Mayor Starks called the regular Brier City Council Meeting to order at 7:36 PM and the flag salute was given.

Roll Call:

Present:            Councilmembers Colinas, McClenny, Kaemingk, Gipson, Corpron-Smith, and Morgan. Councilmember Doolittle arrived at 7:42 PM.

Public Requests & Oral Communications:

The Mayor asked for public requests. Mr. John Fiskin 22424 Old Poplar Way, asked that the council comment on a letter they should have received from Peggy Dare, and issues with the Old Poplar Way sidewalk project. In addition he mentioned that he is concerned about the big pit down on Poplar and 214^th.

Mr. Schippers 2020 Vine Road addressed the council regarding issues that he has had with his neighbor Mayor Gary Starks and believes the issues were handled inappropriately. There was a fence issue, a property line dispute, a willow tree that became an issue, and incidents regarding his short plat, in addition the Mayor refused Mr. Schippers the ability to work at his site on Saturdays and Mr. Schippers found it in the code that this is allowed from 9 AM to 5 PM.

Mr. Ed Walker 21206 Poplar Way handed out information to the council regarding a letter he turned in months ago regarding SEPA issues and the responses he received from Albert Williams and Jorge Garcia. He also stated that some ordinances were sent to the Planning Commission a year ago for recommendation and asked when were they going to come before the council for approval. Mr. Walker also stated he would like to see the responses to these ordinances from the appropriate State agencies. He complained about the length of time it takes for his public requests to be answered and dealt with. He would like to see the stormwater reports from Hammond, Collier, Wade-Livingstone.

Councilmember Colinas asked that the council give thought to putting to rest the stormwater issues that have been raised this evening.

Approval of Minutes:

Mayor Starks opened for consideration approval of the Brier City Council Workshop Minutes of September 7, 2004. Councilmember Gipson moved and Councilmember McClenny seconded to approve the Brier City Council Workshop Minutes of September 7, 2004. Motion Carried. Councilmember Doolittle abstained.

Reports of Committees & City Officials:

Councilmember Corpron-Smith reported that she attended a Park board meeting last week and they have moved on to looking at the individual parks and their needs. There is a company that would like to provide free benches in the parks that have advertisements on them and pay the City for having them located in the park. There is progress on the new baseball fields at the Brier Park ball fields.

Mr. Kaske reported on SERS and that they are still interviewing for a new manager for the system. They have received some approvals from some of the agencies to move forward. In addition he reported about SnoCom’s new CAD system. The council would like to loan the funds to SnoCom for this new system.

Consent Agenda:

Mayor Starks opened for consideration of approval of the Consent Agenda, which includes Brier City Council Minutes of August 24, 2004. Councilmember Gipson moved and Councilmember Colinas seconded to approve the Consent Agenda, which includes Brier City Council Minutes of August 24, 2004.  Motion Carried. Councilmembers McClenny and Doolittle abstained.

New Business, Petitions, Communications, Applications & Appeals:

Mayor Starks opened for consideration approval of the street-stripping bid by Snohomish County in the amount of $6,329.59. Councilmember Colinas moved and Councilmember Corpron-Smith seconded to approve the street-stripping bid by Snohomish County in the amount of $6,329.59. Motion Carried.

Mayor Starks opened for consideration approval of the release of performance bond in the amount of $1,440.00 from resolution No. 434 to Mr. Bradshaw. Councilmember Gipson moved and Councilmember Kaemingk seconded to approve the release of performance bond in the amount of $1,440.00 from resolution No. 434 to Mr. Bradshaw. Motion Carried.

Miscellaneous Business by Call of Councilmembers & City Officials

Councilmember Doolittle brought up the fact that the Trimaxx Construction Honey Bucket keeps getting knocked down on Old Poplar Way and she believes this could be a health issue.

Councilmember Colinas introduced Eileen Lawrence from Cedar River Law Professionals to address the personnel issues and other litigatious issues that the council feels it needs representation for. Councilmember Colinas moved and Councilmember Corpron-Smith seconded to retain the services of Cedar River Law Professionals for a dollar amount of up to $3000 from the council contingency fund no. 106. Motion Carried.

Auditing of Accounts

Mayor Starks opened for consideration approval of the August 2004 Payroll Warrants No. 12148 through No. 12200 in the amount of $80,357.01. Councilmember Corpron-Smith moved and Councilmember McClenny seconded to approve the August 2004 Payroll Warrants No. 12148 through No. 12200 in the amount of $80,357.01 Motion Carried.

Mayor Starks opened for consideration approval of the August 2004 Claim Warrants No. 16792 through No. 16856 in the amount of $381,756.30. Councilmember McClenny moved and Councilmember Morgan seconded to approve the August 2004 Claim Warrants No. 16792 through No. 16856 in the amount of $381,756.30. Motion Carried.

Executive Session

Councilmember Colinas requested input on whether or not the Mayor would be asked to excuse himself from the meeting and if it requires a council motion. Tom Evans, City Attorney stated that it would have to be matters of law not a council vote.

Councilmember Colinas moved and Councilmember Doolittle seconded to recess for ten minutes at 8:42 PM. The meeting resumed at 8:50 PM. Tom Evans suggested that they clear the room for the executive session.

Adjournment

Councilmember McClenny moved and Councilmember Morgan seconded to adjourn the meeting to executive session for up to two hours and excuse the clerk. Mayor Starks declared the meeting adjourned at 8:50 PM.