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

Roll Call:

Present:            Councilmembers Starks, Jordan, Morgan, Colinas, Gipson, Warner and Doolittle.

Public Requests & Oral Communications:

Mayor Kaske asked if there was anyone from the public who wished to speak. There was no public input.

Reports of Committees & City Officials:

Mayor Kaske asked if there were any reports. Mayor Kaske reported that an invitation from the Association of Snohomish County Cities and Towns has been sent inviting Council to a meeting, on Thursday September 26, 2002 at Lynnwood City Hall. Mayor Kaske also mentioned that there is some miscellaneous mail for Council to read.. Councilmember Warner arrived at 7:34 PM.

Consent Agenda:

Mayor Kaske opened for consideration approval of the Consent Agenda. Councilmember Colinas moved and Councilmember Jordan seconded to approve the Consent Agenda, which included to approve the Brier City Council Workshop Minutes of September 3, 2002; to approve the Brier City Council Minutes of August 27, 2002; to approve Service Agreement for use of Judicial Information Systems and authorize Mayor’s signature; and to authorize purchase of Cannon CD4050N Document Scanning equipment and box of 10 CD-R Gold disks in an amount of $6,893 plus WSST from the following Funds and Accounts – General Fund #001-514-23-64 $2,500; Street Fund #101-542-00-64-00 $2,500; Council Contingency Fund - #106-511-60-549-00 $2,450.00

Hearings:

Mayor Kaske opened for consideration the Public Hearing on Business License Application No. BR02-077 for Noreen R. Im, Brier Cleaners, at 23609 Brier Road. Mayor Kaske opened the Public Hearing on Business License Application No. BR02-077, for Brier Cleaners and Alterations, at 7:50 PM. There was no public input.  Councilmember Gipson moved and Councilmember Colinas seconded to close the Public Hearing on Business License Application No. BR02-077. Councilmember Colinas moved and Councilmember Warner seconded to approve Business License Application No. BR02-077 for Noreen Im, Brier Cleaners & Alterations, at 23609 Brier Road. There was Council discussion. Motion Carried.

Mayor Kaske opened for consideration the Public Hearing on Conditional Use Application #CU02-002 by John and Ardella Engstrom at 23101 Brier Road. Mrs. Engstrom explained they are applying for an 8-foot fence to be built between the chain link fence and the shrubs, with a clearance of 6 inches above the ground so the weeds can be controlled. Mrs. Engstrom stated that they wanted the fence for privacy and to prevent breaking the neighbor’s windows when mowing their yard. Mr. Engstrom stated that they plan to take the wood fence out after the trees build up and spread out to provide for privacy. Mayor Kaske opened the Public Hearing on Conditional Use Permit #CU02-002, requesting to build a wood fence 10-feet or 8-feet tall, in their back yard. There was no public input. Councilmember Colinas moved and Councilmember Jordan seconded to close the Public Hearing on Conditional Use Application No. CU02-002. Motion Carried. There was Council discussion, It was stated that the Planning Commission recommended that the finish side be facing the neighbors. Councilmember Colinas moved and Councilmember Gipson seconded to approve Conditional Use Application No. CU02-002 for John and Ardella Engstrom, at 23101 Brier Road, as recommended by the Brier Planning Commission. Councilmember Warner stated he had a concern with the 8-foot height and wanted to add a condition to the motion. There was discussion. Councilmember Warner moved and Councilmember Doolittle seconded, to amend the motion to add the condition that the fence be constructed in such a manner that it can be sawed off to create a standard 6-foot fence if that was desired in the future, without requiring the addition or repositioning of horizontal 2 x 4’s. Motion Failed with Councilmember Doolittle and Warner voting yes and Councilmembers Starks, Morgan, Jordan, Colinas, and Gipson voting no.

Councilman Colinas withdrew his previous motion with Councilman Gipson withdrawing his second. Motion was withdrawn.

There was Council discussion. Mr. Engstrom stated that there will be a wood fence on their property between the cyclone fence and the hedge and the work would be accomplished in that space without going on Mr. Brooks property.

Councilmember Gipson moved and Councilmember Doolittle seconded to approve Conditional Use Application No. CU02-002 application by John and Ardella Engstrom, at 23101 Brier Road, for an 8-foot wood fence built wood side out, and to be allowed between the shrub and existing chain link fence. Motion carried with Councilmember Doolittle, Gipson, Colinas, Morgan and Starks voting for and, Councilmember Warner and Jordan opposed. Mr. Engstrom stated he would talk to his neighbor asking for a letter to allow the building of the fence on his side of the chainlink fence. Mr. Engstrom said he will build it on that side of the chain link fence.

New Business, Petitions, Communications, Applications, Appeals:

Miscellaneous Business by Call of Council Members & City Officials:

Councilmember Warner asked if there was going to be a meeting called with Mr. Robert Thorpe and Associates to discuss the Draft Shoreline Management Program and Sensitive Area Ordinance. Mayor Kaske stated that after the Council reads it and has questions there will be discussion at a workshop meeting.

Mayor Kaske explained that he has received an email from a group of residents off of Locust Way. They are asking to meet with the Council to discuss MUGA and setting the annexation boundary. There was discussion and Council stated that they will meet with them at a workshop.

Auditing of Accounts:

Mayor Kaske opened for consideration approval of the August 2002 Payroll Warrants. Councilmember Colinas moved and Councilmember Doolittle seconded to approve the August 2002 Payroll Warrants No. 10857 through No. 10906 in the amount of $74,197.03, with Warrants No. 10855, 10856, and 10867 being void. Motion Carried.

Mayor Kaske opened for consideration approval of the August 2002 Claim Warrants. Councilmember Colinas moved and Councilmember Doolittle seconded to approve the August 2002 Claim Warrants No. 15256 through No. 15320 in the amount of $377,504.56. Motion Carried.

Adjournment:

Councilmember Jordan moved and Councilmember Doolittle seconded to adjourn. Motion Carried, and the Brier City Council Meeting of September 10, 2002 adjourned at 8:31 PM.