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Public Notices for the week of 10-28-2019

October 25, 2019
Faribault County Register

NOTICE OF MORTGAGE FORECLOSURE SALE

THE RIGHT TO VERIFICATION OF THE DEBT AND IDENTITY OF THE ORIGINAL CREDITOR WITHIN THE TIME PROVIDED BY LAW IS NOT AFFECTED BY THIS ACTION.

NOTICE IS HEREBY GIVEN: That default has occurred in the conditions of the following described mortgage:

DATE OF MORTGAGE: March 8, 2007

ORIGINAL PRINCIPAL AMOUNT OF MORTGAGE: $61,017.00

MORTGAGOR(S): Marvin Boettcher and Carol Boettcher, husband and wife

MORTGAGEE: Wells Fargo Bank, N.A.

DATE AND PLACE OF FILING: Recorded on March 14, 2007 as Document Number 339606 in the Office of the County Recorder of Faribault County, Minnesota.

ASSIGNMENTS OF MORTGAGE: Assigned to: U.S. Bank National Association, as Trustee for Citigroup Mortgage Loan Trust 2007-WFHE3, Asset-Backed Pass-Through Certificates, Series 2007-WFHE3 by assignment recorded on April 26, 2016 as Document Number 371213 in the Office of the County Recorder of Faribault County, Minnesota.

LEGAL DESCRIPTION OF PROPERTY: Lot 1 and the North 20 feet of Lot 2 in Block 6 in Dustin's Addition to the Village of Elmore, Faribault County, Minnesota.

STREET ADDRESS OF PROPERTY: 502 SOUTH MILL ST , ELMORE, MN 56027-3316

COUNTY IN WHICH PROPERTY IS LOCATED: Faribault County, Minnesota.

THE AMOUNT CLAIMED TO BE DUE ON THE MORTGAGE ON THE DATE OF THE NOTICE: $55,446.08

TRANSACTION AGENT: None

NAME OF MORTGAGE ORIGINATOR: Wells Fargo Bank, N.A.

RESIDENTIAL SERVICER: Wells Fargo Bank, N.A.

TAX PARCEL IDENTIFICATION NUMBER: 252751010 & 252751012

TRANSACTION AGENT'S MORTGAGE IDENTIFICATION NUMBER: None

THAT no action or proceeding has been instituted at law to recover the debt then remaining secured by such mortgage, or any part thereof, or, if the action or proceeding has been instituted, that the same has been discontinued, or that an execution upon the judgment rendered therein has been returned unsatisfied, in whole or in part.

PURSUANT, to the power of sale contained in said mortgage, the above described property will be sold by the Sheriff of said county as follows:

DATE AND TIME OF SALE: December 5, 2019 at 10:00 AM.

PLACE OF SALE: Faribault County Sheriff's Office, 320 Dr. H. Russ Street, Blue Earth, MN 56013.

to pay the debt then secured by said mortgage and taxes, if any actually paid by the mortgagee, on the premises and the costs and disbursements allowed by law. The time allowed by law for redemption by said mortgagor(s), their personal representatives or assigns is six (6) months from the date of sale.

TIME AND DATE TO VACATE PROPERTY: Unless said mortgage is reinstated or the property redeemed, or unless the time for redemption is reduced by judicial order, you must vacate the premises by 11:59 p.m. on June 5, 2020.

THE TIME ALLOWED BY LAW FOR REDEMPTION BY THE MORTGAGOR, THE MORTGAGOR'S PERSONAL REPRESENTATIVES OR ASSIGNS, MAY BE REDUCED TO FIVE WEEKS IF A JUDICIAL ORDER IS ENTERED UNDER MINNESOTA STATUTES, SECTION 582.032, DETERMINING, AMONG OTHER THINGS, THAT THE MORTGAGED PREMISES ARE IMPROVED WITH A RESIDENTIAL DWELLING OF LESS THAN FIVE UNITS, ARE NOT PROPERTY USED IN AGRICULTURAL PRODUCTION, AND ARE ABANDONED.

MORTGAGOR(S) RELEASED FROM FINANCIAL OBLIGATION ON MORTGAGE: None

Dated: October 1, 2019

U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CITIGROUP MORTGAGE LOAN TRUST 2007-WFHE3, ASSET-BACKED PASS-THROUGH CERTIFICATES, SERIES 2007-WFHE3

Mortgagee

TROTT LAW, P.C.

By: /s/*

N. Kibongni Fondungallah, Esq.

Samuel R. Coleman, Esq.

*Michael van Muelken, Esq.*

Attorneys for Mortgagee

25 Dale Street North

St. Paul, MN 55102

(651) 209-9760

(18-0658-FC02)

THIS IS A COMMUNICATION FROM A DEBT COLLECTOR.

Oct. 7, 14, 21, 28, Nov. 4, 11, 2019

____________________________

NOTICE OF MORTGAGE FORECLOSURE SALE

THE RIGHT TO VERIFICATION OF THE DEBT AND IDENTITY OF THE ORIGINAL CREDITOR WITHIN THE TIME PROVIDED BY LAW IS NOT AFFECTED BY THIS ACTION.

NOTICE IS HEREBY GIVEN: That default has occurred in the conditions of the following described mortgage:

DATE OF MORTGAGE: November 2, 2015

ORIGINAL PRINCIPAL AMOUNT OF MORTGAGE: $58,000.00

MORTGAGOR(S): Shawn P. Kennedy, A Single Person

MORTGAGEE: Wells Federal Bank

DATE AND PLACE OF FILING: Filed November 6, 2015, Office of the Faribault County Recorder, Document No. 369815

ASSIGNMENTS OF MORTGAGE: N/A.

LEGAL DESCRIPTION OF PROPERTY: East One-Half of Lot 7 and the West One-Half of Lot 6 except the East 6 feet of Lot 6 in Block 1, College Addition No. 2, to the City of Winnebago, County of Faribault, State of Minnesota.

TAX PARCEL NO.: 31.251.0070

STREET ADDRESS OF PROPERTY: 725 1st Ave. NW, Winnebago, MN 56098

COUNTY IN WHICH PROPERTY IS LOCATED: Faribault County, Minnesota

THE AMOUNT CLAIMED TO BE DUE ON THE MORTGAGE ON THE DATE OF THE NOTICE: $56,727.01

THAT no action or proceeding has been instituted at law to recover the debt secured by said mortgage, or any part thereof; that there has been compliance with all pre-foreclosure notice and acceleration requirements of said mortgage, and/or applicable statutes;

PURSUANT, to the power of sale contained in said mortgage, the above-described property will be sold by the Sheriff of said county as follows:

DATE AND TIME OF SALE: December 12, 2019, at 10:00 a.m.

PLACE OF SALE: Sheriff's Main Office, 320 Dr. H. Russ Street, Blue Earth, Minnesota 56013.

To pay the debt then secured by said mortgage and taxes, if any actually paid by the mortgagee, on the premises and the costs and disbursements allowed by law. The time allowed by law for redemption by said mortgagor(s), their personal representatives or assigns is six (6) months from the date of sale.

Unless said mortgage is reinstated or the property redeemed, or unless the time for redemption is reduced by judicial order, you must vacate the premises by 11:59 p.m. on June 12, 2020.

"THE TIME ALLOWED BY LAW FOR REDEMPTION BY THE MORTGAGOR, THE MORTGAGOR'S PERSONAL REPRESENTATIVES OR ASSIGNS, MAY BE REDUCED TO FIVE WEEKS IF A JUDICIAL ORDER IS ENTERED UNDER MINNESOTA STATUTES, SECTION 582.032, DETERMINING, AMONG OTHER THINGS, THAT THE MORTGAGED PREMISES ARE IMPROVED WITH A RESIDENTIAL DWELLING OF LESS THAN FIVE UNITS, ARE NOT PROPERTY USED IN AGRICULTURAL PRODUCTION, AND ARE ABANDONED."

Dated: October 10, 2019CITIZENS COMMUNITY FEDERAL N.A.,

AS SUCCESSOR IN

INTEREST BY MERGER WITH WELLS FEDERAL BANK

By: /s/ Mark J. Rahrick

Mark J. Rahrick

SMITH, TOLLEFSON, RAHRICK & CASS

108 W. Park Square, Suite A

P.O. Box 271

Owatonna, MN 55060

Phone: (507) 451-6540

Attorney Reg. No. 252402

ATTORNEYS FOR CITIZENS COMMUNITY FEDERAL N.A., AS SUCCESSOR IN

INTEREST BY MERGER WITH WELLS FEDERAL BANK, MORTGAGEE, AND ON

BEHALF OF CITIZENS

COMMUNITY FEDERAL N.A., AS SUCCESSOR IN

INTEREST BY MERGER WITH WELLS FEDERAL BANK

THIS IS A COMMUNICATION FROM A DEBT COLLECTOR.

Oct. 21, 28, Nov. 4, 11, 18, 25, 2019

____________________________

Notice of Hearing on

Assessments for

Improvement

No. F17.117830

West Industrial,

Commerce, and Welk Drive -2019

Notice is hereby given that the City Council of Blue Earth will meet in the City Hall Building at 125 West 6th Street at 5:05 p.m. on November 4, 2019 to finalize assessments on the West Industrial, Commerce, and Welk Drive Project to consider, and possibly adopt, the proposed assessment for this project. Adoption by the council of the proposed assessment may occur at the hearing. The proposed roll is on file with the City Clerk and open to public inspection. The following is the area proposed to be assessed, Welk Drive (CSAH 63) from West First Street (CSAH 16) to the Union Pacific Railroad Crossing, Industrial Drive (CSAH 63) from Welk Drive (CSAH 63) to Commerce Drive (CSAH 63), and Commerce Drive (CSAH 63) from West First Street (CSAH 16) to the Union Pacific Railroad Crossing.

The total amount to be assessed for the improvements is $125,459.72 and is payable in annual installments over a period of 15 years. Written or oral objections will be considered at the hearing.

An owner of property to be assessed may appeal the assessment to the district court of Faribault County pursuant to Minnesota Statutes, Section 429.081 by serving notice of the appeal upon the Mayor or Clerk of the City within 30 days after the adoption of the assessment and filing such notice with the district court within ten days after service upon the Mayor or Clerk.

No appeal may be taken as to the amount of any assessment adopted by the City Council unless a written objection signed by the affected property owner is filed with the Clerk prior to the assessment hearing or presented to the presiding officer at the hearing. All objections to the assessments not received at the assessment hearing in the manner prescribed by Minnesota Statutes, Section 429.061 are waived, unless the failure to object at the assessment hearing is due to a reasonable cause.

The mailed notice of this hearing to property owners contains additional information.

BY ORDER OF THE

CITY COUNCIL

Timothy P. Ibisch, City Clerk

Oct. 21, 28, 2019

____________________________

FARIBAULT COUNTY

BOARD OF

COMMISSIONERS

SEPTEMBER 17, 2019

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

2. Approved synopsis and official proceedings of the September 3, 2019 regular and drainage authority meetings.

3. Approved agenda of September 17, 2019.

4. Approved an SSTS loan of $14,663.74 and a $3,000 grant to Sandra Goehry on Parcel No. 01.019.0400 in Barber Township.

5. Approved Resolution 19-CB-41 for the repurchase of forfeited Parcel No. 25.033.0170 in the City of Elmore by prior owner. Commissioners Groskreutz, Loveall, Roper, Warmka, and Young voted yes.

6. Approved Resolution 19-RB11-42 to approve final payment on 2018 bridge projects. Commissioners Groskreutz, Loveall, Roper, Warmka, and Young voted yes.

7. Approved Resolution 19-RB12-43 designating Trunk Highway 254 as CSAH 17. Commissioners Groskreutz, Loveall, Roper, Warmka, and Young voted yes.

8. Approved Resolution 19-RB13-44 designating Trunk Highway 253 as CSAH 23. Commissioner Groskreutz, Loveall, Roper, Warmka, and Young voted yes.

9. Closed meeting to discuss litigation on CD 24.

10. Approved leave of absence without pay request from Jessica Blair from her current position of Senior Technical Clerk per the agreement of leave terms.

11. Approved appointment/ hire of Jessica Blair as Auditor Chief Deputy and Accountant effective September 18, 2019.

12. Approved reclassification of the Drainage Manager position to a C51 scale classification which will be effective on the next regular payroll.

13. Approved Resolution 19-CB-45 setting proposed 2020 levy at $11,951,873 after reduction of program aid and budget of $26,164,093 in revenues and $26,154,076 in expenditures. Commissioners Groskreutz, Loveall, Roper, Warmka, and Young voted yes.

14. Approved Resolution 19-CB-46 to approve the findings and order to set public hearing for petition for a lateral and repair for CD 10. Commissioners Groskreutz, Loveall, Roper, Warmka, and Young voted yes.

15. Approved Resolution 19-CB-47 to approve the findings and order to set public hearing for petition to use CD 12 as an outlet. Commissioners Groskreutz, Loveall, Roper, Warmka, and Young voted yes.

16. Approved requests from L. Scholten to attend a 1-day Workers Compensation workshop in Mankato; C. Beaver to attend a 2-day Open Source Investigation for Anti-Trafficking Operations in Minneapolis; B. Schaper to participate in a 5-day online AutoDesk Auto CAD 2019, a 5-day online AutoDesk Civil 3D 2019, and a 2-day Excel 2019 training in Mankato; and L. Rebuffoni to attend a 1-day soils training in St. Peter.

17. Approved payment of bills as follows: ACH/EFT warrants totaling $684,690.75, Auditor warrants totaling $1,159,168.77, and Audit list and auxiliary totaling $171,458.22

Discussion was held concerning the following:

1. Caesar Larson spoke on behalf of Charlie Carlson regarding CD 24 and Holtmeier ravine.

2. M. Stindtman met regarding Soil and Water business.

3. L. Bosma met regarding SSTS business.

4. Jodell Sanders met regarding repurchase of forfeited property.

5. M. Daly met regarding Public Works business.

Complete minutes are on file in the Central Services Office.

The meeting was adjourned for September 2019.

Bill Groskreutz, Chair

Clara Vereide,

Acting Clerk to the Board

Oct. 28, 2019

____________________________

FARIBAULT COUNTY

BOARD OF

COMMISSIONERS OCTOBER 1, 2019

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

2. Approved synopsis and official proceedings of September 17, 2019 regular meeting.

3. Approved agenda of October 1, 2019.

4. Approved hiring of a part-time Administrative Assistant position beginning November 12, 2019, hiring a GIS Coordinator December 31, 2019 in the Drainage Department and the amendment to the agreement for services with Soil and Water Conservation District.

5. Approved a five-year contract with VTI Security for software support of the county video and access control systems for $23,562.00.

6. Approved hiring Darius Johnson as Maintenance Man I at the Winnebago garage.

7. Approved hiring Megan Ehlert as part-time Dispatch/Jailer in the Sheriff Department.

8. Approved haul road use and repair development agreement with Croell Development on MnDOT Project No. SP 4680-129 on Interstate 90.

9. Approved Resolution 19-RB14-48 to enter into an agreement with the State of Minnesota for maintenance and grooming of the snowmobile trails managed by Faribault County Trails/ Blue Earth Snow Rovers Snowmobile Club/ Stateliners Snowmobile Club. Commissioners Groskreutz, Loveall, Roper, Young, and Warmka voted yes.

10. Updated contract with Stateliners Snowmobile Club with correct signatures.

11. Approved the following financial institutions as depositories of funds for Faribault County for a period of one year: First Bank, Blue Earth; Wells Fargo; First Financial Bank of Winnebago; Peoples State Bank of Wells; and State Bank of Easton.

12. Approved subordination on two Small Cities Development Loans to Citizen Community Federal N.A. Bank recorded as Document 281343 and Document 286123. Commissioner Warmka abstained due to conflict of interest.

13. Approved agreement with John Thompson for audit services at $35/hour.

14. Approved requests from M. Sonnek to online DMT recertification training with the BCA; J. Blair and K. Anderson to attend a 2-day Southern Region Mn Assoc. of County Auditors, Treasurers, & Finance Officers in Morton.

15. Approved payment of the following bills: Audit/auxiliary totaling $458,021.36.

Discussion was held concerning the following:

1. L. Scholten met regarding central services business. M. Lore and M. Stindtman also attended.

2. M. Daly met regarding public works business.

Complete minutes are on file in the Central Services Office.

The meeting was recessed to October 15, 2019.

Bill Groskreutz, Chair

Clara Vereide,

Acting Clerk to the Board

Oct. 28, 2019

____________________________

NOTICE OF HEARING

FOR

CONDITIONAL USE PERMIT REQUEST

#10-19-70

NOTICE IS HEREBY GIVEN that the Faribault County Planning Commission will meet on Tuesday, November 12, 2019, at 7:00 p.m. in the Conference Room of the Blue Earth Ag. Center, Blue Earth, MN.

The meeting agenda will include a Public Hearing on the application of the MN Regular Baptist Camp, Inc. for a Conditional Use Permit.

Applicant is requesting a Conditional Use Permit to make additions to an existing church camp in the R-2 Shoreland Residential District.

The site is located at the following described property:

That part of Section 16, T104N, R27W, Delavan Township, County of Faribault and State of Minnesota.

All persons interested are invited to attend said hearing and be heard on this matter.

Loria Rebuffoni

Faribault County Planning

& Zoning Administrator

Oct. 28, 2019

_____________________________

NOTICE OF HEARING

FOR

CONDITIONAL USE PERMIT REQUEST

#10-19-71

NOTICE IS HEREBY GIVEN that the Faribault County Planning Commission will meet on Tuesday, November 12, 2019, at 7:00 p.m. in the Conference Room of the Blue Earth Ag. Center, Blue Earth, MN.

The meeting agenda will include a Public Hearing on the application of Southern Hills Wind LLC & Owen J. and Virginia M. Lorenz for a Conditional Use Permit.

Applicants are requesting a Conditional Use Permit for a Meteorological Tower in the A-2 General Agriculture District.

The site is located at the following described property:

the NW 1/4 of Section 4, Township 101, Range 24, Kiester Township, Faribault County, and the State of Minnesota.

All persons interested are invited to attend said hearing and be heard on this matter.

Loria Rebuffoni

Faribault County Planning

& Zoning Administrator

Oct. 28, 2019

_____________________________

NOTICE OF HEARING

FOR

CONDITIONAL USE PERMIT REQUEST

#10-19-72

NOTICE IS HEREBY GIVEN that the Faribault County Planning Commission will meet on Tuesday, November 12, 2019, at 7:00 p.m. in the Conference Room of the Blue Earth Ag. Center, Blue Earth, MN.

The meeting agenda will include a Public Hearing on the application of Southern Hills Wind LLC & and Orlando W. Meyer for a Conditional Use Permit.

Applicants are requesting a Conditional Use Permit for a Meteorological Tower in the A-2 General Agriculture District.

The site is located at the following described property:

the S 1/2 of the NE1/4 of Section 11, Township 101, Range 24, Kiester Township, Faribault County, and the State of Minnesota.

All persons interested are invited to attend said hearing and be heard on this matter.

Loria Rebuffoni

Faribault County Planning

& Zoning Administrator

Oct. 28, 2019

_____________________________

NOTICE OF HEARING

FOR

CONDITIONAL USE PERMIT REQUEST

#10-19-73

NOTICE IS HEREBY GIVEN that the Faribault County Planning Commission will meet on Tuesday, November 12, 2019, at 7:00 p.m. in the Conference Room of the Blue Earth Ag. Center, Blue Earth, MN.

The meeting agenda will include a Public Hearing on the application of Southern Hills Wind LLC & Elaine M. Kluender and Alvin W. Kluender for a Conditional Use Permit.

Applicants are requesting a Conditional Use Permit for a Meteorological Tower in the A-2 General Agriculture District.

The site is located at the following described property:

the West half of the Northeast quarter (W 1/2 of NE 1/4) of Section Thirty-six (36), Township One Hundred Two (102) North of Range Twenty-four (24) West of the Fifth Principal Meridian, Foster Township, Faribault County, and the State of Minnesota.

All persons interested are invited to attend said hearing and be heard on this matter.

Loria Rebuffoni

Faribault County Planning

& Zoning Administrator

Oct. 28, 2019

_____________________________

NOTICE OF PUBLIC HEARING

Notice is hereby given that The Faribault County Planning Commission will hold a Public Hearing on Tuesday, November 12th at 7:00 p.m. in the Conference Room of the Blue Earth Ag Center, Blue Earth, Minnesota, to consider amendments to Zoning Ordinance Section 35 Renewable Energy Ordinance that would establish setbacks and other performance standards for solar facilities.

It is the purpose of this Renewable Energy Ordinance to set forth a process to allow for the permitting of Renewable Energy Systems, while continuing to assure the health, safety and general welfare of the citizens of Faribault County.

All interested parties are invited to attend.

Loria Rebuffoni

Faribault County Planning

& Zoning Administrator

Oct. 28, 2019

_____________________________

ORDINANCE NO. 2019-10

CITY OF BLUE EARTH

AN ORDINANCE RELATING TO THE KEEPING OF

CHICKENS IN THE

CITY OF BLUE EARTH

The City Council of the City of Blue Earth does ordain:

SECTION I.

That a new Subsection 360.15 of the Blue Earth City Code is hereby adopted, stating the following:

360.15 Urban Chickens.

Subd. 1. Definitions.

A. Brooding means the period of chicken growth when supplemental heat must be provided, due to the bird's inability to generate enough body heat.

B. Chicken means a domesticated bird that serves as a source of eggs or meat.

C. Coop means the structure for the keeping or housing of chickens permitted by the subsection.

D. Exercise yard means a larger fenced area that provides space for exercise and foraging for the birds when supervised.

E. Hen means a female chicken.

F. Officer means any person designated by the city as an enforcement officer.

G. Poultry means domesticated birds that serve as a source of eggs or meat and that include among commercially important kinds, chickens, turkeys, ducks, geese, peafowl, pigeons, pheasants and others.

H. Rooster means a male chicken.

I. Run means a fully enclosed and covered area attached to a coop where the chickens can roam unsupervised.

Subd. 2. Investigation and Enforcement. Officers designated by the City Council shall have authority in the investigation and enforcement this subsection, and no person shall interfere with, hinder or molest any such officer in the exercise of such powers. The officer shall make investigations as is necessary and may grant, deny or refuse to renew any application for permit, or terminate an existing permit under this article.

Limitations for each single dwelling residential unit:

(A) No more than five (5) chicken hens shall be housed or kept on any one (1) residential lot in any area of the city with a permit as outlined below.

(B) Roosters are prohibited.

(C) Slaughtering of chickens in the City limits is prohibited except at a licensed processing facility.

(D) Leg banding of all chickens is required. The bands must identify the owner and the owner's address and telephone number.

(E) A separate coop is required to house the chickens. Coops must be constructed and maintained to meet the following minimum standards:

1. Located in the rear or side yard.

2. Setback at least five (5) feet from the rear or side property lines.

3. Interior floor space four (4) square feet per bird.

4. Interior height four (4) to six (6) feet to allow access for cleaning and maintenance.

5. Doors one (1) standard door to allow humans to access the coop and one (1) for birds (if above ground level, must also provide a stable ramp).

6. Windows one (1) square foot window per ten (10) square feet floor space. Windows must be able to open for ventilation.

7. Climate control adequate ventilation and/or insulation to maintain the coop temperature between 32-85 degrees Fahrenheit.

8. Nest boxes one (1) box per every three (3) hens.

9. Roosts one and one-half (1 1/2 ) inch diameter or greater, located eighteen (18)

inches from the wall and two (2) to three (3) inches above the floor.

10. Rodent proof coop construction and materials must be adequate to prevent access by rodents.

11. Coops shall be constructed and maintained in a workmanlike manner.

(F) A run or exercise yard is required.

1. Runs must be constructed and maintained to meet the following minimum standards:

(a) Location: rear or side yard.

(b) Size: Ten (10) square feet per bird, if access to a fenced exercise yard is also available; sixteen (16) square feet per bird, if access to an exercise yard is not available. If the coop is elevated two (2) feet so the hens can access the space beneath, that area may count as a portion of the minimum run footprint.

(c) Height: Four (4) to Six (6) feet in height to allow access for cleaning and maintenance.

(d) Gate: One gate to allow human access to the run. (e) Cover: Adequate to keep hens in and predators out.

(f) Substrate: Composed of material that can be easily raked or regularly replace to reduce odor and flies.

2. Exercise yards must be fenced and is required if the run does not provide at least (16) sixteen square feet per bird. Exercise yards must provide a minimum of one-hundred seventy-four (174) square feet per chicken.

(G) Chickens must not be housed in a residential house or an attached or detached garage, except for brooding purposes only.

(H) All premises on which chicken hens are kept or maintained shall be kept clean from filth, garbage, and any substances which attract rodents. The coop and its surrounding must be cleaned frequently enough to control odor. Manure shall not be allowed to accumulate in a way that causes an unsanitary condition or causes odors detectible on another property. Failure to comply with these conditions may result in the officer removing chickens from the premises or revoking a chicken permit.

(I) All grain and food stored for the use of the hens on a premise with a chicken permit shall be kept in a rodent proof container.

(J) Chicken Hens shall not be kept in such a manner as to constitute a nuisance to the occupants of adjacent property.

(K) Dead chickens must be disposed of according to the Minnesota Board of Animal Health rules which require chicken carcasses to be disposed of as soon as possible after death, usually within forty-eight (48) to seventy-two (72) hours. Legal forms of chicken carcass disposal include offsite burial, offsite incineration or rendering, or offsite composting.

Subd. 3. Permit Required. No person shall own, keep, harbor or have custody of any live chicken without first obtaining a permit in writing from the City. The City shall grant a permit for chicken hens after the applicant has sought the written consent of one hundred (100) percent of the owners or occupants of privately or publicly owned real estate that are located adjacent (i.e., sharing property lines) on the outer boundaries of the premises for which the permit is being requested, or in the alternative, proof that the applicant's property lines are one hundred fifty (150) feet or more from any house.

Where an adjacent property consists of a multiple dwelling or multi-tenant property, the applicant need obtain only the written consent of the owner or manager, or other person in charge of the building. Such written consent shall be required on the initial application and as often thereafter as the officer deems necessary.

Subd. 4. Application. Any person desiring a permit required under the provisions of this article shall make written application to the city administrator upon a form prescribed by and containing such information as required by the city administrator and officer. Among other things, the application shall contain the following information:

(A) A description of the real property upon which it is desired to keep the chickens.

(B) The breed and number of chickens to be maintained on the premises.

(C) A site plan of the property showing the location and size of the proposed chicken coop and run, setbacks from the chicken coop to property lines and surrounding buildings (including houses and buildings on adjacent lots), and the location, style, and height of fencing proposed to contain the chickens in a run or exercise area. Portable coops and cages are allowed, but portable locations must be included with the site plan.

(D) Statements that the applicant will at all times keep the chickens in accordance with all of the conditions prescribed by the officer, or modification thereof, and that failure to obey such conditions will constitute a violation of the provisions of this chapter and grounds for cancellation of the permit.

(E) Such other and further information as may be required by the officer.

Subd. 5. Permit Conditions.

(A) If granted, the permit shall be issued by the city administrator and officer and shall state the conditions, if any, imposed upon the permitted for the keeping of chickens under this permit.

(B) The permit shall specify the restrictions, limitations, conditions and prohibitions which the officer deems reasonably necessary to protect any person or neighboring use from unsanitary conditions, unreasonable noise or odors, or annoyance, or to protect the public health and safety. Such permit may be modified from time to time or revoked by the officer for failure to conform to such restrictions, limitations, prohibitions. Such modification or revocation shall be effective after ten (10) days following the mailing of written notice thereof by certified mail to the person or persons keeping or maintain such chickens.

(C) The granting of a permit under this Subsection does not entitle the permit holder to any other rights as may be granted to farmers or commercial entities relating to equipment used in the course of conducting animal husbandry business.

Subd. 6. Fees/Issuance. For each residential site the fee for a permit is as may be imposed, set, established and fixed by the City Council, by resolution, from time to time.

Subd. 7. Term. The permit period under this section shall expire one (1) year from the date the permit is issued. Permits must be renewed on an annual basis.

Subd. 8. Revocation. The city may revoke any permit issued under this ordinance if the person holding the permit refuses or fails to comply with this ordinance, with any regulations promulgated by the city council pursuant to this ordinance, or with any state or local law governing cruelty to animals or the keeping of animals. Any person whose permit is revoked shall, within ten (10) days thereafter, humanely dispose of all chickens being owned, kept or harbored by such person, and no part of the permit fee shall be refunded.

Subd. 9. Violations/Penalty.

(A) Any person violating any of the sections of this ordinance shall be deemed guilty of a petty misdemeanor.

(B) If any person is found guilty by a court for violation of this section, their permit to own, keep, harbor, or have custody of chickens shall be deemed automatically revoked and no new permit may be issued for a period of one (1) year.

(C) Any person violating any conditions of this permit shall reimburse the city for all costs borne by the city to enforce the conditions of the permit including but not limited to the pickup and impounding of chickens.

SECTION III.

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

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF BLUE EARTH ON THIS 21st DAY OF OCTOBER 2019.

BY: Richard Scholtes, Mayor

ATTEST: Timothy Ibisch,

City Administrator

Seal

Oct. 28, 2019

____________________________

CITY OF ELMORE

PUBLIC HEARING

YOU ARE HEREBY NOTIFIED that a Public Hearing will be held on Monday, November 18th, 2019 during the regular City Council meeting to discuss and hear comments regarding the Elmore Municipal Liquor Store operations. The meeting begins at 6:30 pm in the Council Room of the Municipal Building, 202 S. Hwy 169.

This notice is sent and published to provide you with the opportunity to state your opinion either in writing or in person should you desire to do so.

BY ORDER OF THE ELMORE CITY COUNCIL:

Dianne Nowak, City Clerk

Oct. 28, 2019

____________________________

CITY OF ELMORE

PUBLIC HEARING

A Public Hearing will be held during the regular November 18th, 2019 Elmore City Council Meeting to discuss and decide upon Ordinance No. 10.21.19 Regulating Special Vehicles (go-carts, etc.) Within the City of Elmore, Minnesota. The first reading by the Elmore City Council was the 21st day of October, 2019, with proposed adoption the 18th day of November 2019. A full copy of this proposed ordinance may be viewed at the City Clerk's Office, 202 S. Highway 169, Elmore, MN 56027.

BY ORDER OF THE ELMORE CITY COUNCIL:

Dianne Nowak, City Clerk

Oct. 28, 2019

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