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HomeMy WebLinkAbout27621 2 3 4 5 6 71 8 9 10! 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 o:~~._ ~ ° RESOLUTION NO. 2 7 6 2 ~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE CITIES OF SUMNER AND AUBURN RELATING TO POTENTIAL ANNEXATION AREA DESIGNATION. WHEREAS, pursuant to RCW 36.70A.110(2), the Washington State Growth Management Act of 1990 as amended, requires each City within the County to propose the location of an urban growth area; and WHEREAS, the King Countywide Planning Policies adopted and approved by Ordinance 10450 on July 6, 1992 by the King County Council and amended by Ordinance 11446 on July 19, 1994 and ratified by cities within King County, establishes rules for designating potential annexation areas for cities within the countywide urban growth boundary; and WHEREAS, the Pierce Countywide Comprehensive Plan adopted and approved by Resolution No. 92-86 on June 30, 1992 by the Pierce County Council, reestablishes rules for designating urban growth areas for cities within Pierce County; and Resolution No. 2762 July 18, 1996 Page 1 1 2 3 4' 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 WHEREAS, Pierce Countywide Planning Policy No. 1 on Urban Growth areas states the County shall designate urban growth areas for the County and each municipality in the County based on consultations between the County and each municipality; and WHEREAS, the Pierce County Comprehensive Plan approved by the Pierce County Council established procedures for the adoption of the Urban Service Areas as part of a Comprehensive Urban Growth Area; and WHEREAS, it is of mutual interest to Sumner and Auburn to resolve the overlaps between the Potential Annexation Areas in order to allow for continued land use and capital facility planning without threat of litigation or appeals. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES AS FOLLOWS: Section l. The Mayor and City Clerk of the City of Auburn, Washington are herewith authorized to execute an Agreement between the Cities of Sumner and Auburn relating to Potential Annexation Area Designation for the purpose of confirming the decision made between Sumner and Auburn for the Resolution No. 2762 July 18, 1996 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 ' 24 25 26 identification of Potential Annexation Area boundaries and Urban Service Areas. A copy of said Agreement is attached hereto, denominated as Exhibit "A", and made a part hereof as though set forth in full herein. Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. DATED and SIGNED this 5th day of August, 1996. CITY OF AUBURN CHARLES A. BOOTH MAYOR ATTEST: Robin Wohlhueter City Clerk APPROVED AS TO FORM: , ~ Michael . Reynolds, City Attorney Resolution No. 2762 July 18, 1996 Page 3 RESOLUTION NO. 938 CITY OF SUMNER, WASHINGTON A RESOLUTION of the City of Sumner authorizing the Mayor to enter into an interlocal agreement with the City of Auburn relating to the resolution of tlrban Service Area conflicts and establishing a frarnework for cooperation. WHEREAS, the City of Sumner desires to resolve outstanding conflicts with the City of Auburn and establish a framework for joint planning and cooperation; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SUMNER, WASHINGTON Section l. That the Mayor is hereby authorized to enter into an interlocal agreement with the City of Auburn regarding resolution of outstanding Urban Service Area conflicts and establishing a framework for joint planning and cooperation, a copy of which is attached hereto and made a part hereof. ADOPTED AND APPROVED this 15th day of July, 1996. , Mayor Attest: ; ~ ; City Clerk Approved as to form: City Sorney CITY CLERK'S OFFICE AUG 2 q CITY OF AUBURN , ! , 25 West Nlain Auburn, •VifA 98001 AN AGREEMENT BETWEEN THE CITIES OF SUMNER AND AUBURN RELATING TO POTENTIAL ANNEXATION AREA DESIGNATION ~ THIS AGREEMENT is entered into on this 16thday of JU 1, y, 1996, by and between the g City of Sumner, a municipal corporation of the State of Washington (hereinafter referred to as s "Sumner") and the City of Auburn, a municipal corporation of the State of Washington = (hereinafter referred to as "Auburn"). ~ WHEREAS, pursuant to RCW 36.70A.110(2), the Washington State Growth i Management Act of 1990 as amended, requires each city within Pierce County to propose the m location of an urban growth area; and ~ WHEREAS, the King Countywide Planning Policies adopted and approved by S Ordinance 10450 on July 6, 1992, by the King County Council and amended by Ordinance ~ 11446 on July 19, 1994 and ratified by cities within King County, establish rules for designating ~ potential annexation areas for cities within the countywide urban growth boundary; and C; W 1 WHEREAS, King Countywide Planning Policy LU-31 states that each city shall ~ C designate a Potential Annexation Area (PAA) in collaboration with adjacent counties and cities ~t and King County, and in consultation with residential groups in affected areas; and O ~ WHEREAS, Pierce Countywide Planriing Policies adopted and approved by Resalutior. No. R92-86 on June 30, 1992 by the Pierce County Council reestablish rules for designating urban growth areas for cities within Pierce County; and WHEREAS, Pierce Countywide Planning Policy No. 1 on Urban Growth areas states "The County shall designate urban growth areas for the County and each municipality in the County based on consultations between the County and each municipality"; and WHEREAS, the Pierce County Comprehensive Plan approved November 29, 1994 by the Pierce County Council establishes procedures for the adoption of Urban Service Areas (USA's) as a part of a Comprehensive Urban Growth Area (CUGA). The plan also adopts Urban Service Areas for the jurisdictions within Pierce County. The plan indicates an overlap of the USA's for the Cities of Auburn and Sumner in the general vicinity of an approved private development called Lakeland; and WHEREAS, it is of mutual interest to Sumner and Auburn to resolve the overlaps between the Potential Annexation Areas in order to allow for continued land use and capital facility planning without threat of litigation or appeals; and WHEREAS, in the spirit of cooperation and mutual understanding, Sumner and Auburn desire to address mutual interests, work together on issues of mutual benefit, and enter into agreements to work constructively on issues of concern; NOW THEREFORE, Exhibit A Resolution No. 2762 August 5, 1996 • eR xxT,i~`7,,,'`!N}'.`'":' ~ ~ . , . . ~ In consideration of the mutual benefits, Sumner and Auburn hereby agree to the terms and conditions as set forth below: SECTION 1. PURPOSE. The purpose of this agreement is to confirm the decision made between Sumner and Auburn for the identification of Potential Annexation Area boundaries and Urban Service Areas. SECTION 2. DEFINITIONS. A. Potential Annexation Area (PAA): is a term used in the King Countywide Planning Polices meaning the incorporated urban area adjacent to a city, within which urban growth shall be encouraged and phased, and which is expected to annex to the city. Annexation is expected to occur sometime during the next twenty (20) years at which time the city will provide services and utilities. For purposes of this agreement, the term Potential Annexation Area is the same as Urban Service Area (USA) as applied in the Pierce County Comprehensive Plan. ~ ~ B. Urban Growth Areas: means areas proposed by the Sumner and Auburn and ~ designated by the county within which urban growth shall be encouraged and passed C and outside of which growth can occur only if it is not urhan in nature. tw,t ~ ;a C. Urban Growth Boundarv: means the boundary marking the limit between the urban ~ growth areas and other areas such as rural and resource area where urban growth is not permitted. The boundary shall be designated by the county in consultation with Sumner and Auburn, under the requirements of the Growth Management Act. SECTION 3. PUBLIC PROCESS. The designation of PAAs in Exhibit A(map) attached hereto and by this reference made a part of this agreement are of interest to a variety of affected parties, including property owners, area residents, the general public, special service districts and the municipalities. SECTION 4. RELATIONSHIP TO EXISTING LAWS AND STATUES. This Agreement shall in no way modify nor supersede existing laws and statutes and is consistent with existing laws and statutes. In meeting the commitments encompassed in this Agreement, all parties shall comply with the requirements of the annexation statutes, Open Public Meetings Act, State Environmental Policy Act, Growth Management Act and Countywide Planning Policies for King and Pierce Counties. SECTION 5. RESPONSIBILITIES. A. Sumner and Auburn acknowledge the PAA boundary described in Exhibit A. Exhibit A Resolution No. 2762 2 August 5, 1996 B. Sumner and Auburn shall only annex territory within their designated PAAs. C. Sumner and Auburn shall conduct a public involvement process that includes, but is not limited to, workshops, surveys, or hearings in areas within the PAA prior to the inclusion of any additional areas within the PAA. SECTION 6. JOINT PLANNING Sumner and Auburn shall work cooperatively together in the planning and delivery of services to the respective PAA to the extent feasible as described below: A. Sumner and Auburn shall initiate discussions between staff to review the feasibility of sharing the costs associated with the construction and operation of a water storage facility. Both cities shall also explore the possibility of shared water resources. B. Sumner and Auburn shall work cooperatively on other issues of mutual concern which may arise including: l. Design, funding, and construction of the 8`h Street Corridor from Lake Tapps ~ Q; to SR 167; N 2. Railroad traffic and the mitigation of increased rail activity on transportation; p 3. Mitigation of stormwater impacts to the valley; N 4. Modifications to the Mud Mountain Dam to reduce base flood levels; ~ 5. Joint fire services and operations such as training, hazardous spill response, ~ mutual aide, and special operations; 6. Bicycle and pedestrian trails connecting the Sumner and Auburn; 7. Watershed planning and management related to the Stuck (White) River and its tributaries; and 8. Joint planning and participation with Pierce County. SECTION 7. AMENDMENTS. A. A city which desires to modify the Potential Annexation Area shall contact the other party to this Agreement to begin discussions regarding potential annexation or boundary amendments. Sumner and Auburn agree to participate in such discussions when called. Either city is authorized to call a meeting upon providing the other city has at least a thirty (30) day written notice. B. The proposed amendments shall be supported by written evidence of a significant change in one of the criteria listed in paragraph 7D below. Sumner and Auburn shall concur that the substantial change warrants an amendment to the original designated PAA. C. A public process shall be conducted regarding an amendment to a potential annexation area as described in 5(c) above. Exhibit A Resolution No. 2762 3 August 5, 1996 D. Criteria for Designation of Potential Annexation Areas 1. Recognition of resident community identification. 2. Financial and technical ability to provide municipal services. 3. Creation of logical service areas (vehicular accessibility and availability of utility service). 4. Recognition of physical boundaries. -bodies of water -topographical features -watersheds -freeways 5. Protection of critical/resource areas significant to a particular jurisdiction. -protection of critical areas -opportunities for urban separators 6. Logical boundaries. -elimination of unincorporated islands ~ -no overlapping potential annexation areas C ~ w E. The proposed amended PAA agreement shall be submitted to the respective ~ '.D legislative authorities for approval. ~ SECTION 8. DURATION AND TERMINATION. This Agreement shall be in effect upon signature of both parties and shall continue in effect from year to year unless terminated by a six month written notice by one party to the others. SECTION 9. SEVERABILITY CLAUSE. Any provision of this Agreement which is declared invalid or illegal shall in no way affect or invalidate any other provision hereof and such other provisions shall remain in full force and effect. Exhibit A Resolution No. 2762 August 5, 1996 4 CECTION 10 ADMINISTRATION. This Agreement shall be administcred by the Mayor of the City of Sumner and the City of Auburn, or their designees. ~ ~ ~ .~1 C C~ G^ ~ CITY OF SUMNER Robert A. Moltke, Mayor Date Attest: Awaaa City Clerk Approved as to form: A orney CITY OF AUBURN Charles A. Booth, Mayor Date Attest: City Clerk Approved as to form: L' L~' City Attorney Exhibit A Resolution No. 2762 August 5, 1996 ~ Q: C~2 C ~ O a~ W cn oop ~ "~,~9 ~ 3'! ~ ~ ~ ~ ~ c~ ~ c 0 ~ ~ c d~ ~ ~ c a~ 0 a Q ~ ~ ~ W Exhibit A Resolution No. 2762 August 5, 1996