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Public Notices for the week of 10/7/13, continued

October 6, 2013
Faribault County Register

Elmore does ordain as follows:

SECTION I.

That the following new Section 460 of the Elmore City Code is hereby adopted stating the following:

SECTION 460. GOLF CARTS

Subsection 460.01 Purpose. The purpose of this section is to authorize the operation of motorized golf carts on designated roadways in the City of Elmore, pursuant to the authority given to the City by Minnesota statutes section 169.045.

Subsection 460.02 Definitions. The following terms as used in this Section shall have the meanings stated:

Subd. 1 "Motorized Golf Cart" means a vehicle commonly known as a golf cart, having at least four wheels, and either an electric or a gas motor.

Subd. 2 "Designated Roadways" means City streets and avenues not specifically excluded from use. The first two (2) blocks of East Willis Street located in the downtown commercial district of the City are specifically hereby excluded as roadway designated for use by motorized golf carts.

Subsection 460.03 Required Permit.

Subd. 1. No person may operate a motorized golf cart pursuant to this section without a valid permit from the City.

Subd. 2. Permit applications shall be available at City Offices and shall be in a form approved by resolution of the City Council.

Subd. 3. Only persons at least eighteen (18) years of age will be issued a permit. Only persons having a valid driver's license may operate a golf cart. Permit holders may add additional drivers who have a valid driver's license under his or her permit. It is unlawful for the owner of any golf cart to permit the golf cart to be operated contrary to the provisions of this section.

Subd. 4. At the time of application, the applicant shall:

(A) Provide proof of insurance complying with the requirements of Minnesota Statutes Section 65B.48, Subdivision 5, as the same may be amended from time to time.

(B) Provide all other information as may be required by resolution of the City Council.

Subd. 5. All permits granted pursuant to this section shall be issued for a period not to exceed one year and may be renewed annually by complying with the requirements of this section.

Subd. 6. The City council shall set fees for such permits by resolution.

Subsection 460.04. Conditions.

Subd. 1. No person shall operate a motorized golf cart under this ordinance:

A. Except on designated routes and from sunrise to sunset.

B. In inclement weather or when visibility is impaired by weather, smoke, fog, or other conditions, or at any time when there is insufficient light to clearly see persons in vehicles on the roadway at a distance of five hundred feet (500').

C. Without displaying the slow-moving vehicle emblem provided for in Minnesota Statutes Section 169.522.

D. Unless the vehicle is equipped with a rear view mirror as provided in Minnesota Statutes Section 169.70.

E. With a passenger or passengers unless each such passenger is seated on a seat specifically designed for the transport of passengers.

F. Without having a copy of the permit in possession while using the golf cart.

G. After Sunset

H. Without proper liability insurance coverage for said golf cart.

Subd. 2. The operator of a motorized golf cart under permit on designated routes shall have all the rights and duties applicable to the driver of any other vehicle under the provisions of Minnesota Statutes 169 or other applicable statute or ordinance, except when those provisions cannot reasonably be applied to motorized golf carts and except as otherwise specifically provided in Minnesota statute section 169.045, Subdivision 7.

Subsection 460.05. Revocation or Denial of Permit.

A permit may be revoked by the Police Department at any time or denied if it is shown that the permittee cannot safely or legally operate, or has not safely or legally operated, the motorized golf cart within the City or if the permittee's driver's license is no longer recognized as valid in the State of Minnesota. A permitee may appeal any such revocation or denial to the City Council by filing notice of appeal at the City office not later than 14 days after the date of notice of the action to be appealed from.

Subsection 460.06. Limitation of Liability.

Nothing in this chapter shall be construed as an assumption of liability by the City for any injuries to persons or property which may result from the operation of a motorized golf cart by a permit holder, the grant of such permit, or the failure by the City to revoke said permit.

Subsection 460.07. Violation and Penalties.

Any person violating any provision of this ordinance shall be guilty of a petty misdemeanor and is subject to having his or her permit under this section revoked.

SECTION II.

This Ordinance shall become effective Thirty (30) days after its passage and publication.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF ELMORE ON THIS 9th DAY OF SEPTEMBER 2013.

BY ORDER OF THE

ELMORE CITY COUNCIL:

Dianne Nowak, City Clerk

October 7, 2013

____________________________

ORDINANCE NO. 2013-2

CITY OF ELMORE

AN ORDINANCE RELATING TO AND REGULATING THE USE AND OPERATION OF ALL-TERRAIN VEHICLES (ATVs), MINI-TRUCKS, AND UTILITY TERRAIN VEHICLES (UTVs) IN THE CITY OF ELMORE, AND PRESCRIBING PENALTIES FOR VIOLATIONS THEREOF.

The City Council of the City of Elmore does ordain:

SECTION I.

That a new Section 470 of the Elmore City Code is hereby adopted, stating the following:

SECTION 470 ATVS, MINI TRUCKS AND UTVS.

Subsection 470.01. Applicability. This Section applies to the operation of all-terrain vehicles (ATVs), mini-trucks, and utility terrain vehicles (UTVs) on public lands, private property, public rights-of-way within the boundaries of the City of Elmore.

Subsection 470.02. Definitions.

Subd. 1. All-Terrain Vehicles (ATVs)-Class 1 ATVs are motorized flotation-tired vehicles with at least three but no more than six low pressure tires that have an engine displacement of less than 960 cubic centimeters and total dry weight of less than 1000 pounds. Hereinafter referred to as ATVs.

Class 2 ATVs are motorized flotation-tired vehicles with at least three but no more than six low pressure tires that have an engine displacement of less than 960 cubic centimeters and total dry weight of 1000 to 1800 pounds. Hereinafter referred to as ATVs.

Subd. 2. Mini-Trucks-Motorized recreational vehicles capable of cross-country travel on natural terrain, such as four-wheel drive trucks, sometimes referred to as off-road vehicles (ORVs). Such vehicles have four wheels, are propelled by an electric motor or an internal combustion engine with an enclosed cabin and a seat for the vehicle operator; commonly resembles a pickup truck or van, including having a cargo area or bed located at the rear of the vehicle; and was not originally manufactured to meet federal motor vehicle safety standards required of motor vehicles in the Code of Federal Regulations, title 49, sections 571.101 to 571.404 and successor requirements.

Mini-truck does not include:

A) A neighborhood electric vehicle or a medium speed electric vehicle; or

B) A motor vehicle that meets or exceeds the regulations of the Code of Federal Regulations, title 49, section 571.500, and successor requirements.

Subd. 3. Utility Terrain Vehicles (UTVs)-Also referred to as side-by-sides, a purpose built 4x4 load-carrying working vehicle for off-road work in natural terrain environments. Hereafter referred to as UTVs. Examples of UTVs include Polaris Rangers and RZR's, Arctic Cat Prowlers, CanAm Commanders, and other similar vehicles.

Subd. 4. Designated Roadways-All City streets, alleys, within City right-of-way, on County roads as approved by Faribault County, shall be designated All-Terrain Vehicle (ATV) routes for use by ATVs, mini-trucks, and UTVs except for the first two (2) blocks of East Willis Street in the Downtown Commercial District of the City of Elmore. No United States or State of Minnesota road shall be a designated roadway for ATVs, mini-trucks or UTVs.

Subsection 470.03 Adoption of State Law By Reference. The provisions of Minnesota State Statutes Sections 84.82 through 84.929 are hereby adopted and made a part of this Ordinance as if set out in full. Said Sections define terms used in this Ordinance, require registration and licensing, restrict operation upon state and county highways, regulate necessary equipment and provide penalties for violations thereof.

Subsection 470.04. Authorization To Use ATVs, Mini-Trucks and UTVs. The operation of ATVs, mini-trucks and UTVs on designated roadways within the City by persons having a valid permit issued by the City is hereby authorized. Class 2 ATV's are exempt from the City's permit requirement.

Subsection 470.05. License and Safety Certificate Requirement. No person shall operate an ATV, mini-truck or UTV who is under sixteen (16) years of age, and persons born after July 1, 1987, must have successfully completed the ATV Safety Training Course available through the Minnesota Department of Natural Resources, before operating an ATV within the City of Elmore. Mini-truck operators must also possess a valid driver's license.

Subsection 470.06. State Registration. All ATVs, mini-trucks and UTVs operated in the City of Elmore must be registered with the Minnesota Department of Natural Resources (DNR). Each ATV, mini-truck and UTV registered with DNR is issued a registration number and a registration card and decal. The DNR issued registration number and validation decal must be placed on the ATV, mini-truck and UTV.

Subsection 470.07. State Mini-Truck Highway Use Registration Exception. If a mini-truck is licensed for roadway use, a license plate must be displayed on the mini-truck, along with the mini-truck decal in the upper left corner of the rear motor vehicle license plate.

Subsection 470.08. Government Operations of ATV, Mini-Truck and UTVs Exception. All ATVs, mini-trucks and UTVs shall be used by state or city employees to conduct state or city business.

Subsection 470.09. Insurance. Owners and operators of ATVs, mini-trucks and UTVs shall carry liability insurance coverage pursuant to Minnesota Statutes 65B.48, Subdivision 5, and carry evidence of such coverage on the permitted vehicle.

Subsection 470.10. Conditions. Operation of ATVs, mini-trucks and UTVs on designated roadways in the City is subject to the following conditions:

Subd. 1. ATVs and UTVs may be operated on designated routes from sunrise to sunset. They shall not be operated in inclement weather or when visibility is impaired by weather, smoke, fog, or other conditions, or at any time when there is insufficient light to clearly see persons in vehicles on the roadway a distance of five hundred feet (500').

Subd. 2. Every person operating an ATV, mini-truck and UTV under permit on designated routes has all the rights and duties applicable to the driver of any other vehicle under the provisions of Chapter 169 of Minnesota Statutes, except when these provisions cannot be reasonably applied to ATVs and except as otherwise specifically provided in Minnesota Statutes Section 169.045, Subdivision 7.

Subd. 3. Every person operating an ATV, mini-truck and UTV must be at least sixteen (16) years of age and hold a valid current Minnesota drivers license or have successfully completed the ATV Safety Training Course through the Minnesota Department of Natural Resources.

Subd. 4. Anyone born after July 1, 1987, and who is 16 years or older, must successfully complete the ATV safety training course before operating an ATV within the City.

Subd. 5. All ATV operators and passengers under the age of eighteen (18) must wear a helmet.

Subd. 6. Class 2 ATV, mini-truck and UTV operators and passengers under the age of eighteen (18) must wear a seatbelt if provided by the machine manufacturer.

Subsection 470.11. Equipment Required. No person shall operate an ATV or UTV on designated roadways for such vehicles, unless equipped with:

Subd. 1. Brakes - Brakes adequate to control the movement of and to stop and to hold such vehicle under any conditions of operation.

Subd. 2. Mufflers - Standard mufflers which are properly attached and which reduce the noise of operation of the vehicle to the minimum noise necessary for operating the vehicle, and no person shall use a muffler cut-out, bypass or similar device on said vehicles.

Subd. 3. Safety Throttle - A safety or "dead man" throttle which is defined as a device which, when pressure is removed from the accelerator or throttle, causes the motor to be disengaged from the driving track.

Subd. 4. Lights - Must have working head and tail lights.

Subd. 5. Rearview Mirror.

Subsection 470.13. Mini-Truck Equipment Required. Notwithstanding any other law, a mini truck may be operated on designated roadways under permit if it is equipped with:

(a) at least two headlamps;

(b) at least two tail lamps;

(c) front and rear turn-signal lamps;

(d) an exterior mirror mounted on the driver's side of the vehicle and either:

(i) an exterior mirror mounted on the passenger's side of the vehicle; or

(ii) an interior mirror.

(e) a windshield;

(f) a seat belt for the driver and front passenger; and

(g) a parking brake.

Subsection 470.13. Unattended Vehicles on Public Property Prohibited. It is unlawful for the owner or operator to leave or allow an ATV, mini-truck or UTV to be or remain unattended on public property, streets or highways, while the motor is running or with the keys to start same in the ignition switch.

Subsection 470.14. Other Requirements for Operation. In addition to the provision of said State Statutes, no person shall drive or operate an ATV, mini-truck or UTV in the City of Elmore:

Subd. 1. At a speed in excess of 25 miles per hour upon designated routes in the City.

Subd. 2. Upon the private property of another without the express written consent of such other person.

Subd. 3. Upon the first two blocks of E. Willis Street (Main Street)

Subd. 4. In a manner so as to create a loud, unnecessary, or unusual noise which disturbs, annoys, or interferes with the peace and quiet of other persons.

Subd. 5. Abreast with one or more ATVs, mini-trucks or UTVs while upon any street, alley, or thoroughfare or other place in the City.

Subd. 6. So as to pass or attempt to pass another moving ATV, mini-truck or UTV upon designated routes in the City.

Subd. 7. In a careless, reckless or negligent manner to endanger the person or property of another or cause injury or damage thereon.

Subd. 8. With an alcohol level of 0.08 percent or greater, or under the influence of a controlled substance.

Subd. 9. With more passengers than there are seats on the ATV, mini-truck or UTV to carry them. All passengers shall sit on the seats provided, with no infants or young children riding on laps.

Subd. 10. Without a rearview mirror as required under Minnesota Statutes Section 169.70.

Subd. 11. On a public sidewalk or trail unless otherwise authorized.

Subd. 12. While towing a sled, toboggan, wagon, trailer, or other object unless such sled, toboggan, wagon, trailer or other object is attached to the ATV, mini-truck or UTV by a solid hitch.

Subd. 13. Without valid liability insurance coverage for said vehicle.

Subsection 470.15. Penalty. Any person who violates any provision of this Section is guilty of a misdemeanor.

SECTION III.

This Ordinance becomes effective from and after its passage and publication.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF ELMORE ON THIS 9th DAY OF SEPTEMBER 2013.

BY ORDER OF THE

ELMORE CITY COUNCIL:

Dianne Nowak, City Clerk

October 7, 2013

____________________________

OFFICE OF THE MINNESOTA SECRETARY OF STATE ~

ASSUMED NAME/CERTIFICATE OF ASSUMED NAME

Minnesota Statutes,

Chapter 333

The filing of an assumed name does not provide a user with exclusive rights to that name. The filing is required for consumer protection in order to enable consumers to be able to identify the true owner of a business.

1. List the exact assumed name under which the business is or will be conducted: Kwik Trip #646

2. Principal Place of Business: 209 South Grove Street,

Blue Earth, MN 56013

3. List the name and complete street address of all persons conducting business under the above Assumed Name, OR if an entity, provide the legal corporate, LLC, or Limited Partnership name and registered office address: Kwik Trip, Inc.,

1626 Oak St., P.O. Box 2107,

La Crosse, WI 54602-2107 -

Registered Office:

Mark W. Schneider,

1300 IDS Center 80 S. 8th.,

Minneapolis, MN 55402-2136

4. I, the undersigned, certify that I am signing this document as the person whose signature is required, or as agent of the person(s) whose signature would be required who has authorized me to sign this document on his/her behalf, or in both capacities. I further certify that I have completed all required fields, and that the information in this document is true and correct and in compliance with the applicable chapter of Minnesota Statues. I understand that by signing this document I am subject to the penalties of perjury as set forth in Section 609.48 as if I had signed this document under oath.

Date: 8-19-2013

/s/Donald P. Zietlow,

President

D. Hafner 608-793-6262

October 7, 14, 2013

____________________________

PUBLIC NOTICE

Notice is hereby given that the Faribault County Housing and Redevelopment Authority will be conducting a public hearing regarding the annual update to our Annual Plan and 5 Year Plan which we are mandated to do by HUD under our Housing Choice Voucher Program. The plan will not be changed or modified from the original 5 Year Plan outline. The plan outlines the goals, objectives and activities of the HRA over the next 5-year period of time.

The plan will be available for review and for comments from October 2 though November 21, 2013. This information will be available for review at the MVAC offices located in Blue Earth at 301 No. Main St., Blue Earth, or our Mankato Office at 706 North Victory Road, Mankato, MN. Any comments must be received no later than 11:00 a.m. on Thursday, November 21, and can be addressed to Mary Phillips, Section 8 Housing Coordinator at either office address. Any questions can be directed to Mary Phillips, Housing Department, MVAC at 507-345-0450. The Public Hearing regarding the plan will take place on Friday, November 22, 2013 at 10:00 a.m. in the Conference Room at our MVAC Blue Earth, Building located at 301 North Main Street, Blue Earth, Minnesota.

October 7, 2013

____________________________

FARIBAULT COUNTY

BOARD OF

COMMISSIONERS

SPECIAL MEETING

SYNOPSIS

SEPTEMBER 10, 2013

1. Commissioners Groskreutz, Loveall, Roper, Warmka, and Young were present. Also present was Auditor/Treasurer/Coordinator J. Thompson.

2. Adopted Resolution 13-CB-27 setting the 2014 proposed budget at $21,718,009 for revenues; $21,718,009 for expenditures; and the levy at $9,848,534. Commissioners Groskreutz, Loveall, Roper, Warmka, and Young voted yes.

Discussion was held concerning the following:

1. B. Rabbe met regarding solid waste business.

2. S. Asmus met regarding recorder business.

3. M. Stindtman, B. Douglas, and J. Mutschler met regarding planning and zoning business.

Complete minutes are on file in the Central Services Office.

The special meeting was adjourned.

Greg Young, Chair

John Thompson, Auditor/

Treasurer/Coordinator

October 7, 2013

____________________________

FARIBAULT COUNTY

BOARD OF

COMMISSIONERS

SPECIAL MEETING

SYNOPSIS

SEPTEMBER 17, 2013

1. All members were present. The pledge of allegiance was recited.

2. Approved synopsis and official proceedings of September 3, 2013 as amended.

3. Approved agenda of September 17, 2013.

4. Approved Resolution 13-PZ08-26 granting a conditional use permit for an above ground manure storage structure to Ryan O'Hara in Pilot Grove Township, Section 5. Commissioners Groskreutz, Loveall, Roper, Warmka, and Young voted yes.

5. Amended viewers report on JD7.

6. Approved hiring the following part-time dispatchers/jailers in the Sheriff Department: Jason Schroeder of Albert Lea, Kaleena Wiens of Lewisville, and Shaun Olson of Wells.

7. Approved requests from G. Paschke to attend a 3-day MAAO class in Plymouth and a 1-day ethics class in New Ulm; M. Purvis, J. Christenson, and P. Campbell to attend a 5-day Basic Tactical Officer course at Camp Ripley; A. Huston to attend a 2-day interviewing and interrogation class in St. Paul and a 1-day Mn Fraud Investigators Assoc. fall training in St. Paul; and K. McGowen and T. Sunken to attend a 3-day Field Training Officer course for correctional officers in Jordan.

8. Approved the following SSTS loans: $9,787.90 to Thomas R. & Victoria K.M. Cory on Parcel No. 04.017.0401 in Clark Township, $18,209.84 to Jeremy Garver on Parcel No. 06.027.0301 in Dunbar Township, $14,216.24 to Total Freedom Curtis Schuster on Parcel No. 12.034.0803 in Lura Township, $10,096.48 to Bonaventure & Mary Schuster on Parcel No. 01.002.1000 in Barber Township, and $10,743.82 to Kristin Zuehlke & Shannon Modene on Parcel No. 13.013.0401 in Minnesota Lake Township.

9. Proclaimed October 23 31, 2013 as Red Ribbon Week to demonstrate commitment to a drug free life style.

10. Approved order for changes as presented and authorizes the chair and auditor to sign the orders.

11. Approved payment bills totaling $307,088.32.

Discussion was held concerning the following:

1. M. Stindtman met regarding soil and water business.

2. L. Warmka met regarding economic development authority business.

3. A conference call with the Martin County Board of Commissioners was held regarding several drainage issues.

4. D. Fellows met regarding central services business.

5. J. McDonald met regarding public works business.

6. Scott Morgan of MNDOT met regarding State Highway 109 reconstruction.

Complete minutes are on file in the Central Services Office.

The meeting was adjourned for September.

Greg Young, Chair

John Thompson, Auditor/

Treasurer/Coordinator

October 7, 2013

____________________________

 
 

 

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