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HomeMy WebLinkAbout2003 03-10 CCM Regular Session MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION MARCH 10, 2003 CITY HALL - COUNCIL CHAMBERS 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM Mayor Kragness opened Informal Open Forum at 6:45 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Kay Lasman, Diane Niesen, and Bob Peppe. Also present were Interim Assistant City Manager Sharon Klumpp, City Attorney Charlie LeFevere, and City Clerk Sharon Knutson. No one wished to address the Council. ADJOURN INFORMAL OPEN FORUM The Council adjourned Informal Open Forum at 6:45 p.m. and continued with its Study Session. 2. INVOCATION Councilmember Carmody offered the invocation. 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session and was called to order by Mayor Myrna Kragness at 7:01 p.m. 4. ROLL CALL Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Kay Lasman, Diane Niesen, and Bob Peppe. Also present were Interim Assistant City Manager Sharon Klumpp, City Attorney Charlie LeFevere, Acting City Engineer Scott Brink, and City Clerk Sharon Knutson. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 03/10/03 -1- 6. COUNCIL REPORT Councilmember Carmody said she attended Read Across America at Evergreen Park Elementary School, and that she was also involved in the Minnesota Minority Education Partnership at the school. Councilmember Lasman reported she attended the City Council retreat on March 3 and the Northwest Regional Human Rights Coalition meeting on March 4. She said seven of the 2003 art contest winners were from Brooklyn Center schools, and they've been invited to display their artwork in the Brooklyn Center Council Chambers at the March 24 City Council meeting. She encouraged the public to attend the Heritage Festival on March 23 from 12:30 to 4:30 p.m. at Brooklyn Center High School. She also invited the public to attend a Presentation and Community Forum on the USA Patriot Act at the Robbinsdale City Hall on March 27 from 7 to 9 p.m. Councilmember Niesen stated she attended the League of Minnesota Cities Leadership Conference for Newly Elected Officials and indicated she was educated on her new role as a Council Member. She also attended the March 3 City Council retreat. She invited the public to attend a town meeting hosted by Senator Scheid and Representative Hilstrom on March 11 from 7 to 8:30 p.m. in the City Hall Council Chambers. She noted she had attended the town meeting in Brooklyn Park, since she would not be able to attend the Brooklyn Center town meeting. Mayor Kragness reported that she attended the Association of Metropolitan Municipalities meeting and met Peter Bell, Chair of Metropolitan Council. She noted that she invited Mr. Bell to meet with City officials in Brooklyn Center. She also attended the Hennepin County Welfare Reform committee meeting and discussed how they are seeing in increase in the number of new people applying for welfare due to the economy. Mayor Kragness expressed appreciation for the public service of Sharon Klumpp for her services as Interim Assistant City Manager/Public Works Director over the past few months and presented a gift of flowers from the City Council. 7. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Niesen requested agenda item 7a, Approval of Minutes, be removed from the consent agenda and placed as item 9j under Council Consideration Items, as she had some revisions. Where was a motion by Councilmember Lasman, seconded by Councilmember Carmody to approve the agenda and consent agenda as amended. Motion passed unanimously. 7a. APPROVAL OF MINUTES Approval of Minutes was removed from the Consent Agenda and moved to item 9j under Council Consideration Items. 03/10/03 -2- 7b. LICENSES A motion by Councilmember Lasman, seconded by Councilmember Carmody to approve the following list of licenses. Motion passed unanimously. MECHANICAL Air Quality Services, Inc. 3910 Leslee Curve, Excelsior Team Mechanical, Inc. 3560 Snelling Ave, Minneapolis RENTAL Initial: 4216 Lakebreeze Ave N Mark Lee [1/17/03 — dog at large complaint owner; 1/1/03 — nuisance call (loud stereo); 9/20/02 and 9/16/02 — domestic assault/disturbance; 9/6/02 — warrant arrest pickup] SIGNHANGER Attracta Sign 7240 West Lake Street, Minneapolis TOBACCO RELATED PRODUCT Tony's Store 6120 Earle Brown Drive, Suite 103 7c. APPROVAL OF APPLICATION FOR EXEMPTION FROM LAWFUL GAMBLING LICENSE (RAFFLE APPLICATION) FROM THE NORTH HENNEPIN COMMUNITY COLLEGE FOUNDATION FOR AN EVENT TO BE HELD AT EARLE BROWN HERITAGE CENTER ON APRIL 25, 2003 There was a motion by Councilmember Lasman, seconded by Councilmember Carmody to approve an application for exemption from lawful gambling license (raffle application ) from the North Hennepin Community College Foundation for an event to be held at Earle Brown Heritage Center on April 25, 2003. Motion passed unanimously. 8. PUBLIC HEARINGS 8a. AN ORDINANCE AMENDING CHAPTER 4, SECTION 4.05, OF THE BROOKLYN CENTER CITY CHARTER Mayor Kragness introduced An Ordinance Amending Chapter 4, Section 4.05, of the Brooklyn Center City Charter, explaining the ordinance was introduced on February 10, 2003, and published in the City's official newspaper on February 19, 2003, and is offered this evening for a second reading and Public Hearing. 03/10/03 -3- I Interim Assistant City Manager Sharon Klumpp explained that this ordinance amendment was recommended by the Charter Commission to bring the City Charter into conformance with State Statutes. The change would lengthen the withdrawal period for a candidate filing for office from noon on the day following the last day to file affidavits of candidacy to no later than 5:00 p.m. two days after the last day for filing affidavits of candidacy. There was a motion by Councilmember Carmody, seconded by Councilmember Peppe to open the Public Hearing. Motion passed unanimously. No one appeared to speak at the Public Hearing. There was a motion by Councilmember Carmody, seconded by Councilmember Lasman to close the Public Hearing. Motion passed unanimously. ORDINANCE NO. 2003-01 Member Lasman introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 4, SECTION 4.05, OF THE BROOKLYN CENTER CITY CHARTER The motion for the adoption of the foregoing ordinance was duly seconded by member Carmody. Motion passed unanimously. 8b. IMPROVEMENT PROJECT NOS. 2003-01,02, AND 03 HAPPY HOLLOW AREA STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS Ms. Klumpp explained that in 2002 the City Council had identified and established the Happy Hollow improvement proj ect for the year 2003. She said there were two Public Hearings scheduled for this evening. The first was to order the improvements and authorize development of plans and specifications. She further stated that if the City Council orders the project, then the second Public Hearing would be to certify special assessments for the improvement project area to the Hennepin County tax rolls. Interim City Engineer Scott Brink provided some history on the street improvement program, stating the program began approximately ten years ago. He showed an overhead of the city, describing which areas had been improved and the portions that are left for improvement. Mr. Brink described the Happy Hollow project area as all streets within the area bounded by Brooklyn Boulevard on the north and east, T.H. 100 on the north and west, and 49th Avenue on the south, with the following exception: those streets located immediately adjacent to Brookdale Covenant Church and Malmborg Nursery which have been deleted from the project as a result of on- going traffic study considerations with Hennepin County regarding Brooklyn Boulevard. 03/10/03 -4- Mr. Brink reviewed the tentative schedule for the project, which sets May 1 as a start date and September 15 as a construction substantially completed date. He said an informational neighborhood meeting regarding the project was held on January 16 and was very well attended. Mr. Brink referenced the Engineer's Feasibility Report included in the agenda packet and described that the proposed improvements include street, sanitary sewer, water mains, and storm drainage. He stated the estimated total cost for the project was $2.2 million and reviewed a breakdown of the funding sources. He said it is proposed to reconstruct the streets as two lane roadways measuring 30 feet in width, along with curb and gutter and driveway aprons. He said the sanitary sewer lines are also proposed to be replaced, and he explained that televised inspections of the sanitary sewers have indicated that root infiltration is significant throughout the majority of the system in the Happy Hollow project area and property owners have indicated they have had sewer problems. Mr. Brink stated if the project were approved this evening, then the plans and specifications would come before the City Council for approval. He also noted that a pre - construction meeting was proposed to be held with the residents before the project begins and informed that information would be provided to residents during the construction project through the construction hotline and project newsletters. 8b1. RESOLUTION ORDERING IMPROVEMENTS AND AUTHORIZING DEVELOPMENT OF PLANS AND SPECIFICATIONS FOR IMPROVEMENT PROJECT NOS. 2003-01,02, AND 03, HAPPY HOLLOW AREA STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS There was a motion by Councilmember Carmody, and seconded by Councilmember Niesen to open the Public Hearing on a Resolution Ordering Improvements and Authorizing Development of Plans and Specifications for Improvement Project Nos. 2003 -01, 02, and 03, Happy Hollow Area Street, Storm Drainage, and Utility Improvements. Motion passed unanimously. Carolyn Winston, 5001 Brooklyn Boulevard, addressed the Council explaining that she had only lived in her home for 1 1/2 years and the cost of the special assessment would be a hardship at this time. She said she was unable to attend the neighborhood meeting and inquired if she could spread the cost out over a period of time. Mayor Kragness responded that there was an option available to pay for the assessment over a ten - year period, with 5.5% interest. There was discussion regarding the location of Ms. Winston's property on the corner of 50th and Brooklyn Boulevard and what options may be available for her. Mayor Kragness directed that the City Engineer work with Ms. Winston to resolve her concerns. 03/10/03 -5- Leo Hanson, 4903 Brooklyn Boulevard, addressed the Council and explained that his property is on a corner lot, and he has taken care of a pie shaped parcel of City -owned property for a number of years and inquired what will happen with that piece. He further stated he is getting too old to maintain the property but doesn't want it to become filled with litter and debris. There was discussion regarding the location of Mr. Hanson's property and the City -owned area of concern. Mr. Brink said he believes that Mr. Hanson's property has an unusually large boulevard due to an easement. He also indicated that since the plans are still being drawn, the area could be reviewed. Council expressed appreciation to Mr. Hanson for maintaining the City -owned parcel and directed that the City Engineer work with Mr. Hanson to resolve his concerns. Dan Remiarz, 6201 June Avenue North, addressed the Council inquiring how the improvement project areas are determined each year and what criteria the City uses and why his neighborhood is not scheduled for another five years, yet areas surrounding his neighborhood have been completed. Councilmember Carmody responded to Mr. Remiarz, explaining that a rating system is used and areas are evaluated based on water quality problems, drainage, or other conditions affecting neighborhoods. Mr. Brink further explained that some projects have been moved up because of sanitary sewer conditions and drainage problems and cited two examples were Orchard Lane and the Southeast area. He informed Mr. Remiarz that a neighborhood petition for the improvement project is always an option. There was a motion by Councilmember Lasman, seconded by Councilmember Carmody to close the Public Hearing. Motion passed unanimously. RESOLUTION NO. 2003 -38 Member Peppe introduced the following resolution and moved its adoption: RESOLUTION ORDERING IMPROVEMENTS AND AUTHORIZING DEVELOPMENT OF PLANS AND SPECIFICATIONS FOR IMPROVEMENT PROJECT NOS. 2003 -01, 02, AND 03, HAPPY HOLLOW AREA STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by member Lasman. Motion passed unanimously. 8b2. RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NOS. 2003 -01 AND 2003 -02, CONTRACT 2003 - A, HAPPY HOLLOW AREA NEIGHBORHOOD STREET AND STORM DRAINAGE IMPROVEMENTS TO THE HENNEPIN COUNTY TAX ROLLS 03/10/03 -6- Following Council approval of the Happy Hollow Improvement Project, Ms. Klumpp introduced the Public Hearing for certifying special assessments for the project. She explained that the City Council established the special assessment rates in 2002, and the residential rate for street improvements is $2,500 and $820 for sanitary sewer. She reviewed the options outlined in the Council resolution, 1) the special assessment could be paid between March 11 and September 30, 2003, without accrual of interest; 2) from October 1 to the end of the business day on November 24, 2003, the special assessment could be paid, with 5.5% interest calculated from October 1, 2003, to the date of the payment; or 3) the special assessment could be payable in equal annual installments extending over a ten-year ° e year period bearing interest on the entire assessment at the rate of 5.5 /o. There was a motion by Councilmember Lasman, seconded by Councilmember Carmody to open the Public Hearing on a Resolution Certifying Special Assessments for Improvement Project Nos. 2003- 01 and 2003 -02, Contract 2003 -A, Happy Hollow Area Neighborhood Street and Storm Drainage Improvements to the Hennepin County Tax Rolls. No one appeared to speak at the Public Hearing. There was a motion by Councilmember Lasman, seconded by Councilmember Carmody to close the Public Hearing. Motion passed unanimously. RESOLUTION NO. 2003-39 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NO. 2003 -01 AND 2003 -02, CONTRACT 2003 -A, HAPPY HOLLOW AREA NEIGHBORHOOD STREET AND STORM DRAINAGE IMPROVEMENTS TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by member Lasman. Motion passed unanimously. 8c. PROPOSED SPECIAL ASSESSMENTS FOR DISEASED TREE REMOVAL COSTS, DELINQUENT WEED REMOVAL COSTS, AND DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS - RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR DISEASED TREE REMOVAL COSTS TO THE HENNEPIN COUNTY TAX ROLLS - RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR DELINQUENT WEED REMOVAL COSTS TO THE HENNEPIN COUNTY TAX ROLLS - RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS TO THE HENNEPIN COUNTY TAX ROLLS 03/10/03 -7- Ms. Klumpp introduced the Public Hearing on proposed special assessments for diseased tree removal costs, delinquent weed removal costs, and delinquent public utility service accounts. She said there are three separate resolutions before the City Council to certify the special assessments, each with a list of properties to be levied. She further stated there was a significant reduction in the number of properties to be levied from the first notice mailed out to this evening's final list. There was a motion by Councilmember Carmody, seconded by Councilmember Lasman to open the Public Hearing on proposed special assessments for diseased tree removal costs, delinquent weed removal costs, and delinquent public utility service accounts. Motion passed unanimously. No one appeared to speak at the Public Hearing. There was a motion by Councilmember Lasman, seconded by Councilmember Carmody to close the Public Hearing. Motion passed unanimously. RESOLUTION NO. 2003-40 Member Lasman introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR DISEASED TREE REMOVAL COSTS TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by member Carmody. Motion passed unanimously. RESOLUTION NO. 2003-41 Member Lasman introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR DELINQUENT WEED REMOVAL COSTS TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by member Carmody. Motion passed unanimously. RESOLUTION NO. 2003 -42 Member Lasman introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by member Carmody. Motion passed unanimously. 03/10/03 -8- 9. COUNCIL CONSIDERATION ITEMS 9a. DISCUSSION AND CONSIDERATION OF CITY COUNCIL POLICY ON OPEN FORUM: REQUEST OF DAN REMIARZ Mayor Kragness asked Mr. Remiarz to address the Council with his agenda request. Mr. Remiarz addressed the Council and said he believes the Open Forum should be televised as part of the Council meeting in the Council Chambers. He said issues are brought up at Open Forum that residents don't know about because it is not televised. He stated he believes there is secrecy from residents. He also informed that he will check the law and would file a lawsuit if Open Forum were not televised, as he believes it should be. Mayor Kragness explained that the Council chose to remove the Open Forum session from live cablecast for many reasons, one of which was that people were not comfortable in front of the camera but would speak to the Council off camera. She further stated that the Council wants to hear from the people, and the Open Forum is open to the public for anyone to attend. She deferred to the City Attorney for his position on Open Forum. City Attorney Charlie LeFevere said that the Open Forum session is within Council discretion, and most public bodies do not provide an Open Forum session as part of the televised meeting. He said a televised Open Forum should not be a political platform to express ideas. He explained there are certain cases where law requires a public hearing that provides an opportunity to hear the public. He also said he was quite confident that there were no legal requirements to televise Open Forum. Councilmember Niesen stated that one of the things that she has talked about was a citizen survey to see what residents think and what they know. She said that things change and maybe it was time to review the Council policy on Open Forum. She further stated that she participated in Open Forum a number of years ago when it was televised and she believed there were no time limits. She asked what harm residents could do if they addressed the Council in a televised Open Forum. Mayor Kragness responded that in Open Forum the Council only listens to the people. She further stated that the people can make any statement, but the Council cannot respond and it may put the Council in a bad position. Councilmember Peppe informed that anything the Council discusses, whether at work sessions or in the study session, will eventually be discussed at a regular Council meeting. He further stated that nothing is done off the air that people don't know about. He said he recalls when the Open Forum was televised and it was used as a political platform during election season to take shots at others. He reiterated that the Council does not discuss anything behind closed doors. Mayor Kragness reminded the public that all meetings are open to the public. 03/10/03 -9- i 9b. SCHEDULE JOINT MEETING WITH HOUSING COMMISSION FOR APRIL 2, 2003, AT 6 P.M. There was a motion by Councilmember Niesen, seconded by Councilmember Carmody to schedule April 2, 2003, at 6 p.m. for a joint meeting with the Housing Commission. Motion passed unanimously. 9c. SCHEDULE CITY COUNCIL WORK SESSION FOR APRIL 7, 2003, AT 6 P.M. There was a motion by Councilmember Lasman, seconded by Councilmember Carmody to schedule April 7, 2003, at 6 p.m. for a City Council Work Session. Motion passed unanimously. 9d. AN ORDINANCE REPEALING CHAPTER 2 OF THE CITY ORDINANCES OF THE CITY OF BROOKLYN CENTER AND ADOPTING A NEW ORDINANCE REGARDING THE DISPOSITION OF ABANDONED AND UNCLAIMED PROPERTY Ms. Klumpp introduced An Ordinance Repealing Chapter 2 of the City Ordinances of the City of Brooklyn Center and Adopting a New Ordinance Regarding the Disposition of Abandoned and Unclaimed Property. She said the ordinance amendment very closely follows State Statutes. Councilmember Peppe stated this was the first reading of this ordinance. He said questions have been raised by Council Members regarding disposal of items that the Council may or may not want to know about. He inquired if Ms. Klumpp would provide the concerns raised to the City Manager so that additional information could be provided to the Council. Ms. Klumpp responded affirmatively. Mayor Kragness reviewed the key differences in the ordinances as outlined in the memorandum provided in the agenda materials and highlighted the following: 1. Definitions are included in the proposed new ordinance. 2. Proposed new ordinance removes the $100 limitation and allows City Manager to determine the most appropriate method of disposal of abandoned or unclaimed property white retaining property owner rights. 3. Proposed new ordinance provides broader authority to deal with abandoned vehicles under the current State Statute. Councilmember Peppe inquired if the State Statutes regarding vehicles could be provided to the Council since there were some concerns raised regarding how items are disposed. Ms. Klumpp responded that the Statute is quite lengthy, but a review of it and summary could be provided. 03/10/03 -10- Councilmember Lasman inquired if the Council should approve first reading of an ordinance if it may change significantly before the public hearing. Mr. LeFevere informed that the ordinance was not a time - sensitive ordinance and could be tabled. He also said the City Council may not want to run the risk of holding a Public Hearing if there are too many changes to the ordinance as originally published. Mayor Kragness requested this ordinance amendment be added to the next work session agenda for further study and discussion. There was a motion by Councilmember Lasman, seconded by Councilmember Peppe to table An Ordinance Repealing Chapter 2 of the City Ordinances of the City of Brooklyn Center and Adopting a New Ordinance Regarding the Disposition of Abandoned and Unclaimed Property to the next regular session. Motion passed unanimously. 9e. ASSOCIATION OF METROPOLITAN MUNICIPALITIES REQUEST TO ADOPT RESOLUTION URGINING STATE LEGISLATURE NOT TO LIMIT LOCAL ABILITY TO RESPOND TO STATE BUDGET CUTS Ms. Klumpp stated the resolution was the City's response to State budget cuts and explained that Brooklyn Center was facing a $1.2 million reduction in State Aid for 2003 and as much as $2.2 million for 2004. She further explained that the resolution urges legislators to provide flexibility for local elected officials to respond and determine how to reduce their own budgets. Mayor Kragness read the resolution. RESOLUTION NO. 2003-43 Member Lasman introduced the following resolution and moved its adoption: RESOLUTION URGING STATE LEGISLATURE NOT TO LIMIT LOCAL ABILITY TO RESPOND TO STATE BUDGET CUTS The motion for the adoption of the foregoing resolution was duly seconded by member Niesen. Motion passed unanimously. 9f. RESOLUTION OPPOSING THE CLOSURE OF ANY SUBURBAN COURTHOUSE AND REQUESTING HENNEPIN COUNTY DISTRICT COURT TO SHARE INFORMATION AND COOPERATIVELY EXAMINE POSSIBLE SOLUTIONS FOR STATE FUNDING CUTS Ms. Klumpp explained the resolution was prepared at the request of the City Prosecutor in response to recent information learned of Hennepin County possibly closing one of the suburban courthouses. 03/10/03 -11- She further stated that if Hennepin County changes the way it operates, there will be impacts on cities with additional costs involved as outlined in the resolution. She said the major point the City wants to make was that it recognizes the County is also affected with budget cuts and wants to work with the County to look at solutions. Mayor Kragness read the resolution. RESOLUTION NO.2003 -44 Member Carmody introduced the following resolution and moved it adoption: RESOLUTION OPPOSING THE CLOSURE OF ANY SUBURBAN COURTHOUSE AND REQUESTING HENNEPIN COUNTY DISTRICT COURT TO SHARE INFORMATION AND COOPERATIVELY EXAMINE POSSIBLE SOLUTIONS FOR STATE FUNDING CUTS The motion for the adoption of the foregoing resolution was duly seconded by member Peppe. Motion passed unanimously. 9g. RESOLUTION APPROVING THE CONTRACT FOR LAW ENFORCEMENT LABOR SERVICES (LELS) LOCAL 82 AND THE CITY OF BROOKLYN CENTER FOR THE CALENDAR YEAR 2003 Ms. Klumpp outlined the contract the City had negotiated with Law Enforcement Labor Services Local 82, highlighting the following changes: 1) wages would be increased 2.5% as of January 1, 2003, and .75% as of July 1, 2003, which results in a cost to the City of 2.875% for 2003, lower than the 3% increase for Local 49 and non -union employees; 2) the starting wage for patrol officer is lowered from 72 to 70% of the base wage; 3) increase in uniform allowance by $15 per year for uniformed officers and $25 per year for detectives; and 4) change in the wellness incentive program to reflect the number of hours an employee regularly works. RESOLUTION NO. 2003-45 Member Lasman introduced the following resolution and moved its adoption RESOLUTION APPROVING THE CONTRACT FOR LAW ENFORCEMENT LABOR SERVICES (LELS) LOCAL 82 AND THE CITY OF BROOKLYN CENTER FOR THE CALENDAR YEAR 2003 The motion for the adoption of the foregoing resolution was duly seconded by member Carmody. Motion passed unanimously. 9h. RESOLUTION APPROVING THE CONTRACT FOR LAW ENFORCEMENT LABOR SERVICES (LELS) LOCAL 86 AND THE CITY OF BROOKLYN CENTER FOR THE CALENDAR YEAR 2003 03/10/03 -12- Ms. Klumpp reviewed for Council the contract the City had negotiated with Law Enforcement Labor Services (LELS) Local 86, highlighting the following changes: 1) increase in wages of 3 %, with a 37 -cent per hour increase on July 1, 2003, to bring the unit to the average of Brooklyn Center's comparable cities; 2) increase in uniform allowance by $15 per year; and 3) housekeeping changes to language to clarify or conform to federal law. RESOLUTION NO. 2003 -46 Member Lasman introduced the following resolution and moved its adoption: RESOLUTION APPROVING THE CONTRACT FOR LAW ENFORCEMENT LABOR SERVICES (LELS) LOCAL 86 AND THE CITY OF BROOKLYN CENTER FOR THE CALENDAR YEAR 2003 The motion for the adoption of the foregoing resolution was duly seconded by member Carmody. Motion passed unanimously. 9i. RESOLUTION DECLARING SURPLUS PROPERTY AND AUTHORIZING SALE OF SAID PROPERTY Ms. Klumpp stated there is interest from local Fire Departments to purchase the Fire Department's used air paks. She said the compensation from the sale of the air paks would be deposited in to the vehicle replacement fund. RESOLUTION NO. 2003-47 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION DECLARING SURPLUS PROPERTY AND AUTHORIZING SALE OF SAID PROPERTY The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 9j. APPROVAL OF MINUTES Councilmember Niesen requested changes to the February 10, 2003, Study Session minutes as follows: 1) last paragraph of page 1 to replace "is not happy" with "has concerns "; 2) first paragraph of page 2 to replace "amending the City Charter to allow this to happen" with "reinstating the City Charter provision to allow the City Council to ratify decisions of the City Manager with regard to appointment and removal of department heads;" and 3) to expand on the fourth paragraph under Requests for Council Resolution. 03/10/03 -13- Councilmember Niesen requested changes to the February 24, 2003, Regular Session minutes as follows: last paragraph to include "Councilmember Niesen noted that this was not a public hearing." Council briefly discussed the requested changes, and Councilmember Niesen said the minutes need to reflect the what and the why. There was a motion by Councilmember Lasman, seconded by Councilmember Peppe to approve the February 10, 2003, Study Session minutes and February 24, 2003, Regular Session minutes as amended, and to approve the February 10, 2003, Regular Session minutes, February 24, 2003, Study Session minutes, and February 24, 2003, Work Session minutes. Motion passed unanimously. 10. ADJOURNMENT There was a motion by Councilmember Lasman, seconded by Councilmember Carmody to adj ourn the City Council meeting at 8:57 p.m. Motion passed unanimously. City Clerk Q Mayor� 03/10/03 -14-