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AFFIDAVIT OF PUBLICATION
<br />STATE OF MINNESOTA ) ss
<br />COUNTY OF SHERBURNE
<br />Darlene MacPherson being duly sworn on an
<br />oath, states or affirms that he/she is the
<br />Publisher's Designated Agent of the newspa-
<br />per(s) known as:
<br />Star News
<br />with the known office of issue being located
<br />in the county of:
<br />SHERBURNE
<br />with additional circulation in the counties of:
<br />WRIGHT
<br />and has full knowledge of the facts stated
<br />below:
<br />(A) The newspaper has complied with all of
<br />the requirements constituting qualifica-
<br />tion as a qualified newspaper as provided
<br />by Minn. Stat. §331A.02.
<br />(B) This Public Notice was printed and pub-
<br />lished in said newspaper(s) once each
<br />week, for 1 successive week(s); the first
<br />insertion being on 02/09/2019 and the last
<br />insertion being on 02/09/2019.
<br />MORTGAGE FORECLOSURE NOTICES
<br />Pursuant to Minnesota Stat. §580.033
<br />relating to the publication of mortgage
<br />foreclosure notices: The newspaper complies
<br />with the conditions described in §580.033,
<br />subd. 1, clause (1) or (2). If the newspaper's
<br />known office of issue is located in a county
<br />adjoining the county where the mortgaged
<br />premises or some part of the mortgaged
<br />premises described in the notice are located,
<br />a substantial portion of the newspaper's
<br />circulation is in the latter county.
<br />By: �0 C f. z lt
<br />Designated Agent
<br />Subscribed and sworn to or affirmed before
<br />me on 02/09/2019 by Darlene MacPherson.
<br />Notary
<br />jyq MARLENE M. MITCHELL;
<br />( }I Notary Public Minnesota
<br />a
<br />My Commission Expires Jan 31, ?020 ;.
<br />Rate Information:
<br />(1) Lowest classified rate paid by commercial users
<br />for comparable space:
<br />$23.00 per column inch
<br />Ad ID 904805
<br />CITY OF ELK RIVER
<br />ORDINANCE 19 - 04
<br />AN ORDINANCE AMENDING
<br />CHAPTER 38, ARTICLE VIII,
<br />PEDDLERS, SOLICITORS,
<br />TRANSIENT MERCHANTS,
<br />AND MOBILE FOOD UNITS
<br />OF THE CITY OF ELK RIVER,
<br />MINNESOTA, CITY CODE
<br />The City Council of the City of
<br />Elk River does hereby ordain as
<br />follows:
<br />SECTION 1. That § 38-383,
<br />Exemptions of the City of Elk Riv-
<br />er Code of Ordinances shall be
<br />amended to read as follows:
<br />All persons engaged in the busi-
<br />ness activities described in this
<br />section shall comply with the pro-
<br />visions of section 38-414(c). The
<br />following business activities shall
<br />be exempt from the requirements
<br />of this article. The city clerk shall
<br />determine if a business activity falls
<br />within these exemptions, subject to
<br />appeal to the city council.
<br />(1) Doing business by appoint-
<br />ment. A bona fide appointment is
<br />one that is not merely obtained by
<br />going door-to-door in conjunction
<br />with the taking of orders, offering
<br />for sale or selling.
<br />(2) Solicitation of orders for fu-
<br />ture door-to-door delivery of news-
<br />papers.
<br />(3) Nonprofit groups that mg -
<br />later with the city clerk. No fee is
<br />required to so register. This exemp-
<br />tion does not include individuals
<br />who am paid to engage in peddling,
<br />soliciting, or transient merchant
<br />business.
<br />(4) Selling goods to retail or
<br />wholesale stores or to professional
<br />or industrial establishments for re-
<br />tail re -sale only.
<br />(5) Selling or peddling the prod-
<br />ucts of the farm or garden grown
<br />and cultivated by such person, but
<br />such activities must comply with
<br />applicable health regulations.
<br />(6) ?All vendors involved in
<br />the following community events:
<br />Fourth of July Celebration, Com-
<br />munity Festival, Sherburne County
<br />Fair, Business Expo, and any other
<br />community event the city council
<br />deems exempt.
<br />(7) Garage sales, rummage
<br />sales, and craft sales.
<br />(8) Establishing a regular cus-
<br />tomer delivery route for the delivery
<br />of perishable food and dairy prod-
<br />ucts such as baked goods, milk,
<br />and groceries.
<br />(9) Selling goods or admissions
<br />to events by K-12 students where
<br />the proceeds of such sales benefit
<br />a program or activity in which the
<br />student is involved.
<br />(10) Mobile food units listed as
<br />part of a special event permit is-
<br />sued by the city. The terms of the
<br />special event permit shall apply.
<br />City -sanctioned events are exempt.
<br />(11) Mobile food units contract-
<br />ed by residential property owners
<br />for private parties where food is not
<br />sold to guests or any other mem-
<br />bers of the public. This exclusion
<br />does not include institutional uses
<br />in the residential zoning district
<br />where mobile food units are con-
<br />tracted to provide food for a public
<br />event.
<br />(12) Mobile food units as part
<br />of a school sanctioned events on
<br />school property.
<br />(13) Mobile food units located
<br />on Sherburne County Fairgrounds
<br />property.
<br />SECTION 2. That § 38-414,
<br />Restrictions of the City of Elk Riv-
<br />er Code of Ordinances shall be
<br />amended to read as follows:
<br />(d) For mobile food units.
<br />(1) State license. Mobile food
<br />units shall hold a valid license from
<br />the State of Minnesota Department
<br />of Health or Department of Agricul-
<br />ture. Any conditions of the State
<br />Health Department shall be incor-
<br />porated into the license issued un-
<br />der this section, in addition to any
<br />other conditions by the City of Elk
<br />River.
<br />(2) Insurance. A certificate of
<br />insurance that has been issued to
<br />the applicant by an insurance com-
<br />pany authorized to do business in
<br />the State of Minnesota verifying the
<br />applicant is insured against claims
<br />arising out of all operations of such
<br />applicant under this chapter for the
<br />sum of at least one million dollars
<br />($1,000,000.00) against liability
<br />for bodily injuries and for at least
<br />one million dollars ($1,000,000.00)
<br />against liability for damage or de-
<br />struction of property. f. ?The city
<br />shall be endorsed as an additional
<br />insured on the certificate of insur-
<br />ance on public property including
<br />right-of-way.
<br />Certificate of insurance must
<br />contain a provision requiring at
<br />least thirty (30) days' advanced
<br />written notice to the city, or ten (10)
<br />days' written notice for non-pay-
<br />ment of premium notification be
<br />sent to the city should the policy be
<br />cancelled before its stated expire -
<br />tion date.
<br />(3) Hold harmless. A mobile food
<br />unit operating on city property, in-
<br />cluding public right-of-way, must
<br />submit a signed statement that the
<br />licensee shall hold harmless the city
<br />and its officers and employees, and
<br />shall defend and indemnify the city
<br />and its officers and employees for
<br />any claims for damage to property
<br />or injury to persons which may be
<br />occasioned by any activity carried
<br />on under the terms of the license.
<br />(4) Duration of sales. A license
<br />shall be valid for one year but the
<br />mobile food unit can't operate in,
<br />or in from of, the same location for
<br />mon: than 21 days each year within
<br />the City of Elk River.
<br />(5) Overnight storage. No over-
<br />night storage of a mobile food unit
<br />shall be permitted unless approved
<br />by council.
<br />(6) Signs. No signage shall vi-
<br />olate the provisions of this Code
<br />relating to size and number of busi-
<br />ness signs.
<br />(7) Noise. No shouting, blow-
<br />ing a horn, ringing a bell, or use
<br />of any sound devices upon any of
<br />the streets, alleys, parks, or other
<br />public places of the city or upon
<br />any private premises in the city.
<br />Ice cream trucks traveling through
<br />a residential district may have out-
<br />door music or noise -making devic-
<br />es to announce their presence.
<br />(8) Parking. Mobile food units
<br />must be located on a paved sur-
<br />face. A mobile food unit may not
<br />operate in a traffic lane, on a side-
<br />walk, or in any location which caus-
<br />es an obstruction of traffic, such as
<br />queuing of patrons or advancement
<br />of vehicles. A mobile food unit may
<br />operate on eligible public streets
<br />and occupy no more than two park-
<br />ing spaces. No parking or sales
<br />shall take place within 60 feet of an
<br />intersection of two or more streets
<br />or within 30 feet of a driveway that
<br />enters a public street.
<br />(9) Hours. Hours of operation
<br />shall be allowed from 8:00 a.m. to
<br />midnight, except in a residential
<br />district in which sales shall be al-
<br />lowed from 8:00 a.m. to 10:00 p.m.
<br />(10) Waste disposal. Mobile food
<br />units shall provide waste disposal
<br />and clean up all litter and garbage
<br />generated by the mobile food unit
<br />before moving from the location.
<br />(11) Self-centainment. Mobile
<br />food units can't connect to public
<br />utilities. Any generators must be
<br />self-contained.
<br />(12) Inspections. Mobile food
<br />units shall comply with all appli-
<br />cable fire codes and may be in-
<br />spected by a city fire official prior
<br />to operation.
<br />(13) Locations. Mobile food units
<br />shall be allowed in public right-of-
<br />way only in zoning districts where
<br />retail sales are allowed as permit-
<br />ted or special uses under the city's
<br />zoning code. Except that mobile
<br />food units may be located on pri-
<br />vately owned property in the com-
<br />mercial, industrial, and downtown
<br />zoning areas of the city with wdt-
<br />ten property owner permission and
<br />residential lots as exempted per
<br />section 383 (11).
<br />In the downtown district only
<br />one mobile food unit shall be per-
<br />mitted on public property located
<br />at the designated, signed parking
<br />area along King Avenue. Reser-
<br />vations are not permitted on King
<br />Avenue when the city hosts con-
<br />cert nights in River's Edge Park
<br />unless authorized by city council.
<br />City council may further authorize
<br />mobile food units in the downtown
<br />district for city -sanctioned activi-
<br />ties. Applications for the downtown
<br />district will only be accepted up to
<br />three months in advance and are
<br />on a first come first serve basis
<br />with fee payment and a completed
<br />application.
<br />(14) City parks. Mobile food
<br />units are not allowed in city parks
<br />unless they get written permission
<br />of the parks and recreation director.
<br />Except that parks with concession
<br />stands also require the written con-
<br />sent of the concession operator for
<br />their specific event.
<br />(15) Seating. Mobile food units
<br />may not provide external seating
<br />unless located in an industrial zon-
<br />ing district.
<br />(16) Ice cream trucks. Ice cream
<br />trucks are allowed to operate within
<br />the public right-of-way in residen-
<br />tial districts.
<br />(17) Prohibitions. Mobile food
<br />units are prohibited from vend-
<br />ing activities within 500 feet of an
<br />event for which the city has issued
<br />a special event permit, unless they
<br />are specifically authorized by the
<br />event organizer to participate in the
<br />event.
<br />SECTION 4. That this ordinance
<br />shall take effect upon adoption and
<br />be published as provided by law.
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