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BRIER CITY COUNCIL MINUTES

July 13, 2004



Mayor Starks called the regular Brier City Council Meeting to order at 7:35 PM and the formalities were dispensed with.

 

Roll Call:

Present:            Councilmembers Kaemingk, Corpron-Smith, Doolittle, Morgan, and McClenny. Councilmember Gipson arrived at 7:42 PM.

Absent:             Councilmember Colinas.

 

Public Requests & Oral Communications:

Howard Goldberg 21409 Poplar Way, addressed the Council regarding a fence permit that he applied for and was approved about 30 days ago. Our Building Inspector has told him, after the approval, to remove the lattice on the top. The inspector quoted BMC 17.08.060 as the regulation that he is not in compliance with and he was given the option to apply for a Variance. He would like someone to give him further clarification on this Ordinance as he feels it is not clear. He does not believe that he should have to pay for a Variance.

 

Greg Moscoso 22393 33rd Pl. W, addressed the Council regarding the motorized scooters and the boys that are riding them around blowing through stop signs and speeding. He would like it to be addressed.

 

Ed Walker 21206 Poplar Way, addressed the Council that he may like to comment on some of the other topics later in the evening.

 

Reports of Committees & City Officials:

Councilmember Corpron-Smith reported that the Park Board is busily working on the SeaScare event. They have asked for volunteers for the parade and would like the Council to participate in the parade. Park Board would like the City Council to look further into a dog off leash are in the parks.

 

Consent Agenda:

Mayor Starks opened for consideration approval of the Consent Agenda which includes Brier City Council Minutes of June 8, 2004; Brier City Council Workshop Minutes of June 15, 2004, Brier City Council Minutes of June 22, 2004, Authorize Mayor's signature on the revised contract with Hammond, Collier, Wade-Livingstone for the sidewalk projects, and authorize Mayor's signature on the interlocal agreement with Snocom. . Councilmember Gipson moved and Councilmember Corpron-Smith seconded to approve the Consent Agenda which includes Brier City Council Minutes of June 8, 2004, Brier City Council Workshop Minutes of June 15, 2004, Brier City Council Minutes of June 22, 2004, Authorize Mayor's signature on the revised contract with Hammond, Collier, Wade-Livingstone for the sidewalk projects, and authorize Mayor's signature on the interlocal agreement with Snocom. Motion Carried.

 

Unfinished Business:

Mayor Starks opened for consideration Resolution #470 for the Munnis Short Plat.

Councilmember McClenny moved and Councilmember Doolittle seconded to reconsider the previous motion regarding item D on the fire sprinkler bond. Motion Carried. Councilmember McClenny moved and Councilmember Corpron-Smith seconded to reinstate the fire sprinkler bond into the Resolution #470. Motion Carried.

 

Mr. Munnis addressed the Council and thanked them for their consideration. He has put up $25,000 assurance of funds to be held at the bank to guarantee the fire sprinkler issue. He would like the Council to clarify the issue in the Resolution and what it really is that they are asking him to do.

 

Hearings

BUSINESS LICENSE APPLICATION #BR04-052 AND CONDITIONAL USE PERMIT #CU04-002 BY DIANE MORSE AT 23631 BRIER ROAD UNIT B, KIDS KASTAWAYS.

Mayor Starks opened for consideration Business License Application #BR04-052 and Conditional Use Permit #CU04-002 by Diane Morse at 23631 Brier Road - Unit B - Kids Kastaways. Mrs. Morse spoke to the Council to explain the nature of her business. Councilmember Gipson moved and Councilmember McClenny seconded to close the hearing on Business License Application #BR04-052 and Conditional Use Permit #CU04-002 by Diane Morse at 23631 Brier Road - Unit B - Kids Kastaways. Mr. Williams spoke to the issue regarding the administration's opinion on the impact this business would have on the neighborhood. There was Council discussion. Councilmember Gipson moved and Councilmember Doolittle seconded to approve Business License Application #BR04-052 and Conditional Use permit #CU04-002 by Diane Morse at 23631 Brier Road Unit B, Kids Kastaways. Motion Carried.

 

BUSINESS LICENSE APPLICATION #BR04-030 AND CONDITIONAL USE APPLICATION #CU04-001 BY MANUEL ECO AT 21407 32ND PL W - ADULT FAMILY HOME.

Mayor Starks opened for consideration Business License Application #BR04-030 and Conditional Use Permit #CU04-001 by Manuel Eco at 21407 32nd Pl W - Adult Family Home. Mr. Eco addressed the Council regarding the nature of his business. Councilmember Gipson moved and Councilmember Kaemingk seconded to open the Public Hearing on Business License Application #BR04-030 and Conditional Use Permit #CU04-001 by Manuel Eco at 21407 32nd PL W - Adult Family Home. Motion Carried.

 

Courtney Cooper 21506 32nd Pl. W., addressed the Council stating that she is against the business and has many issues with the proposed Business License. Tessie Herrera 21602 32nd Pl. W., spoke that she is also against the family home. Brandon Gary 21601 32nd Pl. W., addressed his concerns about the location of the home at the opening of their neighborhood and would like the Council to look into this further and address the neighborhood's concerns. Greg Moscoso 22393 33rd Pl. W., asked what the issue would be if the home was located at the end of the development rather than at the beginning. Councilmember Kaemingk moved and Councilmember Gipson seconded to close the Public Hearing on Business License Application #BR04-030 and Conditional Use Permit #CU04-001 by Manuel Eco at 21407 32nd Pl. W. - Adult Family Home. Motion Carried. Mr. Williams spoke regarding the issue and what the code reads. City Attorney Tome Evans stated that the State and Federal regulations allow Adult Family Homes in a residential area as a Conditional Use and they are entitled to a permit. There was Council discussion.

Councilmember Gipson moved and Councilmember Doolittle seconded to approve Business License Application #BR04-030 and Conditional Use permit #CU04-001 by Manuel Eco at 21407 32nd Pl. W., Adult Family Home with the conditions that were recommended by the Planning Commission and add a 7th condition of no signage at the home. Councilmember McClenny moved and Councilmember Doolittle seconded to amend the initial motion to include the condition of no more than 4 vehicles parked on the street or at the home in relation to the Adult Family Home for longer than 24 hours. There was Council discussion. The amend Motion Carried. The initial Motion Carried as amended.

 

BUSINESS LICENSE APPLICATION #BR04-055 BY WAYNE MILLER AT 22926 29TH AVE W - COMMERCIAL REFRIGERATION REPAIRS.

Mayor Starks opened for consideration Business License Application #BR04-055 by Wayne Miller at 22926 29th Ave. W - Commercial Refrigeration Repairs. Mr. Miller addressed the Council regarding that only his van will be parked in the driveway and paperwork will be done in the house because all the work is done on site.

Councilmember Gipson moved and Councilmember Corpron-Smith seconded to open Business License Application #BR04-055 by Wayne Miller at 22926 29th Ave. W., - Commercial Refrigeration Repairs. James Lukehart 2943 216th St. SW asked that the Council restrict the business to the specifics of only parking the van and doing paperwork. Councilmember Gipson moved and Councilmember Doolittle seconded to close the Public Hearing Business License Application #BR04-055 by Wayne Miller at 22926 29th Ave. W., -Commercial Refrigeration Repairs. Mr. Williams addressed the Council and stated that the business meets all the conditions required by the BMC. There was Council discussion. Councilmember Corpron-Smith moved and Councilmember Kaemingk seconded to approve Business License Application #BR04-055 by Wayne Miller at 22926 29th Avenue W., Commercial Refrigeration Repairs, with the conditions A through U in the staff report. Motion Carried.

 

NEW BUSINESS, PETITIONS, COMMUNICATIONS, APPLICATION APPEALS.

Mayor Starks opened for consideration the Extension of preliminary Plat for Resolution #446 - Poplar Glen Short Plat. Ms. Lari-Anne Milosavljevic 8428 NE 203rd St. Bothell 98011, was the representative present to ask that there be a four month extension due to the City putting the plans away in a drawer and not getting them approved in a timely manner. James Lukehart 2943 216th St. SW, spoke on the behalf of the community group that is above the construction project. Ed Walker 21206 Poplar Way, spoke that he attended the SEPA hearing regarding this project and that the City had come down pretty hard on MIR regarding a previous project and he could see why they have been waiting to begin this project and follow the guidelines. Councilmember Gipson moved and Councilmember Kaemingk seconded to approve the extension for Preliminary Plat for an additional four months on Resolution #446 for Poplar Glen Short Plat. There was Council discussion. Motion Carried with Councilmember Morgan opposing due to the 120 day extension instead of a 90 day extension.

 

Mayor Starks opened for consideration the Extension of preliminary plat for Resolution #447.B - Highland Ridge Short Plat. Mark Schedler of Williams, Kastner & Gibbs was representing Sterling Homes. They have a claim with a neighboring property that has been holding them up and kept them from being able to go forward with the project and they are asking for 120-day extension. Ed Walker 21206 Poplar Way, spoke regarding extensions on plats and that we made our law match the State's for a flat five year period. Councilmember McClenny moved and Councilmember Kaemingk seconded to approve the additional four-month extension of the Preliminary Plat for Resolution #447.B - Highland Ridge Short Plat. There was Council discussion. Motion Carried with Councilmember Corpron-Smith opposing.

 

Ordinances, Resolutions, and Orders

Mayor Starks opened for consideration Review and Approval Ordinance #315 approval for authorization and execution of Local Agency Financing Lease for New City Hall.

Councilmember Gipson moved and Councilmember Doolittle seconded to approve Ordinance #315 for authorization and execution of the Local Agency Financing Lease for New City Hall. Motion Carried.

 

Miscellaneous Business by Call of Councilmembers & City Officials

Councilmember Morgan will not be here next Tuesday. Councilmember Doolittle will possibly be late next week.

 

Auditing of Accounts

Mayor Starks opened for consideration approval of the June 2004 Payroll Warrants. Councilmember Gipson moved and Councilmember McClenny seconded to approve the June 2004 Payroll Warrants No. 12046 through No. 12096 in the amount of $82,721.90. Motion Carried.

 

Mayor Starks opened for consideration approval of the June 2004 Claim Warrants.  Councilmember Kaemingk  moved and Councilmember McClenny seconded to approve the June 2004 Claim Warrants No. 16672 through No. 16732 in the amount of $156,682.85. There was Council discussion. Motion Carried.

 

Executive Session.

Mayor Starks adjourned to Executive Session at 10:20 PM for approximately 10 minutes. The Council returned at 10:40 PM.

 

Adjournment

Councilmember Doolittle moved and Councilmember Corpron-Smith seconded to adjourn. Mayor Starks declared the meeting adjourned at 10:40 PM 





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