November 5, 2009

The recessed October 27, 2009 meeting of the Staples City Council was reconvened by Mayor Etzler at 4:30 p.m. on Thursday, November 5, 2009 at the Staples Government Center. Present were Mayor Etzler, City Council Members Carlson, Flaten, Miles and Schmieg. Council Members Einerwold and Quance were absent. Also present were City Clerk Lindaman, Community Development Director Nelsen, City Attorney Krueger, Terry Minnick and Brenda Halvorson.

City Clerk Lindaman presented the results of the City Election held on Tuesday, November 3, 2009. The following returns were certified by the Election Judges:

It was moved by Carlson and seconded by Schmieg to canvass the election returns. Carlson, Etzler, Flaten, Miles and Schmieg voted yes. None voted no. Carried.

City Attorney Krueger reviewed his legal opinion letter dated November 4, 2009 related to two petitions received by the City. The first petition petitions the City Council to amend, by ordinance, the City Charter to require a referendum election on major improvements generally exceeding $50,000 and any full time permanent manpower expansions exceeding an annual cost of $50,000. The second petition petitions the City Council to schedule and facilitate a referendum election on the issue of the first petition. City Attorney Krueger finds that the method for amending the City Charter as proposed

is not permitted by state law and therefore the petitions are invalid and must be rejected. City Attorney Krueger also notes in his opinion that the amendment proposed is in direct contradiction to Section 5.05 of the City Charter and in addition, largely involves an administrative function which is a power generally reserved to the City Council.

Council Member Quance arrived at 4:45 p.m.

Council Member Carlson questioned whether the petitions direct the City Council to amend the City Charter or whether the petitions ask the City Council to amend the City Charter. Terry Minnick stated that the petitioners are petitioning the City Council to select Minnesota Statutes Section 410.12 Subdivision 6 to amend the City Charter.

Council Member Einerwold arrived at 4:53 p.m.

City Attorney Krueger reported that no action is required by the City Council and that he will be following up with a letter to the petitioners.

It was moved by Schmieg and seconded by Miles to adjourn the meeting at 4:57 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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