PROCEEDINGS OF

October 13, 2009

The regular meeting of the Staples City Council was called to order by Mayor Etzler at 7:00 p.m. on Tuesday, October 13, 2009 at the Staples Government Center. Present were Mayor Etzler, City Council Members Carlson, Einerwold, Flaten, Miles, Quance and Schmieg. Also present were City Administrator Mathews, City Clerk Lindaman, Community Development Director Nelsen, Police Chief Huber and other interested persons.

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

It was moved by Einerwold and seconded by Carlson 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, Quance and Schmieg voted yes. None voted no. Carried.

An application from Long Prairie Sanitary Service Inc. for a garbage hauling license was reviewed. Following some discussion with owner Lona Zander, it was moved by Carlson and seconded by Einerwold to approve a license as requested. Carlson, Einerwold, Etzler, Flaten, Miles, Quance and Schmieg voted yes. None voted no. Carried.

City Administrator Mathews reported that Al Erbe contacted the City to determine what he needs to do to obtain an intoxicating off-sale liquor license at the new Ernie's Supermarket development. The City Code limits the number of off-sale licenses to six and six licenses are currently issued. To issue additional licenses would require an amendment to the City Code. City Administrator Mathews noted that Police Chief Huber does not feel that off-sale establishments generate much law enforcement involvement. Support was expressed to amend the City Code to allow for additional business opportunities and an open market. Support was also expressed to not amend the City Code since the number of licenses are limited and have been limited by ordinance for several years, the number of licenses has not been an issue in recent memory, the history of why limits are imposed is not known, and a license has not officially been applied for. A desire for more information was expressed. After considerable discussion, it was moved by Carlson and seconded by Einerwold to begin the process of amending the City Code to remove the limit on the number of intoxicating offsale liquor licenses. Carlson, Einerwold, and Flaten voted yes. Etzler, Miles, Quance and Schmieg voted no. Motion failed.

Discussion was held on the Old Highway 10 Turnback Project and awnings and steps that are in the right-of-way. City Administrator Mathews reviewed a proposal to amend the Zoning Ordinance to specify that awnings shall not extend further than five feet from the back of the curb and be no lower than eight feet in height. It was moved by Quance and seconded by Carlson to recommend the Planning and Zoning Commission begin the process of amending the Zoning Ordinance as proposed. Carlson, Einerwold, Etzler, Flaten, Miles, Quance and Schmieg voted yes. None voted no. Carried.

City Administrator Mathews reported that, unless the Council objects, the policy will be that existing steps currently encroaching in the right-of-way will be allowed to remain, and if the City worsens an access situation by changes in the right-of-way then the City will be responsible to correct the situation. No objections were expressed.

City Administrator Mathews reviewed the minutes of the September 29, 2009 Airport Board meeting.

Police Chief Huber updated the Council on the results of the forfeited vehicle auction sale. The City's share of the net proceeds is estimated to be $25,000 which is to be used for DWI - related enforcement, training and education. Chief Huber reported that the primary items needed at this time are video cameras for three police cars.

City Administrator Mathews presented a request from Sacred Heart Church for permission to conduct bingo on November 22, 2009. Concerns were expressed that the request was not a separate agenda item. It was moved by Quance and seconded by Schmieg to grant the request. Einerwold, Etzler, Flaten, Quance and Schmieg voted yes. Carlson and Miles voted no. Carried.

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

Council Member Quance suggested that a thank you be sent to MnDOT and BNSF Railway for the 6th Street crossing upgrade.

It was moved by Miles and seconded by Quance to adjourn the meeting at 8:18 p.m. Carlson, Einerwold, Etzler, Flaten, Miles, Quance and Schmieg voted yes. None voted no. Carried. Approved: Chris Etzler, Mayor Attest: Phil Lindaman, City Clerk

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