PROCEEDINGS OF

March 24, 2009

The regular meeting of the Staples City Council was called to order by Mayor Etzler at 7:00 p.m. on Tuesday, March 24, 2009 at the Staples Government Center. Present were Mayor Etzler, City Council Members Carlson, Einerwold, Flaten, Miles and Schmieg. Council Member Quance was absent. Also present were City Administrator Mathews, City Clerk Lindaman, Community Development Director Nelsen, Parks and Recreation Director Grondahl and other interested persons.

It was moved by Flaten and seconded by Carlson to approve the agenda as presented. Carlson, Einerwold, Etzler, Flaten, Miles and Schmieg voted yes. None voted no. Carried.

It was moved by Schmieg and seconded by Miles to approve the consent calendar items consisting of the minutes from the previous meeting and payment of the bills presented. Carlson, Einerwold, Etzler, Flaten, Miles and Schmieg voted yes. None voted no. Carried.

It was moved by Carlson and seconded by Schmieg to grant a request from Sacred Heart Area School for permission to conduct a raffle on April 25, 2009. Carlson, Einerwold, Etzler, Flaten and Schmieg voted yes. Miles voted no. Carried.

It was moved by Carlson and seconded by Flaten to grant a request from Sacred Heart Catholic Church for permission to conduct bingo on April 5, 2009. Carlson, Einerwold, Etzler, Flaten and Schmieg voted yes. Miles voted no. Carried.

It was moved by Flaten and seconded by Miles to appoint Rose Hoemberg to the Housing and Redevelopment Authority of Staples Board of Commissioners until November 2012. Carlson, Einerwold, Etzler, Flaten, Miles and Schmieg voted yes. None voted no. Carried.

Dog and cat licensing regulations and the related license and impound fee schedule were reviewed. Council Member Einerwold reported on receiving concerns about the three year term of the license. Some dog and cat owners feel that a lifetime license would be more appropriate. After considerable discussion, it was the consensus of the Council to take the concerns under advisement and to consider changes if more concerns are expressed. It was also suggested that the City newsletter contain a reminder that licenses expire after three years

Parks and Recreation Director Grondahl reviewed the minutes of the March 9, 2009 Community Services/ Forestry and Beautification Board meeting.

Council Member Flaten reviewed the minutes of the March 16, 2009 Planning and Zoning Commission meeting, including the Commission's feelings on the appeals process and the provisions relating to the Board of Adjustments and Appeals in the proposed ordinance amending sign regulations and in the Zoning Ordinance. The Commission feels that the Board of Adjustments and Appeals should remain a three member independent board rather than the City Council assuming the duties of the Board of Adjustments and Appeals. According to legal counsel, state statutes provide that the Board of Adjustments and Appeals makes the fi- nal decision on appeals and does not recommend to the City Council.

It was moved by Flaten and seconded by Miles to give an ordinance amending sign regulations its first reading. Council Member Schmieg and Einerwold felt that the City Council should make the final decision on appeals. After some discussion; Carlson, Etzler, Flaten and Miles voted yes on the motion to give an ordinance amending sign regulations its first reading. Einerwold and Schmieg voted no. Carried.

A draft Business Corridor Overlay District Ordinance as recommended by the Planning and Zoning Commission was presented to the Council for review and comment at a future meeting.

Jim Jeziorski appeared before the Council to express concerns about additional tax increases, disruption to businesses during upcoming street construction projects ensuing special assessments and additional taxes due to street construction projects and the relocation of downtown businesses to the Highway 10 corridor. Mr. Jeziorski also suggested that alternatives to constructing a new City Hall building should be considered.

Don Ludovissie appeared before the Council to express concerns about access to the building at 611 Highway 10 East possibly being restricted due to the proposed construction of a new library and City Hall building. Mr. Ludovissie also expressed concerns about the 2007 violation of the Zoning Ordinance on the property at 1403 4th Street NE. Vertical steel siding and steel roofing were installed on a garage prior to obtaining a building permit. The Zoning Ordinance requires that the garage be of same or similar finish and be of homogeneous design with the principal structure, which is stucco with a shingled roof. Mr. Ludovissie did not feel that the steel roofing should have to be removed and matched to the house roof, and felt that the Zoning Ordinance was wrong. Mr. Ludovissie was invited to attend the next meeting of the Planning and Zoning Commission to further express his concerns.

City Administrator Mathews updated the Council on various projects and activities.

It was moved by Miles and seconded by Einerwold to adjourn the meeting at 8:38 p.m. Carlson, Einerwold, Etzler, Flaten, Miles and Schmieg voted yes. None voted no. Carried.

Approved: Chris Etzler, Mayor

Attest: Phil Lindaman, City Clerk

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