Mayor Colinas called the regular Brier City Council Meeting to order at 7:30 PM and the flag salute was given.

Roll Call:

Present:            Councilmembers Gem, Gipson, Kaemingk, Morgan, Corpron-Smith, Nick, and Krienke.

Public Requests & Oral Communications:

Ed Walker 21206 Poplar Way stated he would like to speak on Agenda item 9-A at that time in the meeting.

John Fisken  22424 Old Poplar Way gave the Council a handout and stated he is concerned with the traffic from a development of 22 homes going in that will come off Barker and Atlas. Mr. Fisken stated he is concerned with an open letter that Ed McClenny put out before the election that stated the current Mayor had endorsed Martin Krienke and Mayor Colinas had confirmed that he had not endorsed anyone.

Ed Walker 21206 Poplar Way stated that he hopes someone from the City is keeping track of the development to make sure the City gets a sewer extension.

Paul Sweum Director of Community Development and Planning spoke to the issue on the development and stated that he has been in contact with the Snohomish County Project Manager to make them aware of the City’s concern.

Vladan Milosavljevic 23423 Brier Road stated he would like to reserve his comments on Agenda item 9-A at that time in the meeting.

Ken Overstreet 24019 34^th Place W gave his support and encouraged the City Council to endorse the Mayors appointment of Paula Swisher as City Clerk/Treasurer and approve her contract.

Shelly Magnuson 2509 217^th Pl. SW read a letter from Anne Cavazo 21810 Vine Road, giving her support and encouraged the City Council to endorse the Mayors appointment of Paula Swisher as City Clerk/Treasurer. Ms. Magnuson gave her support and encouraged the City Council to endorse the Mayors appointment of Paula Swisher as City Clerk/Treasurer and approve her contract.

Mayor Colinas asked Mr. Overstreet to read into the record a letter from Dee Williamson giving her support and encouraged the City Council to endorse the Mayors appointment of Paula Swisher as City Clerk/Treasurer.

John Fisken 22424 Poplar Way gave his support and encouraged the City Council to endorse the Mayors appointment of Paula Swisher as City Clerk/Treasurer and approve her contract.

Fred Price 3408 214^th St SW gave his support and encouraged the City Council to endorse the Mayors appointment of Paula Swisher as City Clerk/Treasurer and approve her contract. Mr. Price welcomed the new City Councilmembers.  Mr. Price spoke to the Council reminding them of the importance of their obligations to the Public of this Community.

Peggy Dare 22320 Hickory Way – Welcomed the new City Council, gave her support and encouraged the City Council to endorse the Mayors appointment of Paula Swisher as City Clerk/Treasurer and approve her contract.

Scott Warner 3605 219^th ST gave his support and encouraged the City Council to endorse the Mayors appointment of Paula Swisher as City Clerk/Treasurer and approve her contract.

Kim Smith 21700 Vine Road gave his support and encouraged the City Council to endorse the Mayors appointment of Paula Swisher as City Clerk/Treasurer and approve her contract.

Jim Dessin 3325 Alaska Road gave his support and encouraged the City Council to endorse the Mayors appointment of Paula Swisher as City Clerk/Treasurer and approve her contract.

Ed Walker 21206 Poplar Way gave his support and encouraged the City Council to endorse the Mayors appointment of Paula Swisher as City Clerk/Treasurer and approve her contract.

Wayne Kaske 24024 Brier Way state that he and Norma Wilds wrote a letter giving their support and encouraged the City Council to endorse the Mayors appointment of Paula Swisher as City Clerk/Treasurer and approve her contract.

Vladan Milosavljevic 23423 Brier Road gave his support and encouraged the City Council to endorse the Mayors appointment of Paula Swisher as City Clerk/Treasurer and approve her contract.

Reports of Committees & City Officials:

Mayor Colinas opened for Reports of Committees & City Officials.

Mayor Colinas commented that there is a notice of an upcoming Snohomish County Tomorrow meeting to be held Wednesday January 25, 2006.

Mayor Colinas asked the City Council if they had any meetings to report.

Councilmember Gipson stated that he had attended the Community Transit Board meeting on January 5, 2006.

Approval of Minutes:

Mayor Colinas opened for consideration approval of the Brier City Council Workshop Minutes of January 3, 2006.  Councilmember Gipson moved and Councilmember Corpron-Smith seconded to approve the Brier City Council Workshop Minutes of January 3, 2006. Motion Carried.

Consent Agenda:

Mayor Colinas opened for consideration approval of the Consent Agenda items A through F which includes approval of Brier City Council Minutes of December 27, 2005, as amended, approval of the Six Year Street Plan for the Years 2006 through 2011, approve refund of Ed Walkers $300.00 SEPA Appeal, approve refund of Conditional Use fees for John Small, Application #CU05-006, approve appointment of Jim Dessin to the Park Board, and approve the release of Assignment of Funds (#510045493) in the amount of $25,000 for Tim Munnis. Councilmember Gipson moved and Councilmember Morgan seconded to approve the Consent Agenda, items A through F which includes approval of Brier City Council Minutes of December 27, 2005, as amended, approval of the Six Year Street Plan for the Years 2006 through 2011, approve refund of Ed Walkers $300.00 SEPA Appeal, approve refund of Conditional use fees for John Small, Application #CU05-006, approve appointment of Jim Dessin to the Park Board, and approve the release of Assignment of Funds (#510045493) in the amount of $25,000 for Tim Munnis. Motion Carried.

Unfinished Business:

Mayor Colinas opened for consideration to continue Preliminary Plat Hearing on Brier Glen III – Resolution No. 476 Subdivision #01-001 and Variance #V01-005, by MIR Enterprises, LLC, @ 214^th and 34^th Avenue W, by Vladan Milosavljevic.

Councilmembers Kaemingk and Krienke stepped down from the Council table.

Director of Community Development and Planning Paul Sweum gave a brief explanation of his Memorandum to the City Council dated January 6, 2006. The memorandum stated that the City is considering a Variance issue regarding the placement of a sewer line. Staff recommends a continuance until the time that staff will be able to bring a package for a final decision. There was discussion.

Councilmember Corpron-Smith moved and Councilmember Gipson seconded to continue Preliminary Plat Hearing on Brier Glen III – Resolution No. 476 Subdivision #01-001 and Variance #V01-005, by MIR Enterprises, LLC, @ 214^th and 34^th Avenue W, by Vladan Milosavljevic to the January 24, 2006 regular City Council meeting. Motion Carried.

Councilmember Kaemingk and Krienke returned to the Council table.

New Business, Petitions, Communications, Applications & Appeals:

Mayor Colinas opened for consideration to confirm the Mayor’s Appointment and approve contract for Paula Swisher as the City Clerk Treasurer.

Councilmember Corpron-Smith moved and Councilmember Nick seconded to approve the contract for Ms. Paula Swisher to position of City Clerk/Treasurer. Councilmember Morgan spoke regarding his concerns with the process of hiring a new person and with Paula Swisher not being able to meet with Brier’s qualifications Councilmember Morgan stated that he is concerned that Mayor Colinas will not be at City Hall and has an altogether management style different than the last Mayor who was here from 9 AM to 5 PM. Mayor Colinas responded to Councilmember Morgan’s concerns and stated that he had not heard any of his accusations to be true. He stated that he found out that Paula was terminated for no cause. There was discussion with the Citizens and Council. Councilmember Smith addressed Councilmember Morgan’s statements and spoke in favor of Paula Swisher being appointed as City Clerk/Treasurer. Councilmember Krienke stated that he is a new Councilmember and he is not making his decision based on the past. Councilmember Krienke stated that he would like to see this position go through the hiring process. Councilmember Gipson gave his thoughts as to the hiring of Paula Swisher for City Clerk/Treasurer and stated that he will support the decision of Mayor Colinas. Councilmember Kaemingk asked Paula Swisher questions regarding the job of City Clerk/Treasurer. He stated that he was disappointed that Mayor Colinas did not establish a committee of Councilmembers and local experts to conduct a search to fill the position. Councilmember Kaemingk stated that he believed that it would have been in the best interest of the City to have a committee review several candidates at once as is the norm in a case like this. Councilmember Kaemingk read the qualification for both the Clerk and Treasurer position directly from the Brier City Code book. Paula Swisher indicated that she did not meet all of the qualifications, and that she would be contacting Treasurers from other Cities when she needs assistance in performing her duties. Paula Swisher stated that former Clerk/Treasurer Mike Bailey will be available to consult as well.  Mayor Colinas agreed as well as Paula Swisher herself that if she proves unable to perform her job properly that she would be terminated by the Mayor. Councilmember Nick stated he will support the Mayor’s decision to hire Paula Swisher. Councilmember Gem stated that she would like to represent the Public and support the Mayor’s decision. Councilmember Gem – yes, Councilmember Gipson – yes, Councilmember Kaemingk – yes, Councilmember Morgan – no, Councilmember Smith – yes, Councilmember Nick – yes, Councilmember Krienke – no. Motion Carried.

Mayor Colinas called for a short break at 9:30 PM. Mayor Colinas brought the meeting back to order at 9:41 PM.

Mayor Colinas opened to consider the appointments of City Representatives to the Sno-Com, SERS, and ESCA Boards.

Councilmember Gipson moved and Councilmember Gem seconded to continue the appointment of Chief Lane as primary representative and Mayor Bob Colinas as secondary representative to the SNO-COM Board. Motion Carried. Councilmember Gipson moved, and Councilmember Krienke seconded to confirm the appointment of Wayne Kaske as primary and Don Lane as secondary to the SERS Board. Motion Carried. Councilmember Gipson moved and Councilmember Nick seconded to confirm the appointment of Chief Don Lane as primary and Councilmember Smith as secondary to the ESCA Board. Motion Carried. Councilmember Gipson moved and Councilmember Gem seconded to reconfirm the appointment of Councilmember Morgan as primary representative and Councilmember Krienke as secondary representative to the Snohomish County Tomorrow. Motion Carried.

Mayor Colinas opened for Council Consideration for C.A. Strouss request of Sewer Billing exoneration. Mr. Strouss explained his request for Sewer Billing Refund.

Councilmember Smith moved and Councilmember Nick seconded to approve the exoneration of the balance remaining, which is $449.03.

Mayor Colinas opened for consideration the Appointment of a New Mayor Pro-Tem.

Councilmember Gipson moved and Councilmember Morgan seconded to nominate Councilmember Smith. Motion Carried. Councilmember Smith was appointed as Mayor Pro-Tem.

Miscellaneous Business by Call of Councilmembers & City Officials:

Councilmember Smith reported that she has submitted to the Park Board information on the baseball park fees for discussion. She stated that the applications have started coming in. She felt that recommendations will be coming from the Park Board in the next few weeks.

Councilmember Morgan reported that he had audited the Claims for December 2005.

Councilmember Kaemingk stated he had reviewed the Park picnic area, and talked about the condition of the shelter. There was discussion.

Mayor Colinas reported that he has been meeting with some of the developers working to resolve some of the issues that have been plaguing us last year.

Auditing of Accounts:

Mayor Colinas opened for consideration approval of the December 2005 Payroll Warrants. Councilmember Morgan moved and Councilmember Kaemingk seconded to approve the December 2005 Payroll Warrants No. 13047, through No. 13098 in the amount of $88,764.76 with Warrant No. 13046, and 13061 being voided. Motion Carried.

Mayor Colinas opened for consideration approval of the December 2005 Claim Warrants. Councilmember Morgan moved and Councilmember Kaemingk seconded to approve the December 2005 Claim Warrants No. 17863 through No. 17927, in the amount of $219,454.28 with warrant #17864 being voided. There was Council discussion. Motion Carried.

Adjournment:

Councilmember Smith moved and Councilmember Gem seconded to adjourn. Mayor Colinas declared the meeting adjourned at 10:19 PM.