Mayor Kaemingk called the regular Brier City Council Meeting to order at 7:00 PM.

Roll Call:

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

Staff: Clerk-Treasurer Swisher, Deputy Clerk Snowden, Building Official Beverly and City Attorney Dawn Reitan.

Public Requests & Oral Communications:

John McMasters, Brier, has concerns about the issues at the home located at 3814 237^th regarding the boarding house activities and the illegal business being run out of the home prior to the fire on April 12^th. He would like to see the city make ordinances changes that will keep it from becoming a boarding house situation again.

Larry Hinrichs, Brier, stated he has lived 35 years in Brier and has operated Brier Realty and will now be operating it from his home.

Christi Davis, Brier, seconded what John McMasters had to say as she lives across the street from the problem house. She would like to see the codes changed to eliminate the boarding house issue.

Andrew Markiel, Brier, lives across the street from the house in question, why can't codes be enforced more expediently.

Joe Larson, Brier, lives by this house with the issues as well and it has been a continuous problem. He would like the city to get the changes made to resolve these issues before the house is occupied again.

Kyle Gray, Brier, showing support for what all the other neighbors have said about the problem home and it is a big concern of his as well.

Karl Kaiyala, Brier, lives next door to the house in question and is interested in an aspect that has not been raised, this house had a business running in it that was an auto business, and his understanding is the fire was caused by this unlicensed business. He sees the unlicensed business as a very substantial code violation that he could not tell that it was being dealt with.

City Attorney Dawn Reitan addressed the concerns raised by the citizens regarding the subject property and the issues related to helping the Council to make changes to the code. This would be a zoning code amendment and require Council review and direction of the changes to the codes, going through a public hearing at Planning Commission and then back to the City Council for adoption.

Building Official Beverly was asked by Council to explain the number of violations. He stated he has been attempting to rectify them at the home in question over the past couple of years. He stated that we starting enforcement at this address in 2019 and that one of the problems we have is that the owner has changed three times and requires us to start over again each time. There is a very specific legal process that we must follow that is dictated by the State for dealing with the cars and is time consuming. We are dealing with personal property rights and cannot just enter private property to collect the evidence needed to deal with these cars.

There was Council discussion and questions asked of both the City Attorney and Building Official.

Reports of Committees & City Officials:

Councilmember Nick reviewed claim checks on May 21^st.

Councilmember Lockhart attended the parks walk-about on May 12^th.

Councilmember Rosman attended the library board on May 12^th and attend the AWC legislative wrap up on May 13^th.

Approval of Minutes:

Mayor Kaemingk opened for consideration approval of the Brier City Council Minutes of May 11, 2021. Motion: Approve the Brier City Council Minutes of May 11, 2021, Moved by Councilmember Marley, Seconded by Councilmember Krienke. Motion Carried.

Hearings:

Mayor Kaemingk began the consideration of Home Occupation Business #604513508, located at 22925 Brier Road by Larry Hinrichs for Brier Realty, Inc. Deputy Clerk Snowden gave a brief overview of the application and recommendation for approval. Mayor Kaemingk opened the Public Hearing at 7:45 PM. Mayor Kaemingk closed the Public Hearing at 7:45 PM. Motion: Approve Home Occupation Business #604513508, located at 22925 Brier Road by Larry Hinrichs for Brier Realty, Inc., Moved by Councilmember Nick, Seconded by Councilmember Lockhart. Motion Carried.

Mayor Kaemingk began the consideration of Home Occupation Business #604028306, located at 2911 Russet Rd by Crystal Connelly for Move with Crystal. Deputy Clerk Snowden gave a brief overview of the application and recommendation for approval. Councilmembers Lockhart & Rosman stated that they both have friendships with the applicant but believe they can act fairly and impartially. No public objected to their participation. The applicant gave a brief description of her business. Mayor Kaemingk opened the Public Hearing at 7:50 PM. Mayor Kaemingk closed the Public Hearing at 7:51 PM. Motion: Approve Home Occupation Business #604028306, located at 2911 Russet Rd by Crystal Connelly for Move with Crystal, Moved by Councilmember Marley, Seconded by Councilmember Lockhart. Motion Carried.

Mayor Kaemingk began the consideration of Home Occupation Business #604602328, located at 22526 Hickory Way by Tyler Morse for Brier Patch Farms, LLC. Deputy Clerk Snowden gave a brief overview of the application and recommendation for denial. The applicant Tyler Morse addressed the Council regarding the structure near the road. Councilmember Marley stated that he is within 300 feet of the applicant and feels he can be impartial. Mayor Kaemingk opened the Public Hearing at 7:57 PM.  Mayor Kaemingk closed the Public Hearing at 7:58 PM. There was Council discussion regarding the potential satellite locations in the future, the shed out front and the traffic concerns in the neighborhood. Motion: Deny the application based on the fact that it does not meet the home occupation criteria because of the satellite location issues and concerns regarding the traffic. Moved by Councilmember Krienke, Seconded by Councilmember Gallagher. Motion Carried, abstained by Councilmember Joplin.

Miscellaneous Business by Call of Councilmembers & City Officials: None.

Auditing of Accounts:

Mayor Kaemingk opened for consideration approval of the May 2021 Claims Checks. 8:36 PM Motion: Approve the May 2021 Claims Checks No. 42645 through No. 42651, Checks No. 42657 through No 42684 and EFT transactions in the amount of $32,658.79 and voided Check #42477, Moved by Councilmember Nick, Seconded by Councilmember Gallagher. Motion Carried.

Executive Session:

Mayor Kaemingk stated that Council will adjourn to Executive Session pursuant to RCW 42.30.110(1)(g) to give an update on Contract Negotiations and RCW 42.30.1100(1)(i) to discuss potential litigation for approximately an hour at 8:40 PM Motion: Recess to Executive Session for up to one hour. Moved by Councilmember Krienke, Seconded by Councilmember Marley.

Motion Carried.

Adjournment

Mayor Kaemingk declared the meeting adjourned at 9:17 PM.