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HomeMy WebLinkAbout2180 E Ustick William VaughnMeridian City Council August 6, 1996 Page 3 those in favor? Opposed? MOTION CARRIED: All Yea ITEM #2: TABLED JULY 16, 1996: REQUEST FOR A NON -DEVELOPMENT AGREEMENT FOR INTERSTATE CENTER: Corrie: That was requested that it be removed from the agenda. Morrow: Did they want it re -scheduled or just totally removed? Corrie: Totally removed Mr. Morrow. Morrow: So moved Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree that it be totally removed, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #3: TABLED JULY 16,1996: REQUEST FOR HOOK UP TO CITY SEWER FOR WILLIAM VAUGHN'S PROPERTY BY MAX BOESIGER: Corrie: Is Mr. or Mrs. Vaughn here or Max Boesiger? Boesiger: Thank you Mayor, Mr. Mayor and members of the Council I am Richard Boesiger with Max Boesiger Inc. After our last meeting we looked at the site again and determined thF `_ the shortest distance for the service line from the existAg house would be straight out the front of the house and tie into the main line in Ustick. With the actual location of the line being 2 to 3 feet off of property line. This is the shortest distance and it is also in compliance with the staff's recommendation or preferences that the service line be all on the property that it is serving. I would also like to add we agree with the concept of growth paying its own way, every developer knows that he has to bring, in order to develop a subdivision he has to bring sewer to it and through it. If you are also unlucky enough to be adjacent to an arterial or main line you also have to carry that through also. We have done all of that. We don't feel like this request has anything to do with new growth, this is a simple request by the owner of a 40 year old house to hook up to sewer now that it is available. Again we are just asking your permission to hook up that existing house to sewer and to pay the double fee. Thank you Meridian City Council August 6, 1996 Page 4 Corrie: Any questions or discussion of Council? Morrow: So do I understand that the sewer line now goes, the main sewer line goes across the front of this property to their easterly property boundary, Gary is that correct? Smith: Mr. Mayor and Councilman Morrow, I understood from Richard's letter that I received on the 31st of July or that he wrote on the 31st of July that he was going to extend that across the front of that property. So I assume that has been done, I haven't verified that. Boesiger: I can confirm that, my sewer contractor is installing that line adjacent to Summerfield right now. I had assumed that he would be getting to that long before now, he had troubles with ACHD's requirements in closing the street. I made an assumption on how you might rule and wrote the letter to Gary. However, he will be approaching that eastern most boundary tomorrow. Corrie: Thank you Morrow: So the staff has no problems then with this request. Smith: No I don't Morrow: I have no further questions. Corrie: I will entertain a motion on the request. Morrow: Mr. Mayor, I would move that we grant the request for the hook up to the City sewer for William Vaughn's property by Richard Boesiger subject to staff conditions and applicable fees. Tolsma: Second Corrie: Motion made by Mr. Morrow, second by Mr. Tolsma, any, further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #4: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR VARIANCE REQUEST BY CAMERON CORDOVA: Morrow: Mr. Mayor, I have no questions or no problems with the findings of fact and MERIDIAN CITY COUNCIL MEETING: August 6.1996 APPLICANT: ITEM NUMBER; 3 REQUEST: REQUEST FOR HOOK UP TO CETY SEWER FOR WILLIAM VAUGHN'S PROPERTY AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS �} x .✓ � qe p q p OTHER: All Materials presented at public meetings shall become property of the City of Meridian. --- .-- — --- i- -1 1,"t el Ol1CJllotK, INL; . Max A. Boesiger, Inc. General Contractor & Developer July 31, 1996 Gary Smith Meridian City Engineer 33 E. Idaho St, Meridian, ID 83642 FAX #887-4813 Dear Gary, 6662687 P.01 SUM►IERFIELD THE VMETARDS WESTDALE PARK EAGLE POINTE I have been trying unsuccessfully to get in touch with Walt Marrow concerning hooking up the existing Vaughn house to city sewer. If I am unable to contact him, or in the absence of new agreements, when we install the required sewer extension in Ustick Road adjaicent to Summerfield Subdivision, we will extend the sewer and water line the additional 90' along the frontage of the Vaughn property. Kelly Fulfer has indicated that he plans to do this on Thursday if everything works out with ACI -ID. After looking at the site again, we have decided that the best location for the service line will be on the wast side of the lot between an existing wire fence and the Summerfield boundary line. This would place the line approximately Tor 3' into the Vaughn lot. This location would have the least disruption of yard and landscaping. During the installation of the main line, we will stub out for the service, and install the service line latei with county permits, after council approval. If you see any problems with this plan, or anything I've missed, please let me know. If not, would you pass this informations on to the inspectors? Sincerely, Richard Boesiger NYARDS 2/447 S. VISTA • BOISE, ID 83705 • (208) 336.2001 • FAX (208) 336-2387 w_' EAGLE POINTE JUL 31 '96 11.43 3362387 PAGE.01 18 us-ncK RD vh JUL 31 '96 11:43 SCALP- 1 11 =30 3362387 PAGE.02 w u YAPD w GNr o axis Fes' GO0,e l5 ! d �o L~X19T, S 'ANK Ln �� -in► �hisrWww r `° 15 18 us-ncK RD vh JUL 31 '96 11:43 SCALP- 1 11 =30 3362387 PAGE.02 Meridian City Council July 16, 1996 Page 42 ` specific procedures in which you follow to file an appeal to such a variance. So my answer would be no that I don't believe that this is the time to take up such an issue. If they would look back at the methods and procedures and file an appeal if that is what they desire to do. Corrie: Do you understand what we are saying here, if you want to appeal that variance than there is a procedure to follow we will put it on the agenda and go at that point with it. Rice: It wasn't so much to appeal it, it was just in working with the developers and real estate we just wanted it in black and white, we wanted it before the Council and we talked to Shari and Shari said to be able to get it before you guys that we needed to request an audience. That is what the letter was doing was requesting an audience. Just so that it would be black and white on tape and we all would know what is going to happen. Corrie: I might suggest that you talk with Mr. Stucker maybe you get a plan of the landscaping, I think could be worked out. It would be much easier and much better if you could do it that way rather than to come back with it, it is entirely up to you how you want to handle it. If you want to handle it the other way then we will get it on the agenda and we will get you the proper procedure. Thank you. ITEM #11: REQUEST FOR HOOKUP TO CITY SEWER FOR WILLIAM VAUGHN BY MAX BOESIGER: Corrie: Richard? Boesiger: Good evening Mayor and members of the Council, I am Richard Boesiger. When we purchased the Summerfield 3 property from Bill Vaughn a little over a year ago, he requested that we hook his existing house up to sewer and I admit we didn't think to discuss or we didn't think of the annexation issue. We agreed to that of course and that we v ,juld do it when we built the subdivision. Now we starteca building the subdivision and we looked into what it was going to take to get it hooked up and realized that it is Council's general preference that the property be annexed. So I called Bill, I have had three or -four calls to Bill and he has expressed an unwillingness to be annexed at this time. He does recognize that when, I forget his name, the farmer next door, when Tom (inaudible) becomes annexed he recognizes that he will have to go in at that time because he will be surrounded. At the present time he is just on the boundary. I really am not sure what exactly his reasoning is, he never really did say. He just basically said he prefers not to be annexed at this time. We are aware of the additional fee involved when we are not in the City. I guess that is it. I will answer any questions that you might have. Corrie: Council? Meridian City Council July 16, 1996 Page 43 Morrow: I have a question Mr. Mayor, generally speaking these requests are for sewer and water and of course there are the double fees that are involved in that. What he is asking for is just sewer and not water? Boesiger: That is correct, he, well part of our agreement was that we would hook him up to sewer and stuff the pressurized irrigation to him which we have, that is now done. He says his well on the site currently is fine. With pressurized irrigation all of the well would be used for is domestic water inside the house, so he felt like he didn't need water. He did want to be assured that the main would be available if he ever did want to hook up to it which it will be. We are carrying the water line down Ustick to just past his boundary line. So, if he ever wants to hook up in the future then he would have the ability to do that. Corrie: Any further questions from Council? Rountree: I would have a question for Gary Smith on the doability of this? Smith: The ability? Rountree: The doability of making this connection. Smith: I need to ask Richard a question, this is the house that is at the southeast corner of the parcel that you purchased is that correct? Boesiger: Right this is that one small out parcel with that one existing house on it. Smith: It would be connecting to an interior street, sewer at an interior street? Boesiger: No, we are extending sewer and water down Ustick just past the line and Smith: Past his east boundary or your subdivision Boesiger: Past his west boundary Smith: Just past his west boundary so you are proposing to hook in at that point then, his southwest corner? Boesiger: That is correct, basically travel through his lot to the Ustick right of way. Morrow: Explain this to me, is this property not between their subdivision and the Davis property? Meridian City Council July 16, 1996 Page 44 Smith: Yes right. (Inaudible) Morrow: So the agreement, are they going to the western boundary with the sewer and water line at this property line of this property? Smith: Yes Morrow: Then who pays to go across the front of the property to the Davis property does this property do it at some point in the future with the sewer and water lines? The to and through issue? Smith: Well, Morrow: If we are going to extend sewer service to this property don't' we by ordinance have to go through to the east boundary of this property? Smith: Well it is to and through the development, the developed property. This isn't part of the development although the development is along the north side of this property. I don' know, that is a fair question and.a good question. I don't know, typically it, we don't have these out parcels or if they are out they are in the middle of the development and they just continue the extension right on past them. Where they are in the corner like this don't know. Morrow: My question to you is how you get, if you are going to allow sewer hook up know how do you get at some point, and let's assume the Davis's develop ten years from now. How do you get the sewer and water line from the west boundary of this property to its east boundary at the property's expense? Smith: Well you don't, Vaughn would not be very amenable to paying the cost of an extension across the front of his property if he is already connected to it you are exactly right. It would be up to Davis to front the bill unless the Summerfield Development was required to extend it. Morrow: Well normally when somebody fronts it like the Davis's then we give them a late comers agreement that allows them to recapture their cost. But in this case if we granted the sewer hook up this guy has already got his sewer and he is never going to pay the late comers. Smith: It would be very difficult, impossible to collect a late comers fee from him if he is Meridian City Council July 16, 1996 Page 45 already connected. I guess the other part is if you allow him to connect to it then you require him to extend it across the front of his property so that Davis could connect to it at his west boundary. That you would look at it as a mini development whatever the size of that parcel is. That is a 12 inch water line and an 8 inch sewer line. Is that right Richard? Boesiger: I believe that is correct. Smith: It is a main transmission water line and that is a lateral sewer line. So for his connection then for a single family house that throws another iron in the fire, that is not the right word, that throws a kink. Boesiger: I guess my comment would be is that all developers have to do some off site sewer and water extension. We are all used to that, this is only 150 feet. When that parcel develops, having sewer and water within 150 feet of your parcel is quite an advantage nowadays. Morrow: (Inaudible) in terms of the Davis's? Boesiger: Correct Smith: There would also be sewer and water stubbed into Davis's property from your subdivision right, from Summerfield No. 3, it stubs into Davis's west boundary, isn't that correct Richard? Boesiger: No Smith: Isn't there a stub road out of your property into Davis? Where your pressure irrigation pump station is? Boesiger: Yes, you are correct, you know the plat better than I do. Smith: So there is a sewer and water stub into Davis from Summerfield that Boesgier (inaudible) Boesiger: That is right we are stubbing sewer and water right to his property line. So he wont' even need to tie onto that Ustick Line. Smith: He will have to extend it because it is a main section line road extension. Morrow: What I am having trouble with here is that basically you are talking about 150 feet of property that was left out of the subdivision and you are suggesting that at some point Meridian City Council July 16, 1996 Page 46 somebody else ought to pay for it or the tax payer ought to pay for it when in reality either the property owner which in this case is Mr. Vaughn ought to be paying for it because that is the same rules that everybody else plays by. And you are into a loop system so it is going to go through there at some point in the future anyway. It is a tough break for him but if he would have sold to Max and Richard then it would have been part of their subdivision and the house wouldn't have been there and it would have been developed into whatever and it would have been a requirement of them to take it to that Davis property line. Is that correct? Smith: Yes, I might ask another question of Richard, perhaps he can answer on the basis of the Highway District, when they have an out parcel like this do they make any kind of recommendation for extension of, if curb, gutter and sidewalk was to be built for extension of that past parcel that is not included in the subdivision boundary? Boesiger: ACHD it is a little more complicated, it kind of depends. It depends on whether impact fees are involved or not. To be honest with you I have never run into one of these things since the impact fee ordinance was into effect. I believe in one of their discussions their general guidelines were that if you are making less than 600 feet worth of improvements you wouldn't have but if it was less you would. Like I said there has been a lot of water under the bridge since then and I am really not sure what their policies are. Smith: I think that had to do more with the parcel that was surrounded by a subdivision, in other words it was an out parcel an existing homestead that was being subdivided around. Boesiger: That is right, in this case you have a legitimate split, one time split of a pre - ordinance lot. They can't force a developer to make the improvements in front of that, somebody else's property unless that property was included in the plat. Which of course this one wasn't. So I would think in this case they wouldn't require you to. Smith: As I remember there was a distance a maximum distance that they would allow to exist as undeveloped. Below that distance they would require the development to take place the improvements to take place by the developer even though the parcel was outside the boundaries of the subdivision. I don't remember what those distances are but it seemed to me that there was a criteria that was established by the Highway District. Boesiger: But that had to do with could the developer get impact fee refunds for that work. I don't think it had specifically to do with whether it was an actual requirement or not. Smith: I don't remember and maybe that doesn't play into your decision tonight Council. Meridian City Council July 16, 1996 Page 47 Boesiger: I take that back that is not 150 feet that is 90 feet wide. Morrow: (Inaudible) is 90 feet wide? Boesiger: Right Corrie: Any recommendation Gary? Smith: Well, Richard is right in most cases development or a developer is going to need to extend sewer and or water a distance to get to their boundary for development. Not always but generally speaking they will. However, in those cases the developer does have an opportunity to recover some of that cost of extension in a late comers agreement. In this case Mr. Vaughn connects to the sewer, there wouldn't be an opportunity for Davis or whoever purchases and develops Davis's property to collect a late comer fee from Mr. Vaughn. Unless, well I don't even know if legally he could. If the City allowed him to extend that sewer line or connect to that sewer line without extending it. Unless perhaps a compromise could be reached where the sewer line could be extended for a distance across his property to allow him to connect rather than allow a service line to come out at an angle and connect at his southwest corner. I don't know how deep that sewer line is right in there. So again that is not going to be an expense coupled with the double hook up fee. And, I would suspect that if they are having troubled based on other incidents that we have observed recently that if they are having trouble with their septic tank and City sewer is at their southwest corner Central District Health is not going to allow that septic tank drain field to be replaced. They will require Mr. Vaughn to connect. And when questioned the authority of them to make that requirement I was advised that yes they do have that authority. I took him at his word. So I think that it is a done deal as far as the connection is concerned and I guess the only matter is the terms of the connection from a cost standpoint. And whether or not an extension would be necessary on the sewer line. Boesiger: This is turning out to be a little more complicated than I thought it would. I should have come and talked to you first Gary. - Smith: Has it failed? Boesiger: No, it still works he just has to pump it out every once and a while. Smith: Maybe that is his best alternate right now I don't know. If it is still functioning. Of course you have made an agreement to connect him haven't you? Boesiger: Yes, that is where we are kind of between a rock and a hard spot. We agreed to hook him up, granted we made a mistake by not thinking about the annexation issue Meridian City Council July 16, 1996 Page 48 when we agreed to that it just never crossed our minds. Smith: Is he connectable any where besides to Ustick? Boseiger: Well there are two property lines between lots in Summerfield 3 that we need to go through to get to his lot that we were under the understanding that you preferred not to do that. Smith: Service lines are not our jurisdiction. Boesiger: We did that in the Vineyards on that existing house in the Vineyards and it seems like shortly after that somebody at the staff said they preferred not to do it that way. Smith: Well I think the preference would be to not do that, but if you use a schedule 40 sewer pipe and don't cheap up on the pipe material and do a good job in laying the pipe and it has some depth to it so it is not disturbed by fence posts and others digging that over the long run it will last for a long time. But again over the long run there is a possibility of interference from lot improvements. And or other things happening underground that could cause distress to the pipe and require access to the pipe. Then you have problems with the neighbors. Boesiger: Boy I wish I had come and talked to you Gary. Smith: So the preference is to not do that. Boesiger: But if it is an option it would be a lot cleaner way of handling this because that would get us a lot closer to his house. Smith: I suspect his septic tank is in the back yard anyway. Boesiger: Well the house is towards the back of the lot plus the septic tank. Well the septic tank is actually on the side. That would actually be a shorter run, the service line would actually be shorter to come in between those two lots between Lot 30 and 31 then it would be to come off of Ustick. It would be twice as long to come off of Ustick. Can I suggest that maybe I postpone this and talk it over with Gary and go over what our options are. Morrow: I would move to table to August 6. Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree to table this request for hook Meridian City Council July 16, 1996 Page 49 up to the August 6 meeting, any further discussion? Al those in favor? Opposed? MOTION CARRIED: All Yea ITEM #12: DEED FOR GOLF COURSE PROPERTY: Corrie: Council you received a fax from Spink and Butler. I don't know if you have had a chance to read it yet. I guess how clean is this Walt in what we were looking for. Morrow: In terms of the deed we are light years ahead of where we were. We are within a couple of hours of getting that completed. The desire by Mr. Turnbull is to link the recording of the deed and the side agreement together to be signed at the same time. Really where we are at here is that there have been two revisions or two re -writes of the side agreement. There are still some things in there that I am uncomfortable with. I won't speak for the counselor but I think in terms of the deed, the deed is just about there, the side agreement needs some fine tuning yet. Having said that I would have the counselor take it from there. Fitzgerald: Mr. Mayor and Council I kind of got in on this actually on Saturday so I have been having a quick education into the status of this. As I understand it there are basically three issues presently the one is the deed to the property, the second is the side agreement, third is an easement agreement. As I understood it originally although the easement agreement is somewhat separate and distinct it is a related issue to this. Focusing in on the deed which is exhibit B to the facts that you received as Councilman Morrow indicated it has been cleaned up. But in terms of concern one of the issues is item 2 which is the easements and right of ways for roads, ditches, tunnels, utilities and other purposes on the date hereof. To my knowledge the City has not received a legal description of that property. So they have not been able to obtain a title report. So in essence what we are dealing with is these easements and rights of way for roads etc., not know whr t those are until a title report is done. Also coupled with that is item 3, exceptions, reservations, terms, covenants and conditions of record. Again that would be shown in the title report. So we are in somewhat in the dark on that. Based upon -my conversations with Joann Butler today and this fax the message, on that fax Mr. Turnbull is to fax over to our office a legal description. From that we can obtain presumptively a title report to find out what exactly those easements and rights of ways and etc. any exceptions or reservations are to clean up that issue. In terms of the agreement my understanding is as Councilman Morrow indicated is that they want to execute the deed of gift with this agreement concurrently. There are some issues with regards to this agreement that BRC who is the grantor wants to have some so to speak protection in terms of the development and use of this. My concern is how do these relate to obligations that exist under the current lease agreement with Cherry Lane Recreation Inc. for the operations and MERIDIAN CITY COUNCIL MEETING: July 16,1996 APPLICANT: ITEM NUMBER; 11 REQUEST: REQUEST FOR HOOK UP TO CITY SEWER FOR WILLIAM VAUGHN BY MAX BOESIGER AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS OTHER: All Materials presented at public meetings shall become property of the City of Meridian. JUL- 3-96 WED 14:22 MAX A. 80ESIGER, INC. Max A. Boesiger, Inc, General Contractor & Developer July 3, 1996 Mr. Will Berg, City Clerk City of Meridian 33 E. Idaho Meridian, ID 83642 FAX# 887-4813 Dear Will, 3362387 P.81 SU MERI:IELD THE VINEYARDS WESTI)ALE PARK EAGLE POINTE RECEIVED . ,. UI" - 3 199113 CITY OF MERIDIAN I am requesting to. be placed on the July 16, City Council Agenda. We wish to ask the Council to allow us to hook up the existing William Vaughn house at 2180 E. Ustick Rd, to city sewer. When we purchased the 20 acre Vaughn property 3 years ago (less the house), Mr. Vaughn asked us to hook up his existing house to sewer when we developed Summerfield Subdivision #3 because he had been having trouble with the septic system, We agreed, but failed to discuss annexation with him, During my recent discussion with Bill, he has indicated an unwillingness to be annexed to the city. I will fax the attached request to him today and ask him to return the signed letter before the July 16th hearing. kxex Thank you for your assistance and if you h&ye any further information, please contact me anytime. Sincerely, Richard Boesiger �.VINLEY.AKDS�� EAGLE Po1NTE 2447 S. VISTA • BOISE, ID 83705 • (208) 336.2001 • FAX (208) 336-2387 JUL 03 '96 15:27 3362387 PAGE.01 JUL— 3-96 WED 14:251 NRX R. BOESIGER, ING. 636Z387 P. el I July 3, 1996 cls y (_p, Meridian City Council FAX 209-887-4813 Dear Council Members,, I am requesting your approval to connect our home at 2180 E. Ustick Road to the City Sewer System. The septic system has become troublesome and may be approaching failure. Max A. Boesiger, Inc., the developer of Summerfield Subdivision #3 has agreed to hook up the house at no cost to us. We prefer not to be annexed in the Meridian City Iiinits at this time, but will consider amexation in the future if additional properties around us are developed. Sincerely, William T. Vaughn, Jr. 17692 Cassia, Tree Lane Irvine, CA 92715-2823 FAX #714-857-1773 JUL 03 '96 15:34 3362397 PAGE.01 FROM :MRIL BOXES ETC 714 SS2 1474 1996,07-13 09:S4 401S P.01/01 R . WE July. 3 1996 . ME, 111 Meridian. City Council .. FAX 208-887-4813: Dear Council Members, 1 am requesting your approval to connect our home at 2180 E. Ustick Road,to the City Sewer System. The septic system has become troublesome and may be approaching failure. Max A. Boesiger, Inc., the developer of Summerfield Subdivision #3 has agreed to hook up the house dt no cost to' We prefer'not to be annexed in the Meridian Cxty limits at this time,: but will consider.annexation in the future if additional properties around us are developed.' Sincerely, William T. Vaughn, Jr. 17692 Cassia Tree Lane Irvine, CA 92715-2823 FAX 4714-857-1773 t JUL 13 '96 12:06 714 552 14?4 PAGE.01