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 7:37 AM.

Public Requests & Oral Communications: None.

Reports of Committees & City Officials:

Councilman Gipson attend the October 5^th Community Transit Board meeting. He brought an update for the council to read.

Councilman Kaemingk attended the South Snohomish County Cities and Towns meeting. They had a chance to talk with legislators about concerns for each community. In addition he reviewed the warrants on October 9^th.

Councilman Nick met with Public Works on October 6^th. They discussed a submission to the newsletter and projects they are working on.

Approval of Minutes:

Mayor Colinas opened for consideration approval of the Brier City Council Minutes of September 26, 2006. Councilmember Corpron-Smith moved and Councilmember Gem seconded to approve the Brier City Council Minutes of September 26, 2006. Motion Carried. Councilman Morgan abstained.

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

Consent Agenda:

Mayor Colinas opened for consideration approval of the Interlocal Agreement with Bothell and Mill Creek for Snohomish County Health District Board of Health Representative schedule. Councilmember Gipson moved and Councilmember Corpron-Smith seconded to approve the Consent Agenda, which includes the Interlocal Agreement with Bothell and Mill Creek for Snohomish County Health District Board of Health Representative schedule. Motion Carried.

Unfinished Business:

Mayor Colinas pulled the police car video system purchase item from the agenda.

Mayor Colinas opened for consideration the continuation of City Council discussion of the 2004 Comprehensive Plan. Jim Cutts, Director of Community Development gave a brief overview of the process that brought us to this point and stated that the council received written comments from Keith Maw, Peggy Dare and Ed Walker in their packets.

A typo error was made in the Housing Element as it relates to goal #5 the word alternative needs to be removed.

Councilmember Smith wanted to discuss that on page 11, #5 Strategies to Achieve the Affordable Housing Objective in the Housing Element there were to be some bullet deletions that the council had discussed. The strikes that had been voiced by the Council were…. instituting programs for transfer/purchase of development rights, allow co-housing, allowing duplexes, town homes and condominiums and had added the wording at the last bullet allowing mixed uses development with the added language of in neighborhood businesses.

Councilmember Corpron-Smith moved and Councilmember Gipson seconded to change the wording on page 11 of the Housing Element on item number 5 dropping down the page to number 13 where it is bulleted and deleting instituting programs for transfer/purchase of development rights; deleting allowing co-housing; deleting allowing duplexes, town homes and condominium; and adding mixed uses adding the wording in neighborhood business zones. There was council discussion. Motion Carried.

Councilmember Gipson  moved and Councilmember Corpron-Smith seconded to strike the word “alternative” throughout the Housing Element in approximately three places. There was council discussion. Motion Carried.

Councilmember Corpron-Smith had a question about the Park Element regarding Gold Creek Greenbelt and Brierwood Park. The description is not as thorough as it once was.

Councilmember Corpron-Smith moved and Councilmember Nick seconded to amend the language on Brierwood Park to include the Gold Creek Greenbelt description. Motion Carried.

Councilmember Smith on page 25 of Parks & Recreation, under goal PR5.1 item E they need to change the wording from “eliminate invasive plants” to “control invasive plants”. Council consensus was to change the wording.

Councilmember Gipson had a process question about the written comments they received from the public in their packet.

Councilmember Krienke in the Land Use Element had noted that they needed to look at page 20 #G4 and rewording that section. There was council discussion to add the word minimum. Councilmember Krienke moved and Councilmember Corpron-Smith seconded to amend Land Use page 20 #G4 to change in the second sentence to have after the semicolon “with a minimum 12500 square feet”.  Motion Carried.

Councilmember Gipson had a question about the Land Use Element on page 20 #G6 that it appears inconsistent with the wording for the neighborhood business zone and the wording mixed use.  He would recommend that “these uses are not compatible in the RS zone and therefore not permitted”. Councilmember Gipson moved and Councilmember Nick seconded to change the wording “these uses are not compatible in the RS zone and therefore not permitted”. Motion Carried.

Mayor Colinas asked Jim Cutts and City Attorney Tom Evans to explain where the process goes now with the Comprehensive Plan. They could see an ordinance for adoption of the plan on November 14, 2006.

Hearings:

Mayor Colinas opened the Public Hearing on the revisions to the Short Subdivision Code at 8:15 PM. Councilmember Gipson moved and Councilmember Corpron-Smith seconded to close the Public Hearing. Motion Carried.

Ordinances, Resolutions & Orders:

Mayor Colinas opened for consideration approval of Ordinance No. 335 repealing chapter 16.32 “Short Subdivision” as currently written; adopting new Short Subdivision provisions, codified as chapter 16.32 ET.EEQ and in the form attached. There was Council discussion. Councilmember Krienke moved and Councilmember Nick seconded to approve Ordinance No. 335 repealing chapter 16.32 “Short Subdivision” as currently written; adopting new Short Subdivision provisions, codified as chapter 16.32 ET.EEQ and in the form attached. Councilman Gipson thanked Councilman Krienke for all his hard work and that of the Planning Commission for their work on this. Motion Carried. Councilmember Morgan voted against.

Councilmember Krienke moved and Councilmember Nick seconded to go into executive session to discuss the John Galt decision regarding the McClenny Meadows Subdivision with legal counsel until 8:50 PM. Council adjourned to executive session at 8:18 PM. Mayor Colinas came out at 8:49 PM to extended executive session to 9:15 PM.

The council returned at 9:10 PM.

Mayor Colinas opened for consideration approval of Resolution No. 492 adopting the Findings of Fact, Conclusions of Law by John Galt, regarding SUB05-001 application by Lindsey E. McClenny. Randy Boyer the attorney for Dr. McClenny addressed the council and asked that the council not adopted the findings by Hearing Examiner John Galt. He referenced the points that they disagree with and would like the council to consider. There was council discussion. Ed Walker 21206 Poplar Way, address the council as to his views on the issue as he is a party of record.

Councilmember Morgan moved and Councilmember Krienke seconded to extend the meeting to 10:45 PM. Motion Carried.

Ed McClenny, 3609 216^th St SW, he addressed the council regarding the issues that they have with the recommendations by Mr. Galt.

There was council discussion. Councilmember Krienke moved and Councilmember Morgan seconded to continue this issue to the October 24, 2006 regular council meeting. Motion Carried.

Miscellaneous Business by Call of Councilmembers & City Officials

Mayor Colinas handed out a letter to the council for their reference.

Auditing of Accounts

Mayor Colinas opened for consideration approval of the September 2006 Payroll Warrants. Councilmember Kaemingk moved and Councilmember Corpron-Smith seconded to approve the September 2006 Payroll Warrants No. 13577 through No. 13635 in the amount of $109,493.14. Motion Carried.

Mayor Colinas opened for consideration approval of the September 2006 Claim Warrants.  Councilmember Kaemingk moved and Councilmember Gipson seconded to approve the September 2006 Claim Warrants No. 18473 through No. 18546 in the amount of $114,223.63 with voided Warrants No. 18471, 18472, 18547, 18548, and 18549. Motion Carried.

Adjournment

Councilmember Morgan moved and Councilmember Corpron-Smith seconded to adjourn. Mayor Colinas declared the meeting adjourned at 10:41PM.