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AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA )Ss COUNTY OF SHERBURNE I do solemly swear that the notice, as per the proof, was published in the edition of the Star News with the known office of issue being located in the county of: SHERBURNE with additional circulation in the counties of: WRIGHT and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provided by Minn. Stat. §331A.02. (B) This Public Notice was printed and pub- lished in said newspaper(s) once each week, for 1 successive week(s); the first insertion being on 07/20/2024 and the last insertion being on 07/20/2024. MORTGAGE FORECLOSURE NOTICES Pursuant to Minnesota Stat. §580.033 relating to the publication of mortgage foreclosure notices: The newspaper complies with the conditions described in §580.033, subd. 1, clause (1) or (2). If the newspaper's known office of issue is located in a county adjoining the county where the mortgaged premises or some part of the mortgaged premises described in the notice are located, a substantial portion of the newspaper's circulation is in the latter county. t By: Designated Agent Subscribed and sworn to or affirmed before me on 07/20/2024 Notary Public �.fo 4;eesr�rA b8r18f18•]IllArle MSCPI19rS0 ?° Not public �i Minnesota My Commission Expires 1131@029 Rate Information: (1) Lowest classified rate paid by commercial users for comparable space: $999.99 per column inch Ad ID 1409793 CITY OF ELK RIVER ORDINANCE 24-16 AN ORDINANCE AMENDING CHAPTER, 38, SECTION 414 OF THE CITY OF ELK RIVER, MINNESOTA, CITY CODE The City Council of the City of Elk River, Minnesota does hereby ordain as follows: SECTION 1. That City of Elk River City Code Section 38-414. Restrictions. Shall be amended as follows: (d) For mobile food units. (1) State license. Mobile food units shall hold a valid license from the State of Minnesota Department of Health or Department ofAgricul- ture. Any conditions of the State Health Department shall be incor- porated into the license issued un- der this section, in addition to any other conditions by the City of Elk River. (2) Insurance. A certificate of insurance that has been issued to the applicant by an insurance com- pany authorized to do business in the State of Minnesota verifying the applicant is insured against claims arising out of all operations of such applicant under this chapter for the sum of at least $1,000,000.00 against liability for bodily injuries and for at least $1,000,000.00 against liability for damage or de- struction of property. The city shall be endorsed as an additional in- sured on the certificate of insurance on public property including right- of-way. Certificate of insurance must contain a provision requiring at least 30 days' advanced writ- ten notice to the city, or ten days' written notice for non-payment of premium notification be sent to the city should the policy be cancelled before its stated expiration date. (3) Hold harmless. A mobile food unit operating on city property, in- cluding public right-of-way, must submit a signed statement that the licensee shall hold harmless the city and its officers and employees, and shall defend and indemnify the city and its officers and employees for any claims for damage to property or injury to persons which may be occasioned by any activity carried on under the terms of the license. (4) Duration of sales. A license shall be valid for one year but the mobile food unit can't operate in, or in front of, the same location for more than 21 days each year within the City of Elk River. (5) Overnight storage. No over- night storage of a mobile food unit shall be permitted unless approved by council. (6) Signs. No signage shall vi- olate the provisions of this Code relating to size and number of busi- ness signs. (7) Noise. No shouting, blow- ing a horn, ringing a bell, or use of any sound devices upon any of the streets, alleys, parks, or other public places of the city or upon any private premises in the city. Ice cream trucks traveling through a residential district may have out- door music or noise -making devic- es to announce their presence. (8) Parking. Mobile food units must be located on an approved surface. Approved surfaces in- clude: asphalt, concrete, and class 5 or crushed concrete compact- ed to a dust free surface. A mo- bile food unit may not operate in a traffic lane, on a sidewalk, or in any location which causes an ob- struction of traffic, such as queu- ing of patrons or advancement of vehicles. A mobile food unit may operate on eligible parking stalls in public streets and occupy no more than three parking spaces. In the downtown district no more than two parking stalls can be occupied. No parking or sales shall take place within 60 feet of an intersection of two or more streets or within 30 feet of a driveway that enters a public street. (9) Hours. Hours of operation shall be allowed from 8:00 a.m.to midnight, except in a residential district in which sales shall be al- lowed from 8:00 a.m. to 7:00 p.m. (10) Waste disposal. Mobile food units shall provide waste disposal and clean up all litter and garbage generated by the mobile food unit before moving from the location. (11) Self -containment. Mobile food units can't connect to public utilities. Any generators must be self-contained. (12) Inspections. Mobile food units shall comply with all appli- cable fire codes and may be in- spected by a city fire official prior to operation. (13) Locations. Mobile food units shall be allowed in public right-of- way, not in a traffic lane, only in zoning districts where retail sales are allowed as permitted or special uses under the city's zoning code. Except that mobile food units may be located on privately owned property in the commercial, indus- trial, and downtown zoning areas of the city with written property owner permission and residential lots as exempted per section 383 (11). In the downtown district two mobile food units shall be per- mitted on public property located along King Avenue. Mobile food units are not permitted on Main Street or King Avenue in the down- town district unless the streets are closed for a city event. (14) City parks. Mobile food units are not allowed in city parks unless they get written permission of the city administrator or their designee. Except that parks with concession stands also require the written con- sent of the concession operator for their specific event. (15) [Seating.] Mobile food units may not provide external seating unless located in an industrial zon- ing district. (16) [Ice cream trucks.] Ice cream trucks are allowed to oper- ate within the public right-of-way in residential districts. (17) [Prohibitions.] Mobile food units are prohibited from vend- ing activities within 500 feet of an event for which the city has issued a special event permit, unless they are specifically authorized by the event organizer to participate in the event. SECTION 2. That this ordinance shall take effect upon adoption and be published as provided by law. Passed and adopted by the City Council of the City of Elk River this 1Itday of July 2024. John J. Dietz, Mayor ATTEST: Tina Allard, City Clerk Published in the Star News July 20, 2024 1409793