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HomeMy WebLinkAboutres2000-044WHATCOMCOUNTYCOUNCILAGENDA BILL NO. AB2000 -355 CLEARANCES lntad Daze Dare Receivedin Coundl Offue Agenda Dare Assignedro: rnginazar. Sruce Mills BGM 9/28 O L- f P_ �� �t �4, I� lW �t� OCT 0 3 2000 WHATCOhICOUN COUNCIL 10 /10 /00 Public Works Comminee/Council Division Dead: Bruce Mills BGM 9/28 Dq[ Head: 0ir2H Annenemr ParrhadngrBadget. �T Excessive. _ j- SUBJECT. Intent to accept a portion of Judy Way as a County Road ATTACHMENTS: 1. Memo to County Executive and Council 2. Letter from Judy Way residents 3. Resolution Related County Contract #: Should Clerk schedule a hearing. NO/ x I YES" Requested Date: IMMMARYSTATEMENT. iud Way, a private road, receives significant public vehicular traffic, as it is connected directly to public roads on each end. Adjacent property owners are Willing to donate additional right -of -way to establish a 650 -foot long portion of Judy Way as a county road. Ordinance & Resolution TO keep down our ccgvmg cronn, m re ceM1e or rCo Distribution Reamen i a * stow who mat , List wares dw right. ADSFariRaes Management ADS Finance A Humaa Resources ADS Info Services Assessor Auditor CooperaaceExhruion District Coun Executive Health RECOMMENDED ACTION. • Request that the County Council, by resolution, declare its intention to establish a portion of Judy Way as a County road, and to direct the county mad engineer to prepare a report and ordinance for Council and public consideration Hearing examiner Ball Juvenae Parks Planning COUNCILACTIONTAREN 2000 - 355 10/102000: Approvetl 6-0 Imhof absent, Res. #2000-044 Re Fr°secuor Fume works Bruce Mills Sheriff Superbr Court Txarurer Other Ordinance or Resolutio amber (this item): WM4TCOMCOUNTY DEPARTMENT OF PUBLIC WORKS DIVISION OF ENGINEERING Jeffrey M. Monsen. P.E. - Director Bruce G. Mills, P.E. - Assistant Director 5280 Northwest Drive, Suite C Bellingham, WA 98226 MEMO TO: The Honorable Pete ICremen, County Executive, and RECEIVED E Ii' ®p Honorable Members of the Whatcom County Council E LLD !r FROM: Bruce Mills, County Road Engineer S E P 2 9 2000 DATE: September 28, 2000 PETE KREMEN COUNTY EXECUTIVE SUBJECT: Proposed Acceptance of a Portion of Judy Way as a County Road Backaround: Whatcom County received a letter (attached) from several property owners along Judy Way, a private road that is connected on each end to Deer Creek Drive and West Axton Road, which are both public roads. This 650 -foot long portion of private road receives significant public vehicular traffic, and is widely used as the eastern access point to the Deer Creek development. The 16 -foot wide paved road and right-of-way was originally purchased and improved in 1975 by the developers of the plat of Deer Creek Park Division 4. The apparent intent was for the homeowners of Deer Creek Park to maintain this private strip of road and pay the taxes on it. It appears that no maintenance work was ever performed, the homeowners association is defunct, and in 1993 the County foreclosed on this 16 -foot strip for non - payment of taxes. Recommendation: We recommend that the County Council declare its intention to establish a portion of Judy Way as a public road, from Deer Creek Drive to West Axton Road, as a public necessity, and direct the county road engineer to report upon such proposed project. The adjacent property owners abutting Judy Way on the east side are willing to donate an additional 14 feet of frontage to achieve a 30 -foot wide right-of-way. The County would widen the 16 -foot wide road to 22 feet wide, identical to adjoining Deer Creek Drive, at minimal cost, and take over the maintenance of the road. Requested Action: We request that the Council declare, by resolution, its intention to establish a portion of Judy Way as a public road, and direct the county road engineer to prepare a report and ordinance for Council and public consideration. Should you have questions, please contact Bruce Mills at x 50627. Thank you. ce: Jeff Monsen bgm\ Phone; (3601676-6730 County: 13601 380-8110 FAX: 13601 676 -6558 1 SPONSORED BY: Consent 2 PROPOSED BY: Public Works - Engineering 3 INTRODUCTION DATE: 10/1 /2000 6 RESOLUTION NO. 2000 -044 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DECLARING INTENT TO ACCEPT A PORTION OF JUDY WAY AS A COUNTY ROAD, DECLARING THAT SUCH ESTABLISHMENT IS A PUBLIC NECESSITY, AND DIRECTING COUNTY ROAD ENGINEER TO REPORT TO COUNCIL UPON THE PROJECT WHEREAS, a portion of a private road commonly known as Judy Way was privately constructed in 1974, as part of the development of the Deer Creek Park Division 4 platting process; and WHEREAS, Chapter 36.81 RCW allows the County to accept roadways into the County Road System; and WHEREAS, Judy Way, a private road, receives significant public vehicular traffic, as it is connected directly to public roads on each end; and WHEREAS, interested adjacent land owners are willing to donate necessary additional right - of -way to establish a portion of Judy Way as a County road; and WHEREAS, the road provides necessary vehicular access to a significant number of residences; and WHEREAS, it is a matter or general policy for the County to establish a County road and assume responsibility for its maintenance, if doing so provides service to the citizenry at a reasonable cost; and WHEREAS, the public may be better served by county maintenance of the road identified herein; and WHEREAS, the financial burden assumed by the County as a result of increased road maintenance responsibilities is ameliorated by increased revenues from state tax funds for the additional length of roads in the County road system; and WHEREAS, the Council needs the most accurate, up -to -date information concerning the condition of this roadway, the status of the underlying right -of -way, the financial implications of accepting this roadway into the County road system, and the public benefit to be derived from the establishment of this roadway as a County road; and WHEREAS, RCW 36.81 requires that the County Road Engineer, upon direction from the Council, provide such information to the Council via a report; and WHEREAS, RCW 36.81 requires that a public hearing be scheduled and held, and that proper notice be given before this road is established as a public road with the County road system; 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 27 28 29 30 31 32 33 34 35 36 NOW, THEREFORE BE IT RESOLVED that the County intends to pursue the process necessary to establish the above - described road as a County road on the current belief that such establishment is a public necessity; and BE IT FURTHER RESOLVED that the County Road Engineer is directed to provide this Council with a report upon this project at a public hearing; and that such hearing be held on this matter on November 14, 2000 at 7:00 p.m.; and BE IT FINALLY RESOLVED that notice of the above - referenced hearing and proof of the giving of such notice be provided as set forth in RC W 36.81.070 and .080. APPROVED this 10th day of October , 2000. Dana Brown- Davis, County—Clerk AP OVED AS TO FORM: Civil Deputy Prosecutor WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Marlene Dawson, Council Chair c Dana Brown- Davis, County—Clerk AP OVED AS TO FORM: Civil Deputy Prosecutor WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Marlene Dawson, Council Chair U /VY /uu LnQ 1U.40 rAA Mr [,vL'ene 13mwn wm ' Ww W44V tl [ WA 4N%Jb�7 ds t May 1, 2000 Whitetail County Cxecolive Whalcom County Courthouse 311 brand Avenue Bcllingharn, WA 98225 Mr. Kremer: V4 1 1'1100 are seem property owners on Judy Way in Ferndale. a private road used by most Of the residents in adjoining Deer Creek Drive. The road is also used by school buses, ambulances, medics, fire trucks, county trucks, private construol ion conrpaules, etc. it has even boon used to reroute Wcst. Axton traffic tie -aps. With all orthis use, our private mad has begun to breA, up into potholes and big chuckholes. While hundreds of county residents consistently use this road, the county duos not maintain it As county residents ourselves, and as private homeowners On Judy Way, we cannot afford to maintain this road for the general public -- nor do we see the logic in doing so. At this point, we Property owners are looking into closing our private road to all traffic except for thoso of us who are responsible for maintaining it, This would seem to be our right. However, it would make Deer Creek Drivc (a county road) a dead -end road at the cast end. We can only speeulatc as to the furor this would raise front Deer Creek residents who have used og road for years, and as to the ensuing hassles it would create for your office. We would like to know what dre county will commit to do to relieve the traffic problem on our privwatemad. Am, there legally - enforceable county signs we could use to eliminate die public use or our private road? If not, will the county recognise --and act upon —its responsibility to maintain a private road that is trespassed upon by hundreds conttry citizens daily? Your prpnlpt attention to this matter, with a concrete and viable proposal for a solution, will avert our pursuance of closing our mad to the general public. With the rapid growth and development of Whatcom County, we suspect that fairly resolving this dilenorn will NO ve_the county well, a+ inevitable urbanization ena'oaches upon, artd ineratsec the comliiexttyof L'tO rrg s di piiLaie citizens versus public access. Sincerely, Gene Brawn And neivS, Sl0\MM,,i o_ \nla�wa ll sb ay W �7 N 1- r -N pp N j J R p HOIBOON'l -tl rvr(O h mS o r N .I:ILr:d N B ff Y � J • a i Q o • i r N N a N pp A � • O 4 J a b 0 C TTOaN Ot , 1 `► a> 111 1R10 • II • Y pi �l m R n • © x Yn -ie eir a ♦ J G o o _ P e IN V ♦V do e 0 i alwn .,.,er,,, • - OL L 4 Li i Ion e , • ►n N � t � M Q Q C a 4 r r �f /• itaal a•tlla l� O F� Oy NN ,G W Ct a Q IQ • c T3hICDeO M V