Minutes of the Fairmont City Council meeting held on September 28, 2009, in the City Hall 
Council Chambers.

Mayor Randy Quiring called the meeting to order at 5:30 p.m.  Council members Anderson, 
Clerc, Gorath, Kallemeyn, and Lucas were present.  Also in attendance were:  City Administrator 
Jim Zarling, Assistant City Administrator Mike Humpal, City Attorney Elizabeth Bloomquist, 
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 September 14, 2009, City Council meeting as presented.

No comments were received from the City Council or the audience during Open Discussion.

Martin County Library Director, Jennifer Jepsen, presented the City Council with an update of 
library events and planned activities.

Mayor Quiring opened a public hearing to afford all interested persons the opportunity to speak 
publicly in regard to the proposed rezoning of property located at 410, 414, 420 Downtown Plaza 
and 104, 106, and 108 East Fifth Street.  These properties are currently zoned I-1 Light 
Industrial.  The proposed zoning change would be to a B-3 General Business zone.  There being 
no one present to be heard, a motion was made by Council member Anderson, seconded by 
Council member Gorath and carried to close the public hearing.  Council member Clerc 
introduced and moved for the adoption of Ordinance No. 2009-08 amending the City of 
Fairmont’s official zoning map to rezone these properties from the existing I-1 Light Industrial 
District to a B-3 General Business District.  Council member Anderson seconded the motion for 
its adoption.  On roll call:  Council members Gorath, Kallemeyn, Lucas, Anderson, 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 have been duly passed, 
approved, and adopted.

Mayor Quiring opened a public hearing to afford all interested persons the opportunity to speak 
publicly concerning the 2009 Comprehensive Plan and Land Use Map changes offered for 
approval by the Planning Commission.  The following Fairmont residents were present at the 
hearing to address their concerns with the amended Comprehensive Plan:  Chuck Omvig of 806 
Albion Avenue; Jon Omvig of 523 Budd Lake Drive; and Connie Miller of 700 W. Margaret 
Street.  There being no further public comment, a motion was made by Council member Clerc, 
seconded by Council member Gorath and carried to close the public hearing.  Following Council 
discussion, Council member Kallemeyn introduced and moved for the adoption of Resolution 
No. 2009-29 adopted the 2009 Update to the Comprehensive Plan and Land Use Map.  Council 
member Anderson seconded the motion for its adoption.  On roll call:  Council members 
Kallemeyn, Lucas, Anderson, Clerc, and Gorath 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.

The Southern Minnesota Municipal Power Agency (SMMPA) Board of Directors has approved 
an amendment to extend the term of the Power Sales Contract between SMMPA and the 18 
member communities belonging to SMMPA.  The term of this contract would be extended from 
April 1, 2030 to April 1, 2050.  The Fairmont Public Utilities Commission recommended 
approval of this extension to the City Council.  Following Council discussion, Council member 
Clerc introduced and moved for the adoption of Resolution No. 2009-36 approving the 
extension of the SMMPA Power Sales Contract to April 1, 2050.  Council member Lucas 
seconded the motion for its adoption.  On roll call:  Council members Anderson, 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.

An application for an on sale wine license for the Fairmont Opera House, Inc. was presented to 
the City Council for approval pending completion of all State and City applications, completion 
of a Police investigation, and payment of all necessary fees.  A motion was made by Council 
member Lucas, seconded by Council member Anderson and carried to approve this on sale wine 
license for the Fairmont Opera House.

An application for a parade permit for the Fairmont High School homecoming parade was 
presented to the City Council for approval.  A motion was made by Council member Gorath, 
seconded by Council member Kallemeyn and carried to approve this parade permit for Friday, 
October 2, 2009, beginning at 4:00 p.m.

For the past several months, the City Council has been involved in an effort to demolish four 
dilapidated houses owned by Mr. Thomas Unruh.  Lawsuits were filed against these properties 
and Judge Robert Walker ruled in the City’s favor and signed Orders stating the City may 
demolish the hazardous buildings at 401 South Prairie Avenue, 1027 North Prairie Avenue, 501 
North Park Street, and 812 North Park Street, all in the City of Fairmont.  The owner of these 
properties, Mr. Unruh, has sixty days within which to file an appeal to the Minnesota Court of 
Appeals.  A motion was made by Council member Clerc directing staff to wait the sixty days 
before taking action to have these properties demolished.  This motion was seconded by Council 
member Kallemeyn.  Council members Clerc, Kallemeyn and Gorath voted aye.  Council 
members Lucas and Anderson voted nay.  The motion was approved.

Council member Lucas introduced and moved for the adoption of Resolution No. 2009-34, a 
resolution declaring the costs to be assessed and ordering the preparation of the proposed 
assessment for the 2009 Improvement Program and various re-assessments.  Council member 
Kallemeyn seconded the motion for its adoption. On roll call:  Council members Kallemeyn, 
Lucas, Anderson, Clerc, and Gorath 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.

The assessment rolls for the 2009 Improvement program have been completed and a public 
hearing needs to be held concerning these proposed assessments.  Council member Kallemeyn 
introduced and moved for the adoption of Resolution No. 2009-35, a resolution calling for a 
hearing to be held on October 26, 2009, at 5:30 p.m. on the proposed assessments of the 2009 
Improvement Program as follows:  Reconstruction:  Tilden Street, from East side of Albion 
Avenue to West side of Prairie Avenue; and South Hampton Street, from South side of Tilden 
Street to South side of Victoria Street; Resurfacing:  Arthur Street, Cedar Park Road to West 
Amber Lake Drive; parking lot in Sylvania Park; Beach Street, Fourth Street to Third Street; 
and Jeri Street, from Sylvia Street to Prairie Avenue; Seal coat:  First Street, Grant Street to 
Home Street; 7th Street, Main Street to North North Avenue; 8th Street, North North Avenue to 
Elm Street; 12th Street, Main Street to North North Avenue; 12th Street, Park Street to Prairie 
Avenue; Budd Street, Albion Avenue to Park Street; Cadillac Avenue, Lake View Street to 
Lair Road; Christina Street, Larson Lane to Lucia Street; Elm Street, Webster Street to Blue 
Earth Avenue; Elm Street, Anna Street to Christina Street; Fairview Avenue, Blue Earth 
Avenue to First Street; Hampton Street, 13th Street to Winnebago Avenue; Highland Avenue, 
Willow Street to Tilden Street; Highland Avenue, Service Road to Day Street; Knollwood 
Drive, cul-de-sac to Lair Road; Lair Road, Gomsrud Park to Albion Avenue; Linden Avenue, 
Albion Avenue to Budd Street; Lynn Street, dead end to East Interlaken Road; North North 
Avenue, 9th Street to Winnebago Avenue; Prairie Avenue, Blue Earth Avenue to 9th Street; 
Southwind Drive, Prairie Avenue to dead end; Stade Lane, Sylvia Street to Prairie Avenue; 
State Street Service Road, Birch Street to Chestnut Street; Victoria Street, Cambridge Street to 
Prairie Avenue; Walnut Street, Budd Lake Drive to Woodland Avenue; and Willow Street, 
Hampton Street to Highland Avenue; Mowing /Miscellaneous, various locations; and 
Reassessments, various locations.  Council member Lucas seconded the motion for its adoption.  
On roll call:  Council members Lucas, Anderson, Clerc, Gorath, and Kallemeyn 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.

On April 14, 2008, the City Council approved Resolution No. 2008-19 authorizing the following 
persons as authorized signatures on City of Fairmont bank accounts:  Mayor Randy J. Quiring, 
Finance Director Paul Hoye, City Clerk Susan Olson, and Deputy City Clerk Darla Guritz.  This 
list needed to be amended to include Fairmont Police Relief Association Treasurer, Harley 
Rosenberg to have transaction authority on behalf of the Fairmont Police Relief Association.  
Council member Kallemeyn introduced and moved for the adoption of Resolution No. 2009-37 
establishing the authorizing signature for the City of Fairmont Police Relief Association account.  
Council member Gorath seconded the motion for its adoption.  On roll call:  Council members 
Clerc, Gorath, Kallemeyn, Lucas and Anderson 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 Anderson and 
carried to approve payment of the September, 2009 accounts payable in the amount of 
$3,519,809.31.  

It was moved by Council member Lucas, seconded by Council member Clerc and carried to 
adjourn the meeting at 6:55 p.m.

						________________________________________
ATTEST:					Mayor


________________________________________
City Clerk