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Brier City Council Minutes May 10, 2005 Mayor Starks called the regular Brier City Council Meeting to order at 7:34 PM and the flag salute was given. Roll Call: Present: Councilmembers Colinas, Kaemingk, Gipson, Corpron-Smith, and Council member Morgan arrived at 7:37 PM. Council member Doolittle arrived at 7:42 PM. Absent: Council member McClenny. Public Requests & Oral Communications: Ed Walker 21206 Poplar Way stated that he believes the Council should approve the Comp Plan Draft to be sent for public review. He stated that he came in last Thursday and this Monday to look at the Draft and was told that it was not ready and refused the opportunity to view it. Peggy Dare 22320 Hickory Way, she would like it on record that the City Attorney has just stated that it is fine that the MDNS was issued and five days were lost to the public to view it and she feels it is insulting to the public to willingly exclude them. She brought a map that she got from the County regarding the County’s new Comp Plan and that it shows Brier annexing several areas in the future. She would like to see Brier look into some zoning issues and consider adding some kind of commercial tax base to the community. Fred Price 3403 214th St., he is concerned about making comment on the Brier Glenn III issue and wants to make sure that he will have an opportunity to speak when it comes up on the agenda. Reports of Committees & City Officials: Council member Gipson had the opportunity to attend Westgate Chapel’s National Day of Prayer event and it was a great event and attended by 35 elected officials. He encouraged the other council members to attend next year. Mayor Starks read the Proclamation of National Police Week for May 15th through May 21st. The Mayor then signed the Proclamation. Approval of Minutes: Mayor Starks opened for consideration approval of the Brier City Council Workshop Minutes of May 3, 2005. Council member Gipson moved and Council member Doolittle seconded to approve the Brier City Council Workshop Minutes of May 3, 2005. Motion Carried. Mayor Starks opened for consideration approval of the Brier City Council Minutes of May 3, 2005. Council member Gipson moved and Council member Kaemingk seconded to approve the Brier City Council Minutes of May 3, 2005. Motion Carried. Mayor Starks opened for consideration approval of the Brier City Council Minutes of April 26, 2005. Council member Gipson moved and Council member Doolittle seconded to approve the Brier City Council Workshop Minutes of April 26, 2005. Motion Carried. Unfinished Business: Mayor Starks opened for consideration approval of Hearing Examiner Galt’s recommendation on the Moore/Walker Short Plat SP03-002 and approval of Resolution No. 472. Council member Colinas moved and Council member Corpron-Smith seconded to approve Hearing Examiner Galt’s recommendation on the Moore/Walker Short Plat SP03-002 and approval of Resolution No. 472. City Attorney Tom Evans gave Ms. Moore and Mr. Walker an opportunity to argue against the motion, they chose to decline. Motion Carried. Mayor Starks opened for consideration the continuation of the plat approval of Resolution No. 479 for the Jahed Short Plat SP02-01. Council member Colinas moved and Council member Doolittle seconded to continue the plat approval of Resolution No. 479 for the Jahed Short Plat SP02-01 to the next date certain of June 14, 2005. Motion Carried. Mayor Starks opened for consideration the continuation of Brier Glenn III-Variance #V01-005, and Resolution No. 476, Brier Glen III Subdivision application SUB01-01, by MIR Enterprises, LLC at 214th and 34th Avenue W, by Vladan Milosavljevic. Council member Colinas moved and Council member Gipson seconded to continue Brier Glenn III-Variance #V01-005, and Resolution No. 476, Brier Glen III Subdivision application SUB01-01, by MIR Enterprises, LLC at 214th and 34th Avenue W, by Vladan Milosavljevic to the next date certain of June 14, 2005. Motion Carried. Council member Kaemingk abstained because he is an adjacent property owner. New Business, Petitions, Communications, Applications & Appeals: Mayor Starks opened for consideration approval of purchase of Police Department laptop computers. Council member Colinas moved and Council member Doolittle seconded to approve purchase of Police Department laptop computers in the amount of $3,971.20 from the WASPC grant. Motion Carried. Mayor Starks opened for consideration approval to authorize the Mayor’s signature on the agreement with the Prothman Company for an Interim Building Official. There was council discussion. Council member Colinas moved and Council member Corpron-Smith seconded to approve Mayor’s signature on the agreement with the Prothman Company for an Interim Building Official not to exceed $16,800 and try to find a permanent person within the next three months. Motion Carried. Ordinances, Resolutions & Orders: Mayor Starks opened for consideration approval of Ordinance 83.N establishing per page costs for copies made pursuant to the public records disclosure act. Council member Colinas moved and Council member Doolittle seconded to approve Ordinance 83.N establishing per page costs for copies made pursuant to the public records disclosure act. Roll Call Vote Council member Colinas Yes, Corpron-Smith Yes, Morgan Yes, Kaemingk Yes, Gipson Yes, Doolittle Yes. Motion Carried. Miscellaneous Business by Call of Council members & City Officials Council member Colinas asked if our janitorial contract would require prevailing wage. Attorney Tom Evans stated that the contracts he has seen would require prevailing wage. Council member Colinas stated that he read the RCW 42.30.010, 110, 120 and they are rules governing Executive Session and that some of our recent sessions have been illegal. There is a penalty for anyone participating if an action is brought against him or her of $100 per offense. He stated that he would no longer participate in these types of sessions. The City Attorney Tom Evans stated that he is aware of the statue and that he would advise the council if he was concerned, he also stated he cannot control whether or not an executive session is held when he is not present. The object is to protect attorney-client privilege. Council member Colinas stated that with the opening of the City Hall it has raised some questions by Shannon Sessions of the Enterprise. Ms. Sessions told him that she has tried to contact the Mayor and he has refused to speak with her. She is interested in the cost figures of the project. Council member Colinas asked for an accounting of the project. Council member Colinas is concerned that we have spent money that we have not allocated for the project. Council member Colinas asked the City Attorney about the Brier Glenn III issue and the fact that the public is still asking to comment on it. He would like to make sure that we are not putting the City in possible legal actions by allowing the comments. Tom Evans responded that it is appropriate to allow individuals to be heard when an item is on the agenda. Council member Corpron-Smith stated that last week she brought up the topic of legal fees for the Police negotiations and she came in and looked at the bills. She has a concern about $4,602.00 in charges that appear to have nothing to do with the negotiations. She has outlined in a spreadsheet costs that she believes are not related to the police negotiations. Council member Colinas voiced his concern that expenditures are going over the allocated amounts that the council has approved. Auditing of Accounts Mayor Starks opened for consideration approval of April 2005 Payroll Warrants No. 12565 through No. 12612 in the amount of $81,361.20. Councilmember Gipson moved and Councilmember Morgan seconded to approve April 2005 Payroll Warrants No. 12565 through No. 12612 in the amount of $81,361.20. Motion Carried. Mayor Starks opened for consideration approval of April 2005 Claim Warrants No. 17332 through No. 17404 in the amount of $137,548.02. Councilmember Gipson moved and Councilmember Morgan seconded to approve April 2005 Claim Warrants No. 17332 through No. 17404 in the amount of $137,548.02. Motion Carried with Councilmember Colinas and Corpron-Smith opposed as there is a Foster Pepper Sheffelman invoice for $5,756.20 all charged to Police negotiations and they are not comfortable that that is where it is charged to. Adjournment: Councilmember Gipson moved and Councilmember Doolittle seconded to adjourn. Mayor Starks declared the meeting adjourned at 9:32 PM. June 14, 2005 Date Mayor Gary Lee Starks Karen Giesen Submitted by Deputy - City Clerk Date Submitted: May 17, 2005 Resubmitted: June 07, 2005
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