The minutes of the Fairmont City Council meeting held on Monday, July 23, 2007 in the City Hall Council Chambers. Mayor Quiring called the meeting to order at 5:30 P.M. Councilmembers Clerc, Gorath, Lucas, and Kallemeyn were present. It was determined that a quorum was present. Also in attendance were City Administrator Zarling, Asst. City Administrator Humpal, City Attorney Bloomquist, and Police Chief Broslma. It was moved by Councilmember Lucas, seconded by Councilmember Gorath and carried to approve the minutes of the July 9, 2007, City Council meeting as presented. In open discussion, Jim Hart, Fairmont resident, addressed his views on the potential safety hazards associated with the road construction on North Prairie. Mayor Quiring commented on the community?s support of the troops homecoming last week. City Administrator Zarling reminded the Council of the goal setting session to be held Monday, July 30, 2007 at 5:30 P.M. Mayor Quiring opened the public hearing on proposed Ordinance No. 2007-03, an ordinance amending the Fairmont City Code, Section 3-76, regulating the hours and days of sale of on-sale intoxicating liquor. There being no one present to be heard, it was moved by Councilmember Lucas, seconded by Councilmember Kallemeyn and carried to close the hearing. Councilmember Lucas introduced and moved for the adoption of Ordinance No. 2007-03, allowing the sale of intoxicating liquor to begin at 10:00 A.M. on Sundays. Councilmember Kallemeyn seconded the motion for its adoption. On roll call, Councilmember Kallemeyn and Lucas voted aye and Councilmember Clerc and Gorath voted nay. Mayor Quiring cast the tie breaking vote in favor of the ordinance. Mayor Quiring declared said ordinance to have received the affirmative vote of the majority of the Council and he then declared the same to have been duly passed, approved and adopted. Mayor Quiring opened the public hearing on proposed Ordinance No. 2007-04, an ordinance authorizing the sale of 16.7 acres of land (old sludge lagoons) to Steve Poetter for $13,360.00. There being no one present to be heard, it was moved by Councilmember Lucas, seconded by Councilmember Kallemeyn and carried to close the hearing. Councilmember Lucas introduced and moved for the adoption of Ordinance No. 2007-04. Councilmember Kallemeyn seconded the motion for its adoption. On roll call, Councilmember Lucas, Clerc, Gorath, and Kallemeyn voted aye and 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 have been duly passed, approved and adopted. Mayor Quiring opened the public hearing on proposed Ordinance No. 2007-05, an ordinance adopting the 2007 Minnesota State Building Code. There being on one present to be heard, it was moved by Councilmember Clerc, seconded by Councilmember Gorath and carried to close the hearing. Councilmember Clerc introduced and moved for the adoption of Ordinance No. 2007-05. Councilmember Gorath seconded the motion for its adoption. On roll call, Councilmember Clerc, Gorath, Kallemeyn, and Lucas voted aye and 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 have been duly passed, approved and adopted. City Administrator Zarling presented the 2007 Second Quarter Investment Report. No action was required. It was moved by Councilmember Lucas, seconded by Councilmember Kallemeyn and carried to approve the conditional use permit for Kwik Trip, Inc. at 217 S. State Street for a motor fuel station/car wash in a B-3 General Business District. It was moved by Councilmember Clerc, seconded by Councilmember Kallemeyn and carried to approve the final plat of the Marina Addition as presented. Councilmember Lucas introduced and moved for the adoption of Resolution No. 2007-24, a resolution approving the charitable gambling premise permit application to the State of Minnesota for the Fairmont American Legion Post #36. Councilmember Kallemeyn seconded the motion for its adoption. On roll call, Councilmember Gorath, Kallemeyn, Lucas, and Clerc voted aye and 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. It was moved by Councilmember Clerc, seconded by Councilmember Lucas and carried to amend the Law Enforcement Center agreement with Martin County approving the increased lease rate of $41,556.00. It was moved by Councilmember Gorath, seconded by Councilmember Kallemeyn and carried to approve payment of the July 2007 bills in the amount of $1,589,331.85. It was moved by Councilmember Lucas, seconded by Councilmember Clerc and carried to adjourn at 6:00 P.M. ______________________________ Mayor Attest: ______________________________________ City Clerk