HomeMy WebLinkAboutDove Meadows No. 2 Reimbursement Feesf
CITY OF MERIDIAN
ROBERT D. CORRIE
Mayor PUBLIC WORKS /BUILDING DEPARTMENT
GARY D. SMITH, P.E.
Public Works Director
MEMORANDUM:
REcE~D
EE8 - 2 1999
CITY OF DZERIDIAN
To: Mayor and City Council
From: Bruce Freckleton, Assistant to City Engineer~_~~~
Re: Request for reimbursement of well development fees a
By Dave Leader ~UC ~~ ~S
L'/C m~
2-2 -99
~~ED
FE B 0 2 1999
CITY i))ti' ~~r~;tc'.IIJIAIt~
PLANNING & ~~>~~T~'C
February 2, 1999
I spoke over the phone with Mr. Leader this morning. I explained to him that his request had
came before Council on January 19`t', and that Council tabled the request to allow the City
Attorney time to research the events leading up to the request. (Please see the attached
comments from the office of the City Attorney, dated January 28, 1999.) I told Mr. Leader that
there are some issues of law that don't make his request very favorable. I asked him to please be
at the meeting tonight to present information, and answer any questions that you may have. He
said that he would be there.
Dove Meadows Reimbursement Requestdoc
200 East Carlton, Suite 100 Meridian, Idaho 83642 Phone (208) 887-2211 Fax (208) 887-12)7
Off ice
of the
City Attorney
To:
From:
Re:
Date:
Gary Smith
Bill Gigray, City Attorney
Dave Leader Request Reimburse ~ ~~„~
January 28, 1999
200 E. Carlton Ave. Suite 31
PO Box 1150
Meridian ID 83680-1150
Phone: 288-2499 Fax: 288-2501
E-mail: wfg@wppmg.com
The purpose of this memo is a followup to our staff meeting on this request and to
affirm for your consideration my opinion of this request.
Materials Reviewed: City files W 003756 and W003736 relative to the approval
of the Final Plat of Dove Meadow Subdivision No. 2 and for the Final Plat of Dove
Meadows {Formerly Cherri Meadows} ;Minutes of the City Council meeting of July 10,
1996 Item No. 11 Final Plat Dove Meadows Subdivision No. 2 .
Facts assumed: That Dove Meadows Subdivision No.1 there was a well
development fee paid of $406.00 per lot was paid . Nowell development fee was paid
for Dove Meadow Subdivision No. 2 because that project was not required because it
put in the irrigation system. That Mr. Leader owns 2 of the 12 lots for which
reimbursement is requested. The plat approval of Dove Meadow Subdivision No. 2
included a requirement that there be a stubbing in of 17 lots of Dove Meadows
Subdivision No.1 which is not yet completed. I understand that 12 have been stubbed
in and of those 5 remain connected to the City System and 2 are yet undeveloped. That
$225.00 has been charged by Leader to the purchasers of the10 developed lots.
RECOMMENDATION: There is no provision in the plat approval for Dove
Meadow Subdivision No. 2 for reimbursement. The motions of approval was: "Morrow:
Mr. Mayor, l would move that we approve the final plat for Dove Meadows Subdivision
No. 2 by Dave Leader subject to the meeting of all staff, ACHD, Nampa Meridian and
other conditions that apply. Also to address the issue of temporary fencing and with the
staff with the requirement that the permanent fencing with respect to the acre that Mr.
Leader alluded to Dixie Lane and the commercial be required." There is no provision in
the ordinance for the reimbursement requested in this instance.
§ 9-606 B 14 provides for an exception in its relevant parts concerning the
requirement that a developer of a plat be required to install a pressurized irrigation
system as follows: "Also, the above requirement maybe waived if the subdivider either
1) deeds to the City land for a well, drills the well and places the well on the line with the
City water system, including the necessary pumps, piping, valves, pressure equipment,
and all other equipment necessary, and which well depth and capacity are determined
by the City; or 2) the subdivider deposits, gives and grants sufficient funds with the City
to purchase all necessary equipment to put the well on line with the City water system.
In many subdivisions the latter option maybe preferable to the City so that the city may
combine funds to drill and equip one large well to service several subdivisions, rather
than have several smaller wells of less capacity."
Memo City Attorney Re: Leader Request2
There is no provision in this ordinance for any reimbursement for a developer of
one subdivision for the construction of a pressurized irrigation system in an other
subdivision.
It is my opinion and recommendation that if reimbursement from the well
development fund was not provided for at the time of the approval of the final plat of
Dove Meadows Subdivision No. 2 , [I do not think that would have been appropriate] and
because it is not provided for in the City Ordinance this request should be denied. In
such circumstances the reimbursement should be processed with the development that
paid the fee. In this instance the city has the problem of a final plat approved developed
and many of the lots already sold.
If you are aware of other facts that I have missed or misunderstood please advise.
Memo City Attorney Re: Leader Request3
r
MERIDIAN CITY COUNCIL MEETING: FEBRUARY 2. 1999
APPLICANT: DAVID LEADER ITEM NUMBER: 2
REQUEST: REIMBURSEMENT OF WELL DEVELOPMENT FEES FOR DOVE MEADOWS #2
AGENCY COMMENTS
CITY CLERK SEE ATTACHED MINUTES FROM 1/19/99
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORN EY:
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER 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:
OTHER:
All Materials presented at public meetings shall become property of the City of Meridian.
MERIDIAN CITY COUNCIL MEETING JANUARY 19. 1999
The regular meeting of the Meridian City Council was called to order at 7:30 p.m. on
January 19, 1999 by Mayor Corrie.
MEMBERS PRESENT: Ron Anderson, Keith Bird, Glenn Bentley, Charlie Rountree.
OTHERS PRESENT: Will Berg, Bill Gigray, Bill Gordon, Gary Smith, Shari Stiles,
Malcolm MacCoy, Mayor Bob Corrie.
Corrie: Before we get into the consent agenda, I would like to welcome the Scouts from
Troop 164 here in Meridian, and also Troop 153 so thank you fellows for being here
tonight. Councilmen you have the consent agenda, items A, B, C, and D. Is there
anybody who would like to have any one of those taken off of the consent agenda?
Anderson: Mr. Mayor I request that we take item D, the request for reimbursement for
well development fees by David Leader for Dove Meadows 2 off the consent agenda.
Make that into the form of a motion.
Rountree: Second.
Corrie: Motion has been made and seconded that we take off item D from the consent
agenda and have it the first item on the agenda this evening. Any further discussion?
All those in favor of the motion say aye.
MOTION CARRIED: All ayes.
Corrie: If there's no further items there, I'll entertain a motion for the consent agenda on
items A, B and C.
Bentley: Mr. Mayor I move that we approve the consent agenda, items A, B, and C.
Bird: Second.
Corrie: Motion made and seconded that we approve the consent agenda items A, B,
and C. Any further discussion? Hearing none, all those in favor of the motion say aye.
MOTION CARRIED: All ayes.
Corrie: The first item on the agenda will be item D. Mr. Anderson.
Anderson: I just had some questions on that and maybe Gary can clear those up for me
on the letter from Bruce concerning dual connections on some of those lots:
Smith: Thank you Mr. Mayor, Councilman Anderson, Council, we did a survey of the
existing homes that are connected to their irrigation system and also found that five of
Meridian City Council
January 19, 1999
Page 2
those homes are presently connected to the City of Meridian's water system for their
sprinkler purposes. Since this irrigation system is provided with water at a single point
connection when ditch water is not available for the pressurized irrigation system, we
would request that if you approve of the reimbursement that these five homes be
required to physically disconnect from the city water system for their individual sprinkler
system. These five homes are all located on Apricot -excuse me two of them on
Apricot Court, 2580 and 2602. Three of them are on Apricot Drive 2332, 2350 and
2414. This is a similar procedure that we followed when money was refunded to the
developer of Crossroad Subdivision and we found that some of those homes were
utilizing city water for their irrigation systems.
Rountree: Gary that kind of sticks the city in a black hat where we're going to reimburse
the developer and then we're going to turn around and tell those folks that they aren't
going to be hooked up to city water.
Smith: Right.
Rountree: So we can have the privilege of reimbursing the developer. It seems to me
like we ought to get the developer involved in that somehow. Has that been done in the
past?
Smith: I don't recall -well I guess I can only answer this way Councilman Rountree.
Your staff recommended that any reimbursements along these lines be if the property
owners were involved be reimbursed to the property owner at this time rather than to
the developer. If the developer was implementing a new system, then the fee should be
reimbursed to the developer so that he could pay for that system. That's the reason for
the reimbursement request is to reimburse him for the installation of that system. In this
particular case the - I believe these homes were in the adjacent subdivision. And so
there were stubs stubbed into the lots from the system that was installed in the number
two project, second phase.
Rountree: So then is the reimbursement to those property owners because certainly
they paid for that. If they were there -
Smith: The developers paid for the installation of the system that is serving these
twelve lots. And so the reason for the reimbursement request is to reimburse him for
the expense that he has incurred in installing that sprinkler system. The reimbursement
request is for a certain number of dollars that he paid initially for the well development
fund. I can't tell you that that number is the same number as what his cost was to
provide irrigation water to these lots.
Gigray: Mr. Mayor and members of the Council just as a point of order and
consideration by the Council, one of the things you might do with this particular item is
Meridian City Council
January 19, 1999
Page 3
you might table the item request that the City Attorney's office together with Public
Works and any other appropriate office review this and report back to the next Council
meeting as to recommended action. It appears that this particular application went
directly to the Council. I don't know whether or not the staff has had an adequate time
to thoroughly review this. We may want to even take a look at this from a standpoint of
establishing some kind of procedure. If we move this forward in the future as to how
these things could be handled to give you an opportunity to look at a recommendation
before making a final decision on this.
Anderson: Mr. Mayor I would make a motion that we table this item then and instruct
legal counsel to work with the city engineer and try to come up with a recommendation
for the Council at the next Council meeting on February 2"d
Bird: Second.
Corrie: Motion made and seconded to table this until February 2"d meeting, 1999 and
instruct the city attorney and the staff to prepare the proper recommendations to the
Council. Any further discussion? Hearing none, all those in favor of the motion say
aye.
MOTION CARRIED: All ayes.
CONTINUED PUBLIC HEARING: REQUEST FOR ANNEXATION AND
ZONING OF 12.21 ACRES BY MERIDIAN JOINT SCHOOL DISTRICT NO. 2 -
WESTSIDE OF EAGLE ROAD BETWEEN FAIRVIEW & USTICK ROAD:
Corrie: At this time I will open the public hearing and make note to the public and to the
Council that we have received a letter from Amber Van Ocker of Leatham and Krohn
Architects request for the school district to continue this public hearing until February
2nd I believe because they don't quite have all the information that they need to address
this program right now. Is there anyone here that wishes to enter testimony at this time
and we will continue the hearing until February the 2"d? Is there anyone here that would
want to testify at this point? Okay, I have received a letter from Greg Ruddell a resident
to be read into the record and with the Council's approval, I will enter in that into the
record and be part of the testimony in February the 2"d. Hearing there's nobody here
tonight on this testimony, then I will close the public hearing, but I will continue it -
(inaudible).
Rountree: Mr. Mayor I move that we continue the hearing on agenda item number one,
Meridian Joint School No. 2.
Bird: Second.
MERIDIAN CITY COUNCIL MEETING: JANUARY 19, 1999
APPLICANT: CONSENT AGENDA ITEM NUMBER: D
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY:
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER 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:
OTHER:
COMMENTS
SEE ATTACHED LETTERS
All Materials presented at public meetings shall become property of the City of Meridian.
Atten William Berg
January 6, 1999
City of Meridian
33 East ID
Meridian, ID 83642
Atten: Mayor Robert Come
Dear Mayor Come:
~tEcE~D
`` - ;~,
CITY OF MERIDIAN
Igiq~
CG
A~,~,~~
At the time Dove Meadows Sub. #2 was approved by the city of Meridian, I was asked if I could make
pressurized irrigation available to the adjacent lots in Dove Meadows Sub. #1. I stated I would do this if
Meridian would refund the well development fees I had paid on each of the lots I serviced in Dove
Meadows Sub. #1. As I recall the staff or city council indicated that was the policy, but I would have to
make the request for refunds after the services were installed.
Of the 17 adjacent lots 10 property owners paid the $225.00 cost of putting the services on their lots
plus I ran a main line to service lots 4 and 5 Blk 1. The lots that were serviced are lots 4, 5, 6. 8. 9. 10, of
Blk 1 and 2, 4, 5, 6, 7, and 8 of Blk. 5. I am hereby requesting a prompt refund of ($406.00 x 12) which
comes to $4,872.00. This represents the well development fees for these lots which I paid on April 18,
1994 in the total amount of $25,171.00. I enclosing a copy of the check. If you have any questions please
call me at 344-8200.
Sincerely,
David E. Leader
110 Parkway Dr.
Boise, ID 83706
~.
cc:. William Berg. -City Cl~
cc: Janice Smith -City Treasurer
cc: Bruce Freckleton -Public Works
Mayor
ROBERT D. CORRIE
o ~n it M m rs
CHARLESROUNTREE
GLENN BENTLEY
RON ANDERSON
KEITH BIRD
January 11, 1999
David E. Leader
110 Pazkway Dr.
Boise, Idaho 83706
Deaz Mr. Leader,
LEGAL DEPARTMENT
(208) 88d-d26=1
PUBLIC WORKS
BUILDING DEPARTMENT
(208)887-_211
PLANNING AND ZONING
DEPARTMENT
(208) 884-5533
REc,E~D
~4 ~
CITY OF MERIDIAN
Our records indicate that the City of Meridian has received $25,172.00 for a well
deposit for the Dove Meadows Subdivision. The City's Water Department will have to
check the twelve lots to make sure they are on a pressurized irrigation system. The
Public Works Department will be getting in touch with you to arrange this inspection.
A refund will be sent, when we have an inspection order signed off by the Public
Works Department.
>> ' /
Janice L. Smith, Treasurer
Accounting Department
HUB OF TREASURE VALLEY
A Good Place to Live
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAI~O 83642
Phone (208) 888-4433 • Fax (208) 887-4813
Cc: William Berg, City Clerk
Cc: Bruce Freckelton, Public Works
CITY OF MERIDIAN
ROBERT D. CORRIE COUNCIL MEMBERS
Mayor PUBLIC WORKS /BUILDING DEPARTMENT CHARLES M. ROUNTREE
GLENN R. BENTLEY
GARY D. SMITH, PE. RON ANDERSON
Public Works Director KEITH BIRD
REcE~D
January 11, 1999 ~ ! (~ ~ ,~ , ~ ~~ ~ ~ ~~
r1 ~ ] I ~'.~. ,.~ t'
Mr. David Leader ~~ ~ I OF MERIDIAN
h , .~`r
110 Parkway Dr. 5~ ~~
Bose, Idaho 83706 ~ (~~
a~~o W
RE: Reimbursement of well development fees
ar~1 ~
Dear Dave;
Last week I received your request for reimbursement of well development fees for 12 lots in Dove
Meadows Sub. No. 2. I just wanted to follow up and explain our procedure for this type of request. First
of all, the Meridian City Council will need to approve of the request. We have scheduled your request to
be heard on the 19`h of this month at 7:30 PM. Your presents at the meeting is requested, since Council
may have questions. Our water Department staff will need to perform an inspection of each of the 12
connections to verify that they are not dually connected to city water and the pressurized irrigation
systems. I will try and have these inspections completed prior to the 19`h Council meeting. Once you have
Council approval, and a favorable inspection by our Water Department, we will instruct our Accounting
Department to process a reimbursement check.
Please don't hesitate to contact me should you have any questions.
Sincerely,
ruce . Fr
ant to
cc.
Engineer
Mayor Corrie
Will Berg
Janice Smith
200 East Carlton, Suite 100 Meridian, Idaho 83642 Phone (208) 887-2211 Fax (208) 887-1297
ROBERT D. CORRIE
Mayor
GARY D. SMITH, P.E.
Public Works Director
January 11, 1999
Mr. David Leader
110 Parkway Dr.
Boise, Idaho 83706
CITY OF MERIDIAN
COUNCIL MEMB RS
PUBLIC WORKS /BUILDING DEPARTMENT CHARLES h1. ROUNTREE
GLENN R. BENTLEY
RON ANDERSON
KEITH BIRD
(/~'y~'~
\ \"`
M ~ ~~~ ~~~
C ~ jV
~ ~.~
~4
RE: Reimbursement of well development fees
Dear Dave;
CI ~ ~F SRI jc~
DIAN
Last week I received your request for reimbursement of well development fees for 12 lots in Dove
Meadows Sub. No. 2. I just wanted to follow up and explain our procedure for this type of request. First
of all, the Meridian City Council will need to approve of the request. We have scheduled your request to
be heard on the 19`h of this month at 7:30 PM. Your presents at the meeting is requested, since Council
may have questions. Our water Department staff will need to perform an inspection of each of the 12
connections to verify that they are not dually connected to city water and the pressurized irrigation
systems. I will try and have these inspections completed prior to the 19`h Council meeting. Once you have
Council approval, and a favorable inspection by our Water Department, we will instruct our Accounting
Department to process a reimbursement check.
Please don't hesitate to contact me should you have any questions.
Sincerely,
ruse . Fr
ant to
cc.
Engineer
Mayor Corrie
Will Berg
Janice Smith
200 East Carlton, Suite 100 Meridian, Idaho 83642 Phone (208) 887-2211 Fax (208) 887-1297
~~hx ~,~
Memorandum
Date: April 7; 1997
R~c~jv
ti~K ~ ED
5 ~QQ7
NCITY~
~R
Subject: Agreement relating to Avest Plaza Subdivision and Dove
Meadows Subdivision #2, Avest Limited Partnership and
David E. and Mary Leader, respective owners.
This agreement pertains to the 10 foot. "Dixie Lane" easement
shown as a part of lot 23, Block 2, Dove Meadows Subdivision #2.
The above parties hereby agree to share equally in the cost of
paving this 10 by 490 foot strip. When the improvements are
completed lot 23 will be turned over to the Dove Meadows
Homeowners Association, subject to an existing ingress and egress
easement. Each of the above parties will pay their own cost to
tie t~s~ pavement to their respective developments.
~' i A
Avest imit '
:.
By R er H. Allen, general partner
av Lea er
. ~<~'
Ma L er
The City of Meridian hereby acknowledges the above agreement to
be acceptable to it. Avest's quit claiming of this 10 foot strip
to the Leaders is not a violation of Avest's Development
Agreement with the City of Meridian. Further, Leader may use a
four (4) foot c~ai~ link fence instead of a six (6) foot fence at
the back of the building lots which abut this paved strip.
City of Meridian a ~ f- s{' 52~~'or ~~~ // ~ ~ s~ o~ S~c~ia^ ~'~e'
S ari Sti es, P anning A inistrator
y
i~
~ PIONEER TITLE COMPANY
~ OF ADA COUNTY
821 West State Street /Boise, Idaho 83702
(208) 336-6700
8151 W. Rifleman Street /Boise, Idaho 83704
(208) 377-2700
SPACE ABOVE FOR RECORDING DATA
'..~j~,.otAi'4105:OSi(1I~?US?di~~ST~4~Ai1~10ii~'llOlld~ ?OS:fA~IOSIOS:OSI(Rf041~1t3SI:
QUITCLAIM DEED
'~ FOR VALUE RECEIVED
AVEST LIMITED PARTNERSHIP, an Idaho Limited Partnership
do hereby convey. reieax, remise and forever quitclaim
unto DAVID E. LEADER AND MARY LEADER, HUSBAND AND WIFE
whose address is: 110 PARKWAY DRIVE, BOISE, IDAHO 83706
the foUowLtj described premises, to wit:
SEE EXHIBIT "A" ATTACHED HERETO AND BY REFERENCE MADE A PART HEREOF
r~
together with their appurtenances.
~7
STATE OF IDAHO ,County of ADA , ea.
On this day of MARCH , in the year of 1997 ,before me
a notary public,
personally appeared ROGER H. ALLEN
known or identified to be _~ ~~X General Partner of AVEST
r TMTTFT DAAT15RRCHIP an Idaho Limited Partnership
and the partner or one of the partners who subscribed said partnership name to the foregoing
instrument, and acknowledged to me that he executed the same in said partnership name.
Notary Public: r . ~u~c~,
Residing at: rJ1 r bO~~S ~ ~ ~ 370j
EXHIBIT "A" TO QUITCLAIM DEED
Project No.: 1165-2
Date: March 19, 1997
D~S~ZPIZON
OLD DIRIE LANE WITHIN PR SFl')
DOPE 1VIEA~,2Q~ SLTBDIYYSiON No. 2
A parcel of land being a portion of the SE 114 ~of the SW 1/4 of Section S, T.3N., R. lE.,
B.M., Meridian, Ada County, Idaho and more particularly described as follows: _
COMMI?NCING at a brass cap marking the Southeast corner of the said Section 5;
thence along the Southerly boundary of the said Section 5
No~sth 89°48'53" West 2644.18 feet to an iron pin marking the South 1/4 corner of said
Section S; thence continuing .
North 89°58'55" West 1326.30 feet to the Southwest corner of the said SE 1/4 of the SW
1/4; thence along the West boundary of the said SB 1/4 of the SW 1/4
North 00°27'0'7" Fast 825.88 feet to an iron pin marking the g,QIl~1T OF BEG1NNIIVG;
thence continuing
North 00°27'07" East 490.55 feet to an iron pin marking the Northwest corner of the
said SE 1/4 of the SW 1/4; thence along the North boundary of the said SE 1/4 of the SW 1/4
South 89°48'45' Fast 10.00 feet to a point; thence along a line pazallei with the said
West boundary of the SE ll4 of the SW 1/4
South 00°2?'07" West 496.31 feet to a point; thence
North 59°48'25" West 11.52 feet to the POIlVT OF BI~GII~Q+IG,
Said Parcel of Land Contains 0.113 Acre, more or ]iess.
~9 - _ ---------- _
~~
__ __ - _ _ _ __ - _ __ _ ~~ _ Rio .2 . _. __-7~.e,e. C~ } _ _ _ - ~~_ _ _~~ -
'~ _ ~~'`
. __ -- --__. __ _. _ l~.eGc~ ~U _a~.~ ~, _~.~ . ~io.1, ~toti, -.- Vie.
`~
~ ~~
- --- _ _ _ _ _ ~~-,-~a~ d ~n ~~rr,,~. ~. f- -ray. ~ ~,u;~c.Q y~ ~c .------- -_
_- _ ._.
__ _
_ _ __-_ _
~ /-,' ~ ~~ ,r~ L~
UU~ ,
Q
~.
~-_ ---
L,
~____IS_L//~t///~Q iY4~~/~7i1/1r~IA7/V~/1 _ ~i~]~.E"~/S~/.~.rw.~rn ~L B O.Cl~. ~/~r.~ .
N~
V
.n e
~~~~e ~
~ _ -
~a
°~
- _~
---
___
• i ~
__ _ - --- ---____ - _ .._ .__ -_~?~e. _ Gt,,~,_~ou.t~.Q_ ~y ~t,~,t- ~wr.<<u~lucr _~r~le ..~a.~..L~. _~,c, _~_ _ __
--- _
~~
__~/
/w / r ~%~
~~i'1~1, . f~E
~~
mac-
~ ~~-