Chairman Lavoie called the Brier Planning Commission meeting to order at 7:30 PM.

Present: Commissioners Mike Lavoie, George Neilson, Corey Friesen, Eugene Funk and Brandon Brock

Absent: Commissioner Hodgen

Mayor Kaske, Councilmember Warner, and Councilmember Starks were also in attendance. Mayor Kaske informed the Commissioners that Mr. Hodgen was in Washington D. C.

Chairman Lavoie opened for consideration approval of the September 26, 2001 Planning Commission Minutes. Commissioner Friesen moved and Commissioner Funk seconded to approve the September 26, 2001 Planning Commission Minutes. Motion Carried with Commissioner Funk abstaining as he had not been present.

COMMITTEE REPORTS: Councilmember Warner reported that the Council just finished the revised fee schedule and that they are looking at a new nuisance ordinance, a fireworks ordinance, and the 2002 Budget.

PUBLIC REQUESTS AND ORAL COMMUNICATIONS: None

Chairman Lavoie opened for consideration Variance Application #V01-004 and Conditional Use Application #CU01-002 by Ananda Church of Self Realization of Seattle, at 22006 Vine Road. Mayor Kaske suggested that they continue taking public testimony tonight and informed the Commission that, after consultation with the City Attorney, their recommendation is that they then close the hearing and start discussing for recommendations to the City Council. Mayor Kaske informed the Commission that they have received an appeal on the SEPA MDNS. Mayor Kaske stated that, after the SEPA appeal, they may decide to reopen the hearing after the appeal process is completed which could take two to four months.

Chairman Lavoie opened the Public Hearing at 7:40 PM. Katie Smith, 21700 Vine Road, stated that there is a new letter submitted dated September 27, 2001 which discusses the transparent spire. Ms. Smith suggested that they can freely practice their religious beliefs without building the spire and stated that the transparent spire does affect and look into the bedroom of a neighbor as the light goes onto his property.

Kim Smith, 21700 Vine Road, Brier, addressed the memo from the Police Chief regarding the inherent dangers presented. Mr. Smith wondered why it was not addressed in the SEPA process. Mayor Kaske informed the Commission that the Police Chief did not want to portray himself as a Civil Engineer and was careful not to act as a Traffic Engineer.

Mayor Kaske stated that the SEPA Official received a copy. Mr. Galloway, Larch Way, distributed a response to the Police Chief’s memo which addresses the issues.

Leona Starks, 22012 Vine Road, asked the date of the response and it was stated October 18^th. Mrs. Starks hoped it would address speed and site issues and stated he is the Chief of Police and they monitor issues in the City. The whole arterial issue needs to be addressed by the City and does not meet the criteria for an arterial street and the reason a church is only allowed on an arterial is for safety issues.

Ann Cavazos, 21810 Vine Road, stated the City code is very clear that if it does not meet every criterion, the permit cannot be approved and informed the commission that the building does not fit in and does not conform to the neighborhood.

Howard Goldberg, 21409 Poplar Way, read a letter that he previously submitted in which he wrote in support of the Church as they have had personal experience with the people but expressed concern over the safety on Vine Road. Mr. Goldberg stated he felt it would be better to have the church there than five houses.

Ken Smith asked why the Mayor would have censored the memo of the Police Chief.

Mayor Kaske responded he did not believe in censoring his department heads but he felt the Chief does not have the expertise like someone like a civil engineer can respond to.

Leona Starks, 22012 Vine Road, commented that the Police Chief’s memo brought up significant issues.

As there was no further public input, Commissioner Lavoie closed the Public Hearing at 8:00 PM. There was Commission discussion regarding the safety of the public on the road and the height of the cupola and blending in with the community.

Applicant representatives stated that they could give a letter that addresses the actual calculation of the building heights taking into account the average height of the building as doesn’t feel that they need a variance at all. There was continued Commission discussion with the applicants. Commissioner Lavoie recommended that they continue the issue. Commissioner Friesen moved and Commissioner Neilson seconded to continue the application to the January 23, 2002 meeting. Commissioner Neilson stated that he would like to have the City Attorney attend the November 2001 meeting for an Executive Session. Motion Carried. Mayor Kaske clarified that the City will be providing information such as arterial information prior to that time and people may attend the meetings prior to that or view the file as items are produced.

Mayor Kaske thanked the Commissioners and the residents for their patience during the highly emotional issue that has been presented.

Commissioner Friesen moved and Commissioner Funk seconded to adjourn. The meeting adjourned at 8: 41 PM.