Public Notices 1-5-06-B

Official Proceedings . . .City of New Prague

CITY COUNCIL PROCEEDINGS

State of Minnesota, Counties of Scott and le Sueur

CITY COUNCIL MEETING

MONDAY, december 5, 2005

Vice Chairperson Wilcox called the meeting to order with the following members present: Wilcox, Kratochvil, Jirik, Babione. Absent: Sindelar

Mr. Duane Wermerskirchen reviewed with the Council preliminary plans for the remodel and renovation of the Golf Club House. Mr. Ken Norland and Mr. Jim Morris reviewed finance plan for Club House renovation.

Motion Babione, Second Kratochvil.

Authorize the advertisement for bids for renovation and remodel of Golf Club House.

Motion carried.

Motion Jirik, Second Babione.

Approve JOINT POWERS AGREEMENT FOR PUBLIC SAFETY COMMUNICATIONS AND INFORMATION SYSTEM between Scott County Cities and Scott County.

Motion carried.

Council Member Babione offered the following Resolution and moved for its adoption.

RESOLUTION #05-12-05-01

RESOLUTION ACCEPTING PROJECT

WHEREAS, pursuant to the development agreement dated July 13, 2004, Geiger Land Development, Inc. has satisfactorily completed the improvement to Prague Estates Eighth Addition in accordance with such development agreement; and,

WHEREAS, City staff has inspected said improvements and recommends acceptance of all improvements; and,

WHEREAS, necessary warranties are in place.

NOW THEREFORE BE IT RESOLVED, by the City Council of the City of New Prague that all improvements, constructed and completed by Geiger Land Development, Inc. for Prague Estates Eighth Addition are hereby accepted and approved.

Council Member Jirik seconded said Resolution and upon roll call the following vote was recorded.

AYES NAYES

Sindelar Absent Absent

Babione X

Jirik X

Kratochvil X

Wilcox X

Thereupon Vice Chair Wilcox declared said resolution adopted this 5th day of December, 2005.

Kay Wilcox, Vice Chair

ATTEST:

Jerry Bohnsack, City Administrator

Motion Kratochvil, Second Babione.

Approve 2nd reading of Ordinance Amending Chapter 73 of New Prague City Code. SNOWMOBILES AND ALL TERRAIN VEHICLES.

Motion carried.

Council Member Kratochvil offered the following Resolution and moved for its adoption.

RESOLUTION #05-12-05-02

ORDINANCE #209

ORDINANCE AMENDING CHAPTER 73 OF NEW PRAGUE CITY CODE

SNOWMOBILES AND ALL TERRAIN VEHICLES

CHAPTER 73: SNOWMOBILES AND ALL-TERRAIN VEHICLES

Section

73.01 Regulation

73.02 State snowmobile and ATV laws and statutes adopted

73.03 Prohibited operations

73.04 Direct crossings

73.05 Exceptions to prohibited use of roadways

73.06 Hours of operation

73.07 Required equipment

73.08 Unattended snowmobiles/ATV’s

73.09 Minimum age of operator

73.01 REGULATION – is amended to read.

The use and operation of certain vehicles, commonly called; Snowmobiles, meaning a self-propelled vehicle designed for travel on snow or ice steered by skis or runners;

All-terrain vehicle or ATV means a motorized flotation-tired vehicle of not less than three low pressure tires, but not more than six tires, that is limited in engine displacement of less than 800 cubic centimeters and total dry weight less than 900 pounds, and also, off-highway motorcycles (licensed for highway use) amphibious vehicles and similar devices other than snowmobiles used at least partially for travel on natural terrain but not special mobile equipment defined in Minnesota Statutes, Section 168.011 Subdivision 22, which is hereby incorporated herein by reference.

Within the city limits is hereby regulated as set forth in this part.

73.02 STATE SNOWMOBILE AND ALL-TERRAIN VEHICLE LAWS AND STATUTES ADOPTED. Is amended to read:

The state snowmobile laws, M.S. 84.81 through 84.915, as they may be amended from time to time, and the game laws relating to the use of snowmobiles, M.S. 100.26 and 100.29, as they may be amended from time to time; Minn. Rules Parts 6100.5000 to 6100.5800, as they may be amended from time to time, are hereby adopted and made part of this chapter by reference.

The state all-terrain vehicle, M.S. 84.92 through 84.929, as they may be amended from time to time, and the game laws relating to the use of all-terrain vehicles, M.S. 100.26 and 100.29, as they may be amended from time to time; Minn. Rules Parts 6100.5000 to 6100.5800, as they may be amended from time to time, are hereby adopted and made part of this chapter by reference.

73.03 PROHIBITED OPERATIONS. Is amended to read:

It shall be unlawful and punishable for any person to operate a snowmobile or all-terrain vehicle within the city limits in violation of the following restrictions:

(A) On private property without the permission or consent of the owner or occupant;

(B) On the boulevard of any public street;

(C) On a sidewalk, except that a direct crossing may be made in the same manner as provided for direct crossing of a city street;

(D) At a rate of speed in excess of 15 miles per hour;

(E) Other than single file on a roadway;

(F) Other than at the extreme right-hand side of a roadway along the curb;

(G) On publicly owned land including school land, park property, playgrounds, golf courses and cemeteries;

(H) Within 100 feet of any church property, nursing home, hospital, skating rink or sliding area, or in any other area where the operation would conflict or interfere with normal use of the property or would endanger persons or property;

(I) To tow any person or object except through use of a rigid tow bar attached to the rear of the snowmobile or all-terrain vehicle;

(J) To intentionally drive, chase, run over or kill any animal with a snowmobile or all-terrain vehicle;

(K) To operate an ATV on a public street without a valid driver’s license.

(L) It is unlawful for the owner of a snowmobile or an ATV to permit the snowmobile or ATV to be operated contrary to the provisions of this section.

73.04 DIRECT CROSSINGS. Is amended to read:

It is unlawful to operate a snowmobile or all-terrain vehicle upon a roadway except to make a direct crossing, and only as follows:

(A) The crossing is made at an angle of approximately 90 degrees to the direction of the highway and at a place where no obstruction prevents a quick and safe crossing.

(B) The snowmobile or ATV is brought to a complete stop before crossing the shoulder or main traveled way of the highway.

(C) The driver yields the right-of-way to all oncoming traffic which constitutes an immediate hazard.

(D) In crossing a divided highway, the crossing is made only at an intersection of the highway with another public street.

73.05 EXCEPTIONS TO PROHIBITED USE OF ROADWAYS. Is amended to read:

Notwithstanding the prohibition of operating a snowmobile upon a roadway to the contrary, the operation is hereby permitted only as follows:

(A) From the owner’s residence or place the snowmobile or ATV is generally stored, in a direct route to and from a place of destination, provided the place of destination is a place that the snowmobile or ATV may be lawfully operated.

(B) In an emergency during the period of time when and at locations where snow upon the roadway renders travel by automobile impractical.

73.06 HOURS OF OPERATION. Is amended to read:

It is unlawful to operate a snowmobile or ATV within the city from 10:00 p.m. to 7:00 a.m. for any purpose other than in going to or returning from an evening ride, except in an emergency as defined in 73.05(B).

73.07 REQUIRED EQUIPMENT. Is amended to read:

(A) For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.

SAFETY OR DEADMAN THROTTLE. A device which, when pressure is removed from the engine accelerator or throttle, causes the motor to be disengaged from the driving mechanism.

(B) It is unlawful for any person to operate a snowmobile or ATV unless it is equipped with the following:

(1) Standard mufflers which are properly attached and which reduce the noise of operation of the motor to the minimum necessary for operation. No person shall use a muffler cut out, bypass, straight pipe or similar device on a snowmobile or ATV motor;

(2) Brakes adequate to control the movement of and to stop and hold the snowmobile or ATV under any condition of operation;

(3) A safety or so-called deadman throttle in operating condition;

(4) When operated between the hours of one-half hour after sunset to one-half hour before sunrise, or at times of reduced visibility, at least one clear lamp attached to the front, with sufficient intensity to reveal persons and vehicles at a distance of at least 100 feet ahead during the hours of darkness under normal atmospheric conditions. The headlamp shall be so aimed that glaring rays are not projected into the eyes of an oncoming snowmobile or ATV operator. It shall also be equipped with at least one red tail lamp having a minimum candle power of sufficient intensity to exhibit a red light plainly visible from a distance of 500 feet to the rear during hours of darkness under normal atmospheric conditions;

(5) Reflective materials at least 16 square inches on each side, forward of the handlebars, or steering device of a snowmobile or ATV and at the highest practical point on any towed object, so as to reflect light at a 90 degree.

73.08 UNATTENDED SNOWMOBILES OR ATV. Is amended to read:

Every person leaving a snowmobile or ATV unattended shall lock the ignition and remove the key from the ignition and take the keys with them.

73.09 MINIMUM AGE OF OPERATOR.

No person under the age of fourteen years shall operate a snowmobile on any public land in the city. A person 14 years of age or older, but less than 18 years of age, may operate a snowmobile on streets and highways as permitted under this chapter, and make a direct crossing of streets and highways only if he or she has in his or her immediate possession a valid snowmobile safety certificate issued by the Commissioner, and then only for purposes of travel between his or her home, or the home location of the snowmobile, and a point outside the city. This travel must be accomplished by the shortest distance, taking the most direct route while complying with applicable laws.

Council Member Babione seconded said Resolution and upon roll call the following vote was recorded.

AYES NAYES

Sindelar Absent Absent

Babione X

Jirik X

Kratochvil X

Wilcox X

Thereupon Vice Chair Wilcox declared said resolution adopted this 5th day of December, 2005.

Kay Wilcox, Vice Chair

ATTEST:

Jerry Bohnsack, City Administrator

City Administrator reviewed with the Council proposed 2006 General Fund and Tax Supported Budget.

Motion Babione, Second Jirik.

Approve the following consent agenda items:

a. Approve previous meeting minutes.

b. Approve claims for payment.

Motion carried.

There being no further business, the meeting was adjourned.

Jerry Bohnsack

City Administrator

(Published in The New Prague Times, Thursday, January 5, 2006; No. T732-1-05)

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PUBLIC NOTICE

notice of filing

Pursuant to the Articles of Incorporation and ByLaws of the New Prague-Ceska-Louisville Mutual Insurance Company, New Prague, MN, we will be accepting nominations from now until January 18, 2006 for the positions of three (3) directors for three (3) year terms.

Nominations for this position in the form of a written letter will be accepted at the home office of New Prague-Ceske, Louisville Mutual Insurance Company, 205 County Road 37, New Prague, MN 56071.

(Published in The New Prague Times, Thursdays, January 5 and 12, 2006; No. T733-1-12)

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public NOTICE

notice of sale of unpaid storage

In accordance with the provisions of the State of MN Statutes Sections 514.970-514.979, 336.7-209 and 336.7-210, enforcement of storage lien.

notice is hereby given that the contents of the following storage units will be offered for public sale, 1/28/05. Unit 40, 10x20, Clayton Kukacka, Prior Lake. The unit contains various household items.

(Published in The New Prague Times, Thursdays, January 5 and 12, 2006; No. T734-1-12)

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Suel Printing Company

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New Prague, MN 56071

Phone: 952-758-4435
Fax: 952-758-4135

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