CITY OF ALBANY

ORDINANCE NO. 68

REGULATING THE PLACEMENT AND USE OF PORTABLE STORAGE UNITS

The City Council for the City of Albany, HEREBY ORDAINS as follows:

1) That Ordinance Section 68 Regulating the Placement and Use of Portable Storage Units is hereby adopted and shall read as follows:

Section 68.01:  PURPOSE AND INTENT.  The following regulations have been adopted for the protection of public and private property, and the promotion of health, safety, order, convenience, and the general welfare as these may relate to the placement of portable storage units on public and private property.

Section 68.02:    DEFINITIONS.  The following definitions shall apply under this ordinance.

“Applicant” shall mean the person that owns, rents, occupies, or controls the property on which the Portable Storage Unit is placed.

“Supplier” shall mean the company or vendor that supplies the Portable Storage Unit to the property, if applicable.  

“Portable Storage Unit” shall mean a storage unit or container designed, constructed, or reconstructed to be capable of movement via towing, hauling, or attachment to a vehicle from one site to another and designed to be used without a permanent foundation for the storage or shipment of household goods, wares, building materials or merchandise.  Portable storage units shall include semi-trailers and similar units which are being used primarily for storage rather than transport.

Section 68.03:  EXCEPTIONS.  The following Portable Storage Units are exempt from the permit requirements of this ordinance:  

a) Portable Storage Units that are actively being unloaded and will be located on the Applicant’s property for 7 days or less are exempt from the requirements of these regulations.

b) Portable Storage Units for sale or rent or awaiting service that are located on premises owned or leased by a person or business legally engaged in the sale, rental, or service of Portable Storage Units.

c) Semi-trailers that are licensed and road-ready.

d) Properly licensed fish houses, properly licensed and road-ready recreational vehicles and trailers, and accessory structures that are in compliance with City Code.

e) Portable Storage Units which are contained within a building.

f) Two or fewer Portable Storage Units located on private property in the M2 Industrial District that otherwise meet the requirements of this Ordinance shall not require a permit.

Section 68.04:  REQUIREMENTS FOR PERMITTING OF PORTABLE STORAGE UNITS.

Subd. 1. No person shall deliver, place, or move a Portable Storage Unit on to any property within the City of Albany without first securing a permit from the Zoning Administrator. Permits shall only be issued for use during construction projects occurring on the property.  

Subd. 2. An application for a Portable Storage Unit permit shall contain the following:

a) the name, address, and telephone number of the Supplier,

b) the name of the Applicant to whom the Portable Storage Unit is supplied,

c) whether the Applicant owns, rents, occupies, or controls the property,

d) the address that the Portable Storage Unit will be placed,

e) the expected delivery date and the expected removal date,

f) active building permit number, if applicable, and

g) a sketch depicting the location and the placement of the Portable Storage Unit.

Subd. 3. The fee for a Portable Storage Unit permit shall be determined by the Council from time to time and set forth in Appendix A.  The fee for the Portable Storage Unit permit must be paid before the permit may be issued.

Subd. 4. The effective date of the permit shall be the date of the Zoning Administrator’s written approval.  

Section 68.05:  REQUIREMENTS FOR PLACEMENT OF PORTABLE STORAGE UNITS.  The following requirements shall apply to the Portable Storage Units within the City;

Subd. 1. A Portable Storage Unit permit shall be valid for a period not exceeding 90 days from the effective date.  The initial Portable Storage Unit permit may be issued by the Zoning Administrator.

Subd. 2. An application to extend the initial Portable Storage Unit permit must be approved by the Zoning Administrator.  The Zoning Administrator may permit an extension of up to an additional 90 days if additional time is necessary for completion of construction on the property where the Portable Storage Unit is located.

Subd. 3. In no case shall an Applicant be permitted to have a Portable Storage Unit on the same property for more than 180 days in any 365 day period. Except in the M2 Industrial District, no more than one Portable Storage Unit shall be allowed on the same property at one time.  In the M2 Industrial District, no more than two Portable Storage Units are allowed on the same property at one time.  Portable Storage Units shall not be stacked.

Subd. 4. The Applicant and the Supplier, shall be jointly and severally responsible for ensuring that the Portable Storage Unit is maintained in good condition, free from evidence of deterioration, weathering, discoloration, graffiti, rust, ripping, tearing, or other holes or breaks, at all times.

Subd. 5. No Portable Storage Unit shall be used to store solid waste, construction debris, demolition debris, recyclable materials, or business inventory or commercial goods being sold either on the property or being stored for the purposes of sale on a property other than that of where the Portable Storage Unit is located.

Subd. 6. No Portable Storage Unit shall be used to store any illegal or hazardous material.

Subd. 7. No Portable Storage Unit may be placed on public right of way, block a public sidewalk or be placed in a location that restricts the sight lines of an intersection.  

Subd. 8. Portable Storage Units shall be placed no closer than 10 feet from the front property line and shall comply with side and rear set back requirements for structures in the zoning district in which it is located.

Subd. 9. Upon reasonable notice to the applicant, the City may inspect the contents of any Portable Storage Unit at any reasonable time to ensure that it is not being used to store unpermitted materials.

Section 68.06:  VIOLATIONS AND PENALTIES.  Any person or corporation who shall violate or refuse to comply with any of the provisions of this Chapter shall be guilty of a misdemeanor as punishable by state statute. Each day a violation is permitted to exist shall constitute a separate offense.

Section 68.07:  DECLARATION OF NUISANCE.

Subd. 1. The delivery, placement and maintenance of Portable Storage Units in violation of this Chapter is declared to be a public nuisance because it: (1) obstructs views on streets and private property, (2) creates cluttered and otherwise unsightly areas, (3) prevents the full use of residential streets for residential parking, (4) introduces commercial advertising signs into areas where commercial advertising signs are otherwise prohibited, (5) decreases adjoining landowners’ and occupants’ use and enjoyment of their property and neighborhood, and (6) otherwise adversely affects property values and neighborhood patterns.

Subd. 2. Any criminal penalty notwithstanding, the City of Albany may determine a Portable Storage Unit delivered, placed, or maintained in violation of this Chapter to be a public nuisance and order the nuisance abated.  The cost of the remedy shall be a lien against the subject real estate as provided by Code Section 70.05, Subd. 2, as it may be amended from time to time, but the assessment shall be payable in a single installment.

Section 68.08:  SEVERABILITY.  If any provision of this ordinance is found to be invalid for any reason by a court of competent jurisdiction, the validity of the remaining provisions shall not be affected.”

2. The City Council for the City of Albany, further ORDAINS that Appendix A is amended by the addition of the following:



Ordinance

Description

Fee

68.04, Subd. 3

Portable Storage Unit Permit Fee

$30.00





3. This Amendment shall be effective upon publication.

This Amendment was approved by the majority of the City Council of Albany on this 3rd day of May, 2017.

Daron Gersch, Mayor

Tom Schneider, Clerk/Administrator

( S E A L )

This amendment was published in the Albany Enterprise on May 10, 2017

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AMENDMENT TO ORDINANCE 60 LIQUOR

The City Council for the City of Albany, HEREBY ORDAINS that Ordinance 60 Liquor is hereby amended as follows:

1. Section 60.08 is hereby amended by the addition of Subd. 4 which shall read as follows:

“Subd. 4: Outdoor Patios and Decks. Service and consumption of alcohol in outdoor patios and decks in conjunction with an intoxicating liquor “on-sale” license, a license for Sunday sales, or a 3.2 percent malt liquor “on-sale” license, is allowed under the following conditions:

a) the application for the on-sale license shall contain a scaled drawing or diagram of the location of the premises to be licensed, including the outdoor patio or deck and describing the proposed fencing and lighting as required herein;

b) the outdoor patio or deck must be compact and contiguous to the building or structure comprising the remainder of the licensed premises and shall be no closer than 10 feet from any adjacent residential property line;

c) the outdoor patio or deck shall have a permanent surface of concrete, asphalt, wood or other fabricated construction material and shall meet all applicable zoning district regulations, building codes and accessibility requirements;

d) the outdoor patio or deck shall have a fence that is six (6) feet high so as prevent entrance from outside the fenced area onto the patio or deck area unless the patio or deck is constructed in such a manner that entrance from other than the building or structure is otherwise prevented without a fence;

e) any exterior stairway or ramp access to the outdoor patio or deck must be gated so as to require all persons using the outdoor area to enter and exit the area through the building or structure except for emergency exit;

f) if any portion of the outdoor patio or deck lies within 200 feet of a residential district, the outdoor area shall be screened in a manner approved by the City Council so as to prevent viewing of the outdoor area from the residential district and to dampen and/or deflect noise away from the residential district;

g) music, televisions, bands, or any activity that would disturb the peace of the surrounding area is prohibited on outdoor patios or decks between the hours of  12:00 a.m. and 10:00 a.m., and the licensee shall immediately remove any person from the outdoor patio or deck who becomes unruly or noisy;

h) appropriate receptacles for rubbish and garbage, and at least one fire-safe cigarette disposal receptacle must be provided in the outdoor patio or deck and the licensee shall be responsible for picking up trash and litter generated by the operation of the outdoor patio or deck within a reasonable distance from the outdoor patio or deck;

i) lighting must be sufficient to promote public safety, shall be designed and installed so that the globe is recessed and enclosed on all sides except the bottom and no light is cast onto surrounding properties;

j) the outdoor patio or deck and surrounding landscaping shall be designed to complement the building or structure comprising the remainder of the licensed premises;

k) the outdoor patio or deck area must be included in the required liquor liability insurance for the premises;

l) an employee must be assigned to supervise the outdoor patio or deck at all times if alcohol is allowed to be sold or served in the outdoor patio or deck;

m) the licensee may allow smoking on the patio or deck, provided that the patio or deck is in compliance with the Minnesota Freedom to Breathe Act, as amended from time to time;

n) signs shall be posted in accordance with Minnesota Rule 4620.0500 to advise persons of the existence of acceptable nonsmoking and smoking-permitted areas; and

o) the patio or deck area may be open only from 10:00 a.m. to 12:00 a.m.”

2. Section 60.23, Subd. 2 (b) is hereby amended to read as follows:

“b) The license shall be suspended by the Council after a finding that the licensee has failed to pay taxes or assessments when due or failure to comply with any applicable statute, rule, or provision of this ordinance for at least the minimum periods set forth below.  Nothing herein contained prevents the Council from imposing a longer period of suspension or revoking a license where the Council deems such action is warranted.”

Subparagraphs i. through iv. of Section 60.23, Subd. 2 shall remain unchanged.

3. This Amendment shall be effective upon publication.

This Amendment was approved by the majority of the City Council of Albany on this 3rd day of May, 2017.

Daron Gersch, Mayor                    

Tom Schneider, Clerk/Administrator

( S E A L )

This amendment was published in the Albany Enterprise on May 10, 2017

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Holdingford School Board Briefs

A School Board work session was held May 3, 2017 for budget planning. Superintendent Swenson presented some proposed budget adjustments for 2017-2018. Discussion ensued on what the Board would like to see additional Capital Funds designated to. Consensus was that more dollars will be allocated towards technology.

Mr. Swenson presented information on tax impact on existing levy and referendums with comparisons to the surrounding Districts. The Board will need to determine what increase they are comfortable with putting out to the tax payers of this District and whether it will be an operating levy and/or a building expansion/remodeling referendum.

The Board reviewed results of a survey prioritizing the facility needs of the District. The survey was done by the Board members and Administration.

The next work session will be on May 24 at 5:00 p.m. in the Board room.

This article is a summary of the minutes. The full text is available for public inspection at the District Office or online at http://www.isd738.org/school-board-meeting-agendasminutes.html.

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TOWNSHIP OF AVON

NOTICE OF PUBLIC HEARING

Notice is hereby given that the Avon Township Planning Commission, County of Stearns, Minnesota, will conduct two public hearings on May 31, 2017 in the Avon Township Hall (16881 Queens Road, Avon, MN).  

The first hearing, which begins at 7:45 p.m., will consider an application for a Conditional Use Permit submitted by FastSun3, LLC (Minnetonka, MN) to construct a one-megawatt AC solar energy conversion farm on the property of Brian and Linda Gertken, 34206 Smiley Drive, Avon, MN (PID 03.00935.0000). This project, if approved, will consist of approximately 4,000 panels and occupy about six acres.  

The second public hearing, which will begin at 7:50 p.m., will consider an application for a Conditional Use Permit submitted by Stearns Community Solar One, LLC (Minnetonka, MN) to construct a one-megawatt AC solar energy conversion farm on the property of Brian and Linda Gertken, 34206 Smiley Drive, Avon, MN (PID 03.00935.0000). This project, if approved, will consist of approximately 4,000 panels and occupy about six acres.

All interested persons are invited to these hearings, at which time you may appear if you so desire, either in person or by agent, in opposition to or in support of the proposed changes. The hearings are not limited to those receiving copies of this notice, and if you know of any neighbor or affected property owner, who for any reason has not received a copy, it would be appreciated if you would inform him/her of this public hearing. If you cannot attend this meeting, you may direct comments to the Avon Township Clerk. All Avon Township meetings are handicap accessible.

Stephen Saupe, Clerk

Avon Township

16881 Queens Road

Avon, MN 56310

Published in the Avon/Albany Enterprise Wednesday, May 10, 2017

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NOTICE OF MECHANIC’S LIEN SALE

    Please take notice that at the address of Copart, 200 County Road 159, Avon, MN 56310 at 2 o’clock on May 24, 2017, the Sheriff of Stearns County will sell to the highest cash bidder a 2001 Chev Blazer.  Storage and lien sale fees are due as of February 10, 2017 is $325.92.

    The storage will continue to accrue at $20.00 per day until the sale date.

Owner(s): Robert L. Langhans, Mary J. Langhans.

Lienholders: Chase Manhattan Bank USA NA

PLEASE NOTE-THIS MAY BE A SALVAGE VEHICLE.

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NOTICE OF MECHANIC’S LIEN SALE

    Please take notice that at the address of Copart, 200 County Road 159, Avon, MN 56310 at 2 o’clock on May 24, 2017, the Sheriff of Stearns County will sell to the highest cash bidder a 2002 Ford Explorer.  Storage and lien sale fees are due as of March 24, 2017 is $205.92.

    The storage will continue to accrue at $20.00 per day until the sale date.

Owner(s): Maqsud Abdi Koronto, Estahil Musse

Lienholders: None

PLEASE NOTE-THIS MAY BE A SALVAGE VEHICLE.

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NOTICE OF MECHANIC’S LIEN SALE

    Please take notice that at the address of Copart, 200 County Road 159, Avon, MN 56310 at 2 o’clock on May 24, 2017, the Sheriff of Stearns County will sell to the highest cash bidder a 1998 Hond. Civic.  Storage and lien sale fees are due as of March 24, 2017 is $713.97.

    The storage will continue to accrue at $20.00 per day until the sale date.

Owner(s): Emily J. Tuininga

Lienholders: None

PLEASE NOTE-THIS MAY BE A SALVAGE VEHICLE.

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OFFICE OF THE MINNESOTA SECRETARY of STATE

CERTIFICATE OF ASSUMED NAME

Minnesota Statutes, 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.

ASSUMED NAME: Straight Line Auto Glass

PRINCIPAL PLACE OF BUSINESS: 220 Railroad Avenue, Albany, MN 56307

NAMEHOLDER(S):

Name: J&S Customs, LLC

Address: 220 Railroad Avenue, Albany, MN 56307



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 Statutes. 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.



SIGNED BY: Justin Wentland

State of Minnesota Office of the Secretary of State

Filed: 04/25/2017

Signed: Steve Simon, Secretary of State

Published in the Albany Enterprise Wednesday May 3 and May 10, 2017

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-Notice of Public Hearing-

    Notice is hereby given, pursuant to Minnesota Statute, Section 394.26, that the Stearns County Board of Adjustment, in and for the County of Stearns, will conduct a public hearing on Thursday, May 25, 2017, in Conference Room 121, Stearns County Service Center West, 3301 County Road 138, Waite Park, MN, beginning at 6:30 pm.

    Purpose of the hearing is to consider the granting or denial of variances from the Stearns County Land Use & Zoning Ordinance, Stearns County Subdivision Ordinance, Stearns County Sewage Treatment Ordinance, Stearns County Recreational Campground Ordinance, Stearns County Lodging Establishments Ordinance, Stearns County Childrens Camps Ordinance and the Stearns County Manufactured Home Parks Ordinance as follows:

Public Hearings:

1.    To consider a request from Mark & Angela Janorschke, Avon, MN from Section 9.9.9A(1) of the Stearns County Land Use & Zoning Ordinance #439 to leave as constructed a single family residential dwelling 8 feet from a side yard property line.  Said Ordinance requires a 10 foot property line setback.  Affected property:  Lot 43 & NW’LY 20’ of Lot 44 of Connaught’s Addition, Section 33, T125N, R30W, Avon Township.  Property address:  32791 Spunk Tree Circle, Avon, MN.

2.    To consider a request from Arthur Harlander Jr., Holdingford, MN from Section 6.5 of the Stearns County Subsurface Sewage Treatment System Ordinance #422 to use a holding tank, Type II, as the sewage treatment system where there is ample land area for the placement of standard, Type I, Subsurface Sewage Treatment System.  Said Ordinance does not allow for the use of holding tanks except as under the applications listed.  Affected property:  75.00A SE4NE4 & NE4SE4 LESS 5.00A OF SE4NE4, Section 9, T126N, R30W, Holding Township.  Property address:  42755 165th Avenue, Holdingford, MN.

    All applications and related information are on file with the Environmental Services Department, Room 343, County Administration Center, 705 Courthouse Square, St. Cloud, MN and can also be viewed approximately one week prior to the meeting at co.stearns.mn.us by clicking on Board and Committee Meetings.  Action taken on these applications will be available shortly after the meeting at the same website location.

    All interested persons are invited to attend said hearing or submit written testimony prior to the hearing date, either in support of or in opposition to the requests.  Written testimony should be sent to the Stearns County Board of Adjustment, Stearns County Environmental Services Department, Administration Center Room 343, 705 Courthouse Square, St. Cloud, MN 56303.    

    Barrier Free Status:  This meeting will be accessible to the handicapped.  Attempts will be made to accommodate any other individual need for special services.  Please call (320) 656-3613 or 1-800-450-0852 early so arrangements can be made.

Publish:  May 10, 2017.

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NOTICE

Notice is hereby given that an application has been made to the Comptroller of the Currency, One Financial Place, Suite 2700, 440 LaSalle Street, Chicago, Illinois 60605, for consent to merge Avon State Bank, a Minnesota state banking corporation, being located at 104 Avon Avenue North, Avon, MN 56310, County of Stearns, in the State of Minnesota with and into American Heritage National Bank, a banking association organized under the laws of the United States, being located at 24 2nd Street South, Long Prairie, MN 56347, County of Todd, in the State of Minnesota. It is contemplated that the main office and branch offices of the above-named banks will continue to operate as branches of American Heritage National Bank, with the main office being located at 24 2nd Street South, Long Prairie, MN 56347.

This notice is published pursuant to 12 USC 1828(c) and 12 CFR 5.   Anyone may find information about the filing (including the closing date of the comment period and the public portion of the filing) in the OCC Weekly Bulletin available at www.occ.gov.

Anyone may submit written comments on this application by the closing date of the comment period to:  Director of District Licensing, One Financial Place, Suite 2700, 440 South LaSalle Street, Chicago, Illinois 60605 or CE.Licensing@occ.treas.gov.  The public file is available upon request.  Written requests for a copy of the public file on the application should be sent to the Director of District Licensing.

May 3, 2017                

Avon State Bank, Avon, Minnesota

American Heritage National Bank, St. Cloud, Minnesota

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STATE OF MINNESOTA

COUNTY OF STEARNS

DISTRICT COURT

SEVENTH JUDICIAL DISTRICT

Court File No.: 73-PR-17-3791

In Re: Estate of

Mary Jo Opatz,

Decedent

NOTICE AND ORDER FOR HEARING ON PETITION FOR FORMAL PROBATE OF WILL AND

APPOINTMENT OF PERSONAL REPRESENTATIVE AND NOTICE TO CREDITORS

    It is Ordered and Notice is given that on June 2, 2017, at 8:45 a.m., a hearing will be held in this Court at St. Cloud, Minnesota, on a petition for the formal probate of an instrument purporting to be the decedent’s Will dated October 29, 2008, and for the appointment of Kip Opatz, whose address is 610 2nd Ave. N.E., St. Joseph, MN 56374 and Julie Kierzek, whose address is P.O. Box 262, St. Joseph, MN 56374, as personal representatives of the decedent’s estate in an unsupervised administration.

    Any objections to the petition must be raised at the hearing or filed with the Court prior to the hearing. If the petition is proper and no objections are filed or raised, the personal representative will be appointed with the full power to administer the decedent’s estate, including the power to collect all assets; pay all legal debts, claims, taxes, and expenses; sell real and personal property; and do all necessary acts for the decedent’s estate.

    Notice is further given that, subject to Minn. Stat. § 524.3-801, all creditors having claims against the decedent’s estate are required to present the claims to the personal representative or to the Court within four (4) months after the date of this notice or said claims will be barred.

By the court

Dated: May 2, 2017

William J. Cashman

Judge of District Court

Dated: May 2, 2017

George Lock

Court Administrator

By: Tamra S.

Court Deputy



Paul A. Ampe,

Attorney at Law

321 Railroad Avenue, P.O. Box 459

Albany, MN 56307

Telephone: 320-845-4765

Facsimile: 320-845-7414

e-Mail: ampelaw@albanytel.com

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STATE OF MINNESOTA

COUNTY OF STEARNS

DISTRICT COURT

SEVENTH JUDICIAL DISTRICT

Court File No.: 73-PR-17-3748

In Re: Estate of

Helen Miller,

Decedent

NOTICE AND ORDER FOR HEARING ON PETITION FOR FORMAL PROBATE OF WILL AND

APPOINTMENT OF PERSONAL REPRESENTATIVE AND NOTICE TO CREDITORS

    It is Ordered and Notice is given that on June 9, 2017, at 8:45 a.m., a hearing will be held in this Court at St. Cloud, Minnesota, on a petition for the formal probate of an instrument purporting to be the decedent’s Will dated June 4, 2015, and Codicil dated August 17, 2016, and for the appointment of Joseph Miller, whose address is 30928 Co. Rd. 2, P.O. Box 850, St. Joseph, MN 56374, and Dennis Miller whose address is 2313 South L’Homme Dieu Dr. N.E., Alexandria, MN 56308 as personal representatives of the decedent’s estate in an unsupervised administration.

    Any objections to the petition must be raised at the hearing or filed with the Court prior to the hearing. If the petition is proper and no objections are filed or raised, the personal representative will be appointed with the full power to administer the decedent’s estate, including the power to collect all assets; pay all legal debts, claims, taxes, and expenses; sell real and personal property; and do all necessary acts for the decedent’s estate.

    Notice is further given that, subject to Minn. Stat. § 524.3-801, all creditors having claims against the decedent’s estate are required to present the claims to the personal representative or to the Court within four (4) months after the date of this notice or said claims will be barred.

By the court

Dated: May 1, 2017

Kris Davick-Halfen

Judge of District Court

Dated: May 1, 2017

George Lock

Court Administrator



Paul A. Ampe,

Attorney ID #133395

321 Railroad Avenue, P.O. Box 459

Albany, MN 56307

Telephone: 320-845-4765

Facsimile: 320-845-7414

e-Mail: ampelaw@albanytel.com

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NOTICE OF MECHANIC’S LIEN SALE

    Please take notice that at the address of Copart, 200 County Road 159, Avon, MN 56310 at 2 o’clock on June 7, 2017, the Sheriff of Stearns County will sell to the highest cash bidder a 1998 Toyt  Rav 4.  Storage and lien sale fees are due as of February 28, 2017 is $385.92.

    The storage will continue to accrue at $20.00 per day until the sale date.

Owner(s): Samantha Skinner, Jeff Skinner

Lienholders: Sioux Falls Federal Credit Union

PLEASE NOTE-THIS MAY BE A SALVAGE VEHICLE.

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NOTICE OF MECHANIC’S LIEN SALE

    Please take notice that at the address of Copart, 200 County Road 159, Avon, MN 56310 at 2 o’clock on June 7, 2017, the Sheriff of Stearns County will sell to the highest cash bidder a 2004 Toyota Sienna XLE.  Storage and lien sale fees are due as of March 2, 2017 is $305.92.

    The storage will continue to accrue at $20.00 per day until the sale date.

Owner(s): Sahra H. Duale

Lienholders: Shabelle Auto Dealership

PLEASE NOTE-THIS MAY BE A SALVAGE VEHICLE.

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AMENDMENT TO ORDINANCE 60 LIQUOR

The City Council for the City of Albany, HEREBY ORDAINS that Ordinance 60 Liquor is hereby amended as follows:

1. Section 60.08 is hereby amended by the addition of Subd. 4 which shall read as follows:

“Subd. 4:  Outdoor Patios and Decks. Service and consumption of alcohol in outdoor patios and decks in conjunction with an intoxicating liquor “on-sale” license, a license for Sunday sales, or a 3.2 percent malt liquor “on-sale” license, is allowed under the following conditions:

a) the application for the on-sale license shall contain a scaled drawing or diagram of the location of the premises to be licensed, including the outdoor patio or deck and describing the proposed fencing and lighting as required herein;

b) the outdoor patio or deck must be compact and contiguous to the building or structure comprising the remainder of the licensed premises and shall be no closer than 10 feet from any adjacent residential property line;

c) the outdoor patio or deck shall have a permanent surface of concrete, asphalt, wood or other fabricated construction material and shall meet all applicable zoning district regulations, building codes and accessibility requirements;

d) the outdoor patio or deck shall have a fence that is six (6) feet high so as prevent entrance from outside the fenced area onto the patio or deck area unless the patio or deck is constructed in such a manner that entrance from other than the building or structure is otherwise prevented without a fence;

e) any exterior stairway or ramp access to the outdoor patio or deck must be gated so as to require all persons using the outdoor area to enter and exit the area through the building or structure except for emergency exit;

f) if any portion of the outdoor patio or deck lies within 200 feet of a residential district, the outdoor area shall be screened in a manner approved by the City Council so as to prevent viewing of the outdoor area from the residential district and to dampen and/or deflect noise away from the residential district;

g) music, televisions, bands, or any activity that would disturb the peace of the surrounding area is prohibited on outdoor patios or decks between the hours of  12:00 a.m. and 10:00 a.m., and the licensee shall immediately remove any person from the outdoor patio or deck who becomes unruly or noisy;

h) appropriate receptacles for rubbish and garbage, and at least one fire-safe cigarette disposal receptacle must be provided in the outdoor patio or deck and the licensee shall be responsible for picking up trash and litter generated by the operation of the outdoor patio or deck within a reasonable distance from the outdoor patio or deck;

i) lighting must be sufficient to promote public safety, shall be designed and installed so that the globe is recessed and enclosed on all sides except the bottom and no light is cast onto surrounding properties;

j) the outdoor patio or deck and surrounding landscaping shall be designed to complement the building or structure comprising the remainder of the licensed premises;

k) the outdoor patio or deck area must be included in the required liquor liability insurance for the premises;

l) an employee must be assigned to supervise the outdoor patio or deck at all times if alcohol is allowed to be sold or served in the outdoor patio or deck;

m) the licensee may allow smoking on the patio or deck, provided that the patio or deck is in compliance with the Minnesota Freedom to Breathe Act, as amended from time to time;

n) signs shall be posted in accordance with Minnesota Rule 4620.0500 to advise persons of the existence of acceptable nonsmoking and smoking-permitted areas; and

o) the patio or deck area may be open only from 10:00 a.m. to 12:00 a.m.”

2. Section 60.23, Subd. 2 (b) is hereby amended to read as follows:

“b) The license shall be suspended by the Council after a finding that the licensee has failed to pay taxes or assessments when due or failure to comply with any applicable statute, rule, or provision of this ordinance for at least the minimum periods set forth below.  Nothing herein contained prevents the Council from imposing a longer period of suspension or revoking a license where the Council deems such action is warranted.”

Subparagraphs i. through iv. of Section 60.23, Subd. 2 shall remain unchanged.

3. This Amendment shall be effective upon publication.

This Amendment was approved by the majority of the City Council of Albany on this 3rd day of May, 2017.

Daron Gersch, Mayor                    Tom Schneider, Clerk/Administrator

( S E A L )

This amendment was published in the Albany Enterprise on May 10, 2017

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Holdingford School Board Briefs

A School Board work session was held May 3, 2017 for budget planning.  Superintendent Swenson presented some proposed budget adjustments for 2017-2018. Discussion ensued on what the Board would like to see additional Capital Funds designated to. Consensus was that more dollars will be allocated towards technology.

Mr. Swenson presented information on tax impact on existing levy and referendums with comparisons to the surrounding Districts. The Board will need to determine what increase they are comfortable with putting out to the tax payers of this District and whether it will be an operating levy and/or a building expansion/remodeling referendum.

The Board reviewed results of a survey prioritizing the facility needs of the District. The survey was done by the Board members and Administration.

The next work session will be on May 24th at 5:00 PM in the Board room.

This article is a summary of the minutes. The full text is available for public inspection at the District Office or online at http://www.isd738.org/school-board-meeting-agendasminutes.html.

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CITY OF ALBANY

ORDINANCE NO. 68

REGULATING THE PLACEMENT AND USE OF PORTABLE STORAGE UNITS

The City Council for the City of Albany, HEREBY ORDAINS as follows:

1) That Ordinance Section 68 Regulating the Placement and Use of Portable Storage Units is hereby adopted and shall read as follows:

Section 68.01:  PURPOSE AND INTENT.  The following regulations have been adopted for the protection of public and private property, and the promotion of health, safety, order, convenience, and the general welfare as these may relate to the placement of portable storage units on public and private property.

Section 68.02:    DEFINITIONS.  The following definitions shall apply under this ordinance.

“Applicant” shall mean the person that owns, rents, occupies, or controls the property on which the Portable Storage Unit is placed.

“Supplier” shall mean the company or vendor that supplies the Portable Storage Unit to the property, if applicable.  

“Portable Storage Unit” shall mean a storage unit or container designed, constructed, or reconstructed to be capable of movement via towing, hauling, or attachment to a vehicle from one site to another and designed to be used without a permanent foundation for the storage or shipment of household goods, wares, building materials or merchandise.  Portable storage units shall include semi-trailers and similar units which are being used primarily for storage rather than transport.

Section 68.03:  EXCEPTIONS.  The following Portable Storage Units are exempt from the permit requirements of this ordinance:  

a) Portable Storage Units that are actively being unloaded and will be located on the Applicant’s property for 7 days or less are exempt from the requirements of these regulations.

b) Portable Storage Units for sale or rent or awaiting service that are located on premises owned or leased by a person or business legally engaged in the sale, rental, or service of Portable Storage Units.

c) Semi-trailers that are licensed and road-ready.

d) Properly licensed fish houses, properly licensed and road-ready recreational vehicles and trailers, and accessory structures that are in compliance with City Code.

e) Portable Storage Units which are contained within a building.

f) Two or fewer Portable Storage Units located on private property in the M2 Industrial District that otherwise meet the requirements of this Ordinance shall not require a permit.

Section 68.04:  REQUIREMENTS FOR PERMITTING OF PORTABLE STORAGE UNITS.

Subd. 1. No person shall deliver, place, or move a Portable Storage Unit on to any property within the City of Albany without first securing a permit from the Zoning Administrator. Permits shall only be issued for use during construction projects occurring on the property.  

Subd. 2. An application for a Portable Storage Unit permit shall contain the following:

a) the name, address, and telephone number of the Supplier,

b) the name of the Applicant to whom the Portable Storage Unit is supplied,

c) whether the Applicant owns, rents, occupies, or controls the property,

d) the address that the Portable Storage Unit will be placed,

e) the expected delivery date and the expected removal date,

f) active building permit number, if applicable, and

g) a sketch depicting the location and the placement of the Portable Storage Unit.

Subd. 3. The fee for a Portable Storage Unit permit shall be determined by the Council from time to time and set forth in Appendix A.  The fee for the Portable Storage Unit permit must be paid before the permit may be issued.

Subd. 4. The effective date of the permit shall be the date of the Zoning Administrator’s written approval.  

Section 68.05:  REQUIREMENTS FOR PLACEMENT OF PORTABLE STORAGE UNITS.  The following requirements shall apply to the Portable Storage Units within the City;

Subd. 1. A Portable Storage Unit permit shall be valid for a period not exceeding 90 days from the effective date.  The initial Portable Storage Unit permit may be issued by the Zoning Administrator.

Subd. 2. An application to extend the initial Portable Storage Unit permit must be approved by the Zoning Administrator.  The Zoning Administrator may permit an extension of up to an additional 90 days if additional time is necessary for completion of construction on the property where the Portable Storage Unit is located.

Subd. 3. In no case shall an Applicant be permitted to have a Portable Storage Unit on the same property for more than 180 days in any 365 day period. Except in the M2 Industrial District, no more than one Portable Storage Unit shall be allowed on the same property at one time.  In the M2 Industrial District, no more than two Portable Storage Units are allowed on the same property at one time.  Portable Storage Units shall not be stacked.

Subd. 4. The Applicant and the Supplier, shall be jointly and severally responsible for ensuring that the Portable Storage Unit is maintained in good condition, free from evidence of deterioration, weathering, discoloration, graffiti, rust, ripping, tearing, or other holes or breaks, at all times.

Subd. 5. No Portable Storage Unit shall be used to store solid waste, construction debris, demolition debris, recyclable materials, or business inventory or commercial goods being sold either on the property or being stored for the purposes of sale on a property other than that of where the Portable Storage Unit is located.

Subd. 6. No Portable Storage Unit shall be used to store any illegal or hazardous material.

Subd. 7. No Portable Storage Unit may be placed on public right of way, block a public sidewalk or be placed in a location that restricts the sight lines of an intersection.  

Subd. 8. Portable Storage Units shall be placed no closer than 10 feet from the front property line and shall comply with side and rear set back requirements for structures in the zoning district in which it is located.

Subd. 9. Upon reasonable notice to the applicant, the City may inspect the contents of any Portable Storage Unit at any reasonable time to ensure that it is not being used to store unpermitted materials.

Section 68.06:  VIOLATIONS AND PENALTIES.  Any person or corporation who shall violate or refuse to comply with any of the provisions of this Chapter shall be guilty of a misdemeanor as punishable by state statute. Each day a violation is permitted to exist shall constitute a separate offense.

Section 68.07:  DECLARATION OF NUISANCE.

Subd. 1. The delivery, placement and maintenance of Portable Storage Units in violation of this Chapter is declared to be a public nuisance because it: (1) obstructs views on streets and private property, (2) creates cluttered and otherwise unsightly areas, (3) prevents the full use of residential streets for residential parking, (4) introduces commercial advertising signs into areas where commercial advertising signs are otherwise prohibited, (5) decreases adjoining landowners’ and occupants’ use and enjoyment of their property and neighborhood, and (6) otherwise adversely affects property values and neighborhood patterns.

Subd. 2. Any criminal penalty notwithstanding, the City of Albany may determine a Portable Storage Unit delivered, placed, or maintained in violation of this Chapter to be a public nuisance and order the nuisance abated.  The cost of the remedy shall be a lien against the subject real estate as provided by Code Section 70.05, Subd. 2, as it may be amended from time to time, but the assessment shall be payable in a single installment.

Section 68.08:  SEVERABILITY.  If any provision of this ordinance is found to be invalid for any reason by a court of competent jurisdiction, the validity of the remaining provisions shall not be affected.”

2. The City Council for the City of Albany, further ORDAINS that Appendix A is amended by the addition of the following:



Ordinance

Description

Fee

68.04, Subd. 3

Portable Storage Unit Permit Fee

$30.00





3. This Amendment shall be effective upon publication.

This Amendment was approved by the majority of the City Council of Albany on this 3rd day of May, 2017.

Daron Gersch, Mayor

Tom Schneider, Clerk/Administrator

( S E A L )

This amendment was published in the Albany Enterprise on May 10, 2017

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TOWNSHIP OF AVON

NOTICE OF PUBLIC HEARING

Notice is hereby given that the Avon Township Planning Commission, County of Stearns, Minnesota, will conduct two public hearings on May 31, 2017 in the Avon Township Hall (16881 Queens Road, Avon, MN).  

The first hearing, which begins at 7:45 PM, will consider an application for a Conditional Use Permit submitted by FastSun3, LLC (Minnetonka, MN) to construct a one-megawatt AC solar energy conversion farm on the property of Brian and Linda Gertken, 34206 Smiley Drive, Avon, MN (PID 03.00935.0000).   This project, if approved, will consist of approximately 4,000 panels and occupy about six acres.  

The second public hearing, which will begin at 7:50 PM, will consider an application for a Conditional Use Permit submitted by Stearns Community Solar One, LLC (Minnetonka, MN) to construct a one-megawatt AC solar energy conversion farm on the property of Brian and Linda Gertken, 34206 Smiley Drive, Avon, MN (PID 03.00935.0000).   This project, if approved, will consist of approximately 4,000 panels and occupy about six acres.

All interested persons are invited to these hearings, at which time you may appear if you so desire, either in person or by agent, in opposition to or in support of the proposed changes.  The hearings are not limited to those receiving copies of this notice, and if you know of any neighbor or affected property owner, who for any reason has not received a copy, it would be appreciated if you would inform him/her of this public hearing.  If you cannot attend this meeting, you may direct comments to the Avon Township Clerk.  All Avon Township meetings are handicap accessible.

Stephen Saupe, Clerk

Avon Township

16881 Queens Road

Avon, MN  56310

Published in the Avon/Albany Enterprise Wednesday May 10, 2017

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