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Delano Herald Journal Legal Notices
New public notices published in the issue of Oct 8, 2012

SUMMARY OF ORDINANCE NO’S: 2012-05, 2012-06, 2012-07, 2012-08, 2012-09, 2012-10, 2012-11 & 2012-12
CITY OF MONTROSECOUNTY OF WRIGHT, MINNESOTA
“HOUSEKEEPING
AMENDMENTS” TO THE CITY OF
MONTROSE ZONING AND
SUBDIVISION ORDINANCES
THE CITY COUNCIL OF THE CITY OF MONTROSE DOES HEREBY ORDAIN:
Section 1. The Montrose Zoning Ordinance is hereby amended to include the following ordinances as identified below:
Ordinance No. 2012-05. An ordinance amending Section 1009-2 (Site and Building Plan Exceptions to Review) to list specific exceptions to site and building plan review procedures.
Ordinance No. 2012-06. An ordinance amending Section 1024-4.A (Permitted Signs) to clarify rummage (garage) sale sign display requirements.
Ordinance No. 2012-07. An ordinance amending Section 1002-2 (Definitions) and Chapter 1007 (Variances) to change the variance evaluation criteria to be consistent with new State Statute language.
Ordinance No. 2012-08. An ordinance amending Section 1005-5 (Conditional Use Permit Revocation Procedures) to simplify the conditional use permit revocation process.
Ordinance No. 2012-09. An ordinance amending Section 1009-8 (Site and Building Plan Review - Building Codes) to require “as-built grading certificates” as a building permit submission requirement.
Ordinance No. 2012-10. An ordinance amending Section 1016-5.C (Impacts to Wetland) to specify that expired preliminary plats shall be subject to current wetland buffer requirements.
Section 2. The Montrose Subdivision Ordinance is hereby amended to include the following ordinances as summarized below:
Ordinance No. 2012-11. An ordinance amending Section 1107.04.K (Lot Design Standards - Water Courses) to specify that buffers associated with water courses must be contained within outlots.
Ordinance No. 2012-12. An ordinance amending Section 1107.08.B (Stormwater Management - Stormwater Drainage Standards) to require all stormwater ponds to be designed in accordance with the “Walker Pond Design Criteria.”
Section 3. This Ordinance shall become effective immediately upon its passage and publication.
Passed this 8th day of September, 2012 by the City Council of the City of Montrose.
CITY OF MONTROSE
/s/ Andrew Kaufman, Mayor
ATTEST:
/s/ Barbara Swanson, City Clerk
Pursuant to Minnesota Statutes 412.191, Subd. 4, this Ordinance is published in summary form. Complete copies of the ordinance are available for inspection by contacting the Montrose City Clerk Administrator, Montrose City Hall, 200 Center Avenue South, Montrose, Minnesota during regular office hours.
Published in the Delano Herald Journal Oct. 8, 2012.

ELECTRIC FRANCHISE ORDINANCEOrdinance No. 2012-04CITY OF MONTROSE, WRIGHT COUNTY, MINNESOTA
AN ORDINANCE GRANTING TO NORTHERN STATES POWER COMPANY, A MINNESOTA CORPORATION, D/B/A XCEL ENERGY ITS SUCCESSORS AND ASSIGNS, PERMISSION TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN IN THE CITY OF MONTROSE, MINNESOTA, AN ELECTRIC DISTRIBUTION SYSTEM AND TRANSMISSION LINES, INCLUDING NECESSARY POLES, LINES, FIXTURES AND APPURTENANCES, FOR THE FURNISHING OF ELECTRIC ENERGY TO THE CITY, ITS INHABITANTS, AND OTHERS, AND TO USE THE PUBLIC GROUNDS AND PUBLIC WAYS OF THE CITY FOR SUCH PURPOSES.
THE CITY COUNCIL OF THE CITY OF MONTROSE, WRIGHT COUNTY, MINNESOTA, ORDAINS:
SECTION 1. DEFINITIONS.
For purposes of this Ordinance, the following capitalized terms listed in alphabetical order shall have the following meanings:
1.1 City. The City of Montrose, County of Wright, State of Minnesota.
1.2 City Utility System. Facilities used for providing non-energy related public utility service owned or operated by City or agency thereof, including sewer and water service, but excluding facilities for providing heating, lighting or other forms of energy.
1.3 Commission. The Minnesota Public Utilities Commission, or any successor agency or agencies, including an agency of the federal government, which preempts all, or part of the authority to regulate electric retail rates now vested in the Minnesota Public Utilities Commission.
1.4 Company. Northern States Power Company, a Minnesota corporation, d/b/a Xcel Energy its successors and assigns.
1.5 Electric Facilities. Electric transmission and distribution towers, poles, lines, guys, anchors, conduits, fixtures, and necessary appurtenances owned or operated by Company for the purpose of providing electric energy for public use.
1.6 Notice. A written notice served by one party on the other party referencing one or more provisions of this Ordinance. Notice to Company shall be mailed to the General Counsel, 414 Nicollet Mall, 5th Floor, Minneapolis, MN 55401. Notice to the City shall be mailed to the City Administrator, City Hall, 311 Buffalo Avenue South, P.O. Box 25, Montrose, MN 55363. Either party may change its respective address for the purpose of this Ordinance by written notice to the other party.
1.7 Public Ground. Land owned by the City for park, open space or similar purpose, which is held for use in common by the public.
1.8 Public Way. Any street, alley, walkway or other public right-of-way within the City.
SECTION 2. ADOPTION OF FRANCHISE.
2.1 Grant of Franchise. City hereby grants Company, for a period of 20 years from the date passed and approved by the City, the right to transmit and furnish electric energy for light, heat, power and other purposes for public and private use within and through the limits of the City as its boundaries now exist or as they may be extended in the future. For these purposes, Company may construct, operate, repair and maintain Electric Facilities in, on, over, under and across the Public Grounds and Public Ways of City, subject to the provisions of this Ordinance. Company may do all reasonable things necessary or customary to accomplish these purposes, subject, however, to such reasonable regulations as may be imposed by the City pursuant to ordinance and to the further provisions of this franchise agreement.
2.2 Effective Date; Written Acceptance. This franchise agreement shall be in force and effect from and after passage of this Ordinance, its acceptance by Company, and its publication as required by law. The City by Council resolution may revoke this franchise agreement if Company does not file a written acceptance with the City within 90 days after publication.
2.3 Service and Rates. The service to be provided and the rates to be charged by Company for electric service in City are subject to the jurisdiction of the Commission. The area within the City in which Company may provide electric service is subject to the provisions of Minnesota Statutes, Section 216B.40.
2.4 Publication Expense. The expense of publication of this Ordinance will be paid by City and reimbursed to City by Company.
2.5 Dispute Resolution. If either party asserts that the other party is in default in the performance of any obligation hereunder, the complaining party shall notify the other party of the default and the desired remedy. The notification shall be written. Representatives of the parties must promptly meet and attempt in good faith to negotiate a resolution of the dispute. If the dispute is not resolved within 30 days of the written notice, the parties may jointly select a mediator to facilitate further discussion. The parties will equally share the fees and expenses of this mediator. If a mediator is not used or if the parties are unable to resolve the dispute within 30 days after first meeting with the selected mediator, either party may commence an action in District Court to interpret and enforce this franchise or for such other relief as may be permitted by law or equity for breach of contract, or either party may take any other action permitted by law.
SECTION 3. LOCATION, OTHER REGULATIONS.
3.1 Location of Facilities. Electric Facilities shall be located, constructed and maintained so as not to interfere with the safety and convenience of ordinary travel along and over Public Ways and so as not to disrupt normal operation of any City Utility System previously installed therein. Electric Facilities shall be located on Public Grounds as determined by the City. Company’s construction, reconstruction, operation, repair, maintenance and location of Electric Facilities shall be subject to permits if required by separate ordinance and to other reasonable regulations of the City to the extent not inconsistent with the terms of this franchise agreement. Company may abandon underground Electric Facilities in place, provided at the City’s request, Company will remove abandoned metal or concrete encased conduit interfering with a City improvement project, but only to the extent such conduit is uncovered by excavation as part of the City improvement project.
3.2 Field Locations. Company shall provide field locations for its underground Electric Facilities within City consistent with the requirements of Minnesota Statutes, Chapter 216D.
3.3 Street Openings. Company shall not open or disturb any Public Ground or Public Way for any purpose without first having obtained a permit from the City, if required by a separate ordinance, for which the City may impose a reasonable fee. Permit conditions imposed on Company shall not be more burdensome than those imposed on other utilities for similar facilities or work. Company may, however, open and disturb any Public Ground or Public Way without permission from the City where an emergency exists requiring the immediate repair of Electric Facilities. In such event Company shall notify the City by telephone to the office designated by the City as soon as practicable. Not later than the second working day thereafter, Company shall obtain any required permits and pay any required fees.
3.4 Restoration. After undertaking any work requiring the opening of any Public Ground or Public Way, Company shall restore the same, including paving and its foundation, to as good a condition as formerly existed, and shall maintain any paved surface in good condition for two years thereafter. The work shall be completed as promptly as weather permits, and if Company shall not promptly perform and complete the work, remove all dirt, rubbish, equipment and material, and put the Public Ground or Public Way in the said condition, the City shall have, after demand to Company to cure and the passage of a reasonable period of time following the demand, but not to exceed five days, the right to make the restoration at the expense of Company. Company shall pay to the City the cost of such work done for or performed by the City. This remedy shall be in addition to any other remedy available to the City for noncompliance with this Section 3.4, but the City hereby waives any requirement for Company to post a construction performance bond, certificate of insurance, letter of credit or any other form of security or assurance that may be required, under a separate existing or future ordinance of the City, of a person or entity obtaining the City’s permission to install, replace or maintain facilities in a Public Way. Notwithstanding the foregoing, City reserves the right to require a performance bond for new installation, replacement, or repairs, when the Company’s completion of its work is required in order for the City to proceed with its work for constructing a public improvement project
3.5 Avoid Damage to Electric Facilities. Nothing in this Ordinance relieves any person from liability arising out of the failure to exercise reasonable care to avoid damaging Electric Facilities while performing any activity.
3.6 Notice of Improvements. The City must give Company reasonable notice of plans for improvements to Public Grounds or Public Ways where the City has reason to believe that Electric Facilities may affect or be affected by the improvement. The notice must contain: (i) the nature and character of the improvements, (ii) the Public Grounds and Public Ways upon which the improvements are to be made, (iii) the extent of the improvements, (iv) the time when the City will start the work, and (v) if more than one Public Ground or Public Way is involved, the order in which the work is to proceed. The notice must be given to Company a sufficient length of time in advance of the actual commencement of the work to permit Company to make any necessary additions, alterations or repairs to its Electric Facilities.
3.7 Shared Use of Poles. Company shall make space available on its poles or towers for City fire, water utility, police or other City facilities upon terms and conditions acceptable to Company whenever such use will not interfere with the use of such poles or towers by Company, by another electric utility, by a telephone utility, or by any cable television company or other form of communication company. In addition, the City shall pay for any added cost incurred by Company because of such use by City.
3.8 Mapping Information. The Company must promptly provide mapping information for any of its Electric Facilities in accordance with the requirements of Minnesota Rules Part 7819.4000 and 7819.4100.
SECTION 4. RELOCATIONS.
4.1 Relocation of Electric Facilities in Public Ways. In accordance with Minnesota Rules, part 7819.3100, Company shall promptly remove and relocate its Electric Facilities at its own expense, with due regard for seasonal working conditions, when it is necessary to prevent interference in connection with: (1) a public project involving Public Ways; (2) the public health or safety; or (3) the safety and convenience of travel over the Public Ways. Nothing in this Ordinance requires Company to relocate, remove, replace or reconstruct its Electric Facilities at its own expense where such relocation, removal, replacement or reconstruction is merely for the convenience of the City, and Company may seek reimbursement of its expenses if the relocation is requested merely for the convenience of City.
4.2 Relocation of Electric Facilities in Public Ground. City may require Company at Company’s expense to relocate or remove its Electric Facilities from Public Ground upon a finding by City that the Electric Facilities have become or will become a substantial impairment to the existing or proposed public use of the Public Ground.
4.3 Projects with Federal Funding. Relocation, removal or rearrangement of any Company Electric Facilities made necessary because of the extension into or through City of a federally-aided highway project shall be governed by the provisions of Minnesota Statutes, Section 161.46, as supplemented or amended.
4.4 No Waiver. The provisions of this franchise apply only to facilities constructed in reliance on a franchise from the City and shall not be construed to waive or modify any rights obtained by Company for installations within a Company right-of-way acquired by easement or prescriptive right before the applicable Public Ground or Public Way was established, or Company’s rights under state or county permit.
SECTION 5. TREE TRIMMING.
Company may trim all trees and shrubs in the Public Grounds and Public Ways of City to the extent Company finds necessary to avoid interference with the proper construction, operation, repair and maintenance of any Electric Facilities installed hereunder, provided that Company shall save the City harmless from any liability arising therefrom, and subject to permit or other reasonable regulation by the City.
SECTION 6. INDEMNIFICATION.
6.1 Indemnity of City. Company shall indemnify, keep and hold the City free and harmless from any and all liability on account of injury to persons or damage to property occasioned by the construction, maintenance, repair, inspection, the issuance of permits, or the operation of the Electric Facilities located in the Public Grounds and Public Ways. The City shall not be indemnified for losses or claims occasioned through its own negligence except for losses or claims arising out of or alleging the City’s negligence as to the issuance of permits for, or inspection of, Company’s plans or work. The City shall not be indemnified if the injury or damage results from the performance in a proper manner of acts reasonably deemed hazardous by Company, and such performance is nevertheless ordered or directed by City after notice of Company’s determination. This franchise shall not be interpreted as a waiver by City of any of its defenses, immunities, and limitations on liability under Minnesota Statutes, Chapter 466
6.2 Defense of City. In the event a suit is brought against the City under circumstances where this agreement to indemnify applies, Company at its sole cost and expense shall defend the City in such suit if written notice thereof is promptly given to Company within a period wherein Company is not prejudiced by lack of such notice. If Company is required to indemnify and defend, it will thereafter have control of such litigation, but Company may not settle such litigation without the consent of the City, which consent shall not be unreasonably withheld. This section is not, as to third parties, a waiver of any defense or immunity otherwise available to the City and Company, in defending any action on behalf of the City shall be entitled to assert in any action every defense or immunity that the City could assert in its own behalf.
SECTION 7. VACATION OF PUBLIC WAYS.
The City shall give Company at least two weeks prior written notice of a proposed vacation of a Public Way. Except where required for a City improvement project, the vacation of any Public Way, after the installation of Electric Facilities, shall not operate to deprive Company of its rights to operate and maintain such Electric Facilities, until the reasonable cost of relocating the same and the loss and expense resulting from such relocation are first paid to Company. In no case, however, shall City be liable to Company for failure to specifically preserve a rightofway under Minnesota Statutes, Section 160.29.
SECTION 8. CHANGE IN FORM OF GOVERNMENT.
Any change in the form of government of the City shall not affect the validity of this Ordinance. Any governmental unit succeeding the City shall, without the consent of Company, succeed to all of the rights and obligations of the City provided in this Ordinance.
SECTION 9. FRANCHISE FEE- RESERVATION OF RIGHTS.
The City reserves all rights under Minnesota Statutes, Sections 216B.36 and 300.03, to require a franchise fee during the term of this franchise and to amend the fee. If the City elects to require a franchise fee or amend an existing franchise fee it shall notify Company and negotiate in good faith to reach a mutually acceptable fee schedule. The fee shall be set forth in a separate ordinance and not be adopted until at least 90 days after Notice enclosing such proposed ordinance has been served upon the Company by certified mail. If the City and Company are unable to agree on a franchise fee or on any terms related thereto, including but not limited to the requirement of concurrent permit fees to defray costs of utility operations, each hereby consents to the jurisdiction of State District Court, Wright County, to construe their respective rights under the law, subject to all rights of appeal. City and Company expressly reserve all rights and arguments concerning franchise fees and related issues and this paragraph is not intended, and shall not be construed, as a waiver of any such rights or arguments.
SECTION 10. PROVISIONS OF ORDINANCE.
10.1 Severability. Every section, provision, or part of this Ordinance is declared separate from every other section, provision, or part and if any section, provision, or part shall be held invalid, it shall not affect any other section, provision, or part. Where a provision of any other City ordinance conflicts with the provisions of this Ordinance, the provisions of this Ordinance shall prevail.
10.2 Limitation on Applicability. This Ordinance constitutes a franchise agreement between the City and Company as the only parties and no provision of this franchise shall in any way inure to the benefit of any third person (including the public at large) so as to constitute any such person as a third party beneficiary of the agreement or of any one or more of the terms hereof, or otherwise give rise to any cause of action in any person not a party hereto.
SECTION 11. AMENDMENT PROCEDURE.
Either party to this franchise agreement may at any time propose that the agreement be amended to address a subject of concern and the other party will consider whether it agrees that the amendment is mutually appropriate. If an amendment is agreed upon, this Ordinance may be amended at any time by the City passing a subsequent ordinance declaring the provisions of the amendment, which amendatory ordinance shall become effective upon the filing of Company’s written consent thereto with the City Clerk within 90 days after the date of final passage by the City of the amendatory ordinance.
SECTION 12. PREVIOUS FRANCHISES SUPERSEDED.
This franchise supersedes any previous electric franchise granted to Company or its predecessor.
Passed and approved: 2012.
/s/ Andrew Kaufman, Mayor
Attest:
/s/ Barbara Swanson, City Clerk
Published in the Delano Herald Journal Oct. 8, 2012

SUMMARY MINUTES
CITY OF DELANO
SPECIAL WORKSHOP
City Council/Economic Development Authority
Tuesday, June 19, 2012
6:00 P.M.
1. CALL TO ORDER
Mayor Graunke called the special workshop of the Delano City Council/Economic Development Authority of Tuesday, June 19, 2012 to order at 6:05 p.m.
2. ROLL CALL
Members Present: Dale Graunke, Mayor; Holly Schrupp, Council Member; Betsy Stolfa, Council Member; Dan Vick, Council Member; Derek Schansberg, Council Member
Members Absent: None
Also Present: Phil Kern, City Administrator; Paula Bauman, Recorder
3. SPECIAL ORDER OF BUSINESS
A. Discuss status of hotel project.
Phil Kern gave the Council a brief background of the project discussing the hotel, possibility of a banquet facility and funding for the project.
B. Discuss Northwest Business Park and land agreements.
Kern discussed the grant awarded for the project stating Staff is waiting for the grant agreements to formalize the agreement. Council discussed purchase agreements.
C. Update on downtown floodwall project.
Discussion included location and installation of the wall, and installation and protection near Three Crows.
4. ADJOURNMENT
There being no further business to discuss the special workshop of the Delano City Council/Economic Development Authority was adjourned Tuesday, June 19, 2012.
/s/ Dale Graunke, Mayor
/s/ Marlene E. Kittock, City Clerk
Attest:
/s/ Paula Bauman, Recorder
Published in the Delano Herald Journal Oct. 8, 2012.

MINUTES
CITY OF DELANO
City Council/Economic Development Authority
Tuesday, June 19, 2012
7:00 P.M.
1.CALL TO ORDER
Mayor Graunke called the regular meeting of the Delano City Council/Economic Development Authority of Tuesday, June 19, 2012, to order at 7:00 PM.
PLEDGE OF ALLEGIANCE
2. ROLL CALL AND APPROVAL OF AGENDA
Members Present: Dale Graunke, Mayor; Holly Schrupp, Council Member; Betsy Stolfa, Council Member; Dan Vick, Council Member; Derek Schansberg, Council Member
Members Absent: None
Also Present: Phil Kern, City Administrator; Marlene E. Kittock, City Clerk/AV Technician; Ernie Eden, Public Works Director; Paula Bauman, Recorder
Motion Number (M-12-120) Motion by Betsy Stolfa, seconded by Holly Schrupp to approve the agenda for the regular City Council/Economic Development Authority meeting of Tuesday, June 19, 2012, with the additions recommended. Motion Carried.
3. MINUTES
4. SPEAKERS, PRESENTATIONS AND AWARDS
5. CONSENT ITEMS
Motion Number (M-12-121) Motion by Dan Vick, seconded by Derek Schansberg to approve consent items 5A(1), 5B(1,2,4,5 and 6) as submitted. Motion Carried.
A. EDA:
1. Motion to approve 4th Quarter Financial Report of fiscal year 2011 – 2012.
B. City:
1. Motion to approve resignation of Josh Menard
2. Motion to approve computer workstations for various City departments.
3. Motion to approve allocation of Development Incentive Program to Landscape Structures expansion and storm water improvements at 702 7th Street South.
Motion Number (M-12-122) Motion by Dan Vick, seconded by Betsy Stolfa o approve allocation of Development Incentive Program funds to Landscape Structures expansion and storm water improvements at 702 7th Street South.
4. Motion to approve public improvements at Fox Meadow and authorize release of Letter of Credit.
5. Motion to approve Election Judge appointments for 2012 Primary and General Election, designating polling place and setting polling hours.
6. Motion to approve Park and Recreation Facility Information Brochure.
6. CITY STRATEGY No. 1: To provide and proactively facilitate the delivery of quality public and community services in a planned, fiscally responsible manner.
7. CITY STRATEGY No. 2: To ensure the City’s continued sustainability and financial stability.
8. CITY STRATEGY No. 3: To plan for the maintenance, replacement and efficiency of the City’s equipment, buildings, infrastructure, energy and utility system.
A. Update on the air conditioning unit at the Heritage Center.
Motion Number (M-12-123) Motion by Holly Schrupp, seconded by Dan Vick to replace the condensing through Scott’s Heatingand Cooling for $1,375. Motion Carried 3-2 with Betsy Stolfa and Derek Schansberg opposed.
9. CITY STRATEGY No. 4: To manage the City’s growth so that it’s high quality is consistent with the City’s Comprehensive Plan while maintaining the City’s historical culture, characteristics and features.
A. Consider donation from Landscape Structures for a playground at Central Park.
Motion Number (M-12-124) Motion by Betsy Stolfa, seconded by Holly Schrupp to accept the donation from Landscape Structures Inc. for a playground at Central Park. Motion Carried.
10. CITY STRATEGY No. 5: To encourage and improve the communication of information and ideas with residents and business owners.
A. Discuss possibility of Downtown Market.
Motion Number (M-12-125) Motion by Betsy Stolfa, seconded by Dan Vick to authorize a non-exclusive lease agreement with the Delano Lions/Downtown Market Group for Saturday market sales beginning June 23 through September, 2012. Motion Carried.
11. CITY STRATEGY No. 6: To ensure communications and positive relationships between the Council, Staff, Employee and Commission Members.
A. Minutes from the Historic Preservation Committee meeting of March 26, 2012.
B. Minutes from the Historic Preservation Committee meeting of April 23, 2012.
C. Minutes from the Historic Preservation Committee meeting of June 4, 2012.
12. CITY STRATEGY No. 7: To ensure the City has a well trained, productive and accountable workforce to meet the changing needs of the community.
13. CITY STRATEGY No. 8: To ensure the public’s safety from crime and manmade or natural disasters.
14. CITY STRATEGY No. 9: To ensure the overall aesthetic appeal of the City.
15. OTHER BUSINESS
A. Discuss potential business park preliminary agreements.
Motion Number (M-12-126) Motion by Derek Schansberg, seconded by Betsy Stolfa to enter into preliminary agreements. Motion Carried.
16. COMMUNICATIONS AND ANNOUNCEMENTS
17. CLAIMS
A. City Claims
Motion Number (M-12-127) Motion by Betsy Stolfa, seconded by Holly Schrupp to approve the City Claims in the amount of $534,400.93 as submitted. Motion Carried.
18. ADJOURNMENT
Motion Number (M-12-128) Motion by Betsy Stolfa, seconded by Dan Vick to adjourn the regular meeting of the Delano City Council/Economic Development Authority of Tuesday, June 19, 2012. Motion Carried.
There being no further business to discuss the regular meeting of the Delano City Council/Economic Development Authority of Tuesday, June 19, 2012 was adjourned at 8:15 PM.
/s/ Dale Graunke, Mayor /s/ Marlene E. Kittock, City Clerk Attest:
/s/ Paula Bauman, Recorder
Published in the Delano Herald Journal Oct. 8, 2012.

MINUTES
CITY OF DELANO
City Council/Economic Development Authority
Tuesday, June 5, 2012
7:00 P.M.
1. CALL TO ORDER
Mayor Graunke called the regular meeting of the Delano City Council/Economic Development Authority meeting of Tuesday, June 5, 2012 to order at 7:00 PM.
PLEDGE OF ALLEGIANCE
2. ROLL CALL AND APPROVAL OF AGENDA
Members Present: Dale Graunke, Mayor; Holly Schrupp, Council Member; Betsy Stolfa, Council Member; Dan Vick, Council Member; Derek Schansberg, Council Member
Members Absent: None
Also Present: Phil Kern, City Administrator; Mark Johnson, City Attorney; Marlene E. Kittock, City Clerk/AV Technician; Ernie Eden, Public Works Director; Paula Bauman, Recorder
Motion Number (M-12-109) Motion by Dan Vick, seconded by Betsy Stolfa to approve the agenda of the regular City Council/Economic Development Authority meeting of Tuesday, June 5, 2012 as submitted. Motion Carried.
3. MINUTES
4. SPEAKERS, PRESENTATIONS AND AWARDS
5. CONSENT ITEMS
A. CITY
1. Motion to approve hiring part-time staff at Delano Wine and Spirits.
2. Motion to approve three assistants for the Fun in the Sun FITS 2012 program.
3. Motion authorizing City Administrator to attend 2012 ICMA Conference.
Motion Number (M-12-110) Motion by Holly Schrupp, seconded by Derek Schansberg to approve the Consent items as submitted. Motion Carried.
6. CITY STRATEGY No. 1: To provide and proactively facilitate the delivery of quality public and community services in a planned, fiscally responsible manner.
A Discuss procedure for review of liquor license issued to Delano Lanes and Entertainment.
Motion Number (M-12-111) Motion by Derek Schansberg, seconded by Dan Vick to defer until the July 17, 2012 Council meeting. Motion Carried.
B. Discuss annual licenses for Club, Liquor On-Sale, Sunday Liquor On-Sale, 3.2 Malt Liquor with and without Wine On-Sale, 3.2 Malt Liquor Off-Sale, Coin Operated Machines, Dance/Music, Fireworks, and Solid Waste and Recycling which will expire on June 30, 2012.
1. Approve miscellaneous license applications subject to submittal of completed transactions.
Motion Number (M-12-112) Motion by Betsy Stolfa, seconded by Dan Vick to approve the miscellaneous annual licenses subject to submittal of all required documentation. Motion Carried.
2. Approve limited Liquor On-Sale and Sunday Liquor On-Sale for Delano Lanes and Entertainment.
a. Discuss and approve Incidental Dance License for Delano Lanes and Entertainment.
Motion Number (M-12-113) Motion by Dan Vick, seconded by Derek Schansberg to approve limited Liquor On-Sale, Sunday Liquor On-Sale license, and Incidental Dance License for Delano Lanes and Entertainment, subject to review of possible liquor license violations in April, 2012. Motion Carried.
C. Consider public comment and revisit discussion regarding striping of parallel parking spaces on downtown streets.
Motion Number (M-12-114) Motion by Betsy Stolfa, seconded by Derek Schansberg to approve parking striping on River Street between Railroad Avenue and Elm Avenue. Motion Carried with Holly Schrupp and Dan Vick opposed.
7. CITY STRATEGY No. 2: To ensure the City’s continued sustainability and financial stability.
8. CITY STRATEGY No. 3: To plan for the maintenance, replacement and efficiency of the City’s equipment, buildings, infrastructure, energy and utility.
A. Consider replacement of one of the exterior outdoor condensing units for the Community Meeting Room located at 140 Bridge Avenue East.
Motion Number (M-12-115) Motion by Derek Schansberg, seconded by Betsy Stolfa to table this item. Motion Carried.
9. CITY STRATEGY No. 4: To manage the City’s growth so that its high quality is consistent with the City’s Comprehensive Plan while maintaining the City’s historical culture, characteristics and features.
10. CITY STRATEGY No. 5: To encourage and improve the communication of information and ideas with residents and business owners.
11. CITY STRATEGY No. 6: To ensure communication and positive relationships between the Council, Staff, Employees and Commission members.
A. Minutes of the Delano Water, Light and Power Commission meeting of Thursday, April 16, 2012.
B. Minutes of the Delano Fire Relief Association meeting of Thursday, April 19, 2012.
C. Minutes of the Delano Fire Relief Association meeting of Thursday, May 10, 2012.
D. Minutes of the Delano Fire Department meeting of Thursday, May 10, 2012.
12. CITY STRATEGY No. 7: Ensure the City has a well-trained, productive and accountable workforce to meet the changing needs of the community.
13. CITY STRATEGY No. 8: To ensure the public’s safety from crime and manmade or natural disasters.
14. CITY STRATEGY No. 9: To ensure the overall aesthetic appeal of the City.
A. Authorize the grant agreement for the 2012-2014 Minnesota Community Forest Bonding Grant with the Minnesota Department of Natural Resources.
Motion Number (M-12-116) Motion by Betsy Stolfa, seconded by Derek Schansberg to authorize grant agreement for the 2012-2014 Minnesota Community Forest Bonding Grant with the Minnesota Department of Natural Resources. Motion Carried.
15. OTHER BUSINESS
16. COMMUNICATIONS AND ANNOUNCEMENTS
A. Discuss meeting schedule for June and July.
17. CLAIMS
A. City Claims
Motion Number (M-12-117) Motion by Holly Schrupp, seconded by Derek Schansberg to approve the City Claims in the amount of $157,227.41 as submitted. Motion Carried.
B. EDA Claims
Motion Number (M-12-118) Motion by Dan Vick, seconded by Betsy Stolfa to approve the EDA Claims in the amount of $12,088.95 as submitted. Motion Carried.
18. ADJOURNMENT
Motion Number (M-12-119) Motion by Betsy Stolfa, seconded by Holly Schrupp to adjourn the regular meeting of the Delano City Council/Economic Development Authority meeting of Tuesday, June 5, 2012. Motion Carried.
There being no further business to discuss the regular meeting of the Delano City Council/Economic Development Authority meeting of Tuesday, June 5, 2012 was adjourned at 8:00 PM.
Dale Graunke, Mayor
Marlene E. Kittock, City Clerk
Attest:
Paula Bauman, Recorder
Published in the Delano Herald Journal Oct. 8, 2012.

SUMMARY MINUTES
CITY OF DELANO
SPECIAL WORKSHOP
City Council/Economic Development Authority
Tuesday, April 24, 2012
7:00 P.M.
1. CALL TO ORDER
Mayor Graunke called the special workshop of the Delano City Council/Economic Development Authority of Tuesday, April 24, 2012 to order at 7:00 p.m.
2. ROLL CALL
Members Present: Dale Graunke, Mayor; Holly Schrupp, Council Member; Betsy Stolfa, Council Member; Dan Vick, Council Member; Derek Schansberg, Council Member
Members Absent: None
Also Present: Phil Kern, City Administrator; Ernie Eden, Public Works Director; Tammy Matthees, Housing Director; Hal Becker, Utilities General Manager; Paula Bauman, Recorder
3. SPECIAL ORDER OF BUSINESS
A. Discuss Northwest Business Park.
Discussion revolved around areas of improvement, including Highway 12 and local roads. Council further discussed the grant application and the pre-development agreement for the project.
B. Consider TED Grant Application and pre-development agreement.
Motion Number (M-12-77) Motion by Betsy Stolfa, seconded by Holly Schrupp to approve the TED Grant Application and pre-development agreement for the Northwest Business Park. Motion Carried.
Motion Number (M-12-78) Motion by Holly Schrupp, seconded by Betsy Stolfa to adopt Resolution R-12-11 of support for City of Delano Transportation Economic Development Grant. Motion Carried 5-0 by Roll Call Vote.
C. Review Crow River Villa/Ridge Manor maintenance agreement.
Tammy Matthees stated the current maintenance person is looking to retire from the position and has found another resident interested. For the time being, they would like to work together to train the new person. If Council feels this is an acceptable agreement, Staff will bring to the next meeting for formal approval.
D. Discuss DMU valuation study.
Phil Kern discussed the background of the study. Council discussed their expectations with the survey and discussed the benefits and disadvantages of having a local utility.
E. Discuss compost facility.
Due to recent dumping of garbage and miscellaneous materials, Public Works staff has spent a considerable amount of time cleaning up the site and removing access garbage. Council recommended proceeding with cleaning up gates, finish grading, add gravel to drive and new signage which states no commercial dumping.
F. Discuss downtown railroad trestle project.
Mayor Graunke discussed building a retaining wall four feet high on either side of the trestle. This would keep rock from falling on the sidewalk, which will be more aesthetically pleasing, safer, and easier to clean during snow removal. It will also save money on maintenance costs.
G. Discuss signage regarding special events.
Phil Kern stated at a 4th of July Committee meeting, discussion involved some sort of signage that could be used on a temporary basis.
H. Discuss Council Liaison to omprehensive Plan Committee.
Betsy Stolfa stated she felt it would be beneficial to have a representative from Council on the new Comprehensive Plan Committee. Phil Kern stated the committee meets the 2nd Monday of every months Planning Commission meeting. Council discussed a schedule.
4. ADJOURNMENT
Motion Number (M-12-79) Motion by Betsy Stolfa, seconded by Dan Vick to adjourn the special workshop of the Delano City Council/Economic Development Authority of Tuesday, April 21, 2012. Motion Carried.
There being no further business to discuss, the special workshop of the Delano City Council/Economic Development Authority of Tuesday, April 21, 2012 was adjourned at 9:45 PM.
/s/ Dale Graunke, Mayor
/s/ Marlene E. Kittock, City Clerk
ATTEST:
/s/ Paula Bauman, Recorder
Published in the Delano Herald Journal Oct. 8, 2012.

MINUTES
CITY OF DELANO
City Council/Economic Development Authority
Tuesday, April 17, 2012
7:00 P.M.
1. CALL TO ORDER
Mayor Graunke called the regular meeting of the Delano City Council/Economic Development Authority of Tuesday, April 17, 2012 to order at 7:00 PM.
PLEDGE OF ALLEGIANCE
2. ROLL CALL AND APPROVAL OF AGENDA
Members Present: Dale Graunke, Mayor; Holly Schrupp, Council Member; Betsy Stolfa, Council Member; Dan Vick, Council Member; Derek Schansberg, Council Member
Members Absent: None
Also Present: Phil Kern, City Administrator; Ernie Eden, Public Works Director; Marlene E. Kittock, City Clerk/AV; Paula Bauman, Recorder
Motion Number (M-12-63) Motion by Dan Vick, seconded by Holly Schrupp to approve the agenda for the regular City Council/Economic Development Authority meeting of Tuesday, April 17, 2012, as submitted. Motion Carried.
3. MINUTES
4. SPEAKERS, PRESENTATIONS & AWARDS
5. CONSENT ITEMS
A. Motion to approve four (4) computer work stations.
Motion Number (M-12-64) Motion by Betsy Stolfa, seconded by Dan Vick to table approval for four computer workstations. Motion Carried.
B. Motion to approve seasonal employees.
Motion Number (M-12-65) Motion by Betsy Stolfa, seconded by Derek Schansberg to approve seasonal employees. Motion Carried.
6. CITY STRATEGY No. 1: To provide and proactively facilitate the delivery of quality public and community services in a planned, fiscally responsible manner.
7. CITY STRATEGY No. 2: To ensure the City’s continued sustainability and financial stability.
8. CITY STRATEGY No. 3: To plan for the maintenance, replacement and efficiency of the City’s equipment, buildings, infrastructure, energy and utility systems.
A. Authorize the refurnishing of the second floor Delano Historical Center (Delano Community Room).
Motion Number (M-12-66) Motion by Holly Schrupp, seconded by Betsy Stolfa to authorize the refinishing of the second floor Delano Historical Center (Delano Community Room). Motion Carried.
9. CITY STRATEGY No. 4: To manage the City’s growth so that it’s high quality is consistent with the City’s Comprehensive Plan while maintaining the City’s historical culture, characteristics and features.
A. Public Hearing request from St. Peter’s Catholic Church (107029-003040) for the property located at 204 River Street S for a Site and Building Plan Review in accordance with Section 51.02 and Subd. F and for a Conditional Use Permit within the R-5 Single and Two Family Residential District, Section 51.11 Subd. D4 for an expansion to a religious institution or church facility per the City of Delano Zoning and Land Use Code.
Motion Number (M-12-67) Motion by Betsy Stolfa, seconded by Dan Vick to open Public Hearing to consider request from St. Peter’s Catholic Church (107029-003040) for the property located at 204 River Street S for a Site and Building Plan Review in accordance with Section 51.02 and Subd. F and for a Conditional Use Permit within the R-5 Single and Two Family Residential District, Section 51.11 Subd. D4 for an expansion to a religious institution or church facility per the City of Delano Zoning and Land Use Code. Motion Carried.
Mayor Graunke called for public comment three times. None was heard.
Motion Number (M-12-68) Motion by Dan Vick, seconded by Betsy Stolfa to close public hearing. Motion Carried.
1. Adopt Resolution R-12-09 approving conditional use permit amendment and site and building plan review for Church of St. Peter located north of Saint Peter Avenue, south of Rockford Avenue, east of South River Street and west of Second Street, within the City of Delano.
Motion Number (M-12-69) Motion by Dan Vick, seconded by Betsy Stolfa to Adopt Resolution R-12-09 approving conditional use permit amendment and site and building plan review for Church of St. Peter located north of Saint Peter Avenue, south of Rockford Avenue, east of South River Street and west of Second Street, within the City of Delano. Motion Carried 5-0 by Roll Call Vote.
B. Public Hearing request from Joseph Lahti, dba Delano Industrial Partners LLC – Westedge Properties LLC (107500-031103 and 107500-031104) for the property located at 3969 US Highway 12 SE for a Grading Permit and a Conditional Use Permit for the purpose of land filling and/or mining and excavating in excess of 400 cu. yds. in accordance with Section 51.03 Subd. J per the City of Delano Zoning Land Use Code.
Motion Number (M-12-70) Motion by Holly Schrupp, seconded by Derek Schansberg to open the Public Hearing to consider request from Joseph Lahti, dba Delano Industrial Partners LLC – Westedge Properties LLC (107500-031103 and 107500-031104) for the property located at 3969 US Highway 12 SE for a Grading Permit and a Conditional Use Permit for the purpose of land filling and/or mining and excavating in excess of 400 cu. yds. in accordance with Section 51.03 Subd. J per the City of Delano Zoning Land Use Code. Motion Carried.
Motion Number (M-12-71) Motion by Dan Vick, seconded by Holly Schrupp to close the public hearing. Motion Carried.
1. Adopt Resolution R-12-10 approving conditional use permit for Delano Industrial Partners, LLC, to allow for grading in excess of 400 cubic yards at the property located in Exhibit A within the City of Delano, Minnesota.
Motion Number (M-12-72) Motion by Betsy Stolfa, seconded by Holly Schrupp to Adopt Resolution R-12-10 approving conditional use permit for Delano Industrial Partners, LLC, to allow for grading in excess of 400 cubic yards at the property located in Exhibit A within the City of Delano, Minnesota, with the addition of condition 6 regarding wetland boundaries. Motion Carried 5-0 by Roll Call Vote.
C. Discuss and appoint the membership of the City of Delano’s 2012 Comprehensive Plan Ad Hoc Committee.
Motion Number (M-12-73) Motion by Dan Vick, seconded by Betsy Stolfa to appoint Paul D. Jaunich, Lynn Hanson, and Will Haackto the City of Delano’s 2012 Comprehensive Plan Ad Hoc Committee. Motion Carried.
10. CITY STRATEGY No. 5: To encourage and improve the communication of information and ideas with residents and business owners.
11. CITY STRATEGY No. 6: To ensure communication and positive relationships between the Council, Staff, Employee and Commission Members.
A. Planning Commission minutes February 13, 2012.
B. Park & Recreation Committee minutes February 29, 2012.
C. Park & Recreation Committee minutes March 21, 2012.
12. CITY STRATEGY No. 7: To ensure the City has a well-trained, productive and accountable workforce to meet the changing needs of the community.
13. CITY STRATEGY No. 8: To ensure the public’s safety from crime and manmade or natural disasters.
14. CITY STRATEGY No. 9: To ensure the overall aesthetic appeal of the City.
15. OTHER BUSINESS
16. COMMUNICATIONS & ANNOUNCEMENTS
17. CLAIMS
A. City Claims
Motion Number (M-12-74) Motion by Dan Vick, seconded by Betsy Stolfa to approve the City Claims in the amount of $271,488.57, as submitted. Motion Carried.
B. EDA Claims
Motion Number (M-12-75) Motion by Betsy Stolfa, seconded by Holly Schrupp to approve the EDA Claims in the amount of $22,657.02, as submitted. Motion Carried.
18. ADJOURNMENT
Motion Number (M-12-76) Motion by Betsy Stolfa, seconded by Holly Schrupp to adjourn the regular meeting of the Delano City Council/Economic Development Authority of Tuesday, April 17, 2012. Motion Carried.
There being no further business to discuss, the regular meeting of the Delano City Council/Economic Development Authority of Tuesday, April 17, 2012 was adjourned at 7:55 PM.
/s/ Dale Graunke, Mayor
/s/ Marlene E. Kittock, City Clerk
Attest:
/s/ Paula Bauman, Recorder
Published in the Delano Herald Journal Oct. 8, 2012.

SUMMARY MINUTES
CITY OF DELANO
SPECIAL WORKSHOP
City Council/Economic Development Authority
Tuesday, March 13, 2012
6:00 P.M.
1. CALL TO ORDER
Mayor Graunke called the special workshop of the Delano City Council/Economic Development Authority of Tuesday, March 13, 2012 to order at 6:00 PM.
2. ROLL CALL
Members Present: Dale Graunke, Mayor; Betsy Stolfa, Council Member; Dan Vick, Council Member; Derek Schansberg, Council Member
Members Absent: Holly Schrupp, Council Member
Also Present: Phil Kern, City Administrator; Brian Bloch, Finance Director; Vince Vander Top, City Engineer; Paula Bauman, Recorder
3. SPECIAL ORDER OF BUSINESS
A. Consider step increase for Administrative Assistant II and Finance Assistant positions.
Motion Number (M-12-43A) Motion by Betsy Stolfa, seconded by Derek Schansberg to approve step increases for Administrative Assistant II and Finance Assistant position. Motion Carried 3-0 with Dan Vick abstaining.
B. Review 2012-2013 Goals and Objectives.
Council reviewed the short term goals discussing current projects within the City and known projects that will be coming in the future. Council felt the goals are realistic and commended Staff for following the goals and objectives as well as they have.
C. Discuss Northwest Business Park.
Council discussed grading of the site, construction time frame, and funding of the project.
D. Discuss Green Step Ad Hoc Committee.
This committee main objective would be to review GreenStep criteria and determine areas of City operations to identify further areas of compliance.
E. Discuss Street Improvement Plan.
Council consensus was to move along with project one and revisit the financing methods.
D. Discuss DNR Central Park application.
The Delano Lions, 4th of July Committee, and Athletic Club are requesting the City of Delano apply on their behalf. The project would consist of picnic shelter and newly built ADA accessible men’s and women’s bathrooms.
G. Discuss potential acquisition of flood plain properties.
Discussion involved around the purchase of the building at 93 River Street N. Staff will contact the seller of the property and discuss at a future meeting.
4. ADJOURNMENT
There being no further business to discuss, the special workshop of the Delano City Council/Economic Development Authority of Tuesday, March 13, 2012 was adjourned at 9:37 PM.
/s/ Dale Graunke, Mayor
/s/ Marlene E. Kittock, City Clerk
Attest:
/s/ Paula Bauman, Recorder
Published in the Delano Herald Journal Oct. 8, 2012.