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 Morgan, Jordan, Gipson, Colinas, Doolittle and Warner

Absent:            Councilmember Starks

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. Councilmember Doolittle reported on the ADA Advisory Committee regarding the Library parking area and a discrepancy on the benches needing a 19” knee-space on the picnic table. Councilmember Jordan reported that the Park Board is pleased with the tennis court project and reported on Bobcat Park proposed projects. Councilmember Warner reported on the trees on Russet Road and stated that we should consider planting the trees before the end of October or first of November. Mayor Kaske reported on Miscellaneous Mail.

Consent Agenda:

Mayor Kaske opened for consideration approval of the Consent Agenda. Councilmember Gipson moved and Councilmember Jordan seconded to approve the Consent Agenda, which included to approve the Brier City Council Minutes of September 10, 2002; to approve the Brier City Council Workshop Minutes of September 17, 2002; and to authorize purchase of Vermeer Brush Chipper, Model BC625A per quote dated September 11, 2002, in the amount of $11,907.19, including Washington State Sales Tax, with funds from Street Fund No. 101 542-00-64. Motion Carried with Councilmember Colinas abstaining as he was not in attendance at the September 17, 2002 Council Meeting.

Hearings:

Mayor Kaske disclosed that, because this is an Administrative Charge, he should not preside over the meeting and asked if anyone objected to him removing himself as Chair of the Appeal Hearing. There was no objection and Mayor Kaske took a seat in the public area. Councilmember Jordan volunteered to chair the appeal hearing. There was Council consensus to have Councilmember Jordan chair the appeal. Mayor Kaske gave a book of exhibits to the appellant. Councilmember Jordan opened the Public Hearing for Mr. Koch's appeal to abate a dangerous or unfit building dwelling located at 23003 32^nd Ave. W. Allan Koch, 23003 32^nd Avenue W., Gordon Tripp, 23004 32^nd Avenue W, Dennis Koch, 9016 Linden Ave. N, Seattle, Wayne Kaske, Mayor, and Nolan West, 2901 228^th Avenue W. stated they will speak during the hearing. Mayor Kaske stated that the City filed the complaint referring to the Brier Municipal Code in Title 8, Chapter 12, the Uniform Building Codes and RCW Title 35.A, Chapter 60.010 and Chapter 35.80. Mayor Kaske submitted Exhibit B.1 which were letters of notice of the appeal hearing that were returned and hand delivered instead. Mayor Kaske submitted an Exhibit H.1 that refers to the Uniform Building Code and unsafe structures. City Attorney Tom Evans asked if Mr. Koch had any objection to the exhibits and Mr. Koch stated that he did not. Nolan West, Building Official, explained the building official portion of the exhibits and the violations. Nolan West stated some of the specifics of the violations and explained the exhibit photos. Allen Koch explained the background of the new addition, the sewer line, and the background of his divorce issue. Dennis Koch stated that they came here to find if there was any way that they could stop the house from being torn down until they had the funds to fix it. Gordon Tripp stated that he would run people off if they were there as asked why Mr. West contradicted himself in that there was a four-foot fence but people could still fall in the ditch. Nolan West explained that there is a fence but there is an easy way to get in there. Gordon Tripp asked where the City gets their expertise and Nolan West explained his work background. There were no more questions from the appellant. Councilmember Colinas questioned Nolan West and Nolan West explained his building background. Councilmember Gipson asked questions of Nolan West regarding the definition of a dangerous building. Councilmember Morgan asked if the Fire Marshall had inspected the property and Nolan West responded that he had not. Councilmember Morgan had questions regarding the sewer line and Nolan West responded that he saw a line that could go to sewer or to a holding tank. Mr. Koch stated that the house is connected to sewer and he pays a sewer bill. Mr. Koch stated that raccoons are pulling the insulation loose. Councilmember Morgan asked Nolan West questions regarding the feces that Mr. West had observed, questions regarding the fence, and questions as to how deep the standing water was. Mr. West responded to his questions. Mr. Koch responded explaining the pump. Councilmember Jordan asked if it meets the requirements for a dangerous building and Nolan West responded that it did meet the criteria for a dangerous building. Councilmember Warner asked about the building permit issued in 1992 and Nolan West responded that it didn’t look like anything was accomplished by that permit. Councilmember Jordan allowed the appellant to make his statement. Mr. Koch explained they had been going to put a basement in and gave background information on the roof sag. Mr. Tripp stated that the walls are not sagging as the joists supported them. Dennis Koch stated he reinforced all the joists in the roof. Councilmember Jordan opened it up for Council questions to the applicant. There was Council questions of Mr. Koch and Mr. Koch responded that there was no one living in the house and did not know whether he would be able to bring it up to compliance. There were Council questions of the City Attorney who responded to them. Mayor Kaske asked Mr. Koch who told him that he could not sell the property and Mr. Koch stated that it was Nolan West. Nolan West stated that he did not state that the property could not be sold. Mayor Kaske stated it could be sold and that it could be brought up to code. There was Council discussion with Mr. West. Tom Evans, City Attorney, stated that the question is whether to sustain or deny the appeal. Nolan West made a closing statement regarding the floor, taking walls out, and taking the roof off and stated that the City would like the house to be removed, the sewer capped, and the hole removed. Mr. Koch stated that he has done remodels before. Mayor Kaske distributed page 8 of the UBC to all concerned. There was continued Council discussion. Councilmember Jordan offered a closing statement to Mr. Koch. Ed Coaker, 23000 32^nd Avenue W., stated that the place is disgusting and is offensive to the neighborhood and he offered to put a new roof on it for $1 and would try to get donations if Mr. Koch would complete the project. Mr. Coaker stated that the house does not have to meet all current code but just has to be safe. Mr. Koch was offered an opportunity to speak and Mr. Koch declined. Councilmember Colinas moved and Councilmember Warner seconded to close the testimony on Mr. Koch's appeal. Motion Carried. Councilmember Colinas moved and Councilmember Warner seconded to deny the appeal to abate a dangerous or unfit building dwelling located at 23002 32^nd Ave. W. of Mr. Koch and direct the City Attorney to draw up Findings of Fact and Conclusions of Law to be presented at the October 8, 2002 City Council Meeting. There was Council discussion. Motion Carried.

Councilmember Colinas moved for a five-minute recess at 10:00 PM. Mayor Kaske resumed his seat at the Council Table and called the meeting back to order at 10:08 PM.

Unfinished Business:

Mayor Kaske opened for consideration authorization for City Attorney to proceed with Foreclosure Suit. There was Council discussion. Councilmember Colinas moved and Councilmember Jordan seconded to authorize City Attorney to proceed with Foreclosure Suit for Sewer ULID 89-01 delinquency of Mr. William Steel, 21331 Poplar Way, ULID Account No. 12. Motion Carried.

Hearings:

Mayor Kaske opened the Public Hearing to receive input on the City of Brier Traffic Ordinance No. 246.B. Councilmember Colinas moved and Councilmember Warner seconded to open the Public Hearing. Motion Carried. There was no public input. Councilmember Jordan moved and Councilmember Colinas seconded to close the Public Hearing. Motion Carried.

New Business, Petitions, Communications, Application Appeals:

Mayor Kaske opened for consideration to approve Administration mailing final notice to delinquent Sewer M. & O. Accounts. Councilmember Colinas moved and Councilmember Warner seconded to approve Administration to mail final notice to Sewer M. & O. Account Numbers 1300.0; 2260.0; 5950.0; 9850.0 and 9900.0, giving notice if full payment is not received by October 31, 2002, the City Council will authorize foreclosure suit proceedings. Motion Carried.

Consideration of Bids, L.i.d.s & Related Matters:

Mayor Kaske opened for consideration to accept bid for sidewalk repair/replacement from Dennis Craig. Councilmember Colinas moved and Councilmember Jordan seconded to accept bid for sidewalk repair/replacement from Dennis Craig and Finishing Edge and award work to Finishing Edge per bid dated September 17, 2002, in the amount of $89,449.33, including Washington State Sales Tax, with funds from Street Fund No. 101-544-00-6501; and to further authorize a contingent of $20,000.00 for possible additional work based on unit cost. There was Council discussion. Motion Carried.

Miscellaneous Business by Call of Council Members & City Officials:

Mayor Kaske presented to Council that upcoming Agenda Items would included City Facilities; the Preliminary Budget; and Locust Neighborhood Group. There was Mayor and Council discussion. Mayor Kaske gave an update on the Police Chief applicants and informed Council that he has not yet had a response back from Labor and Industries regarding his appeal. Councilmember Warner informed Council he will be absent on October 1^st and 8^th. Mayor Kaske informed Council that they would receive the Preliminary Budget for 2003 along with the Budget Message in this Friday’s packet. Mayor Kaske informed Council that the EMS Levy passed. Councilmember Colinas discussed having to get a roofing permit to re-roof homes and asked Council if they were interested in revisiting this issue. There was Council discussion with Nolan West regarding the reasons for roof permits.

Adjournment:

Councilmember Colinas moved and Councilmember Jordan seconded to adjourn. Motion Carried, and the Brier City Council Meeting of September 24, 2002 adjourned at 10:48 PM.