Mayor Kaemingk called the regular Brier City Council Meeting to order at 6:59 PM and flag salute was given.

Roll Call:

Present: Mayor Kaemingk, Councilmembers Gallagher, Krienke, Lockhart, Marley, Moran, Nick, and Rosman,

Staff: Clerk-Treasurer Swisher, Deputy Clerk-Treasurer Snowden, City-Attorney Dawn Reitan, Police Chief Almquist.

Public Requests & Oral Communications:

ML DeMorett, Brier, mentioned that the construction fencing for the development next to Brier Landing is inching out into the sidewalk and it's hard to pass.

Reports of Committees & City Officials:

Councilmember Marley reviewed checks on February 10^th.

Mayor Kaemingk and Councilmembers Gallagher and Rosman attended the City Action Days meeting in Olympia over the next two days.

Councilmember Rosman listened to the State legislative updates and attended the Park Board meeting on the February 8^th.

Councilmember Gallagher attended the Community Transit meeting.

Approval of Minutes:

Mayor Kaemingk opened for consideration approval of the Brier City Council Minutes of January 24, 2023. Motion: Approve the Brier City Council Minutes of January 24, 2023. Moved by Councilmember Nick, Seconded by Councilmember Lockhart. Motion Carried.

Mayor Kaemingk opened for consideration approval of the Brier City Council Workshop Minutes of February 7, 2023. Motion: Approve the Brier City Council Workshop Minutes of February 7, 2023. Moved by Councilmember Gallagher, Seconded by Councilmember Marley.

Motion Carried.

Consent Agenda:

Mayor Kaemingk opened for consideration the scope of work from Pace Engineers for the 228^th/Old Poplar stormwater improvements in an amount not to exceed $60,000.00. Motion: Approve the scope of work from Pace Engineers for the 228^th/Old Poplar stormwater improvements in an amount not to exceed $60,000.00 Moved by Councilmember Marley, Seconded by Councilmember Krienke. Motion Carried.

Hearings:

Mayor Kaemingk opened for consideration the Public Hearing for Home Occupation Business No. 604474718 located at 2937 216^th ST SW, by Rafal and Hayder Al Badri for Rafal's Home Childcare. Deputy Clerk Snowden gave a brief overview of the application and recommended approval with conditions stated. The applicant addressed the Council. 7:15 PM Hearing opened. No public discussion. 7:15 PM hearing closed. Motion: Approve Home Occupation Business No. 604474718 located at 2937 216^th ST SW, by Rafal and Hayder Al Badri for Rafal's Home Childcare with conditions stated. Moved by Councilmember Marley, Seconded by Councilmember Lockhart. Motion Carried.

New Business, Petitions, Communications, Application Appeals:

Mayor Kaemingk opened for review and discussion of Fuel Purchase request in the amount of $35,000.00. Motion: Approve the Fuel Purchase request in the amount of $35,000.00. Moved by Councilmember Gallagher, Seconded by Councilmember Nick. Motion Carried.

Ordnances, Resolutions & Orders:

Mayor Kaemingk opened for consideration approval of Ordinance No. 489, approving the Franchise Agreement with MCI Metro Telecommunications. Motion: Approve Ordinance No. 489, approving the Franchise Agreement with MCI Metro Telecommunications. Moved by Councilmember Krienke, Seconded by Councilmember Gallagher. Motion Carried.

Mayor Kaemingk opened for consideration the City of Brier Proposition No. 1 - Brier Seeks Voter Approval to Annex into South Snohomish County Fire & Rescue Authority.

Mayor Kaemingk opened for consideration the approval of Resolution No. 595 to place City's annexation into the South County Fire & Rescue Regional Fire Authority for Fire & EMS Services on the special election ballot of April 25, 2023. Motion: Approve Resolution No. 595 to place City's annexation into the South County Fire & Rescue Regional Fire Authority for Fire & EMS Services on the special election ballot of April 25, 2023. The public was afforded an approximately equal opportunity for the expression of an opposing or supporting view on this topic. Dave Johnson, Brier, stated that he is in favor of Resolution No. 595 and has believed for years that this was needed because he feels that it has equated to taxation without representation. Moved by Councilmember Rosman, Seconded by Councilmember Gallagher. Roll call vote was taken, all councilmembers voting unanimously. Motion Carried.

Mayor Kaemingk opened for consideration the approval of Resolution No. 596, Intent to reduce property tax in the event annexation into South County Fire & Rescue Regional Fire Authority is approved. Motion: Approve Resolution No. 596, Intent to reduce property tax in the event annexation into South County Fire & Rescue Regional Fire Authority is approved. The public was afforded an approximately equal opportunity for the expression of an opposing or supporting view on this topic. No community discussion. Moved by Councilmember Gallagher, Seconded by Councilmember Marley. Roll call vote was taken, all councilmembers voting unanimously. Motion Carried.

Mayor Kaemingk opened for consideration to appoint Nick Tastad and Dave Johnson to the Pro Committee for the ballot measure seeking annexation into South Snohomish County Fire and Rescue Regional fire Authority on the April 25, 2023 special Election ballot. Motion: Approve to appoint Nick Tastad and Dave Johnson to the Pro Committee for the ballot measure seeking annexation into South Snohomish County Fire and Rescue Regional fire Authority on the April 25, 2023 special Election ballot. Moved by Councilmember Lockhart, Seconded by Councilmember Nick. Motion Carried.

Miscellaneous Business by Call of Councilmembers & City Officials:

Chief Almquist gave a brief department update. He was able to forward an employment offer today to an individual that is showing promise. Officer Hawley is on light-duty due to a knee injury sustained while on duty and is working on projects within the department. Due to vacations and training opportunities scheduled all the officers are working longer hours and switching shifts to cover. He has reached out to Snohomish County Sheriffs Dept. to help cover shifts so that time off and training opportunities don't have to be cancelled. He also mentioned that the City is hosting a chili cook off on March 8^th.

Mayor Kaemingk opened for consideration to cancel the February 21st council workshop meeting. Motion: Approve to cancel the February 21^st council workshop meeting. Moved by Councilmember Gallagher, Seconded by Councilmember Krienke. Motion Carried

Auditing of Accounts:

Mayor Kaemingk opened for consideration approval of the January 2023 Payroll Checks. Motion: Approve the January 2023 Payroll Check No. 44352, Checks No. 44405 through No. 44409 and EFT Transactions in the amount of $175,439.53. Voided Check No. 44329. Reason: Lost in the mail, Reissued with Check No. 44414. Moved by Councilmember Marley, Seconded by Councilmember Gallagher. Motion Carried.

Mayor Kaemingk opened for consideration approval of the January 2023 Claim Checks. Motion: Approve the January 2023 Claim Checks No. 44403 and 44404, Checks No. 44410 through No. 44413, Checks No. 44415 through No. 44469 in the amount of $174,139.66. Voided Check No. 44271. Reason: Item Return. Moved by Councilmember Marley, Seconded by Councilmember Gallagher. Motion Carried.

Adjournment

Mayor Kaemingk declared the meeting adjourned at 7:43 PM.