ORD 24-16Ordinance 24 - 16
An Ordinance Amending Chapter, 38, Section 414 of the City of Elk
River, Minnesota, City Code
The City Council of the City of Elk River, Minnesota does hereby ordain as follows:
SECTION 1. That City of Elk River City Code Section 38-414. Restrictions. Shall be amended as
follows:
(d) For mobile food units.
(1) State license. Mobile food units shall hold a valid license from the State of Minnesota
Department of Health or Department of Agriculture. Any conditions of the State Health
Department shall be incorporated into the license issued under this section, in addition to
any other conditions by the City of Elk River.
(2) Insurance. A certificate of insurance that has been issued to the applicant by an insurance
company authorized to do business in the State of Minnesota verifying the applicant is
insured against claims arising out of all operations of such applicant under this chapter for
the sum of at least $1,000,000.00 against liability for bodily injuries and for at least
$1,000,000.00 against liability for damage or destruction of property. The city shall be
endorsed as an additional insured on the certificate of insurance on public property
including right-of-way. Certificate of insurance must contain a provision requiring at least
30 days' advanced written notice to the city, or ten days' written notice for non-payment
of premium notification be sent to the city should the policy be cancelled before its stated
expiration date.
(3) Hold harmless. A mobile food unit operating on city property, including public right-of-way,
must submit a signed statement that the licensee shall hold harmless the city and its
officers and employees, and shall defend and indemnify the city and its officers and
employees for any claims for damage to property or injury to persons which may be
occasioned by any activity carried on under the terms of the license.
(4) Duration of sales. A license shall be valid for one year but the mobile food unit can't operate
in, or in front of, the same location for more than 21 days each year within the City of Elk
River.
(5) Overnight storage. No overnight storage of a mobile food unit shall be permitted unless
approved by council.
(6) Signs. No signage shall violate the provisions of this Code relating to size and number of
business signs.
(7) Noise. No shouting, blowing a horn, ringing a bell, or use of any sound devices upon any
of the streets, alleys, parks, or other public places of the city or upon any private premises
in the city. Ice cream trucks traveling through a residential district may have outdoor
music or noise -making devices to announce their presence.
(8) Parking. Mobile food units must be located on an p�unro�=ed=ed surface. Approved
surfaces include: asphalt, concrete, and class 5 or crushed concrete compacted to a dust
free surface. A mobile food unit may not operate in a traffic lane, on a sidewalk, or in any
location which causes an obstruction of traffic, such as queuing of patrons or
advancement of vehicles. A mobile food unit may operate on eligible parking stalls in
public streets and occupy no more than fwff7three parking spaces. In the downtown
district no more than two oarkinn stalls can be occupied. No parking or sales shall take
place within 60 feet of an intersection of two or more streets or within 30 feet of a
driveway that enters a public street.
(9) Hours. Hours of operation shall be allowed from 8:00 a.m.to midnight, except in a
residential district in which sales shall be allowed from 8:00 a.m. to 1 l�7:00 p.m.
(10) Waste disposal. Mobile food units shall provide waste disposal and clean up all litter and
garbage generated by the mobile food unit before moving from the location.
(11) Self -containment. Mobile food units can='t connect to public utilities. Any generators must be
self-contained.
(12) Inspections. Mobile food units shall comply with all applicable fire codes and may be
inspected by a city fire official prior to operation.
(13) Locations. Mobile food units shall be allowed in public right-of-way not in a traffic lane,
only in zoning districts where retail sales are allowed as permitted or special uses under the
city's zoning code. Except that mobile food units may be located on privately owned
property in the commercial, industrial, and downtown zoning areas of the city with written
property owner permission and residential lots as exempted per section 383 (11).
In the downtown district ftffir�etwo mobile food units shall be permitted on public
property located ftt the designated, sigfted parkiftg fttea along King Avenue. Resetvfttiefis
ate fiat pet-mitted on King Avetitte Wheft the eit-y hosts eatteett ttightq ift Rivef's Edge Pat-Ift
unless attthofi�,,ed by eity eouneil. City eouneil enay furflaef ftttfhC)fiq!e fftabile food units
. Mobile food units are not
permitted on Main Street or hin Avenue in the downtown district unless the streets are
closed for a city event.
(14) City parks. Mobile food units are not allowed in city parks unless they get written
permission of the city administrator or their designee. Except
that parks with concession stands also require the written consent of the concession
operator for their specific event.
(15) [Seating] Mobile food units may not provide external seating unless located in an industrial
zoning district.
(16) [Ice cream trucks.] Ice cream trucks are allowed to operate within the public right-of-way in
residential districts.
(17) [Prohibitions.] Mobile food units are prohibited from vending activities within 500 feet of
an event for which the city has issued a special event permit, unless they are specifically
authorized by the event organizer to participate in the event.
SECTION 2. That this ordinance shall take effect upon adoption and be published as provided by
law.
Passed and adopted by the City Council of the City of Elk River this Vt day of July 2024.
ATTEST:
Tina Allard, City Clerk
U
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA )Ss
COUNTY OF SHERBURNE
I do solemly swear that the notice, as per the
proof, was published in the edition of the
Star News
with the known office of issue being located
in the county of:
SHERBURNE
with additional circulation in the counties of:
WRIGHT
and has full knowledge of the facts stated
below:
(A) The newspaper has complied with all of
the requirements constituting qualifica-
tion as a qualified newspaper as provided
by Minn. Stat. §331A.02.
(B) This Public Notice was printed and pub-
lished in said newspaper(s) once each
week, for 1 successive week(s); the first
insertion being on 07/20/2024 and the last
insertion being on 07/20/2024.
MORTGAGE FORECLOSURE NOTICES
Pursuant to Minnesota Stat. §580.033
relating to the publication of mortgage
foreclosure notices: The newspaper complies
with the conditions described in §580.033,
subd. 1, clause (1) or (2). If the newspaper's
known office of issue is located in a county
adjoining the county where the mortgaged
premises or some part of the mortgaged
premises described in the notice are located,
a substantial portion of the newspaper's
circulation is in the latter county.
t
By:
Designated Agent
Subscribed and sworn to or affirmed before
me on 07/20/2024
Notary Public
�.fo
4;eesr�rA b8r18f18•]IllArle MSCPI19rS0
?° Not public
�i
Minnesota
My Commission Expires 1131@029
Rate Information:
(1) Lowest classified rate paid by commercial users
for comparable space:
$999.99 per column inch
Ad ID 1409793
CITY OF ELK RIVER
ORDINANCE 24-16
AN ORDINANCE
AMENDING CHAPTER, 38,
SECTION 414 OF THE
CITY OF ELK RIVER,
MINNESOTA, CITY CODE
The City Council of the City of
Elk River, Minnesota does hereby
ordain as follows:
SECTION 1. That City of Elk
River City Code Section 38-414.
Restrictions. Shall be amended as
follows:
(d) For mobile food units.
(1) State license. Mobile food
units shall hold a valid license from
the State of Minnesota Department
of Health or Department ofAgricul-
ture. Any conditions of the State
Health Department shall be incor-
porated into the license issued un-
der this section, in addition to any
other conditions by the City of Elk
River.
(2) Insurance. A certificate of
insurance that has been issued to
the applicant by an insurance com-
pany authorized to do business in
the State of Minnesota verifying the
applicant is insured against claims
arising out of all operations of such
applicant under this chapter for
the sum of at least $1,000,000.00
against liability for bodily injuries
and for at least $1,000,000.00
against liability for damage or de-
struction of property. The city shall
be endorsed as an additional in-
sured on the certificate of insurance
on public property including right-
of-way. Certificate of insurance
must contain a provision requiring
at least 30 days' advanced writ-
ten notice to the city, or ten days'
written notice for non-payment of
premium notification be sent to the
city should the policy be cancelled
before its stated expiration date.
(3) Hold harmless. A mobile food
unit operating on city property, in-
cluding public right-of-way, must
submit a signed statement that the
licensee shall hold harmless the city
and its officers and employees, and
shall defend and indemnify the city
and its officers and employees for
any claims for damage to property
or injury to persons which may be
occasioned by any activity carried
on under the terms of the license.
(4) Duration of sales. A license
shall be valid for one year but the
mobile food unit can't operate in,
or in front of, the same location for
more than 21 days each year within
the City of Elk River.
(5) Overnight storage. No over-
night storage of a mobile food unit
shall be permitted unless approved
by council.
(6) Signs. No signage shall vi-
olate the provisions of this Code
relating to size and number of busi-
ness signs.
(7) Noise. No shouting, blow-
ing a horn, ringing a bell, or use
of any sound devices upon any of
the streets, alleys, parks, or other
public places of the city or upon
any private premises in the city.
Ice cream trucks traveling through
a residential district may have out-
door music or noise -making devic-
es to announce their presence.
(8) Parking. Mobile food units
must be located on an approved
surface. Approved surfaces in-
clude: asphalt, concrete, and class
5 or crushed concrete compact-
ed to a dust free surface. A mo-
bile food unit may not operate in
a traffic lane, on a sidewalk, or in
any location which causes an ob-
struction of traffic, such as queu-
ing of patrons or advancement of
vehicles. A mobile food unit may
operate on eligible parking stalls in
public streets and occupy no more
than three parking spaces. In the
downtown district no more than
two parking stalls can be occupied.
No parking or sales shall take place
within 60 feet of an intersection of
two or more streets or within 30
feet of a driveway that enters a
public street.
(9) Hours. Hours of operation
shall be allowed from 8:00 a.m.to
midnight, except in a residential
district in which sales shall be al-
lowed from 8:00 a.m. to 7:00 p.m.
(10) Waste disposal. Mobile food
units shall provide waste disposal
and clean up all litter and garbage
generated by the mobile food unit
before moving from the location.
(11) Self -containment. Mobile
food units can't connect to public
utilities. Any generators must be
self-contained.
(12) Inspections. Mobile food
units shall comply with all appli-
cable fire codes and may be in-
spected by a city fire official prior
to operation.
(13) Locations. Mobile food units
shall be allowed in public right-of-
way, not in a traffic lane, only in
zoning districts where retail sales
are allowed as permitted or special
uses under the city's zoning code.
Except that mobile food units may
be located on privately owned
property in the commercial, indus-
trial, and downtown zoning areas of
the city with written property owner
permission and residential lots as
exempted per section 383 (11).
In the downtown district two
mobile food units shall be per-
mitted on public property located
along King Avenue. Mobile food
units are not permitted on Main
Street or King Avenue in the down-
town district unless the streets are
closed for a city event.
(14) City parks. Mobile food units
are not allowed in city parks unless
they get written permission of the
city administrator or their designee.
Except that parks with concession
stands also require the written con-
sent of the concession operator for
their specific event.
(15) [Seating.] Mobile food units
may not provide external seating
unless located in an industrial zon-
ing district.
(16) [Ice cream trucks.] Ice
cream trucks are allowed to oper-
ate within the public right-of-way in
residential districts.
(17) [Prohibitions.] Mobile food
units are prohibited from vend-
ing activities within 500 feet of an
event for which the city has issued
a special event permit, unless they
are specifically authorized by the
event organizer to participate in the
event.
SECTION 2. That this ordinance
shall take effect upon adoption and
be published as provided by law.
Passed and adopted by the City
Council of the City of Elk River this
1Itday of July 2024.
John J. Dietz, Mayor
ATTEST:
Tina Allard, City Clerk
Published in the
Star News
July 20, 2024
1409793