Mayor Colinas called the regular Brier City Council Meeting to order at 7:01:03 PM and the flag salute was given.

Roll Call:

PRESENT:                                  Mayor Colinas; Councilmember Gallagher, Joplin, Kaemingk, Krienke, Nick and Olson.

                                                  Councilmember Steele arrived at 7:02 PM.

STAFF:                                       City Clerk-Treasurer Swisher; City Planner Gaudette.

Public Requests & Oral Communications: None.

Reports of Committees & City Officials: None.

Approval of Minutes:

Mayor Colinas opened for consideration approval of the Brier City Council Minutes of July 12, 2016. Councilmember Nick made a MOTION to approve the Brier City Council Minutes of July 12, 2016. Councilmember Gallagher SECONDED. Motion Carried.

Public Hearings:

Mayor Colinas opened the public hearing at 7:03:48 PM on Variance No. 15-01 located at 23005 27^th Ave W, submitted by Vladan Milosavljevic; to consider approval, denial or modification of the Variance.

Councilmember Gallagher recused himself from participating in this matter as he lives within 300 feet of the property.

City Planner Gaudette gave a brief overview of the variance and the information included in the packet.

Sandra Ames, Brier, has lived in Brier for 23 years; she loves the City and the family feel. She thinks approval of this variance will open us up to other similar variances. She wants to know that in the future if her neighbor sells their home that she will not end up with a huge structure like this next door to her.

Lisa Moen, Brier, community is what brought her to Brier 20 years ago and she finds the request obtrusive and asks the Council to say no to this variance. This variance is not community based and the applicant doesn’t care how it affects his neighbors.

David King, Brier, asked how 2 criteria can be met because he thought he understood that all 8 of the criteria had been recommended for denial by the Planning Commission.

Vladan Milosavljevic, Brier, claims that only one public hearing is allowed for this process and that the City just violated due process.

City Attorney Kaseguma stated he will address Mr. Milosavljevic’s concerns once the public hearing has been closed and asked that Mayor Colinas read into the record the letter from the Brier Community League; the Mayor did so.

Vladan Milosavljevic, Brier, asked to respond to the letter; he stated that State of Washington law does not deny any corporation whether they are active or not, they are just the holder of the land.

Councilmember Steele made a MOTION to close the public hearing at 7:19:17 PM. Councilmember Olson SECONDED. Motion Carried.

City Attorney Kaseguma explained the next steps in the process. He pointed out that staff provided Council with a proposed Findings of Fact, Conclusions of Law and Decision in your packet. With respect to the argument of the applicant that one public hearing is all that is allowed, the Brier Municipal Code states that you must hold a public hearing at Planning Commission and City Council. He stated that the Council has the opportunity to enter the Findings, Conclusions and Decision tonight if you wish. His recommendation was to do so.

Vladan Milosavljevic objected for the record that the City has held a second hearing.

Councilmember Krienke made a MOTION to deny Variance #15-01 and adopted the Findings of Fact, Conclusion of Law and Decision authorizing the Mayor Pro-Tem to sign and enter it into the record. Councilmember Joplin SECONDED. Motion Carried.

Miscellaneous Business by Call of Councilmembers & City Officials

Councilmember Steele mentioned that she was late to the meeting because she watched fifteen cars pass by as she sat at the top of 216^th and Poplar Way.

Councilmember Nick stated that there is a neat thing going on that is talked about on the Brier Community page called Brier Rocks, people are painting rocks and hiding them all around the City for others to find. He asked about the activity at the Dittmar property. Mayor Colinas explained it is a short plat that has begun construction.

Adjournment

Mayor Colinas declared the meeting adjourned at 7:28:21 PM.