Mayor Colinas called the regular Brier City Council Meeting to order at 7:30 PM and the flag salute was given.

Roll Call:                 

PRESENT:                                  Mayor Colinas; Councilmember Kaemingk, Krienke, Steele, Gallagher and Olson. Corpron-Smith arrived at 7:31:18 PM.

ABSENT:                                    Councilmember Nick.

STAFF:                                       Clerk-Treasurer Swisher; City Planner Gaudette.

Public Requests & Oral Communications: None

Reports of Committees & City Officials:

Councilmember Krienke attended the May 11^th Parks Board meeting.

Councilmember Steele May 11^th attended audit exit conference for RMSA via teleconference, this Thursday May 26^th she will attended the ESCA Board meeting.

Councilmember Kaemingk attended the National Day of Prayer on May 5^th, he was unable to attend the RFA finance committee meeting on May 18^th but Clerk-Treasurer Swisher attended.

Councilmember Gallagher May 11^th attended the Library Board meeting where they discussed the maintenance needs and wants that they have.

Approval of Minutes:

Mayor Colinas opened for consideration approval of the Brier City Council Minutes of May 10, 2011. Councilmember Gallagher made a MOTION to approve the Brier City Council Minutes of May 10, 2011. Councilmember Steele SECONDED. Motion Carried.

Mayor Colinas opened for consideration approval of the Brier City Council Workshop Minutes of May 17, 2011. Councilmember Olson made a MOTION to approve the Brier City Council Workshop Minutes of May 17, 2011. Councilmember Gallagher SECONDED. Motion Carried with Councilmember Corpron-Smith abstaining.

Consent Agenda:

Mayor Colinas opened for discussion the approval of the Master Annexation Interlocal Agreement with Snohomish County. Councilmember Krienke made a MOTION to approve the Master Annexation Interlocal Agreement with Snohomish County. Councilmember Olson SECONDED. Motion Carried.

Hearings:

Mayor Colinas opened the initial discussion for the public hearing on Business License #BR11-030 for Cheryl Allmon Photography, located at 3503 218^th St SW, Brier, by Cheryl Allmon. Councilmember Krienke stated that he is friends with the applicant’s husband but does not believe it will affect his judgment in this matter. No members of the public objected to his participation. City Planner Nicole Gaudette gave a brief overview of the application and recommended approval. Mayor Colinas opened the Public Hearing at 7:40:43 PM. Mayor Colinas closed the Public Hearing at 7:41:34 PM. Councilmember Kaemingk made a MOTION to approve Business License #BR11-030 for Cheryl Allmon Photography, located at 3503 218^th St SW, Brier, by Cheryl Allmon. Councilmember Olson SECONDED. Motion Carried.

Mayor Colinas opened the initial discussion for the public hearing on Conditional Use Permit #CU11-002 and Business License #BR11-040 for Merry Mutts Dog Boarding, located at 22383 33^rd Pl W, Brier, by Catherine Borton. City Planner Nicole Gaudette gave a brief overview of the application and recommended approval with conditions to address the noise and dogs getting loose from the property. Catherine Borton described her services as offering kennel free boarding facility as well as dog walking services; she started running the business in 2003. Mayor Colinas opened the Public Hearing at 7:56:42 PM.

Jenni Rodin 22385 33^rd Pl SW, she can not walk in or out of her house or her backyard without being barked at; the animals bark continuously in the backyard; she would like her house back and be able to use her yard; she has been backed onto her front porch by one of the dogs that got loose from the applicants home; she played a recording of the dogs barking at 9:00 PM one evening. There are a total of seventeen dogs on a street of eight houses.

Ann Kambarn 22396 33^rd Pl W, currently has a kennel license for up to 10 dogs and is on the same street and had to jump hoops to get it; the dogs she boards are show dogs and have been debarked; the fence needs to be replaced at the applicant’s home.

Brian Borton 22383 33^rd Pl W, wanted to clarify a few things: they have had complaints about noise and the police have come, they have attempted to correct what they perceived to be the issue and no dogs that they board have ever got loose, however their own personal dog has got loose and charged Ms. Rodin. They have attempted to contact Ms. Rodin unsuccessfully both by mail and via phone.

Jennifer Liteky 22381 32^nd Ave W, got a new puppy several years ago and is in favor of the business because Catie has helped her to train the dog and they have used the boarding business. She has had issues where her dog has got loose and gone barking down the street; the neighbors next to the Borton’s have two dogs that get loose regularly.

Scott Ray 22380 33^rd Pl W, stated that he has never seen the dogs from this business out but the next door neighbor’s dogs are loose regularly. He cannot hear the noise from across the street.

Jean Moscoso 22393 33^rd Pl W, has three concerns; quiet, security/safety that the dogs don’t get loose and no dog poop in her yard.

Mayor Colinas closed the Public Hearing at 8:12:32 PM. Councilmember Krienke made a MOTION to approve Conditional Use Permit #CU11-002 for Merry Mutts Dog Boarding, located at 22383 33^rd Pl W, Brier, by Catherine Borton. Councilmember Kaemingk SECONDED.

Councilmember Krienke stated that he believes the fence should be repaired or replaced before the business is approved.

Councilmember Olson thinks that three or more complaints would be too generous it should only be two.

Mayor Colinas had asked for the police department to look for calls related to the home and none were found during the last two years.

Councilmember Gallagher asked if businesses are inspected routinely. Planner Gaudette stated that daycares and adult family homes are and that due to the concerns of this license it is an option for conditions; Councilmember Gallaher asked had the school commented and the answer was no comments were received from the school.

Councilmember Kaemingk wanted to know what neighbors should do if this license is approved and they have an issue with the business. Planner Gaudette stated that they should contact her or Eric Beverly during business hours and call 911 after hours and on weekends.

Councilmember Steele asked if the applicant always has six dogs boarding – the answer was no; she also asked what kind of fence and how soon they would be repairing the sections that need it – the answer was it is wood and chain link and they could fix the fence as early as this weekend; how would we enforce conditions 8 & 9, this was made more stringent so that barking would be kept at a minimum; she would support that the front window be replaced because it is unnerving when a dog bounces off a window while barking at a passerby.

Councilmember Corpron-Smith had some concerns with this being a residential home that is primarily what you should see when you look at the home; if they ask for additional dogs who makes that decision – it would be a revised conditional use and would come back before the City Council; she cannot control barking when she is not at home and is already having complaints from neighbors about the noise – she would need double pane windows throughout the house not just one window and potentially need to kennel the dogs when she is not home. She is very concerned about approving this since there are already concerns by neighbors and the business has been operating in Brier for a couple of years.

Councilmember Krienke made a MOTION to amend the initial motion. Councilmember Kaemingk SECONDED. Amendments to the Motion: Item 2 - Change three complaints in one year to only two per year; Item 8 - boarded dogs will not be left unattended for more than 4 hours; Item 4 - require repair of the fence within 10 days of approval of this permit. 8:46:22 PM; Motion Carried.

Motion to approve as amended with conditions. 8:50:10 PM Motion carried with Councilmember Corpron-Smith opposed.

Councilmember Steele made a MOTION to approve Business License #BR11-040 for Merry Mutts Dog Boarding, located at 22383 33^rd Pl W, Brier, by Catherine Borton. Councilmember Krienke SECONDED. Motion Carried with Councilmember Corpron-Smith opposed.

Miscellaneous Business by Call of Councilmembers & City Officials: None

Adjournment:

Councilmember Corpron-Smith made a MOTION to adjourn. Councilmember Olson SECONDED. Motion Carried. Mayor Colinas adjourn the meeting at 8:55:48 PM.