Mayor Colinas called the regular Brier City Council Meeting to order at 7:30:18 PM  and the flag salute was given.

Roll Call:                 

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

STAFF:                                       Clerk-Treasurer Swisher; City Planner Gaudette.

                                                  Special City Attorney Craig Knutson, City Engineer Jason Henry.

Public Requests & Oral Communications:

Eric Teegarden 2943 217^th Pl SW Brier, 7:33:06 PM had a handout for the Council, the Mayor reviewed the document with Special City Attorney Craig Knutson and the information is not admissible at this time.

Gerald Pollett, legal counsel for PERK and Legal Advocates for Washington 1314 NE 56^th St, Seattle 98105, came to respectively ask the Council to implement an emergency moratorium on the city’s outdated Critical Areas Ordinance. 7:35:42 PM

Peggy Dare 22320 Hickory Way, did not get an opportunity to discuss the items she wanted to due to the relative nature of them and how they are parallel to the Sunbrook issue on tonight’s agenda.

The Mayor called for a 5 minute recess at 7:42:03 PM returned at 7:45:43 PM. The Mayor introduced Craig Knutson Special Attorney for the City. Mr. Knutson gave an overview of the procedures and the issue at hand for the land use issue on this evening’s agenda.

Councilmember Gipson made a MOTION to move public comment period to the last item on the agenda for the evening. Councilmember Krienke SECONDED. Motion Carried.

Reports of Committees & City Officials:

Councilmember Nick attended the audit exit conference on October 30, 2009. He reviewed the claim warrants on November 8, 2009.

Councilmember Steele attended the audit exit conference on October 30, 2009. She attended the Library Board meeting on November 4, 2009.

Councilmember Gipson on November 5, 2009 attended a CT board of directors meeting.

Mayor Colinas reported on the meetings he attended on November 2^nd & 9^th with the Alderwood Water District in regard to the facilities charges related to the Goldenview pump station.

Approval of Minutes:

Mayor Colinas opened for consideration approval of the Brier City Council Minutes of October 27, 2009. Councilmember Gipson made a MOTION to approve the Brier City Council Minutes of October 27, 2009. Councilmember Gem SECONDED. Motion Carried.

Hearings:

Mayor Colinas began discussion on the Home Occupation Business License BR09-060 submitted by Kim Yi Eap, located at 2780 214^th St SW, Brier for K. Tailoring, he asked City Planner Nicole Gaudette to give an overview of the application. Mayor Colinas opened the Public Hearing at 7:58:57 PM. Peggy Dare 22320 Hickory Way, stated she was in favor of the application and encourages home occupations. Councilmember Gipson made a MOTION to close the public hearing. Councilmember Krienke SECONDED.   Motion Carried. The public hearing was closed at 8:00:21 PM.

Councilmember Corpron-Smith made a MOTION to approve Home Occupation Business License BR09-060 submitted by Kim Yi Eap, located at 2780 214^th St SW, Brier for K. Tailoring. Councilmember Steele SECONDED. Motion Carried.

Mayor Colinas opened the Public Hearing on Proposed Revenues and Property taxes for 2010 at 8:03:09 PM .  Peggy Dare 22320 Hickory Way, is interested in any relief for homeowners being taxed out of their homes by sewer connections. Councilmember Steele made a MOTION to close the public hearing. Councilmember Corpron-Smith SECONDED. Motion Carried. The public hearing was closed at 8:05:33 PM.

New Business, Petitions, Communications, Applications & Appeals:

Mayor Colinas opened consideration for the Council to review taking action on Hearing Examiner Galt’s recommendation for the Plat Application SUB006-001 Sunbrook Plat to be located at 241^st & Brier Road. City Planner Nicole Gaudette gave her overview of the application. Councilmember Krienke made a MOTION to accept the Hearing Examiners determination to deny the SEPA appeal. 8:19:18 PM  Councilmember Steele SECONDED. Motion Carried.

Councilmember Krienke made a MOTION to accept the Hearing Examiner’s recommendation to approve the Sunbrook preliminary plat with the conditions outlined in Resolution No. 516 as amended. Councilmember Nick SECONDED. There was Council discussion.

Councilmember Steele pointed out several typographical errors in the resolution. Councilmember Corpron-Smith had concerns with a magnolia listed in the tree plan.  In addition, she is concerned that the City should obtain additional park land by accepting tracks 997 and 998.

Councilmember Krienke made a MOTION to amend the main motion regarding clerical errors in Resolution No. 516 as outlined by Council discussion.

Councilmember Gem SECONDED. Motion Carried.

Councilmember Corpron-Smith made a MOTION to amend the main motion to include tracks 997, 998 as well as 999 as land dedicated to the City of Brier. Councilmember Kaemingk SECONDED. There was council discussion. Councilmember Corpron-Smith rescinded the motion and Councilmember Kaemingk agreed.

9:29:46 PM Mayor called for a 5 minute recess. 9:37:38 PM returned from recess.

Councilmember Corpron-Smith made a MOTION to add language to item 37 that city staff is directed to discuss with the developer the voluntary dedication of track 997 and bring the results back to the City Council for action. Councilmember Kaemingk SECONDED. There was council discussion. Motion Carried.

Councilmember Krienke made a MOTION to approve resolution no. 516 as stated in the prior motion with the amended clerical items and discussion of lot dedication in condition no. 37. Councilmember Gipson SECONDED. Motion Carried.

Miscellaneous Business by Call of Councilmembers & City Officials:

Mayor Colinas discussed with council if they would like to have their workshop meeting next week.

Councilmember Gipson had questions about the school zone flashing lights. There was council discussion.

Councilmember Steele commented on the new playground equipment at Bobcat Park.

Mayor Colinas handed out a letter from the Library Board regarding the vinyl flooring at the library.

Auditing of Accounts:

Mayor Colinas opened for consideration approval of the October 2009 Payroll Warrants. Councilmember Nick made a MOTION to approve the October 2009 Payroll Warrants # 15790 through # 15807 and Payroll Checks # 16736 through # 16763 in the amount of $113,707.01 with Warrants # 15808 through # 16735 being destroyed. Councilmember Corpron-Smith SECONDED. Motion Carried.

Mayor Colinas opened for consideration approval of the October 2009 Claim Checks.  Councilmember Nick made a MOTION to approve the 2009 Claim Checks # 21050 through # 21123 in the amount of $198,537.98 and voided Check # 21105, with Warrants # 20854 through # 21049 being destroyed. Councilmember Steele SECONDED.  Motion Carried.

Mayor Colinas opened for consideration approval of the October 2009 Checks. Councilmember Nick made a MOTION to approve the October 2009 checks # 9757 through # 9763 in the amount of $32,345.43. Councilmember Kaemingk SECONDED. Motion Carried.

Public Requests & Oral Communications

Eric Adman 7815 NE 192^nd St. Kenmore, he felt it was inappropriate for Mr. Knutson to limit public comment this evening. He would like the Council to consider looking at the out dated codes.

Elizabeth Mooney 5934 NE 201^st St. Kenmore, two years ago the City was invited to attend a volunteer meeting regarding the local watershed and developing relationships.

Peggy Dare 22320 Hickory Way, stated that Brier detention pond has water in it. She would like to encourage Brier to continue to use wet ponds.

Adjournment

Councilmember Corpron-Smith made a MOTION to adjourn. Councilmember Steele SECONDED. Mayor Colinas declared the meeting adjourned at 10:19:25 PM.