Mayor Kaske called the regular Brier City Council Meeting to order at 7:31 PM and the flag salute was given.

Roll Call:

Present:                 Councilmembers Colinas, Gipson, Jordan, Starks, Warner, Doolittle and Morgan.

Public Requests & Oral Communications: None.

Reports of Committees & City Officials: Councilmember Jordan announced that SeaScare is going to be held tomorrow and reported on some of the activities that will be held. Mayor Kaske reported on an inflatable octopus that will be at SeaScare and on Miscellaneous Mail from Peggy Dare.

Consent Agenda:

Mayor Kaske opened for consideration of approval of the Consent Agenda. Councilmember Gipson moved and Councilmember Colinas seconded to approve the Consent Agenda which was to approve Brier City Council Minutes of July 22, July 29, and August 5, 2003; Approve Ordinance No. 306 establishing Friends of the Park Fund, Fund No. 118; Confirm the appointment of David Marley to Planning Commission Position No. 3 to expire July 31, 2005; Approve the expenditure of up to $280.00 for flu shots for employees during "Beat the Bug" campaign; Authorize the purchase of 800 MHz radios, antennas and installation in an amount of up to $40,500.00. Motion Carried.

Unfinished Business:

Councilmember Morgan arrived at 7:38 PM. Mayor Kaske declared a seven minute break at 7:38 PM to allow Council to read the information that Ed Walker distributed to Council. The meeting reconvened at 7:43 PM. City Attorney, Tom Evans, stated that he had a discussion with Mr. Walker prior to the meeting and that Mr. Walker has no problem with the appeal being dismissed but would like it dismissed without prejudice. Ed Walker stated that he has no objection to that. Mayor Kaske opened for discussion adopting the finding and decision to dismiss the Moore/Walker Appeal along with Exhibits 1, 2, and 3. Councilmember Colinas moved and Councilmember Doolittle seconded to amend the decision language appealing the administrative decisions regarding drainage requirements for Creekside short plat to read that it is dismissed without prejudice. Motion Carried. Councilmember Jordan moved and Councilmember Warner seconded to adopt the finding and decision, as amended, to dismiss without prejudice, the Moore/Walker appeal along with Exhibits 1, 2, and 3. Motion Carried.

Mayor Kaske removed himself as Chair of the meeting as he will be representing Administration in the discussion of the Munnis Short Plat SP03-03. Mayor Protem Colinas opened the continuation of the discussion regarding the Munnis Short Plat SP03-03 and consideration of adopting Resolution No. 470. Mayor Kaske distributed information the City received by fax today from Snohomish County PUD and explained his conversation with PUD regarding how power could be installed. Mayor Kaske recommended that Mr. Munnis must take the power underground and give Mr. Munnis $3,000 per lot traffic mitigation credit for a total of $9,000 credit for street mitigation as there is the possibility that they may have to open the street. Mr. Munnis stated that PUD will do anything you want them to do if you pay them so the letter from PUD does not mean anything as PUD doesn't care if it goes underground or not and he discussed other short plats and how they got power. Mr. Munnis stated that he felt he should not bear all of the cost for the underground power but agrees with the Mayor’s recommendation for the $9,000.00 credit. Councilmember Starks stated that he felt the code should be followed for everyone. There was Council discussion with Mr. Munnis and with Mayor Kaske. City Attorney, Tom Evans, discussed gifting of public funds and whether there is a public element or purpose to it. Councilmember Warner moved and Councilmember Jordan seconded to revise Resolution 470 by adding, in Section R, originating from the City right-of-way on Brier Road and also to revise Item AA to provide $3,000 rather than $3,000 per lot and striking and removing Item PP which states if the applicant short plats or increases power usage that would require an additional service, all PUD services shall be reinstalled underground through and under Brier Road. Motion Carried with Councilmembers Morgan and Starks opposing. Councilmember Colinas moved and Councilmember Jordan seconded to approve Resolution No. 470, as amended, granting Preliminary Plat approval to Short Plat SP03-03. Motion Carried with Councilmembers Morgan and Starks opposing.

Hearings:

Mayor Kaske opened discussion of Business License BR03-070 for Musical Instrument Repairs by Stacie Fortiner at 23520 27^th. Pl. W. Ms. Fortiner explained her business is to do woodwind repair and does primarily oboes. Mayor Kaske opened the Public Hearing for Musical Instrument Repairs by Stacie Fortiner. There was no public input. Councilmember Jordan moved and Councilmember Gipson seconded to close the Public Hearing. Motion Carried. Councilmember Colinas moved and Councilmember Warner seconded to approve the Business License BR03-070 for Musical Instrument Repairs by Stacie Fortiner at 23520 27^th Pl. W. based upon Nolan West’s recommendations. There was Council discussion. Motion Carried.

New Business, Petitions, Communications, Applications & Appeals:

Mayor Kaske explained that there was to be consideration of the Knapp Short Plat SP03-01; however, Mr. Knapp was called out of town and has requested to reschedule to September 9^th. Councilmember Colinas moved and Councilmember Jordan seconded to move the Knapp Short Plat Application to the September 9^th regular meeting. Motion Carried.

Miscellaneous Business by Call of Councilmembers & City Officials

Mayor Kaske informed Council that he has been asked to stay on as Chairman of the SNOCOM Board and that the City Council, as the Legislative Body, will appoint its’ representative to the board. Councilmember Colinas stated he would move, when appropriate, and Councilmember Starks stated he would second to allow Mayor Kaske to continue as representative to SNOCOM when the appropriate time comes. It was decided to discuss this at the appropriate time.

Mayor Kaske discussed the foreclosure suit filed on a sewer delinquency and Mayor asked Council if they wanted Tom Evans to proceed with foreclosure for the sale of the house. There was Council discussion with the City Attorney. The consensus was not to proceed at this time.

Auditing of Accounts

Mayor Kaske opened for consideration approval of the July 2003 Payroll Warrants.  Councilmember Colinas moved and Councilmember Jordan seconded to approve the July 2003 Payroll Warrants No. 11437 through No. 11477 and No. 11505 through No. 11515 in the amount of $75,593.27 with Warrants No. 11436, 11450, and 11478 thru 11504 being voided. Motion Carried.

Mayor Kaske opened for consideration approval of the July 2003 Claim Warrants.  Councilmember Colinas moved and Councilmember Jordan seconded to approve the July 2003 Claim Warrants No. 16027 through No. 16081 in the amount of $115,761.39. There was Council discussion. Motion Carried.

Adjournment

Councilmember Jordan moved and Councilmember Starks seconded to adjourn. Mayor Kaske declared the meeting adjourned at 9:47 PM.