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Delano Herald Journal Notices
New public notices published in the issue of April 27, 2009
MINUTES
CITY OF DELANO
City Council/Economic Development Authority
Tuesday, April 7, 2009
7:00 PM
1. CALL TO ORDER
Council Member Hotchkiss called the regular meeting of the Delano City Council/Economic Development Authority of Tuesday, April 7, 2009 to order at 7:00 PM.
PLEDGE OF ALLEGIANCE
2. ROLL CALL AND APPROVAL OF AGENDA
Members Present: Brad Hotchkiss, Council Member; Larry Bartels, Council Member; Betsy Stolfa, Council Member.
Members Absent: Joe McDonald, Mayor; Holly Schrupp, Council Member.
Also Present: Phil Kern, City Administrator; Marlene Kittock, City Clerk/AV Technician; Bob VanLith, Fire Chief; Paula Bauman, Recorder.
Phil Kern requested the addition of 13A: Discuss purchase agreement with Leland and Sons Auto Sales. Council approved – no motion made.
3. MINUTES
A. Minutes of the Regular City Council/Economic Development Authority meeting of Tuesday, March 17, 2009.
Motion Number (M-09-109) Motion by Betsy Stolfa, seconded by Larry Bartels to approve the Minutes of the Regular City Council/Economic Development Authority meeting of Tuesday, March 17, 2009 as submitted. Motion Carried.
5. CONSENT ITEMS
EDA:
A. Adopt Resolution EDA-09-03 approving the acceptance of the 2009 American Recovery and Reinvestment Act (ARRA) Assistance Grant.
City:
B. Review the City of Delano Expenditure Report and the Liquor Store Income Statement for the Quarter ended December 31, 2008.
Motion Number (M-09-110) Motion by Betsy Stolfa, seconded by Larry Bartels to approve Consent Items A and B as submitted. Motion Carried 3-0 by Roll Call Vote.
6. CITY STRATEGY NO. 1: Provide high quality infrastructure and services in a planned fiscally responsible manner.
A. Update on Highway 12 Construction Project.
Phil Kern updated Council on the 2009 Highway 12 reconstruction project stating the project involves two components. The first component, which started construction in March, is the Railroad Bridge replacement. The bridge replacement will continue into early June. Staff would like to alert people that on Monday, April 20th, Highway 12 between Bridge Avenue and the railroad bridge will be closed, and it is intended to stay closed until the end of May. During this highway closure the bridge construction will be completed. The assigned detour during this time for travelers heading east from Montrose will be required to follow Highway 25 to County Road 30. Staff has posted detour maps on the City website and pamphlets are also available at City Hall and businesses throughout town with the current detour information.
Kern stated the second phase of reconstruction will take place July through October, 2009. The reconstruction project will include along Highway 12 from the railroad bridge to the American Legion and along Bridge Avenue – up to but not including the river bridge on Bridge Avenue. Kern reviewed the reconstruction plans of Bridge Avenue stating temporary and permanent easements will be required from corresponding property owners due to the expanding of sidewalks and scope of work. Kern reviewed the easements received and stated the Legion has also signed the exchanging of land rights near the intersection of Hwy 12 and Bridge Avenue. That purchase agreement will be brought to Council in the near future. The easement in front of the Xcel Energy building has not been agreed upon and Staff will continue to work with the property owner.
Staff is requesting approval of the Resolution which will authorize MnDOT the easements required from City property to continue with the project.
1. Approve Resolution R-09-11 authorizing MnDOT use of City property for the Bridge Avenue project.
Motion Number (M-09-111) Motion by Larry Bartels, seconded by Betsy Stolfa to adopt Resolution R-09-11 authorizing MnDOT use of City property for the Bridge Avenue project. Motion Carried 3-0 by Roll Call Vote.
B. Discuss CERTS volunteer policy and expectations.
Bob VanLith stated he has put the CERTS manual together and e-mailed it out to Council on Monday. This manual will be a management tool for new members. Staff would like this approved to move forward. As Staff and Council feel it may be necessary, the manual can be amended at any time.
Motion Number (M-09-112) Motion by Brad Hotchkiss to approve the CERTS volunteer policy and manual. Motion failed due to lack of second.
Larry Bartels and Betsy Stolfa stated they had not received the manual by e-mail and are not able to approve. Van Lith stated the kick off meeting for CERTS program is on Wednesday, April 15; Staff can start the training process and post-pone the approval of the manual until the next City Council meeting.
8. CITY STRATEGY No. 3: Manage high quality growth consistent with the City’s Comprehensive Plan.
A. Consider Resolution R-09-12 adopting infrastructure fee policy for industrial expansion.
Kern stated Delano has significant infrastructure fees, which is due to the improvements made to the infrastructure and stated it is not a profit source. The City needs to collect enough fees to make payments on its debts and keep its infrastructure in good, working condition. The policy in front of Council is for industrial expansion only and discussed the background of the request. Kern stated the rationale for modifying the policy isn’t something new and provided the basis for public subsidy in the past. The City has effectively used a number of funding mechanisms to encourage economic development successfully. Kern discussed the use of TIF and stated in some instances; TIF cannot provide adequate assistance, particularly on smaller jobs.
Staff is recommending adoption of a policy that would reduce infrastructure fees by 50% for industrial expansions, provided certain conditions are met. Those conditions are: 1. The proposed construction meets the City’s architectural and site building requirements. 2. The City has investigated tax increment financing, tax abatement, and other subsidy opportunities and determines that they are not feasible for the specific project.
The Delano Water, Light and Power Commission discussed this policy on Monday night; and Kern felt they were in favor of such policy and will act on this in two weeks.
Staff would recommend the Council adopt the policy and request DMU adopt the same policy relative to the 50% reduction in established fees, with the stated conditions.
Motion Number (M-09-113) Motion by Betsy Stolfa, seconded by Brad Hotchkiss to adopt Resolution R-09-12 adopting infrastructure fee policy for industrial expansion. Motion Carried 3-0 by Roll Call Vote.
12. CITY STRATEGY No. 7: Encourage communication and ideas with residents and business owners.
A. Minutes of the Delano Water, Light and Power Commission meeting from February 19, 2009.
No discussion or motion made.
B. Minutes of the Delano Water, Light and Power Commission joint meeting from March 2, 2009.
No discussion or motion made.
C. Minutes of the Park and Recreation Committee meeting from March 10, 2009.
No discussion or motion made.
13. OTHER BUSINESS
A. Discuss purchase agreement with Leland and Sons Auto Sales.
Kern stated Staff was informed of an error on the purchase agreement for Leland and Sons Auto Sales that had been approved at a previous meeting. The approved agreement states the buyer, along with the seller, will pay closing costs. In all prior agreements for this project the City has paid all closing costs involved. Staff is requesting approval of the amended agreement where the seller pays no closing costs.
Betsy Stolfa questioned if the grant covers closing costs. Kern stated it does and is consistent with the other agreements.
Motion Number (M-09-114) Motion by Betsy Stolfa, seconded by Larry Bartels to approve the amended purchase agreement with Leland and Sons Auto Sales. Motion Carried.
14. COMMUNICATIONS AND ANNOUNCEMENTS
Council announced the Easter egg hunt at Central Park on Saturday held by the Knights of Columbus, an Easter egg hunt at Camp Induhapi and the Dream Team meeting at the Delano Middle School Media Center on Wednesday at 7PM.
15. CLAIMS
A. City Claims
Motion Number (M-09-115) Motion by Larry Bartels, seconded by Betsy Stolfa to approve the City Claims in the amount of $369,954.02. Motion Carried.
B. EDA Claims
Motion Number (M-09-116) Motion by Larry Bartels, seconded by Betsy Stolfa to approve the EDA Claims in the amount of $22,738.90. Motion Carried.
16. ADJOURNMENT
Motion Number (M-09-117) Motion by Betsy Stolfa, seconded by Larry Bartels to adjourn the regular meeting of the Delano City Council/Economic Development Authority of Tuesday, April 7, 2009. Motion Carried.
There being no further business to discuss the regular meeting of the Delano City Council/ Economic Development Authority of Tuesday, April 7, 2009 was adjourned at 7:40 PM.
Joe McDonald, Mayor
Marlene Kittock, City Clerk
ATTEST:
Paula Bauman, Recorder
Published in the Delano Herald Journal April 27, 2009.

SUMMARY MINUTES
CITY OF DELANO
SPECIAL WORKSHOP
City Council/Economic Development Authority
Tuesday, March 31, 2009
6:00 PM
1. CALL TO ORDER
Mayor Pro-tem, Holly Schrupp, called the Special Workshop of the Delano City Council/ Economic Development Authority of Tuesday, March 31, 2009 to order at 6:00 PM
2. ROLL CALL
Members Present: Holly Schrupp, Council Member/Mayor Pro-tem; Brad Hotchkiss, Council Member; Larry Bartels, Council Member; Betsy Stolfa, Council Member.
Members Absent: Joe McDonald, Mayor.
Also Present: Phil Kern, City Administrator; Ernie Eden, Public Works Director; Bob VanLith, Fire Chief; Luke Fischer, Asst. to the City Administrator; Paula Bauman, Recorder; Jeff Vanderlinde, Realtor, Remax.
3. SPECIAL ORDER OF BUSINESS
A. Discuss Rivertown Rowhome Sale.
Motion Number (M-09-102) Motion by Larry Bartels, seconded by Betsy Stolfa to enter into a closed session for the purpose of discussing the negotiation of sale price for the Rowhome located at 160 – 2nd Street North. Motion Carried.
Motion Number (M-09-103) Motion by Betsy Stolfa, seconded by Larry Bartels to exit out of closed session. Motion Carried.
B. Community Emergency Response Team (CERTS) Program Update.
Staff discussed the CERTS program and stating a procedural manual will be compiled and asked what Council’s expectations are of the program. Van Lith stated a policy will be written and given out at the next meeting for Council’s approval.
C. Discuss Pavement Management Plan.
Kern stated Staff is trying to reorganize and find a more efficient plan to rebuild sections and maintenance other sections; while planning for it better financially.
D. Consider approval of a Resolution and Ordinance regarding City Code Section 419.01.
Motion Number (M-09-104) Motion by Larry Bartels, seconded by Betsy Stolfa to adopt Resolution R-09-10 authorizing a study to determine risks, potential regulation and land use issues relating to pawnshops. Motion Carried 3-1 by Roll Call Vote with Brad Hotchkiss opposed.
Motion Number (M-09-105) Motion by Larry Bartels, seconded by Betsy Stolfa to adopt Ordinance O-09-04, an interim Ordinance, adopted pursuant to Minn. Stat. §462.355, Subd. 4, temporarily prohibiting pawnshops within the City of Delano. Motion Carried 3-1 by Roll Call Vote with Brad Hotchkiss opposed.
E. Discuss Infrastructure Fees.
Staff have initiated the process of reviewing the City’s policies related to infrastructure fees. Kern reviewed the following with Council: 1) the Infrastructure Fee Policy and the City’s method to calculate infrastructure fees 2) Review of past practices and the methods the City has used in the past 3) survey of comparable communities 4) electric capital recovery charge.
Staff is recommending that the Council adopt a policy reducing infrastructure fees for industrial expansions provided the project meets specified criteria. The criteria include requirements for building materials and job creation, along with an acknowledgement by the Council that no other methods of assistance are available.
F. Discuss Rivertown lease agreements.
Motion Number (M-09-106) Motion by Larry Bartels, seconded by Betsy Stolfa to renew Juke Box’s reduced rent lease agreement through August 31, 2009 with monthly financial updates discussed at Special Workshops. Motion Carried.
Motion Number (M-09-107) Motion by Larry Bartels, seconded by Betsy Stolfa to enter into Closed Session for the purpose of discussing the negotiation of sale price for the Rowhome located at 160 – 2nd Street North. Motion Carried.
Motion Number (M-09-108) Motion by Larry Bartels, seconded by Betsy Stolfa to exit out of close session.
4. ADJOURNMENT
Motion Number (M-09-109) Motion by Betsy Stolfa, seconded by Brad Hotchkiss to adjourn the special workshop of the Delano City Council/Economic Development Authority of Tuesday, March 31, 2009. Motion Carried.
Joe McDonald, Mayor
Marlene Kittock, City Clerk
ATTEST:
Paula Bauman, Recorder
Published in the Delano Herald Journal April 27, 2009.

CITY OF DELANO
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Delano Planning Commission will hold a Public Hearing in the Council Chambers at Delano City Hall, 234 2nd Street North, on Monday, May 11, 2009 at 7:00 PM or there soon after as the parties may be heard to consider a request from Laurence Rieder and Joan Apman Rieder to rezone their properties located at, 600 Buffalo Street and 540 Buffalo Street, from R-4 Single and Two Family Residential District to R-E Single Family Estate Residential District. Properties are legally described as follows:
107500111205
Property Address: 600 BUFFALO ST, DELANO
Sec/Twp/Rng: 11-118-025
Brief Tax Description: Sect-11 Twp-118 Range-025 UNPLATTED LAND .68 AC TH PT OF LT10 OF W1/2 OF NE1/4 &E1/2OF NW1/4 COM AT SW COR OF LT10 TH N24D15’W ALG CTRLN OF BUFFALO ST 421.46FT TO POB TH CONT N24D15’W ALG CTRLN 86.97 FT TH N71D59’E 220.23FT TO WLY R/W LN OF US HWY12 TH S38D53’E ALG WLY R/W LN 175.93FT TO S LN OF A TR DES IN BK185-524 TH S87D53’30”W ALG S LN284.34FT TO POB
107500111310
Property Address: 540 BUFFALO ST, DELANO
Sec/Twp/Rng: 11-118-025
Brief Tax Description: Sect-11 Twp-118 Range-025 UNPLATTED LAND 4.16 AC TH PRT OF W1/2 OF NE1/4 & E1/2 OF NW1/4 DES COM AT NW COR OF SD W1/2 OF NE1/4 TH S03D25’ 29”W 1499.86FT TO POB TH S89D 50’35”W 173.71FT TO LN H/IN/AF REF TO AS LN A TH S22D38’37”E 26.26FT TH S22D52’14”E 120.02FT& SD LN A TERM TH S87D 51’47”E 186.03FT TH N53D06’0”E ALG LN H/IN/AF REF TO AS LN X 124.03(.30)FT TO WLY LN OF MNDOT R/W PLAT 86-18 TH N36D 56’55”W 85FT TO INT/SEC/W LN BRS N89D50’35”E FR POB TH S89D 50’35”W 117.25FT TO POB
All interested parties or individuals are hereby notified and invited to present their oral or written comments at said public hearing.
Marlene Kittock, City Clerk
Published in the Delano Herald Journal April 27, 2009.
WEED ELIMINATING IN MONTROSE
ATTENTION: RESIDENTS OF THE CITY OF MONTROSE
Please take notice that all persons residing within the City of Montrose must comply with Ordinance No. 90.16 of the Montrose City Code and eliminate all long grass and weeds growing on their property immediately. All noxious weeds and other rank growths of vegetation upon public or private property are deemed a public nuisance and therefore, property owners who do not comply with this public notice are considered violators of this ordinance.
City of Montrose
Published in the Delano Herald Journal April 27, 2009

FRANKLIN TOWNSHIP
ADVERTISEMENT FOR QUOTE PROPOSALS
2009 BLACKTOP OVERLAY EXISTING PAVED ROAD
Notice is hereby given that Quote Proposals will be received by Franklin Township Clerk/Treasurer until 12:00 p.m. (CDT), Monday, May 4, 2009 for the furnishing of all labor and material for the purpose of Blacktop (Bituminous) Overlay of approximately one quarter (.25) mile of one existing bituminous road. Includes Reclaim of existing Bituminous, Type 31 Bituminous Base Course (3”, Incl. Sub base) and Two Layers of Asphalt (totaling 3 1/2”). Overlay to be performed with 2 layers totaling 3 1⁄2” of Mn/Dot 2360: LVWE35030B, MVWE35035B, or better bituminous material. A tack coat will be placed between the 2 layers of Asphalt. Class 3 Shouldering Material to be placed on edge of new pavement.
Work must be completed during the 2009 season and prior to October 22, 2009.
Contract Documents may be seen at the office of the Township Clerk/Treasurer 545 Elm Avenue E, Delano, MN 55328. Appointments requested 763-972-3741.
Quote Proposals may be directed to the Township Clerk/Treasurer, 545 Elm Avenue E, Delano, MN 55328 until 12:00 p.m. (CDT) on Monday, May 4, 2009. Quote proposals will be reviewed on Monday, May 4, 2009 at 7:00 p.m. (CDT) at the Franklin Township Hall located at 8735 Wright County Road 16 SE, Delano, MN 55328.
The Township will award the contract in the best interest of the Township.
By Order of the Franklin Town Board of Supervisors.
Denise Olson, Clerk/Treasurer of the Town of Franklin
Published in the Delano Herald Journal April 27, 2009.