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HomeMy WebLinkAboutPermit 90-32-SPE - MCLEOD DEVELOPMENT - SPECIAL PERMISSION90-32-spe longacres race track mcleod development company FILED BY To A Critical Area Sensitive Areas Ordinance ' _ un ereign d owner and /.e eloper of real property IoEai i at `J- p . .. .• - /,. and more specifically es r tied in Exhibit h attached hereto, hereby agrees, pursuant to the requirements of Tukwila Ordinance No.'s 1544 and 1550, that if the City of Tukwila will process the following applications: IMAIVt. OP - rni 5E1461711/6 AIW6 '4fiO4glO RECD F Agreement To De Subject 110937 le NlOKAM IOM FOR S 'Dt RUI RE.FEE 2.00 1 CgSHSL ** *41.00 the development of the property described in Exhibit A will be subject to all of the Sensitive Areas Ordinance provisions as finally passed by the City Council even though those provisions may be more restrictive than any conditions or limitations imposed by or rearming from the processes described above. The Undersigned ngr:e(s) that these processes will be continued solely at their cis +: and expense and that the result of the final Sensitive Area Ordinance may be to require extensive project modification and re- evaluation or recision of the above approvals. It is also understood and agreed that continuation of these processes does not mean that applications not pending on November 20, 1989, for this project, will be accepted or processed unless the City Council approves a petition therefor. The undersigned acknowledges that the covenants herein run with the land described in Exhibit A and that this document will be recorded with the king County Department of Records and Elections and that these covenants cannot be released without the written consent of the City of Tukwila. -r- 1„14N11NO DEPT. STATE OF WASHINGTON. ) ) es. COUNTY OF RING Landowner Applicant X On this day personally appeared before me , to me known to be the individual described in and who executed this instrument, and acknowledged that s /he signed the same as a free and voluntary act for the uses and purposes herein mentioned. a/aAL S X bated Ple[iVi[EM [ PR12 1991 CITY OF TUKWILA , 199 .i No a Publ c in an • for e State N shington, residing at . appointment exp rea __ FILED DV 111IC160 ilia APR 1991 That portion of the Henry Header bonation Claim Po. 46, Sections 24 and 251 Township 2i Worth, Range 4 East, Willamette Meridian, in King county,- Atate Washington ,end designated by Zing County Assessoree office ad Taft Lot 11, lying Went of the Burlington Northern Railroad Plight -ot =Way, Zest of the Union Pacific Relltaed night- of- Wsy,and south of a line 137 feet Booth of the North line Of said Donation Chau and North of the City of Seattli Wow Lake Pipeline Right'of -Way. Together With that portion of the Plenty Header Donation claim No. 46 dseofibed above, beginning on the 2H Line of Primary State Highway Ho..1 Green River Interchange At Highway Engineering Station 2M 141 + 15.17 Point of Tangency "V" 0 +00, Thence North 57 -07 -32 East along raid "y" Line 410.74 ft. to intersection with the Westerly Margin of Puget Sound Power i Light !tight -of -Way, Thence Southerly alemq the Westerly Hight-of-Way Margin to A point 20 ft. South of, 0418eured at Right Angles to the Easterly Produced Line of the above- deecribml "Y ", Thence North e7 -00 -04 East 109 ft. to Easterly Met>lin of Puget Sound power R Light Wight -of -Way to the POINT OF BEOINIIINdt Thence aontinUinq North 67 -06 -04 East 124.74 ft. to Westerly Margin of Union Pacific RAilroad Right-of-Way, thence North 03 -40 -04 East along the Westerly Right -of -Way Margin to the Southerly Margin of Lot 1 of the City of Tukwila Boundary Line Adjustment No. e1 -36 SPE Recording No, 11111090569, Thence South 57 -13 -29 West 127.45 ft., Thence South 01 -26 -34 East to the POINT OF BEOINNINO. ( SUBJECT Tot Q7 Easement granted .to the city of Tukwila dated December 15, 1973, recorded February B, 1974, tinder Receiving No. 74020603651 C? Easement granted under inetkument recorded under Receiving Q1 No. 34603491 Easement to be 'granted to the city of Tukwila for storm drainage purposes over,the westerly i0 of the Property. j ijj En[i L APR 21991 CITY OF TUKWILA PLANNING DEPT. • March 26, 1991 CITY OF TUKWILA fi20O SOUTl/CI NTER BOULEVARD, TUKWILA. WASHINGTON 98188 Mr. Stuart McLeod McLeod Development Company 213 Lake Street South Kirkland, WA 98033 RE: Sensitive Areas Agreement for Tax Lots #242304- 9034 -02, #000580 - 0023 -03, #252304- 9006 -05 Dear Mr. McLeod: In August 1990, the City Council granted you a waiver to the Sensitive Areas Moratorium for the above parcels. Filing a signed Sensitive Areas Waiver Agreement was a condition of this waiver approval. At present, it appears that the project does not fully comply with this condition. Attached is a copy of the Sensitive Areas Waiver Agreement which you signed on 8/29/90. To be valid, this agreement must be filed with King County Department of Records with a legal description for each parcel. After filing, please return a copy of the agreement, showing the King County Records' recording number stamped on it, to the Department of Community Development for our files. To process any permit applications for the exhibition enter, a copy of the filed Sensitive Areas Waiver Agreement must •e provided to the Department of Community Development. Failure o return the filed copy to us may result in delays or a hold • n the project permits. If you have any questions regarding the Sensi ve Areas Moratorium or the attached agreement, please contact m= at 431 -3670. Sincerely, Ann Siegent Assistant Planner cc: File ::;;9.0- 32 -SPE File EPIC -26 -90 PHONE q 1206) Gary L. V:nDusen, Alayur 4170,efCCa,UPd q/e2 1 0 1 /1 1 ): oq0163i05 0 no1 t m,pwie) CITY OF TUKWILA rz oo SOUTHCENTER BOULEVARD, TUKWVILA, WASHINGTON 98188 / March 26, 1991 Mr. Stuart McLeod McLeod Development Company 213 Lake Street South Kirkland, WA 98033 RE: Sensitive Areas Agreement for Tax Lot 000580 - 0013 -03 (Nelsen property) Dear Mr. McLeod: As we discussed on March 6, 1991, the property owner's signature on the Sensitive Areas Waiver Agreement is required for all property which is involved in the McLeod Exhibition Center project. You have signed the required Sensitive Areas Waiver Agreement for Tax Lots 242304- 9034 -02, 000580- 0021 -03, and 252304- 9006 -05. Helen Nelsen's signature is required for the above property. As you suggested, I am enclosing a copy of your Sensitive Areas Waiver Agreement, and a letter to Miss Nelsen with a new agreement so that you may review these materials with her. Please note that the signed agreement must be filed with King County Department of Records and a filed copy returned to the Department of Community Development. Should either you or Miss Nelsen have any questions concerning these materials, please let me know. Sincerely Ann Siegen hiler Assistant Planner cc: ::File 90 32 = SPE ` File EPIC -26 -90 Helen B. Nelsen PHONE It (209) 433.1899 Gary L. VanDirscn, Mayor MILES CONSULTING • a TEL No.206 -643 -0865 MILES CONSULTING t 411413$ SUITE II I - SLOG 2 TO: C_.V \0V _ tk. r eytr.1ti1 . COPY TO: ATTN: .r , ` ► c ► ,.. 't- hi rt. Z Mar 12,91 12:23 No.004 P.01 SETT. OF TRANSMITTAL WV k [MAR 2 1991 (.jT" 1 ' T. iru'y.a pt.ANNlNG DEPT. DATE 1 `t, ilkd .. t X11 PAGES t , FAX # SCoC"S". f'vC,V4 4) +h c-A. u a Y " kik- ' r%. ex%4 ~ ' 2„ .. ..t .a 1.J► 'r.. , . e(4., TIRSz'`2 ~3•V w N "c\J cT < 1 `I'r V«f . t 1 v.A •a, ( t.( {fit +, 5 . 1 >1 '`1 T1A 0 F 1 , ti'tiEvkler--q • ∎PA c O ga_ as rJ r>r i wJ • vV\ L t N %S. I i C 64tW.►JVS ` ALL C et-N% C, (0 ' 'eC +dZ 0 k?"' \J1 0 \'k ■*3.4 LCrvr Prepared for STEWART MCCLOUD 213 LAKE STREET S. KIRKLAND. WA 98033 ATTN: STEWART DESCRIPTION: TEL No.206- 643 -0865 C TRANSAMERICA TITLE INSURANCE CO. 320 108th Avenue N.E. Bellevue. WA 98004 LIMITED LIABILITY CERTIFICATE Order No.; 0820764 Charge: $820.00 Tax : $ 25.92 Total : $345.92 ar 12.91 12:23 No.004 P.02 This is a report as of November 28, 1989 at 8:00 A.M. at 8:00 A.M.. covering the property hereinafter described. The information contained herein is made solely for the purpose of determining the status of the property described herein, is restricted to the use of the addressee, and is not to be used as a basis for closing any transaction affecting title to said property. Liability is limited to the charge Made for this certificate. THAT PORTION OF HENRY MEADER DONATION CLAIM NO. 48 IN SECTIONS 24 AND 26. TOWNSHIP 23 NORTH, RANGE 4 EAST W.M.. LYING WEST OF THE BURLINGTON- NORTHERN RAILROAD RIGHT -OP -WAY, EAST OF THE OREQON- WASHINGTON RAILROAD AND NAVIGATION COMPANY RIGHT -OF -WAY AND SOUTH OF A LINE 137 FEET SOUTH OP THE NORTH LINE OF SAID DONATION CLAIM AND NORTH OF THE CITY OF SEATTLE BOW LAKE PIPELINE RIGHT -OP -WAY; SITUATE IN THE CITY OF TUKWILA. COUNTY OF KING. STATE OP WASHINGTON. VESTED IN: HELEN B. NELSEN, AS HER SEPARATE ESTATE EXCEPTIONS: 1. General taxes, as follows, together with interest, penalty and statutory foreclosure costs, if any, after delinquency: (1st half delinquent on May 1: 2nd half delinquent on November 1) TAX ACCOUNT N0. YEAR AMOUNT BILLED AMOUNT PAID PRINCIPAL BALANCE 000580 - 0013 -03 1989 $5,090.02 $5.090.02 $ .00 MILES CONSULTING Special taxes, as follows, together with interest, penalty and statutory foreclosure costs, if any, after delinquency: (1st half delinquent on May 1; 2nd half delinquent on November 1) TAX ACCOUNT NO. YEAR AMOUNT BILLED AMOUNT PAID PRINCIPAL BALANCE 000580- 0013 -03 1989 $ 35.06 $ 35.06 $ .00 The levy code for the property herein described is 2340 for 1989. 2. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE; PURPOSE: AREA AFFECTED: DATED: RECORDED: RECORDING NO.: TEL No.206- 643 -0865 Mar 12,91 12:23 No.004 P.03 3. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: DISCLOSED BY: PURPOSE: AREA AFFECTED: 4. LEASE AND THE TERMS AND CONDITIONS THEREOF: LESSOR: LESSEE; FOR A TERM OF: FROM: DATED: RECORDED: RECORDING NO.: City of Tukwila Sanitary sewers The West 10 feet of the South 30 feet of the property herein described and other property December 15, 1973 February 8, 1974 7402080385 Instrument recorded under Recording No. 3480349 Road purposes The description contained therein is not sufficient to determine its exact location within the property herein described. Helen B. Nelsen AMPCO Auto Parks. Inc. 10 years January 1, 1981 December 19, 1980 December 23, 1980 8012230663 Said lease was amended by instrument dated August 16, 1980 and recorded August 21, 1985 under Recording No. 8508211022. (Covers portion of property herein described and other property) 5. Numerous items of record against parties with names similar to Helen B. Nelsen, the effects of which cannot be determined without the showing of proper identification. It is requested that the attached questionnaire be properly completed and returned to this Company to assist us in establishing the identity of Helen B. Nelsen. PAGE 2 0820784 MILES CONSULTING NOTE 1: Assessed Valuation: Land Improvements NCR /ja TEL No.206 -643 -0865 PAGE $417,700.00 TRANSAMERICA TITLE INSURANCE COMPANY BY 1 12,91 12:23 No.004 P.04 For service on this order, call: 648 - 8808/828 -3204 HARRY 0. DREW, GAYLE DOUCE or LOU KOVITZ (FAX *848 -8876) bar ft. Oa) ULTING TEL No.206 -64 - 0865 Mar 12.91 12 23 No.004 P.05 ORDER NO. ESCROW NO. LOAN NO. MORTGAGOR PLAT MAP Vol PG This map does not purpr- to show al highways, roads of easements affecting *Aid 11817iiit4 1s A. MILES CONSULTING TEL No .206- 643 -0865 Concur • CITY OF T1I11 W1LA itO�v SOUNCENTIR I1 VLERARA 1 uIINILA. M'A1NINCIQNNIa PHONE OOP 431.I100 Owe L rah" Mow TO. Mick Beeler "'Roil Moss neilorpA o,►on s October 12,1990 A5 *58th Street Storm Drain, SAO Moratorium The Public Works 1epartmsnt has received s permit application for the construction of a public storm drain along 108th. The storm drain will cross parcel numbex 000580 ..0013 -03• This parcel also contains the northern boundary of wetland no. 12, as shown on the City's sensitive area map. This would prevent processing the permit due to the moratorium. However, it is my understanding that the boundary has been reviewed, and that the changes to the boundary show that no part of the wetland is on the subject property. Since updated maps .are not . yet available, Y need some confirmation that the moratorium does not apply to this parcel, and that I can process this permit without del :. Please review the. attached map', and indicate you approval by signing below. ' R e oe erg • Director of Community Development 10lMOIUItIDUX .1 grr F.P 30,90 15:26 No .003 P.01 PN6 cOONTt ° in 03 10,50 RV:Ma oil 101/40 Agreement To Be Subject To A Sensitive Areas Ordinance The undersigned owner and developer of real property located at - - ,uo and more specifically described in Exhibit A attac ed h-reto, hereby agrees, pursuant to the requirements of Tukwila Ordinance No.'s 1544 and 1550, that if the City of Tukwila will process the following applications: A}e4 /re2 d Se/us / � T /l/�f'.�',�5 �i' l�/'C� /U� /lJ/Yf C7r -5Z731 A v /e W the development of the property described in Exhibit A will be subject to all of the Sensitive Areas Ordinance provisions as finally passed by the City Council even though those provisions may be more restrictive than any conditions or limitations imposed by or resulting from the processes described above. The Undersigned agree(s) that these processes will be continued solely at their risk and expense and that the result of the final Sensitive Area Ordinance may be to require extensive project modification and re- evaluation or recision of the above approvals. It is also understood and agreed that continuation of these processes does not mean that applications not pending on November 20, 1989, for this project, will be accepted or processed unless the City Council approves a petition therefor. The undersigned acknowledges that the covenants herein run with the land described in Exhibit A and that this document will be recorded with the King County Department of Records and Elections and that these covenants cannot be released without the written consent of the City of Tukwila. STATE OF WASHINGTON ) ss. COUNTY OF KING ) On this day personally appeared before me j rvter At t a .0 , to me known to be the individual described in and who executed this instrument, and acknowledged that s /he signed the same as a free and voluntary act for•the uses and purposes herein mentioned. Dated % - 2 2 , 1990 Ngfary Public in and ate of Washington, at appointment expires for the residing . My Parcel #1 :'ax Lot 242304 -9 39)-02 DESCRIPTION: • Parcel #2 Tax Lot 000580 -0 DESCRIPTION: 4.70 Ac THAT PORTION OF GOVERNMENT LOT 8 IN SECTION 24, TOWNSHIP 23 NORTH, RANGE 4 EAST N.M.. AND THE HENRY MEADER D. C. NO. 48 IN SAID SECTION 24, DESCRIBED AS FOLLOWS: BEGINNING ON THE EAST LINE OP THE CHICAGO MILWAUKEE AND ST. PAUL RAILWAY RIGHT -OF -WAY 137 FEET SOUTH OF THE NORTH LINE OF SAID HENRY MEADER D.C. NO 46; THENCE EASTERLY PARALLEL TO SAID NORTH LINE OF THE D.C. 285.54 FEET, MORE OR LESS, TO THE WEST LINE OP THE NORTHERN PACIFIC RAILWAY RIGHT -OF -WAY THENCE NORTHERLY AND NORTHWESTERLY CURVING TO THE LEFT ALONG SAID WEST LINE OF THE RIGHT -OF -WAY 916 FEET, MORE OR LESS, TO THE SOUTHERLY LINE OF THE RENTON JUNCTION COUNTY ROAD NO. 1139 (SOUTH 153RD STREET); THENCE SOUTH 80 WEST ALONG SAID SOUTHERLY LINE OF COUNTY ROAD 80.7 FEET, MORE OR LESS, TO THE EASTERLY LINE OF SAID CHICAGO MILWAUKEE AND ST. PAUL RAILWAY, RIGHT -OP -WAY; THENCE SOUTHERLY ALONG SAID LINE OP RIGHT -OP -WAY 881 FEET, MORE OR LESS, TO THE BEGINNING; TOGETHER WITH THAT PORTION OF VACATED SOUTH 153RD STREET ADJOINING, WHICH UPON VACATION ATTACHED TO SAID PROPERTY BY OPERATION OP LAW; EXCEPT PORTION THEREOF CONVEYED TO THE STATE OP WASHINGTON FOR PRIMARY STATE HIGHWAY NO. 1, JCT. SSE 2 -M TO JCT. PSH NO. 2 IN RENTON, BY DEED RECORDED UNDER RECORDING NO. 5507460; SITUATE IN THE CITY OP TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. 03 9.60 Ac THAT PORTION OF HENRY MEADER DONATION CLAIM NO. 48 IN SECTIONS 24 AND 25, TOWNSHIP 23 NORTH, RANGE 4 EAST M.M.. LYING WEST OF THE BURLINGTON- NORTHERN RAILROAD RIGHT -OF -WAY, EAST OF THE OREGON - WASHINGTON RAILROAD AND NAVIGATION COMPANY RIGHT -OF -WAY AND SOUTH OP A LINE 137 FEET SOUTH OP THE NORTH LINE OF SAID DONATION CLAIM AND NORTH OF THE CITY OP SEATTLE BOW LAKE PIPELINE RIGHT -OF -WAY; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. Parcel #3 Tax Lot 000580 -0 Parcel #4 Tax Lot 252304 - 9061 -05 DESCRIPTION: -03 2.45 Ac 6.70 Ac ALL THAT PORTION OP GOVERNMENT LOT 11 AND ALL THAT PORTION OF HENRY MEADER DONATION CLAIM NO. 46 IN THE NORTH 1/2 OF THE NORTHWEST 1/4 AND THAT PORTION OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 ALL SITUATED IN SECTION 25, TOWNSHIP 23 NORTH, RANGE 1 EAST N.M.. BOUNDED AS FOLLOWS: ON THE WEST THE CHICAGO, MILWAUKEE AND ST. PAUL RAILWAY MAIN TRACK CENTERLINE AS LOCATED AND CONSTRUCTED, AS CONVEYED BY DEED RECORDED UNDER RECORDING NOS. 453941 AND 453943; ON THE EAST BY A LINE DRAWN PARALLEL WITH AND DISTANT 50 FEET WESTERLY MEASURED AT RIGHT ANGLES TO BURLINGTON NORTHERN RAILROAD COMPANY'S OLD MAIN LINE TRACK CENTERLINE AS NOW LOCATED AND CONSTRUCTED; ON THE SOUTH BY A LINE DRAWN PARALLEL WITH AND DISTANT 330 FEET SOUTHERLY AT RIGHT ANGLES TO THE SOUTH LINE OP SAID GOVERNMENT LOT 11; ON THE NORTH BY THE SOUTH MARGIN OF THE CITY OF SEATTLE'S 30 FOOT WIDE BOW LAKE PIPELINE RIGHT -OF -WAY, AS CONVEYED TO THE CITY OP SEATTLE, BY DEED RECORDED UNDER RECORDING NO. 4131067; EXCEPT THAT PORTION THEREOF, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH LINE OF SAID DONATION CLAIM AND THE EAST MARGIN OF THE CHICAGO, MILWAUKEE, ST. PAUL & PACIFIC RAILROAD. RIGHT -OF -WAY; THENCE EASTERLY•A DISTANCE OF 120 FEET ALONG SAID SOUTH LINE OF SAID DONATION CLAIM; THENCE NORTHEASTERLY MEASURED AT RIGHT ANGLES TO SAID SOUTH LINE A DISTANCE OF 80 FEET: • THENCE WESTERLY PARALLEL WITH SAID SOUTH LINE TO SAID EASTERLY MARGIN OF SAID CHICAGO, MILWAUKEE, ST. PAUL & PACIFIC RAILROAD RIGHT -OF -WAY; THENCE SOUTHERLY ALONG SAID RAILROAD RIGHT -OF -WAY TO THE POINT OF BEGINNING; EXCEPT ALL COAL AND MINERALS AND THE RIGHT TO EXPLORE FOR AND MINE THE SAME, AS CONVEYED BY DEEDS RECORDED UNDER KING COUNTY RECORDING NOS. 8404050908 AND 8404050909; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING. STATE OF WASHINGTON. Minutes - Regular Meeting September 4, 1990 Page 2 PUBLIC HEARINGS Request for Waiver to Ord. #1550 - (moratorium) Horton Denms/Water District #125/Waterline Improvement Hearing Closed at 7:29 p.m. que Rest for Waiver - to R .t. fo (mo atojium) MC r :F.:,t D - �, lbpmontaCo. Hearing Closed - 8:06 p. Mayor VanDusen declared the public hearing open. Rick Beeler, Director of Community Development, told Council that the applicant proposes to replace the existing two inch water line on 146th between 46th and 51st Avenue South. The easterly portion of the project, with slopes in excess of 29 percent, is affected by the moratorium. This project will not only replace the existing undersized line but also extend the line to 51st. The extension will provide water for fire protection in an area not currently serviced. Public Works has requested erosion control of the storm drainage during the project. Mr. Beeler added that this is an essential utility and does not feel approval of the waiver should hinge upon the applicant conforming to the adopted Sensitive Areas Ordinance. Roger Eberhart, consulting engineer, commented that there were no trees of significant size in the right -of -way. He added that when construction is complete, water bars will be placed across all disturbed soil to divert any erosion into the native grasses and brush at the site. The area will be covered with jute matting to stop any sheet erosion between the water bars. MOVED BY RANTS, SECONDED BY DUFFLE, TO APPROVE THE REQUEST FOR WAIVER ON THE BASIS OF SAFETY; THE PUBLIC WORKS DEPARTMENT WILL BE RESPONSIBLE FOR THE SUPERVISION OF GRADING AND EROSION CONTROL* Councilmember Robertson suggested adding the standard contract to be signed as has been required from other applicants. City Attorney John Colgrove responded that the ordinance that provides for the waiver dots not require the agreement. The agreement is a condition that Council imposes in each instance. *MOTION CARRIED. WAIVER IS GRANTED WITH CONDITIONS. The public hearing was opened by Mayor VanDusen. Rick Beeler explained that the applicant is pursuing a complete SEPA review, rezone, and all permits to construct a 170,000 square foot convention center /exhibition facility west of Longacres Racetrack, between the railroads rights -of -way, and north and south of So. 158th Street. Much of the south part of the property lies within Wetland Area #12. The soils sampling was done by the applicant's consultant. A discrepancy appears between the Jones and Stokes wetlands study and the applicant's consultant report regarding where the wetland exists and what type of wetland it is. Mr. Beeler recommends that the applicant sign the normal waiver agreement contract, whereby he agrees to conform to the finally adopted SAO. Don Miles, project engineer for the applicant, stated that this project has been submitted to the Corp of Engineers for certification. McLeod's wetland biologist determined that at the fringes of the property, there is only a slight area draining into the wetlands to the south. The majority of the property drains to the north. Mr. Miles noted a hardship for the applicant m that work can only occur when Longacres is not operating. Councilmember Robertson commented that with the final SAO being completed within the next two months, the applicant's request for all processes appears to be unnecessary. They will need to go through the SEPA process before they can do the rezone or all of the utility. permits. MOVED BY ROBERTSON, SECONDED BY RANTS, TO GRANT THE WAIVER tFOR . THE :SEPA `PR o ° - ONLY, SUBJECT TO THE APPLICANT SIGNING THE NORMAL AGREEMENT TO CONFORM TO FINALLY ADOPTED SAO.* September 4, 1990 7:00 p.m. CALL TO ORDER ROLL CALL OFFICIALS CITIZEN COMMENTS CONSENT AGENDA BID AWARD Reconstruction of Fair- way Tees and Construct- ion of 17th Fairway at Foster Golf Links Regular Meeting MINUTES e yor VanDusen called the Regular Meeting of the T City Council to order and led the audience in the pledge of Allegiance. JOA14IERNANDEZ, Council President; DENNIS ROBERTSON; CLARENCE MORIWAKI; STEVE LAWRENCE, JOHN RANTS. MOVED $,Y MORIWAKI, SECONDED BY/ IERNANDEZ THAT COUNCIL MEMBERS DUFFIE AND EKBERG BE EXCUSED. MOTION CARRIED. JOHN COLGROVE, City Attorney; JO . McFARLAND, City Administrator; RICK BEELER, Direct r, Office of Community Development; ALAN DOERSCHE inance Director; DON WILLIAMS, Parks and Recreation ector. Scott Nangle, 14140 - 5011 Ave SO voiced his disappointment in not receiving an invitation to attend e Finance Committee meeting on burning policies. Mr. Nang n ' ed he had been responsible for informing the Council of relat : d issues in some neighborhoods. Councilmember Lawrence a o • gized for the oversight and explained that usually the committee ee gs are attended by Councilmembers only; however, all meetin h are op n to the public without invitation. TUIKWILA CITY COUNCIL Councilman Duffle arrived at the melting._ August 20,\1990 a. Approval of Minutes: b. Approval (Vouchers General Fund City Street Arterial Street Land Acq., Building, Dev. Water Fund Sewer Fund Waiter/Sewer Construction Foster Golf Course urface Water (412) uipment Rental ' Firemen's Pension TOTAL Tukwila City Hall Council Chambers $89,520.96 10,018.28 47,579.83 4,088.32 42,704.94 610.83 \ .00 17488.05 1,029.26 9,006.65 3,589.40 $225,636.52 MOVED BY DUFFLE, SECONDED BY LAWRENCE, THAT THE CONSENT AGENDA BE APPROVED AS SUBMITTED. MOTION CARRIED. MOVED BY MORIWAKI, SECONDED BY DUFFLE TO AWARD THE CONTRACT FOR THE RECONSTRUCTION OF THE 4TH, 7TH, AND 15TH TEES AND FAIRWAY CONSTRUCTION AT FOSTER GOLF LINKS TO HI GRADE ASPHALT CONSTRUCTION COMPANY IN THE AMOUNT OF $169,977.72. MOTION CARRIED. Minutes - Regular Meeting September 4, 1990 Page 3 Public Hearings (con't) Request for Waiver - McLeod Development Co. OLD BUSINESS Ordinance Amending the 1990 Budget and Appropriating Expenditures for Cascade View Annexation Services Consideration of Human Services Plan Councilmember Moriwaki noted that there are huge doubts regarding the buffers. Councilmember Lawrence responded that the SEPA would answer some of those question. Councilmember Duffle remarked that Council is trying to grant something that in the future may need to be torn down when the SAO is finally adopted. Council President Hernandez indicated she had no objection to granting the waiver for the SEPA process. Councilmember Robertson added that the SEPA review would provide more data. Councilmember Moriwaki noted that he still has doubts regarding the wetlands area given that the City's consultant and the applicant's consultant disagree. Councilmember Rants agreed with the motion. *MOTION CARRIED WITH DUFFLE AND MORIWAKI VOTING NO. IT WAS MOVED AND SECONDED THAT COUNCILMEMBER DUFFIE BE EXCUSED TO ATTEND A NATIONAL GUARD MEETING. MOTION CARRIED. MOVED BY MORIWAKI, SECONDED BY HERNANDEZ, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. Attorney Colgrove read an Ordinance of the City Council of the City of Tukwila, Washington, amending the 1990 budget adopted by Ordinance No. 1552, to transfer a portion of estimated Ending Fund balances and working capital from the General, Street, Foster Golf Course, and Surface Water funds; appropriate unanticipated revenues from the Cascade View annexation for sales tax, property tax, and Fire District 11 transfer; and appropriating expenditures for Cascade View annexation services and other mid -year adjustments and establishing an effective date. MOVED BY MORIWAKI, SECONDED BY LAWRENCE, THAT THE PROPOSED ORDINANCE BE ADOPTED AS READ.* Mayor VanDusen stated that he in light of the issues brought up at the retreat regarding fiscal policy, he cannot support all 19 positions. If all positions are approved, it is possible that some of the new funding sources and new initiatives for 1991 may be restricted. He urged the Council to take a closer look at the long term financial picture. Council reviewed the list of requested positions, capital and equipment needs. Following a lengthy discussion, it was the consensus of the Council to send this issue back to the administration to re -work into a firm proposal which includes whatever the administration feels is appropriate, plus the Urban Environmentalist position. *Councilmember Moriwaki withdrew his motion. Councilmember Lawrence withdrew his second. MOVED BY ROBERTSON, SECONDED BY LAWRENCE, TO POSTPONE THE DISCUSSION TO THE COMMITTEE OF THE WHOLE MEETING ON 9/10/90. MOTION CARRIED. MOVED BY RANTS, SECONDED BY ROBERTSON, TO APPROPRIATE $40,000 FOR HUMAN SERVICES.* Wendy Morgan, Human Services Consultant, commented that she is developing a recommended budget for 1991 and an implementation plan about how to manage a human services program. The increase she is proposing with the current contract agencies are in response to what appeared in the human services profile as "Family Support Services'. Minutes - Regular Meeting September 4, 1990 Page 4 Old Business (con't) Consideration of Human Services Plan NEW BUSINESS Budget Transfer Motion for Foster Golf Links Tee and Fairway Reconstruct- ion REPORTS ADJOURNMENT 10:02p.m. In an effort to let people know where services are available, she proposes an information and referral system in City Hall. One for 24 hour use in the police department; for day use, upstairs in City Hall. By modem it would be possible to contact the Cnsis Clinic for information relating to services and how to access them. Ms. Morgan also proposes to distribute bookmark cards to highly visible public places within the City for access by Tukwila citizens. She requests that an additional $9,000 be appropriated for the following: installation of phone lines and initial prmting costs; extension of contract for services. * *MOVED BY ROBERTSON, SECONDED BY MORIWAKI, TO AMEND THE MOTION AND INCREASE THE AMOUNT TO $51,000 TO INCLUDE THE CRISIS CLINIC INFORMATION ACCESS \AND THE INFORMATION CARDS. * *MOTION CARRIED WITH RANTS VOTING NO. *MOTION,CARRIED AS AMENDED WITH RANTS VOTING NO. MOVED BY APPROVE AMOUNT OF FAIRWAY RE Mayor VanDusen st County for library se following: invite King the Council; schedule a budget for one more yea alternatives. ORIWAKI, SECONDED BY HERNANDEZ TO BUDGET TRANSFER MOTION IN THE 17,000 FOR FOSTER GOLF LINKS TEE AND NSTRUCTION. MOTION CARRIED. ted that if the City cl noses to remain with King ces, costs will in ounttyy Library S ublic hearing of service t G ry L. Van Dusen, Mayor --- ii, A t _tv 20.-se„e:d _ J Cantu, City Clerk ase. He recommends the ces to give a presentation to n the issue; negotiate 1991 allow more time to investigate Councilmember Robertson report = d that the Transportation Committee is considering putting . igns up in certain areas prohibiting parking along collector or arte streets as an interim safety measure until the sidewalks are poured. obertson also advised the Council of a wetland area from the Casca a iew annexation that is being used as a dump site. He will meet th . representative from the Department of Ecology on S ptem • r 7 at 8 a.m. to tour the site. Councilmember Lawrence eported t ' : t the reservoir is do to come on line soon. All property wners will • - notified of the pressure tests being conducted. Councilmember Rants eported on vario issues discussed in a meeting with Congres inan McDermott. Don Williams repo ed that the Parks and R reation Day Camp summer program ought in $31,610; however, actual costs of the program totalled pproximately $44,000. Next ar they hope to expand the plan to include morning and after sch !programs. Ross Earnst reported that S. 180th Street, between est and East Valley Highways, will be closed Saturday and Sunda September 8 and 9, for replacement of rubberized railroad crossin One lane in each direction will be closed Monday and Tuesday, September 10 and 11. MOVED BY ROBERTSON, SECONDED BY HERNANDEZ, THAT THE MEETING BE ADJOURNED. MOTION CARRIED. vt Qb i 1 1 4 ;-1- - 1 1 TEi 1 1E 1 • • !'COOo .. W7V 71Q09t• 1 I __I_ _1 1= ... I 1 1 I wools move ti A11 Yoo9M ..T }ti . _ . A maincomusasse sauna era ' TRADE CENTER .. I FLOOR PLAN A ENTRY I I - • - • ID FLOOR I-71-1-1 as ••• Ui. INIIIPIAV 1171 MAO 0011001.10-0-4100010..—■—■ ^Am. '15c), 'D•vl ENTRY r 6 10-32.-sfZ a . COMO noes V 7 ATTACHMENT B Ass' ro c 14. et 2 ii , 0 :. s ! i i .z..4tj _ iii.L .,1 47 1_, t •' 4 . . z. V , 4.--,.-1-.4.f ',... • • • , i - 1 . 4 ci ! 1.' :Y. 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POINTS TUKWILLA SITE McLEOD DEVELOPMENT COMPANY SCALE: 1" = 100' BURLINGTON NORTHERN ..RAILROAD z 1 a N a g METRO SANITARY SEWER - 'PUGET SOUND POWER AND LIGHT SUBSTATION WET] McLEOD DEW o i ill WETLAND AREA - :ii W I H a i t goo LIGHT SUBSTATION BURLINGTON NORTHERN RAILROAD METRO SANITARY SEWER 1 I FIGURE 4: WETLAND DELINEATION TUKWILLA SITE McLEOD DEVELOPMENT COMPANY ATTACHMENT E COLLECTOR AUCTIONS MCLEOD DEVELOPMENT COMPANY City of Tukwila 6300 Southcenter Blvd. Tukwila, WA. 98188 Honorable City Council Members Ref: Request for Waiver of Sensitive Areas Moratorium Respectfully, McLeod Development Compan McLeod Group, Inc. 213 LAKE STREET SOUTH KIRKLAND. WASHINGTON 98033 12061822 -4114 APPENDIX 1 August 27, 1990 The McLeod Development Company is requesting a waiver from the Sensitive Areas Moratorium so that it might proceed with its proposed Exhibition Facility. A continued delay in the processing of permits and construction of specific project aspects which can only be acc- omplished at designated time is a hardship on the project. We have provided a skematic site plan showing the proposed building footprint location and the immediate parking lots. Also enclosed is a map showing wetland deliniation grid. The property being used for the south parking lot extends into the City of Tukwila desig- nated Sensitive Area #12. The McLeod Development Company has retained the firm of Water- shed Dynamics to conduct a wetlands deliniation of that portion of Sensitive Area #12 ex- tending into the project. The basis of their study has been carried out in accordance with the latest criteria developed by the US Corp of Engineers. A Copy of the study is enclosed for review. The wet land several hundred of feet south of the project property is class one (Unique/ Outstanding). The wet land immediately south of the project site and which extends into the site is class three (Low Concern) having primary vegetation of a mono grass culture. Under the Corp of Engineers criteria we would not be required to have a set back. We believe we have identified those areas which should not be included in Sensitive. Area #12. The method used meets the specific criteria set forth by the Corp of Engineers thus excludes the area by the most strict identification. The City Council waiver of the McLeod Development Company would allow continued development of the project without hardship and continued financial loss while at the same time only allowing development of land which is deliniated out of the sensitive area by the required procedures. STAFF REPORT TO THE CITY COUNCIL PETITIONER: McLeod Development Company PROPERTY LOCATION: West of Longacres Racetrack, between the railroads rights-of-way, and north and south of S. 158th Street. PROPOSAL DESCRIPTION: The petitioner proposes to proceed with environmental review and a rezone application necessary for construction of a convention center/exhibition facility. Waivers are requested for SEPA review. EFFECT OF MORATORIUM: Much of the south part of the applicant's property lies within Wetland Area #12, Sensitive Areas Overlay. The McLeod Development Company is requesting a waiver from the Sensitive Areas Moratorium in order to proceed with a 170,000 sq. ft. Exhibition Facility (Attachments A and B). The applicant feels that the delays in the processing of permits imposed by Ordinance 1544 and its subsequent amendments constitute a hardship to the project. Moratorium Ordinance No. 1544 prevents processing and approval of development-related applications in sensitive areas unless the City Council grants a waiver per Ordinance No. 1550. IMPACT OF THE SENSITIVE AREAS ORDINANCE: The wetland survey, completed by the Jones and Stokes firm in Fall of 1989, did not attempt to identify the exact wetland boundaries in the field (Attachment C). Instead, approximate wetland boundaries were based on field visits and aerial photos interpretation. These approximate boundaries were then transferred to assessors maps. Wetland 12 is overall rated as "high" sensitivity that requires a 100 foot buffer plus a 15-foot setback. The applicant retained a wetlands consultant, Watershed Dynamics, to define specifically the wetland/non-wetland boundary as it exists on the project site. Watershed Dynamics performed a transect survey including soils and vegetation (Attachments D and , E). Page 2 Watershed Dynamics found the actual wetland boundary to be approximately 1000 to .1200 feet farther south than the Jones and Stokes report indicated. Whereas Jones and Stokes found approximately half of the project site to be within the wetland designated as Sensitive Area #12, the applicant consultant found that perhaps one -sixth of the project to in a wetland. These boundary discrepancies will be resolved during the.SEPA and . permit review process. DECISION CRITERIA: Ordinance No 155o states the City Council must use the following criteria to review waiver requests: 1. Intent of the moratorium 2. Best interests of the City weighed against the interests of the individual 3. Circumstances and hardship caused by the. moratorium 4. Damage that could result from strict adherence to the moratorium ATTACHMENTS: A. Site Plans B. Building Floor Plan C. Wetland 12 D. Soil Sample Points E. Wetland Delineation .