G. Greenacres Refund RequestsAgenda -January 27, 1997
AGENDA ITEM 3 - GREENACRES REFUND REQUEST FROM RESIDENTS
BACKGROUND/CONSIDERATION: Since we did not consummate the
annexation of Greenacres, we have been receiving calls from
residents of the neighborhood requesting refunds of their water
connection fees. There have not been a large number of requests at
this time, but they are increasing.
When the annexation was under active consideration, it was stated
in the extension plan that the City would refund water connection
fees less the amount for the meter. The question the staff has is
whether we should ever refund water/sewer connection fees upon
requests or upon the sale (1 request) of the property where the
previous owner wants his money back.
RECOMMENDATION: To alleviate problems with the staff answering this
question, we are asking for Council direction. My recommendation
is to designate the connection fees as going with the property.
Whenever an owner pays the connection fee, it should be clear that
the fee remains as a credit to the land regardless who the owner is
at the time the services are available. The connection fees would
transfer with the property and the new owner would not be
responsible for paying the connection fees. The responsibility of
letting a new owner know that this "asset" is with the property,
during the transfer process, will be the current owner's.
ACTION REQUIRED: For the direction of the staff and the official
record, I would suggest a MOTION be approved stating, that the fees
01/13/97 16:14 STATION
(123)456-7890 P. 002
Interoff ice
M E M O R A N D U M
to: Clarence Krepps
from: Diana Harrison
subject: Greenacres Refund Requests
date: January 13, 1997
At last Thursday's Site Review Committee Meeting, we discussed the subject of
refunding water an&or sewer fees to Greenacres residents.
The reason this was on the agenda, is because over the past few weeks we have gotten
requests from some residents of Crreenacres to refund their water connection fees.
There have not been a great deal of requests, but I have been unsure of how to respond
to this request. The last call I received was from a gentleman who is going to sell his
house. He would like to get his money back before he moves out of state. I have
received one other call that was similar to this. 1 believe that the Public Works
Department has received a few of these calls as well.
When the City was considering annexing the Greenacres area, it was stated in the
extension of services plan that the City would refund water connection fees less the
amount for the meter. Now that this is up in the air, the staff is unsure how to respond
to these requests.
The discussion at Site Review brought up the question of whether we should ever
refund water and sewer connection fees or if it should remain with the land, regardless
of who the owner is at the time the services are available. This would mean that if the
current property owner pays the connection fees and then decides to sell the land, he
could not ask for a refund. The connection fees would transfer with the property,
therefore the new property owner would not be responsible for paying the connection
fees.
Stains asking for direction from the City Council on how to respond to refund
requests from Greenacres residents as well as any other resident of the City of
Kalispell.