Mayor Colinas called the regular Brier City Council Meeting to order at 7:32:04 PM and the flag salute was given.

Roll Call:

7:32:54 PM

PRESENT: Mayor Colinas; Councilmember Corpron-Smith, Gem, Gipson, Kaemingk, Krienke, Nick and Steele.

ABSENT: None.

STAFF: Dir. Comm. Dev. & Planning Cutts; City Attorney Kaseguma; Clerk-Treasurer Swisher.

Public Requests & Oral Communications:

Shalawn & Bill Leahy 2380 226^th St. SW, they take care of 9 trees in front of their home and were informed by Alderwood Water Dist. that the water main for the trees are connected to their water main and are paying for the cost of watering. They would like the City to absorb their sewer cost in exchange for the watering and care for the trees and the planter areas.

Ted Hikel Councilmember of Lynnwood, 3820 191^st Pl, Lynnwood, our representative to the AWC board of directors, wanted to invite the Council personally to attend the 75^th Annual Conference in Yakima.

Mickie Gundersen 1126 Laughton Road, Lynnwood, a leader in a movement regarding the Bothell MUGA and a proposed annexation just wanted to give the Council some background regarding their annexation.

Alan Mador 2312 241^st Pl SW, Bothell, wanted to ask that the Council discuss the Bothell annexation and MUGA boundary issue and have it put on a future agenda.

Fred Price 3408 214^th St SW, complimented the City on the quick response to the sink hole that was developing in front of his home.

Recess to Executive Session:

8:02:21 PM The Council adjourned to Executive Session for 30 minutes Pursuant to RCW 42.30.110(1) (i) to discuss litigation. Mayor Colinas extended the executive session to 8:50 PM. Council returned at 8:44:05 PM.

Reports of Committees & City Officials:

Councilmember Gipson attended a CT board meeting on May 1^st.

Councilmember Steele will attend the library board tomorrow evening.

Councilmember Kaemingk attended the South Snohomish Cities meeting.

Councilmember Nick reviewed claim warrants on May 12th.

Approval of Minutes:

Mayor Colinas opened for consideration approval of the Brier City Council Workshop Minutes of May 6, 2008. Councilmember Steele made a MOTION to approve the Brier City Council Workshop Minutes of May 6, 2008 with them amended to show that Councilman Nick was absent and Councilman Kaemingk was present. Councilmember Corpron-Smith SECONDED. Motion Carried. Councilman Nick abstained.

Consent Agenda:

Mayor Colinas opened for consideration approval of the Consent Agenda which included: Annual Agreement with the Department of Corrections for Community Work Crew, Approval of sidewalk slabjacking bid from Superior Slabjacking in the amount of $22,000 plus tax, approval of sidewalk replacement bid from Edge Concrete in the amount of $48,848.25 plus tax, and Proclamation for Public Works Week. Councilmember Corpron-Smith made a MOTION to approve the Consent Agenda which includes approval of Annual Agreement with the Department of Corrections for Community Work Crew, Approval of sidewalk slabjacking bid from Superior Slabjacking in the amount of $22,000 plus tax, approval of sidewalk replacement bid from Edge Concrete in the amount of $48,848.25 plus tax, and Proclamation for Public Works Week. Councilmember Gem SECONDED. Motion Carried.

Councilmember Krienke made a MOTION to approve Brier City Council Minutes of April 22, 2008. Councilmember Nick SECONDED. Motion Carried. Gipson abstained.

Hearings:

Mayor Colinas opened discussion on Business License #BR08-035 by Ronald Magnuson located at 2509 217^th Pl SW, Brier. Councilmember Corpron-Smith stated that she is a neighbor of the applicant and Councilmember Nick stated that he is a friend of the applicant. Director of Community Development & Planning Jim Cutts gave a brief overview of the application and stated that staff recommends approval. Shelley Magnuson 2509 217^th PL SW Brier, was in attendance and stated that this is just a handyman business. Mayor Colinas opened the Public Hearing at 8:54:09 PM. There were no comments. Mayor Colinas closed the Public Hearing at 8:54:48 PM . Councilmember Nick made a MOTION to approve Business License # BR08-035 by Ronald Magnuson located at 2509 217^th Pl SW, Brier. Councilmember Kaemingk SECONDED. 8:55:21 PM Motion Carried 7-0, None abstained.

Public Hearing on Business License #BR08-032 by Chris Gochev located at 21527 Poplar Way, Brier. This item was pulled from consideration by the applicant.  

Mayor Colinas opened the discussion on establishing a docket to study proposed changes to the Comprehensive Plan. Director Jim Cutts gave an overview of the recommendations by the Planning Commission and Staff. Mayor Colinas opened the Public Hearing at 9:02:59 PM. There were no comments. Mayor Colinas closed the Public Hearing at 9:03:32 PM. There was Council discussion. Councilmember Krienke made a MOTION to approve recommendations on page 3 establishing a docket to study proposed changes to the Comprehensive Plan. Councilmember Gipson SECONDED. 9:10:24 PM Motion Carried 7-0, None abstained.

 New Business, Petitions, Communications, Applications & Appeals:

Mayor Colinas opened for consideration approval of Conditional Use Permit CU08-001 by Steven Scott located at 23820 29^th Ave W, Brier, for a Secondary Dwelling.

Director Jim Cutts commented on how well this application was put together. Mr. Scott 23820 29^th Ave W, stated he didn’t have anything to say but he would like to invite any comments or questions from the Council. Councilmember Steele made a MOTION to approve Conditional Use Permit CU08-001 by Steven Scott located at 23820 29^th Ave W, Brier, for a Secondary Dwelling. Councilmember Corpron-Smith SECONDED. There was Council discussion. 9:16:10 PM

Motion Carried 7-0, None abstained.

Mayor Colinas added an item to the agenda regarding the PERC ruling previously entered into the record. Clerk-Treasurer Swisher read a statement rescinding the previous reading from April 8, 2008 into the record.

Ordinances, Resolutions & Orders:

Mayor Colinas opened for consideration approval to adopt Resolution No. 504 amending Resolution No. 476 to eliminate certain conditions of Preliminary Plat approval relating to Brier Glenn III. There was Council discussion. Councilmember Gipson made a MOTION to approve adoption of Resolution No. 504 amending Resolution No. 476 to eliminate certain conditions of Preliminary Plat approval relating to Brier Glenn III. Councilmember Nick SECONDED. Councilmembers Krienke and Kaemingk will abstain from the discussion and vote due to the proximity of their property to the development. 9:21:48 PM Motion Carried 5-0, Councilmember Krienke and Kaemingk abstained.

Mayor Colinas opened for consideration approval to adopt Resolution No. 505 establishing fees for City Services. No action was taken and Director of Community Development & Planning Jim Cutts was given direction to look at this issue and bring it back to the Council at a later date.

Auditing of Accounts

Mayor Colinas opened for consideration approval of the April 2008 Payroll Warrants. Councilmember Nick made a MOTION to approve the April 2008 Payroll Warrants No. 14746 through No. 14802 in the amount of $117,441.67. Councilmember Kaemingk SECONDED. 9:35:10 PM Motion Carried.

Mayor Colinas opened for consideration approval of the April 2008 Claim Warrants.  Councilmember Nick made a MOTION to approve the April 2008 Claim Warrants No. 19681 through No. 19749 in the amount of $328,401.42 with Warrant No. 19516 and 19519 from January Claims being voided. Councilmember Steele SECONDED. There was Council discussion. 9:37:45 PM Motion Carried.

Mayor Colinas opened for consideration approval of the April 2008 Checks. Councilmember Nick made a MOTION to approve the April 2008 Checks No. 9591 through No. 9596 in the amount of $12,616.72. Councilmember Corpron-Smith SECONDED. 9:39:06 PM Motion Carried.

Adjournment

Councilmember Krienke made a MOTION to adjourn. Councilmember Kaemingk SECONDED. Mayor Colinas declared the meeting adjourned at 9:39:25 PM