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HomeMy WebLinkAboutR-2088 - Establishing interim policy relating to annexation and suspending Resolution No. 1939 relating to annexation policyCG,' ,ruo', CITY OF MARYSVILLE Marysville,Washington RESOLUTION NO. 2088 A RESOLUTION OF THE CITY OF MARYSVILLE,WASHINGTON ESTABLISHING INTERIM POLICY RELATING TO ANNEXATION AND SUSPENDING RESOLUTION NO. 1939 RELATING TO ANNEXATION POLICY. WHEREAS, the City of Marysville has adopted general policies relating to annexation pursuant to Resolution No. 1939; and WHEREAS, on March 14, 2002 the Washington Supreme Court decided the case of Grant County Fire Protection District No.5 v.City ofMoses Lake,and in so doing, declared that the petition method of annexation is unconstitutional; and WHEREAS, the Supreme Court has granted a motion to reconsider its decision which is scheduled to be heard in March, 2003 but will likely not be decided until fall, 2003 or later; and WHEREAS, legislation amending the statutory process for annexation has been introduced to the 2003 legislature, but the outcome of such legislation is uncertain; and WHEREAS, in light of the above developments, there is considerable uncertainty concerning the methods, procedures, and available options to property owners, voters, citizens and cities for the annexation of unincorporated territory into the City and the conditions which may apply thereto; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MARYSVILLE, WASHINGTON AS FOLLOWS: Section I. Annexations by petition method. In light of the decision in Grant County Fire Protection District No.5 v. City ofMoses Lake,no annexation by the petition method provided in RCW 35A.14.l20 shall be accepted for processing and consideration by the City. Section 2. Annexations by election method. The following criteria shall guide the City staff and City Council in consideration of annexations by the election method provided in RCW Chapter 35A.14.015 et seq.: I. The City shall consider the size in area of the annexation and the number of registered voters in the area proposed for annexation. Larger geographic areas and/or areas that would constitute a logical extension of the City's boundaries shall be given preference over smaller geographic areas and areas which would create irregular boundaries. Areas with high assessed value which are consistent with the City's economic development goals will also be given preference over areas which RESOLUTION -I Iwpf/mv/res.interimpol negatively impact the City's financial resources. 2. Review for consistency with the City's comprehensive plan and development regulations shall be required. 3. No annexation by the election method will be considered where there are less than two registered voters in the area proposed for annexation. 4. Annexations for municipal purposes,of federally owned areas and of unincorporated islands will be considered on a case by case basis. 5. Annexation of commercial or industrial land where there are no registered voters and annexations of lands which are owned by school districts, churches, governmental entities or other non-voter occupied lands shall not be annexed unless such property meets the requirements for annexation for municipal purposes. Section 3. The City will consider aggregation of parcels for annexation. Where appropriate to meet the objectives outlined in RCW 36.93.180, aggregation of multiple annexations by the election method shall be considered. Section 4. Annexation covenant requirements/utility service area requirements. The provisions of MMC 14.32.040 requiring as a condition of utility service the execution of an annexation petition or a covenant agreeing not to protest annexation in the future shall continue to be applied unless an administrative variance is granted. Section 5. An annexation shall not be accepted unless it is located within the Marysville Urban Growth Area ("UGA"). The City's utility codes and utility planning will support and promote annexation and logical extension of urban services within the UGA where annexation by the election method is feasible and in conformance with the criteria of Section 2 above and where measures can be taken to adhere to urban development standards. Section 6. The City will continue to enter into and/or review interlocal agreements with Snohomish County relating to annexation, urban development standards and reciprocal traffic and park impact fee mitigation. Section 7. In considering all annexations the City should attempt to achieve the following Boundary Review Board objectives which are specified in RCW 36.93.180: I.Preservation of natural neighborhoods and communities; 2. Use of physical boundaries including, but not limited to, bodies of water, highways, and land contours; 3. Creation and preservation of logical service areas; 4. Prevention of abnormally irregular boundaries; RESOLUTION -2 Iwpf/mv/res.interimpol '.. 5. Discouragement of multiple incorporations of small cities and encouragement of incorporation of cities in excess of 10,000 population in heavily-populated urban areas; 6. Adjustment of impractical boundaries; 7. Incorporation as cities and towns or annexation to cities or towns of unincorporated areas that are urban in character; 8. Protection of agricultural and rural lands that are designated for long-term productive agricultural and resource use by a comprehensive plan adopted by the county legislative authority. Section 8. Pursuant to RCW 35A.l4.200 the City should consider the following factors with respect to all annexation proposals. Larger or heavily populated annexations should be subject to more in-depth review and, where appropriate, fiscal analysis. 1. The immediate and prospective population of the area proposed to be annexed, the configuration of the area, land use and land uses, comprehensive plans and zoning, per capita assessed valuation, topography, natural boundaries and drainage basins, the likelihood of significant growth in the area and in adjacent incorporated and unincorporated areas during the next several years, location and coordination of community facilities and service; and 2. The need for municipal services and availability of such services, effect of ordinances and governmental codes, regulations and resolutions on existing uses, existing agreements, interlocal agreements, covenants, LIDs or ULIDs, present cost and adequacy of governmental services and controls, the probable effect of the annexation proposal or alternatives on cost and adequacy of services and controls in the area and adjacent area, the effect of the finances, debt structure and contractual obligations and rights of all affected governmental units; and 3. The effect of the annexation proposal or alternatives on adjacent areas, on mutual economic and social interests, and on the local governmental structure of the County. Section 9. Resolution No.l939.Resolution No. 1939 adopted on September 13, 1999 is hereby suspended and replaced by this resolution until further action of the Marysville City Councilor until such time as the State Supreme Court and/or legislature has clarified and/or changed the rules and laws applicable to cities for the annexation of unincorporated territory, whichever occurs first. Section 10. Review. The provisions of this resolution shall be reviewed within six (6) months of the adoption hereof, or sooner as the Marysville City Council by motion may direct. RESOLUTION -3 Iwpf/mv/res.interimpol PASSED by the City Council and APPROVED by the Mayor this,)'f"it.day of ~_,2003. CITY OF MARYSVILLE By (lj!J~A DAVID A. WEISER, Mayor ATTEST: Approved as to form: By,~K--vJ»/) GRANT K.WEED, City Attorney RESOLUTION -4 Iwpflmv/res.interimpol