Mayor Colinas called the regular Brier City Council Meeting to order at 7:36 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 McClenny 3609 214^th St SW, he addressed the allegation that John Fisken made about him incorrectly stating that Mayor Colinas endorsed Mr. Krienke in the election. Mr. McClenny apologized for using the wrong English in his newsletter to constituencies and he should have used the word recommended.

Terry Kaemingk 21740 34^th Pl W stated that she wants to speak on the Brier Glen III issue.

Milo MIR enterprises wanted to make sure that Mr. Kaemingk steps down when Mrs. Kaemingk speaks and protests his project.

Reports of Committees & City Officials:

Councilmember Gipson attended the Library board meeting on the 18^th. They are planning a 10 year anniversary celebration in May. The Library has partnered with Albertson’s with in participation in the Albertson’s card promotion to get funds donated to the library.

Councilmember Gipson attended two CT board meetings on the 19^th and 24^th.

Councilmember Corpron-Smith attended the Park Board meeting and she wanted to follow up on the projects with the trails that they discussed at last weeks workshop meeting. The Park Board has received some certificates for shrub from PUD and they are going to be planting those at the Library.

Approval of Minutes:

Mayor Colinas opened for consideration approval of the Brier City Council Minutes of January 10, 2006. Councilmember Kaemingk moved and Councilmember Gipson seconded to amend the minutes of January 10, 2006. Councilmember Kaemingk would like some of his comments added to minutes, he read the comments and gave them in written form to the clerk for addition.  Motion Carried. Councilmember Gipson moved and Councilmember Corpron-Smith seconded to approve the Brier City Council Minutes of January 10, 2006 as amended. Motion Carried.

Mayor Colinas opened for consideration approval of the Brier City Council Workshop Minutes of January 17, 2006.  Councilmember Gipson moved and Councilmember Corpron-Smith seconded to approve the Brier City Council Workshop Minutes of January 17, 2006. Motion Carried.

Consent Agenda:

Mayor Colinas opened for consideration approval of the Consent Agenda items A through D which includes to confirm the appointment of John Szalda to the Civil Service Commission, confirm appointment of Karla Wood to the Park and Recreation Board, approval of sewer refund for Don Falkenburg in the amount of $149.33, and the approval of $25,491.24 for purchase of police vehicle per Washington State contract #05105. Councilmember Corpron-Smith moved and Councilmember Krienke seconded to approve the Consent Agenda, items A through D which includes to confirm the appointment of John Szalda to the Civil Service Commission, confirm appointment of Karla Wood to the Park and Recreation Board, approval of sewer refund for Don Falkenburg in the amount of $149.33, and the approval of $25,491.24 for purchase of police vehicle per Washington State contract #05105. Motion Carried.

Unfinished Business:

Mayor Colinas opened for consideration the continuation of 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. Mayor Colinas and Director of Community Development Paul Sweum, gave brief over views of the plat. Councilmember Nick asked the City Attorney what the procedure was for a situation as this. The City Attorney explained their options. There was further discussion and Councilmember Gem asked about the reasons for the variance request. Mayor Colinas recessed for two minutes to get Councilmember Gem a copy of the Ordinance regarding granting plat approval. The meeting reconvened at 8:05 PM

Ed Walker 21206 Poplar Way, spoke that Timbervale was given a 25 foot set back. Sue Wahlgren 23321 35^th Ave. W, spoke that the Planning commission has worked hard on the comp plan and small changes like this can make a big difference in increasing the number of homes without compromising large lots size. Fred Price 3408 214^th St SW, he spoke that he believes variances are granted for one thing on a lot, not a single variance for a change that would affect 6 lots.  He wants us to conform to our codes and not help a developer make more money by getting more homes by damaging the environment. Terry Kaemingk, 21740 34^th Pl W, addressed the council and passed out maps showing her property and the stream that runs behind her property and through the Brier Glen III development. She read code that says development will be in harmony and not be injurious to the surrounding area. Councilmember Morgan asked does this stream need setbacks to comply with the dept of Fish & Wildlife Category 5 classification. Paul Sweum stated that it meets the requirements and passed approval by Dept. of Ecology, fish & wildlife and Army Corp of Engineers. Milo explained that he sent the same plans that are before the council tonight to these agencies and they approved them as well as the City Engineer.  There was further discussion. Councilmember Corpron-Smith moved and Councilmember Gipson seconded to close the public comment on Variance #V01-005. Motion Carried.

Councilmember Gipson moved and Councilmember Gem seconded to approve     Variance #V01-005, by MIR Enterprises, LLC, @ 214^th and 34^th Avenue W, by Vladan Milosavljevic. There was council discussion. Motion Carried.

Vladan Milosavljevic of MIR Enterprises, LLC asked that the Plat Hearing be moved to the next regular meeting to give him time to meet other requests by the City. Councilmember Morgan moved and Councilmember Nick seconded to continue the Preliminary Plat Hearing on Brier Glen III – Resolution No. 476 Subdivision #01-001, by MIR Enterprises, LLC, @ 214^th and 34^th Avenue W, to the February 14, 2006 regular City Council meeting. Motion Carried.

Councilmember Kaemingk and Krienke returned to the Council table.

Mayor Colinas opened for consideration to authorize the Mayor’s signature and approve up to $4,000 for a contract with R. W. Thorpe and Associates. There was council discussion. Councilmember Gipson moved and Councilmember Corpron-Smith seconded to authorize the Mayor’s signature and approve up to $4,000 for the contract with R. W. Thorpe and Associates. Motion Carried.

Mayor Colinas opened for discussion revisions to the short subdivisions BMC 16.04.030. The council asked to hear from the City Attorney on the issue. There was council discussion. Councilmember Gem would like 1 hearing at council level, Councilmember Gipson would like 1 hearing at council level, Councilmember Kaemingk would like 2 hearings at council hearing, Councilmember Smith would like 1 hearing at council level, Councilmember Morgan would like to leave it alone, Councilmember Nick would like 1 hearing at council level, Councilmember Krienke would like 1 hearing at council level. The Mayor and City Attorney will work on changing some codes for this purpose to bring back within the next two months and write a letter to the AWC insurance authority.

Ordinances, Resolutions & Orders

Mayor Colinas opened for consideration the approval of Ordinance No. 325, adopting the State of Washington Department Of Ecology Storm Water Manual For This Region; and amending identified miscellaneous provisions of the drainage code; and declaring an emergency providing for an immediate effective date. There was council discussion and various amendments were noted.  Councilmember Gipson moved and Councilmember Morgan seconded to approve Ordinance No. 325, with the discussed amendments, adopting the State of Washington department of ecology storm water manual for this region; and amending identified miscellaneous provisions of the drainage code; and declaring an emergency providing for an immediate effective date. Motion Carried with amendments.

Councilmember Gipson moved and Councilmember Kaemingk seconded to extend the meeting for an additional 10 minutes at 10:30 PM. Motion Carried.

Miscellaneous Business by Call of Councilmembers & City Officials:

Councilmember Kaemingk asked to discuss Mr. Harold Christensen’s letter that was emailed to all council regarding traffic problems on Old Poplar Way.

Mayor Colinas opened for consideration Mayor Pro-Tem Corpron-Smith’s council liaison appointments. Councilmember Corpron-Smith handed out copies of her assignments.

Councilmember Gipson was elected to the CT board for another two years.

Adjournment:

Councilmember Corpron-Smith moved and Councilmember Kaemingk seconded to adjourn. Mayor Colinas declared the meeting adjourned at 10:44 PM.