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HomeMy WebLinkAboutres1990-004WHATCOM COUNTY COUNCIL AGENDA BILL NO. Council /DW nnnn,� n E 00 E � V E D 1/4/90 PS /Counci 6112 LC 2 8 1989 a. u Purchasin WHATCOM COUNTY Bud et Dir.- COUNCIL Executive- new. Ery6INF SUBJECT.• ?2�� Resolution setting a hearing on the formation of the Academy Road Road ImpY9gi�r`�i�!Dst. ATTACHMENTS. Resolution Letter dated 12/6/89 regarding status (on file) Letter recommending changes to resolution dtd. 1/3/90 Public Hearing Needed? Yes /K f No /_ l 2/1/901 SUMMARY STATEMENT.- Councilman Dan Warner was contacted by some of the petitioners for this RID, who complained that nothing had been done with the petition since it was filed four years ago. Engineering responded that it needs an appraisal done on the properties involved, to ensure that'the cost of improvements would not exceed the value of the properties involved, in the event the County should need to foreclose in order to recover costs. Following discussion at the 12/21/89 Public Services meeting, Engineering said it would stand firm on this requirement. At the petitioner's request, the - hearing is being scheduled whi:le.the'appraisal'is being sought. RECOMMENDED ACTION.• Recommend that Council set a hearing on the formation of the Academy Road RID for February,,2 1990. 1 COMMITTEE ACTION (including dates): q -clo I�it 6 C� C 1C.ry iC e:5 k Y I E-,F U d-D P " -, . COUNCIL ACTION (including dates): Related File Numbers: Ordinance or Resolution Number. k M - 1�- 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 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 INTRODUCED BY: Consent PROPOSED BY: Council DATE INTRODUCED: January 4, 1990 RESOLUTION NO. 90 -4 IN THE MATTER OF FORMATION OF WHATCOM COUNTY ROAD IMPROVEMENT DISTRICT NO. 12 FOR IMPROVE- MENT OF ACADEMY ROAD, TO COUNTY STANDARDS. BE IT RESOLVED by the Whatcom County Council: CFf TTnN 1 Whatcom County has been presented with, a petition to initiate formation of a County Road Improvement District for improvement of Academy, in Sections 23 & 24, Township 38 North, Range 3 East of W.M. to Whatcom County standards. CFrTTnN 9 The nature and territorial extent of the improvements shall be as follows: 1. Construction of Academy Road, beginning at the Minot Street Right -of- way near end of existing pavement and extending east approximately .72 miles, to Whatcom County standards. SECTION 3. The proposed Road Improvement District shall be designated as Whatcom County Road Improvement District No. 12. CFrTTnN d The legal description of the boundaries of the proposed Road Improvement District is attached hereto as Exhibit "A ". CFCTTnN ;_ The total estimated cost of the improvements is $480,000 CF('TTnm F The entire cost and expense of the improvements will be borne by the pro- perty within the proposed district. The proportionate cost per property will be calculated on the basis of estimated cost per lot under current zoning for maximum lots allowable. CFf TTnN 7 Prior to passage of the ordinance establishing the RID, an appraisal will need to be performed to determine that the special benefits derieved from the improvements are greater than the assessment. Such appraisal to be paid by pro- ponents, with the costs to be reimbursed by the RID after establishment. 1 SECTION 8. 2 3 Under RCW Chapter 35.72 and County Ordinance No. 84 -114, the Whatcom County 4 Council may allow for partial reimbursement to the owner or owners who contri- 5 buted to the original cost of the road project, by other property owners of real 6 estate who will directly benefit by zoning changes, direct private access, or 7 other direct benefit from the construction improvements. 8 9 SECTION 9. 10 11 The owners of property in said proposed Road Improvement District No. 12 12 shall be notified to appear at a meeting of the Whatcom County Council in the 13 Council hearing room on the second floor of the Whatcom County Courthouse to be 14 held at 7 p.m., on the 1st day of February , 19 90 , on proposed 15 Road Improvement District No. 12. 16 17 SECTION 10. 18 19 The County Engineer is directed to submit to the Council at or prior 20 to the meeting specified in the preceding section, a diagram or print showing 21 thereon the lots, tracts and parcels of land and property which will be spe- 22 cially benefited, and the estimated amount of the cost and expense to be borne 23 by each lot, tract, or pracel therein, and also designating thereon all property 24 which is being purchased under contract from the County. 25 26 SECTION 11. 27 28 This Resolution of Intention shall be published in at least two (2) con - 29 secutive issues of a newspaper of general circulation in the county, with the 30 date of the first publication to be at least fifteen (15) days prior to the date 31 fixed by this resolution for hearing before the Whatcom County Council. 32 33 SECTION 12. 34 35 The County Engineer shall see that notice of adoption of this Resolution of 36 Intention is given to each owner or reputed owner of a lot, tract, or parcel of 37 land within the proposed district by mailing to the owner or reputed owner of 38 the property as shown on the tax rolls of the County Treasurer at the address 39 shown thereon at least fifteen (15) days before the date fixed for public 40 hearing. The notice shall refer to this resolution and the designated number of 41 the improvement district, and shall set forth the nature of the proposed impro- 42 vement, the total estimated amount of the cost and expense of such improvement 43 to be borne by the particular lot, tract or parcel, the date and place of the 44 hearing before Whatcom County Council, and shall contain the directions for 45 voting upon the formation of the proposed district. 46 47 SECTION 13. 48 49 The Clerk of the Council shall prepare and mail, together with the notice 50 above referred to, a ballot for each owner or reputed owner of any lot, tract, 51 or parcel of land within the proposed improvement district. The ballot shall 52 contain the following proposition: 53 54 55 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 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 "Shall Whatcom County Road Improvement District No. 12 be formed ?" YES . . . . . . . . . . . F1 NO . . . . . . . . . . . [I and, in addition, shall contain appropriate spaces for the signatures of the property owners, and a description of their property, and shall have typed or printed thereon the direction that all ballots must be signed to be valid and must be returned to the Clerk of the Council not later than five (5:00) o'clock p.m. of a day which shall be one (1) week after the date of the public hearing. crrTT(MI 1A This notice of adoption of the Resolution of Intention shall also contain the above directions, and in addition, thereto, shall state the rules by which the election shall be governed. DONE in regular open session this 4th day of January 1990 . WHATCOM COUNTY ATTEST: Ramona Reeves, Clerk of the Council APPROVED AS TO FORM: Civil Deputy Prosecuting Attorney EXHIBIT "A" LEGAL DESCRIPTION All that portion of the following described tract of land: Commencing at the northeast corner of the southeast quarter of the northeast quarter of Section 23, Township 38 North, Range 3 East, W.M., thence westerly to the northwest corner of the southwest quarter of the northeast quarter of said Section, said point also being on the easterly right -of -way line of Minot Street, as per the plat of East Silver Beach, filed in Vol. 3, page 19, Records of Whatcom County; thence southerly along the easterly right -of -way line of Minot Street to the center of Section 23; thence southerly to the southwest corner of the northwest quarter of the southeast quarter of said Section; thence easterly to the southeast corner of the northeast quarter of the southeast quarter of said Section, said point on the Section line common to Section 23 and 24; thence easterly to the southeast corner of the northwest quarter of the southwest quarter of Section 24, Township 38 North, Range 3 East, W.M., thence northerly to the northeast corner of the northwest quarter of the southwest quarter of said Section 24, said point also on centerline of Section; thence northerly to the northeast corner of the southwest quarter of the northwest quarter of said Section 24; thence westerly to the northwest corner of the southwest quarter of the northwest quarter and the point of beginning. All located in Whatcom County, Washington. W DEPARTMENT OF PUBLIC WORKS SCAN PREFIX 769 COUNTY NO. 398 -1310 (206) 676 -7727 D I V I S I O N O F E N G I N E E R I N G Courthouse, Bellingham, Edwin R. Henken, P. E. - County Engineer ADMINISTRATION (206) 676 - 6730/398 -1310 Nasser Y..M.ansour, P. E. - Asst. County Engineer PAUL F. RUSHING - - ; l DIRECTOR SCAN 769 -6730 -j / j (206) 676-6692 . ... �. J v _i I Brad A. Bennett. C.P.A. "' t� December 6, 1989 Fiscal Manager �- �.� (206) 676-6863 Mary Chisholm L '"s / '. 1. ! (�- Is I Admin. Serc. Mgr. �.. '! :'1 i'v i (206) 67611886 TO: The Honorable Shirley,•;Vam- Zan,to,rT;; County Executive and 316ngha Street Honorable Members of the Public Services Co mittee Bellingham, WA 98225 DIVISIONS FROM: Edwin R. Henken, County Engineer BUILDINGS & CODE John R. Tier SUBJECT: Status - Academy Road R.I.D. Deputy Administrator 401 Grand Avenue Bellingham. W'A 98225 (206) 676-6907 We have completed our engineering estimate for upgrading almost 3/4 -mile of Adademy easterly of the present paved Academy Road; such improvement to be BUILDING MAINT. funded through establishment of a R.I.D. The cost for this improvement is Jerry Gran approximately $470,000. Supt. of Bldgs. & Safety Bsm Safety Bldg. In view of the undeveloped nature of the terrain the present land use and Bellinngham, ham. WA 98225 p , (20'-'6 -6746 zoning, the lack of utilities, and anticipated difficulty in rezoning, we recommend that an appraisal be made to determine benefits to the property Edwin R. Henken, n P.E. by the improvement. This appraisal should be carried out on a before and County Engineer after basis in order to accurately reflect that the benefits received by Courthouse -311 GrandAve.the improvement will exceed the cost of the improvement, as required by Bellingham. WA 98225 (206) 676-6730 730 > > State law. Also because of the difference in zoning and land use we recommend that the assessments be made on a special benefit basis, varying EQUIP. RENTAL& with the number of legal building lots that can be provided in each parcel. MAINT. A latecomers provision should also be included with assessments to be made Glen on C Fleet Control for a 15 -year Manager on property served by the improvement and which 901West Smith Road receive an increased density rezone or obtain direct access to the improve - Bellingham,WA98226 ment through private roads or easements. This latecomers assessment would (206) 676fi759/384 -3221 then be credited to the original R.I.D. participants. FERRIES & DOCKS William K. Hawley An immediate question which must be resolved is the paying for the Captain appraisal costs which we anticipate will be approximately $5,000. The 3i6 Lottie Street prime R.I.D. proponent is reluctant to pay for the appraisals with refund (M6)676- 66A98225 Z conditioned upon successful establishment of an R.I.D. He prefers that the appraisals be delayed until after the public hearing and voting is carried MAINT. & OPERATIONS out to determine binding interest in the R.I.D. If the R.I.D. then pro - MarlenHansen ceeds to establishment the appraisals could subsequently be made.. Superintendent , 901 West Smith Road Bellingham,WA98226 We will be pleased to discuss the above with you. (206) 676-6759/398 -3221 SOLID WASTE Robert 3urica, P.E. ERH /mp Sr sic Manager Belhugnam Medical Center 1800 C Street, E -15 Bellingham, WA 98225 (206) 676 -7695 W DEPARTMENT OF PUBLIC WORKS C SCAN PREFIX 769 COUNTY NO. 398 -1310 1 (206) 676 -7727 D I V I S I O N O F E N G I N E E R I N G ADMINISTRATION Courthouse, Bellingham, Edwin R. Henken, P. E. - County Engineer DIURECTORSHING (206) 676 - 6730/398 -1310 Nasser Y. Mansour, P. E. - Asst. County Engineer (206) 676 -6692 SCAN 769 -6730 0 Brad A. Bennett, C.P.A. 4 Fiscal Manager (206) 676-6863 Mary Chisholm nj� January 3, 1990 (206)6 -688 Mgr. (206) 676-6886 ��� L /VCS 316 Lottie Street 40 Bellingham, WA 982251�tI �yyo M E M 0 DIVISIONS BUILDINGS & CODE TO: Shirley Van Zanten, ecutive and John R. Tyler Ramona Reeves, Clerk the County ouncil Deputy Administrator 401 Grand Avenue FROM: Edwin R. Henken, County Engineer ` Bellingham, WA 98225 (206) 676-6907 SUBJECT: Resolution Setting Hearing for R.I.D. No. 12 - Academy Street BUILDING MAINT. Jerry Gran Supt. of Bldgs. &Safety We have received a few comments from Cynthia Weed, the County's R.I.D. B- `-- :ham, WA 982B25 Public Attorney. It is recommended that these be included in the above resolution '6 -6746 for adoption by the Council. A copy of Ms. Weed's transmittal letter and marked modifications is attached. ENGINEERING Edwin R. Henken, P.E. County Engineer Summarizing the recommended changes are: Courthouse - 311 Grand Ave. (206)67"730A98225 Section 7 line 51 .... delete "need to ". On line 53 insert "'in advance" (206) 676 -6730 following "reimbursed" and "property owners within the" in front of R.I.D. EQUIP. RENTAL& Add a period after R.I.D. Delete "after establishment ". MAINT. Glen Kiep Fleet Control Manager 901 West Smith Road Bellingham, WA 98226 (206) 676 - 6759/384 -3221 FERRIES & DOCKS William K. Hawley Captain 316 Lottie Street Bellingham, WA 98225 (206) 676 -6692 MAINT. & OPERATIONS Marlen Hansen Superintendent 901 West Smith Road Bellingham, WA 98226 (206) 676 -6759 /398 -3221 SOLID WASTE )' lurica, P.E. ante Manager Bellingham Medical Center 1800 C Street, E -15 Bellingham, WA 98225 (206) 676 -7695 Section 8, line 3 .... add ", RCW 36.88.078" after "35.72 ". Section 9, line 14... delete "8 " and insert 1190 ". ERH /mp SENT BY: PRESTON THORGRIMSON ")HIDLER GATES & ELLIS ATTORNEYS AT LAW 1- 2-90 ; 13:32 -►WHATCOM COUNTY ;#t 2 January 2, 1990 WXLt*V'4 Direct Diftl HO. (206) 467 -2701 VIA TELLFAX AND U. S. MAIL Roger McCarthy Whatcom County Engineering Department 216 Lottie Street Bellingham, WA 98225 Re: Road Improvement District No. 12 Dear Roger: 5400 COLUMBIA CENTER 701 FIFTH AYBNUB SSATTLB, WA 98104.7078 TBLSPHONH (206) 623.790 FACS1I 9M (206) 623.7022 Enclosed is the draft resolution, marked with our comments. In section 7, we added a notation that the costs of the appraisal would be collected in advance. The County may have some logistical problems with collecting the appraisal costs in advance, before the formation of the RID. You may wish to reconsider this issue as a policy matter. Do you have the forms for publication /mailing of notice, or would you like me to provide them? I checked on the Public Works meetings and found that the group has become inactive. Coo strong is still working at Snohomish County but has changed departments. if the group reactivates, I will let you know. very truly yours, PRESTON THORGRIMSON SHIDLER GATES & ELLIS By " Cyn hia M. Weed 4 CMW:mkj Enclosure It% CMW%WS082- ea.001%CKLmetaxth.1MV $IATIIA WA SSU"UB, WA TACOMA, WA ANCHORWO, AX PORTLAND, 0A a.�ra FW lioonw -M r �p06)60& a rp (Ma}yu fa; (MM'W" J (10 3+iOW 6l InMnw. Pm LK 09•PJig A P.)T1VRa.fYm fNCLL1171N1i j P)11 0Rl11.50Il. rHA MlaT/Av WASENOTM, DC r rpm 'iaN 0 SENT RY: FkUM:WHATCOM COUNTY 1 2 3 4 5 6 7 8 9 10 11 17 14 15 17 18 19 20 21 22 23 24 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 46 46 47 48, 49 50 51. 52 53 55 1- 2-80 ' 13'32 4WHATCOM COUNTY ;# 3 T'0.122PP13026BPP2056237R122 DEC 28, igeg e:31AM P. INTRODUCED BY; PROPOSED By., DATE INTADDUCEDf- RESOLUTION NO. IN THE MATTER OF FORMATION OF WHATCOM COUNTY ROAD IMPROVEMENT DISTRICT NO. 12 FOR IMPROVE- MENT OF ACADEMY ROAD, 70 COUNTY STANDARDS. BE IT RESOLVED by the Whatcom County Councils SECT 1 Whatcom County has been presented with, a petition to initiate formation of a County Road Improvement District for improvement of Academy, in Sections 23 & 24, Township 38 North, Range 3 East of W.M. to Whatcom County standards. SECT I Q..�. N. 2. The nature and territorial extant of the lmprovements:shali be as follawss 1. Construction of Ar<adsmy Road, beginning at the Minot Street Right-Of- WAY near end of existing pavem$nt and extending,Aast approximatgly .72 miles, to Whatcom County standards. SECT The proposed Road Improvement District shall be designated as Whatcom County Road improvement District No, 12. SECT The legal description of the boundaries of the proposed Road Improvefnt District is attached hereto as Exhibit "A". SECTION G. The total estimated cost of the improvements is $4809000 SECT The entire cost and expense of the improvements will be borne by the pro- perty within the proposed district. The proportionate cost par property will be calculated on the basis of estimated cost per Tot under currant zoning :. for maximum lots allowable. SECTION 7 Prior to passage of tho ordinance establishing the RID, an appraisal will *U"A-to be performe4 to determine that the special benefits dorieved from the improvements are greater than the assessment. Such appraisal to be paid by pro- ponents, with the costs to be reimburse by the RXa• sk W�i'►ui� The. W IYI Di, - �CMaWHATCOM COUNTY r I' L"JU r I J� JJ r TO:122PPI.30268PP2066237022 - 1"Vitl l V V m V, V,, i i fi n. , DEC 28► ises 8132AM 13 1 C TION' 8. rr Raw 31049 -M 3 Under RCW Chapter 35.72iand County Ordinance No. 84 -1146 the Whatcom County - 4 Council may allow for partial reimbursement to the owner or owners who contri- 5 buted to the original cost of the road project, by other property owners of real 6 estate who will directly benefit by toning changes, direct private access, or 7 other direct benefit from the construction improvements. B 9 SECT,- ION. 10 11 The owners of property in said proposed Road Improvement District No. 12 12 shall be notified to appear at a meeting of the Whatcom County Council in the 13 Council hearing room on the second floor of the Whatcom County Courthouse to be 14 held at .m., on the day of , 190 ,. on proposed 15 Road lm Fovemant District No. "IF7. 16 17 SECTION 10. 19 The County Engineer is directed to submit to the Council at or prior 24 to the meeting specified in the preceding section, a diagram or print snowing 21 thereon the lots, tracts and parcels of land and property which will be spe- 22 cially benefited, and the estimated amount of the cost and expense to be borne 23 by each lot, tract, or pracel therein, and also designating thereon all property. 24 which is being purchased under contract from the County. 25 26 SECTION 11, 27 28 This Resolution of Intention shall be published in at least two (2) con - 29 secutive issue's of a newspaper of general circulation in the county, with the 30 data of the first publication to be at-least fifteen (15) days prior to the date 31 fixed by this resolution for hearing before the Whatcom County Council. 32 33 $ECTi0N 12. 34 35 The County Engineer shall see that notice of adoption of this Resolution of 36 Intention is given to each owner or reputed owner of a lot, tract, or parcel of 37 land within the proposed district by mailing to the owner or reputed owner of 38 the property as shown on the tax roils of the County Treasurer at the address 39 shown thereon at-least fifteen (16) days before the date fixed for public 40 hearing. The notice shall refer to this resolution and the designated number of 41 the improvement district, and shall set forth the nature of the proposed impro- 42 vement, the total estimated amount of the cost and expense of such improvement 43 to be borne by the particular lot, tract or parcel, the date and place of the 44 hearing before Whatcom County Council, and shall contain the directions for 145 voting upon the formation of the proposed district. 46 47 SECTION 13. 48 49 The Clerk of the Council shall prepare and mail, together with the notice 60 above referred to, a ballot for each owner or reputed owner of any lot, tract, 51 or parcel of land within the proposed improvement district. The ballot shall 62 contain the following proposition: 63 54 66 BENT RY: ui loTCOM COUO1TV 1- 2-90 ; 13 :34 4WHATCOM COUNTY ;# S TQ' i =n%aanCL]n(' ZQICGQ0g0.M DCC 00, i000 0,330M n.. 1 "Shall Whatcom Count Road Improvement 2 Distr1ct No. 12 be ormed ?" 3 4 YES... b sNO......... a 7 8 ands in addition, shall contain appropriate spates for the signatures of the A property owners, and a description of their property and shall have typed or 10 printed thereon the direction that all ballots must 6e signed to be valid and 11 must be returned to the Clerk of the Council not later than five (6100) o'clock 12 p.m. of a day which shall be one (1) week after the date of the public hearing.. 13 14 SECTION 14. la 16 This notice of adoption of the Resolution of Intention shall also contain 17 the above directions, and in addition, thereto, shall state the rules by which 18 the election shall be governed. 19 ' 20 , 21 DONE in regular open session this day of , 22 19 24 25 WHATCOM COUNTY COUNCIL 26 WHATCOM COUNTY, WASHINGTON 27 28 29 30 D006 A. MMOY% -M MM' 31 32 ATTCSTi Ramona Raervess 33 Clerk of the Council 34 35 36 37 APPROVED AS TO FORK: 30 39 40 41 Ci pap y- roikui Ing Wfi-orRy- 42 43 44 45 46 47 48 49 5d 61 52 53 54 55 SENT BY: rMOM: WHATCOM COUNTY T0:122PP130268PP2066237022 EXHIBIT "A" LEGAL. Descu pTION All that portion of the following described tract of land, DEC 28, 1989 8133AM P.05 commencing at the northeast corner of the southeast quarter of the northeast, quarter o Section 23, Township 38 North, Range 3 East, WA, thence westerly to the northwest corner of the southwest quarter of the northeast quarter of said Section, said point also being on the easterly right -of -way line of Minot Street, as par the plat of East Silver Beach, filed in Vol. 3, page 14, Records of Whatcom County; thence southerly along the easterly right- of -wmy line of Minot Street to the center of Section 23; thence southerly to the southwest corner of the northwest quarter of the southeast quarter of said Section; thonce easterly to the southeast corner of the northeast quarter of the southeast quarter of said Section, said point on the Section line common to Section 23 and 24; thence easterly to the southeast corner of the northwest quarter of the southwest quarter of Section 24, Township 38 North, Range 3 East# Wsm., thenco northerly to the northeast corner of the northwest quarter of the southwest quarter of said Section 24, said point also on centerline of Section; thence northerly to the northeast corner of the southwest quarter of the northwest quarter of said Section 24; thence westerly to the northwest corner of the southwest quarter of the northwest quarter and the point of beginning, All located in Whatcom County, Washington.