The minutes of the Fairmont City Council meeting held on Monday, November 19, 2007, in the City Hall Council Chambers. Mayor Quiring called the meeting to order at 5:30 p.m. Councilmembers Anderson, Clerc, Gorath, Kallemeyn, and Lucas were present. It was determined a quorum was present. Also in attendance were City Administrator Zarling, Assistant City Administrator Humpal, City Attorney Bloomquist, and Police Chief Brolsma, and City Clerk Olson. Fairmont Area Youth Council members Styles Johnson and Jacob Sanden provided an update on recent activities of the Fairmont Area Youth Council. It was moved by Councilmember Anderson, seconded by Councilmember Lucas and carried to approve the minutes of the October 22, 2007, City Council meeting as presented. During Open Discussion, Councilmember Kallemeyn commented on another successful Fairmont Glows parade. Mayor Quiring opened the public hearing on the vacation of a strip of Lake Avenue from the southeast corner of the Bicycle Shoppe to approximately 94 feet southeast abutting the Marina Lodge Development. There being no one present to be heard, it was moved by Councilmember Lucas, seconded by Councilmember Kallemeyn and carried to close the public hearing. Councilmember Kallemeyn introduced and moved for the adoption of Resolution No. 2007-44. Councilmember Anderson seconded the motion for adoption. On roll call, Councilmembers Lucas, Anderson, Clerc, Gorath and Kallemeyn 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. Mayor Quiring opened the public hearing on proposed Ordinance No. 2007-06, an ordinance deleting in its entirety Fairmont City Code Section 15-5, Adoption of Opening Burning Rules. City Administrator Zarling explained that since Minnesota Rules 7005.0700 to 7005.0820 on open burning have been repealed by the State, we need to take action also to repeal that section from our Code. A motion was made by Councilmember Gorath and seconded by Councilmember Clerc to close the public hearing. Councilmember Lucas introduced and moved for the adoption of Ordinance No. 2007-06. Councilmember Anderson seconded the motion for adoption. On roll call, Councilmembers Gorath, Kallemeyn, Lucas, Anderson and Clerc 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. 2007-07, amending the Fairmont City Code, Section 22-20, Open Burning, to prohibit the burning of leaves with the City limits. David Segar of 921 Shoreacres Drive and Don Frankfurt of 132 Tilden Street appeared before the Council to address the issue of leaf burning in the City of Fairmont. Both citizens encouraged the Council to consider other options such as the purchase of a leaf vacuum and also the establishment of a leaf compost site in addition to allowing open burning of leaves. Mr. Wes Pruett of 1330 So. State Street addressed the Council in support of the purchase of a leaf vacuum and the establishment of a leaf compost site. However, Mr. Pruett did not support the continuation of leaf burning in the City. A motion was made by Councilmember Anderson and seconded by Councilmember Gorath and carried to close the public hearing. Council discussion followed concerning the feasibility of postponing action on this ordinance until Council and staff accomplished further investigation on the proposed purchase of a leaf vacuum and also the proposed establishment of a leaf compost site in addition to continuing to allow open burning of leaves. Councilmember Gorath introduced and moved for adoption of Ordinance No. 2007-07. On roll call, Councilmember Kallemeyn voted aye and Councilmembers Lucas, Anderson, Clerc and Gorath voted nay. Mayor Quiring declared the same to have been defeated. Defeat of this proposed ordinance results in the present ordinance allowing leaf burning in the City of Fairmont to remain in effect. In addition, it was the recommendation of the Council that, before leaf burning is banned, we experience a full season with the other options in place in order to make a proper assessment. It was moved by Councilmember Lucas, seconded by Councilmember Kallemeyn and carried to offer Ordinance No. 2007-08 to rezone the property at 323 E Eleventh Street from R-1 Single Family residential district to R-2S One to Four Family residential district and to call for a public hearing to be held on December 10, 2007, at 5:30 p.m. to consider the adoption. It was moved by Councilmember Anderson, seconded by Councilmember Kallemeyn and carried to approve the preliminary and final plat of Southgate Eighth Addition. Letters to property owners in the area are to be sent addressing possible drainage concerns arising out of future development in this area. It was moved by Councilmember Gorath, seconded by Councilmember Lucas and carried to approve a cigarette license for Kwik Trip, Inc. of 217 S. State Street. It was moved by Councilmember Anderson, seconded by Councilmember Kallemeyn and carried to approve an off sale 3.2% beer license for Kwik Trip, Inc. of 217 S. State Street. City Administrator Jim Zarling addressed the Council in regard to previous discussions that have taken place concerning financial contributions made by the City to non-profit organizations. Mr. Zarling explained that such contributions are not allowable expenditures as established by State statutes. Letters of explanation will be sent to those non-profit organizations who had appeared before the Council at the October 22, 2007 Council meeting. It was also recommended that the appropriate language be incorporated into the City Code concerning non-profit contributions to eliminate any future violations of these State regulations. It was moved by Councilmember Lucas, seconded by Councilmember Gorath and carried to approve the recitation of the Pledge of Allegiance at the beginning of each Council meeting. It was moved by Councilmember Clerc, seconded by Councilmember Kallemeyn and carried to approve the LMCIT insurance declaration confirming the City does not waive the monetary limits on municipal tort liability established by Minnesota Statutes 466.04. Councilmember Anderson introduced and moved for the adoption of Resolution No. 2007-49 approving a Mn/DOT Partnership Agreement effective for five years. Councilmember Gorath seconded the motion for adoption. On roll call, Councilmembers Lucas, Anderson, Clerc, Gorath, and Kallemeyn 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. Councilmember Anderson introduced and moved for the adoption of Resolution No. 2007-50 approving the appropriate signatures be affixed to State Agreement No. 90976, an agreement with the Union Pacific Railroad Company and the Commissioner of Transportation and the City of Fairmont for the installation and maintenance of railroad crossing signals at the North Avenue crossing. Councilmember Lucas seconded the motion for adoption. On roll call, Councilmembers Anderson, Clerc, Gorath, Kallemeyn and Lucas 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. Councilmember Clerc introduced and moved for the adoption of Resolution No. 2007-51 an amendment to the Administrative Services Agreement for Plan Number 301177 between the City of Fairmont and ICMA Retirement Corporation. Councilmember Anderson seconded the motion for adoption. On roll call, Councilmembers Clerc, Gorath, Kallemeyn, Lucas and Anderson 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. Councilmember Lucas introduced and moved for the adoption of Resolution No. 2007-52 granting a temporary extension to the City?s Cable TV Franchise Agreement with Charter Communications. Councilmember Kallemeyn seconded the motion for adoption. On roll call, Councilmembers Gorath, Kallemeyn, Lucas, Anderson 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. Councilmember Clerc introduced and moved for the adoption of Resolution No. 2007-53, approving the senior citizen deferral application of Irene Buchmeier of 1301 N. Prairie Avenue. Councilmember Gorath seconded the motion for adoption. On roll call, Councilmembers Lucas, Anderson, Clerc, Gorath and Kallemeyn 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 Lucas, seconded by Councilmember Kallemeyn and carried to adjourn the meeting at 6:35 p.m. ________________________________________________ Mayor ATTEST: _____________________________________ City Clerk