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May 11, 2004 Mayor Starks called the regular Brier City Council
Meeting to order at 7:31 PM and the flag salute was given. Roll Call: Present: Councilmembers McClenny, Kaemingk,
Gipson, Doolittle Corpron-Smith and Morgan. Absent: Councilmembers Colinas. Approval
of Minutes: Mayor Starks opened for consideration approval of
the Brier City Council Minutes of May 4, 2004. Councilmember McClenny moved and Councilmember Corpron-Smith seconded to approve the Brier
City Council minutes of May 4, 2004. Motion Carried. Mayor Starks opened for consideration approval of the Brier
City Council Workshop Minutes of May 4, 2004. Councilmember McClennymoved, and Councilmember Gipson seconded to approve the Brier City
Council Workshop Minutes of May 4, 2004. Motion Carried. Consent
Agenda: Mayor Starks opened for consideration approval of
the Consent Agenda, which includes authorization of the Mayors signature on the
contract for the Monroe work crew contract with a cap of $7,200.00. Councilmember Gipson moved and Councilmember Doolittle seconded
to approve the Consent Agenda, which includes authorization of the mayor’s
signature for the Monroe work crew contract with a cap of $7,200.00. Motion
Carried. Auditing
of Accounts Mayor
Starks opened for consideration approval of the April 2004 Payroll Warrants No.
11946 through No. 11995 in the amount of $76,844.50. Councilmember Corpron-Smith moved and Councilmember Doolittle seconded to approve April 2004
Payroll Warrants No. 11946 through No. 11995 in the amount of $76,844.50.
Motion Carried. Mayor
Starks opened for consideration approval of the April 2004 Claims Warrants No.
16566 through No. 16618 in the amount of $149,385.21. Councilmember McClenny moved and Councilmember Gipson seconded to approve April 2004 Claim
Warrants No. 16566 through No. 16618 in the amount of $149,385.21. Motion
Carried. Hearings: Mayor Starks opened the discussion of the Brier
Glen III SEPA Appeal Hearing. The proceedings were turned over to the City
Attorney Tom Evans. The procedural issues were covered and it was brought to
the audience’s attention that Councilmember Kaemingk is requesing himself but
that he is allowed to observe the proceedings. Mr. Evans entered into the record the documents that
have been entered as exhibits so that all parties may refer to them as
necessary. Mr. Fred Price of 3408 214th St. SW, Brier spoke for the
record that former Councilmember Scott Warner will be representing his interest
in this appeal hearing. Mr. Evans asked that all people who will argue or
testify stand and be sworn in that their testimony is under oath and is under
penalty of perjury. (930)Mr. Evans opened the hearing and turned the
floor over to the appellant’s representative Scott Warner. Mr. Warner made an
opening statement that their concerns are mainly that the City Codes be
complied with and upheld in regard to this plat. (3360)Mr. Knight the attorney for MIR was asked to
begin his case. He asked that the current engineering drawings be entered as
exhibit 8. Mr. Evans called a recess until 9:10PM. Mr. Evans entered in the
record exhibits 8-11 being the current engineering drawings and three pictures
submitted by Mr. Price showing where his property and the Brier Glen III
property connect and the stream as it runs through his property. (Tape 2 - 134) Mr. Knight started calling his
witnesses to testify. LariAnne Milosavljevic of MIR who resides at 8428 NE 203rd
St, Bothell 98011 took the stand and was questioned by Mr. Knight and council. (330) Mr. Robert Thorpe of R.W. Thorpe &
Associates located at 705 2nd Ave, Ste. 710, Seattle 98104 was asked
to take the stand and was questioned by Mr. Evans. There was council
questioning and discussion. The council was asked at 10:14PM to extend
everyone’s time by ten minutes each. The council granted the additional time.
Mr. Knight questioned Mr. Thorpe. Mr. Warner was allowed to cross-examine. Mr.
Evans asked that the council suspends the 10:30 PM rule. The council agreed and
the rule was suspended. Fifteen minutes was added to the respondent’s time to
let Mr. Warner finish his questioning and handle any additional comments. Mr.
Thorpe was excused. (Tape 3 –186) Councilmember Morgan questioned LariAnne Milosavljevic from MIR
regarding the existence of wetland or bogs on the property before they did any
fill and grading. She said no. Councilmember Morgan asked Mr. Price if it is
his testimony that the stream was altered by the fill and grade done by MIR,
Mr. Price claims that he witnessed dirt being moved into portions of the stream
and that flooding under his home started occurring after the fill and grading
was done by MIR. Final arguments were started at 10:55 PM. (469) Mr.
Warner wanted to call on Terry Kaemingk to speak and Mr. Evans said that this
was not appropriate at this time only the appointed representative can speak.
Mr. Evans pointed out that Mr. Knight has stated that the appeal failed to show
cause for the council to act on the appeal. (639) Mr. Knight made his closing
arguments. Mr. Evans officially closed the hearing at 11:11
PM. There was council discussion. Councilmember
Gipson
moved and Councilmember Corpron-Smith
seconded to deny the appeal on the Brier Glen III SEPA determination. There was
council discussion. There was a roll call vote and a unanimous decision carried
the Motion. Adjournment Councilmember
Gipson
moved and Councilmember McClenny
seconded to adjourn. Mayor Starks declared the meeting adjourned at 11:29 PM. Return to Minutes Directory - Click Here |