Detroit Lakes, Minnesota

                                                                                    July 17, 2006

            A special meeting of the City Council was called to order in the Council Chambers of the City Administration Building at 3:00 P.M., Monday, July 17, 2006, all members of the Council having been duly notified of the meeting and the business to be transacted.

            Present:            Mayor Larry G. Buboltz; City Attorney William Briggs; City Administrator Richard Grabow; Assistant City Administrator Lynne Krieger; Finance Officer Louis Guzek; Community Development Director Larry Remmen; Street Commissioner Roy Estes; Public Utilities Superintendent Curt Punt; Police Chief Kelvin Keena and Building Official Calvin Mayfield.

                                    Aldermen:         Anderson, Aune, Brenk, Hannon, Heltemes,  Imholte, Tollefson, Tucker and Zeman.

            Others Present:            Dixie Johnson, Chairman of the Charter Committee; and Charter Committee Members Tom Klyve, Sally Oja, and Duane Wething.

 Absent:            Liquor Store Manager Bradley MacMaster; Fire Chief Jeffrey Swanson and City Engineer Gary Nansen.

            A motion was made by Alderman Hannon, seconded by Alderman Aune and carried, without a dissenting vote, approving the issuance of a four-day transient merchant’s license to Troy Beighley, Eau Claire, Wisconsin, allowing him to sell WE Fest Tickets at 1018 Highway 59 South, August 2-5, 2006, pursuant to his application, surety bond and fee.

            Mayor Buboltz thanked the Home Rule Charter Committee which consisted of Dixie Johnson, Sally Oja, Duane Wething, Tom Klyve, David Welte, G.L. Tucker, Jim Anderson and Mayor Buboltz, for all the time they contributed in researching and making proposed changes to the Home Rule Charter.  City Administrator reviewed the proposed amendments by chapter.  The following actions were taken:

            A motion was made by Alderman Zeman, seconded by Alderman Hannon to amend a portion of Section 2.05 of the City Charter to read as follows:  “No former Council Member shall hold any compensated appointive office or employment with the City until three years after the expiration of the term for which the member was elected to the Council unless granted a waiver by the Council.”  Mayor Buboltz advised the Council that the Charter Committee had recommended adding this item but for only one year.  After discussion, Mayor Buboltz called the question and the motion did not carry.

            A motion was made by Alderman Hannon, seconded by Alderman Heltemes, to add to Section 2.05 of the proposed Home Rule Charter the following:  “The Council shall appoint members to the Boards/Commissions/Committees for three-year terms.  A member of a Board/Commission/Committee shall not be eligible for reappointment after having served three consecutive three-year terms until after a lapse of one term.”  Alderman Hannon informed the Council that this language is in the Administrative Code but wants it to be placed in the City Charter to prevent misuse.  Discussion was held on the Development Authority having 5-year terms.  City Administrator Richard Grabow advised that to change the Development Authority terms to 3-year terms, the Council would need to change the Enabling Ordinance establishing the Development Authority.  Discussion was held to change the terms on the Development Authority via the Administrative Code.  Mayor Buboltz then called the question and the motion did not carry.

            A motion was made by Alderman Hannon, seconded by Alderman Heltemes, to amend a portion of Section 2.07 of the proposed Home Rule Charter, as follows:  “The Mayor shall attend and preside at meetings of the Council and shall have no vote except in case of a tie, represent the City in intergovernmental relationships, appoint with the advice and consent of the Council, by providing names on the agenda of appointees and having said appointees present at the appointee meeting for Council to meet and question, for all of the members of the citizens advisory boards and commissions.  Discussion was held on providing the names of appointees to the Council prior to the City Council Meeting where the appointment occurs and a suggestion was made that a procedure for appointments could be outlined in the Administrative Code.  The Mayor then called the question and the motion did not carry.

            A motion was made by Alderman Brenk, seconded by Alderman Zeman and carried to amend Section 3.01 in the Home Rule Charter to eliminate that the annual meeting of the Council be held on the first Tuesday following the first Monday in January of each year.  Mayor Buboltz made note this would make the annual Council meeting consistent with all other Council meetings.

            A motion was made by Alderman Zeman, seconded by Alderman Heltemes, to amend a portion of Section 2.05 and Section 10.03 of the Home Rule Charter as follows:  “The Public Utilities Commission shall consist of three appointed Utility Commission Members and three Council Members for a total of six members on the Utility Commission.  All members shall be residents and qualified electors of the City.  After discussion, Alderman Zeman withdrew his motion and made another motion which was seconded by Alderman Brenk and carried to amend a portion of Section 2.05 and Section 10.03 of the Home Rule Charter to read as follows:  “The Public Utilities Commission shall consist of not less than five nor more than seven members with two members being from the City Council.            

            A motion was made by Alderman Hannon, seconded by Alderman Imholte and carried, to amend Section 10.03 of the Home Rule Charter by adding the following:  “Commissioners shall be appointed for terms of up to three consecutive three-year terms and Commissioners now holding office shall continue to serve as Commissioners for the terms to which they were originally appointed and until their successors are appointed and qualified, not to exceed the three consecutive three-year terms on the Commission.”  Mayor Buboltz requested that City Administrator change Section 2.05 to be in compliance with Section 10.3.

            A motion was made by Alderman Zeman, seconded by Alderman Hannon to add to Section 10.03 of the Home Rule Charter the following:  “The members of said Commission shall be paid such salary as may be fixed by the City Council, but receive no other compensation for being on the Utilities Commission.”  After discussion, Mayor Buboltz called the question and the following vote was recorded:  Ayes:  Zeman, Tucker, Heltemes, Aune and Imholte and Nayes:  Anderson, Aune, Brenk and Tollefson.  The Mayor declared the motion carried. 

            A motion was made by Alderman Hannon, seconded by Alderman Zeman to amend a portion of Section 10.03 of the Home Rule Charter to read as follows:  “The Superintendent of the Public Utilities Department shall report to the City Manager as do all other Department Heads.”  After discussion, Mayor Buboltz called the question and the motion did not carried.

            There being no further business to conduct, by general consent, the meeting was adjourned at 5:12 P.M.

                                                                        Respectfully submitted,

                                                                        Lynne Krieger

                                                                        Assistant City Administrator