Delano Herald Journal Legal Notices
New public notices published in the issue of July 10, 2020

The Planning Commission will hold a virtual public hearing in accordance with the Mayor and City Council Declaration dated, April 2, 2020, (access to the public hearing can be made by telephone or computer, a phone number and link will be provided on the City of Independence website or by calling the City during regular business hours) on Tuesday July 21, 2020 at 7:30 p.m. to review the following request:
1. PUBLIC HEARING: PTS Products, Inc. (Applicants/Owners) requests that the City consider the following action for the property located at 6511 US Highway 12 (PID No. 22-118-24-44-0011) in Independence, MN:
a. A variance to allow a new detached accessory building to have the same exterior siding as the existing building. The exterior siding does not meet the applicable design standard requirements of the City Ordinance for properties zoned CLI – Commercial Light Industrial.
b. Site plan approval for a commercial property.
2. PUBLIC HEARING: John Sega (Applicant) and MN Horsepower LLC (Owner) request that the City consider the following action for the property located at 9255 County Road 6 (PID No. 31-118-24-34-0002) in Independence, MN:
a. A conditional use permit amendment allowing the following:
i. Expansion of the existing commercial riding stable by combining two of the existing accessory buildings via an enclosed connection that would create a single building that would exceed the maximum allowable square footage of 5,000 square feet without a conditional use permit.
The items highlighted above may have a direct or indirect effect on your property. All persons wishing to be heard with reference to these applications will be given the opportunity at this meeting. Written comments can be directed to City Hall, 1920 County Road 90, Independence, MN 55359. Plans will be available for review at the City Office prior to the meeting (please call ahead to ensure that the plans are on file).
By Order of the Planning Commission
Published in the Delano Herald Journal, July 10, 2020.
City of LorettoNotice of Filing Dates for Municipal Election
NOTICE IS HEREBY GIVEN, that the dates for filing affidavits of candidacy for the City of Loretto, County of Hennepin, State of Minnesota, for the following offices to be voted for at the November 3, 2020 General Election will be from July 28th through August 11th, 2020:
Mayor – Two-year term
Two Council Positions – Four-year terms
Loretto residents wishing to file may do so at Loretto City Hall, 279 N. Medina Street, Suite 260 during regular office hours of 8:00 a.m. to 2:00 p.m. on Mondays, Tuesdays, Wednesdays and Fridays.
The final day to file will be Tuesday, August 11th from 8:00 a.m. to 5:00 p.m. The filing fee is $2.00.
Mary K. Schneider
City Clerk Treasurer
Published in the Delano Herald Journal, July 10, 2020.
City of DelanoNotice of Filing Affidavit of Candidacy
Notice is hereby given that the period for filling affidavits of candidacy for the office of City Council of the City of Delano will begin on Tuesday, July 28, 2020, and will close at 5:00pm on Tuesday, August 11, 2020. Affidavits of candidacy are available at the City Clerk’s office at Delano City Hall, 234 2nd Street North, PO Box 108, Delano, MN 55328. The filing fee is $2.00.
The general election will be held on Tuesday, November 3, 2020. At that election, the following will be voted on: two (2) City Councilmembers will be elected to the Delano City Council for four (4) years each:
Two (2) City Councilmembers – each position is a four (4) year term
A candidate for this office must be an eligible voter, must be 21 years of age or more on assuming office, must have been a resident of the City of Delano for 30 days before filing for office and must have no other affidavit on file for any other office at the general election.
Once an Affidavit is submitted, the candidate may withdraw from the election by filing an affidavit of withdrawal with the City Clerk no later than 5:00pm two (2) days after the last day for filing affidavit of candidacy. Thereafter, no candidate may file an affidavit of withdrawal.
The current City Councilmember terms of Betsy Moran and Jon Sutherland will expire December 31, 2020. Those elected on November 3rd will begin their duties the first business day of 2021 and continue through the last business day of 2024.
If you have questions about filing for office, please contact Paula Bauman by phone at 763-972-4420 or by email - pbauman@delano.mn.us.
Paula Bauman
City Clerk
Published in the Delano Herald Journal, July 10, 17, and 24, 2020.
Section 1. City Code Chapter 8, Section 801.01 is hereby amended to add the following underlined text:
SECTION 801.01. PUBLIC NUISANCE AFFECTING HEALTH. The following are hereby declared to be public nuisances affecting health:
1. Exposed decayed or unwholesome food, and decayed vegetable matter, unless contained within a composting area approved by the Council.
2. Violations of the following provisions of City Code Section 406.01, as it may be amended from time to time, relating to animals:
a. Dogs running at large (Section 406.01, subd. 4.A)
b. Habitual barking of dogs (Section 406.01, subd. 4.B)
c. Clean up of dog litter (Section 406.01, subd. 4.C)
d. Failure to provide basic animal care (Section 406.01, subd. 18);
e. Carcass of animals not properly and legally buried or destroyed within 24 hours after death;
f. Chicken keeping permit standards (Section 406.01, subd. 24)
g. Keeping of prohibited wild/exotic animals (Section 406.01, subd. 6)
h. Noncompliant dog enclosure (Section 406.01, Subd. 23).
3. Accumulations of manure, refuse, open food packaging, or other debris;
4. All ponds or pools of stagnant water
5. The discharge, disposal, accumulation, or collection of sewage or industrial waste in violation of Chapter 6 of this Code;
6. Privy vaults or garbage cans which are not completely sealed, rodent-free and fly tight or which are maintained so as to constitute a health hazard or to emit foul and disagreeable odors;
7. The pollution of any public well or cistern, stream or lake, canal or body of water by sewage, industrial waste, or other substances;
8. All noxious weeds, any weeds in excess of 10 inches in height, and other rank growths of vegetation upon public or private property, except for prairie grass installed pursuant to a City-approved landscape plan.
9. Violation of the City Code Section 805.01 relating to lawn maintenance.
10. All diseased or dead trees, shrubs, and other vegetation on public or private property.
11. Dense smoke, noxious fumes or gases and soot, particulate matter or cinders, sufficient to make the occupancy of property uncomfortable to a person of ordinary sensibilities.;
12. All facilities or conditions contributing to the spread of a contagious disease;
13. Any trade or business not licensed by the City.
14. The influence from any cesspool, septic tank, drain field or sewage disposal system discharging upon the surface of the ground.
15. Breeding sites of the aedes triseriatus (tree hole mosquito), including unused tires (not mounted on wheels), pots, pans, cans, pails, bottles and other containers left outdoors in which water or debris may accumulate.
Section 2. City Code Chapter 8, Section 801.02 is hereby amended to add the following underlined text:
SECTION 801.02. PUBLIC NUISANCES AFFECTING MORALS AND DECENCY. The following are hereby declared to be nuisances affecting public morals and decency.
1. All gambling devices, activities and premises in violation of law;
2. All houses kept for the purpose of prostitution or where prostitution occurs; 8-3
3. All places where alcoholic beverages are manufactured, disposed of, consumed, or kept for sale in violation of law, and all alcoholic beverages and property used for maintaining such a place;
4. Any vehicle used to transport illegal property, to conduct illegal activities, or for any other illegal purpose.
Section 3. Chapter 8, Section 801.03 is hereby amended to add the following underlined text:
SECTION 801.03. PUBLIC NUISANCES AFFECTING PEACE, SAFETY AND THE GENERAL WELFARE. The following are declared to be nuisances affecting public peace and safety and the general welfare:
1. All snow and ice not removed from public sidewalks 24 hours after the snow or other precipitation causing the condition has ceased to fall;
2. All trees, hedges, billboards, or other obstructions which prevent persons from having a clear view of all traffic approaching an intersection;
3. All wires, limbs of trees, or other obstructions which are so close to the surface of a sidewalk or street as to constitute a danger to pedestrians or vehicles;
4. All excessive noises and vibrations;
5. Obstructions and excavations in, on or under public streets, alleys, sidewalks, or public grounds except under such conditions as are permitted by this Code or other applicable law;
6. Placing or storing on any street, sidewalk, alley, or public right-of-way any boxes, goods, wares, merchandise, building materials, machinery, sandwich board/commercial sign, recreational equipment, business or trade article, except for the purpose of immediately transferring the same to some other proper place or sandwich boards/commercial signs that allow at least 36 inch clearance on the sidewalk (for purposes of compliance with the Americans with Disabilities Act) and are removed when the business is not open.
7. Any tree, shrub, bush, or other vegetation located on private property which obstructs routine use or travel on any public right-of-way;
8. Aerials or antennae erected or maintained in a dangerous manner;
9. Any use of property abutting on a public street or sidewalk or any use of a public street or sidewalk which causes large crowds of people to gather, obstructing traffic and the free use of the street or sidewalk;
10. All hanging signs, awnings, and other similar structures over streets and sidewalks, so situated so as to endanger public safety, or not constructed and maintained as provided by ordinance;
11. Rain water, ice, or snow allowed to fall from any building or structure upon any street or sidewalk or to flow across any sidewalk; 8-4
12. Any barbed wire fence or other fence that may inflict harm to persons or property which is within 10 feet of a public sidewalk or way;
13. All dangerous, unguarded machinery in any public place, or situated or operated on private property so as to attract the public;
14. Waste water cast upon or permitted to flow upon streets or other public property;
15. Accumulations in the open of discarded or disused machinery, household appliances, automobile bodies, or other like material;
16. Accumulation in the open of broken or unused metal, wood, lumber, cement, electrical fixtures, plumbing fixtures, building materials (but excluding building materials awaiting use in construction or improvement presently in progress on the same premises);
16. Any violation of City Code Section 804.01 relating to abandoned or inoperable motor vehicles
17. Property that has been disturbed by construction, grading, or other activity and is not seeded, sodded, or otherwise planted with a ground cover within 240 days, unless the 240 days expires between November 1 and May 15, in which case the ground cover must be established by the following July 15, unless the city approves a time extension;
18. The accumulation of any piles of wood that are not:
a. neatly stacked;
b. stacked or secured in a stable manner to avoid collapse.
c. located in the back or side yard; or
d. located farther than 10 feet of any side or rear lot line.
19. A structure, or a portion of a structure, located in a residential zoning district, if the exterior is not completed in accordance with city-approved construction plans within 180 days after the date that the city building permit was issued;
20. Construction materials, including piles of dirt, sand, and sod, left in the open on property more than 60 days after construction has been completed or a certificate of occupancy has been issued, whichever occurred first;
21. A truck or other vehicle whose wheels or tires deposit mud, dirt, sticky substances, litter or other material on any street or highway;
22. Discarded construction material or other litter at a construction site that is not placed in an adequate waste container or that is allowed to blow around or off the site;
23. Reflected glare or light from private exterior lighting exceeding five- four tenths foot-candles as measured on the property line of the property where the lighting is located when abutting any residential parcel and one foot-candle when abutting any commercial or industrial parcel;
24. The placement of mailboxes and other delivery receptacles on public right of way, except those that comply with the following: 8-5
a. Must be in compliance with United States postal service requirements for location and type, and
b. Must be installed as far back from the street pavement as reasonably practical to avoid snow plowing damage.
25. Gravel driveways maintained in such a manner that the gravel erodes into, or is placed in, a public street or a water resource such as a wetland, creek, pond, drainage ditch or swale, or lake;
26. Any well, hole, or similar excavation which is left uncovered or in such other condition as to constitute a hazard to any child or other person coming on the premises where it is located;
27. Obstruction to the free flow of water in a natural waterway or a public street drain, storm sewer, gutter, swale, approved subdivision drainage pattern, or ditch with trash or other materials;
28. Digging, excavations, placing culverts, placing dams, or doing any act which may alter or affect the drainage of public property streets, alleys or sidewalks; or alter or affect flows of the public storm sewer and drainage ditch system, without authorization by the City;
29. The placing or throwing on any street, sidewalk, or other public property of any glass, tacks, nails, bottles, or other substance which may injure any person or animal or damage any pneumatic tire when passing over such substance;
30. Garbage or refuse deposited on a public right-of-way or on adjacent private property;
31. Throwing, placing, or depositing dirt, sand, leaves, trash, lawn clippings, weeds, grass, snow, or other materials in the streets, sidewalks, other public ways and the gutters thereof;
32. Permitting dirt or mud from construction or landscaping activities to be carried or deposited unto nearby streets, sidewalks, other public ways and the gutters thereof;
33. Operation of any artificial lighting facilities upon any private property without an effective shade or equivalent device to protect nearby residential premises from being adversely affected thereby;
34. Any refrigerator, ice box, or freezer not in use with door latch intact which is accessible to children.
34. Parking or storage of a motor vehicle or trailer on a surface that is not paved or graveled for the intent of vehicle parking.
35. Any violation of the rules for conducting garage or yard sales contained in City Code Section 418.01.
36. All other public conditions or things which are likely to cause injury, to the person or property of anyone, or which endanger the public health, safety or welfare;
Section 4. City Code Chapter 8, Section 808.01, subdivision 2, is hereby amended to add the following underlined text:
Subd. 2. Nuisances Declared. The following are declared to be public nuisances whenever they may be found within the City:
A. Any living or standing elm tree or part thereof infected to any degree with the Dutch Elm Disease fungus, Ceratocystis Ulmi (Buisman) Moreau, or which harbors any of the elm bark beetles, Scolytus multistrailus (eich.) or Hylurgopinus rufipes (March).
B. Any dead elm tree or part thereof, including logs, branches, stumps, firewood, or other elm material from which the bark has not been removed and burned or sprayed with an effective elm bark beetle insecticide.
C. Any living or standing oak tree or part thereof infected to any degree with the oak wilt disease fungus ceraloiystis fogacearum.
D. Any dead oak tree or part thereof which, in the opinion of the Forester, constitutes a hazard, including, but not limited to, logs, branches, stumps, firewood, or other oak 8-21 material, which has not been stripped of its bark and burned or sprayed within an effective fungicide.
E. Any other shade trees with an epidemic disease.
Section 5. City Code Chapter 8, Section 814.01 is hereby deleted in its entirety and replaced with the following::
SECTION 814.01. NUISANCE ENFORCEMENT: The City may pursue enforcement of all nuisance violations in accordance with City Code Section 105.02 relating to administrative citations and fines. It is unlawful for any person to create, maintain, or fail to abate any activity or condition that is declared by any Section in this Chapter to be a nuisance and any violation shall be a misdemeanor.
This Ordinance will become effective from and after its passage and publication.
Adopted by the City Council of the City of Delano, Minnesota this _____ day of ________, 2020.
Dale Graunke, Mayor
Paula Bauman, City Clerk
Published in the Delano Herald Journal, July 10, 2020.
That Chapter 1 of the Code of Ordinances, City of Delano, Minnesota is hereby amended by adding a new Section 105.02 regarding administrative citations and fines, which shall read as follows:
Subd. 1. Purpose. It is the intent and purpose of this Section to provide the City with an informal, cost-effective and efficient alternative to criminal prosecution or civil litigation for violations of the City Code. The City retains the right, at its sole discretion, to enforce provisions of the City Code by bringing criminal charges or commencing civil litigation in any case where the City determines it is appropriate or necessary, but finds that an administrative enforcement process is beneficial to the residents of the City and that such a process will provide a legitimate and necessary alternative method of enforcing Code violations that will facilitate compliance with the Code and reduce costs and delays in its enforcement.
Subd. 2. General provisions.
A. Administrative Offenses. For purposes of this Section, ”administrative offense” means any violation of the City’s Nuisance Code, Chapter 8 of the City Code. An administrative offense may be subject to an administrative citation and administrative fines as provided in this Section.
B. Continuing Violations. Each day that an administrative offense exists shall constitute a separate and distinct offense for which a separate penalty may be imposed.
C. Maximum Penalty. An administrative offense may be subject to administrative fines not exceeding a cumulative total of $2,000.00.
D. Schedule of Fines. The City Council shall adopt by ordinance, as part of its fee schedule, a schedule of administrative fines for administrative offenses. A current fee schedule shall be kept on file at City Hall.
E. No Limitation on Remedies. Nothing herein is intended or shall require the City to utilize the administrative citation process or otherwise pursue the remedies outlined in this Section. The City retains the right to pursue any and all other remedies authorized by law to enforce the City Code or penalize violations of City ordinances, including, but not limited to, issuance of a stop work order, abatement, criminal prosecution, or application for injunctive relief or other civil enforcement.
Subd. 3. Notice of Violation/Administrative Citation.
A. Notice of Violation. The City Administrator, Code Enforcement Officer, Building Inspector, City law enforcement officers, any member of the City fire department, or any member of City staff to whom such authority is delegated by the City Administrator (the “Enforcement Officer”) may enforce the provisions of the City Code and may enter the property on which the administrative offense is suspected with the consent of the property owner or occupant or upon securing a search warrant. Property inspections may also occur from adjoining properties with the permission of the adjoining property owner or from public rights of way. If the Enforcement Officer has a reasonable belief that an administrative offense exists, the Enforcement Officer shall notify the City Administrator. The Enforcement Officer may then deliver, either in person or by United States certified mail, written notice of violation to a person suspected or known to have committed an administrative offense and/or to the owner of property upon which an administrative offense has been or is being committed. The notice shall identify the administrative offense, the location of the property upon which the administrative offense occurred or is occurring, the required corrective action, the time for compliance, and the opportunity to request an extension. Except in the case of a violation which constitutes an immediate danger to public health, safety or welfare for which immediate corrective action is required, the notice shall state that the alleged violator has, at the discretion of the Enforcement Officer, up to fifteen (15) days to correct or abate the administrative offense. If the alleged violator and/or owner of property upon which an administrative offense is being committed is unable to correct or abate the offense within the prescribed time, that person may submit a written request to the Enforcement Officer for an extension of no more than thirty (30) additional days. Any extension granted by the Enforcement Officer in the exercise of his or her sole discretion shall be in writing and shall specifically state the date of expiration. If the administrative offense is not corrected or abated as outlined in the notice within the prescribed time or any extension thereto, the Enforcement Officer may issue an administrative citation and fine as provided in Subd. 3.C below.
B. Repeat Violations. Notwithstanding the requirements of Subd. 3. A. above, an administrative citation may be issued without prior delivery of a written notice of violation if the City Administrator or the Enforcement Officer determines that the alleged violation is a repeat violation. For purposes of this section, an alleged violation will be considered a “repeat violation” if:
1. It is committed by the same individual or entity or is committed on the same property as the initial violation;
2. It is a violation of the same provision of Chapter 8 of the City Code as the initial violation;
3. It is committed within two years after the initial violation;
4. Written notice was sent for the initial violation as provided by Subd. 3.A; and
5. The initial violation resulted in the issuance of an administrative citation or imposition of another penalty which was either upheld on appeal or for which an appeal was not made.
C. Administrative Citation. Upon reasonable belief that an administrative offense has occurred and has not been corrected or abated as required by the written notice of violation or approved extension thereof, the Enforcement Officer shall issue an administrative citation to the person responsible for the offense either by personal delivery or by certified mail. The Enforcement Officer shall also deliver a copy of the administrative citation to the City Administrator and, if the person responsible for the offense is not the property owner, shall deliver a copy of the administrative citation to the owner of property upon which the administrative offense has been or is being committed. The administrative citation must state the date, time, and nature of the offense, the name of the official issuing the citation, the amount of the administrative fine, and the manner for paying the fine or appealing the citation.
Subd. 4. Administrative Fines; Payment or Request for Hearing. Within fifteen (15) days after service of the citation, the alleged violator must either pay the administrative fine or deliver a written request for an appeal of the citation and fine to the City Administrator. Payment of an administrative fine or failure to request an appeal within the required time period constitutes admission of the violation and waiver of the right to appeal.
Subd. 5. Administrative Fines; Late Payment or Failure to Pay.
A A late payment fee of ten percent (10%) of the fine may be assessed for each 30-day period or part thereof that the fine remains unpaid after the due date.
B If an administrative fine is not paid within the time specified, it will constitute:
1. A lien on the real property upon which the violation occurred if the property or improvements on the property was the subject of the violation and the property owner was notified of the violation; and
2. A personal obligation of the violator.
C. If the property or improvements on the property was the subject of the violation and the property owner was responsible for the violation, the amount of the unpaid fine may be specially assessed and collected against the property upon which the violation occurred in the same manner as taxes.
D. A personal obligation may be collected by any appropriate legal means.
E. During the time that an administrative fine remains unpaid the person or property responsible for paying the fine shall be ineligible to receive any license, permit or other approval required by the City Code or otherwise to be issued by the City.
F. Failure to pay an administrative fine, unless the fine is under appeal, is grounds for suspension or revocation of a license, permit or other approval related to the violation.
Subd. 6. Appeal; Administrative Hearing.
A. A citation may be appealed to a panel of two (2) Councilmembers and one (1) member of the Planning Commission (the “Appeal Panel”).
B. The alleged violator may request an appeal by submitting a written request to the City Administrator either in person or by mail within 10 days of the issuance of the citation. The Appeal Panel will endeavor to hear the appeal within 30 days after the date an appeal request has been received, and in no event later than 60 days after the City Administrator’s receipt of the appeal request, unless a later time is agreed to by the parties. At the hearing, the parties may present testimony and documentary evidence and question witnesses, but strict compliance with Minnesota Rules of Evidence will not be required. The hearing must be audio recorded.
C. Upon the Appeal Panel’s own initiative or upon written request of an interested party demonstrating the need, the Appeal Panel may require the attendance of a witness or submission of photographs, papers, records or other documents that are material to the matter being heard. Failure or refusal without just cause to attend and testify or to produce the required documents may be a consideration in the Appeal Panel’s decision and recommendation.
D. The Appeal Panel shall consider the record and any additional evidence presented at the hearing before making a determination. The Appeal Panel shall receive and give weight to any evidence, including hearsay evidence that possesses probative value commonly accepted by reasonable and prudent people in the conduct of their affairs. The City will have the burden of proving the existence of a violation and the reasonableness of any required corrective action by a preponderance of the evidence. The determination of the Enforcement Officer will be given substantial weight by the Appeal Panel. The Appeal Panel shall prepare written findings and conclusions detailing its decision.
E. The Appeal Panel has the authority to determine that a violation occurred, dismiss a citation, impose the scheduled fine, reduce, stay or waive a scheduled fine either unconditionally or upon compliance with appropriate conditions, or increase the fine over the amount set forth in the fee schedule if the actual costs of enforcement (including, but not limited to, the costs of the administrative hearing) are shown by a preponderance of the evidence to be greater than the amount of the scheduled fine, provided that the administrative fines plus the actual costs of enforcement do not exceed $2,000. Late charges may be assessed in addition to the fine and are not included in the calculation of the maximum penalty per offense. When imposing an administrative fine for a violation, the review panel may consider any or all of the following factors:
(i) the duration of the violation;
(ii) the frequency or reoccurrence of the violation;
(iii) the seriousness of the violation;
(iv) the history of the violation;
(v) the good faith effort by the violator to comply with the notice of violation;
(vi) the economic impact of the fine on the violator;
(vii) the impact of the violation upon the community; and
(viii) any other factors appropriate to a just result.
F. The City may suspend or revoke a City-issued license, permit, or other approval associated with the violation, subject to any applicable procedural requirements contained in the City Code. Suspension or revocation of a license, permit or other approval is authorized regardless of whether additional penalties (such as administrative fines) are imposed for the violation.
G. Failure to attend a scheduled hearing constitutes a waiver of the violator’s right to an administrative hearing and an admission of the violation. The Appeal Panel may waive this result upon a showing of good cause. Examples of “good cause” include, but are not limited to: death or incapacitating illness of the accused or a close family member; a court order requiring the accused to appear for another hearing at the same time; and lack of proper service of the citation or notice of the hearing. “Good cause” does not include forgetfulness or intentional delay.
Subd. 7. Judicial Review. An aggrieved party may obtain judicial review of the decision of the Appeal Panel by applying to a court of competent jurisdiction.
This Ordinance will become effective from and after its passage and publication.
Adopted by the City Council of the City of Delano, Minnesota this 16 day of June, 2020.
Dale Graunke, Mayor
Paula Bauman, City Clerk
Published in the Delano Herald Journal, July 10, 2020.