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HomeMy WebLinkAboutR-1674 - Granting a utility variance for the Tulalip Tribes of Washington for property located at the proposed Tulalip Casino Complex between 27th Avenue NE anCIT Y 0 F MAR Y S V ILL E Marysville,Washington RESOLUTION NO./"7'1 A RESOLUTION OF THE CITY OF MARYSVILLE GRANTING A UTILITY VARIANCE FOR THE TULALIP TRIBES OF WASHINGTON FOR PROPERTY LOCATED AT THE PROPOSED TULALIP CASINO COMPLEX BETWEEN 27TH AVENUE N.E.AND 1-5 AND 105TH STREET N.E. AND 116TH STREET N.E.,MARYSVILLE,WASHINGTON. WHEREAS,on December 7,1993 the Tulalip Tribes of Washington applied for a utility variance for a water connection without sewer for property located outside of the City's RUSA boundary located on the Tulalip Reservation between 27th Avenue N.E.and 1-5 and 105th Street N.E.and 116th Street N.E.;and WHEREAS,on December 13,1993,the City Council of the City of Marysville held a public meeting concerning the variance application and made the following findings: 1.On August 31,1993 the Tulalip Tribes of Washington requested a connection to a Marysville water main at 116th Street N.E.and State Avenue.The connection is to serve only Phase I, as presented to the Marysville City Council,of the proposed casino complex being developed by the Tribes. 2.The Tribes'initial request was made in accordance with the JOA between the City of Marysville,Snohomish County P.U.D., and Tulalip Tribes.However,the requested connection at 116th Street N.E.is not in the area presently served by the Everett/Marysville water pipeline which is the subject of the JOA. 3.The present source of water for the 116th Street N.E. connection would be the City's Edward Springs and/or Stillaguamish Ranney Well. 4.A copy of the Tribes'August 31,1993 letter requesting the connection at 116th Street N.E.is incorporated by this reference. 5.By letter dated October 11,1993 from Public Works Director Ken Winckler,the City responded to the Tribes'request and outlined several issues which must be addressed relating to the request for a connection to the City's water main.Said October 11,1993 letter is incorporated by this reference. 6.It appears likely that the point of connection at 116th Street N.E.will ultimately be served by water from the Everett/Marysville pipeline.As such,the proposed connection to the system at that point is considered to be temporary in nature. RESOLUTION - 1 Imv/tulal ip.res 7.As the proposed casino is intended to replace an existing casino at 6330 -33rd Avenue N.E.,Marysville, Washington,to which the City presently provides water under a prior agreement,such circumstances constitute exceptional or extraordinary circumstances or conditions applying to the subject property that do not apply generally to other properties in the same vicinity. 8 . enjoyment possessed The variance is necessary for the preservation and of a substantial property right of the applicant by owners of other properties in the same vicinity. 9.Subject to compliance with all conditions of this resolution,the authorization of the variance will not be materially detrimental to the public interest,welfare or the environment. 10.So long as the point of delivery is ultimately served by the Everett/Marysville pipeline,the granting of the variance will not be inconsistent with the long-range plans of the City utility system,or jeopardize utility availability for properties within the City limits. NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON AS FOLLOWS: The variance for the applicant's connection to City water is hereby granted subject to the following conditions: 1.The connection shall be limited exclusively to "Phase I"of the casino complex as proposed to the City Council by the Tulalip Tribes between 27th Avenue N.E.and 1-5 and 105th Street N.E.and 116th Street N.E.No other properties other than that proposed for the casino complex shall be served by this water connection and said connection shall not be extended other than to Phase I of the casino complex property without the approval of the City of Marysville.The "casino complex property"and Phase I of the project shall be as described in the environmental review document dated December 1993 by the Tulalip Tribes. 2.The connection to the City's water main at 116th Street N.E.and State Avenue shall be considered a temporary interim measure which is intended to serve the casino complex only until a water connection to the water supply which is the subject of the JOA between the parties is available.The volume of water provided by the temporary connection shall be subject to existing and projected limitations in capacity of the Stillaguamish Ranney and Edward Springs Wells. 3.At such time as water is available from the Everett/Marysville pipeline,the provision of water at the point of delivery shall be transferred from the Edward Springs and/or RESOLUTION - 2 /mv/tulal ip.res Stillaguamish well source to the Everett/Marysville pipeline source. 4.This variance is subject to the City and the Tulalip Tribes entering into an agreement for the wheeling of water to the Tribes.Said agreement shall include all necessary conditions for the provision of water,including,but not limited to,the water rate to be paid,all necessary capital improvements to be made,maintenance and operation of the pipeline between the point of connection and the casino complex,and such other matters as are necessary and appropriate for the provision of said water.The connection to the City water main shall not be made until an agreement has been negotiated and executed between the parties for the wheeling of water. 5.The Tulalip Tribes shall provide construction plans of the proposed pipeline and appurtenances which shall be subject to the review and approval of the City of Marysville.All easements necessary to construct and maintain the City-owned portion of the pipeline over private and Tribal lands shall be obtained by the Tulalip Tribes at its sole expense. Any party aggrieved by this resolution shall have the right to file an application for a writ of certiorari in Snohomish County Superior Court;PROVIDED,that the application must be filed and served within 20 days of the date of this resolution. ~PASSED by the ~ity Council and APPROVED by the Mayor this J,S day of __CpAi-R ,1994. CITY OF MARYSVILLE By fl/cJ4#f MAYOR ATTEST: CITY CLERK form: ByL2~tC~ CITY ATTORNEY RESOLUTION -3 /mv/tulal ip.res