Mayor Colinas called the regular Brier City Council Meeting to order at 7:32 PM and the flag salute was given.

Roll Call:

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

Public Requests & Oral Communications:

James Lukehart 2943 216^th St SW, stated that Poplar Glen has been in process for seven (7) years. He hopes that the half truths and lies will come to light tonight.

Ed Walker 21206 Poplar Way, asked if the bathrooms in the City Park are permanently closed.

Joe Imrek 22010 Brier Rd, asked how his sewer billing is handled. Mayor Colinas asked him to contact Clerk-Treasurer Paula Swisher.

Dave Keeney 3104 216^th ST SW, submitted written comments regarding the Poplar Glen recovery plan. 

Fred Price 3408 214^th St SW, stated that he has a pet peeve with the culvert under 214^th and that there was a flood recently from it again. He thinks it needs attending to and it needs to be done at the same time as Brier Glen III or it needs to be dealt with prior to Brier Glen III. He added that not only is water coming from the screen, but also from a couple of drains up the street.

Ed Walker 21206 Poplar Way, stated he had looked at the Timbervale Plat and the pond/wetland area has lost a lot of its capacity and he believes it will continue to do that and is causing a lot of the problems in the culvert on 214^th.

Scott Warner 3605 219^th St SW, commented that the Timbervale detention Pond is supposed to be a 100-year storm, but it has no brush screen in it, which can cause it to clog up and flood. 

Don Hill 12112 115^th Ave NE Kirkland, representative for St. Paul Orthodox Church  stated that he is here if the council would like St. Paul’s Orthodox Church’s opinion on the Brier Glen III issue.

Reports of Committees & City Officials:

Mayor Colinas introduced Leslie Lavoie, our soon to be part-time minute’s taker.

Councilmember Corpron-Smith attended the Park Board meeting. They are planning to paint the park bathrooms and are gearing up for the Easter egg hunt.

Approval of Minutes:

Mayor Colinas opened for consideration approval of the Brier City Council Minutes of March 7, 2006. Councilmember Corpron-Smith moved and Councilmember Gem seconded to approve the Brier City Council Minutes of March 7, 2006. Motion Carried. Councilmembers Gipson and Morgan abstained.

Consent Agenda:

Mayor Colinas opened for consideration approval of the Consent Agenda which includes approval of the Brier City Council Minutes of February 28, 2006, approval of the agreement with P.A.W. S. and approval of Mayor’s signature, and approval of refund for $300.00 for Eligio Fernando’s Conditional Use permit. Councilmember Kaemingk moved and Councilmember Corpron-Smith seconded to approve the Consent Agenda which includes approval of the Brier City Council Minutes of February 28, 2006, approval of the agreement with P.A.W. S. and approval of Mayor’s signature and approval of refund for $300.00 for Eligio Fernando’s Conditional Use permit. Motion Carried.

Unfinished Business:

Mayor Colinas opened for consideration the Poplar Glen Recovery Plan. David Mann the new council for MIR objected to the participation of Councilmembers Krienke, Morgan and Kaemingk, and he asked that they step down. He stated that the City’s process on the development is broken and illegal. He stated that State law dictates that you are allowed one open public hearing and that we cannot take further public comment on this issue. City Attorney Tom Evans responded.

Mayor Colinas asked Vladan Milosavljevic, MIR if he would like to address the City Council regarding his new tree preservation plan dated March 7, 2006. There was Council discussion regarding the removal of the upper terrace and restoring the ten-foot buffer zone. Councilmember Morgan would like to see the upper wall removed, dirt brought back in and the gentle slope restored to coincide with the lower wall and the area be replanted. Councilmember Kaemingk believes the plat has been altered way beyond what was permitted and he would like the developer to extend to the City the efforts to restore the land to what it was.

Milo offered to raise the lower wall by two rows (16 inches), remove the upper wall and restore the slope. There was council consensus that they would be agreeable, pending review by the City Engineer, Milo stated he would have the wall engineered. Councilmember Kaemingk moved and Councilmember Nick seconded that citizens who have new information and would like to speak to the issue be allowed 3 minutes. Motion Carried.

David Mann, stated the objection for MIR that an open public record not be allowed. James Lukehart, stated that he had his own expert come out and look how his property was cut into by MIR. He also stated that the priest from the church does not believe that the problems have been fixed and that the wall is creating imminent danger.

Don Hill, read the responses that he gave the City regarding their concerns with the MIR project and the letters sent to the City regarding their concerns. He outlined the issues that had been included in those letters to the City.

Dave Keeney, submitted to the City a letter regarding his concerns with the recovery plan.

Councilmember Corpron-Smith addressed the revisions made from March 7, 2006 on the tree-planting plan. There was a miscount of trees there was 16, not 17. She would like to see the 12 Canadian Hemlock be at the 10’ height. The Vine Maples need to be a total of 29. She stated that they need to increase the count of plants to 75, one-gallon sword ferns and 75 salal plants. They need to have wood chips be inserted so that there will be 3”- 4” spacing throughout the planting to help weeds stay down and keep moisture in the ground.  A 6’ - 8’ vine maple would be more appropriate. She would like the wording on this plan changed to the tree mitigation plan rather than a tree preservation plan so there is not confusion from the original plan that had been derived with the neighbors. We need to make sure there is a 2-year warranty on the tree mitigation plan so that MIR is warranting the plants for that time frame.  

Mayor Colinas opened to discuss the assessment for the trees that are needed to replace the 17 trees that were removed wrongly. Morgan handed out a bid for the assessment for the trees.

Councilmember Kaemingk moved and Councilmember Gem seconded to allow Lukehart to speak for 3 minutes. A roll call vote was taken. Councilmember, Gem - Yes, Gipson - Yes, Kaemingk - Yes, Smith - No, Morgan - Yes, Nicks - Yes, Krienke – No. David Mann objected because there is a penalty clause already in place in a contract with the City.

James Lukehart, stated that the timber load would be worth between $17,000 to $21,500 for the downed trees as estimated by a friend that works at the sawmill.  

Milo objected about the 5 trees (174 inches) because the rest of the trees had been approved by the administration to be cut down. It happened 2 years ago and was inspected by the city. 

Councilmember Corpron-Smith stated she would like to address the profitability of the downed trees that MIR can make. City Attorney Tom Evans stated that there is no way to approach this issue because he finds no connection to it.

Mayor Colinas asked Tom Evans about lifting the stop work order and limiting the working days to Monday thru Friday.

Mayor Colinas recessed for 3 minutes at 9:30 PM.

The council returned from recess at 9:34 PM.

Councilmember Krienke moved and Councilmember Nick seconded to move the continuance of Poplar Glen Recovery Plan to the next regular meeting of March 28, 2006. Motion carried.

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.

Councilmembers Krienke and Kaemingk excused themselves from the table.

Mayor Colinas asked that the council begin on the issue of the location of the sewer. David Mann raised the objection to Councilmember Morgan being involved in the proceedings and that the open record hearing is long past on this plat. Councilmember Gipson stated that he believes the last discussion ended with the sewer line needing to be moved in front of the homes because it would be too close to the buffer in the current plans. The council consensus was to put the sewer line in the access easement on the east side of the plat. Milo spoke to the council regarding his feelings that this is a feasible plan. Councilmember Gipson would like to know if there is a legal issue that would require the sewer line to be set a certain distance away from the channel. There was council discussion.

Councilmember Morgan moved and Councilmember Gem seconded to allow the public to speak up to 3 minutes. Motion Carried with Councilmember Corpron-Smith opposed.

Terry Kaemingk 21740 34^th PL W, stated that she has a concern that there are at least 3 Alder trees leaning toward Brier Glen III that are in her 100 foot buffer that she is not allowed to cut down. She had asked for a fence to be put up because a lot of people wander through her yard and she is charged with protecting this wetland buffer.

Fred Price 3408 214^th St SW, stated that he realizes the governmental agencies don’t have a problem with the sewer line going through the stream, but there is an alternative to use an already existing easement and road on the west side of the Doto’s property. He commented on the buffer zone issue with the Kaemingk’s property and how the City has established buffer zones for streams, wetlands, etc. He stated that there is no buffer zone to the area that is their wetland (100 foot area) and the MIR development. If this 100-foot area was enforced there would be a buffer zone and the Kaemingk’s wouldn’t have to cut their trees down.

Ed Walker 21206 Poplar Way, stated that the code allows for City staff to determine if a tree is dangerous or not and if it can be removed. He said the Brier Municipal Code tells what is allowed for the sewer line buffer.

Milo raised his objection to moving the sewer in front of the homes and that there are no viable alternatives and he objects to being forced to move the sewer and incur the costs to put the sewer in front of the homes. Milo and his civil engineer have determined that the new culvert for 214^th should be a minimum of 24” to handle the water flow. 

Councilmember Gipson moved and Councilmember Corpron-Smith seconded to continue 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 to the date certain of March 28, 2006.  Motion Carried.

Councilmembers Krienke and Kaemingk returned to the council table.

New Business, Petitions, Communications, Applications & Appeals:

Mayor Colinas opened for consideration the review and approval of fuel purchase of up to $18,000.00. Councilmember Krienke moved and Councilmember Kaemingk seconded to approve the fuel purchase of up to $18,000.00. Motion Carried.

Mayor Colinas opened for consideration the confirmation of the Mayor’s appointment of Melissa Dahl to the Library Board. Councilmember Gipson moved and Councilmember Kaemingk seconded to approve the Mayor’s appointment of Melissa Dahl to the Library Board. Motion Carried.

Ordinances, Resolutions & Orders:

Mayor Colinas opened for consideration approval of Ordinance No. 331 adopting the new Civil Service Commission rules and regulations. Councilmember Corpron-Smith moved and Councilmember Krienke seconded to approve Ordinance No. 331 adopting the new Civil Service Commission rules and regulations.  Motion Carried.

Miscellaneous Business by Call of Councilmembers & City Officials

Councilmember Gipson was in Washington DC last week on behalf of Community Transit to discuss transit system issues. He went there for a conference and to meet with our state delegates to promote the transit issue. They are working on the Bus Rapid Transit (BRT) - it is a business access only lane, while not in use it will be transit lanes starting from the Everett station and will continue to Aurora Village.

Councilmember Kaemingk and Councilmember Gipson motion to extend to 10:45 Motion Carried.

Councilmember Kaemingk and councilmember Morgan met with the staff for the audit exit meeting on March 10, 2006.

Mayor Colinas mentioned that the police dept and public works are working together on the Old Poplar Way issue and there will be more information coming to the council in the near future on adding a sidewalk along Old Poplar Way in 2007 budget. There was council discussion. Councilmember Morgan asked is there any quadrant money to do anything on Old Poplar Way.

Auditing of Accounts

Mayor Colinas opened for consideration approval of the February 2006 Payroll Warrants. Councilmember Kaemingk moved and Councilmember Corpron-Smith seconded to approve the February 2006 Payroll Warrants No. 13154 through No. 13209 in the amount of $98,956.92 with Warrants No. 13153, 13169 and 13200 being voided. Motion Carried.

Mayor Colinas opened for consideration approval of the February 2006 Claim Warrants. Councilmember Kaemingk moved and Councilmember Gipson seconded to approve the February 2006 Claim Warrants No. 18018 through No. 18084 in the amount of $664,367.66 with Warrants No. 18019 and 18020 being voided. Motion Carried.

Adjournment

Councilmember Nick moved and Councilmember Gipson seconded to adjourn. Mayor Colinas declared the meeting adjourned at 10:43 PM.