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.

Absent:             Councilmember Morgan

Public Requests & Oral Communications:

Ed Walker 21206 Poplar Way, informed the council that he and his mother are going to court with the fire department to stop an immediate use and possession.

Reports of Committees & City Officials:

Councilmember Gem attended the Nov. 8^th Library Board meeting, they are having a book sale in December.

Councilmember Kaemingk will have a word document on the LDMR resolution in the near future. He looked over the claim warrants on November 13^th.

Councilmember Corpron-Smith attended the Park Board meeting last Wednesday, and reported back to them about the Council’s response to their master plan. The Park Board is now working on the tree lighting ceremony, they would appreciate it if the Council would attend.

Approval of Minutes:

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

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

Hearings:

Mayor Colinas opened the Public Hearing at 7:39 PM on the Tree Ordinance. Jim Cutts, Director of Community Development gave the Council a brief overview of the process.

Julie O’Donnell 3404 Russet Road, stated that she is in support of the Tree Ordinance and hopes that enforcement is followed through on. She encourages wildlife corridors. She would like to know if the ordinance pertains to short plats as well as subdivisions. She wanted to make sure that only native plants would be allowed in wetlands. She feels tree maps should show driveways and buildings footprints.

Ed Walker 21206 Poplar Way, spoke about the enforcement problem with the previous ordinance. He had some concerns with nothing stated about vested rights.

Ed McClenny 3609 214^th St. stated that he would like to see a clause that allows people to plant trees in wetlands and buffers.

Councilmember Gipson moved and Councilmember Corpron-Smith seconded to close the Public Hearing at 7:57 PM. There was council discussion. Motion Carried.

Councilmember Krienke moved and Councilmember Corpron-Smith seconded to move item 8D to the top of the Agenda. Motion Carried.

Ordinances, Resolutions & Orders:

Mayor Colinas opened for consideration approval of Ordinance No. 340 amending the Tree Preservation Ordinance. There was Council discussion. Councilmember Krienke moved and Councilmember Nick seconded to approve Ordinance No. 340 amending the Tree Preservation Ordinance. Motion Carried as amended.

Councilmember Krienke moved and Councilmember Nick seconded that we amend the motion and strike everything from the word “international to the end of the sentence” and insert in its place the Tree Care Industry Association, and Line 247 the section reference 18.20.20 J should be changed to 18.20.20 K. Motion Carried.

Councilmember Corpron-Smith moved and Councilmember Kaemingk seconded to amend and correct line 72, M5 to change the word stable to unstable; and change  Line 209 under Section 18.20.40 change the word may to shall; and on page 14 line 594 through line 597 strike the sentence “The Director may release all or part of the bond prior to the conclusion of the bonding period if the applicant demonstrates that the requirements of this section have been satisfied and there is evidence that the protected trees will survive.” There was council discussion. Maker and second agree to strike the change to Line 209. Motion Carried.

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. Jim Cutts stated that both staff and the applicant, by letter, would like more time to work on this issue and would like it moved to a date certain. There was Council discussion. Councilmember Krienke moved and Councilmember Corpron-Smith seconded to continue the issue of Resolution No. 492 adopting the findings of Fact, Conclusions of Law by John Galt, regarding SUB05-001 application by Lindsey E. McClenny to a date certain of December 12, 2006.   Motion Carried.

Mayor Colinas opened for consideration approval of Ordinance No. 334 adopting the 2004 Comprehensive Plan. There was Council discussion. Councilmember Krienke moved and Councilmember Corpron-Smith seconded to approve Ordinance No. 334 adopting the 2004 Comprehensive Plan. There was Council discussion. Motion Carried.

Mayor Colinas opened for consideration approval of Ordinance No. 338 supplementing Conditional Use districts. Councilmember Krienke moved and Councilmember Nick seconded to approve Ordinance No. 338 supplementing Conditional Use districts. There was Council discussion. Ed Walker asked if an ordinance had already been done for this issue. A clerical error in the 2^nd WHEREAS, needs to be corrected from “fire states” to fire stations. A roll call vote was taken with all members present voting yes. Motion Carried.

Miscellaneous Business by Call of Councilmembers & City Officials

Councilmember Krienke moved and Councilmember Nick seconded to adjourn to Executive Session to discuss McClenny Meadows for 20 minutes at 8:42 PM. Motion Carried with Councilmember Gipson opposed. Council extended to 9:20 PM. Council returned from Executive Session at 9:14 PM.

Mayor Colinas pointed out that the draft newsletter is here for the Council to review and possibly approve to send it out in a timely manner. There was council discussion. The consensus was to try to get it out as soon as possible.

Auditing of Accounts

Mayor Colinas opened for consideration approval of the October 2006 Payroll Warrants. Councilmember Kaemingk moved and Councilmember Corpron-Smith seconded to approve the October 2006 Payroll Warrants No. 13636 through No. 13691 in the amount of $101,089.54. Motion Carried.

Mayor Colinas opened for consideration approval of the October 2006 Claim Warrants.  Councilmember Kaemingk moved and Councilmember Gipson seconded to approve the October 2006 Claim Warrants No. 18550 through No. 18624 in the amount of $668,120.36 with voided Warrants No. 18552 and 18553. There was Council discussion. Motion Carried.

Adjournment

Councilmember Corpron-Smith moved and Councilmember Kaemingk seconded to adjourn. Mayor Colinas declared the meeting adjourned at 9:24 PM.