of the inhabitants of the City; and WHEREAS, the establishment of the following rules and regula- tions will greatly decrease the danger to public peace, health and safety while such snowmobiles are operated and used in the City; and WHEREAS, greater protections of the public peace, health and safety of the inhabitants of the City will be afforded by making said rules and regulations effective immediately. NOW, THEREFORE, this Ordinance is hereby declared an emergency ordinance, necessary for the immediate protection of the peace, health and safety of the inhabitants of the City, and shall be enacted to take effect as such. THE CITY OF HUTCHINSON DOES ORDAIN: That this Council has investigated the necessary facts to ascertain, and does hereby find, determine and declare that each of the statements made in the preamble hereto are true and correct, and that said preamble is hereby made a part of this section by the unanimous vote of Council members present voting separately from the vote upon the adoption of the ordinance, and recorded by ayes and nayes. THE CITY OF HUTCHINSON DOES ORDAIN: Section 1. DEFINITIONS. Subdivision 1. For the purposes of thisOrdinance the terms defined herein shall have the meaning ascribed to them. Subd. 2. "Person" includes an individual, partnership, corporation, the state and its agencies and subdivisions, and any body of persons, whether incorporated or not. Subd. 3. "Snowmobile" means a self-propelled vehicle designed for travel on snow or ice or natural terrain steered by wheels, skis or runners. Subd. 4. "Owner" means a person, other than a lien holder having the property in or title to snowmobile entitled to the use or possession thereof. Subd. 5. "Operate" means to ride in or on and control the operation of a snowmobile. Subd. 6. "Operator" means every person who operates or is in actual physical control of a snowmobile. Subd. 7 "Roadway" means that portion of a highway improved, designed, or ordinarily used for vehicular travel. Section 2. Except as herein specifically permitted and authorized, it is unlawful for any person to operate a snowmobile within the limits of the City of Hutchinson. 1. On the portion of any right of way of any public highway, street, road, trail or alley used for motor vehicle travel, except the most right hand lane (except in passing) which is used for vehicle traffic in the same direction, other than on freeways, interstate, trunk, county state -aid, or county highways. Travel and operation of said snowmobiles hereunder shall, in any case, be limited to a route of travel from one specific point of departure, along the most direct route, to another pre -determined specific point of destination. 2. On a public sidewalk provided for pedestrian travel. 3. On boulevards within any public right of way. 4. On private property of another without specific permission of the owner or person in control of said property. 5. On any other public place except Crow River. 6. Two or more snowmobiles traveling in the same direction shall be operated one behind the other with an interval of at least fifteen (15) feet between and, in no case, shall snowmobiles ever by operated side by side. 7. No snowmobile shall be allowed or shall be operated upon the streets herein designated or within an area bounded by Hassan Street on the east, Fourth Avenue on the South, Franklin Street on the west and Second Avenue North on the north. Section 3. A snowmobile may make a direct crossing of a street or highway, except an interstate highway or freeway, provided: 1. The crossing is made at any angle of approximately 90 degrees to the direction of the street or highway and at a place where no obstruction prevents a quick and safe crossing. 2. The snowmobile is brought to a complete stop before crossing the shoulder or main traveled way. 3. The driver yields the right of way to all oncoming traffic which constitutes an immediate hazard. 4. In crossing a divided street or highway, the crossing is made only at an intersection of such street or highway with another public street or highway. 5. If the crossing is made between the hours of one-half hour after sunset to one-half hour before sunrise or in conditions of reduced visibility, only if both front and rear lights are on. -2- Section 4. No snowmobile shall enter any intersection without yielding the right of way to any vehicles or pedestrians at the intersection, or so close to the intersection as to constitute an immediate hazard. Section 5. Persons under 21. Subdivision I. No person under 14 years of age shall operate on streets or the roadway surface of highways, or make a direct crossing of a trunk, county state -aid, county highway, or city street as the operator of a snowmobile. A person 14 years of age or older, but less than 18 years of age, may operate a snowmobile on streets and highways as permitted under this ordinance and make a direct crossing of such streets and highways only if he has in his immediate possession a valid snowmobile safety certificate issued by the commissioner, as provided by M.S.A. Section 84.872. Subd. 2. It is unlawful for the owner of a snowmobile to permit the snowmobile to be operated contrary to the provision of this section. Section 6. It is unlawful for any person to operate a snowmobile within the limits of the City of Hutchinson: I. At any place, while under the influence of alcohol or drugs as defined in M.S.A. 169.121, which is hereby incorporated herein by reference; 2. At a rate of speed greater than reasonable or proper under all surrounding circumstances; and when operated on public roadways, in no case greater than 20 miles per hour; 3. At any place in a careless, reckless, or negligent manner or heedlessly in disregard of the rights or safety of others, or in a manner so as to endanger or be likely to endanger or cause injury or damage to any person or property; 4. So as to tow any person or thing in a public street or highway except through use of a rigid tow bar attached to the rear of the snowmobile; 5. Within 100 feet of any fisherman, pedestrian, skating rink or sliding area where the operation would conflict with use or endanger other persons or property. 6. On any public school or park land. Section 7. It is unlawful for any person to operate a snowmobile any place within the limits of the City of Hutchinson unless it is equipped with the following: 1. Standard mufflers which are properly attached and which reduce the noise of operation of the motor to the minimum necessary for operation. No person shall use a muffler coutout, by-pass, straight pipe or similar device on a snowmobile motor. 2. Brakes adequate to control the movement of and to stop and hold the snowmobile under any condition of operation. -3- 3. A safety or so-called "deadman" throttle in operating condition. A safety or "deadman" throttle is defined as a device which, when pressure is removed from the engine accelerator or throttle, causes the motor to be disengaged from the driving track. Section 8. Every person leaving a snomobile on a public place shall lock the ignition, remove the key and take the same with him. Section -9. Notwithstanding any prohibitions in this ordinance, a snowmobile may be operated on a public thorough fare in an emergency during the period of time when, and at locations where, snow upon the roadway renders travel by automobile impractical. Section 10. It is unlawful to intentionally drive, chase, run over or kill any animal with a snowmobile. Section 11. Should any section, sub -section, sentence, clause or phrase of this ordinance, for any reason, be held invalid, such decision shall not off -set the validity of the remaining portions of this ordinance. The City of Hutchinson hereby declares that it would have passed this ordinance and each section, sub -section, clause, sentence and phrase hereof, irrespective of the possibility that any one or more sections, sub -sections, clauses, sentences or phrases be declared unconstitutional or invalid. Section 12. Every person convicted of a violation of any of the provisions of this ordinance shall be punished by a fine or not more than three hundred dollars ($300) or by imprisionment for a period of not more than ninety (90) days, or both, but in either case the costs of prosecution may be added. Section 13. Effect. This ordinance shall take effect and be in force from and after. January 6, 1970. -4- HUTCHINSON COMMUNITY HOSPITAL 241 Glen Street South HUTCHINSON, MINNESOTA r '-! 6/ z