Chairman Lavoie called the Brier Planning Commission meeting to order at 7:02 PM.

ROLL CALL:

Present: Commissioners Michael Lavoie, Gene Funk, Brandon Brock, Sue Wahlgren, David Marley, Jim Hodgen. Allyn Chrisman arrived at 7:04 PM.

APPROVAL OF MINUTES:

Chairman Lavoie opened for consideration approval of the August 18, 2004 Planning Commission minutes. Commissioner Marley pointed out that the motion to hear New Business before Old Business was, seconded by Commissioner Wahlgren.

Commissioner Wahlgren moved and Commissioner Marley seconded to approve the August 15, 2004 Planning Commission minutes as corrected. Motion Carried. Commissioners' Brock, Funk and Hodgen abstaining.

COMMITTEE REPORTS:

Councilmember Doolittle gave a general update on the development of the new City Hall, and the sidewalks at the Elementary School.

PUBLIC REQUESTS AND ORAL COMMUNICATIONS:

Mr. Ed Walker - 21206 Poplar Way - stated that at the last Planning Commission meeting during Public Requests and Oral Communications he had asked the Planning Commission about a workshop that was not advertised in January 2004. He stated the Commissioners stated that the meeting lasted about five minutes and it was regarding ESCA. Mr. Walker stated that the meeting actually lasted for 37 minutes after the Planning Commission meeting was adjourned. Mr. Walker asked Commissioner Lavoie and Commissioner Hodgen if they have received letters for reappointment yet. They both answered that yes they have received letters of reappointment and it is pending before the City Council.

OLD BUSINESS – PUBLIC HEARING:

SHORT PLAT APPLICATION BY GRACE MOORE/ED WALKER #SP03-002 CREEKSIDE, AT 21206 POPLAR WAY.

Chairman Lavoie opened for discussion Shortplat #SP03-002, Creekside at 21206 Poplar Way.

Mr. Walker reported he has not given any paper work to Albert Williams, but he said that he brought the drawings with him to hand out to the Planning Commission tonight. Mr. Walker stated that at the August 18, 2004 Planning Commission meeting a comment was made that the Planning Commissioners did not have any plat maps that have been requested by the Planning Commissioners with the changes on them. Mr. Walker stated that he handed out maps at the March 17, 2004 meeting. Chairman Lavoie stated that what the Commissioners were trying to accomplish at the last meeting is that Mr. Walker was going to have information that he was going to request of City Council and the Planning Commission was going to continue to the October meeting. Mr. Walker state he was not going to be available at the October meeting. Chairman Lavoie stated that what he wanted was a set of prints that Mr. Walker was going to be working with, with the roads and easements. The Commissioners stated to Mr. Walker that he needed to hand the plat maps into the City and then the paper work will be given to the Commissioners in their packets. Commissioner Hodgen stated that there were a number of deficiencies with the maps as to what was required by staff and that is why a resubmission was requested. Mr. Walker stated that these maps were requested by Commissioners Brock and Wahlgren, he stated that is why he brought these in March. Mr. Walker stated that "the only difference and these were the things, the easement changes, and the other things that were talked about". Commissioner Hodgen stated that Mr. Walker challenged 3 Commissioners in appearance of fairness and that City Attorney Tom Evans wrote a letter denying the challenge as without grounds. Mr. Walker stated "that Tom Evans is the City Attorney and he works for Mayor Starks and he is not a judge and he still has to make the challenge and the challenge is based on the final decision made on March 17, 2004". Mr. Walker stated he brought the changes to the Planning Commission rather than Administration because he has to take a legal stand because Administration is going to force him into court. She he stated he has to stand on what is submitted already. Mr. Walker asked the Planning Commission to pass his subdivision on to City Council.

Commissioner Hodgen moved to recommend to the Brier City Council denial of Shortplat #SP03-002 Creekside, by Moore/Walker for non-compliance with recommendations of City Staff and failure to provide requested documentation and to deny the setback Variance attached to the Shortplat. Motion failed due to lack of a second. Commissioner Marley moved and Commissioner Wahlgren seconded to continue the hearing on Short Plat Application by Grace Moore/Ed Walker #SP03-002 Creekside, at 21206 Poplar Way, to the November 17, 2004 Planning Commission meeting. Motion Carried, with Commissioners Marley, Wahlgren, Funk, Chrisman, and Brock voting yes and Commissioner Hodgen voting no and Commissioner Lavoie abstaining.

NEW BUSINESS – PUBLIC HEARINGS:

LOT LINE ADJUSTMENT #LL04-01 AT 2805 216^TH ST SW BY DOUGLAS SIMPSON

Chairman Lavoie opened for consideration Lot Line Adjustment #LL04-01 at 2805 215^th St. SW by Douglas Simpson.

Chairman Lavoie stated he lives within 300 feet of the application. Mr. Simpson stated he does not object. Commissioner Brock stated he lives a little over 300 feet of the application. Mr. Simpson explained his lot line adjustment application to the Planning Commission. There was discussion.

Chairman Lavoie opened the Public Hearing for Lot Line Adjustment #LL04-01 at 2805 215^th ST. SW by Douglas Simpson at 7:43 PM.

Lynn Yates - 21521 Poplar Way - Ms. Yates spoke on the reasoning of the Lot Line Adjustment, stated she did not receive a notice regarding the Public Hearing.

Tom Miller - 21501 Poplar Way - stated he is the neighbor to the north of 2805 216^th St. SW, and that he had not received a notice regarding the Public Hearing.

Chairman Lavoie closed the Public Hearing for the Lot Line Adjustment #LL04-01 at 2805 216^th ST. SW by Douglas Simpson. 7:47 PM.

Commissioner Wahlgren moved and Commissioner Funk seconded to continue the Public Hearing on Lot Line Adjustment #LL04-01 at 2805 216^th ST. SW by Douglas Simpson to the October 20, 2004 Planning Commission meeting, with the applicant to turn in to the Director of Public Works Mr. Albert Williams a letter from Ms. Lynn Yates agreeing to the Lot Line Adjustment, to resolve the 11 foot discrepancy, bring in written documentation showing the original Conditional Use Application #CU02-001 conditions were satisfied. Motion carried.

CONDITIONAL USE APPLICATION #CU04-003 BY HOWARD GOLDBERG AND MARCIA DAVID AT 21409 POPLAR WAY.

Chairman Lavoie opened for consideration Conditional Use Application #CU04-003 for public hearing at 7:56 PM. There were no comments. Commissioner Brock stated he lives within 300 feet of the Applicant and will recuse himself. Commissioner Lavoie stated he also lives within 300 feet of the Applicant and will recuse himself. Chairman Lavoie requested a motion to continue the Public Hearing.

Commissioner Wahlgren moved and Commissioner Chrisman seconded to continue Conditional Use Application #CU04-003 by Howard Goldberg and Marcia David at 21409 Poplar Way, to the November 17, 2004 per their letter that states they will not be available for the October meeting. Motion Carried.

BUSINESS LICENSE APPLICATION #BR04-072 BY KRKIC MILENA FOR SERENDIPITY, SERBIAN BAR/RESTAURANT AND GRILL AT 23631 BRIER ROAD #A

Chairman Lavoie opened for consideration Business License Application #BR04-072 by Krkic Milena for Serendipity, a Serbian Bar/restaurant and grill at 23631 Brier Road. Mr. Milena gave a brief explanation of his application. He stated he would like to change the name of the restaurant and the menu. He would like to bring a taste from Europe and some from America, and he has had a long experience in this type of business. Mr. Milena stated he has no intention to change neither the building nor the license for beer and wine and that it would remain the same. His hours will remain the same also. He stated he would be changing the inside decor. Mr. Milena explained the name of the restaurant is a Company name and he would like to open another restaurant somewhere else. Chairman Lavoie opened the Public Hearing at 8:01 PM.

Chuck Perry - 23026 Brier road - state he would like to know more about the bar aspect of the restaurant.

Michelle Rohter - 23930 Brier Road - asked if the liquor license was going to change and what hours the restaurant will be open and wanted to know why the name has the word bar in it.

John Dennon - 23726 Brier Road - stated that he wanted to make sure that the place will still be a restaurant and not be any kind of bar or lounge and still serve just beer or wine.

Vladan Milosavljevic - 23423 Brier Road - stated he supports the Business.

Chairman Lavoie closed the Public hearing at 8:06 PM.

Commissioner Marley moved and Commissioner Brock seconded to recommend approval to the Brier City Council of Business License Application #BR04-072 by Krkic Milena for Serendipity, Serbian Bar/Restaurant and grill at 23631 Brier Road #! And that the hours of being open are 8:00 AM to 10:00 PM. Motion Carried.

Chairman Lavoie recessed the meeting for a 3 - minute recess at 8:08 PM, Chairman Lavoie brought the meeting back to order at 8:11 PM.

BRIER GLENN III, SUBDIVISION APPLICATION #SUB01-01, BY MIR ENTERPRISES, LLC, VLADAN MILISAVLJEVIC LOCATED AT 214^TH AND 34^TH AVENUE W, AND VARIANCE #01-005.

Because of technical difficulties at the March 2004 meeting this Subdivision is before the Planning Commission. In attendance are Vladan and Larianne Milosavljevic, Mir Enterprises, LLC.

Chairman Lavoie opened the Public Hearing at 8:12 PM.

Fred Price - 3408 214^th ST. SW, stated he is not in favor of putting the stream in a pipe. He said that he thinks it is counterproductive to what brier is all about.

There were no other comments. Chairman Lavoie closed the Public Hearing at 8:13 PM. There was discussion.

Commissioner Marley moved and Commissioner Hodgen seconded to recommend approval of Brier Glenn III, Subdivision Application #SUB01-01, by MIR Enterprises, LLC, Vladan Milosavljevic located at 214^th and 34^th Avenue W, and Variance #V01-005 to the Brier City Council, with the following conditions:

1.                  Include all City Correspondence and Resolution #476.

2.                  Incorporate the suggestions in the December 11, 2001 letter from the City Engineer, and correct Item #9 and Item #5 under "Drainage Plan", from the February 3, 2004 City Engineer letter. They are to read the same, "setting the vault 20 feet from the edge of the vault to the building envelope".

3.                  To install the fence as soon as the wall is installed on the East Side of the access road.

4.                  To tight line the 18-inch drainage line from Timbervale to the second existing #2 catch basin.

5.                  Applicant agrees to use the latest 2001 DOE drainage manual.

Motion Carried, with Commissioner Chrisman abstaining.

Mayor Starks explained that the Subdivision was allowed to continue on under the previous regulations, the 1992 Drainage Manual, because of the time it was applied for and other circumstances that were discussed.

Commissioner Wahlgren moved and Commissioner Funk seconded to rescind the previous motion. Carried.

Commissioner Marley moved and Commissione Brock seconded to recommend approval of Brier Glen III, Subdivision Application #SUB01-01, by MIR Enterprises< LLC, Vladan Milosavljevic located at 214^th and 34^th Avenue W, and Variance #V01-005 to the Brier City Council, with the following conditions:

1.                  Include all City Correspondence and Resolution #476.

2.                  Incorporate the suggestions in the December 11, 2001 letter from the City Engineer, and correct Item #9 and Item #5 under "Drainage Plan", from the February 3, 2004 City Engineer letter. They are to read the same, "setting the vault 20 feet from the edge of the vault to the building envelope".

3.                  To install the fence as soon as the wall is installed on the East Side of the access road.

4.                  To tight line the 18-inch drainage line from Timbervale to the second existing #2 catch basin.

Motion Carried with Commissioner Hodgen voting no and Commissioner Chrisman abstaining.

SHORTPLAT APPLICATION #SP02-01 BY ESMAEEL JAHED AT 24023 BRIER WAY.

Chairman Lavoie opened for consideration the Public Hearing for Shortplat Application #SP02-01 by Esmaeel Jahed at 24023 Brier Way at 8:27 PM.

A letter was received from Ms. Evelyn Jahed stating they will be unable to attend the September 15, 2004 Planning Commission meeting and requested that this hearing be continued to the October 20, 2004 meeting.

Commissioner Brock moved and Commissioner Wahlgren seconded to continue the Public Hearing on Shortplat Application #SP02-01 by Esmaeel Jahed at 24023 Brier Way to the October 20, 2004 Planning Commission meeting. Motion carried.

MISCELLANEOUS BUSINESS:

Chairman Lavoie asked for a copy of the January 2004 tape. Commissioner Wahlgren asked about the status of Title 17 Ordinance recommendations. Chairman Lavoie asked about the re-appointment of himself and Mr. Hodgen. Mayor Starks stated he will check into it.

ADJOURNMENT:

Commissioner Brock moved and Commissioner Wahlgren seconded to adjourn. Motion Carried and the meeting adjourned at 8:49 PM.