Mayor Kaemingk called the regular Brier City Council Meeting to order at 7:02 PM and the flag salute was given.

Roll Call:

Present: Mayor Kaemingk, Councilmember Gallagher, Krienke, Lockhart, Marley, Nick and Rosman.

Staff: Clerk-Treasurer Swisher and Planner Flathman.

Absent: Councilmember Joplin.

Public Requests & Oral Communications: None.

Reports of Committees & City Officials:

Mayor Kaemingk opened the South County Fire District Annual Report Presentation by Chief Hovis present on the meeting with him were Commissioner Teofilak and Leslie Hynes Public Information Officer for the Fire District.

Councilmember Gallagher attended the Planning Commission meeting on September 16th.

Councilmember Nick attended the orientation meeting with newly appointed Councilmember Lockhart on September 15^th, attend the audit entrance meeting on September 16^th and reviewed claim checks on September 21^st.

Councilmember Rosman attended the audit entrance meeting on September 16^th.

Councilmember Marley attended the audit entrance meeting on September 16^th.

Approval of Minutes:

Mayor Kaemingk opened for consideration approval of the Brier City Council Minutes of September 8, 2020. Motion: Approve the Brier City Council Minutes of September 8, 2020. Moved by Councilmember Gallagher, Seconded by Councilmember Nick. Motion Carried.

Consent Agenda:

Mayor Kaemingk opened for consideration approval the Agreement for Prosecution Services with Darrel Johnson for the term of January 1, 2021 through December 31, 2023. Motion: Approve the Agreement for Prosecution Services with Darrel Johnson for the term of January 1, 2021 through December 31, 2023. Moved by Councilmember Gallagher, Seconded by Councilmember Marley. Motion Carried.

Hearings:

Mayor Kaemingk opened consideration of Home Occupation BR20-023, located at 2640 232^nd St SW by Tegest Akalu for 1^st Brier Senior & Adult Care Home. Planner Flathman gave a brief overview of the application. The applicant, Tegest Akalu gave some history of her background and details of her Adult Care Home. Mayor Kaemingk opened the Public Hearing at 7:37 PM.

Clerk-Treasurer Swisher read into the record four comments received after the packet had been sent out. They were from the applicant Tegest Akalu, from neighbors He Sook, Brenda Veneable and separate comment listed as from Tony & Brenda Veneable.

John Ficker, Executive Director of the Adult Family Home Council commented that by RCW the City cannot deny the Adult Family Home and recommended that we change our code to not include a public hearing on them moving forward as he believes it is a violation of the RCW and the Federal American with Disabilities Act. He also provided that the appropriate agencies to address concerns related to this home would be the Department of Social and Health Services.

Natalie Steck, Brier, stated she is against this application and believes that it will change the residential feel of their neighborhood, she's concerned that the paperwork states that the residents will have mental disabilities not be elderly and that this could cause issues for the neighbors and their safety.

City Attorney, Dawn Reitan, explained how the State law preempts the City from denying an Adult Family Home and limits any conditions that can be imposed.

John Kaplan, Brier, stated that just as the applicant has rights so do they as neighbors have rights. He asked that there are stipulations around this so that it protects the neighbors and the neighborhood. He asked that the City please do whatever they can to protect the neighbors from this business becoming a nuisance.

City Attorney, Dawn Reitan, explained that no conditions can be added to this home that would not be added to any other residential home because State law states we cannot treat them differently from any other residence.

Scott Isaacson, Brier, stated he doesn't know what is anticipated for the number of residents that will be housed at this location and whether they will be elderly, mentally disabled or what and if there are background checks being done on the residents that will be coming into the home. He asked about if there will be local presence to address issues with the residents if they become an issue.

Jonathan Steck, Brier, asked about the code section that states a visual buffer will be made between their home and this residence and how that will occur.

Tony Veneable, Brier, he would like to encourage the Council to really look at the comments that have been submitted and consider how this will affect the neighbors and take that into consideration.

Mayor Kaemingk closed the Public Hearing at 8:08 PM. There was Council discussion. Motion: Approve the application of Home Occupation BR20-023 for 1^st Brier Senior & Adult Care Home, located at 2640 232^nd St. SW. Moved by Councilmember Marley, Seconded by Councilmember Krienke, Motion Carried.

New Business, Petitions, Communications, Application Appeals:

Mayor Kaemingk opened for consideration approval of the appointment of Nick Tastad to the Planning Commission, Position No. 3 with a term set to expire July 31, 2021. Motion: Approve the appointment of Nick Tastad to the Planning Commission, Position No. 3 with a term set to expire July 31, 2021. Moved by Councilmember Nick, Seconded by Councilmember Marley.

Motion Carried.

Mayor Kaemingk opened for consideration approval of the appointment of Nick Lenning to the Planning Commission, Position No. 2 with a term set to expire July 31, 2021. Motion: Approve the appointment of Nick Lenning to the Planning Commission, Position No. 2 with a term set to expire July 31, 2021. Moved by Councilmember Gallagher, Seconded by Councilmember Nick. Motion Carried.

Mayor Kaemingk opened for consideration approval of Conditional Use Permit CU20-01, located at 3609 214^th St SW by Ed McClenny for a Secondary Dwelling Unit. Councilmember Krienke stated for appearance of fairness that he and his wife are friends with the McClennys. There were no objections to his participation. Planner Flathman gave an overview of the application. Applicant Ed McClenny discussed briefly his application and stated he believes it will have almost no impact on his neighbors. Motion: Approve Conditional Use Permit CU20-01, located at 3609 214^th St SW by Ed McClenny for a Secondary Dwelling Unit. Moved by Councilmember Gallagher, Seconded by Councilmember Marley. Motion Carried.

Miscellaneous Business by Call of Councilmembers & City Officials:

Councilmember Gallagher asked if we would be holding the next workshop meeting.

Councilmember Krienke asked about the extended closing of 214^th Street.

Councilmember Nick assigned Councilmember Lockhart Parks Board, Councilmember Rosman to the Library Board and Councilmember Marley to the Public Works Board.

Auditing of Accounts:

Mayor Kaemingk opened for consideration approval of the September 2020 Claim Checks. Motion: Approve the September 2020 Claim Checks No. 41967 through No. 42002 and EFT transactions in the amount of $78,063.50. Moved by Councilmember Nick, Seconded by Councilmember Gallagher. Motion Carried.

The meeting was recessed for 3 minutes at 8:39 PM.

OPMA & PRA Training with City Attorney Dawn Reitan:

City Attorney Dawn Reitan gave a training regarding the Open Public Meetings Act and the Public Records Act.

Executive Session Pursuant to RCW 42.30.110(i) to discuss Potential Litigation Liability:

Mayor Kaemingk stated that we will recess into executive session for approximately one hour and adjourn at the end as there is no business to be conducted or voted on afterwards. 9:19 PM Motion: Approved moving into executive session for no longer than one hour. Moved by Councilmember Nick, Seconded by Councilmember Gallagher. Motion Carried.