Minutes of the Fairmont City Council meeting held on January 10, 2011, in the City Council Chambers. Mayor Randy J. Quiring, Ward 1 Council member Darin Rahm, and Ward 3 Council member Joseph Kallemeyn were sworn in to serve a four year term on the City Council from January, 2011 through December 31, 2014. Mayor Randy Quiring called the meeting to order at 5:30 p.m. Council members Clerc, Gorath, Kallemeyn, Lucas, and Rahm were present. Also in attendance were: City Administrator Jim Zarling; Assistant City Administrator Mike Humpal; City Attorney Elizabeth Bloomquist; Public Works Director/City Engineer Troy Nemmers; City Finance Director Paul Hoye; Police Chief Greg Brolsma; and City Clerk Susan Olson. It was moved by Council member Lucas, seconded by Council member Clerc and carried to approve the minutes of the regular City Council meeting on December 13, 2010. The following comment(s) were received by the City Council during Open Discussion: o Event organizers Kent Senf, 2017 Knollwood Drive; Mark Fujan, 304 Krahmer Drive; and Dennis Junkemeier, 504 Canyon Drive; updated the City Council and Fairmont citizens on the upcoming “Winter Festival/Pond Hockey Tournament” to be held January 14 and 15, 2011. o City Administrator Zarling provided the City Council with the history concerning an existing sidewalk snow removal situation on South State Street (T.H. 15 South), from the Fareway grocery store south to School Street. Mr. Scott Lorentz of 943 Victoria Street spoke to the City Council explaining the safety hazard that exists in this area because the snow is not removed from the public sidewalk. City Administrator Zarling explained the hardship to the property owners because State Highway Department plows this highway several times a day during and after a snowfall event. Following Council discussion, it was agreed to suspend fining these property owners along this stretch of highway for failure to remove snow from their sidewalk. It was recommended the State be contacted to explore options to alleviate this problem. o Fairmont citizens Bob Seidel (601 Shoreacres Drive), Henry Roehler (600 Cardinal Street), Peter Malecha (1821 Knollwood Drive), and Dr. Lael Luedtke (407 Budd Lake Drive) addressed the City Council to debate the Council’s earlier decision to continue using surface water versus using ground water as a source for the City of Fairmont’s drinking water when the new water treatment plant is built. Following the discussion, Council and staff encouraged citizens to attend the Council meeting on Monday, January 24, 2011 when the engineers from Advanced Engineering and Environmental Services will be present to address questions and concerns. Mayor Quiring read a proclamation proclaiming the week of February 7 through February 14, 2011, as “Congenital Heart Defect Awareness Week” in the City of Fairmont, Minnesota. Mayor Quiring read a proclamation proclaiming the month of January, 2011, as “Mentoring Month” in the City of Fairmont, Minnesota. An ordinance granting a cable television franchise to Midcontinent Communications was presented to the City Council at the November 22, 2010 meeting. A public hearing was scheduled to be held on Monday, January 10, 2011. Mayor Quiring opened the public hearing to allow all interested persons an opportunity to speak to this proposed ordinance. Mr. Dan Nelson, representing Midcontinent Communications, was present for the public hearing. There being no public input, a motion was made by Council member Gorath, seconded by Council member Clerc and carried to close the public hearing. Council member Gorath introduced and moved for the adoption of Ordinance No. 2011-01 granting a franchise to Midcontinent Communications to maintain a cable communications system in the City of Fairmont. Council member Kallemeyn seconded the motion for its adoption. On roll call: Council members Clerc, Gorath, Kallemeyn, Lucas and Rahm all voted aye. No one voted nay. Mayor Quiring declared said ordinance to have received the affirmative vote of the entire Council and he then declared the same to be passed, approved and adopted. An ordinance amending the existing ordinance relating to softened water rates was presented to the City Council on December 13, 2010. A public hearing was scheduled to be held on Monday, January 10, 2011. Mayor Quiring opened the public hearing to allow all interested persons an opportunity to speak to the proposed ordinance. Fairmont citizens Bob Seidel (601 Shoreacres Drive), Peter Malecha (1821 Knollwood Drive), and Richard Johnson (1541 Southgate Drive) spoke during the public hearing. Following discussion, a motion was made by Council member Lucas, seconded by Council member Clerc and carried to close the public hearing. Council member Lucas introduced and moved for the adoption of Ordinance No. 2011-02 amending Ordinance No. 2010-01 relating to softened water rates and approving a 23% water rate increase. Council member Rahm seconded the motion for its adoption. On roll call: Council members Gorath, Kallemeyn, Lucas, Rahm and Clerc all voted aye. No one voted nay. Mayor Quiring declared said ordinance to have received the affirmative vote of the entire Council and he then declared the same to be passed, approved and adopted. An ordinance amending the existing ordinance relating to wastewater rates was presented to the City Council on December 13, 2010. A public hearing was scheduled to be held on Monday, January 10, 2011. Mayor Quiring opened the public hearing to allow all interested persons an opportunity to speak to the proposed ordinance. There being no public input, a motion was made by Council member Lucas, seconded by Council member Gorath and carried to close the public hearing. Council member Lucas introduced and moved for the adoption of Ordinance No. 2011-03 amending Ordinance No. 2010-02 relating to Public Utility wastewater rates and approving a 3% wastewater rate increase. Council member Gorath seconded the motion for its adoption. On roll call: Council members Kallemeyn, Lucas, Rahm, Clerc, and Gorath all voted aye. No one voted nay. Mayor Quiring declared said ordinance to have received the affirmative vote of the entire Council and he then declared the same to be passed, approved and adopted. An ordinance amending Fairmont City Code Section 26-160. I-1 Light Industrial District by adding crematoriums as an allowable use was presented to the City Council on December 13, 2010. A public hearing was scheduled to be held on Monday, January 10, 2011. Mayor Quiring opened the public hearing to allow all interested persons an opportunity to speak to the proposed ordinance. There being no public input, a motion was made by Council member Rahm, seconded by Council Gorath and carried to close the public hearing. Council member Clerc introduced and moved for the adoption of Ordinance No. 2011-04 amending City Code Section 26-160. I-1 Light Industrial District adding crematoriums as an allowable use. Council member Lucas seconded the motion for its adoption. On roll call: Council members Lucas, Rahm, Clerc, Gorath and Kallemeyn all voted aye. No one voted nay. Mayor Quiring declared said ordinance to have received the affirmative vote of the entire Council and he then declared the same to be passed, approved and adopted. A resolution to vacate a portion of Seventh Street west of North Main Street was presented to the City Council on December 13, 2010. A public hearing was scheduled to be held on Monday, January 10, 2011. Because it was determined this action was no longer required, the public hearing was not held and no Council action was necessary. Hy-Vee, Inc. has requested a conditional use permit to operate a motor fuel station/convenience store at 907 South State Street. A motion was made by Council member Rahm, seconded by Council member Gorath and carried to approve this conditional use permit allowing a motor fuel station/convenience store in a B-3 General Business District. The Borderline Cruisers Car Club has requested approval to barricade several downtown streets for their annual car show to be held on Saturday, June 11, 2011. A motion was made by Council member Gorath, seconded by Council member Clerc and carried to approve this request. Fairmont Raceway, Inc. has applied for a 3.2 on sale beer license beginning April 1, 2011 to October 31, 2011. A motion was made by Council member Lucas, seconded by Council member Rahm and carried to approve this 3.2 on sale beer license. The City Charter permits the Council to adopt its own rules of procedure. Council member Clerc introduced and moved for the adoption of Resolution No. 2011-01 waiving the reading of resolutions. Council member Gorath seconded the motion for its adoption. On roll call: Council members Clerc, Gorath, Kallemeyn, Lucas and Rahm all voted aye. No one voted nay. Mayor Quiring declared said resolution to have received the affirmative vote of the entire Council and he then declared the same to be passed, approved and adopted. The City Charter requires official designations be approved by resolution at the first Council meeting of the year. Council member Gorath introduced and moved for the adoption of Resolution No. 2011-02 designating the following: Mayor Protem – Wes Clerc; Official Newspaper – The Fairmont Sentinel; Council Secretary – City Clerk; and the Depository of City Funds – Bank Midwest. Council member Lucas seconded the motion for its adoption. On roll call: Council members Gorath, Kallemeyn, Lucas, Rahm, and Clerc all voted aye. No one voted nay. Mayor Quiring declared said resolution to have received the affirmative vote of the entire Council and he then declared the same to be passed, approved and adopted. Each year, the City is required to review and adopt an out-of-state travel policy for elected officials. A motion was made by Council member Kallemeyn, seconded by Council member Rahm and carried to approve the policy as presented by Finance Director Hoye. The Fairmont Fire Department held their annual elections in December, 2010. A motion was made by Council member Kallemeyn, seconded by Council member Rahm and carried to approve the officer election results for the Fire Department. The bills for the month of December, 2010, in the amount of $1,525,800.82 were presented to the City Council. A motion was made by Council member Kallemeyn, seconded by Council member Clerc and carried to approve payment of the bills. A motion was made by Council member Rahm, seconded by Council member Lucas and carried to adjourn the meeting at 6:30 p.m. _______________________________________ ATTEST: Mayor ___________________________________ City Clerk