Public notices

PUBLISH

(December 15, 2017)

LEGAL NOTICE

Request for Proposal

Region Nine Develop-

ment Commission

(RNDC) has initiated a

Request for Propasal

(RFP) process to iden-

tify a vender qualified

to update the City of

Madelia’s logo and

website as well as

create a promotional

video(s) for the com-

munity. RNDC requires

a vendor who has

demonstrated experi-

ence in managing web-

site and logo develop-

ment projects and ex-

pertise with best prac-

tices regarding suc-

cessful website design,

development and de-

ployment.

There are three goals

for this project: (1) Up-

date the city logo to

better reflect the com-

munity. (2) Redesign

the city’s website to

create a more efficient

user experience, be-

come more visually ap-

pealing, have better

search engine optimi-

zation and integrate

with social media plat-

forms. (3) Create an at-

tractive video(s) to pro-

mote the community.

The complete RFP is

available in electronic

format on the Region

Nine website at

www.rndc.org/rfp-

design Deadline for

submission of propo-

sals is 4:30 p.m. Cen-

tral Standard Time on

Monday, January 2,

2018.

PUBLISH

(December 15, 2017)

ORDINANCE NO.

17-021, FIFTH

SERIES

CITY OF NEW ULM,

BROWN COUNTY,

MINNESOTA

AN ORDINANCE

AMENDING SECTION

9.04 OF THE CITY

CODE OF THE CITY

OF NEW ULM RELA-

TIVE TO ZONING IN

SAID CITY.

BE IT ORDAINED BY

THE CITY COUNCIL

OF THE CITY OF

NEW ULM:

SECTION I. That the

zoning map referenced

in subdivision 2 of Sec-

tion 9.04 of the City

Code of the City of

New Ulm is hereby

amended as follows:

The

following-described

property, heretofore

zoned R-3 (Multiple

Family Residence Dis-

trict), is hereby

redesignated and re-

zoned to B-2 (Service

Business District):

That part of the

Northeast Quarter of

the Southeast Quarter

of Section 13, Town-

ship 110 North, Range

31 West, City of New

Ulm, Brown County,

Minnesota, described

as follows:

Beginning at the most

westerly corner of Lot

1, Block 1, DRECK-

MAN SUBDIVISION

according to the

recorded plat thereof;

thence South 34 de-

grees 24 minutes 26

seconds East on the

southwesterly line of

said Lot 1, a distance

of 338.09 feet; thence

South 55 degrees 44

minutes 09 seconds

West, a distance of

296.68 feet to the east

line of North Highland

Avenue, as dedicated

per the plat of NORTH

HIGHLAND AVENUE

SECOND ADDITION;

thence North 13 de-

grees 16 minutes 38

seconds West on said

east line, a distance of

81.70 feet; thence

Northerly 385.30 feet

on a tangential curve to

the right having a ra-

dius of 450.00 feet and

a central angel of 49

degrees 03 minutes 29

seconds to the point of

beginning

Parcel contains 1.53

acres of land.

SECTION II. That the

City Engineer is hereby

ordered to make the

necessary alterations

to the official map of

the City of New Ulm to

reflect these changes.

SECTION III. That this

ordinance shall take ef-

fect and shall be in

force 30 days from and

after its adoption, ap-

proval, and publication.

Adopted by the City

Council of the City of

New Ulm this 5th day

of December, 2017.

Charles Schmitz

President of the City

Council

Attest:

Nicole Jorgensen

Finance Director

Approved by the Mayor

of the City of New Ulm

this 5th day of De-

cember, 2017.

Robert Beussman

Mayor

PUBLISH

(December 15, 2017)

ORDINANCE NO.

17-022, FIFTH

SERIES

CITY OF NEW ULM,

BROWN COUNTY,

MINNESOTA

AN ORDINANCE

AMENDING THE CITY

CODE TO COMBINE

THE BOARD OF

ZONING ADJUST-

MENT WITH THE

PLANNING COMMIS-

SION

BE IT ORDAINED BY

THE CITY COUNCIL

OF THE CITY OF

NEW ULM:

SECTION I. That

Chapter Three of the

City Code of the City of

New Ulm is hereby

amended in its entirety

to read as follows:

Section 3.04. Board

of Appeals and Ad-

justments. Pursuant

to Minnesota Statutes,

section 462.354, a

Board of Appeals and

Adjustments is hereby

created and continued.

The city’s Planning

Commission shall

serve as the Board of

Appeals and Adjust-

ments for the city.

Subdivision. 1. Du-

ties. The Commission

shall have the following

duties:

A. The Commission

shall hear and make

recommendations with

respect to appeals

from any order, deci-

sion, or determination

made by an adminis-

trative officer in the en-

forcement of the Land

Use Regulation.

B. The Commission

shall hear requests for

variances from the

literal provisions of the

Land Use Regulation in

accordance with the

provisions of Minneso-

ta Statutes, section

462.357.

C. The Commission

shall hear appeals from

the denial of a building

permit for structures

within the limits of a

mapped street pur-

suant to Minnesota

Statutes, section

462.359.

D. The Commission

shall hear requests for

variances from the

literal provisions of the

Land Subdivision and

Platting Regulation in

accordance with the

provisions of section

10.10 of the City Code.

Section 3.09. Plan-

ning Commission.

Subdivision 1. Estab-

lishment and compo-

sition. A Planning

Commission is hereby

established. It shall be

composed of seven

appointed members.

The Planning Commis-

sion is hereby desig-

nated the planning

agency of the City of

New Ulm in accor-

dance with Minnesota

Statutes, Section

462.354.

Subd. 2. Duties. The

Planning Commission

shall serve as an ad-

visory body to the City

Council in matters

directing the future

physical development

of the City. The Plan-

ning Commission shall

conduct hearings and

make recommenda-

tions to the City Coun-

cil on all applications

for conditional use per-

mits, pursuant to the

provisions of section

9.82 of the City Code.

The Planning Commis-

sion shall, upon re-

quest of the City Coun-

cil, make studies, in-

vestigations, and

recommendations to

the City Council on

matters affecting zon-

ing, platting, and public

improvements. The

Planning Commission

shall adopt a plan and

map for future develop-

ment and land use,

and may, with the con-

sent of the City Coun-

cil, prepare a capital

improvements program

for the purpose of

determining priorities

and apportioning the

costs of scheduled

public improvements.

The Planning Commis-

sion shall have those

further powers and du-

ties assigned to it by

Minnesota Statutes,

sections 462.351 to

462.364 as amended

or replaced. The Plan-

ning Commission shall

further be vested with

such authority as is

hereinafter provided.

SECTION II. That

Chapter Nine of the

City Code of the City of

New Ulm is hereby

amended in its entirety

to read as follows:

Section 9.80. En-

forcement.

Subd. 4. Appeal. Any

person objecting to the

ruling of any official on

the administration of

the provisions of this

chapter shall have the

right to appeal to the

Planning Commission.

Section 9.81. Grant-

ing of variances and

adjustments.

Subd. 2. Hearing.

Upon receipt of an ap-

plication, the Zoning

Administrator shall set

a time and place for a

public hearing on such

application before the

Planning Commission.

At least 10 days before

the date of hearing, a

notice of the hearing

shall be published

once in the official

newspaper of the City.

The Planning Com-

mission shall conduct

such hearings, and

shall make recommen-

dations to the City

Council concerning re-

quested adjustments in

and exceptions to any

of the provisions of this

chapter to the extent of

the following and no

further:

Subd. 3. Findings.

The Planning Com-

mission shall not

recommend the grant-

ing of any application,

and the City Council

shall not grant any ap-

plication, unless the re-

quirements of Subdi-

vision 2(A) above and

the following factors

are determined to be

fulfilled. At the hearing,

the applicant shall

present a statement

and evidence in such

form as the Planning

Commission may re-

quire to show compli-

ance with these re-

quirements:

A. That there are spe-

cial circumstances or

conditions affecting the

land, building, or use

referred to in the appli-

cation that justify a

finding of practical diffi-

culties as such term is

defined above.

B. That the granting of

the application will not

have a material ad-

verse affect on the

health or safety of per-

sons residing or work-

ing in the area adjacent

to the property of the

applicant and will not

be materially detrimen-

tal to the public welfare

or injurious to property

or improvements in the

area adjacent to the

property of the appli-

cant.

The Planning Com-

mission may, in its dis-

cretion, continue a

hearing for the purpose

of making further in-

vestigation or obtaining

further information,

from the applicant or

otherwise.

Subd. 4. City Council

approval. In all cases

in which adjustments

or variances are either

recommended or op-

posed by the Planning

Commission, a report

of the Commission’s

determination shall be

made to the City Coun-

cil at its next regular

meeting. Notwith-

standing the recom-

mendation of or oppo-

sition to a permit by the

Planning Commission,

the City Council may

grant or deny such a

permit in conformance

with the requirements

of this section. The

City Council shall also

specify conditions that

are necessary to sub-

stantially secure the

objectives of the regu-

lation or provision to

which the adjustment

or variance is granted.

The City Council shall

require such evidence

and guarantees as it

may deem necessary

to insure compliance

with the conditions

designated in connec-

tion therewith.

SECTION III. That sec-

tion 10.10 of the City

Code of the City of

New Ulm is hereby

amended in its entirety

to read as follows:

Section 10.10. Vari-

ances. An application

for a variance to the re-

quirements of this

chapter may be sub-

mitted in writing to the

City Manager, stating

fully and clearly all

facts relied upon by the

applicant. The applica-

tion may be supple-

mented with maps,

plans, or other addi-

tional data that may aid

the Planning Commis-

sion in the analysis of

the proposed variance.

Overall plans for any

development shall be

included, with such

covenants, restrictions,

or other legal provi-

sions necessary. Such

application shall be

forthwith transmitted to

the Planning Commis-

sion for consideration

and recommendation

to the City Council in

accordance with the

standards and pro-

cedures set forth in

subdivisions 2 through

4 of section 9.81 of the

City Code.

SECTION IV. That

Chapter Twelve of the

City Code of the City of

New Ulm is hereby

amended in its entirety

to read as follows:

Section 12.05. Flood

Fringe District.

Subd. 5. Standards for

all Flood Fringe uses.

A. All new principal

structures must have

vehicular access at or

above an elevation not

more than two feet

below the regulatory

flood protection eleva-

tion. If a variance to

this requirement is

granted, the Planning

Commission must

specify limitations on

the period of use or oc-

cupancy of the struc-

ture for times of flood-

ing, and only after

determining that ade-

quate flood warning

time and local flood

emergency response

procedures exist.

Section 12.10. Ad-

ministration.

Subd. 3. Planning

Commission.

A. Rules. The Planning

Commission shall fol-

low the rules for the

conduct of business

set forth in section 3.04

and 3.09 of the City

Code, and may exer-

cise all of the powers

conferred on planning

commissions by state

law.

B. Administrative re-

view. The Commission

shall hear and decide

appeals where it is al-

leged there is error in

any order, requirement,

decision, or determi-

nation made by an ad-

ministrative official in

the enforcement or ad-

ministration of this

chapter.

C. Variances. In ac-

cordance with section

9.81 of the City Code,

the Commission may

recommend to the City

Council such relief or

variance from the

terms of this chapter as

will not be contrary to

the public interest, and

only for those cir-

cumstances such as

hardship, practical diffi-

culties, or cir-

cumstances unique to

the property under con-

sideration. When

recommending the

granting of such vari-

ance, the Commission

shall clearly identify in

writing the specific

conditions that existed,

consistent with the cri-

teria specified in this

chapter, any other zon-

ing regulations of the

City, and in the respec-

tive enabling legislation

that justified the grant-

ing of the variance. No

variance shall have the

effect of allowing in any

district uses prohibited

in that district, permit a

lower degree of flood

protection than the re-

gulatory flood protec-

tion elevation for the

particular area, or per-

mit standards lower

than those required by

state law. The follow-

ing additional variance

criteria of the Federal

Emergency Manage-

ment Agency must be

satisfied:

D. Hearings. Upon fil-

ing with the Planning

Commission of an ap-

peal from a decision of

the Zoning Administra-

tor, or an application

for a variance, the

Commission shall fix a

reasonable time for a

hearing and give due

notice to the parties in

interest as specified by

law. Hearings shall be

conducted in accor-

dance with section

9.81, subdivision 2 of

the City Code. The

Commission shall sub-

mit by mail to the Com-

missioner of Natural

Resources a copy of

the application for pro-

posed variances suffi-

ciently in advance so

that the commissioner

will receive at least 10

days’ notice of the

hearing.

E. Decisions. The

Planning Commission

shall arrive at a deci-

sion on such appeal or

variance within fifteen

days of the hearing

thereon. In passing

upon an appeal, the

Commission may, so

long as such action is

in conformity with the

provisions of this

chapter, reverse or af-

firm, wholly or in part,

or modify the order, re-

quirement, decision, or

determination of the

Zoning Administrator

or other public official.

It shall make its deci-

sion in writing, setting

forth the findings of fact

and the reasons for its

decisions. In recom-

mending the granting

of a variance, the Com-

mission may prescribe

appropriate conditions

and safeguards such

as those specified in

section 12.10, subdivi-

sion 4(F), which are in

conformity with the

purposes of this

chapter. Violations of

such conditions and

safeguards, when

made a part of the

terms under which the

variance is granted,

shall be deemed a vio-

lation of this chapter

punishable under sec-

tion 12.12. A copy of all

decisions granting vari-

ances shall be for-

warded by mail to the

Commissioner of Na-

tural Resources within

10 days of such action.

F. Appeals. Appeals

from any decision of

the Planning Commis-

sion may be made as

provided in the City

Charter, other chapters

of the City Code, or

Minnesota Statutes.

SECTION V. That this

ordinance shall take ef-

fect and shall be in

force 30 days from and

after its adoption, ap-

proval, and publication.

Adopted by the City

Council of the City of

New Ulm this 5th day

of December, 2017.

Charles Schmitz

President of the City

Council

Attest:

Nicole Jorgensen

Finance Director

Approved by the Mayor

of the City of New Ulm

this 5th day of De-

cember, 2017.

Robert Beussman

Mayor

PUBLISH

(December 15, 22,

2017)

STATE OF

MINNESOTA

COUNTY OF BROWN

FIFTH JUDICIAL

DISTRICT DISTRICT

COURT PROBATE

DIVISION

Court File No.

08-PR-17-1309

Estate of Beverly Alt-

mann, Decedent

NOTICE AND ORDER

OF HEARING ON

PETITION FOR PRO-

BATE OF WILL AND

APPOINTMENT OF

PERSONAL

REPRESENTATIVE

AND NOTICE TO

CREDITORS

It is Ordered and No-

tice is given that on

01/08/18, at 1:45 p.m.,

a hearing will be held

in this Court at 14

South State Street,

New Ulm, Minnesota,

for the formal probate

of an instrument pur-

porting to be the Will of

the Decedent dated,

February 23, 1989, and

a codicil to the will, dat-

ed July 3, 1997,

(“Will”), and for the ap-

pointment of Timothy

Altmann, whose ad-

dress is 19223 County

Road 8, Sleepy Eye,

MN 56085 and Lisa

Hillmann, whose ad-

dress is 421 Walnut St

SW, Sleepy Eye, MN

56085 as Personal

Representatives of the

Estate of the Decedent

in an UNSUPER-

VISED administration.

Any objections to the

petition must be filed

with the Court prior to

or raised at the hear-

ing. If proper and if no

objections are filed or

raised, the Personal

Representatives will be

appointed with full

power to administer the

Estate including the

power to collect all as-

sets, to pay all legal

debts, claims, taxes

and expenses, to sell

real and personal pro-

perty, and to do all

necessary acts for the

Estate.

Notice is also given

that (subject to Min-

nesota Statutes section

524.3-801) all creditors

having claims against

the Estate are required

to present the claims to

the Personal

Representative or to

the Court Administrator

within four months after

the date of this Notice

or the claims will be

barred.

BY THE COURT

Dated: 12/12/2017

/s/ Allison L. Krehbiel

Judge of District Court

Dated: 12/12/2017

Ashley Olson

Court Administraotr /

Deputy

Attorney for Petitioner

Ryan D. Christian

The Legal Profession-

als, PA

106 1/2 N Minnesota

St

New Ulm, MN, 56073

Attorney License No:

0390002

Telephone: (507)

354-2161

FAX: (507) 354-2160

Email: ryanc@thelegal

professionals.com

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