The minutes of the Fairmont City Council meeting held on December 12, 2011, at the City Hall Council Chambers. Mayor Randy J. Quiring called the meeting to order at 6:00 p.m. Council members Clerc, Gorath, Kallemeyn, Lucas and Rahm were present. Also in attendance: City Administrator Jim Zarling; Assistant City Administrator Mike Humpal; City Attorney Elizabeth Bloomquist; Public Works Director/City Engineer Troy Nemmers; 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 regular City Council meeting of November 28, 2011. There were no comments received by the City Council during Open Discussion. Hometown Sanitation of Windom, Minnesota was awarded a six year contract by Martin County to provide recycling services for the citizens of Fairmont. Mike Johnson, Operations Manager of Hometown Sanitation, updated the City Council on their plans to provide this service to Fairmont citizens beginning January 1, 2012. The 2011 cigarette licenses, the theater license, the refuse hauling licenses and the taxi licenses will all expire on December 31, 2011. Council members participated in a discussion initiated by Council member Gorath concerning Code requirements for a taxi license and the consequences to the licensee if violations to these requirements are committed. Following discussion, a motion was made by Council member Kallemeyn, seconded by Council member Lucas and carried to approve the 2012 renewals of these miscellaneous licenses pending completion of the renewal application process and payment of the $25.00 renewal fee for the cigarette license, the $75.00 renewal fee for the theater license, $75.00 per truck for the refuse hauling license renewal, and $50.00 per vehicle for the taxi license renewal. Annually, the Borderline Cruisers Car Club holds a car show in the Downtown Plaza area. The Car Club has submitted an application requesting Council approval to barricade some of the public streets during this event to be held on Saturday, June 9, 2012. A motion was made by Council member Clerc, seconded by Council member Rahm and carried to approve this application to barricade public streets in the Downtown Plaza area for this event. The owners of the new Bean Town Grill, LLC, located at 1400 North State Street, submitted an application for an on sale/Sunday liquor license. A motion was made by Council member Rahm, seconded by Council member Gorath and carried to approve this application pending successful completion of all requirements. Legislation requires the Council adopt the final tax levy and certify it to the Martin County Auditor by December 28, 2011. City Finance Director Hoye summarized the budget process and provided the Council with a review of the proposed amounts resulting in a 4.3% property tax increase in 2012. Included in the levy for the second year is an allocation of $35,000 for soccer field improvements. Council member Rahm introduced and moved for the adoption of Resolution No. 2011-55 adopting the 2012 Property Tax Levy as presented in the amount of $3,120,665 and ordering its certification to the Martin County Auditor by December 28, 2011. Council member Gorath seconded the motion for its adoption. On roll call: Council members Rahm, 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. Following adoption of the tax levy, legislation requires the Council adopt its budget. Finance Director Paul Hoye presented the proposed 2012 budget for Council approval. Following his presentation, Mr. Mike Riley of 188 West Belle Vue Road, addressed the Council with questions concerning plans for the future street improvements on Albion Avenue. Following discussion, Council member Clerc introduced and moved for the adoption of Resolution No. 2011-56 adopting the 2012 budget to be submitted to the Martin County Auditor with the 2012 tax levy. Council member Gorath seconded the motion for its adoption. On roll call: Council members Clerc, Gorath, Kallemeyn, Lucas and Rahm 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. Each year, the Finance Director is responsible for the preparation of budgets for the proprietary fund as defined in the City Charter. The departments included are: Public Utilities, Storm Sewer, Liquor Store, Parking Lots, Central Garage, and Data Processing. Council member Lucas introduced and moved for the adoption of Resolution No. 2011-57 approving the 2012 Proprietary Fund budgets as presented. Council member Clerc seconded the motion for its adoption. On roll call: Council members Gorath, Kallemeyn, Lucas, Rahm and Clerc 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. The City of Fairmont has another tax increment district that is no longer required to be kept active. Council member Rahm introduced and moved for the adoption of Resolution No. 2011- 58 de-certifying tax increment district #20, the old post office. Council member Gorath seconded the motion for its adoption. On roll call: Council members Kallemeyn, Lucas, Rahm, Clerc and Gorath 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 City 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 Clerc, seconded by Council member Rahm and carried to confirm the City of Fairmont does not waive the monetary limits on municipal tort liability. Due to a recording mix up, William and Diann Diekmann missed their opportunity to apply for an agricultural deferral of the special assessment on the property described as follows: 2.07 acres in Section 5, Township 102, Range 30, County Parcel #23-038-0150, City Parcel #99904-003, Assessment #6711006. Council member Clerc introduced and moved for the adoption of Resolution No. 2011-59 adopting the amended assessment to this property to allow the assessments be deferred as agricultural property until such future date as the property were to be developed. Council member Rahm seconded the motion for its adoption. On roll call: Council members Lucas, Rahm, 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. At an earlier meeting, the City Council requested a resolution to increase the parking fine amount for overtime parking during the winter months. In addition, the Council requested a resolution increasing the administrative fee assessed for shoveling snow from public sidewalks of property owners who do not shovel their sidewalks. Council member Rahm introduced and moved for the adoption of Resolution No. 2011-60 amending the fine for overtime parking during the winter months from November 15 to April 15 to be $50.00. The fee for snow removal by the City from sidewalks abutting private property shall include a $25.00 administrative fee in addition to the actual cost of the snow removal for the first time the City must provide snow removal services to a property. Each additional time snow is removed from the sidewalk, an additional administrative fee of $10.00 will be charged in addition to the actual cost of the snow removal. Council member Kallemeyn seconded the motion for its adoption. On roll call: Council member Rahm, 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. As part of the Safe Routes to School grant, an agreement is required to allow the Minnesota Department of Transportation to accept federal money for the preliminary engineering on the project. Council member Lucas introduced and moved for the adoption of Resolution No. 2011- 61 allowing MN/DOT to accept $13,276 of federal funding for the preliminary engineering of the Safe Routes to School project. Council member Gorath seconded the motion for its adoption. On roll call: Council members Clerc, Gorath, Kallemeyn, Lucas and Rahm 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. The Police Department will be conducting an online auction of impounded/forfeited vehicles. A motion was made by Council member Clerc, seconded by Council member Gorath and carried to declare the impounded/forfeited vehicles as excess equipment. A motion was made by Council member Lucas, seconded by Council member Clerc and carried to adjourn the meeting at 7:20 p.m. _________________________________________ ATTEST: Mayor _________________________________________ City Clerk