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, Gem, and Morgan.

Public Requests & Oral Communications:

Ed Walker 21206 Poplar Way stated that he wants to speak on Resolution #494 when that item comes around.

Cory Ness 2822 227^th St. SW stated that in the last wind storm on the 15^th of December, they had 3 City trees from the park area fall over on their property. It did about $3,500 worth of damage to his roof, fence and yard. He would like consideration of his deductible of $500 and $194 depreciation to the property damage.

Reports of Committees & City Officials:

Councilmember Gipson attended two meetings in relation to the Community Transit Board.

Councilmember Kaemingk attended the South Snohomish Cities & Towns meeting and reviewed the claims on January 8, 2007.

Councilmember Smith attended a Park Board meeting on Sunday the 7^th to solicit volunteers for the off leash area at Bobcat Park.

Approval of Minutes:

Mayor Colinas opened for consideration approval of the Brier City Council Minutes of January 2, 2007. Councilmember Smith moved and Councilmember Nick seconded to approve the Brier City Council Minutes of January 2, 2007.  Motion Carried.

Mayor Colinas opened for consideration approval of the Brier City Council Workshop Minutes of January 2, 2007. Councilmember Smith moved and Councilmember Nick seconded to approve the Brier City Council Workshop Minutes of January 2, 2007.  Motion Carried.

Consent Agenda:

Mayor Colinas opened for consideration approval of the contract with Ortiz Construction for work on the Brier Park Picnic Shelter in the amount of $15,000 and authorize the Mayor’s signature. Councilmember Gipson moved and Councilmember Kaemingk seconded to approve the contract with Ortiz construction for work on the Brier Park Picnic Shelter in the amount of $15,000 and authorize the Mayor’s signature.  Motion Carried.

Councilmember Krienke moved and Councilmember Nick seconded to move items 9A and 10A ahead of item 8 on the agenda. Motion Carried.

Hearings:

Mayor Colinas opened the Public Hearing at 7:46 PM on Business License #BR06-073 for Jason and Sarah Eggebratten for E & E Electric located at 23826 35^th Ave W. Director of Community Development Jim Cutts gave a brief overview of the application. The Eggebrattens were in attendance but had nothing additional to add.

James Lee Rott, 23806 35^th Ave W. stated he is against the business based on the added traffic to the neighborhood. There are already three businesses licensed within a 9/10 of a mile span on this same street, as well as traffic from Jim’s Northgate Towing which uses a lot owned by Brier Realty and an unlicensed landscape business directly across the street. Mr. Rott provided pictures of some of the daily occurrences that they experience.

Susan Rott 23806 35^th Ave W. has issues with the noise created by the business.

Councilmember Gipson moved and Councilmember Kaemingk seconded to close the Public Hearing at 7:56 PM. Motion Carried with Councilmember Kaemingk opposed. Councilmember Krienke moved and Councilmember Gipson seconded to approve Business License # BR06-073 for Jason and Sarah Eggebratten for E & E Electric located at 23826 35^th Ave W., Brier. There was council discussion. Councilmember Krienke amended the main motion and Councilmember Nick seconded to state that a condition be imposed of no business items stored in the detached garage per BMC. Motion Carried with Councilmembers Morgan and Gipson opposed. Councilmember Smith amended the main motion and Councilmember Nick seconded to state that there can be no more than four (4) business vehicles parked on the property. Motion Carried with Councilman Gipson opposed. Councilmember Krienke amended the main motion and Councilmember Smith seconded to require a one year review by Council to make sure that there have been no issues with the neighbors. Motion Carried.  Main Motion Carried.

New Business, Petitions, Communications, Applications & Appeals:

There was a request by the applicant to move this issue to the March 13, 2007 meeting. Mayor Colinas asked the Council to move consideration of Lot Line Adjustment LL06-004 for William Lamb & Nancy Mikolasy at 2704 241^st Pl SW and 2714 241^st Pl SW to March 13, 2007.  Councilmember Gipson moved and Councilmember Gem seconded to move consideration of Lot Line Adjustment LL06-004 for William Lamb & Nancy Mikolsy at 2704 241^st Pl SW and 2714 241^st Pl SW to the March 13, 2007. Motion Carried.

Councilmember Krienke moved and Councilmember Smith seconded to go into executive session at 9:00 PM for one hour to discuss the legal matters pertaining to the McClenny subdivision. Motion Carried. The Council returned from executive session at 9:40 PM.

Councilmember Krienke moved and Councilmember Gipson seconded to adjust the agenda and make item 11A the next item of business, then 8A, then follow the agenda as printed. Motion Carried.

Ordinances, Resolutions & Orders:

Mayor Colinas opened for consideration approval of Ordinance No. 494 declaring theSUB05-001 Hearing of plat application of Lindsay McClenny as moot, and determining the proceedings filed with Brier hearing examiner John E. Galt, under said cause, be dismissed as moot. Councilmember Kaemingk moved and Councilmember Krienke seconded to approve Ordinance No. 494 declaring the SUB05-001 Hearing of plat application of Lindsay McClenny as moot, and determining the proceedings filed with Brier hearing examiner John E. Galt, under said cause, be dismissed as moot. Ed Walker 21206 Poplar Way, stated he would like to know where this Resolution came from and that he disagrees with some of the information contained within it that says he does not want the McClenny plat to go through. He added the statement that possession of his property by the Fire District is incorrect. Motion Carried.

Unfinished Business:

Mayor Colinas opened for consideration the continuation of the discussion adopting the Findings of Fact, Conclusions of Law by John Galt, regarding SUB05-001 application by Lindsey E. McClenny, Considering approval of Resolution No. 492. Councilmember Smith moved and Councilmember Krienke seconded to move continuation of the discussion to the next regular meeting of January 23, 2007 as it is effected by the outcome of Resolution 494 by making the Findings of Fact, Conclusions of Law by John Galt moot, regarding SUB05-001 application by Lindsey E. McClenny, Considering approval of Resolution No. 492.  Motion Carried.

Miscellaneous Business by Call of Councilmembers & City Officials

Councilmember Morgan will be out of town next Tuesday.

City Clerk-Treasurer Paula Swisher asked the Mayor and Council if a claims run for the next regular meeting can be processed for bills that are due by the end of January 2007. The Mayor and Council agreed that was a good idea.

Auditing of Accounts

Mayor Colinas opened for consideration approval of the December 2006 Payroll Warrants. Councilmember Kaemingk moved and Councilmember Gipson seconded to approve the December 2006 Payroll Warrants No. 13747 through No. 13799 in the amount of $103,449.77 with Warrants No. 13800 thru 13835 being voided. Motion Carried.

Mayor Colinas opened for consideration approval of the December 2006 Claim Warrants.  Councilmember Kaemingk moved and Councilmember Smith seconded to approve the December 2006 Claim Warrants No. 18680 through No. 18745 in the amount of $245,419.90. Motion Carried.

Adjournment

Mayor Colinas with the approval of Council declared the meeting adjourned at 10:00 PM.