fairmont city council agenda · 8/8/2014 · fairmont city council agenda 1. call to order -...

FAIRMONT CITY COUNCILAGENDA

1. CALL TO ORDER -

Regular meeting of the Fairmont City Council held on

MONDAY, AUGUST 11, 2014

at 5:30 P.m. in the City Hall Council Chambers.

2. ROLL CALL -

Mayor QuiringCouncilors: Anderson

AskelandClercKallemeynRahm

3. DETERMINATION OF QUORUM -

4. PLEDGE OF ALLEGIANCE

5. READINGS OF MINUTES -

5.1 Minutes of Regular Meeting, July 28, 2014 (01-02)

6. OPEN DISCUSSION -

6.1 Open Discussion (03)

7. RECOGNITIONS/PRESENTATIONS -

7.1 Presentation from Focus on Fairmont (04)

7.2 Presentation from Dog Park Committee (05)

7.3 Presentation from Fairmont Soccer Association (06)

8. SCHEDULED HEARINGS -

8.1 Public Hearing - Charging for Fire Calls (07)

8.1 a Hearing Notice (08-09)

8.1b Ordinance 2014-04 (10-12)

9. ADMINISTRATIVE APPEALS -

10. FINANCIAL REPORTS -

11. REPORTS OF BOARDS, COMMITTEES, ANDDEPARTMENT HEADS -

12. LICENSES AND PERMITS -

12.1 Solicitors License for American Exteriors, LLC (13)

12.2 Neighborhood Block Party (14)

12.2a Application (15)

12.3 Dahmon Gullord Application for Taxi License (16)

12.3a License Application (17)

12.3b Insurance quote (18)

13. OLD BUSINESS -

14. NEW BUSINESS -

14.1 Park Board Update and 2015 Project Recommendations (19)

15. REGULAR AND LIQUOR DISPENSARY BILLS -

16. STATUS REPORTS/ORAL

17. ADJOURNMENT-

ADDITIONAL ATTACHMENTS -

The minutes of the Fairmont City Council meeting held on July 28, 2014, at the City HallCouncil Chambers.

M:ayor Randy J. Quiring called the meeting to order at 5:30 p.m. Council Members TerryAnderson, Chad Askeland, Joe Kallemeyn and Darin Rahm were present. Council Member Wes

Clerc was absent. Also in attendance: City Administrator Mike Humpal, City AttorneyElizabeth W. Bloomquist, Finance Director Paul Hoye, Public Works Director/City Engineer

Troy Nemmers, Police Chief Greg Brolsma and City Clerk Patricia Monsen.

It was moved by Council Member Askeland, seconded by Council Member Rahm and carried to

approve the minutes of the regular City Council meeting of July 14, 2014.

During open discussion Mayor Quiring read a message he had prepared for his weekly radioshow on all the positive business happenings that have occurred in the City of Fairmont over the

past several years.

Ralph McMillan of 983 Shoreacres Drive addressed the Council with his concerns on their recent

actions and encouraged citizens to run for the upcoming open council positions.

Wes Pruett of 1330 South State Street commented positively on the state of the City.

Anderson asked if the closed session and work session could be reversed on the agenda to allow

the press to attend. The press stated that they were not staying for the work session any way. Itwas decided to leave the agenda as it was.

Bradley M. Peterson of the Coalition of Greater Minnesota Cities gave a presentation on the

Coalition's activities and a legislative update.

Hoye presented the June 30, 2014 Investment Report for the City.

Council Member Askeland made a motion to approve a One Day Temporary Liquor License for

the Eagles Club for September 5, 2014 to hold an event with an outside band. Council Member

Anderson seconded the motion and the motion passed.

Council Member Askeland made a motion to adopt Resolution 2014-18 authorizing redemption

of outstanding maturities on 2005B general obligation bonds. Council Member Rahm seconded

the motion. On roll call: Council Members Kallemeyn, Rahm, Anderson and Askeland all voted

aye. The motion passed.

Council Member Anderson made a motion to set a public hearing to discuss and vote on

proposed Ordinance 2014-04, which would allow the City to charge for fire calls. Council

Member Rahm seconded the motion and the motion passed.

Council Member Askeland made a motion to approve Resolution 2014-22, rejecting all bids

received for the 2014-B improvement project. Council Member Anderson seconded the motion.On roll call: Council Members Anderson, Askeland, Kallemeyn and Rahm all voted aye. The

motion passed.

Council Member Rahm made a motion to approve the 2014 I&C agreement with AE2S. CouncilMember Askeland seconded the motion and the motion carried.

/

Council Member Rahm made a motion to approve the payment of the July, 2014 bills. CouncilMember Askeland seconded the motion and the motion carried.

The City Council went into closed session at 6:25 p.m. to discuss labor negotiations. MayorQuiring, Council Members Anderson, Askeland, Kallemeyn and Rahm were present. At 7:05

p.m. the council returned to regular session.

A motion was made by Council Member Askeland, seconded by Council Member Rahm and

carried to adjourn the meeting at 7:07 p.m.

Randy J. QuiringMayor

ATTEST:

Patricia J. Monsen, City Clerk

d,

CITY OF FAIRMONT—-AGENDA CONTROL SHEET—-AGENDA ITEM NO. 6.1

MEETING DATE: August 11, 2014

SUBJECT: Open Discussion

REVIEWED BY: Mike Humpal, CEcD, City AdministratQ^

SUBJECT INITIATION BY:

Petition Board x Staff Council Commission Committee

SUBJECT BACKGROUND:

INTRODUCED BY: Mayor Randy Quiring

COUNCIL LIAISON:

TYPE OF ACTION:

Motion (Voice Vote)

Ordinance 1 Reading(Introduction only)Ordinance 2 Reading(Roll call)

Resolution (Roll Call)Set Public Hearing (Motion)

Hold Public Hearing(Motion to close)

xDiscussion

Information Only

RECOMMENED ACTION BY:

City Staff Board Commission Committee

Issuance

Denial

Approval

Rejection xAuthorization

No action needed

No recommendation

STATEMENT: Prior to regular business, is there any open discussion?

MOTION: None

VOTE REQUIRED:

ATTACHMENTS:1.

2.

3.

Council Action: Date:

^

CITY OF FAIRMONT—-AGENDA CONTROL SHEET—-AGENDA ITEM NO.


SUBJECT: Presentation from Focus on Fairmont

REVIEWED BY: Mike Humpal, CEcD, City Administratofy


7.1

f!t.

Petition Board Staff Council Commission Committee

SUBJECT BACKGROUND: Mike Humpal, CEcD, City Administrator

INTRODUCED BY: Mike Humpal, CEcD, City Administrator

COUNCEL LIAISON:

TYPE OF ACTION:

Motion (Voice Vote)Ordinance 1 Reading(Introduction only)Ordinance 2nd Reading

(Roll call)



xDiscussion

Information Only



Issuance

Denial

Approval

Rejection x

Authorization

No action needed

Norecommendation

STATEMENT: Focus on Fairmont will make a brief presentation to provide an update on the BlueEarth Avenue beautification project.

MOTION: None required

VOTE REQUIRED: N/A

ATTACHMENTS:1.

2.

3.


^



SUBJECT: Presentation from Dog Park committee

REVIEWED BY: Mike Humpal, CEcD, City AdministratQg®


7.2

Petition Board | Staff Council Commission Committee

SUBJECT BACKGROUND: Troy Nemmers, PE, Director of Public Works/City Engineer

INTRODUCED BY: Troy Nemmers, PE, Director of Public Works/City Engineer

COUNCIL LIAISON:

TYPE OF ACTION:

Motion (Voice Vote)Ordinance 1 Reading(Introduction only)Ordinance 2nd Reading

(Roll call)



xDiscussion

Information Only



Issuance

Denial

Approval

Rejection x

Authorization

No action needed

Norecommendation

STATEMENT: A member of the Dog Park committee will make a brief presentation to provide anupdate on the fundraising progress of the committee.


VOTE REQUIRED: N/A

ATTACHMENTS:1.

2.

3.


^



SUBJECT: Presentation from Fairmont Soccer Association

REVIEWED BY: Mike Humpal, CEcD, City Adrmmstrstoy'^


7.3




COUNCIL LIAISON:

TYPE OF ACTION:

Motion (Voice Vote)Ordinance 1 Reading(Introduction only)Ordinance 2 Reading(Roll call)



xDiscussion

Information Only



Issuance

Denial

Approval

Rejection x

Authorization

No action needed

Norecommendation

STATEMENT: A member of the Fairmont Soccer Association will make a brief presentation on activityat the Jeffrey Kot soccer fields and discuss some future project ideas for the facility.


VOTE REQUIRED: N/A

ATTACHMENTS:1.

2.

3.


6,



SUBJECT: Public Hearing - Charging for Fire Calls

REVIEWED BY: Mike Humpal, CEcD, City Administrator*^


Petition Board x Staff Council Commission Committee



COUNCIL LIAISON:

TYPE OF ACTION:

x

Motion (Voice Vote)

Ordinance 1 Reading(Introduction only)Ordinance 2 Reading(Roll call)

x



Discussion

Information Only


x City Staff Board Commission Committee

Issuance

Denialx Approval

Rejection

Authorization

No action needed

No recommendation

STATEMENT: The Council will take public input on the proposed ordinance to charge for firecalls.

MOTION #1: To close Public Hearing

VOTE REQUIRED MOTION #1: Simple majority

MOTION #2: To approve Ordinance No. 2014-04, Charging for Fire Calls

VOTE REQURIED MOTION #2: Simple majority

ATTACHMENTS:1. Hearing Notice2. Ordinance 2014-04


7

OFFICIAL PUBLICATION

NOTICE OF HEARING

TO WHOM IT MAY CONCERN:

NOTICE IS HEREBY GIVEN that the City Council of the City ofFairmont will hold apublic hearing to consider proposed Ordinance No. 2014-04.

WHEREAS, the expenses associated with providing fire call services continue to rise; and,

WHEREAS, establishing a fee for emergency protection fire services will assist the City ofFairmont in funding the Fairmont Fire Department; and

WHEREAS, the Minnesota Legislature has provided statutory authority for municipalities tocharge a fee for emergency protection fire services.

NOW THEREFORE THE CITY COUNCIL OF THE CITY OF FAIRMONT, MINNESOTADOES ORDAIN:

SECTION ONE: PURPOSES AND INTENTThis ordinance is adopted for the purpose of authorizing the City ofFairmont, Minnesota to

charge for fire service as authorized by Minn. Stat. §§ 366.011, 366.012, and 415.01.

SECTION TWO: DEFINITIONS(A) "Fire service" means any deployment offirefighting personnel and/or equipment to

extinguish a fire or perform any preventative measure in an effort to protect equipment, life, orproperty in an area threatened by fire. It also includes the deployment offirefighting personnel

and/or equipment to provide fire suppression, rescue, extrication, and any other services related

to fire and rescue as may occasionally occur.(B) "Fire service charge" means the charge imposed by the City for receiving fire service.(C) "Motor vehicle" means any self-propelled vehicle designed and originally manufactured to

operate primarily upon public roads and highways, and not operated exclusively upon railroadtracks. It includes semi-trailers. It does not include snowmobiles, manufactured homes, all terrain

vehicles, or park trailers.(D) "Fire protection contract" means a contract between the City and a town or other city for the

City to provide fire service.(E) "Mutual aid agreement" means an agreement between the City and a town or other city for

the City's fire department to provide assistance to the fire department of a town or other city.

SECTION THREE: PARTIES AFFECTED(A) Owners of property within the City who receive fire service.(B) Anyone who receives fire service as a result of a motor vehicle accident or fire within the

City.(C) Owners of property in towns or cities to which the City provides fire service pursuant to a

fire protection contract.

J7.

SECTION FOUR: RATES(A) $250 - Rescue calls not requiring a pumper tmck or a ladder truck.

(B) $500-Fire calls.

SECTION FIVE: BILLING AND COLLECTION(A) Parties requesting and receiving fire services may be billed directly by the City.Additionally, if the party receiving fire services did not request services but a fire or other

situation exists which, at the discretion of the fire department personnel in charge requires fire

service, the party will be charged and billed. All parties will be billed whether or not the fireservice is covered by insurance. Any billable amount of the fire charge not covered by a party's

insurance remains a debt of the party receiving the fire service.

(B) Parties billed for fire service will have 90 (ninety) days to pay. If the fire service charge isnot paid by that time, it will be considered delinquent and the City will send a notice ofdelinquency.(C) If the fire service charge remains unpaid for 30 days after this notice of delinquency is sent,the City will use all practical and reasonable legal means to collect the fire service charge. The

party receiving fire service shall be liable for all collection costs incurred by the City including,but not limited to, reasonable attorney fees and court costs.

(D) If the fire service charge remains unpaid for 30 days after the notice of delinquency is sent,the City Council may also, on or before October 15 of each year, certify the unpaid fire service

charge to the county auditor of the county in which the recipient of the services owns real

property, for collection with property taxes. The county auditor is responsible for remitting to thecity all charges collected on behalf of the city. The City must give the property owner notice ofits intent to certify the unpaid fire service charge by September 15.

(E) False alarms won't be billed as a fire call.

SECTION SIX: MUTUAL AID AGREEMENTWhen the City fire department provides fire service to another fire department pursuant to a

Mutual Aid Agreement, the billing will be determined by the Mutual Aid Agreement.

SECTION SEVEN: APPLICATION OF COLLECTIONS TO BUDGETAll collected fire charges will be city funds and used to offset the expenses of the City firedepartment in providing fire services.

You are further notified said hearing will be held in the City Council Chambers ofCity Hall, 100 Downtown Plaza, Fairmont, Minnesota on Monday, August 11, 2014 at 5:30 p.m.

BY ORDER OF THE CITY OF FAIRMONT

/s/ Patricia J. Monsen

Patricia J. Monsen

City Clerk

^,

ORDINANCE NO. 2014-04

AN ORDINANCE ESTABLISHDMG FEES

FOR EMERGENCY PROTECTION FIRE SERVICES

WHEREAS, the expenses associated with providing fire call services continue to rise; and,

WHEREAS, establishing a fee for emergency protection fire services will assist the City ofFairmont in funding the Fairmont Fire Department; and

WHEREAS, the Minnesota Legislature has provided statutory authority for municipalities tocharge a fee for emergency protection fire services.

NOW THEREFORE THE CITY COUNCIL OF THE CITY OF FAIRMONT, MINNESOTADOES ORDAIN:

SECTION ONE: PURPOSES AND INTENT

This ordinance is adopted for the purpose of authorizing the City ofFairmont, Minnesota to

charge for fire service as authorized by Minn. Stat. §§ 3 66.011, 3 66.012, and 415.01.

SECTION TWO: DEFINITIONS

(A) "Fire service" means any deployment offirefighting personnel and/or equipment to

extinguish a fire or perform any preventative measure in an effort to protect equipment, life, orproperty in an area threatened by fire. It also includes the deployment offirefighting personnel

and/or equipment to provide fire suppression, rescue, extrication, and any other services related

to fire and rescue as may occasionally occur.

(B) "Fire service charge" means the charge imposed by the City for receiving fire service.

(C) "Motor vehicle" means any self-propelled vehicle designed and originally manufactured to

operate primarily upon public roads and highways, and not operated exclusively upon railroadtracks. It includes semi-trailers. It does not include snowmobiles, manufactured homes, all terrain

vehicles, or park trailers.

(D) "Fire protection Contract" means a contract between the City and a town or other city for the

City to provide fire service.

(E) "Mutual aid agreement" means an agreement between the City and a town or other city for

the City's fire department to provide assistance to the fire department of a town or other city.

10

SECTION THREE: PARTIES AFFECTED

(A) Owners of property within the City who receive fire service.

(B) Anyone who receives fire service as a result of a motor vehicle accident or fire within the

City.

(C) Owners of property in towns or cities to which the City provides fire service pursuant to a

fire protection contract.

SECTION FOUR: RATES

(A) $250 Rescue calls.(B) $500 Fire calls.

(A) All parties requesting and receiving fire services will be billed $500.

SECTION FIVE: BILLING AND COLLECTION

(A) Parties requesting and receiving fire services may be billed directly by the City.Additionally, if the party receiving fire services did not request services but a fire or othersituation exists which, at the discretion of the fire department personnel in charge requires fire

service, the party will be charged and billed. All parties will be billed whether or not the fireservice is covered by insurance. Any billable amount of the fire charge not covered by a party's

insurance remains a debt of the party receiving the fire service.

(B) Parties billed for fire service will have 90 (ninety) days to pay. If the fire service charge isnot paid by that time, it will be considered delinquent and the City will send a notice ofdelinquency.

(C) If the fire service charge remains unpaid for 30 days after this notice of delinquency is sent,the City will use all practical and reasonable legal means to collect the fire service charge. The

party receiving fire service shall be liable for all collection costs incurred by the City including,but not limited to, reasonable attorney fees and court costs.

(D) If the fire service charge remains unpaid for 30 days after the notice of delinquency is sent,the City Council may also, on or before October 15 of each year, certify the unpaid fire servicecharge to the county auditor of the county in which the recipient of the services owns real

property, for collection with property taxes. The county auditor is responsible for remitting to thecity all charges collected on behalf of the city. The City must give the property owner notice of

its intent to certify the unpaid fire service charge by September 15.

(E) False alarms won't be billed as a fire call.

SECTION SIX: MUTUAL AID AGREEMENT

When the City fire department provides fire service to another fire department pursuant to a

Mutual Aid Agreement, the billing will be determined by the Mutual Aid Agreement.

//.

SECTION SEVEN: APPLICATION OF COLLECTIONS TO BUDGET

All collected fire charges will be city funds and used to offset the expenses of the City firedepartment in providing fire services.

Motion by:Second by:All in Favor:All Opposed:Abstained:Absent:

Duly adopted by the City Council on this 11 day of August, 2014.

Randy J. QuiringMayor

ATTEST:

Patricia J. Monsen

City Clerk

1st Reading: July 28, 2014Reading: August 11, 2014n nd

/^



SUBJECT: Solicitors License for American Exteriors, LLC

A I \.,.-REVIEWED BY: Mike Humpal, CEcD, City Administratoy'l-^


x Petition Board Staff Council Commission Committee



COUNCIL LIAISON:

TYPE OF ACTION:

x Motion (Voice Vote)

Ordinance 1 Reading(Introduction only)Ordinance 2nd Reading

(Roll call)



Discussion

Information Only



Issuance

Denialx Approval

Rejection

Authorization

No action needed

No recommendation

STATEMENT: American Exteriors, LLC is applying for a solicitor's license. If approved,

they will begin a door-to-door campaign in the City ofFairmont, contacting residents and givingthem information about the windows and siding they sell and company contact information.They intend to delegate six employees to perform this campaign. American Exteriors, LLC has

paid the license fee of $150 for one month. A police investigation has been conducted and all

applicants were found to have no criminal history or no record with the Better Business Bureau.

MOTION: To approve the application for a solicitor's license submitted by AmericanExteriors, LLC.

VOTE REQUIRED: Simple majority

ATTACHMENTS:1.

2.

Council Action:/J

Date:



SUBJECT: Neighborhood Block Party

12.2

REVIEWED BY: Mike Humpal, CEcD, City Administrator^ t- ^


x Petition Board Staff Council I Commission Committee



COUNCIL LIAISON:

TYPE OF ACTION:



(Roll call)



Discussion

Information Only



Issuance

Denialx Approval

Rejection

Authorization

No action needed

No recommendation

STATEMENT: The neighbors living in the vicinity ofHolden Place are planning aneighborhood party to be held on Sunday, August 24, 2014, beginning at 5:00 p.m. Weatherpermitting, they would like to block off the street entering into Holden Place cul-de-sac for their

party.

MDTION: To allow the street entering into Holden Place cul-de-sac to be blocked off for a

neighborhood block party on August 24, 2014 beginning at 5:00 p.m.

VOTE REQUIRED; Simple majority.

ATTACHMENTS:1. Application2.


,4

Applicant's Name

Applicant's Address

Applicant's Telephone

Applicant's Signature

Date of application

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Type of application: (Include dates, time, location, requests from City, etc.)

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Fee (if applicable^

CITY USE ONLY

Application approved by

Instmctions/Comments

Date

Application Distribution: City Applicant Police Other

15.



SUBJECT: Dahmon Gullord Application for Taxi License

REVIEWED BY: Mike Humpal, CEcD, City Administrator^


12.3

^x Petition Board Staff Council Commission Committee



COUNCIL LIAISON:

TYPE OF ACTION:



(Roll call)



Discussion

Information Only



Issuance

Denialx Approval

Rejection

Authorization

No action needed

No recommendation

STATEMENT: Dahmon Gullord has made application for a taxi license. Gullord has paid thelicense fee of $50.00 to operate one vehicle. Gullord has also provided an approved vehicle

inspection form and a copy of his pending insurance quote. Staff recommends approval of the

license pending a satisfactory police investigation and receipt of proof of insurance.

MDTION: To approve the Taxi License for Dahmon Gullord to operate one vehicle, pending a

satisfactory police investigation and receipt of the certificate of insurance.

VOTE REQUIRED: Simple majority

ATTACHMENTS:1. License Application

2. Insurance quote


/^.

CITY OF FAIRMONTMISCELLANEOUS LICENSE & PERMIT APPLICATION

Applicant's Name r^Lvy\o^ k". ^->t}

Applicant's Address L\ 2 2 bJs^^-l&r ^-1.

-n.\r^)^4. rr\A} ^&0^t

Applicant's Telephone Sep - 2 //? • <^ 7^

Applicant's Signature

Date of application ^/^f/2.^/^/

Type of application: (Include dates, time, location, requests from City, etc.)

Ecu/ L/^eo^& __

^

^50 ^ _Fee (if applicable) tT ^->(-/ lOizx-t^i»o-CtCITY USE ONLY

Application approved by _ DateInstructions/Comments

Application Distribution; City _ Applicant _ Police _ Other

i^

NICO-Rate for Minnesota NICO of Mid-America

Account Summary For Dahmon Gullord RAPIO REPLY

Quote ft 2940238

Status: PendingPolicy Type: AP

Qrigina!l)iCuoad. OTS/2014 925AM CDTOunte Printed: gfOMOM 3:-14PMEDTProp osed Effecfce 8/05f2014 12:00 AM CDTProposed Expiration 8/BSQ015 12:00 AM CDT

Quoted By: Pam DalbecNorthern States Agency, Inc.

750 Main Street, Suite 222Mendota Heights, MN 551183769

Phone - (651) 646-2651Fax-(651) 646.1971

[email protected]

Producer: PAULET-SLATER, INC.711 HALE AVEN, SUITE 101

SAINT PAUL, MN 55128Phone- (651)644-0311

Fax- (651)641-8981

DOT #: Unkncwn

MC #; Unknown

Symbol

1010

7

7

CoverageLiabilityUM - Bl OnlyDIM-Bl OnlyMedical PaymentsPIP

Physical Damage

Limit ($1500,000 CSL500,000 CSL500,000 CSLN/ANon-Stacked

See Specific Unit

Rental Vehicle Coverage

Premium ($)1,433

121146N/A626

N/A

12

Totall $2,338.00

Revision: 75MN2014R02

Vehicle Information

Unit

1 2000 LINCOLN TOWN CAR(90573)

Radius: Up to SO Miles

NICO-Rate Version: 8.3.31.228

Liability UM UIM MedPav PIP Phvs Dam Cargo/ AI/Lessor unit Sub TotalIn-Tow

1,433 Incl. Incl. N/A 626 N/A N/A N/A 2,059

wYk/"^ NationalIndemnityCompany

Since 1 940

,5.



SUBJECT: Park Board update and 2015 project recommendations ,. /

REVIEWED BY: Mike Humpal, CEcD, City Administrator f^


14.1




COUNCIL LIAISON: Councilor Rahm

TYPE OF ACTION:

Motion (Voice Vote)Ordinance 1st Reading

(Introduction only)Ordinance 2nd Reading

(Roll call)



xDiscussion

Information Only



Issuance

Denial

Approval

Rejection x

Authorization

No action needed

Norecommendation

STATEMENT: Steve Lebert, chairman of the Park Board, will give you an update on their work andalso make a recommendation to the Council regarding projects that the Park Board feels should beconsidered in the 2015 budget.


VOTE REQUIRED: N/A

ATTACHMENTS:1.

2.

3.


IC1.

fairmont city council agenda · 8/8/2014 · fairmont city council agenda 1. call to order -...

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