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 Colinas, McClenny, Kaemingk, Gipson, Corpron-Smith, Morgan. Councilmember Doolittle arrived at 7:42.

Public Requests & Oral Communications:

Ed Walker-21206 Poplar Way – Would like to speak on the matter of 8B on the agenda.

Lari-Anne Milosavljevic- – Requested to factually quote any City ordinances of why building permits cannot be obtained on any property that they own. Poplar Glen is not a finalized plat, but consists of two tax lots, therefore allowing two building permits. Requested that the right-of-way bond removal for Poplar Glen be put on the agenda.

James Lukehart-2943 216^th St SW – stated that MIR needs to be held accountable for development issues. Mr. Lukehart said that MIR did not follow through with their commitment. He asked that the council go and look at the property.

Lari-Anne Milosavljevic – stated that the tree preservation plan for Poplar Glen has no trees around Mr. Lukehart’s property line prior to current situation. She said that two weeks ago, a mitigation plan was submitted to the City, but there was no action until council voted tonight. Ms. Milosavljevic stated that the City of Brier refuses to work with MIR until after the vote on the findings of fact.

Scott Warner-3650 219^th Ave SW– stated that he was appalled at the mitigation discussion. He referenced the grading and clearing ordinance in penalty section that states the penalty be four times the assessed value per square foot of any land that is disturbed that was not supposed to be disturbed. Mr. Warner asked that the maximum penalty be assessed when mitigation becomes a topic.

Ed Walker-21206 Poplar Way –stated that the language in the concomitant agreement is very specific in regards to mitigation. He said that the clearing ordinance in Title 18 will find that subdivisions with a plan are exempt from the clearing ordinance. Mr. Walker reiterated that there were two tree preservation ordinances, one in 1996 and one in 1999.

Patrick Fell – MIR Counsel – stated that Mr. Milosavljevic was grandfathered in in 1998, and it is key to look at resolution in section 2, as it trumps conflicting ordinances. He stated that provision Y deals specifically with mitigation issue.

Approval of Minutes:

Mayor Starks opened for consideration approval of the Brier City Council Workshop Minutes of October 18, 2005. Councilmember Colinas moved and Councilmember Corpron-Smith seconded to approve the Brier City Council Minutes of October 18, 2005. Motion Carried.

Consent Agenda:

Mayor Starks opened for consideration approval of the Consent Agenda, which includes Brier City Council Minutes of October 11, 2005. Councilmember Colinas moved and Councilmember Doolittle seconded to approve the Consent Agenda, which includes Brier City Council Minutes of October 11, 2005. 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. Councilmember Colinas moved and Councilmember Corpron-Smith seconded to continue until November 8^th. Motion Carried.

Mayor Starks opened for consideration the approval of findings of fact, conclusions of law and decision of the City of Brier City Council on appeal for stop work order for Poplar Glen. There was council discussion. Four typographical/grammatical errors were found that need to be corrected in findings of fact. Page 1, item 1(Mr. And Mrs. Correct); Page 4 paragraph 2 item 1 pre preservation plan (tree); #1 MIR Enterprises, LLC (MIR) with subtraction of personal reference following a backslash, Page 8 item #3 line 6 singing (signing). There was agreement between the council and MIR about the use of the tree preservation plan map dated July 6, 1999.  Councilmember Colinas moved and Councilmember Corpron-Smith seconded to approve findings of fact, conclusions of law in the matter of upholding the appeal for stop work order for MIR Poplar Glen. Motion Carried.

Councilmember Corpron-Smith excused herself at 8:35 PM at a point of personal privilege.

New Business:

Mayor Starks opened for consideration the approval of contract with Prothman Company for Dennis Lovelett as interim building official. Councilmember Colinas moved and Councilmember Morgan seconded to approve the Prothman contract for Mr. Lovelett. Motion Carried.

Hearings:

Mayor Starks opened for public hearing on Variance Application #V05-033 by Larry and Cheryl Carter, located at 2130 227^th Pl SW, Brier. Mayor Starks opened the hearing at 9:05 PM. There was no public comment. Councilmember Gipson moved and Councilmember McClenny seconded to close the hearing. Motion Carried.

Councilmember McClenny moved and Councilmember Doolittle seconded to approve Variance #V05-033. Motion Carried.

Councilmember Colinas excused himself at 9:06 PM at a point of personal privilege.

Mayor Starks opened for consideration to set date of November 8, 2005 for Public Hearing on revenue sources for 2006, including consideration of property tax revenues. Councilmember Morgan moved and Councilmember Doolittle seconded to set the date of November 8^th, 2005 for the Public Hearing on revenue sources for 2006. Motion Carried.

Mayor Starks opened for consideration to set date of November 22, 2005 for Public Hearing on the 2006 proposed final budget. City Treasurer Mike Bailey offered to resubmit budget with corrections before consideration. Councilmember McClenny moved and Councilmember Morgan seconded to set November 22, 2005 for public hearing. Motion Carried.

Miscellaneous Business by Call of Councilmembers & City Officials

Mayor Starks – stated that Vine Road is currently blocked off by Brier Police until further notice due to an area incident. Please use an alternate route.

Adjournment

Councilmember McClenny moved and Councilmember Morgan seconded to adjourn. Mayor Starks declared the meeting adjourned at 9:15 PM.