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 Colinas, Jordan, Starks, Warner, Doolittle and Morgan.

Absent:             Councilmember Gipson.

Public Requests & Oral Communications:

Janna Greif, 3121 228^th Street SW, spoke regarding a nuisance at 3191 228^th Street. Lori Harris, Police Officer, informed her that an inspection has been done and a hearing date is set and that the property will likely be in violation of the order. Ms. Greif stated that she believed people were living in a trailer on the property. Lane Hoggson, 3201 228^th St. SW, stated that he has seen people living in the trailer with shadows in the light going back and forth at night. Tom Evans, City Attorney, informed the public that, if the City can show violation of the Court Order, the City would not have to go through the trial or citation order and that he believed it would be held in October but he is not sure what the date will be. Dave Vezzani, 3310 238^th Street SW, asked when to speak regarding the Schroeder nuisance. Charlie O’Neil, 23812 34^th Place W. stated that he would like to speak on the Schroeder appeal also. Councilmember Colinas moved and Councilmember Starks seconded to allow for public input in the Schroeder appeal when it comes up on the agenda. Motion Carried.

Reports of Committees & City Officials:

Councilmember Colinas informed Council that Councilmember Warner and he will be working on the NPDES permitting process and anticipates a copy of the permit in the packet for workshop. Councilmember Warner reported that he has been in contact with MRSC and will be receiving information from Gig Harbor and Newcastle. Mayor Kaske reported that the Mountlake Terrace Senior Center is holding a raffle if anyone is interested.

Consent Agenda:

Mayor Kaske opened for consideration of approval of the Consent Agenda. Councilmember Colinas moved and Councilmember Jordan seconded to approve the Consent Agenda which was to approve the corrected Brier City Council Minutes of August 12, 2003, approve Brier City Council Workshop Minutes of August 19, 2003, approve termination of the Cleaners Agreement with Leather to Lace and approve expenditure of $8,666.02 for street striping by Snohomish County Public Works. Motion Carried with Councilmember Doolittle abstaining.

Hearings:

Mayor Kaske removed himself as Chair, turned the meeting over to Mayor Protem Colinas, and left the Council Chambers. Mayor Protem Colinas opened for discussion the Appeal Hearing of Paul Schroeder regarding nuisances located at 3226 238^th St. SW, Brier. Paul Schroeder asked if the appeal was about him or about the abatement order. Tom Evans explained that it is regarding the abatement order. Paul Schroeder stated he was here to find out what the problem is. Mr. Schroeder stated that the nuisance ordinance should be overhauled. Paul Schroeder gave three copies of a letter of comment from his neighbors and stated that he would rather be judged by his neighbors than by Mr. West. Mr. Schroeder explained the steps that he has taken regarding licensing the vehicles on his property. Mr. Schroeder stated he would like to keep his property rural rather than looking like Brier Park or Brierwood. Mr. Schroeder spoke regarding the June 29^th letter from Richard Russell regarding some different property and asked what standards the Council wanted to hold him to and stated his property is pastureland. Mr. Schroeder stated that the 76 Toyota was now gone. Mr. Schroeder stated that some of the photos in evidence were taken from his property and not visible from other properties and he would like to leave it that way. Mr. Schroeder gave Council two sheets of photos taken today from his property and they were marked Exhibit A and B. Mr. Schroeder asked what Council wants him to do. Mr. Schroeder went over the abatement list and informed Council of what had been done. Mr. Schroeder stated that he is about 85% to 95% in compliance but that Mr. West will probably say only 45% is completed. Mr. Schroeder asked Council to respect his ownership.

Nolan West stated that Mr. Schroeder is an OK guy who is a packrat and that there are neighbors that have complained and that is why he responded to the complaints. Mr. West gave a history of his contacts with Mr. Schroeder.

Officer Harris stated that she does not have anything against Mr. Schroeder and finds him kind of quirky but it is her job to enforce and be in compliance with the law.

Tim Hottman, 3302 238^th, stated that he and his fiancée think that Mr. Schroeder is a great neighbor and gave Council a letter from his fiancée, Danise Moisan. Mayor Protem Colinas read the letter into the record.

Dave Vezzani, 3310 238^th Street SW, stated that when he first moved in, there was significantly less than there is now and gave some background on what was on the property. Mr. Vezzani is looking for the City to enforce the nuisance ordinance and to help the neighbors live in a community setting that they expect rather than Mr. Schroeder’s accumulation of the last twenty-five years.

Ken Hoekzema, 3306 238^th Street SW, stated that they probably see the most and have been impacted the most. Mr. Hoekzena stated that he would like to see as much done to correct the problem as the ordinance would allow.

Charlie O’Neil, 238212 38^th Place W., stated that he does not consider what he sees from his property as a nuisance. Mr. O’Neil stated that he had commented on the nuisance ordinance when it was being drafted in 2001 and that the ordinance is pretty good. Mr. O’Neil stated Mr. Schroeder’s things do not offend him. Mr. O’Neil asked for the farm implements and the 38 Dodge truck to be allowed to stay on Mr. Schroeder’s property.

Peggy Dare, 22320 Hickory Way, stated she appreciates a life style of collecting and she feels Mr. Schroeder’s life style is being attacked. Ms. Dare stated that she appreciates the semi-rural character of Brier and believes in letting people have their privacy.

As there was no further input from Mr. Schroeder or the public, Mayor Protem Colinas opened for Council questions and questions were directed to Nolan West who responded. There was Council discussion with Paul Schroeder and staff. Tom Evans informed Council of their various options and stated the final resolution to this should be reached tonight.

LaVonne Barringer, 3322 238^th, stated that she is here to give Paul Schroeder moral support and she stated that six months is not enough time and that Paul Schroeder needs help to do this work as he cannot do this himself and stated that Mr. Schroeder is a hoarder. Ms. Barringer gave information to Mr. Schroeder regarding the Paralyzed Veteran’s of America and what vehicles they will take at no cost.

Nolan West stated that, when you look at it as a whole, it would be impossible, and that is why he would like to cut it up to be done in sections.

Mr. Schroeder stated that he is not selling parts, nor is he operating a business from his home. Councilmember Colinas moved and Councilmember Jordan seconded to deny the Schroeder appeal with a staying of the abatement order to May 1, 2004 with the following conditions: The City be allowed full access to the outside property and out buildings or structures to identify remaining nuisance issues to meet all Brier Municipal Code; the applicant provide a timeline and an abatement plan and map to the City Administration by October 3, 2003 outlining how he is going to abate the nuisances on his property; if the doable abatement plan and map is not provided by October 3, 2003, the City will move forward and abate the property;  and to direct the City Attorney to draft Findings of Fact and Conclusions of Law for the Council to approve at the next regular meeting.

There was Council discussion. Councilmember Starks stated he would suggest a shorter period of time instead of the May 1, 2004 deadline. Motion Carried with Councilmember Starks opposing.

Councilmember Colinas requested that any communication between Nolan West to Mr. Schroeder be in writing.

Mayor Kaske returned to the Council Chambers and resumed the Chair of the meeting.

Miscellaneous Business by Call of Councilmembers & City Officials

Mayor Kaske opened for consideration the prospect of purchasing a new four-wheel drive, extended arm backhoe. There was Council discussion regarding bids and the possibility of a bid-protest. There was Council discussion with the City Attorney. Councilmember Starks moved and Councilmember Morgan seconded to authorize the purchase from Western Power and Equipment a 1997 Case backhoe, 4 x 4, with extended hull and enclosed cab, and with only 87 hours on it for $54,000 plus tax declaring it as a sole source purchase. There was continued Council discussion. Motion Lost with Councilmembers Colinas, Warner, and Doolittle opposing.

Adjournment

Councilmember Jordan moved to adjourn. Motion Carried and Mayor Kaske declared the meeting adjourned at 11:07 PM.