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Delano Herald Journal Legal Notices
New public notices published in the issue of Sept. 26, 2016

STATE OF MINNESOTA
COUNTY OF WRIGHT
TENTH JUDICIAL DISTRICT
DISTRICT COURT
PROBATE DIVISION
Court File No. 86-PR-16-4562
Estate of Richard A. Amundson
NOTICE OF INFORMAL APPOINTMENT OF PERSONAL REPRESENTATIVE AND NOTICE TO CREDITORS (INTESTATE)
Notice is given that an application for informal appointment of personal representative has been filed with the Registrar. No will has been presented for probate. The application has been granted.
Notice is also given that the Registrar has informally appointed Douglas R. Amundson, whose address is 3512 McNair Drive, Robbinsdale MN 55422 as personal representative of the Estate of the Decedent. Any heir or other interested person may be entitled to appointment as personal representative or may object to the appointment of the personal representative. Unless objections are filed with the Court (Pursuant to Minn. Stat. 524.3-607) and the Court otherwise orders, the personal representative has full power to administer the Estate including, after 30 days for the date of issuance of letters, the power to sell, encumber, lease, or distribute real estate.
Any objections to the probate of the Will or appointment of the Personal Representative must be filed with this Court and will be heard by the Court after the filing of an appropriate petition and proper notice of hearing.
Notice is also given that (Subject to Minn. Stat. 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.
Dated: 9-21-16
/s/ Monica Tschumper, Registrar

Attorney for Personal Representative
Name: G. Scott Hoke
Firm: G. Scott Hoke, P.A.
Street: 12201 Champlin Drive
City, State, ZIP: Champlin, MN 55316
Attorney License No: 150277
Telephone: 763-712-3777
FAX: 763-422-3838
Email: hokelaw@aol.com
Published in the Delano Herald Journal Sept. 26, and Oct. 3, 2016.
CITY OF DELANO
NOTICE OF PUBLIC HEARING
Notice is hereby given that the Delano Planning Commission will hold a public hearing at 7:00 p.m. or as soon thereafter on Monday, October 10, 2016 at the Delano City Hall, located at 234 2nd Street North, for the purpose of amending Section 51.01 Subd. B.2 (Definitions); Section 51.03 Subd. O (Alternative Energy Systems) and Sections 51.05 through 51.31 (Zoning Districts) of the Delano Zoning Code establishing zoning performance standard for the use of Alternative Energy Systems including Solar, Wind and Geothermal systems.
Notice is further given that any written or oral comments from citizens regarding the proposed zoning ordinance amendments will be heard at the public hearing. All interested persons are invited to attend the meeting and will be afforded the opportunity to speak on the applications during the public hearing.
Brian Bloch
Delano City Clerk
Published in the Delano Herald Journal Sept. 26, 2016.
City of Loretto
County of Hennepin
State of Minnesota
RESOLUTION NO. 2016-22
MOTION BY MEMBER: GIRK
SECONDED BY MEMBER: DANIELS
A RESOLUTION APPROVING
PUBLICATION OF ORDINANCE NO. 2016-03 BY TITLE AND SUMMARY
WHEREAS, on September 13, 2016 the City Council of the City of Loretto adopted Ordinance No. 2016-03 regarding Flood Plain Management; and
WHEREAS, Minnesota Statutes §412.191, subd.4 allows publication by title and summary in the case of lengthy ordinances upon a vote or 4/5 of the city council; and
WHEREAS, the City council believes that the following summary would clearly inform the public of the intent and effect of the ordinance.
NOW THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF LORETTO:
1. The City council of the City of Loretto has adopted Ordinance No. 2016-03, which repeals and replaces Section 413 of the Code of Ordinances of the City with a new Section 413. This ordinance regulates development in the flood hazard areas of the City of Loretto and maintains the community’s eligibility in the National Flood Insurance Program.
2. The City Clerk is directed to publish this resolution in lieu of publication of the entire ordinance.
3. The City Clerk is directed to post a copy of the entire text of Ordinance No. 2016-03 on the City Hall bulletin board for a period of not less than thirty (30) days. In addition, Ordinance No. 2016-03 is available by email upon request, or for inspection by any person during regular office hours at Loretto City Hall.
VOTING AYE
_X_ Daniel, Brenda
_X_ Girk, Cari
_X_ Koch, Kent
_X_ Neumann, John
_X_ Pepin, Henry
Whereupon, said Resolution is hereby declared passed on this 13th day of September, 2016.
/s/ Kent Koch, Mayor
Attest:
/s/ Mary K. Schneider,
City Clerk Treasurer
Published in the Delano Herald Journal Sept. 26, 2016.
ORDINANCE 2016-04
AN ORDINANCE OF THE CITY OF LORETTO, MINNESOTA, AMENDING
An Ordinance Amending Section 420:45 “General Provisions and Exceptions” to Opt-Out of the Requirements of Minnesota Statutes Section 462.3593
WHEREAS, the Loretto City Council held a public hearing on September 13, 2016 after providing notice as required by state statue and City Code, with respect to amending the Zoning Ordinance to opt-out of the rules and regulations regarding temporary family health care dwellings, codified in Minn. Stat. § 462.3593;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LORETTO DOES HEREBY ORDAIN:
Section 1. Section 420:45 of the Loretto Code of Ordinances is hereby amended to add Subd. 18 as follows:
Sub. 18.. Pursuant to authority granted by Minnesota Statutes, Section 462.3593, subdivision 9, the City of Loretto opts-out of the requirements of Minn. Stat. §462.3593, which defines and regulates Temporary Family Health Care Dwellings.
Section 2. This Ordinance shall be effective immediately upon its passage and publication.
Adopted by the Loretto City Council this 13th day of September, 2016.
/s/ Kent Koch, Mayor
Attest:
Mary K. Schneider,
City Clerk Treasurer
Published in the Delano Herald Journal Sept. 26, 2016.
CITY OF DELANO
ORDINANCE O-16-04
AMENDING ORDINANCE CREATING THE POSITION OF SCHOOL LIAISON ON THE PARK AND RECREATION COMMISSION.
WHERAS, City Code Section 209.01 of the City of Delano Code regulates the duties and functions of the Parks and Recreation Commission, and
WHERAS, the City of Delano frequently advertises for, solicits, and appoints qualified citizens to serve on various Boards, Commission, and Task Forces, and
WHEREAS, the City Council has determined that facilities, resources, interests, and needs of Independent School District #879 should be considered in decisions made by the Park and Recreation Commission.
NOW, THEREFORE BE IT RESOLVED THE DELANO CITY COUNCIL HEREBY ORDAINS THAT:
Subdivision 2 (School Liaison) of Section 209.01 (Park and Recreation Advisory Commission) of Chapter 2 (Operations and Administration) is added as follows:
Subd. 2. School Liaison. One member of the Delano Park and Recreation Commission shall be an appointee to the commission for a 12 month period after having been nominated by a representative of Independent School District #879 and approved by Delano City Council. The position shall have full voting rights, but shall not be eligible for reimbursement stipend from the City.
This amendment shall be in full force and effective immediately following its passage and publication.
This ordinance adopted by the Mayor and Council this 16th day of February, 2016.
Dale Graunke, Mayor
Attest: Brian Bloch,
Finance Director/Clerk
Published in the Delano Herald Journal Sept. 26, 2016.
CITY OF DELANO
COUNTY OF WRIGHT
STATE OF MINNESOTA
ORDINANCE NO. 0-16-05
AN INTERIM ORDINANCE ESTABLISHING A MORATORIUM ON THE ACCEPTANCE OF APPLICATIONS FOR, OR THE ISSUANCE OF, ANY CITY PERMITS FOR THE USE OF LAND FOR SOLAR , Wind, Or Geothermal ENERGY PRODUCTION AS A PRINCIPAL USE OR ACCESSORY USE IN ALL PARTS OF THE CITY
THE CITY COUNCIL OF THE CITY OF DELANO ORDAINS
WHEREAS, the City of Delano hereby adopts this ordinance to allow the City adequate time to study and consider appropriate land use controls regulating solar, wind and geothermal energy production or generation as a principal use or accessory use of land; and
WHEREAS, the City of Delano is presently conducting a study for the purpose of considering amendment of its official controls regarding appropriate regulations for solar, wind, or geothermal energy production or generation uses within its zoning districts; and
WHEREAS, such study is needed so the City can review its official controls, including its zoning regulations, to identify the potential issues and impact of solar, wind or geothermal energy production, and to clarify said regulations relating to solar, wind or geothermal energy generation or production as a principal use or accessory use; and
WHEREAS, there is a need for an interim ordinance to be adopted for the purpose of protecting the planning process and the health, safety, and welfare of the citizens of the City until such a study has been completed.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Delano, Minnesota:
1. Pursuant to Minn. Stat. § 462.355, et seq., the City hereby adopts and approves the order for interim ordinance temporarily prohibiting the City from accepting any application, or issuing any City permit, for solar, wind or geothermal energy production or generation, or any related or similar activity, as a principal use or accessory use within any portion of the City of Delano.
2. This ordinance shall take effect and be in full force from and after its passage and publication. It shall remain in effect until the adoption of the official controls contemplated herein or November 3, 2016, whichever occurs first, after which occurrence this ordinance shall lapse, unless properly extended pursuant to State law.
ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF DELANO, MINNESOTA THIS 3RD DAY OF MAY, 2016.
Dale Graunke, Mayor
Attest: Brian Bloch,
Finance Director/Clerk
Published in the Delano Herald Journal Sept. 26, 2016.
CITY OF DELANO
COUNTY OF WRIGHT
STATE OF MINNESOTA
ORDINANCE O-16-06
AN ORDINANCE AMENDING CHAPTER 4, PUBLIC PROTECTION AND GENERAL LICENSING BY AMENDING SECTION 423.01, SUBDIVISION 3 REGARDING OUTDOOR FURNITURE ON PUBLIC SIDEWALKS FOR RESTURANTS AND FOOD SERVICE BUSINESSES IN A B-4, CENTRAL BUSINESS DISTRICT.
THE CITY COUNCIL OF THE CITY OF DELANO ORDAINS:
Section 1. Chapter 4, Public Protection and General Licensing, is hereby amended to allow remove the prohibition of consumption of alcoholic beverages on the public sidewalk.
SECTION 423.01 USE OF PUBLIC SIDEWALK IN A B-4 ZONING DISTRICT.
Subd. 1 Intent. The Delano City Council may issue a business license to businesses located in the B-4, Central Business District to allow the placement of tables and/or chairs on a public sidewalk. The following criteria shall apply to the issuance of this business license.
Subd. 2 Permit Application. Eligible persons, organizations, or businesses must submit a license application, pay a permit fee set by the City Council by ordinance, and provide information and plans that demonstrate compliance with the performance standards of this Code. The application shall be submitted thirty (30) days prior to placement of any furniture on the public sidewalk.
Subd. 3 Performance Standards. The license applicant shall provide information/plans that demonstrates compliance with the following standards:
A. All outdoor furniture shall be in good condition, movable, and shall not be affixed to the public sidewalk. Furniture in disrepair shall be removed from the public sidewalk.
B. The area for the placement of furniture on the public sidewalk shall be limited to the length of the building façade of the business applying for the license and shall not encroach in front of adjoining businesses.
C. All outdoor furniture shall be set back a minimum of five (5) feet from back of street curb and shall provide a minimum of five (5) foot unencumbered pedestrian aisle between the furniture and other sidewalk features including, but not limited to, back of curb, tree grates, planters, utility poles, traffic/street signs, street lights, and the like. All outdoor furniture shall be set back fifteen (15) feet from a street intersection as measured at the intersecting edges of the street right-of-way.
D. No furniture shall be located so as to encroach into an area that may impede safe ingress or egress into the business or adjoining businesses.
E. Placement of furniture shall only be allowed on a public sidewalk between May 1st and October 31st of a calendar year. Businesses must provide a plan for the removal and storage of sidewalk furniture between November 1st and April 30th.
F. The businesses shall keep the outdoor furniture area in a clean and orderly condition. The accumulation of garbage, trash, or unclean conditions may be basis for revoking the license and removal of the furniture.
G. The serving or consumption of alcoholic beverages on the public sidewalk is prohibited.
G. Service and food consumption within the public sidewalk shall be limited to the hours of 8:00am to 10:00pm.
Subd. 4 Insurance. The City shall not be responsible for injury or property damage attributed to the placement of privately owned furniture on the public sidewalk. The license applicant shall provide insurance that will indemnify the City from any personal injury or property damage that results from issuance of the license allowing the business to use the public sidewalk. The insurance shall list the City as an insurer to be notified in the event of insurance cancellation.
Subd. 5 Responsibility of Owner and Licensee. The property owner and/or licensee shall be responsible to insure the activities and participants within the public sidewalk shall not violate the terms of the license, or violate the Delano City Code.
Subd. 6 Violations or Complaints. License violations, nuisance complaints, or code enforcement issues attributed to an outdoor furniture area on the public sidewalk may be grounds for denial of the license.
Subd. 7 Enforcement. Any violation of this ordinance, or of a license issued pursuant to the ordinance, is subject to enforcement as follows:
A. If it is a violation that affects the public health, safety and welfare, it is hereby declared a public nuisance, and is subject to all of the enforcement provisions of Chapter 8 of the City Code.
B. Any violation is grounds for revoking the license or not renewing the license.
C. Any violation shall constitute a misdemeanor and may be prosecuted as such.
Section 3. This ordinance shall be effective immediately upon its passage and publication according to law.
ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF DELANO, MINNESOTA THIS 21ST DAY OF JUNE, 2016.
Dale Graunke, Mayor
Attest: Brian Bloch,
Finance Director/City Clerk
Published in the Delano Herald Journal Sept. 26, 2016.
CITY OF DELANO
COUNTY OF WRIGHT
STATE OF MINNESOTA
ORDINANCE 0-16-07
AN ORDINANCE ANNEXING CERTAIN PROPERTY ABUTTING THE CITY OF
DELANO
Section 1. The City of Delano has received a petition for annexation by ordinance from the property owners, (City of Delano) of the land described on Exhibit A (the “Property”).
Section 2. The Property abuts the City of Delano, and is deemed to be urban or suburban in character or about to become so.
Section 3. The Property is open space and is intended to remain as open space/ parkland.
Section 4. Pursuant to Minnesota Statute § 414.033, no public hearing on the proposed annexation is required.
Section 5. The Property is appropriate for annexation to the City of Delano pursuant to Minnesota Statues §414.033, subd. 2 (1).
Section 6. The Property is hereby annexed to the City of Delano.
Section 7. The property is owned by the municipality of Delano as such it is exempt from the payment of property taxes to the township per Minnesota Statutes § 414.036.
Section 9. The City Clerk shall file this Ordinance with the State of Minnesota, Office of Administrative Hearings; Franklin Township; the Wright County Auditor; and the Minnesota Secretary of State; and a copy of this Ordinance shall be delivered immediately to the Wright County Auditor.
Section 10. This Annexation Ordinance shall be final on the date of Ordinance is approved by the State of Minnesota, Office of Administrative Hearings.
Section 11. This Ordinance shall be published in accordance with law.
ADOPTED BY THE MAYOR AND COUNCIL OF THE CITY OF DELANO, MINNESOTA THIS 21st DAY OF JUNE, 2016.
Dale Graunke, Mayor
Attest: Brian Bloch,
Finance Director/City Clerk
Published in the Delano Herald Journal Sept. 26, 2016.
CITY OF DELANO
COUNTY OF WRIGHT
STATE OF MINNESOTA
ORDINANCE NO. O-16-08
AN ORDINANCE ANNEXING CERTAIN PROPERTY ABUTTING
THE CITY OF DELANO
THE CITY COUNCIL OF THE CITY OF DELANO ORDAINS:
Section 1. The City of Delano has received a petition for annexation by ordinance from the sole property owner (Muller Family Theatre of Delano LLC) of the land described on Exhibit A (the “Property”).
Section 2. The Property abuts the City of Delano on two sides, consists of 5.36 acres, and is not presently served by public wastewater facilities or public wastewater facilities are not otherwise available.
Section 3. The Property is deemed to be urban or suburban in character or about to become so.
Section 4. The City of Delano has held a public hearing on Tuesday, August 2, 2016, regarding annexation of the Property and given 30 days written notice of the public hearing by certified mail to Franklin Township and to all land owners within and contiguous to the Property.
Section 5. The Property is appropriate for annexation to the City of Delano pursuant to Minnesota Statute §414.033, Subd. 2(3).
Section 6. The Property is hereby annexed to the City of Delano.
Section 7. Property taxes payable for the Property shall continue to be paid to Franklin Township for the year in which this annexation becomes effective. If this annexation becomes effective on or before August 1, 2016, the City of Delano shall levy on the Property beginning in 2016. If this annexation becomes effective after August 1, 2016, the City of Delano shall levy on the Property beginning in 2017.
Section 8. The City of Delano shall reimburse Franklin Township an amount equal to the Township’s share of 2016 property tax for two years ($8,570.32), all outstanding Township assessments levied against the annexation property ($0), and any debt that the Township incurred prior to annexation attributed to the annexation parcel. The City shall make two equal payments over the two years following annexation approval.
Section 9. The City Clerk shall file this Ordinance with the State of Minnesota, Office of Administrative Hearings; Franklin Township; the Wright County Auditor; and the Minnesota Secretary of State, and a copy of this Ordinance shall be delivered immediately to the Wright County Auditor.
Section 10. This Annexation Ordinance shall be final on the date the Ordinance is approved by the Chief Administrative Law Judge of the Office of Administrative Hearings.
Section 11. This Ordinance shall be published in accordance with law.
ADOPTED BY THE MAYOR AND COUNCIL OF THE CITY OF DELANO, MINNESOTA THIS 2nd DAY OF AUGUST, 2016
Dale Graunke, Mayor
ATTEST: Brian Bloch, City Clerk
Exhibit A – Legal Description:
4423 US Highway 12 SE
PID 208 200 112107
Sect-11 Twp 118 Range-025 UNPLATTED LAND FRANKLIN TWP3 TH PRT OF W35A OF TH PRT OF E1/2OF NW1/4LY N OF DELANO AND WAVERLY RD<B OF LT5 OF NW 1/4DES COM NW COR TH N89D42’14”E ALG N LN OF NW1/4 1859.61 FT TH S1D10’48”E 464.86FT TO POB TH S1D10’48”E 892.07FT TH N65D19’12”E 521.65FT TH N7D0’43”W 121.76FT TO SWLY R/W OF HWY12 TH NWLY ALG SD R/W LN ALG CRV NOT TAN TO LST DES LN 712.34FT SD CRV HAS CTRL AGL 13D57’08”RAD 2925.286FT CHORD OF CRV BRS N32D36’35”W TH S64D 21’59”W 104.89FT TO POB EX TH PRT SHWN AS PARCEL 53 ON MNDOT R/W PLAT NO86-18
Published in the Delano Herald Journal Sept. 26, 2016.
MINUTES
Regular Meeting of the Board of
Education
Independent School District 879,
Delano Public Schools
The regular meeting of the Board of Education of Independent School District 879, Delano, Minnesota, was held on Monday, August 22, 2016, at Delano City Hall. The meeting was called to order by the chair at 5:46 p.m. with the following members in attendance: Baker, Seguin, Durick, Johnson, Milano, Black. Absent: Larson.
APPROVAL OF MEETING AGENDA (approved unanimously)
WORK SESSION
Board reviewed discussion items: TAC membership rates, POC Committee update, policy review.
PROGRAM REVIEW
Status of IT Department - Nick Main
CONSENT AGENDA (approved unanimously)
Board approved the regular meeting minutes of 7-25-16 and special meeting minutes of 8-4-16 and 8-16-16, the current budget status with year-to-date adjustments, investment transactions, construction bond investment transactions, wire transfers, Minnesota Liquid Assets fund, cash report, revenue and expense fund totals, expense reports and disbursements.
RESOLUTION OF ACCEPTANCE OF GIFTS (approved unanimously)
PERSONNEL (approved unanimously)
Board approved retirements/resignations/terminations, recommendations of employment and contract changes which include: Retirements/Resignations/Terminations include: (2)ES Paraprofessional, Classroom Para & Screening RN, TKC Classroom Assistant, ES Phy. Ed./DAPE Teacher, Wee Tiger Preschool Lead Teacher. Recommendations of Employment include: MS Tennis Coach, ES 2nd Grade Teacher, ES 2nd Grade Long-term Substitute, MS Nurse, Volleyball Camp Assistant, C-Team Girls Soccer Coach, JV Tennis Coach, ES 3rd Grade Long-term Substitute, Tennis Camp Assistant, District Nurse. Contract Changes/Approvals/Position Changes: 2016-2018 Principals’ Association Contract, 2016-2018 Health Office Professionals Labor Agreement, Copy Room Paraprofessional. Leaves of Absence: ES 2nd Grade Teacher, HS Custodian.
ADMINISTRATIVE AND BOARD REPORTS
Board heard the following administrative reports: Superintendent Schoen reported on building projects and all-staff meeting. B. Voight reported on technology integrationist, WEB Orientation, open house and staff team building activities. D. Schuler reported on orientation days, 2016-17 enrollment, new teachers, professional development training. S. Heil reported on 9th Grade/New Student Orientation, AP and ACT test results. M. Reeder reported on school board candidates and snowplowing bids. D. Johnson reported on fall CE brochure, Artist in Residency, Concerts in the Park, CE Open House, TKC Orientation Day, Destination Imagination Open House, Tiger Strength program, youth football and aquatics program. Board heard reports from: MAWSECO and Wright Technical Center.
OLD BUSINESS (approved unanimously)
Approved second read of policies 410, 707 and 707.1 due to substantive and/or legal reference changes.
NEW BUSINESS (approved unanimously)
Approved first and only read of policies 420, 529, 620 and 809 due to non-substantive and/or legal reference changes, first read of policies 721, 509, 532 and 805 due to substantive and/or legal reference changes, 2016-2017 Tiger Activity Center Membership Rates.
The meeting adjourned at 8:26 p.m. The preceding is a summary of the unofficial minutes. The full text of the unofficial minutes are on file in the District Office, 700 Elm Avenue East, Delano, Minnesota and also available on the school district’s website www.delano.k12.mn.us. The next regular meeting of the Board of Education will be held on Monday, September 26, 2016, at 5:45 p.m. at Delano City Hall.
Carolyn Milano,
Board of Education Clerk
Published in the Delano Herald Journal Sept. 26, 2016.