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HomeMy WebLinkAbout3313 RESOLUTION NO. 3 3 1 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING AN AMENDMENT TO THE AGREEMENT APPROVED BY RESOLUTION 2762 WHICH AGREEMENT IS ENTITLED "AN AGREEMENT BETWEEN THE CITIES OF SUMNER AND AUBURN RELATING TO POTENTIAL ANNEXATION AREA DESIGNATION" AMENDING THE AGREEMENT TO PROVIDE THAT THE CITY OF AUBURN WILL ACCEPT OWNERSHIP AND MAINTENANCE OF THE RAMPS FOR THE LAKE TAPPS PARKWAY AT THE EAST VALLEY HIGHWAY AND OF A STORM DRAINAGE FACILITY. WHEREAS, at a regular meeting of the Auburn City Council held August 5, 1996 the council adopted Resolution No. 2762 approving the execution of an annexation agreement between the cities of Sumner and Auburn; and WHEREAS, the City of Auburn and Pierce County previously entered into an agreement requiring the City of Auburn to annex the ramps and storm drainage facility; and WHEREAS, the Cities of Sumner and Auburn, together with Pierce County, have participated in discussions which resulted in the three jurisdictions reaching agreement regarding the proposed amendment to change the Potential Annexation Area boundaries around the Lake Tapps Parkway; and Resolution No. 3313 January 11, 2000 Page 1 WHEREAS, the Lake Tapps Parkway, including a storm drainage facility and other associated improvements, have been designed and is currently being constructed by Pierce County through the urban growth areas (UGA's) of both cities; and WHEREAS, this amendment to the original agreement approved by Resolution 2762 allows for a future change to the Auburn city limits if Sumner signalizes the intersection at tlie base of the ramp to allow controlled access to Sumner's golf course; and WHEREAS, the Sumner and Auburn have complied with the requirements of Section 7 of the original agreement which sets forth the process for amending the original agreement; and WHEREAS, all terms and conditions of the original agreement entitled "An Agreement Between the Cities of Sumner and Auburn Relating to Potential Annexation Area Designation" approved by Resolution 2762 on August 5, 1996, a copy of which is attached hereto and denominated as Exhibit "B" and incorporated herein by this reference, remain in full force and effect except as amended by the agreement entitled "An Amendment to an Agreement Between the Cities of Sumner and Auburn Relating to Potential Annexation Area Designation" which is attached hereto and denominated as Exhibit "A" and incorporated herein by this reference; and Resolution No. 3313 January 11, 2000 Page 2 WHEREAS, it is of mutual interest to Sumner and Auburn to amend the agreement between the Cities of Sumner and Auburn to allow the City of Auburn to accept ownership and maintenance of the ramps for the Lake Tapps Parkway at the East Valley Highway and a storm drainage facility. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, KING COUNTY, WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES THAT: Section 1. The Mayor and City Clerk of City of Auburn, Washington are herewith authorized to execute the amendment to "An Agreement between the Cities of Sumner and Auburn Relating to Potential Annexation Area Designation" approved by Resolution 2762 which amendment is entitled "An Amendment to an Agreement between the Cities of Sumner and Auburn Relating to Potential Annexation Area Designation" and attached hereto and denominated as Exhibit "A" which is made a part hereof by this reference as if fully set forth herein. All terms and conditions of the original agreement approved by Resolution 2762 remain in full force and effect except as amended by Exhibit "A". A copy of the original agreement is attached hereto and denominated as Exhibit "B" and incorporated herein by this reference as if fully set forth herein. Resolution No. 3313 January 11, 2000 Page 3 Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. DATED and SIGNED this 0-day of January, 2001. CITY OF AUBURN C/ CHARLES A. BOOTH MAYOR ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: Michael J. Reynolds, City Attorney Resolution No. 3313 January 11, 2000 Page 4 . 200104120385 4 pg Name & Retnrn Address: , PIERCE~~OUNT1(20WASHIN6~ON CITY OF SUMNER ~ • r E~ V ~ ~t5T .Sl.c,wtv~Q,c' c~twl~.t n, i ~-zi ~.lo~rw~-e~ ' : ••1 l~ ,oY M~p e~sf , i t~ l?. D wA 98 Ro ~ APR 2 5 2001 3 ~ ~V.1NITY DEVELAPMEM' Please print legibly or type information. M ~ Document Title (Or transaction contained therein) A v~ A-yv.t-vJwu.rkj- -t-o aw\ ( O CaJI ~j0'kk/h,19,,t 6f S Ul-vVl VQ_.v`' /Tt"'6 iti-✓' v\ Grantor(s) (I,ast name first, then fust name, middle name) c. 6~ S c.~ vv\. ~ Additional Names on Page of Docnment Grantce(s) (Last name first, then first name, middle name) ~ p ~ ~(~1.~ l.l. v~ Additional Names on Page. of Docament Legal Description (Abbreviated: i.e., lot, block & subdivision name or nnmber OR section/township/range and qnarter/qnarter section . Complete Legal Description on Page of Docnment Anditor's Reference Number(s) 1L)0 R,e ,7~er.e-N~ c_- ~ Assessor's Property Tag ParceUAcconnt Nnmber(s) The Anditor/Recorder will rely on the information provided on this cover sheet The staff will not read the docnment to verify the accnracy or completeness of t6e indeaing information provided herein. IF YOU REPRODUCE THIS FORM, BE SURE MARGINS REMAIN 3 INCHES AT THE TOP AND 1 INCH ON SIDES AND BOTTOM. gpcovst.lst 2/98 p0 EXHIBIT A AN AMENDMENT TO AN AGREEMENT BETWEEN THE CITIES OF SUMNER AND AUBURN RELATING TO POTENTIAL ANNEXATION AREA DESIGNATION THIS AGREEMENT is entered into on this 16th day of January, 2001, by and between the Cities of Sumner and Auburn, both municipal corporations of the State of Washington (hereinafter referred to as "Sumner" and "Auburn", respectively), amending the agreement dated July 16, 1996, between the same parties relating to potential annexation area designation. WHEREAS, Sumner and Auburn have adopted comprehensive plans and urban growth areas (UGA's) consistent with the Washington State Growth Management Act, the Pierce County County-Wide Planning Policies, and the Pierce County Comprehensive Plan; and WHEREAS, Sumner and Auburn entered into an Interlocal Agreement dated July 16, 1996, that eliminated potential conflicts and established the location of their common boundary for potential annexation areas; and WHEREAS, Sumner and Auburn, together with Pierce County, have participated in discussions to amend that Interlocal Agreement, in accordance with its provisions for amendment in the vicinity of the Lake Tapps Parkway; and WHEREAS, the Lake Tapps Parkway, including stormwater facilities and other associated improvements, has been designed and is currently being constructed by Pierce County through the UGA's of both Cities; and WHEREAS, Pierce County is entering into agreements with Sumner and Auburn regarding the disposition of the Parkway and associated improvements subsequent to annexation of the improvements by them; and WHEREAS, an agreement between Pierce County and Sumner may include provisions for an access to the Parkway from the Sumner municipal golf course, and for a traffic signal at the intersection of that access road and the Parkway; and WHEREAS, Sumner, Auburn and Pierce County have examined written evidence that the Parkway construction will result in a significant change of conditions that supports an amendment to the common boundary between Sumner and Auburn's potential annexation areas in order to create logical service areas; and WHEREAS, this written evidence includes the stormwater report for the Lake Tapps Parkway, which demonstrates the need for stormwater facilities located north of the future Parkway and west of East Valley Highway, in the current UGA of Sumner, to serve portions of the Parkway in the current UGA of Auburn; and Amendment to Interlocal Agreement between Sumner and Auburn January, 2001 Page 1 of 3 WHEREAS, the evidence also demonstrates these stormwater facilities will serve only a portion of the Parkway, and the Tenace View development as previously agreed by Pierce County, and that no additional capacity is available to serve additional development; and WHEREAS, Pierce County staff has indicated that they support an amendment to the common boundary between Sumner and Auburn's potential annexation areas and annexation petitions consistent with this amendment; NOW, THEREFORE, In consideration of the mutual benefits, Sumner and Auburn hereby agree to the terms and conditions set forth below: 1. The July 16, 1996, Interlocal Agreement between Sumner and Auburn shall be amended to include the area described in Exhibit A of this amendment within the potential annexation area of Auburn, as shown on the map in Exhibit B of this amendment. The purpose of this amendment to Auburn's potential annexation area is to include Lake Tapps Parkway, and associated stormwater facilities designed to serve the Parkway and development within Auburn's potential annexation area. 2. Sumner will not oppose an annexation petition by Auburn for the area described in Exhibit A of this amendment. 3. As necessary to comply with County and State regulations and policies, Sumner and Auburn will process amendments to their respective UGA's consistent with this agreement. 4. The stormwater facilities located within the area described in Exhibit A of this amendment will be owned by the City of Auburn Storm Drainage Utility following annexation of the area described in Exhibit A. The City of Auburn will operate the stormwater facilities in compliance with the water quality and quantity parameters of the facilities' outfall, as constructed and accepted by Pierce County in accordance with the Preannexation Agreement Between Pierce County and the City of Auburn Relating to the Construction of Regional Infrastructure and Facilities executed by the parties in fall of 2000, unless written agreement has been provided by Sumner. 5. Within 120 days of receiving a written request from Sumner, Auburn will de- annex territory within its boundaries adjacent to Sumner city limits that includes an intersection of the Lake Tapps Parkway and an access road to the Sumner municipal golf course. Subsequently, Sumner and Auburn will process amendments to their respective UGA's to reflect this boundary change. Amendment to Interlocal Agreement between Sumner and Auburn January, 2001 Page 2 of 3 CITY OF SUMNER CITY OF AUBURN Mayor Mayor Cit A ministrator Attest: Attest: f! ~ le City Clerk Cit Clerk Approved as to form: Approved as to form: G- City Attorney City Attorney Amendment to Interlocal Agreement between Sumner and Auburn January, 2001 Page 3 of 3 , . EXHIBIT A LTPE-UGA Boundary Beginning at the intersection of the north line of Government Lot 7, SECTION 6, TOWNSHIP 20 NORTH, RANGE 5 EAST, W.M., with the east right-of-way line of the Burlington Northern ' Santa Fe Railroad (BNSF); thence northerly along said east right-of-way line to intersect a line parallel with and 30 feet southerly of the north line of the Southwest quarter of said SECTION 6; thence westerly along said line to the east line of the Southeast quarter of SECTION 1, TOWNSHIP 20 NORTH, RANGE 4 EAST, W.M.; thence continuing westerly along a line parallel .with and 30 feet southerly of the north line of the Southeast quarter of said SECTION 1 to intersect the west right-of-way line of BNSF; thence North 00 55'06" West along said west right-of-way line to intersect the south line of the Northeast quarter of said SECTION 1; thence continuing North 00 55'06" West along said right-of-way line 70.03 feet to intersect the north right-of-way line of 8th Street East; thence South 82 25'28" West along said north right-of-way line 148.05 feet; thence North 89 48'47" West along said north right-of-way line 474.24 feet; thence North 88 25'53" West along said north right-of-way line 477.67 feet; thence North 07 42'37" West 155.36 feet to Point "A"; thence South 76 15'53" West 313.22 feet; thence North 13 41'24" West 136.12 feet; thence North 76 18'36" East 1489.14 feet to the west right-of-way line of BNSF; thence Northerly along said west right-of-way line to intersect the north line of said SECTION 1. 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M Q. ,1 1•-~ r M h ~ ~ pC9 ~ w ~ ~ ; C9 L 00 `L Q. ~ , • d. , . ~ , , ; ~ . . . _ . ; ~ . , . . ? _ . ~ . _ ` • _ ~ ---fr-~^---- - - - - - - - - - - ~ 1 ~ i ~ - - - - - ~ + W 1 : I F• ~ ~ ~ 1 t ' ` -J ~ ' \ ~ ~ •I°ar p~~,, ' / 1 ~ +i r ~ r ,,1'j.~ - 1F~"{ O _ ~ . ~ . ~ ~ . ~ • . ~ !y . .~~w~`' ' I i~ ~ ?i~,`ti~ k 4 / • ~ ~ ~ , , M ~ M M G 04 ~ ~ ~ ~ ~A O ~ N ~ ~C cd . xwa , . _ ~ . . ~ _ . , . ~ - I•:r. l;~~;~:: ~ ` j.,~±ti' MuuCy T..' , CITY C~ERK'S OFFICE 5 ' •CITY OF AUBURN llj`( O; 4vV;~,~.,~ O • 25 West Main (`i (~:;'p•,r . , .J ^ Auburn. WA 98041 . AIN AGREEMENT BETWEEN THE CITIES OF SUMNER A~YD AUBURN RELATING TO POTENTIAL A.iiNEXATION AREA DESIGNATION V THIS AGREENIENT is entered into on this day of fuc.y , 1996, by and between the 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 ~ Manacyement Act of 1990 as amended, requires each city within Pierce County to propose the m location of an urban growth area; and ; e va WHEREAS, the King Countywide Planning Po[icies adopted and approved by S Ordinance 10450 on July 6, 1992, by the Kincr County Council and amended by Ordinance ~ 11446 on July 19, 1994 and ratified by cities within King County, establish rules for desipatino potential annexation. areas for cities within the countywide urban growth boundary; and . C; w C WHEREAS, Kino Countywide Planning Policy LU-31 states that each city shall $ ~.1 designate a Potential Annexation Area (PAA) in collaboration with adjacent counties and cities ~ and King County, and in consultation with residential groups in affected areas; and ~ ~ WHERE AS, Pierce Countywide Planning Policies adopted and approved by P,esolution No. R92-86 on June 30, 1992 by the Pierce County Council reestablish rules for desionating urban growth areas for cities within Pierce County; and WHEREAS, Pierce Countywide PlanninQ Policy No. 1 on Urban Growth areas states The County shall designate urban jrow-th areas for the County and each municipality in the County based on consultations between the Counry and each municipaliry"; 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 Grow-th 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 Aubum 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 planninc, 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; NOtiV THEREFORE. Resolution 3313 -Exhibit B Exhibit A Resolution Na. 2762 Page 1.. August 5, 1996 •.:._.-~1-._._. 1 r~~t , . . In consideration of the mutual benefits, Sumner and Aubum hereby agree to the terms and conditions as set forth below: SECTION 1. PUR.POSE. The purpose of this agreement is to confirm the decision made between Sumner and Aubum for the identification of Potential AnneYation Area boundaries and Urban Service Areas. SECTION 2. DEFIiYITIONS. A. Potential Annexation Area (PAA): is a term used in the Kinc, Countywide Planning Polices meaning the incorporated urban area adjacent to a city, within which urban growth sha11 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 Anne:cation 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 ~i designated by the county within which urban growth shall be encouraged and passed ~l and outside of which growth can occur only if it is not urban :n nahuz. U ~ ~ C. Urban Growth Boundarv: means the boundary marking the Iimit between the urban ;rowth 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 Sumnez and Auburn, under the requirements of the Growth Mana;ement Act. SECTION 3. PUBLIC PROCESS. The designation of PAAs in E.Yhibit 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 esisting laws and statutes. In meeting the commitments encompassed in this Aoreement, all parties shall comply with the requirements of the annexation statutes, Open Public Meetings Act, State Environmental Policy Act, Growth Mana?ement Act and Countywide Plannina Policies for King and- Pierce Counties. SECTION 5. RESPONSIBILITIES. A. Sumner and Auburn acknowledae the PAA boundarv described in E:thibit A. Resolution 3313 Exhibit A Resolution No. 2762 -Exhibit B ~ August 5, 1996 Page 2 B. Sumner and Aubum shall only annex temtory within their designated PAAs. C. Sumner and Auburn shall conduct a public involvement pracess 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 PL~~iING Sumner and Auburn shall work cooperatively together in the planning and delivery of services to the respective PAA to the e,ctent feasible as described below: A. Sumner and Aubum 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 concem which may arise including: ~ 1. Desip, funding, and construction of the 8' Street Corridor from Lake Tapps Q; to SR 167; ~ 2. Railroad traffic and the mitigation of increased rail activity on transportation; +1 p 3. Mitigation of stormwater impacts to the valley; ~ 4. Modifications to the Mud Mountain Dam to reduce base flood levels; w ~ 5. 7oint 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 mana;ement related to the Stuck (White) River and its tributaries; and 8. Joint planning and participation with Pierce County. SECTION 7. A.11~IENDMENTS. A. A city which desires to modify the Potential A.nnexation Area shall contact the other party to this Ap eement to begin discussions regarding potential anne:cation 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 amendmenu shall be supported by written evidence of a significant chan-ge in one of the criteria listed in paragraph 7D below. Sumner and Auburn shall concur that the substantial chan;e warrants an amendment to the original desi;nated PAA. C. A public process shall be conducted regarding an amendment to a potential anneYation area as described in 5(c) above. xesolution 3313 Exhibit A Resolution No. 2762 Exhibit B ~ August 5, 1996 Page 3 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 (veiucular accessibility and availability of utility service). 4. Recognition of physical boundaries. -bodies of water -topographical featuzes -watersheds -freeways 5. Protection of criticaUresource areas significant to a particular jurisdiction. -protection of critical areas -opportunities for urban sepazators ~ 6. _ Logical boundaries. c% -elimination of unincorporated islands ~ .1 -no overlapping potential annexation areas C C~? ~ E. The proposed amended PA.A agreement shall be submitted to the respective ~ ~ legislarive authorities for approval. ~ SECTION 8. DURATION AND TERtI~IINATION. This Agreement shall be in effect upon sionature 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. SEVERA.BILITY 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. Resolution 3313 Exhibit A Resolution No. 2762 Exhibit B August 5, 1996 page 4 4 SECTION 10 ADMIT(ISTRATION. This Agreement shall be administered by the Mayor of the City of Sumner and the City of Auburn, or their designees. CITY OF SUMNER CITY OF AUBURN . ' . Robert A. Moltke, Mayor Chazles A. Booth, Mayor Date Date ~ C`d Attest: Attest: C cY . w ~ City Clerk City Clerk Approved as to form: Approved as to form: • - ~ ' A orney City Attomey Exhibit A Resolution No. 2762 5 August 5, 1996 Resolution 3313 Exhibit B Paae 5 ~ V m L . t e O T ~ an!~-.: ~ . J ~ m ~r •_•i }j . . . v.. ' r..I Aubur Paci. i . : ~ . . , . : . : ~ ~ z . : . : . AftL . . _ CIO _ - ~ . . ~ : . . ~ . : _ : - x _ r C: ~ . ~ _ Q rr7 Resolution 3313 Exhibit A Resolution No. 2762 ~ Exhibit B August 5, 1996 PacrP 6