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06/30/1998 City CouncilEDMONDS CITY COUNCIL APPROVED MINUTES A JUNE 309 1998 The Special Edmonds City Council meeting was called to order at 7:00 p.m. by Mayor Barbara Fahey in the Library Plaza Room, 650 Main Street, followed by the flag salute. ELECTED OFFICIALS PRESENT Barbara Fahey, Mayor Gary Haakenson, Council President Dave Earling, Councilmember John Nordquist, Councilmember Michael Plunkett, Councilmember Jim White, Councilmember Dick Van Hollebeke, Councilmember Thomas A. Miller, Councilmember 1. APPROVAL OF AGENDA STAFF PRESENT Robin Hickok, Police Chief Paul Mar, Community Services Director Jeff Wilson, Planning Supervisor Arvilla Ohlde, Parks and Recreation Director Don Fiene, Hydraulic Engineer Sandy Chase, City Clerk Jeannie Dines, Recorder COUNCILMEMBER VAN HOLLEBEKE MOVED, SECONDED BY COUNCILMEMBER MILLER, FOR APPROVAL OF THE AGENDA AS PRESENTED. MOTION CARRIED. 2. CONSENT AGENDA ITEMS Councilmember Nordquist requested Item B be removed from the Consent Agenda. COUNCILMEMBER VAN HOLLEBEKE MOVED, SECONDED BY COUNCILMEMBER EARLING, FOR APPROVAL OF THE REMAINDER OF THE CONSENT AGENDA. MOTION CARRIED. The agenda items approved are as follows: (A) ROLL CALL Approve m (C) APPROVAL OF CLAIM WARRANTS #25701 THRU #25956 FOR THE WEEK OF JUNE Claim 22, 1998, IN THE AMOUNT OF $323,192.98 laims for (D) ACKNOWLEDGE RECEIPT OF CLAIMS FOR DAMAGES FROM SANDRA GELLER Damages (Amount Undetermined), AND JACKIE WILLIAMS ($245.60) E ility (E) ACCEPTANCE OF A UTILITY EASEMENT AT 23128 76TH AVENUE WEST FROM sement ROBERT C. PAYNE JR. 1 Ave. ' Reso #918 (F) RESOLUTION NO. 918 COMMENDING LISA SHIN FOR HER SERVICE AS A Student STUDENT MEMBER OF THE EDMONDS CITY COUNCIL Rep. Item B: Approval of City Council Meeting Minutes of June 23, 1998 Councilmember Nordquist recalled Consent Agenda Items I and J were approved subject to the City Attorney's approval and asked if he had approved the documents. City Clerk Sandy Chase said her Edmonds City Council Approved Minutes June 30, 1998 Page 1 r' �J 1 0 interpretation of the motion was the easements could not be processed unless the City Attorney approved them. Mayor Fahey advised the Engineering Division informed her the next morning that the Attorney had reviewed and approved both documents before they were presented to the City Council. She offered to include an indication that the City Attorney had reviewed such documents in the future. pprove Minutes COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCIL PRESIDENT f6/23/98 HAAKENSON, FOR APPROVAL OF CONSENT AGENDA ITEM B. MOTION CARRIED. The item approved is as follows: (B) APPROVAL OF CITY COUNCIL MEETING MINUTES OF JUNE 23, 1998 Mayor Fahey declared a brief recess to allow the discussion area to be set up. Joint Meeting 3. JOINT MEETING WITH EDMONDS SCHOOL DISTRICT BOARD with Edmonds School The following members of the Edmonds School District Board were present: Sally Fabro, Mimi District Terwilliger, Judy Janes, Bruce Williams and Larry Ehl. Also present: Dr. Susan Torrens, Board Superintendent, and Mike Warden, Assistant Superintendent. Mayor Fahey explained the purpose of the joint meeting with the Edmonds School District (ESD) Board was to discuss upcoming decisions and opportunities to partner with the ESD for the community's benefit. She noted there may be some misinformation regarding development of a partnership regarding the aquatics center as well as how the City processes issues such as zoning and code enforcement. It was felt a joint meeting with the ESD would be beneficial to address these issues. Dr. Susan Torrens, Superintendent Edmonds School District, said there may have been some miscommunication and /or lack of communication regarding zoning issues as well as the aquatic center. She agreed it was a good idea for the ESD board and Edmonds City Council to discuss these issues. Zoning of planning Supervisor Jeff Wilson distributed an up -to -date list of information outlining the zoning, Schools location on a collector or arterial, and the year annexed of the school sites within Edmonds. Mayor Fahey explained last week a discrepancy had been discovered in the information staff provided regarding Edmonds Elementary. It was determined the discrepancy was due to the name change; Edmonds Elementary had originally been at the Frances Anderson site and the current Edmonds Elementary was the old Olympic site. The zoning indicated was accurate. Mr. Wilson explained half the schools in the City are zoned Public (P) and the other half are zoned single family. He noted the old Edmonds - Woodway High School site had a split zoning, half was zoned single family and half open space (the west portion of the site) due to the Department of Natural Resources (DNR) restriction that half of the property remains open space. He explained under the "P" zoning, any school -type use is permitted outright although secondary uses may require a Conditional Use Permit (CUP), such as a maintenance or busing facility. The "P" zoning maintains the same height restriction (25 feet); however, via a CUP a taller building can be constructed without a variance. The CUP considers the impacts of the facility rather than meeting the variance criteria, which provides more flexibility. For example, the new high school site took advantage of the CUP criteria to allow the additional height of the gymnasium, clock tower, and auditorium. r Mr. Wilson explained that the Code (developed in the late 1970's and early 1980's) limits the types of school facilities in single family zones to elementary schools. The Code does not define elementary Edmonds City Council Approved Minutes June 30, 1998 Page 2 schools; therefore, the common understanding has been K -6 or K -8. The Code also requires elementary schools in a single family zone to be located on a collector or arterial street and a CUP is required to do any modifications. Mr. Wilson explained his interpretation of the collector /arterial street requirement was to address the traffic impacts of a school. The CUP provides an additional review to consider impacts on the surrounding neighborhoods to ensure the use is good for the school and the surrounding residents. Further, the Architectural Design Board considers aesthetics, whether the building fits within the neighborhood, site design to ensure compatibility, etc. He explained, historically, elementary schools in the ESD have been developed within single family neighborhoods and most are zoned single family (RS). He noted rezoning some sites to "P" (i.e. Sherwood Elementary) assisted in developing a site design that was more compatible with the neighborhood and addressed traffic impacts. Mr. Wilson further explained with the adoption of the Growth Management Act (GMA), the City is required to consider whether land use designations and the zoning map are compatible. One location where that compatibility is not present is the former Edmonds - Woodway High School site. This site is identified in the Comprehensive Plan as "P" but the underlying zoning designation is single family /open space. He noted the open space designation would be compatible with the "P" zoning but is not compatible with the single family zoning and likely will need to be changed in the future to bring it into compliance. Dr. Torrens said the old Edmonds - Woodway High School site has always been a secondary school, and asked how it could it be zoned single family. Mr. Wilson answered the high school use was established prior to annexation. When the area was annexed in 1983, the development/use of the site came into the City as a nonconforming use. He noted recent annexations resulted in similar situations such as the Madrona School site, Woodway Elementary, etc. which are not on collector /arterial streets. When annexation occurred, comparable zoning in the County was adopted. The range of school uses that the County permitted to occur in a single family zone was broader than allowed by the City's zoning classification. Mr. Wilson remarked there are many areas of the Code that are ambiguous (i.e. the definition of an elementary school) and should be clarified. Without a definition in the Code, the dictionary definition is used. He noted the ambiguities in the Code did not help the City or the property owner and should be corrected for the benefit of all parties. Dr. Torrens said discussions with staff indicated all schools should be zoned "P" and that process should start now. Mr. Wilson answered that was a possibility. In order to do that, consideration must be given to whether to change the underlying Comprehensive Plan designation, retain the present residential classification, or change the zoning of the property to "P." He said other options have been discussed with the City Attorney such as rezoning the property with reversionary rights so that the property reverts to an underlying designation if the property is sold or the use ceases. He noted the "P" designation allowed limited use and would only benefit public agencies. Dr. Torrens referred to the City Attorney's memo distributed at the June 23 Council meeting, and said it appears the State's view supersedes the City's in how the School District chooses to use the buildings. Mr. Wilson answered his understanding of the City Attorney's view on that issue was that cities have a particular function by law as do districts such as sewer, hospital and school. The City has the ability to regulate the types of activities that occur as long as it does not preclude the district from performing its mission as outlined and mandated by State Statute. The goal then is to find the balance that allows the district to perform their f inction/mission and allow the City to perform its mission to the community. Edmonds City Council Approved Minutes June 30, 1998 Page 3 Dr. Torrens pointed out 20% of the Options and Scriber Lake students are residents of Edmonds; ESD's mission is to serve them. She asked what buildings could be used for that purpose, other than the new Edmonds - Woodway High School. Mr. Wilson answered as long as the old Edmonds - Woodway High School continues to function as a high school, their vested right continues. He noted any other facility zoned "P" could also be used for the Options /Scriber Lake students as there is no distinction made with regard to program level. Dr. Torrens asked how long the vested right lasted. Mr. Wilson explained the City Attorney indicated the normal use of the school is on a school year basis, therefore, as long as the programs are started in September and continues during the school year, the vested right would remain. If the use ceased for a school year, the vested right would be extinguished. Dr. Torrens clarified in order to serve Options and Scriber students who live in Edmonds, it must be at a site with a "P" designation or they must be moved into the old Edmonds - Woodway High School. Mr. Wilson said use of the old Edmonds - Woodway High School for any high school level program would continue its vested rights. Dr. Torrens commented the City of Edmonds is driving programs for the ESD. If their mission is to serve those students and the City is determining when programs have to be moved even though it may not be in the best interests of the students or the City. She said the ESD Board's choices are to move the Options /Scriber programs into the old Edmonds - Woodway High School or lose the ability to house any high school program in the City of Edmonds other than vacating an elementary school that is zoned "P ". Mr. Wilson said the Scriber /Options program would not have to move into the former Edmonds - Woodway site as long as some other high school program continued there. Dr. Torrens said one alternative would be not to move the students to the new high school. Mr. Wilson stressed the entire high school body did not have to remain; some type of high school program would be sufficient to maintain the vested right. ESD Boardmember Sally Fabro said their current intent is to move transitional elementary students (Chase Lake and Maplewood) into the old Edmonds - Woodway High School during construction. She clarified under the current Code, the ESD would not be permitted to move Scriber Lake students into the old Edmonds - Woodway High School following its use as a transitionary elementary school. Mr. Wilson agreed if all high school program use ceased during that time, the City Attorney has indicated no further high school use would be allowed. Dr. Torrens said their alternatives appear to be bussing students to the old Edmonds - Woodway High School to continue the high school use. She asked the length of time during the day students must be at the high school to continue the vested right. Mr. Wilson answered that is not defined in the Code. Council President Haakenson clarified using the old Edmonds - Woodway High School site for a program such as a district -wide shop would retain the vested right. Mr. Wilson advised some of the material in the City Attorney's memo identified the need for the Planning Board to consider this issue from a different view than was used in the late 1970's and early 1980's when the Code was first adopted. The intent is for the Planning Board to base regulations on associated impacts of programs rather than on a program basis. For example to move a more intense program to an elementary school site may not be appropriate due to greater traffic impacts that the infrastructure is not capable of handling. Therefore, the impacts of the program define whether it is Edmonds City Council Approved Minutes June 30, 1998 Page 4 appropriate, not the program. The City Attorney's memo indicates consideration of the impacts of a program would be appropriate. ESD Boardmember Mimi Terwilliger pointed out considering impact addressed mitigation rather than nonconforming use. Mr. Wilson pointed out the issue would be considered based on whether the impacts could be sufficiently mitigated so the use did not create an adverse impact. He compared it to SEPA, which considers the impacts created by a facility and allows a use to be denied because the impacts cannot be sufficiently mitigated. The City Attorney recommends the City Code be brought up -to -date by considering uses from an impact level rather than a program definition. Councilmember Nordquist explained the City Council made the decision to zone schools "P" in the 1960's as the school district was losing population and elementary schools were being closed. The community was concerned the sites would become something other than a school (i.e. a factory) and requested protection. He noted Sherwood Elementary and the old Edmonds - Woodway High School were annexed as a result of a request from ESD for police protection. Councilmember Earling asked what elementary schools were currently under construction or planned for construction. Dr. Torrens answered ESD has bond issues for Chase Lake and Maplewood. Councilmember Earling noted both were zoned "P." Mayor Fahey clarified the City was trying to find a solution, not trying to stand in the way of ESD's ability to provide services. She noted the issues that have arisen are centered around properties that were recently annexed. She said the "P" designation likely occurred based on specific requests because the school was not located on collector /arterial streets and could not make changes /modifications. With regard to the old Edmonds - Woodway High School site, it is located in a residential zone and on a collector /arterial but cannot apply for a CUP because it is not an elementary school. Other than continuing the existing high school use, the only option is to apply for a "P" zone. She asked who would initiate the process. Dr. Torrens said 4 -5 months ago staff advised them they should wait to request a zoning change to "P" for the old Edmonds - Woodway High School site until the study was completed by the City. In the meantime, the School Board has been considering where to house transitionary elementary students. She said it now appears they should have applied for the "P" zone to ensure they would have the use of the old high school building for any K -12 program. She was concerned the School Board made a decision regarding housing students next year with the belief the City would be designating the old high school site with a "P" zoning. She said it would be helpful to know whether that would be done. Mayor Fahey asked Mr. Wilson to describe the process. Mr. Wilson answered the old Edmonds - Woodway High School site may be the easiest to address as the Comprehensive Plan designation is already "P" and would only need to be rezoned for consistency. The rezone can be initiated by the property owner or the City. In the past, when the Comprehensive Plan designation and the zoning classification of a property was not compatible, the City has initiated the process when adequate time and resources were available. This would not preclude a property owner from requesting a rezone. Dr. Torrens asked if the rezone of this property was currently in staff s work program. Mr. Wilson answered it was not on the Planning Board's extended agenda although it has been discussed with ESD staff and likely will be discussed in more detail next week. He explained whenever the City receives an application, staff has an obligation to process the application in a timely manner. If the City initiates the process, it would be fit into the City's work program during a slow period. Edmonds City Council Approved Minutes June 30, 1998 Page 5 Mayor Fahey asked how long the process would take if ESD applied for a rezone to "P" tomorrow. Mr. Wilson answered if the ESD applied tomorrow, he would assume they would act as the lead agency for SEPA purposes and make their own environmental determination. Once their SEPA process was concluded, it would be scheduled for the first available Planning Board meeting. He described scheduling for Planning Board meetings, noting if insufficient time remained to notice a public hearing for the fourth meeting in July, the earliest it could be considered would be the fourth Wednesday in August. Dr. Torrens clarified ESD needed to ensure high school students remained in the old Edmonds - Woodway High School building until the site was rezoned "P." Mr. Wilson agreed some high school program must remain in the old Edmonds - Woodway High School. Mayor Fahey asked if the City could initiate the rezone process at any time to implement the Comprehensive Plan. Mr. Wilson answered yes. Councilmember Miller observed Dr. Torrens mentioned two uses for the old Edmonds - Woodway High School site -- the high school and Options program. He said if the site were used for the Options program, how that use could be mitigated was an important consideration to him. Dr. Torrens answered the ESD's intent was to provide the maximum flexibility for all sites for all future programs. Council President Haakenson pointed out if all schools were zoned "P ", Councilmember Miller's statement would not apply because there would be no opportunity for Council input. Mr. Wilson agreed. Councilmember Earling clarified whether the City or ESD initiated the process, it would take 2 -4 months. Mr. Wilson answered at least 2 -3 months. Councilmember Earling asked if this would allow adequate time for public hearings. Mr. Wilson answered there was usually one public hearing before the Planning Board before a recommendation is forwarded to the City Council and another public hearing is held by the City Council. Councilmember Van Hollebeke clarified the City had no "agenda" to defeat the ESD's purpose of education. He observed there appeared to be an implied distrust that the City was trying to dictate how schools could be used. The City's responsibility is to protect all the citizens to ensure there are compatible uses throughout the City. His understanding at the last Council meeting was the only way the old Edmonds - Woodway High School would lose its vested right was if it was not used for an entire scholastic year. The high school use must take place within the scholastic year, but not necessarily from the beginning of the school year. He stressed the City Council, Mayor, staff, and citizens were interested in cooperating with ESD. ESD Boardmember Bruce Williams asked whether the Council would have input if a shop was maintained at the old Edmonds - Woodway High School and following the transitionary period, a decision is made to move the Options /Scriber program to the site. Mr. Wilson answered if the vested right was maintained by operating a high school program on the site for the next three years, programs placed in the school on the fourth year would not be evaluated, as their vested right would remain. Mr. Williams said he too wanted to cooperate but did not want to waste taxpayer dollars to maintain flexibility because of a City regulation that constrains them. Mr. Wilson explained staff has had a good working rapport with ESD during the last 7+ years. What changed and made it more difficult was the adoption of GMA, which required consistency between the zoning code and the Comprehensive Plan. As flexibility has always remained at the old Edmonds - Woodway High School site, the need to change the zoning has not been discussed prior to last year nor had a change been initiated by either ESD or the City. Further, the need to address zoning on an impact basis versus a program basis had also not been considered Edmonds City Council Approved Minutes June 30, 1998 Page 6 previously until it was determined sites not on a collector /arterial could not apply for a CUP. This is the reason the Planning Board is being asked to analyze this issue on a broader basis. ESD Boardmember Judz James referred to the list of schools sites and zoning and asked if Edmonds Elementary, which is located on a collector /arterial, could be rezoned "P" in the future. Mr. Wilson answered the Comprehensive Plan designation is the issue, not whether the facility is located on a collector /arterial. Ms. James asked if any other school sites were being considered for a change in their Comprehensive Plan designation. Mr. Wilson answered no others had been identified for consideration of land use changes by the Planning Board this year. He explained requests for amendments to the Comprehensive Plan must be submitted by the end of the calendar year, the City then incorporates a punch list of potential changes staff has identified for evaluation. The Planning Board will begin outlining the process for amending the text and land use map of the Comprehensive Plan at their July 8 meeting. He said all amendments to the Comprehensive Plan must be adopted by the Council at the same time once each year. Ms. James asked if ESD has been permitted to make improvements to the old Edmonds - Woodway High School site since 1983, recalling a new roof was installed recently. Mr. Wilson answered maintenance of the existing building (roofing, repairs, etc.) would be allowed but expansion would be a trigger. Mayor Fahey said hopefully the Planning Board would consider how to address schools in residential zones that are not on a collector /arterial. She observed Woodway Elementary would not be used this year. Dr. Torrens answered it would not be used by ESD students but may be rented out. Mayor Fahey asked how this would affect ESD's ability to use the site as an elementary school in the future. Mr. Wilson answered ceasing the school use would result in the loss of nonconforming use vested rights and would make it difficult to allow the school use to restart again. (He said this would need to be confirmed with the City Attorney.) Mayor Fahey said, assuming that is correct, the school would be required to be brought into conformance to re- establish its use as an elementary school. Dr. Torrens noted if the site did not serve as a school for a period of years, the property reverts to the DNR. Mayor Fahey asked ESD to describe plans they have that the City needs to be aware of to help facilitate the process. She commented numerous parents of Madrona School students have indicated a desire to expand the school through the 12th grade. Mayor Fahey noted under the current zoning that could not occur. Dr. Torrens said there is a huge interest in using the old Edmonds - Woodway High School site for a number of programs in the school district. She explained a demographic profile of the ESD indicates their biggest growth areas are in the north and east sides of the district and growth is diminishing in the SW corner (Edmonds); therefore, it becomes apparent buildings are in the wrong places to meet their current needs. She explained special interest programs that are self - contained such as early childhood, behavior disorder, special technical, etc. have expressed interest in using the old Edmonds - Woodway High School site. There has also been interest expressed by the College Place Middle School to locate at the old Edmonds - Woodway site as well as locating a Madrona School K -12 program. She noted allowing Madrona to locate at the old Edmonds - Woodway High School site may have been a better decision as it would continue the high school use. At the time, however, it was felt using it as a transitional site would allow ESD to make a more informed decision regarding the future use of the facility. Dr. Torrens said it is anticipated the ESD high school enrollment will far surpass current enrollment. Several alternatives are being considered including school hours 7:00 a.m. to 9:00 p.m., a four semester school year, cyber schooling, etc. She stressed the School Board is interested in maintaining the Edmonds City Council Approved Minutes June 30, 1998 Page 7 maximum flexibility for every school facility so that facilities determine programs and programs are allowed that meet the needs of citizens and students. She noted there is increasing interest in a K -8 program. She stated that her conversations with Mayor Fahey have included issues such as healthy community and asset development for youth. She said ESD has a responsibility to serve all youth in the community and difficulties arise when serving five cities throughout the ESD service area. She agreed there was a perception in other cities that Edmonds has been working to have youth housed in cities other than Edmonds; dispelling that impression would be beneficial. She reiterated ESD would like to have the ability to use any building for any program. The School Board feels it has been difficult to use facilities in Edmonds for all students. She said ESD is interested in partnering with Edmonds, maintaining their facilities, and not disturbing neighborhoods. She noted some of the issues that arose during the past year regarding the Options Program could have been mitigated via communication if ESD and the City had worked together better. Councilmember Miller asked if ESD has administrative measures in place (i.e. a citizens panel) to consider neighborhood concerns, contacts with staff to determine zoning implications, impacts, etc. Dr. Torrens answered the Citizen Planning Committee studies facilities uses and program uses. Councilmember Miller said the City apparently did not have any knowledge regarding the location of the Options Program until it had already been moved. Dr. Torrens said ESD did not realize they could not locate any program in any school. Councilmember Miller suggested if there were administrative remedies in place prior to moving the Options students, the ESD may have been aware that use would not be allowed and the students may not have been moved. Dr. Torrens said ESD assumed since it was a school prior to annexation, a similar school program could continue. Councilmember Earling asked if the same problem would be encountered if a K -12 program were operated at the old Woodway Elementary. Mr. Wilson answered yes, because an elementary school is permitted in a single - family zone if it is located on a collector or arterial. The use of the property is not nonconforming, as it did not receive a CUP in the City. If the building were expanded, a CUP would be required. The facility would be nonconforming if the program was beyond the scope of an elementary program and 236th is not identified as a collector /arterial street. Councilmember Earling recalled a similar situation when he was in elementary school in Spokane with a hearing- impaired program. He explained there likely would be the same reaction from the neighborhood if a K -12 Madrona School program was moved to the old Woodway Elementary school site. He hoped those working on a solution to the problem could remain objective when considering the zoning rather than identifying programs they may be more/less comfortable with. Mr. Wilson agreed, noting the Code has not kept pace with changes that have occurred since the zoning regulations were written in 1960's and 1970's. This is the reason a broad review is desirable to address the current situation and consider how to incorporate flexibility into the Code so the same problems do not arise in a few years. Mayor Fahey asked if the ESD wanted to expand the Madrona School to a K -12 program, could they move to any elementary school zoned "P" without any formal process. Mr. Wilson answered yes. Mayor Fahey observed the schools zoned "P" have greater flexibility than those recently annexed which are not zoned "P." Council President Haakenson said it appeared the "P" zone was what the ESD needed and recommended they apply for it and go through the process. He agreed the City's Codes are old and need to be updated. Edmonds City Council Approved Minutes June 30, 1998 Page 8 Dr. Torrens advised they would be glad to apply for a rezone to "P", noting they were previously advised not to do that. Mr. Williams noted ones important component of a successful program placement is community acceptance of the program. It was not their intent to make angry neighbors. Ms. Fabro said the Madrona School, the Snoline/Woodway elementary school, and the old Edmonds - Woodway High School site were under consideration because there was no longer adequate student population in the southwest portion of the school district to warrant using those schools for their original purpose. She stressed it is not their intent to sell the property; only to use them for district -wide programs. Council President Haakenson acknowledged although a presentation regarding how the City and ESD can better serve its student community was included in the outline for the joint meeting, everyone was aware of the cooperative efforts in the recreation programs and ballfields, community policing efforts at ESD schools, and joint planning efforts that have occurred over the past three years. quatic Regarding the issue of an aquatic center, Parks and Recreation Director Arvilla Ohlde explained the City Center has worked with the YMCA to determine if a partnership would be feasible including consideration of the property site commonly referred to as the "wrecking yard site." Following exhaustive studies regarding siting, parking, square footage, and providing a separation between the private and public entities, the City, hospital, and YMCA made a decision not to partner on the facility. She explained the wrecking yard site is very tight, would not allow separation, and in order to accommodate the facility on this site, a second story would be required which increases the cost. The YMCA requested a contribution of $8.3 million from the City for the construction of the facility, a $200,000 annual maintenance contribution, and that the City assume responsibility for capital equipment costs and replacement of the capital asset. Dr. Torrens inquired about the size of the wrecking yard site. Ms. Ohlde answered it was 57,000 square feet. Dr. Torrens said their entire parking lot is approximately that same size. Ms. Ohlde explained the Ascent 21 proposal was a countywide ballot proposal that would address countywide infrastructure projects with regional and local benefit. When the aquatic center was originally on the Ascent 21 proposal, the intent was to fund it via a change in the real estate excise tax (BEET). Ascent 21 worked to change the existing legislation regarding REET but the Legislature did not take action on that issue; therefore, that funding option was not available. Ascent 21 subsequently proposed to the County Council that the existing $0.10 /$1,000 of assessed value levy lid be lifted (which requires a majority vote) and funding for the aquatic center be included in the Ascent 21 ballot measures in November. She said the Snohomish County Council would consider the Ascent 21 proposal tomorrow. ESD Boardmember Larry Ehl inquired about the process for siting the facility if the Ascent 21 proposal passes. Ms. Ohlde said the language on the ballot measure is for it to be located in the Hwy. 99 corridor near the Edmonds - Woodway High School site. Ms. James asked which ballot measure the aquatic center was in. Ms. Ohlde answered the levy lift that requires a 50% vote. Ms. Ohlde noted projects in the levy lid lift include two additional athletic Edmonds City Council Approved Minutes June 30, 1998 Page 9 complexes as well as funds that each City will receive (based on assessed value and population) to do local projects. Council President Haakenson observed the language regarding the location of the pool appeared to be fairly specific. He asked what would happen if the ESD made a decision not to have the pool sited on the Edmonds - Woodway High School property. Ms. Ohlde answered Ascent 21 only required a general area be identified. Council President Haakenson asked what would happen if the pool could not be sited in the Hwy. 99 corridor. Ms. Ohlde said a more vague definition could be developed. She noted the best site economically was in the Hwy. 99 corridor to provide economic benefit to neighboring cities. Dr. Torrens asked what other sites near Edmonds - Woodway High School were under consideration. Ms. Ohlde answered private land would need to be purchased; preliminary scoping has been done. Ms. Ohlde described partnerships with the ESD for athletic fields, integration of art and park programs, SAVE, the work education extension program, combining capital facilities, etc. She explained the master plan for the Edmonds - Woodway High School indicated the pool would be located on that site. A feasibility study authorized by the Edmonds City Council identified the Edmonds - Woodway site as the preferred site. She explained the proposal is a 50 meter, 8 lane pool with leisure amenities, dry side activities, warm water programs, and other activities. Integrated use by the school district could include elementary school swim lessons, teen activities, water instruction programs, high school to work programs, etc. Mike Warden, Assistant Superintendent, Edmonds School District, agreed ESD had a good working relationship with the City on day -to -day projects. He noted when the pool was discussed, ESD was in the conceptual design stage for the high school and he wished the two projects could have been constructed together. He said constructing this project on the high school site now would be a challenge. Councilmember Van Hollebeke commented at the time the pool was discussed, it was made clear it was in the planning stages and would not necessarily be constructed at the same time. He stressed the pool was not recommended on the basis that both projects would be completed at the same time; the plan was to accommodate the pool on the site. He recognized ESD had an absolute timetable for the high school but the City did not as a bond issue would be necessary. Mayor Fahey said there has never been any intent by the City to impose the aquatic facility on the ESD. When the plan was originally proposed, it was a result of mutual brainstorming that concluded ESD did not have the capability of providing a pool at the high school although it was a desirable amenity. From the City's standpoint, it was felt the pool would offer something of great value to ESD by making it readily available for incorporation into the school curriculum. She stressed when this was discussed four years ago, this was not only amenable to .ESD but also highly desirable. She stressed the City was interested in providing the pool as an amenity to citizens and students but also as an economic driver for the community. Mr. Williams recalled when a presentation was made to the School Board, it was planned to place a bond issue on the September ballot for Edmonds residents. Ms. Ohlde said a decision was made the day following that presentation to place the aquatic center on the countywide Ascent 21 bond issue in November. Council President Haakenson pointed out in addition to the $8 million from Ascent 21, an Edmonds bond issue may still be necessary to fund the additional $2 million need for the facility. Edmonds City Council Approved Minutes June 30, 1998 Page 10 Mr. Williams said he is a pool advocate. He has heard some opposition to the pool due to the possibility it may operate at a loss. He pointed out numerous community resources such as parks do not operate at a profit but provide intangible benefits. He noted Edmonds - Woodway High School primarily serves the Edmonds community; therefore, he would have preferred the Edmonds community vote on the pool to allow them to decide whether they want to trade parking spaces for a pool. Mayor Fahey said when this plan evolved from a small 25 foot community pool to the type of facility now being contemplated, it was decided this would be a regional aquatic facility that would provide benefits not only to Edmonds citizens and students of Edmonds - Woodway High School but also to students of other schools and other cities. She described a recent visit to an aquatic facility near Vancouver and the amenities it offers. Although the proposed aquatic center in Edmonds is not that extravagant, she said it will be a significant recreational facility with amenities that people throughout the region can enjoy. Therefore, it was felt it would be appropriate for the entire region to cover the cost. She noted inclusion in the Cultural Arts Stadium and Convention District bond was originally contemplated so taxes collected in Edmonds would fund the facility but CASCD made a decision not to include it in their bond issue. The City was moving forward with proposing a bond issue to its citizens when Ascent 21 proposed including the aquatic center in the ballot issue as it would balance other quality of life issues and was an amenity the Snohomish County Council indicated was necessary for future population growth in the area. She pointed out the facility had to be placed on the Ascent 21 ballot or a City bond, it could not be added to the Ascent 21 ballot issue if it failed in the City. Councilmember Earling, a parent of competitive swimmers, explained a swim meet they attended recently in Tri- Cities (which has two 50 -meter pools) attracted 400 swimmers whose parents stayed in motels, ate meals, and shopped in the community for 2 -3 days. He noted similar events take place year round and is a tremendous economic boost. He pointed out the ESD currently does not provide facilities for swimmers to achieve the necessary skills to be competitive. He said the pool is not only an economic driver but also an educational driver. He acknowledged there were siting issues as well as philosophical issues to be addressed. He noted the City is also trying to better utilize taxpayers' money by integrating a pool with an educational facility. He noted many pools operate close to a break -even point and point out little of the community's infrastructure operated at a profit. Dr. Torrens observed when the ESD approached the City for permits to build the high school, one of the restrictions was simultaneous use of major facilities. She said it was ironic that consideration was being given to adding another major facility in view of the restrictions on simultaneous uses. Ms. Terwilliger observed just as the City is obligated to ensure compatibility between the Comprehensive Plan and the zoning code, the School District is also obligated to consider whether the siting of a major recreational facility is the most compatible use for that school property. Dr. Torrens was uncertain whether the City was requesting the ESD make a decision regarding the use of the high school site for a pool prior to the election. If so, that should be discussed further. If not, she suggested the ballot include broader language. Mayor Fahey explained a tight time line existed for placing the Ascent 21 proposal on the ballot and was not subject to a site - specific decision. She explained the Hwy. 99 corridor was identified as the location with the greatest opportunity to be an economic driver and it would be a more regional location as it would be contiguous to Mountlake Terrace and Lynnwood. Dr. Torrens did not want voters to be misled that the Edmonds - Woodway High School site had already been approved; she suggested a location "South of 196th in the Hwy. 99 corridor" may be more appropriate. Edmonds City Council Approved Minutes June 30, 1998 Page 11 Mr. Ehl questioned the legal ramifications if the ballot measure passed with the current language and the pool was sited in a location outside the Hwy. 99 corridor. Mayor Fahey agreed the language would be re- evaluated. Dr. Torrens said she appreciated the opportunity for School Boardmembers and Councilmembers to hear the same message at the same time regarding zoning and the aquatic center to avoid any misinterpretation. Mayor Fahey thanked the School Boardmembers for meeting with the Council. Mayor Fahey observed schools today, in general, are called upon to do much more than be educational providers -- they are being asked to solve social ills as well. She appreciated the School Boardmembers for assisting the ESD in making the best plans to meet the needs of the students. She observed although temporary conflicts may arise, she was committed to doing whatever possible to help provide education for all children. 4. MAYOR'S REPORT Mayor Fahey had no report. 5. COUNCIL REPORTS Councilmembers had no reports. xecutive 6. EXECUTIVE SESSION REGARDING A REAL ESTATE MATTER ession Mayor Fahey recessed the Council to Executive Session at 9:17 p.m. for a maximum of 30 minutes for discussion of a real estate matter. She advised no action would be taken following Executive Session and the Council would adjourn immediately following Executive Session. Cl2lJa�r� BARBARA S. FAHEY, MAYOR -SANDRA-S. CHASE, CITY CLERK Edmonds City Council Approved Minutes June 30, 1998 Page 12 AGENDA ' EDMONDS CITY COUNCIL Plaza Meeting Room - Library Building 650 Main Street 7:00 -10:00 p.m. JUNE 30, 1998 SPECIAL MEETING 7:00 P.M. - CALL TO ORDER FLAG SALUTE 1. APPROVAL OF AGENDA 2. CONSENT AGENDA ITEMS (A) ROLL CALL (B) APPROVAL OF CITY COUNCIL MEETING MINUTES OF JUNE 23, 1998 (C) APPROVAL OF CLAIM WARRANTS #25701 THRU #25956 FOR THE WEEK OF JUNE 22, 1998, IN THE AMOUNT OF $323,192.98. (D) ACKNOWLEDGE RECEIPT OF CLAIMS FOR DAMAGES FROM SANDRA GELLER (Amount Undetermined), AND JACKIE WILLIAMS ($245.60) (E) ACCEPTANCE OF A UTILITY EASEMENT AT 23128 76TH AVENUE WEST FROM ROBERT C. PAYNE, JR. (F) PROPOSED RESOLUTION COMMENDING LISA SHIN FOR HER SERVICE AS A STUDENT MEMBER OF THE EDMONDS CITY COUNCIL 3. (2 Hours) JOINT MEETING WITH EDMONDS SCHOOL DISTRICT BOARD 4. (5 Min.) MAYOR'S REPORT 5. (15 Min.) COUNCIL REPORT 6. (30 Min.) EXECUTIVE SESSION REGARDING A REAL ESTATE MATTER 0 Parking and meeting rooms are accessible for persons with disabilities. Contact the City Clerk at (425) 771 -0245 with 24 hours advance notice for special accommodations. The Council Agenda appears on Chambers Cable, Channel 32. This meeting will not be televised.