Minutes of the Fairmont City Council meeting held on April 13, 2009, in the City Hall Council Chambers.

Mayor Randy Quiring called the meeting to order at 5:30 p.m.  Council members Clerc, Gorath, Kallemeyn and Lucas were present.  Council member Anderson was absent.  Also in attendance:  City Administrator Zarling, Assistant City Administrator Humpal, City Attorney Bloomquist, Finance Director Hoye, Public Works Director/City Engineer Nemmers, Police Officer Austin, and City Clerk Olson.

It was moved by Council member Lucas, seconded by Council member Clerc and carried to approve the minutes of the March 23, 2009, City Council meeting as presented.

The following comment(s) were received by the Council during Open Discussion:
o Shirley Unke, a member of the Fairmont United Methodist Church, 119 E. Second Street, presented a signed petition in support of the 	relocation of the Stepping Stones Learning Center to the former juvenile detention center located at 1100 Indus Street.
o Pastor Tony Fink, Fairmont United Methodist Church, addressed the Council in support of the relocation of the Stepping Stones Learning Center to 1100 Indus Street.  
o Council member Andy Lucas invited all 4th Ward residents to an informational meeting, Tuesday, April 14, 2009 beginning at 7:30 p.m. at the Knights of Columbus Hall at 920 E. Tenth Street.
o Jim Hardt, 927 No. Prairie Avenue, spoke in opposition to the construction of a new liquor store, requested the Council consider other existing locations for the liquor store, expressed concern about pending budget cuts, and expressed appreciation to 4th Ward Council member Lucas for 	scheduling the Ward 4 informational meeting.

A requirement of the Storm Water Pollution Prevention Plan (SWPPP) is to hold an annual meeting to receive public comment on the status of the MS-4 requirements and summarize activities completed each year.  Assistant City Administrator Humpal presented a summary of the activities completed in 2008 to the Council as required.  

A motion was made by Council member Clerc, seconded by Council member Lucas and carried to approve the transient merchant license application for TAP Enterprises of Fremont, Nebraska to hold a tool and general merchandise sale at the Holiday Inn on Sunday, April 26, 2009 and Monday, April 27, 2009.

Council member Lucas introduced and moved for adoption of Resolution No. 2009-14 approving the agricultural leases for 2009/2010 with A.L. & C.E. Ward, Inc.; Donald N. Spee; Lunz Farms; Tim Maschoff; Charles Bremer; and Dick and Diane Gerhardt.  Council member Kallemeyn seconded the motion.  On roll call, Council members Kallemeyn, Lucas, Clerc and Gorath all voted aye and no one voted nay.  Mayor Quiring declared said resolution to have received the affirmative vote of the Council and he then declared the same to have been duly passed, approved and adopted.
Council member Clerc introduced and moved for adoption of Resolution No. 2009-15 approving the plans and specifications and authorizing the advertisement for bids for Improvement Project 2009-A (reconstruction of Tilden Street, from Albion Avenue to Prairie Avenue and reconstruction of Hampton Street, from Tilden Street to Victoria Street).  Council member Gorath seconded the motion.  On roll call, Council members Lucas, Clerc, Gorath and Kallemeyn all voted aye.  No one voted nay.  Mayor Quiring declared said resolution to have received the affirmative vote of the Council and he then declared the same to have been duly passed, approved and adopted.

Council member Gorath introduced and moved for adoption of Resolution No. 2009-16, a “Resolution of Need” necessary to finalize the ownership transfer of the Central School building to the City of Fairmont.  Council member Kallemeyn seconded the motion.  On roll call, Council members Clerc, Gorath, Kallemeyn and Lucas all voted aye.  No one voted nay.  Mayor Quiring declared said resolution to have received the affirmative vote of the Council and he then declared the same to have been duly passed, approved and adopted.

Bids for the replacement of the roof on the upper area of the City Hall building were reviewed as follows:  Patton Roofing, $26,419; Schwickerts of Mankato, $26,660; Laraway Roofing, $30,150.  A motion was made by Council member Lucas, seconded by Council member Gorath and carried to accept the bid of Patton Roofing in the amount of $26,419 for the roof replacement.

In past years, the position of School Resource Officer has been funded equally by the City of Fairmont and School District No. 2752.  Because of budget cuts being experienced by both entities, this position will no longer be funded in this manner.  Council member Clerc introduced and moved for adoption of Resolution No. 2009-17, a resolution authorizing staff to submit a grant application to the Federal Department of Justice that would provide funding for this position for three years and the City would agree to provide full funding for the fourth year.  Council member Kallemeyn seconded the motion.  On roll call, Council members Clerc, Gorath, Kallemeyn and Lucas 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 have been duly passed, approved and adopted.

A motion was made by Council member Lucas, seconded by Council member Kallemeyn and carried to call for a public hearing to hear all interested parties concerning an appeal of the Planning Commission denial of a request for a Zoning Code Amendment submitted by Gerard requesting that child care centers be allowed in an industrial area with a conditional use permit.  The public hearing will be held on Monday, April 27, 2009 at 5:30 p.m.

Following the first public hearing, if the City Council votes to override the Planning Commission’s decision to deny Gerard’s request, a second public hearing will need to be held.  A motion was made by Council member Clerc, seconded by Council member Gorath and carried to call for a public hearing to hear all interested parties concerning an amendment to Fairmont City Code Section 26-160 (d) (4) to allow day care (group nursery) in an Industrial zone.   The public hearing will be held on Monday, April 27, 2009, at 5:30 p.m. 

A motion was made by Council member Lucas, seconded by Council member Clerc and carried to adjourn the meeting at 6:05 p.m.  


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ATTEST:  					Mayor


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City Clerk