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 Krienke, Nick, Kaemingk, Gipson, Corpron-Smith, and Gem.        Councilmember Morgan arrived at 7:35PM.

Public Requests & Oral Communications:

Bob Thorpe 2707 32^nd Ave W, wanted to bring up that he sent an email to the council regarding the problems with his neighbor and the garbage in their yard. He invited all the council to come out and see it for themselves.

Scott Warner 3605 219^th St SW made the request that draft minutes be made available on the website within a few days of the meeting.

Terry Kaemingk 21740 34^TH Pl W, asked to speak on Brier Glenn III and asked on behalf of Cory Friesen to do the same when he arrives.

Milo spoke to the City Attorney that this will be the 26^th time that this public hearing on his Brier Glenn III development and that this is not in the appearance of fairness to them.

Mayor asked for a 5-minute recess to confer with the City Attorney at 7:45PM. The Mayor and City Attorney returned at 7:48 PM.

Ed Walker 21206 Poplar Way, stated that draft minutes could be stamped with a red draft copy stamp on each page. He also stated that he feels Milo and LariAnne feel they are entitled to due process.

James Lukehart 2943 216^th St intends to comment on Brier Glenn III.

Reports of Committees & City Officials:

Councilmember Corpron-Smith attended an oral review board for potential new police officers. She attended the Park Board meeting on the 8^th and they discussed some ideas about the ball fields.

Mayor Colinas and Councilmember Gipson attended negotiation meetings 4 times this month to resolve the Local Laborers union contract.

Councilmember Gipson attended only two of those meetings and a Community Transit meeting.

Approval of Minutes:

Mayor Colinas opened for consideration approval of the Brier City Council Minutes of January 24, 2006. Councilmember  Gipson moved and Councilmember Copron-Smith seconded to approve the Brier City Council Minutes of January 24, 2006. Motion Carried.

Mayor Colinas opened for consideration approval of the Brier City Council Workshop Minutes of February 7, 2006. Councilmember Gipson moved and Councilmember Nick seconded to approve the Brier City Council Workshop Minutes of February 7, 2006. Motion Carried.

Consent Agenda:

Mayor Colinas opened for consideration approval of the Consent Agenda items A through E which includes, approval of changes to exhibit “A” of the part-time/seasonal salary range, authorization of $6, 200.00 for the replacement of toilet fixtures in Brier park restroom from Part Works, authorization of the Mayor’s signature to the intergovernmental agreement for furnishing equip/maint./repair with Snohomish County, authorization of up to $2400.00 for plans and specifications for renovation of the Brier park picnic shelter with Ivary and Associates, and the approval of $3,300.00 for the purchase of a copy machine for the Police Department from IKON per the Washington State contract pricing. Councilmember Corpron-Smith moved and Councilmember Kaemingk  seconded to approve the Consent Agenda items A through E which includes, approval of changes to exhibit “A” of the part-time/seasonal salary range, authorization of $6, 200.00 for the replacement of toilet fixtures in Brier park restroom from Part Works, authorization of the Mayor’s signature to the intergovernmental agreement for furnishing equip/maint/repair with Snohomish County, authorization of up to $2400.00 for plans and specifications for renovation of the Brier park picnic shelter with Ivary and Associates, and the approval of $3,300.00 for the purchase of a copy machine for the Police Department from IKON per the Washington State contract pricing. Motion Carried.

Unfinished Business:

Councilmember’s Kaemingk and Krienke stepped down from the Council table.

LariAnne Milosavljevic read a prepared statement regarding their strong objection to the participation in Brier Glenn III and Poplar Glen developments by Martin Krienke, Dale Kaemingk and Gary Morgan. They do not even believe that they should participate in any discussions on their developments. The City Attorney addressed their concerns and stated that it is appropriate for Councilmember Morgan to disclose any ex-parte communications at this time. Councilmember Morgan listed his most recent contact with Councilmembers Krienke and Kaemingk and Gary Starks regarding the Brier Glenn III project. Milo and LariAnne protest that Councilmember Morgan is not removed from these proceedings.

City Engineer Jorge Garcia gave his report on the Brier Glenn III project. He does not believe that the sewer line should be behind the property under the drainage swale because of the tight line option being denied by the Army Corp of Engineers. He recommends that the sewer be placed in the street and be changed from 17 feet deep to 20 feet deep.

Cory Friesen 3308 214^th St SW, his property borders Brier Glenn III, and he does not object to the development but the fact that they are allowed to break rules that everyone else has to follow. He wanted to know why the variance was granted at the last regular meeting.

Ed Walker 21206 Poplar Way, stated that the council struggled over the decision to approve the variance on Brier Glenn III and that there have been 14 or more occasions where the City has granted similar setbacks. He feels that taking the sewer 20 feet deep is very serious and how big of an easement will be needed for the side sewers with that elevation. He commented on the appearance of fairness issue.

James Lukehart 2943 216^th St SW, he objects to the way Mr. Walker characterizes the council. He wants to point out how unprofessional Mr. Walker is.

Ed Walker 21206 Poplar Way responded to Mr. Lukehart’s remarks.

Terry Kaemingk, 21740 34^th Pl W she does not feel the word hatred is an appropriate description of what is going on here, but that people have the right to stand up for their rights at these meetings. She has no hatred for MIR.

Fred Price 3408 214^th St SW, he is concerned about the drainage under 214^th St. that is coming from the MIR property and either MIR or the City needs to make sure that a larger culvert is put under 214^th St.

Scott Warner 3605 219^th St SW, commented on Resolution 476, section 12.z.1 he believe the resolution should be worded more clearly to state that the retaining wall be erected outside of the right-of-way. Section 12.cc he would like to see some assurance that the soil that is stock piled is the top 8-10 inches of soil. Section 12.mm park mitigation, shows a fee of $6,000 which falls short of the ordinance which would make the fee roughly $28,000. The City Attorney commented on the mitigation fees.

Cory Friesen 3308 214^th St SW requested that the fence on MIR’s Brier Glenn III project be built prior to construction for safety reasons for the families that live surrounding the project.

LariAnne and Milo asked to have the plat hearing continued to the next regular meeting. Mayor Colinas opened for consideration the continuation of Preliminary Plat Hearing on Brier Glen III – Resolution No. 476 Subdivision #01-001 by MIR Enterprises, LLC, @ 214^th and 34^th Avenue W, by Vladan Milosavljevic.

Councilmember Corpron-Smith moved and Councilmember  Gipson 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 February 28, 2006. Motion Carried.

Councilmembers Kaemingk and Krienke returned to the table.

Mayor Colinas opened for consideration the Poplar Glen Recovery Plan.

LariAnne asked that Councilmember Morgan relate any ex-parte communications and then recuse himself from the process.

City Engineer Jorge Garcia, stated that there have been several meetings to resolve the Poplar Glen project and that there has been an agreement with staff and MIR to reach an end. Some of the items discussed to resolve the issue were: the rock wall behind lots 7 & 8 will be reconstructed. There was council discussion. The regrading of lots 1 & 2 to deal with the surface water that is currently ponding there will have no negative impact on the surrounding neighbors. Councilmember Kaemingk questioned the limits of clearing line on the plans from May 29, 2002 and what is the council’s responsibility to uphold the original agreement.  There was council discussion. Mrs. Bell 21500 Poplar Way, spoke to the fact that there had been drainage coming from Mr. Lukehart’s property and the properties uphill from him prior to the grading done by MIR. She previously had horses on her property and was limited to the primarily dry months after the homes on 216^th were built and allowed to have French drains instead of hooking up to the ground sewer system.

Councilmember Corpron-Smith moved and Councilmember Krienke seconded to extend the meeting to 10:50PM. Motion Carried.

The council continued their discussion on the Poplar Glen Recovery Plan.

Councilmember Gipson moved and Councilmember Gem seconded to extend the meeting to 11:15 PM. Motion Carried.

Councilmember Gipson moved and Councilmember Corpron-Smith seconded to continue the Poplar Glen Recovery Plan to a special meeting of February 21, 2006. Motion Carried.

New Business, Petitions, Communications, Applications & Appeals:

Mayor Colinas opened for consideration the approval of Personal Service Contract for Dennis Lovelett/Building Official and authorization for a payment in the amount of $4,355.00 to the Prothman Company for the Finder’s Fee. Councilmember Gipson moved and Councilmember Gem seconded to approve Personal Service Contract for Dennis Lovelett/Building Official and authorization for a payment in the amount of $4,355.00 to the Prothman Company for the Finder’s Fee. Motion Carried.

Mayor Colinas opened for consideration the approval of appointments for Kerin Steele and Eugene Funk to the Planning Commission. Councilmember Gipson moved and Councilmember Kaemingk seconded to approve appointments for Kerin Steele and Eugene Funk to the Planning Commission. Motion Carried. Councilmember Morgan was absent during this vote.

Mayor Colinas opened for consideration the approval for re-appointment for Craig Harris to the Park Board. Councilmember Gipson moved and Councilmember Corpron-Smith seconded to approve re-appointment of Craig Harris to the Park Board. Motion Carried. Councilmember Morgan was absent during this vote.

Ordinances, Resolutions & Orders:

Mayor Colinas opened for consideration approval of Ordinance No. 327 amending Ordinance No. 74.B, the duration of probationary status. Councilmember Corpron-Smith moved and Councilmember Gipson seconded to approve Ordinance No. 327 amending Ordinance No. 74.B, the duration of probationary status. Motion Carried. Councilmember Morgan was absent during this vote.

Council Morgan returned to the table.

Mayor Colinas opened for consideration approval of Ordinance No. 328, adding Police Detective to Title 2 of the Brier Municipal Code. Councilmember Corpron-Smith moved and Councilmember Krienke seconded to approve Ordinance No. 328, adding Police Detective to Title 2 of the Brier Municipal Code. Motion Carried.

Mayor Colinas opened for consideration approval of Ordinance No. 329, adding Support Services Supervisor to Title 2 of the Brier Municipal Code. Councilmember Gipson moved and Councilmember Nick seconded to approve Ordinance No. 329, adding Support Services Supervisor to Title 2 of the Brier Municipal Code. Motion Carried.

Mayor Colinas opened for consideration approval of Ordinance No. 330, amending Ordinance No. 5.D striking the position of Police Lieutenant and amending the qualifications of Police Sergeant. Councilmember Gipson moved and Councilmember Corpron-Smith seconded to approve Ordinance No. 330, amending Ordinance No. 5.D striking the position of Police Lieutenant and amending the qualifications of Police Sergeant. Motion Carried.

Mayor Colinas opened for consideration approval of Resolution No. 484 authorizing miscellaneous expenditures by the Mayor without prior approval of the City Council. Councilmember Gipson moved and Councilmember Kaemingk seconded to approve Resolution No. 484 authorizing miscellaneous expenditures by the Mayor without prior approval of the City Council. Motion Carried.

Mayor Colinas opened for consideration approval of Ordinance No. 326, changing athletic field fees. Councilmember Corpron-Smith moved and Councilmember Gipson seconded to approve Ordinance No. 326, changing athletic field fees. Motion Carried.

Miscellaneous Business by Call of Councilmembers & City Officials

Councilmember Kaemingk reviewed the warrants and found nothing strange. He addressed a letter given to the council from Ed Walker, regarding Councilmember Kaemingk having a vendetta against Milo. He finds it offensive and the allegations are untrue.

Councilmember Krienke has concerns about Mr. Walker’s allegations and that he wanted this letter to be part of the record. He stated that he has never had civil litigation with Milo.

Councilmember Morgan attended the South Snohomish County meeting the last week of January. They have a resolution that they want to send to Sound Transit to express the goals specifically for the South Snohomish County area.

Councilmember Corpron-Smith has sat at Old Poplar Way and seen that the radar reader board was working and cars were going through at legal speeds.

Auditing of Accounts

Mayor Colinas opened for consideration approval of the January 2006 Payroll Warrants. Councilmember Kaemingk moved and Councilmember Gipson seconded to approve the January 2006 Payroll Warrants No. 13100 through No. 13152 in the amount of $95,650.69 with Warrants No. 13099, 13115 and 13136 being voided. Motion Carried.

Mayor Colinas opened for consideration approval of the January 2006 Claim Warrants.  Councilmember Kaemingk moved and Councilmember Gem seconded to approve the January 2006 Claim Warrants No. 17928 through No. 18017 in the amount of $300,420.51 with voided warrant No. 17935. There was council discussion. Motion Carried.

Adjournment

Councilmember Gipson moved and Councilmember Kaemingk seconded to adjourn. Mayor Colinas declared the meeting adjourned at 11:20PM.