Mayor Starks called the regular Brier City Council Meeting to order at 7:32 PM and the flag salute was given.

Roll Call:

Present:            Councilmembers Colinas, McClenny, Kaemingk, Gipson, Corpron-Smith, and Morgan. Councilmember Doolittle arrived at 7:37pm.

Absent:            

Public Requests & Oral Communications:

James Lukehart-2943 216^th St. SW-spoke to the Council regarding a letter he received from MIR Enterprises LLC, regarding a new fence dividing the two properties and Mr. Lukehart’s drainage.

Lari-anne Milosavljevic-would like to know why the release of bonds was not put on the agenda for tonight. Mayor Starks recommended that she talk to Mr. Sweum, Community Development Director, about the matter.

Ed Walker-21206 Poplar Way-stated that he submitted a public request October 4, 2005 to look at the McClenny subdivision file and it took a week for the City to respond. He would like the Mayor to extend the appeal period since he has not reviewed the material as of today’s date.

Anne Cavazos-21810 Vine Rd.-asked the Council if there is a reason why an extension cannot be granted for Mr. Walker’s request.

Vladan Milosavljevic-23423 Brier Rd.-would like to know how many letters the council has received from MIR Enterprises LLC, in the last two weeks. The Mayor answered that two letters had been delivered.

Fred Price-3408 214^th St. SW-agrees with Mr. Walker that an extension should be granted for the McClenny Subdivision appeal period.

Mayor will consider a week to 10 days about extending SEPA comment period.

Reports of Committees & City Officials:

Chief Don Lane says that the radar trailer is working.

Paul Sweum reported that the new face is on the City Library, boards are up.

Approval of Minutes:

Mayor Starks opened for consideration approval of the Brier City Council Workshop Minutes of October 4, 2005. Councilmember McClenny moved and Councilmember Kaemingk seconded to approve the Brier City Council Workshop Minutes of October 4, 2005 with noted corrections. Councilmembers Doolittle and Morgan abstained. Motion Carried.

Mayor Starks opened for consideration approval of the Brier City Council Minutes of October 4, 2005. Councilmember McClenny moved and Councilmember Kaemingk seconded to approve the Brier City Council Minutes of October 4, 2005 with noted corrections. Councilmembers Doolittle and Morgan abstained. Motion Carried.

Consent Agenda:

Mayor Starks opened for consideration approval of the Consent Agenda, which includes Brier City Council Minutes of September 27, 2005. Councilmember Gipson moved and Councilmember Morgan seconded to approve the Consent Agenda, which includes Brier City Council Minutes of September 27, 2005 with Councilmembers Doolittle and McClenny abstaining. Motion Carried.

Unfinished Business:

Mayor Starks opened for consideration the continuation of preliminary plat hearing on Brier Glen III-Resolution No. 476 Subdivision #01-001 and Variance #V01-005, By MIR Enterprises, LLC @ 214^th and 34^th Avenue W, by Vladan Milosavljevic. Councilmember Kaemingk excused himself due to being an adjacent property owner. There was council discussion. Lari-Ann Milosavljevic noted that the Army Corps of Engineers will be receiving requested information on Thursday October 13, 2005. Councilmember Colinas moved and Councilmember Corpron-Smith seconded to continue the preliminary plat hearing on Brier Glen III-Resolution No. 476 Subdivision #01-001 and Variance #V01-005, By MIR Enterprises, LLC @ 214^th and 34^th Avenue W, by Vladan Milosavljevic to the next date certain of October 25^th, 2005. Motion Carried.

Hearings:

Mayor Starks opened the Public Hearing on the Poplar Glen Stop Work Order set by City Council. Lari-anne Milosavljevic addressed the council and requested that the Mayor step down from the hearing due to his involvement with the Stop Work order. Two appearances of fairness grounds were stated. The first ground is that the Stop Work Order should be considered only by the City Council. The second ground is that the decision may have been made by the Mayor. City Attorney, Tom Evans told the Council that the Mayor does not need to step down and explained the appeal procedure. Paul Sweum, Community Development Director, spoke on behalf of the City. Mr. Sweum stated that MIR Enterprises, LLC was in clear violation of the Tree Preservation Plan and Resolution No. 446, section “Y.”. He clarified that upon discovering that trees had been cut down in the clearing area referred to in the subdivision plans; city staff issued a Stop Work order for the Poplar Glen plat on August 16, 2005. On August 18, 2005 the Stop Work order was lifted and revised to apply only to the buffer area. Mr. Sweum made the following staff recommendation; 1) Stop Work order be sustained, 2) Applicant propose a solution for staff review, 3) Final plat not be granted without first resolving the above issues, 4) City Attorney draft appropriate findings of fact and conclusions of law following the hearing. The Council then questioned Paul Sweum. There was Council discussion. The Respondent, MIR Enterprises, LLC presented the Council with a 12 lot map 3.0-7 dated April 2003, signed by Wayne Kaske, and then questioned the City. Mr. Milosavljevic stated that he submitted a letter August 17, 2005 proposing a resolution, but received no response from the City of Brier. The City stated that they have never seen the letter in question, dated August 17, 2005. The City called on a citizen witness to testify. James Lukehart-2943 216^th St SW, Brier, testified that he saw Mr. Milosavljevic uprooting several trees and called the City of Brier to notify them of what was taking place. Council then questioned Mr. Lukehart. The applicant, MIR Enterprises, LLC then questioned Mr. Lukehart. There was council discussion. Council adjourned for a 5 minute break at 10:05pm. Council resumed at 10:17pm. Ed Walker-21206 Poplar Way- stated his opinion that he feels the Mayor should step down. Mr. Walker gave the council his opinion of the Stop Work order. The applicant, MIR Enterprises, LLC was then given an opportunity to speak on the Stop Work order. Mr. Milosavljevic stated that a Stop Work order was placed Aug 16^th, 2005 on the Poplar Glen Plat and on August 18^th, 2005 the first Stop Work order was removed and a new one was issued for the buffer area. He feels that this action was inappropriate, because he will not be able to clean debris and place a fence without entering the buffer. Lari-anne Milosavljevic spoke to the Council regarding a solution, such as planting new trees. He stated that he would like to see the City of Brier immediately remove Stop Work order from August 18, 2005. There was discussion between the Council and Applicant. Mr. Milosavljevic proposed a plan of mitigation before the Council. The Mayor told Mr. Milosavljevic that he would have to submit the plan to the City Administration for approval, and that the only issue before the Council tonight is to lift or sustain the Stop Work order from August 18, 2005. MIR Enterprises, LLC was questioned by the council. Councilmember McClenny moved and Councilmember Colinas seconded to extend the meeting to 11:30pm. Councilmember Morgan moved and Councilmember Corpron-Smith seconded to close the Public Hearing at 11:39pm. There was council discussion. Councilmember Colinas moved and Councilmember Morgan seconded to approve to sustain Stop Work order of August 18, 2005 to the next date certain of October 25, 2005.Councilmember Colinas moved and Councilmember Morgan seconded to amended the motion to include that the Council uphold the Stop Work order, directing the City Attorney to draft findings of fact and conclusions of law for the Council to review and approve at the next date certain of October 25, 2005. Motion Carried.

Councilmember Gipson moved and Councilmember Morgan seconded to extend the meeting to 12:00am. Motion Carried.

Councilmember Doolittle excused herself at 11:42pm.

Mr. Milosavlevic asked when he will be getting a draft of the findings that is to be produced by the City Attorney, Tom Evans. Tom Evans said he would start working on it as soon as possible. Mr. Evans also told the Council the applicant has 22 days from final Council action in which to petition the court if the applicant is dissatisfied with the final decision.

Miscellaneous Business by Call of Councilmembers & City Officials

Mayor Starks and Clerk Treasurer, Mike Bailey, introduced Caro Austin from AccountTemps, who will be filling in for the Office Assistant while on Maternity Leave.

Auditing of Accounts

Mayor Starks opened for consideration approval of the September 2005 Payroll Warrants. Councilmember Morgan moved and Councilmember Gipson seconded to approve the September 2005 Payroll Warrants No. 12885 through No. 12937 in the amount of $80,031.31. Motion Carried.

Mayor Starks opened for consideration approval of the September 2005 Claim Warrants.  Councilmember Morgan moved and Councilmember Gipson seconded to approve the September 2005 Claim Warrants No. 17671 through No. 17725 in the amount of $307,614.62. There was Council discussion. Motion Carried.

Adjournment

Councilmember McClenny moved and Councilmember Morgan seconded to adjourn. Mayor Starks declared the meeting adjourned at 11:50PM.