December 22, 2009

The regular meeting of the Staples City Council was called to order by Mayor Etzler at 7:00 p.m. on Tuesday, December 22, 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, Public Works Director Klein and other interested persons.

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

It was moved by Quance and seconded by Flaten 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.

It was moved by Quance and seconded by Schmieg to give Ordinance No. 484 its second reading and adoption establishing a natural gas franchise fee of $1.50 per month per meter plus $ 0.013 per 100 cubic feet of gas, adjusting annually for inflation. Carlson, Einerwold, Etzler, Flaten, Miles, Quance and Schmieg voted yes. None voted no. Carried.

It was moved by Miles and seconded by Carlson to give Ordinance No. 485 its second reading and adoption granting Todd-Wadena Electric Cooperative a franchise to operate and maintain an electric distribution system in the City of Staples. Carlson, Einerwold, Etzler, Flaten, Miles, Quance and Schmieg voted yes. None voted no. Carried.

It was moved by Schmieg and seconded by Quance to introduce Resolution No. 1489 supporting a Staples Historical Society Transportation Equity Act grant application for restoration of the Staples Northern Pacific Historic Depot, including a Memorandum of Understanding agreeing to assist in supporting the long term maintenance plans as they directly relate to the restoration project plans. Council Member Carlson expressed concerns about the potential fi- nancial liability to the City. Tom Crawford reviewed the restoration plans included in the grant application. Discussion was held on the applicability of long term maintenance in relationship to the restoration plans. It was moved by Carlson and seconded by Flaten to table action and to further define the City’s responsibility. Carlson and Flaten voted yes. Einerwold, Etzler, Miles, Quance and Schmieg voted no. Motion failed. Upon vote being taken on the original motion: Einerwold, Etzler, Flaten, Quance and Schmieg voted yes. Carlson and Miles voted no. Carried.

City Administrator Mathews reviewed a Membership Agreement and Joint Powers Agreement with Lakes Country Service Cooperative for group employee benefits and other financial and risk management services. The primary purpose of the Agreements is to access group health insurance. It was moved by Quance and seconded by Carlson to approve the agreements as presented. Carlson, Einerwold, Etzler, Flaten, Miles, Quance and Schmieg voted yes. None voted no. Carried.

It was moved by Schmieg and seconded by Einerwold to begin the process of amending the City Code to remove the limit on the number of intoxicating off-sale liquor licenses. City Administrator Mathews reported that Al Erbe is interested in obtaining an off-sale license at the new Ernie’s Supermarket development. The City Code however limits the number to six which are currently all issued. Research has shown that the City Council imposed the limit in 1980. No documentation could be found for the reason the limit was imposed. Ron Hreha, from the Staples Off Sale Liquor, Inc., expressed objection to additional licenses. After considerable discussion, Carlson voted yes on the motion. Einerwold, Etzler, Flaten, Miles, Quance and Schmieg voted no. Motion failed.

It was moved by Schmieg and seconded by Quance to direct the City Attorney to draft an ordinance amending the City Code to distinguish between stand-alone intoxicating off-sale liquor store licenses and combination on-sale/off-sale licenses, with the limit on standalone licenses set at six. Einerwold and Miles voted no. Carlson, Etzler, Flaten, Quance and Schmieg voted yes. Carried.

City Administrator Mathews reviewed a Public Employees Retirement Association (PERA) phased retirement option program and a Memorandum of Understanding with AFSCME Local Union No. 65 approving a PERA Phased Retirement Agreement for Randy Evans. The PERA phased retirement option program allows eligible employees to begin receiving a PERA pension without formally resigning. It was moved by Quance and seconded by Miles to introduce Resolution No. 1490 authorizing the PERA Phased Retirement Option. Carlson, Einerwold, Etzler, Flaten, Miles, Quance and Schmieg voted yes. None voted no. Carried.

It was moved by Quance and seconded by Flaten to approve the Memorandum of Understanding with AFSCME Local Union No. 65 approving a PERA Phased Retirement Agreement for Randy Evans. Carlson, Einerwold, Etzler, Flaten, Miles, Quance and Schmieg voted yes. None voted no. Carried.

It was moved by Quance and seconded by Carlson to approve a Municipal Maintenance Agreement with Wadena County for snow removal on Airport Road. Carlson, Einerwold, Etzler, Flaten, Miles, Quance and Schmieg voted yes. None voted no. Carried.

Tim Houle from Widseth Smith Nolting updated the Council on the status of the Old Highway 10 Turnback Project. Mr. Houle reviewed cost estimates and pictures for a base level streetscape design and an enhanced level streetscape design. Pictures with four trees per block face and pictures without trees were also reviewed. Considerable discussion was held on the added features and cost of the enhanced design. Some Council support was expressed for more of a base level design given the state of the economy. Some Council support was also expressed for adding enhancements, feeling that the project is a one time opportunity to make the area of the community as attractive as possible. Mr. Houle indicated that he will work with City staff to develop a middle ground for the Council’s consideration.

Public Works Director Klein reviewed the minutes of the December 7, 2009 Public Works Commission meeting, including the recommendation to amend the Access Easement Agreement with Staple Food Corporation. Staple Food Corporation is requesting that they be allowed to shift the 14th Street access to the new Ernie’s Supermarket development approximately 21 feet north. Staff does not support the proposed change due to the creation of an offset intersection, reduced vehicle stacking, and the distance to Highway 10. Al Erbe noted that the access is located in accordance with the approved building permit and that he was not notified of a problem until after construction had started. Mr. Erbe also noted that if the access is not shifted, it will conflict with the parking lot configuration. Community Development Director Nelsen noted that the Access Easement Agreement determining the location of the access was dated December 30, 2008. After considerable discussion, it was moved by Carlson and seconded by Quance to deny the request to amend the Access Easement Agreement, do everything possible to assist Staple Food Corporation, and keep the intersection in alignment. Carlson, Einerwold, Etzler, Quance and Schmieg voted yes. Flaten and Miles voted no. Carried.

Council Member Quance reviewed the minutes of the December 14, 2009 Community Services/ Forestry and Beautification board meeting. Upon the recommendation of the Board, it was moved by Quance and seconded by Flaten to renew the Lease Agreement with Kinship of Todd-Wadena Counties for office space at the Community Center for 2010. Carlson, Einerwold, Etzler, Flaten, Miles, Quance and Schmieg voted yes. None voted no. Carried.

Upon the recommendation of the Community Services/Forestry and Beautification Board, it was moved by Quance and seconded by Miles to renew the LSS Senior Nutrition Program Site Use Agreement for 2010. Carlson, Einerwold, Etzler, Flaten, Miles, Quance and Schmieg voted yes. None voted no. Carried.

Upon the recommendation of the Community Services/Forestry and Beautification Board, it was moved by Quance and seconded by Schmieg to approve the Community Center and Parks Department user fees for 2010. Carlson, Einerwold, Etzler, Flaten, Miles, Quance and Schmieg voted yes. None voted no. Carried.

Upon the recommendation of the Community Services/Forestry and Beautification Board, it was moved by Quance and seconded by Miles to approve joining the Greater Minnesota Regional Parks and Trails Association to support regional parks and trails needs. Carlson, Einerwold, Etzler, Flaten, Miles, Quance and Schmieg voted yes. None voted no. Carried.

Council Member Flaten reviewed the minutes of the December 21, 2009 Planning and Zoning commission meeting, including the acceptance of Chairman Niemann’s letter of resignation from the Commission. It was moved by Flaten and seconded by Quance to send a letter to Mr. Niemann thanking him for his years of service. Carlson, Einerwold, Etzler, Flaten, Miles, Quance and Schmieg voted yes. None voted no. Carried.

Ken Anderson ap - peared before the Council to request use of a meeting room at the Community Center at 8:00 p.m. on Thursday, December 24, 2009 and Thursday, December 31, 2009 for the regular scheduled meetings of Alcoholics Anonymous. Mr. Anderson was directed to contact Parks and Recreation Director Grondahl. Tom Crawford noted that space in the Depot is available.

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

It was moved by Miles and seconded by Quance to adjourn the meeting at 9:42 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 2pnc

December 22, 2009

A special meeting of the Staples City Council was called to order by Mayor Etzler at 6:00 p.m. on Tuesday, December 22, 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 and via telephone Attorney Chris Hood.

It was moved by Carlson and seconded by Miles to close the meeting to consider strategy for labor negotiations. Carlson, Einerwold, Etzler, Flaten, Miles, Quance and Schmieg voted yes. None voted no. Carried.

Discussion was held at the closed meeting on strategy for labor negotiations.

It was moved by Quance and seconded by Einerwold to reopen the meeting at 6:55 p.m. Carlson, Einerwold, Etzler, Flaten, Miles, Quance and Schmieg voted yes. None voted no. Carried.

It was moved by Einerwold and seconded by Flaten to adjourn the meeting at 6:55 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 2pnc