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HomeMy WebLinkAboutCity Council Committees - Public Works/Planning - 11/24/1998 November 24, 1998 FOR THE AGENDA COVER SHEET FOR THE 12/7/98 PUBLIC WORKS/PLANNING COMMITTEE MEETING TITLE OF ITEM: PROPOSED INTERLOCAL ANNEXATION AGREEMENT BETWEEN KENT AND RENTON ACTION: Proposed Motion: Recommend approval of the interlocal annexation agreement between Kent and Renton. BACKUP MATERIAL: 1 Page Memorandum - "Proposed Interlocal Annexation Agreement between Kent and Renton" Accompanying 6 Page Document — "An Agreement between the Cities of Renton and Kent relating to Potential Annexation Area Designation" • PRESENTER: James P. Harris, Planning Director TIME: 10 minutes If you have any questions, please contact Pam Mottram at ext. 3390. Thank you. P:UIM-HWNNXM-NV.DOC Date #of Post-it®Fax Note 7671 '7 pages From To ;� ,f .{�ili Phone# !"T...t Phone# Fax# Fax# 1 7 _ �� fil i • Approval of Proposed Interlocal Annexation • Agreement Between Kent and Renton Proposed Motion. Recommend approval of the Interlocal Annexation Agreement between Kent and Renton. • CITY OF J_Q111 T • Jim White, Mayor Planning Department (253)859-3390/FAX(253) 850-2544 James P. Harris, Planning Director MEMORANDUM November 24, 1998 TO: LAND USE AND PLANNING COMMITTEE, TIM CLARK, CHAIR, TOM BROTHERTON AND RICO YINGLING FROM: JAMES P. HARRIS, PLANNING DIRECTOR SUBJECT: PROPOSED INTERLOCAL ANNEXATION AGREEMENT BETWEEN KENT AND RENTON Kent and Renton staff has agreed on an Interlocal Agreement to determine the boundaries between the two Cities. Renton's City Council is currently reviewing the agreement. This agreement is similar to approved agreements between Kent and Auburn and Kent and Federal Way. A significant proposal in this agreement is stated in section 5, E. which states that, " Kent acknowledges Renton's need to have logical and reasonable area boundaries and agrees to de- annex the approximately 31.63 acre area bounded by SR-167 (Valley Freeway) on the west, S. 192°d Street on the north, 92rid Avenue S. on the east, and S. 200(h Street on the south, with the understanding that Renton will concurrently annex this area." Staff recommends that the Committee approve the Kent— Renton Interlocal Agreement relating to potential annexation and deannexation within the two City's Potential Annexation Area. • 220 4th AVENUE SOUTH / KENT,WASHINGTON 98032-5895/"TELEPHONE (253)859-3300 AN AGREEMENT BETWEEN THE CITIES OF RENTON AND KEN'T RELATING TO POTENTIAL ANNEXATION AREA DESIGNATION THIS IS AN AGREEMENT between the Cities of Renton, a municipal corporation of the State of Washington ("Renton"), and Kent, a municipal corporation of the State of Washington ("Kent"), hereinafter collectively referred to as the "Cities," RECITALS A. 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 B The Countywide Planning Policies adopted and approved by Ordinance 10450 on July 6, 1992 by the County Council and amended by Ordinance 11446 on July 19, 1994 and ratified by Cities within the County, establishes rules for designating potential annexation areas for cities within the countywide urban growth boundary, and C. Countywide Planning Policy LU-3I states that in collaboration with adjacent counties and cities and King County, and in consultation with residential groups in affected areas, each City stall designate a Potential Annexation Area (PAA), and D. It is in the public interest that the jurisdictions cooperate to designate logical and achievable PAA boundaries, and • NOW THEREFORE, the Cities hereby agree: 1. PURPOSE. The purpose of this agreement is to confirm the decision made between the Cities for the identificauon of a common boundary for their respective PAA boundaries. 2. DEFINITIONS. Potential Annexation Area (PAA): The unincorporated 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 20 years at which time the city will provide services and utilities. Urban Growth Areas: Areas proposed by the cities and designated by the County within which urban growth shall be encouraged and phased and outside of which growth can occur only if it is not urban in nature. Urban Growth Boundary: The boundary marking the limit between the urban growth areas and other areas such as rural and resource areas where urban growth is not permitted. The boundary shall be designated by the County in consultation with the appropriate cities, under the requirements of the Growth Management Act, as amended. 3. AFFECTED PARTIES. • The designation of PAAs in Exhibit"A"(map) attached hereto and by this reference made a pan 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. 4. RELATIONSHIP TO EXISTING LAWS AND STATUTES. This Agreement in no way modifies nor supersedes existing laws and statutes and is consistent with existing laws and statutes. In meeting the commitments encompassed in this Agreement, all parties will 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 County. 5. RESPONSIBILITIES. A. The Cities acknowledge the PAA boundary and each respective Cities' PAA illustrated in Exhibit "A". B The Cities will only annex territory within their designated P.AAs. C. Kent acknowledges that Renton has legitimate concerns regarding the need to protect the aquifer that serves its Springbrook Springs water utility and agrees to enter into discussions • within sixty(60) days of the signing of this agreement that will lead to an agreement between the Cities to protect the Renton Springbrook Springs Aquifer recharge area that extends to approximately SE 206th Place on the south and 103th Avenue SE on the east. Mechanisms to be considered, include, but are not necessarily limited to, land use regulations (type and intensity), recharge area set asides, and public education. The agreement between the Cities shall be executed within IS months of the signing of this agreement. D. Kent also acknowledges that Renton has recently acquired the Cleveland property south of the Springbrook Trout Farm, off Talbot Road South as a future public park and Renton acknowiedges that Kent has recently acquired property south of S 200th Street for a neighborhood park. Since service areas for these two parks will likely overlap, both Cities agree to enter into discussions regarding the possible interface of these two recreation facilities. E. Kent acknowledges Renton's need to have logical and reasonable service area boundaries and agrees to de-annex the approximately 31.63 acre area bounded by SR-167 (Valley Freeway) on the west, S. 192nd Street on the north, 92nd Avenue S. on the east, and S. 200th Street on the south, with the understanding that Renton will concurrently annex this area. • F. Renton acknowledges that Kent has identified the 196th Street Corridor project between East Valley Highway and SR-515 as one of its concurrency projects which the City of Kent believes should be built by 2010. Since most of this project will occur within Renton's PAA with the potential of impacting the Springbrook Springs watershed as well as the new park site on the former Cleveland property the Cities agree to enter into joint discussions with each other and King County regarding the potential development alignment, financing, and scheduling of the 196th Street Corridor project between the East Valley Highway and 108th Avenue SE (SR-515). Representatives from both Cities' parks and public works departments should be represented in these discussions. 6. AMENDMENTS. A. If either of the Cities desires to modify their respective PAA such that a would affect that of the other City, it shall contact the other party to this Agreement to begin discussions regarding PAA boundary amendments. The Cities agree to participate in such discussions when called. Either Party is authorized to call a meeting upon 30 days written notice. B. The proposed amendments shall be supported by written evidence of a significant change in one of the criteria listed in paragraph 6(D), below. The Cities shall concur that the V substantial change warrants an amendment to the original designated common PAA boundary between. the Cities, as shown in Exhibit "A", attached. • C A public process shall be conducted regarding an amendment to the common PAA boundary between the Cities. In determining whether PAA boundary amendments to the original designated common PA.A boundary between the Cities should be made the Cities shall be guided, but not limited, by their findings with respect to the criteria in 6.D. below. D Crueria for Amendment to Potentioi Annexation Areas • Recognition of resident community identification. • Financial and technical ability to provide municipal services. • Creation of logical service areas (vehicular accessibility and utility construction). • Recognition of physical boundaries. Bodies of water Topographical features Watersheds Freeways • Protection of critical/resource areas significant to a particular jurisdiction. Protection of critical areas Opportunities for urban separators • Logical boundaries. Elimination of unincorporated islands No overlapping potential annexation areas • E The proposed amended PAA agreement shall be submitted to the respective cities' legislative authorities for approval. • 7. DURATION AND TERMINATION. This Agreement is effective upon signature of both Cities and shall continue in effect from year to year unless terminated by a six month written notice by one City Council to the other. 8. 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. 9. INDEMNIFICATION. A. Renton shall indemnify and hold harmless Kent and its officers, agents and employees, or any of them from any and all claims, actions, suits, liability, loss, costs, expenses and damages of any nature whatsoever, by reason of or arising out of any negligent act or omission of Renton, its officers, agents and employees, or any of them, in the performance of this Agreement. In the event that any such suit based upon such a claim, action, loss or damage is brought against Kent, Renton shall defend the same at its sole cost and expense; provided, that Kent reserves the right to participate in such suit if any principle of governmental or public law is involved. If final judgment be rendered against Kent and its officers, agents and employees, or any of them, or jointly against Renton and Kent and their respective officers, agents and employees, or any of them, Renton shall satisfy the same, including all chargeable costs and attorney's fees. B. In executing this Agreement, Kent does not assume liability or responsibility for or in any way release Renton from any Iiability or responsibility which arises in whole or in part from the existence or affect of Renton City ordinances, rules or regulations. If any cause, claim, suit, action or administrative proceeding is commenced in which the enforceability and/or validity of any such Renton City ordinance, rule or regulation is at issue, Renton shall defend the same at its sole expense and if judgment is entered or damages are awarded against Kent, Renton shall satisfy the same, including all chargeable costs and attorney's fees. C. Kent shall indemnify and hold harmless Renton and its officers, agents and employees, or any of them from any and all claims, actions, suits, liability, loss, costs, expenses and damages of any nature whatsoever, by reason of or arising out of any negligent act or omission of Kent, its officers, agents and employees, or any of them, in the performance of this Agreement. In the event that any such suit based upon such a claim, action, loss or damage is brought against Renton, Kent shall defend the same at its sole cost and expense; provided, that Renton reserves the right to participate in such suit if any principle of governmental or public law is involved. If final judgment be rendered against Renton and its officers, agents and employees, or any of them, or jointly against Renton and Kent and their respective officers, agents and employees, or any of them, Kent shall satisfy the same, • including all chargeable costs and attorney's fees. • D. In executing this Agreement, Renton does not assume liability or responsibility for or in any way release Kent from any liability or responsibility which arises in whole or in part from the existence or affect of Kent City ordinances, rules or regulations. If any cause, claim, suit, action or administrative proceeding is commenced in which the enforceability and/or validity of any such Kent City ordinance, rule or regulation is at issue, Kent shall defend the same at its sole expense and if judgment is entered or damages are awarded against Renton, Kent shall satisfy the same, including all chargeable costs and attorney's fees. 10. ADMINISTRATION. This Agreement shall be administered by: A. The Mayor of Kent or the Mayor's designee, and B. The Mayor of Renton or the Mayor's designee. CITY OF RENTON CITY OF KENT • Jesse Tanner Jim Waite Mayor Mayor Date Date Attest. Marilyn J. 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This agreement is similar to approved agreements between Kent and Auburn and Kent and Federal Way. A significant proposal in this agreement is stated in section 5, E. which states that, " Kent acknowledges Renton's need to have logical and reasonable area boundaries and agrees to de- annex the approximately 31.63 acre area bounded by SR-167 (Valley Freeway) on the west, S. 192nd Street on the north, 92nd Avenue S. on the east, and S. 200d' Street on the south, with the understanding that Renton will concurrently annex this area." Staff recommends that the Committee approve the Kent—Renton Interlocal Agreement relating to potential annexation and deannexation within the two City's Potential Annexation Area.