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HomeMy WebLinkAbout09-11-2006 - MinutesMEDINA CITY COUNCIL REGULAR MEETING MINUTES September 11, 2006 7:00 pm CALL TO ORDER Medina City Hall 501 Evergreen Point Road Miles Adam called the September 11, 2006 Medina City Council Regular Meeting to order at 7:04 pm. ROLL CALL Councilmembers Present: Miles Adam, Lucius Biglow (via telephone), Drew Blazey (via telephone), James Lawrence, Katie Phelps, Robert Rudolph and Pete Vall-Spinosa City Staff Present: Wayne Tanaka, City Attorney, Ogden Murphy Wallace; Joseph Gellings, Director of Development Services; Joe Willis, Director of Public Works; and Rachel Baker, City Clerk MEETING AGENDA Mayor declared a moment of silence in memory of events that occurred on September 11, 2001. Mayor announced the agenda reordered as follows: St Thomas public hearing, other business items, and remaining public hearing items. He stated an executive session would be held following completion of agenda items to discuss legal issue. ANNOUNCEMENTS Mayo (7:07 pm) Mayor asserted the joint position paper developed by the Points communities regarding the SR 520 draft environmental impact statement, was distributed to eastside SR 520 executive committee members. CONSENT AGENDA Willis verified Item IV Compensation, on page two of Architectural Services Agreement should identify figure of $93,210 rather than $55,488 as indicated. MOTION LAWRENCE AND SECOND RUDOLPH TO APPROVE CONSENT AGENDA ITEMS: • August 14, 2006 City Council Regular Meeting Minutes • August Check/Finance Officer's Report • Authorization for City Manager to Enter Into Agreement for Architectural Services, as amended MOTION PASSED 7-0 AT 7:13 PM. REPORTS Police Department (7:14 pm) Chief Chen was unavailable to expand on department report; he was attending the Hunts Point City Council meeting. Development Services (7:14 pm) Council posed no questions to Gellings regarding the monthly report. Public Works Department (7:15 pm) Willis responded to councilmember inquiry regarding Medina Beach Park, stating the city has been working with the Washington State Department of Fish and Wildlife to receive an extension to the construction window, but has not yet received a response. Willis confirmed a dog watering station would be installed at the west dog ramp in Medina Park. City Manager (7:16 pm) Schulze was unavailable to comment on monthly report; he was attending city manager conference. PUBLIC HEARING St. Thomas Church & School Special Use Permit and Variances (7:17 pm) Adam explained hearing process and procedure and declared that appearances of fairness disclosed during previous hearing would stand. The city attorney administered oath to hearing participants whom were not previously sworn in. Gellings conveyed the staff recommendation dated July 5, 2006, which approved the special use permit and denied both variances had remained unchanged since the last hearing. He said activity conducted by staff since the last hearing included collection and redistribution of questions and requests for additional information by councilmembers. Gellings remarked two councilmembers submitted requests and the City Council Minutes September 11, 2006 Page 2 applicant's response was included in the packet as two bound packages, which included cover letters dated August 28, 2006. Gellings said an updated exhibit including the additional comment letters received by the city since packet distribution was distributed to council prior to the meeting. Mayor invited applicant to address council at 7:30 pm. Jeff Lee, Rector of St. Thomas Church and Chaplain to St. Thomas School, testified that the church owns property of both church and school and explained he was there to express the Vestry's unanimous support and enthusiasm for the request for the special use permit to rebuild the school. He said the project would enhance both the compatibility and relationship of church and school and also improve their presence in the community. Father Lee further stated that the school functions under the auspice of the church, is a member of the National Association of Episcopal Schools, and remarked about its religious life curriculum. Phil Schlaepfer, President of the Board of Trustees of St. Thomas School, said concerns raised during previous hearing were responded to and he encouraged council that if it deemed necessary to raise further issues, to address them during the hearing in order for an immediate response to be provided to avoid further delay. Mr. Schlaepfer stated no new information was discovered and nothing had changed since July hearing. He added remarks regarding the design and development team, the development and design process, and provided temporary relocation detail for the 2007-2008 school year. Mr. Schlaepfer expressed the school's objective and vision. Dr. Kirk Wheeler, Head of School for St. Thomas School, addressed the needs to redevelop the school campus and detailed five reasons why St. Thomas and Medina Elementary should not be compared directly. Dr. Wheeler urged council to provide a decision tonight that would reaffirm the decision provided in July in order to prevent further delay and financial loss. Lorne McConachie and Greg Hepp from Bassetti Architects addressed concerns raised by councilmembers since the last hearing. Principals identified church height, which was clarified as 34 feet and described visual presentation documents which identified existing and proposed footprints of new school, including lot coverage, and the relative elevations of proposed school to existing church both with and without height variance. Visuals provided identified perspective views from the east and southeast both with and without the height variance. Mr. McConachie argued height variance should be granted due to a compliance hardship with height limitation regulations which would result in a building that would be less compatible with existing surroundings as addressed in Medina's Comprehensive Plan and expressed fact that the buildings existed prior to incorporation of Medina. Mr. Hepp defined proposed site traffic circulation plan stating morning drop off would occur in the rear of the site and pick up in the afternoons would take place in the front for older students and in back for the younger children. Mr. Hepp explained future option of opening second exit to improve traffic flow from site. Architects answered Rudolph's questions pertaining to lot coverage and elevations. City Council Minutes September 11, 2006 Page 3 Architects verified for Vall-Spinosa the schematic proposal incorporates a metal roof and stone siding on proposed building, but that other roof materials are under review. Jennifer Lowe representing The Transpo Group indicated Transpo conducted a peer review after the initial traffic study was completed by Gibson Traffic Consultants. Ms. Lowe confirmed that combined traffic from both St. Thomas and Medina Elementary School would result in a very acceptable level of service and defined Level of Service C. She stated she was impressed with results obtained from on site observations conducted recently of operations occurring during morning and afternoon times. Ms. Lowe said the approach Gibson took was appropriate, that no new concerns were raised and the report conclusions were based on a worse case scenario. Ms. Lowe answered Lawrence's concerns pertaining to trip generation and Vall- Spinosa's inquiries regarding data collection for traffic counts and the differences between service levels C and D. She addressed Rudolph's questions regarding vehicle delay and confirmed Level of Service C for five -way intersection. Amy Kosterlitz, attorney and partner with Buck and Gordon, thanked councilmembers for their time and stated the St. Thomas team amply demonstrated that the proposed project meets special use and variance criteria and would be a good fit with city's comprehensive plan policies and requirements. She said questions raised by council have been answered and there has been plenty of time for all aspects of project to be considered by council and staff. Ms. Kosterlitz testified that St. Thomas meets the definition for the Religious Land Use and Institutionalized Persons Act (RLUIPA) and commented that there could be possible implications if project delayed further. She summarized testimony provided and asked council to adopt findings and decision tonight. Ms. Kosterlitz urged council to grant height variance to improve proposed school compatibility with the church, concluding that a decision on the height variance could be deferred to another night in order to avoid delay on special use and setback variance decisions. Mayor opened floor to public participation at 8:32 pm. Resident Shalisan Foster stated she intends to have her four children attend St. Thomas through the sixth grade, and is currently in her sixth of fifteen years at the school and urged council to approve the special use permit. Resident Dodee Hand said St. Thomas School was the first connection she and her husband had with Medina. She stated she has been associated with St. Thomas for thirty-two years as both a parent and teacher and explained her view that the school's growth has always been achieved in a responsible manner and with an intention to remain an asset within the community. Resident Jim Nordstrom remarked three of his four children attend St. Thomas School and he urged council to support the special use permit tonight. Resident Bert Valdman commented that he has two children attending St. Thomas School and his family relocated to Medina due to the proximity of the school. He City Council Minutes September 11, 2006 Page 4 expressed that he is excited to be involved with St. Thomas during this time and requested council approve the special use permit. Resident Kerry Brown asked council to approve the special use permit and stated she has been a St. Thomas parent for ten years. Mrs. Brown said St. Thomas is an important part of the community and offers a unique opportunity for early childhood education. She expressed her belief that the community would be enhanced and the essence and partnership of St. Thomas in the community would not be changed as a result of redevelopment. Resident Bruce Hand said he has been acquainted with the St. Thomas campus since 1970 or 1971 and that there have been four modifications and improvements since that time and each was well done and aesthetically well presented. He asked council to approve the matter as it will be another top-notch modification to the campus and will be appreciated by the community. Mr. Hand named several other groups which use the facility. He said students from St. Thomas are well-behaved and outstanding Medina citizens. Resident Charles Black remarked he has children which attend both St. Thomas and Medina Elementary School and expressed support of the special use application. He confirmed the start times for Medina Elementary and St. Thomas as 8:10 am and 8:30 am. Resident Mark Nelson pointed out that St. Thomas is a resource to the community and urged approval of the special use permit and both variances, and expressed his belief that all conditions have been met. Mr. Nelson said he reviewed the drawings and stated they are complimentary to the building and when completed the structure would be an architectural asset to the community. He noted the existing non -conformities would be removed as a part of re -development. Dr. Wheeler confirmed St. Thomas's official start time as 8:25 am. Mayor closed floor to public testimony at 8:47 pm and council began deliberations. Discussion included ideas to mitigate traffic concerns and council consulted with Tanaka regarding issue. City Council Minutes September 11, 2006 Page 5 MOTION VALL-SPINOSA AND SECOND ADAM TO ACCEPT APPLICANT'S REQUEST TO BUILD A NEW PRIVATE SCHOOL ON THE GROUNDS ADJACENT TO ST. THOMAS EPISCOPAL CHURCH WITH THE FOLLOWING AMENDMENTS: 1). STRUCTURE BE BUILT AS PER COMPUTER PICTURES PRESENTED ON THE AUGUST 28, 2006 DOCUMENT BY BASSETTI ARCHITECTS, AND THE PRESCRIPTIONS NECESSARY TO CARRY OUT WOULD BE THE FOLLOWING: STONE ON EXTERIOR SIDING; COLORS, WINDOWS AND LANDSCAPING AS SHOWN 2). SETBACK VARIANCE REQUEST BE GRANTED 3). HEIGHT VARIANCE REQUEST BE DENIED 4). IF AFTER SIX YEARS FROM ISSUANCE OF BUILDING PERMIT IT IS DETERMINED BY THE CITY THAT TRAFFIC AT THE 12T" STREET INTERSECTION SHOULD REQUIRE TRAFFIC SIGNALING DUE TO INCREASED TRAFFIC THEN THE SCHOOL SHOULD CONTRIBUTE AN AMOUNT DETERMINED BY THE COUNCIL A SHARE TO BE AT LEAST TEN PERCENT BUT NOT TO EXCEED ONE-THIRD OF THE TOTAL AMOUNT NECESSARY FOR SUCH SIGNALING MOTION FAILED 1-6 (VALL-SPINOSA IN FAVOR) AT 9:20 PM. Rudolph suggested council review each permit individually. MOTION LAWRENCE AND SECOND BIGLOW TO APPROVE SPECIAL USE PERMIT FOR ST. THOMAS SCHOOL, MOTION PASSED 7-0 AT 9:36 PM. MOTION PHELPS AND SECOND ADAM TO APPROVE SETBACK VARIANCE REQUEST, MOTION PASSED 6-1 (LAWRENCE OPPOSED) AT 9:37 PM. MOTION BIGLOW AND SECOND BLAZEY TO APPROVE HEIGHT VARIANCE, MOTION FAILED 2-4-1 (BIGLOW, BLAZEY IN FAVOR AND RUDLOPH ABSTAINED) AT 9:43 PM. MOTION VALL-SPINOSA AND SECOND PHELPS TO APPROVE WRITTEN FINDINGS, MOTION PASSED 5-2 (BIGLOW AND BLAZEY OPPOSED) AT 9:45 PM. * Written findings approved special use permit, approved setback variance and denied height variance. Mayor recessed meeting for a five-minute break, and the meeting was called back into session at 9:52 pm. City Council Minutes September 11, 2006 Page 6 OTHER BUSINESS 841" Avenue Northeast Tree Replacement (9:53 pm) Willis opened discussion and summarized action options. Council discussed motion and Willis answered council inquiries. Discussion included remarks pertaining to preferred street trees and distinguishing between hazardous trees and dead trees. MOTION VALL-SPINOSA AND SECOND RUDOLPH TO EXTEND MEETING ONE HOUR, MOTION PASSED 6-1 (BIGLOW OPPOSED) AT 10:07 PM. MOTION LAWRENCE AND SECOND BIGLOW TO PRUNE ALIVE/HAZARDOUS TREES, REMOVE DEAD TREES, AND REPLACE REMOVED TREES WITH POPLARS, MOTION PASSED 4-3 (PHELPS, RUDOLPH AND VALL-SPINOSA OPPOSED) AT 10:09 PM. Award Contract for Northeast Eighth Street Sidewalk Construction (10:14 pm) Willis summarized contract schedules and budget items. Discussion followed and Willis answered council inquiries. MOTION PHELPS AND SECOND RUDOLPH TO ADOPT SCHEDULES A, B, AND C AS PRESENTED AND AWARD CONTRACT TO LOWEST BIDDER, GMT, INC.. MOTION PASSED 5-2 (BLAZEY AND LAWRENCE OPPOSED) AT10:34 PM. PUBLIC HEARINGS Ordinance Modifying Method of Measuring Building_ Height (Original Grade) (10:35 pm) Gellings provided a summary of proposed ordinance and Council discussion followed. Gellings answered inquiries posed by council. Council continued discussion to a future agenda in order to address greater definition of method and Gellings conveyed he would continue to work with the city attorney in order to address hypothetical situations discussed by council. Adam opened floor to public comment at 10:57 pm. Resident John Ebel explained reasons for writing letter previously submitted to council. Mr. Ebel suggested the proposal would reduce view potential for homes located in Medina Heights and stated a neighborhood exception could be included in ordinance or offer the builder an option to hire a geotechnical engineer to establish original grade. Citizen conveyed current ordinance has worked well and should not be changed. Citizen Mark Nelson said proposal resulted from focus groups and could save expenses for homeowners and streamline building process. Blazey exited the meeting at 11:05 pm. City Council Minutes September 11, 2006 Page 7 MOTION AND SECOND TO EXTEND MEETING FIFTEEN MINUTES, MOTION PASSED 6-0 AT 11:06 PM. Comcast Franchise Renewal (11:06 pm) MOTION LAWRENCE AND SECOND PHELPS TO ADOPT THE ORDINANCE MODIFYING CHAPTER 5.08 OF THE MEDINA MUNICIPAL CODE REGULATING CABLE TELEVISION SERVICES AND TO AUTHORIZE CITY MANAGER TO ENTER INTO A FRANCHISE AGREEMENT WITH COMCAST TO PROVIDE CABLE TELEVISION SERVICES IN MEDINA, MOTION PASSED 6-0 AT 11:07 PM. OTHER BUSINESS Council Agenda Calendar Agenda calendar briefly discussed. EXECUTIVE SESSION L ION AND SECOND TO RECESS INTO EXECUTIVE SESSION FOR AN MATED TEN MINUTES, MOTION PASSED 6-0 AT 11:09 PM. The council recessed into executive session for the purpose of discussing a legal issue, per RCW 42.30.110 (1) (i) and for discussion of labor negotiations per RCW 42.30.110 (1)(g) for an estimated time of ten minutes and action was anticipated following executive session. City Councilmembers Adam, Biglow, Lawrence, Phelps, Rudolph and Vall-Spinosa; and City Attorney Wayne Tanaka were present. Executive session adjourned and the city council reconvened into regular session at 11:20 pm. MOTION LAWRENCE AND SECOND VALL-SPINOSA TO AUTHORIZE CITY MANAGER TO SIGN SETTLEMENT AGREEMENT DISCUSSED DURING EXECUTIVE SESSION, MOTION PASSED 6-0 AT 11:21 PM. City Council Minutes September 11, 2006 Page 8 ADJOURNMENT MOTION AND SECOND TO ADJOURN THE SEPTEMBER 11, 2006 CITY COUNCIL MEETING, MOTION PASSED 6-0 AT 11:21 PM. The September 11, 2006 Regular Meeting of the Medina City Council adjourned at 11:21 pm. The City Council will hold a Study Session Monday, September 25, 2006. An Executive Session will begin at 6:00 pm to discuss labor negotiations, per RCW 42.30.110 (1) (g). The public portion of the meeting will begin at 7:00 pm. Miles R. Adam, Mayor Attest: Rac el Baker, City Clerk City Council Minutes September 11, 2006 Page 9