Mayor Starks called the regular Brier City Council Meeting to order at 7:35 PM and the flag salute was given.

Roll Call:

Present:            Councilmembers Colinas, McClenny, Gipson, Corpron-Smith, and Morgan. Councilmember Kaemingk arrived at 7:37 PM, Councilmember Doolittle arrived at 7:38 PM.

Public Requests & Oral Communications:

Norma Wilds addressed the City to find out what the status of her request is, regarding compensation errors that she brought to the council about 2 months ago. The City Attorney, Tom Evans, responded that Foster Pepper Shefelman has not responded on the status but he will get in touch with them to see if they have a recommendation yet.

Peggy Dare 22320 Hickory Way, she stated that she had written a letter to Albert Williams about concerns regarding the project on Old Poplar Way and the fact that the road was not properly centered on the right of way. The street has been paved and it left a big blob at the end of Hickory Way. She is also concerned about the trees at the south end of Old Poplar Way and what the intention is for those trees. She commented on the street opening ordinance that was discussed last week, she would like to make sure that we constitute what an emergency opening is to make sure that utilities don’t abuse this method. She is concerned about the development regulations that go along with the comp plan.

Ty Peterson 616 213^th SW, Bothell, he is here to respond to the council regarding the Jaheed short plat that will be discussed later this evening.

Ed Walker 21206 Poplar Way, stated that there is a set of draft minutes in the packet with errors regarding the motions. He believes that the motions should be typed out verbatim. He noted as well that the first part of the tape is missing from the October 2004 and the December 1, 2004, which is the November Commission meeting tapes.

Brandon Brock 21401 Poplar Way, he must resign from the Planning Commission and he brought a letter to that effect to give to the Mayor this evening.

Reports of Committees & City Officials:

Councilmember Corpron-Smith attended the Park Board meeting last week and they are holding an additional workshop to discuss the park’s portion of the comp plan that Albert Williams had asked them to look at. The Park Board would like an irrigation line run to an area of the park where they would like to plant a nature garden.

Councilmember Colinas feels it is very important at this time to discuss the Fire Service contract negotiations. They will discuss this later in the meeting.

Mayor Starks attended the AWC RMSA meeting and we were complimented for our efforts in mitigating potential hazards.

Approval of Minutes:

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

Consent Agenda

Mayor Starks opened for consideration approval of the Brier City Council Minutes of November 23, 2004. Councilmember Gipson moved and Councilmember Corpron-Smith seconded to approve the Brier City Council Minutes of November 23, 2004. Motion Carried.

Unfinished Business

Mayor Starks opened for consideration approval of the Final Budget for 2005. Councilmember Colinas moved and Councilmember Doolittle seconded to approve the Final Budget for 2005 with the expenditures totaling $5,229,223. Motion Carried.

New Business, Petitions, Communications, Application Appeals

Mayor Starks opened for consideration approval and authorization of Mayor's Signature on the interlocal agreement with Snocom. Councilmember Colinas moved and Councilmember Gipson seconded to approve and authorize of Mayor's Signature on the interlocal agreement with Snocom. There was council discussion. Motion Carried.

Mayor Starks opened for consideration approval of a fuel purchase. Councilmember Gipson moved and Councilmember Colinas seconded to approve fuel purchase of 4200 gallons of diesel and 4200 gallons of gas not to exceed $13,000 including tax. Motion Carried with Councilmember Morgan opposing because he believes we should top off the tanks. There was a roll call vote with a 6 to 1 vote.

Mayor Starks opened for consideration the review and approval to release the Maintenance and Performance Bond for Carlson Ranch. There was council discussion. Councilwoman Corpron-Smith handed out pictures of the condition of the park in this subdivision that showed the condition and the plants that have died. The Maintenance Bond will be brought back before the council next week. Councilmember Colinas moved and Councilmember Corpron-Smith seconded to approve the release of the Performance Bond #856340-S in the amount of $26,465.00 for Carlson Ranch. Motion Carried

Mayor Starks opened for consideration approval of Simpson Lot Line Adjustment. Albert Williams stated that Mr. Simpson did everything that the Planning Commission had asked of him and that the Planning Commission has recommended approval. There was council discussion. Councilmember Colinas moved and Councilmember Kaemingk seconded to approve the Lot Line Adjustment #LL04-01 located at 2805 215^th St. SW by Doug Simpson. Motion Carried

Mayor Starks opened for consideration approval of the Conditional Use Application #CU04-003 for the Goldberg fence located at 21409 Poplar Way. The Planning Commission has recommended approval. Brandon Brock 21401 Poplar Way, he is a neighbor of the Goldberg’s and has some concerns. The fence is sitting on a 3 foot wall which makes it 11’2”; he has measured winds of up to 35 mph in that area; he would like the council to have the Goldberg’s remove the chicken wire fence that is on the property line since it is being pushed onto his property by large trees. There was council discussion. Councilmember Colinas moved and Councilmember Corpron-Smith seconded to follow the Planning Commission recommendation to approve the Conditional Use Application #CU04-003 located at 21409 Poplar Way by Howard Goldberg with the condition that the fence is maintained and the structural integrity be kept in tact. There was council discussion. The motion died. Councilmember Morgan moved and Councilmember Doolittle seconded to table this issue until the December 28, 2004.  There was a roll call vote of 3 votes NO and 4 votes YES. Motion Carried.

Mayor Starks opened for consideration approval of the Jaheed Short Plat #SP02-01 and Variance #V02-006. Councilmember Colinas moved and Councilmember Doolittle seconded to continue the Jaheed Short Plat and Variance until the December 28, 2004 meeting. Motion Carried.

Mayor Starks stated that this item should be moved to the bottom of the agenda for consideration. There was council discussion. Mr. Walker wanted to make a statement to the council before executive session. Mr. Walker challenged the Mayor and asked him to step down and then challenged Councilmember Morgan as well. Councilmember Morgan moved and Councilmember Kaemingk seconded to adjourn to executive session to discuss the Creekside Short Plat. Motion Carried.

The council returned from executive session at 9:50 PM. Councilmember Gipson moved and Councilmember Colinas seconded to move the Creekside Short Plat to  Hearing Examiner John Gault. Motion Carried.

Mr. Walker was given the floor to make a statement. He again asked Mayor Starks to step down. Mr. Walker made statements in regard to the reworking of his Plat. Mr. Walker is concerned as to what the hearing examiner is going to be asked to do. There was council discussion. Mr. Walker claims that his short plat file is missing documentation and maps.

Councilman Morgan moved and Councilman Gipson seconded to continue on with the agenda. Motion Carried.

Councilman McClenny moved that the council continue the meeting for an additional ˝ hour at 10:30 PM.

Miscellaneous Business by Call of Councilmembers & City Officials

Mayor Starks brought to the council’s attention the contract with ESCA for the use of space in the new City Hall building.

Albert Williams stated that he looked up the Goldberg fence issue in the BMC and found that the fence posts can be 8’2”.

Auditing of Accounts

Mayor Starks opened for consideration approval of the November 2004 Payroll Warrants No. 12312 Through No. 12366 in the amount of $83,899.62. Councilmember Gipson moved and Councilmember Morgan seconded to approve the November 2004 Payroll Warrants No. 12312 Through No. 12366 in the amount of $83,899.62. Motion Carried.

Mayor Starks opened for consideration approval of the November 2004 Claim Warrants No. 16981 Through No. 17043 in the amount of $732,119.06. Councilmember McClenny moved and Councilmember Kaemingk seconded to approve the November 2004 Claim Warrants No. 16981 Through No. 17043 in the amount of $732,119.06. There was council discussion. Motion Carried with Councilmember Corpron-Smith opposed.

Executive Session

Mayor Starks adjourned the meeting to executive session for one hour at 10:43 PM. The council returned from executive session at 11:07 PM.

Councilmember Corpron-Smith has sent out an email containing the Fire contract for council review. The Fire Contract committee attended Mountlake Terrace’s meeting last week to hear where they are on the issue. There has been progress made with the contract but she feels they have taken it as far as they can go. City Attorney Tom Evans believes that there is good progress and that Section 9 is his only concern. There was council discussion.

Adjournment

Councilmember Corpron-Smith moved and Councilmember Morgan seconded to adjourn. Mayor Starks declared the meeting adjourned at 12:07 AM.