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Home My WebLink Aboutres1991-051W 14TCOM COUNTY COUNC- AGENDA BILL NO. AB91 -235A CLEARANCES Initi al Date Date Received in Council Office: Agenda Date Assigned To: Originator - Executive svz 7/2 7/3/91 7/9/91 Water Res./Council Division Head - Department Head - Prosecutor Review - Purchasing/Budget Dir: Executive- 1) ULUP1(.1: Resolution of intent for the formation of a Lake Management District for the Lake Samish Area and setting the public hearing on the District ATTACHMENTS: the Resolution Public Hearing Needed? Yell No/ / J UMAL RY STATEMENT.• The residents of the Lake Samish area have been working with the administration on the problem of water availability in their area, and they desire to form this lake management district to finance a project to insure adequate stream flow in Friday Creek, an effluent of Lake Samish, during the hot, dry summer months. This will satisfy DOE's concerns for adequate stream flow in the Creek and allow water rights permits then to be issued by DOE to some of the property owners. ORIGINATOR'S RECOMMENDED ACTION.• Pass COMMITTEE ACTION (including dates): COUNCIL ACTION ('including dates): 7 -9 -91: Council approved 7 -0 Related File Numbers. Ordinance or Resolution Number: RES91 -051 SPONSORED BY: Consent PROPOSED BY: Executive INTRODUCTION DATE: Julv 9.1991 1 RESOLUTION NO. 91 -051 2 A RESOLUTION OF INTENT FOR THE FORMATION OF A 3 LAKE MANAGEMENT DISTRICT FOR THE LAKE SAMISH AREA, 4 AND SETTING A PUBLIC HEARING ON THE 5 FORMATION OF THE LAKE MANAGEMENT DISTRICT 6 WHEREAS, pursuant to RCW 36.61.020, the Whatcom County Council may establish 7 lake management districts to finance improvement and maintenance of lakes located within 8 or partially within the boundaries of the county; and, 9 WHEREAS, Lake Samish is the main source of water for over 400 homes; and, 10 WHEREAS, the availability of water from Lake Samish has been a concern for 11 several years, one aspect of which is the low flow in Friday Creek during late summer, thus 12 affecting fish habitat, and a second aspect is that DOE has not issued water rights permits 13 to numerous users; and, 14 WHEREAS, a number of Lake Samish residences are faced with an annual flood 15 threat when fall and winter heavy rains back up in the lake due to channel obstructions in 5 Friday Creek; and, 17 WHEREAS, The Department of Ecology has issued a policy decision requiring 18 property owners to develop an acceptable plan to augment stream flow from the Lake into 19 Friday Creek during the late summer, dry season; and, 20 WHEREAS, a lake management district may impose special assessments on property 21 included within a lake management district to finance the control of water levels and other 22 lake improvement and management activities; and, 23 WHEREAS, following a public meeting held on May 15, 1991 for residents of the 24 Lake Samish area and tabulation of a survey conducted by the Lake Samish Watershed 25 Planning Committee a substantial number of residents indicated their support of the 26 formation of a lake management district for the purpose of raising money to fund a stream 27 flow augmentation project in Friday Creek, 28 NOW, THEREFORE, BE IT RESOLVED by the Whatcom County Council that its 29 intent is to form in the Lake Samish area a lake management district, to be known as "Lake 30 Management District No. 1"; Page 1 1 BE IT FURTHER RESOLVED, that the following plan has been established as a ? result of the report and testimony of the Lake Samish Watershed Management Committee: 3 SECTION 1. The nature of the lake improvement and maintenance activities proposed to 4 be financed may include, but are not limited to the following: 5 1) Augment the stream flow in Friday Creek and control the water level in Lake Samish 6 by constructing a retention dam and removing beaver dams and any other obstructions in 7 the Friday Creek channel; 8 2) Control the lake level through channel maintenance of Friday Creek. 9 SECTION 2. The amount of money proposed to be raised by special assessments is outlined 10 in Exhibit B. 11 SECTION 3. The special assessments will be imposed both on a one -time basis to finance 12 the lake improvement and maintenance activities in Section 1, with the possibility of 13 periodic installments being paid and lake management bonds being issued, and annually for 14 the duration of the lake management district for maintenance purposes. 15 SECTION 4. The number of years proposed for the duration of the lake management 16 district is three years from the date of its creation. 17 SECTION 5. The proposed boundaries of the lake management district would be the same _d as that recorded in the Whatcom County assessment rolls for Whatcom County Water 19 District #12. The legal description of the proposed lake management district is included 20 in Exhibit A. 21 BE IT FURTHER RESOLVED, the date of September 10, 1991 at 7:00 p.m., in the 22 Whatcom County Council Chambers be set for the hearing on Lake Samish proposed Lake 23 Management District No. 1. 24 APPROVED this 9th day of 2 u 1 v , 1991. 25 26 ATTEST: 27 Z2441'L10�' 28 Ramona Reeves, Council Clerk 29 APPROVED AS TO FORM: 30 31 Civil Deputy Prosecuting Attorney WHATCOM COUNTY COUNCIL W7L j� �W A OM COUNTY, WASHINGTON �(a Dame W_ arner, Chairman Page 2 EXHIBIT A Proposed Boundaries of the Proposed Lake Management District for the Lake Samish Area (Corresponds to the boundaries for Water District 12) Said territory is-described as follows: Beginning at the intersection of the Easterly Right -of: -way line of Interstate Highway No. 5 with the South line of Section 36, Township 37 North, Range 3 East, W.M.; thence Westerly along said South line to the Section corner common to Section 35, Township 37 North, Range 3 East and Section 36, Township 37 North, Range 3 East; thence con- tinuing Westerly to the South 1/4 corner of Section 35, Townshin 37 North, Range 3 East; thence Northerly along the North -south center- line of said Section to the North line of the South 1/2 of the Southwest 1/4 of the Southeast 1/4 of said Section 35; thence Easterly along said North line 950 feet, more or less, to the Olympic pipeline; thence Northwesterly along said Olympic pipeline to a point on the Section line between Sections 26 and 35, Township 37 North, Range 3 East, 50 feet more or less, Easterly of the Section corner common to Sections 26, 27, 34 and 35, Township 37 North, Range 3 East; thence continuing Northwesterly along said Olympic pipeline. to a point on the East -west 1/4 line-of Section 27, Township 37 North, Range 3 East, 640 feet more or less, Easterly of center of said Section 27; thence Westerly along said 1/4 line to the center of said Section 27; thence Southerly 165 feet; thence Westerly 303 feet; thence Southerly 165 feet; thence Westerly 366 feet; thence Southerly 33 feet; thence Westerly along a line 363 feet Southerly of and parallel to-the East - west 1/4 line of said Section 27 to its intersection with the East line of the West 1/2 of Government Lot 5; thence Southerly along said East line to the South 1/16 line of Section 27, Township 37 North, Range 3 East; thence Westerly along said 1/16 line to the West Section line of said Section 27;, thence continuing Westerly on the South 1/16 line of Section 28, Township 37 North, Range 3 East to the North -south 1/4 line of said Section 28; thence Northerly along said North -south 1/4 line to the 1/4 corner between Sections 21 and 28, Township 37 North, Range 3 East, thence Easterly along said Section line•to• the Section corner common to Sections 21, 22, 27 and 28, Township 37 Plorth, Range 3 East; thence continuing along the Section line between Sections 22 and 27 to the East 1/16 line of Section 22; thence Northerly on the said East 1/16 line to the North line of the South 1/2 of the Southeast 1/4 of the Southeast 114 of said Section 22; thence Easterly along said North line to the East line of said Section 22 and the hest line of Section 23, said Township 37 North, Range 3 Last; thence Easterly along the North line of the Southwest 1/4 of the Southwest 1/4 of the Southwest 1/4 of said Section 23 to the West line of the East 1/2 of the West 1/2 of the Southwest 1/4 of said Section 23; thence Northerly along said west line to the Bast -west 1/4 line of said Section 23; thence Westerly along said,1/4 line to the 1/4 corner between Sections 22 and 23; thence Northerly on the Section line between Sections 22 and 23 to a point on the Southwest Right -of -way line of Washington State highway No. 5; thence Northwesterly-along said Right -of -way line to its intersection with the Section line between Sections 15 and '22, said Township and Range; thence Northeasterly to a point on the Nor.th - .east Right -of -way line of Old U.S, highway No. 99 (Samish Highway), 660 feet North -and 390 feet [Jest, more or less, from the Section corner common to Sections 14, 15, 22 and 23, said Township and Range; thence continuing Northeasterly at right angles to said Right -of -way line, 300 feet more or less; thence Southeasterly parallel to said Right -of- way line, 400 feet more or less; thence Southwesterly at right angles to said Right-of-way line, 300 feet more or less, to a point on said Right -of -way line; thence Southeasterly along said Right -of -way line to its intersection with the west 1/16 line of Section 23, said Town- ship and Range; thence Northerly on said 1/16 line, 50 feet more or less; thence Easterly 925 feet, more or less; thence Southerly 1620 feet, more or less; thence Westerly 4£30 feet, more or less, to the Northeast Right -of -way line of Washington State Highway No. 5; thence Southerly and Easterly along said Right -of -way line to the South line of said Section 3G and the Point of Beginning, all situate in Whatcom County, Washington. EXHIBIT B Estimated Costs to Be Included in the Proposed District's Special Assessment A. Estimated cost of building a dam retention system, cleaning and clearing the channel of Friday Creek, and any miscellaneous work associated with the project to augment the flow in Friday Creek $108,644.00 B. Estimated expenses associated with setting up a special district, such as administrative charges for staff time, postage, balloting, supplies, advertising, etc. $ 73,755.00 TOTAL: $116,399.00 Special Notes on Item A. above: The project engineering costs were estimated by Dale French, an engineer and Lake Samish resident. The separate costs of the retention dam ($42,869.00) and the channel cleaning and clearing ($65,775.00) factor in some amounts for unknown elements, such as property acquisition, building of an access road, and other items which are uncertain at this time. Mr. French's cost breakdown was reviewed and deemed reasonable by the County Engineer's Office. The total includes sales tax and an added 5% for inflation, since the project cannot be started until Summer 1992. 7/9/91 Ii/pal