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Home My WebLink Aboutres2001-028WIIATCOM COUNTY COUNCIL AGENDA BILL NO. 2001-0988 CLEARANCES Ovid Date Date Recavedin Coundl0 ice A ends Date A ' nedio: •ginatar. DanGibun s of C is � v E , JUN 0 5 2001 WHATCOM COUNTY COUNCIL 06/12/01 Finance, Council Divid" Dea6 Dept. Dead.' leRMOnun 4((/6( Prosecutor Dan Gibson 5WIF Pr im a: 6/s Ereatlac s.o SUBJECT: Resolution finalizing assessment reimbursement area and assessments for a portion of Academy Road and Latecomers Agreement pursuant thereto ATTACHMENTS. Resolution Latecomers' Agreement Related County Contract k: Should Clerk schedule a hearing: NO /X/ YES" Requested Date: °r1MMARYSTATEMENT: Resolution and agreement finalize decisions and terms approved by Council on May 15, 2001 regarding assessments for a portion of Academy Road. _ ordinance & Resolution To keep down ourco yww coos, J"cam receive a crwy afier Council action Distribution Reauesl oetrihosewhoJry �(t L 1ommes 0 the right ADS Fadlitirs Manag & ADS Finance ADSRUmon Resource ADS Info Services Assevor Auditor CoopmativeE emon lhsMd Coed Fs dve Reach RECOMMENDED ACTION: Adoption of resolution/agreement Rearing E`aada° Jail Juiwdk Partr Planning COUNCIL ACTION TAKEN 2001-98B 61122001: Approved fi , C2vdard out of the room, Res. H2O01 -028 Reli prO1eCutor Public Works Jeff Monsen sherW Superior Coup Treasurer ocher Ordinance or Resolutiap Number p (this item): 4F -02p sucenw nrua.. WHATCOM COUNTY PUBLIC WORKS DEPARTMENT WHATCOM COUNTY COURTHOUSE 311 Grand Avenue Bellingham, WA 98225 -4038 JEFFREY M. MONSEN, P.E. Director MEMORANDUM y\MING�< �GOM CO 3rP ��-` . JUN 0 1 2001 PETE KREMEN COUNTY EXECUTIVE TO: The Honorable Pete Kremen, County Executive and Honorable Members of the FROM: Daniel L. Gibson Senior Deputy Prosecuting Attorney RE: Academy Road Latecomers' Agreement DATE: May 31, 2001 Phone: (360) 676 -6692 County: (360) 398 -1310 FAX: (360) 738 -4561 Attached hereto is a resolution to finalize the assessment reimbursement area and assessments for a portion of Academy Road and a latecomers' agreement. These documents accurately reflect the Council's decision and terms of the agreement approved at the Council meeting on May 15, 2001. Staff recommends that Council finalize the decision made on that date by adoption of the attached resolution. This cordmns in proper written form the reasons for, and the terms of, the Council's decision. DG /pb Enc. 1 SPONSORED BY: Consent 2 PROPOSED BY: Consent 3 INTRODUCTION DATE: Jane 13, 2001 6 RESOLUTION NO. 2001 -028 7 8 IN THE MATTER OF FINALIZING 9 THE ASSESSMENT REIMBURSEMENT AREA AND ASSESSMENTS 10 FOR A PORTION OF ACADEMY ROAD 11 12 WHEREAS, Don Olson, a private developer, as a condition of approval for his 13 long -plat application, was required by Whatcom County to build a road now part of, and 14 known as, Academy Road; and 15 16 WHEREAS, Mr. Olson built the required portion of the road to standards adopted 17 by the County for the traffic expected to be generated by 40 residential dwellings; and 18 19 WHEREAS, several property owners along the route served by the road 20 improvement provided financial and/or in -kind assistance to Mr. Olson; and 21 22 WHEREAS, Whatcom County provided engineering design assistance and 23 inspection services for the road construction but is not seeking reimbursement for its 24 contribution thereto; and 25 26 WHEREAS, Mr. Olson made application for a latecomers' agreement under 27 Whatcom County Code Chapter 12.44 prior to acceptance of the new portion of Academy 28 Road by the County; and 29 30 WHEREAS, a significant number of property owners access their properties along 31 or otherwise by means of the new portion of Academy Road; and 32 33 WHEREAS, the presence of a County road providing good access to these 34 properties significantly enhances the value of these properties; and 35 36 WHEREAS, the expenditure by Mr. Olson, with assistance from several other 37 property owners, represents a significant savings of money for each of the property 38 owners who would otherwise have had to construct this road themselves in order to short- 39 plat, long -plat, or otherwise develop their properties, or otherwise have had to contribute 40 to the construction of the road; and 41 42 WHEREAS, Whatcom County staff has endeavored to make a fair allocation of 43 the cost of the road construction undertaken by Mr. Olson and several other property 44 owners in an effort to enable those who made such contributions to recoup the portion of 45 the expenditure that exceeds their fair share of the cost; and 1 WHEREAS, several landowners along the new portion of Academy Road were 2 dissatisfied with the allocation of the costs of road construction under a latecomers 3 agreement put forward by County engineering staff; and 4 5 WHEREAS, a number of the dissatisfied parties, including Bruce Parker, Mike 6 Rorvig, the Lake Whatcom Residential Treatment Center, and the Sola family, appealed 7 the latecomers assessment to the Whatcom County Council; and 8 9 WHEREAS, the County Council at its meeting on April 17, 2001, conducted a 10 hearing and received testimony from appellants Rorvig, Parker, and Sola on why they 11 believed they should not have to pay the amount assessed against them in the staff - 12 approved version of the latecomers agreement; and 13 14 WHEREAS, the Council, after closing the hearing late that night, referred the 15 matter for further consideration to its Public Works Committee at the next Council 16 meeting day on May 1, 2001; and 17 18 WHEREAS, Mr. Rorvig, Mr. Parker, Mr. Rick Sola, and Mr. Pat Wheat all 19 appeared and were present during the entirety of the Public Works Committee on the 20 afternoon of May 1, 2001; and 21 22 WHEREAS, the comments made during the course of that committee meeting 23 were limited to those issues in which the parties present had an interest, and had no 24 bearing on any of the other parties affected by the latecomers agreement; and 25 26 WHEREAS, after hearing the comments offered by the people present at the 27 committee meeting, the Committee decided to recommend re- opening the hearing on May 28 15 for additional opportunity to offer testimony on matters of interest to these particular 29 people; and 30 31 WHEREAS, at its May 1, 2001 meeting, the Council decided to reopen the 32 hearing for additional testimony at its May 15 meeting on the issues raised by the people 33 present at the committee meeting, none of which issues had any bearing on other people 34 within the assessment area; and 35 36 WHEREAS, at its May 15, 2001 meeting, the Council heard additional comments 37 from Mr. Olav Sola and Mr. Pat Wheat, and received written communication from Mr. 38 Rorvig on the issues pertaining to their assessments; and 39 40 WHEREAS, the Council finds that the owners of the property designated as 41 "Smith", i.e., the Solas, are not entitled to a credit against their assessment for materials 42 contributed by someone else; and 43 44 WHEREAS, Mr. Wheat had not filed an appeal to Council challenging the staff's 45 allocation of assessments, though he had expressed in writing his concerns about a 1 somewhat different preliminary proposal put forward by staff in the latter part of 1999; 2 and 3 4 WHEREAS, through the May 1 committee hearing, Mr. Wheat expressed 5 satisfaction to staff and to Council with the assessments proposed by staff and which are 6 hereinafter adopted by Council; and 7 8 WHEREAS, after hearing and receiving all testimony, the Council determined to 9 eliminate the assessment against Mr. Parker, reduce Mr. Rorvig's assessment by 10 approximately $5000 to a total of $20,000, and leave Mr. Sola's and Mr. Wheat's 11 assessments as originally presented to Council by Engineering Division staff; and 12 13 WHEREAS, Mr. Olson had indicated to staff that he was willing to accept the 14 reductions in assessment that the Council in fact adopted, and absorb those reductions in 15 the amount owed to him; and 16 17 WHEREAS, no one's assessment was increased from the amount proposed by 18 staff in the assessment formula brought to Council; and 19 20 WHEREAS, on May 15, 2001, pursuant to the procedures contained in Whatcom County 21 Code 12.44.060, and in light of the considerations noted above, the County Council approved a 22 final assessment reimbursement area and assessments, as attached hereto and made a part hereof. 23 24 NOW, THEREFORE, BE IT RESOLVED that the final assessment reimbursement area 25 and assessments for the Academy Road improvement project, as attached hereto and made a part 26 hereof, are hereby established, effective May 15, 2001. 27 28 29 ADOPTED this 12 day of June , 2001. 30 31 32 9DBrown "Da"s, 33 34 35 36 1 Rerk 37 38 APPROVED AS TO FORM: 39 40 42 Civil Deputy Prosecuting Attorney 43 44 WHATCOM COUNTY COUNCIL /�— W�1Hy-A /ATCOM COUNTY, WASHINGTON l L. 4oiAcil 'hair () Approved () Denied I V/k Pete Kremen, County Executive Date: