Minutes of the Fairmont City Council meeting held on November 23, 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; City Attorney Elizabeth Bloomquist; Finance Director Paul Hoye; Public Works Director/City Engineer Troy Nemmers; and a Police Patrol Officer. It was moved by Council member Clerc, seconded by Council member Lucas and carried to approve the minutes of the November 9, 2009, City Council meeting as presented. The following comments were received by the City Council during Open Discussion: o Council member Gorath applauded the efforts of the employees of the Street/Park Departments during this year's fall leaf pickup campaign. o Council member Kallemeyn commented on another very successful Fairmont Glows Parade. Operations Manager Grant Meyer from Advanced Engineering and Environmental Services, Inc. (AES), made a presentation to the City Council summarizing the process and the results of the Facilities Plan and also the Taste and Odor Study they performed in regard to the proposed Water Treatment Plant. Following his presentation, questions were directed to Mr. Meyer from Council members and also from Fairmont citizen Robert Seidel. Mr. Seidel's comments were focused on the existing ground water well and the accuracy of the water quality characteristics gathered in the late 1980's and presented by AE & E Services, Inc. Staff informed Council the next step in the process will be for Council direction whether or not to proceed to the Preliminary Design Phase of the study. City Administrator Zarling recommended discussion take place before the end of this calendar year in order to remain on schedule for completion of the study. Mayor Quiring opened a public hearing to afford all interested persons the opportunity to speak publicly in regard to an amendment to Fairmont City Code Section 26-206. General Fencing, Screening and Landscaping. The proposed amendment would allow 6 foot high fencing along side a principal structure in lieu of the 3 feet 5 inches currently allowed in residential districts. There being no one present to be heard, a motion was made by Council member Kallemeyn, seconded by Council member Lucas and carried to close the public hearing. Council member Lucas introduced and moved for the adoption of Ordinance No. 2009-09 amending the City of Fairmont's City Code Section 26-206 to allow six foot fences along side the principal structure. Council member Gorath seconded the motion for its adoption. On roll call: Council members Kallemeyn, Lucas, Anderson and Gorath all voted aye. No one voted nay. Mayor Quiring declared said ordinance to have received the affirmative vote of the Council and he then declared the same to have been duly passed, approved and adopted. An application for a transient merchant license for TAP Enterprises of Fremont, Nebraska to sell tools and general merchandise at the Fairmont Holiday Inn on Sunday and Monday, December 13 and 14, 2009, was presented to the City Council. A motion was made by Council member Kallemeyn, seconded by Council member Lucas and carried to approve this application. Council member Kallemeyn introduced and moved for the adoption of Resolution No. 2009-46 approving the senior citizen assessment deferral application of Lorraine Van Note of 405 Willow Street. Council member Anderson seconded the motion for its adoption. On roll call: Council members Anderson, 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. Annually, the Council is required to determine whether or not they wish to waive the monetary limits on municipal tort liability established by Minnesota Statutes 466.04. A motion was made by Council member Gorath, seconded by Council member Lucas and carried to confirm that the City of Fairmont does not waive the monetary limits on municipal tort liability established by Minnesota Statutes. Fairmont Economic Development Authority Board member Dr. Duane Jordison resigned his position on the Board. A motion was made by Council member Kallemeyn, seconded by Council member Anderson and carried to approve the appointment of Dr. Brian Roggow to complete Dr. Jordison's term on the FEDA Board. The City received an offer from Steve Seifried to purchase City-owned property located at 401 South Prairie Avenue. A motion was made by Council member Lucas, seconded by Council member Kallemeyn and carried to call for a public to receive public input on proposed Ordinance No. 2009-10, the sale of this property. The public hearing will be held on Monday, December 14, 2009, at 6:00 p.m. A motion was made by Council member Gorath, seconded by Council member Lucas and carried to approve payment of the November, 2009, accounts payable in the amount of $943,357.43. A motion was made by Council member Lucas, seconded by Council member Kallemeyn and carried to adjourn the meeting at 6:20 p.m. ATTEST: Mayor City Clerk