HomeMy WebLinkAbout4 Dennis Zirbel Request Agenda hero # 4
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Memorandum
To: Board of Directors
From: Peter Hohzmeister
Date: March 12, 2004
Subject: kequest of Dennis Zirbel
wny this matter is before the board: Dennis ZirbeP appeared at the last hoard
meeting and presented the attached leffar. He is in the process of purchasing
property on High Street, and has been told by District staff that the developer" of
that parcel would need to extend the water line to satisfy fire fiow requirements
associated with fhat site l essence, Dennis believes that the District should
bear responsibility fior extending th 6.water,line because the entire Eistricf would
benefit from it. Fhe board agreed to agend(ze the matter.
History; Where is aR eight-inchuAter line.along High Street that terminates just
before the;percel that Dennis is considering buyarq ;So there.'ts no vvater,ICrre in-
front of fhat parcela# this tune t! ttatire to#kd wrfh,atner Parties interestari in
brt�idcng or41hat.parcel .We know that:e fire flows reiiuired b}%'ttse dire Disfrtct at
that site wit[ require loopir g. of the water system from where it currently
ter nm6tes,to the ytater line.on Donner Pass Road, a,dista nee:of afzauf 73 linear
feet and:a dost,of;about$60;400>
The parcel;ttiat Dennis is buyEng is not the only vacanf parce(.that,needs water
service. The adjacent parcels also" need a looped ,line to; meet fire.flow
requirements. If tf e developer of each vacant parcel needing water service
constructed the water line in€ront of his paroel=the water, line would,be extended
half way to the point of looping.
Dennis is drawing our attention to the 2000 Water Master Plan, which
recommends that a looped water line in that area would improve water quality for
the neighborhood. We agree. However, that project has not risen to high
enough priority foe it to be constructed at this time.
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New information:
Attached for your review is the District Rule regarding water main extensions.
Section 6.18.010.1 states that an applicant for water service requiring and
extension or modification of the water system shall furnish it at his expense. In
this case that parcel can only be developed if the line is looped for fire flow.
Service to the applicant requires modification to the water system.
The rule goes on to state in Section 6.18.010.2 that the District can require the
applicant to install facilities of a greater length or capacity than what is required
by the applicant, but the District must reimburse applicant for the excess cost. In
this case, looping the water system is not a facility greater than what is needed
by the applicant.
Dennis is relying on the fact that the looped water line will be a benefit to other
District customers. His argument is that the District should, therefore, build the
line. Caution is needed here. Generally, when a developer builds a water line
the case can be made that it has a benefit to other portions of the District. The
long-standing position of the District is that but for the developer we would not be
required to build that line. We therefore do not participate in its construction.
Changing our position now could have larger implications.
Alternatives:
1) The first developer in could be required to construct the looped line and, under
the District's current rule, would be entitled to a reimbursement from future
developers.
2) A second alternative would be for the owners of adjacent vacant land to join
forces to construct the water line. We could help facilitate such an arrangement
3) The third alternative would be for the District to contribute to the cost of the
line based on recognition of the value of the looped system to water quality. This
opens Pandora's box. If the board considers this alternative I suggest you make
findings that distinguish these circumstances from other developments.
RECD FER 13 2004
February 12, 2004
Mr. James Maass, President
& Fellow Board Members
Truckee Donner Public Utility District
PO Box 309
Truckee, CA 96160
Dear Mr. Maass& Fellow Board Members,
I am currently performing my due diligence on purchasing a piece of mixed-use zoned property in
downtown Truckee, located @ 10363 High Street. In continuing with my involvement and
research on the referenced property, I understand that the current water distribution system would
need to follow a proposed District upgrade, due to required fire flows -not usages - prior to the
construction of the property I am considering buying. My research on the water distribution
system for this area indicates that this property is at the end of a dead end system that has been on
TDPUD `s Master Plan to be completed as a loop system since at least the year 2000.
I have met with the District's staff and spoken to them about this area. I understand their
position: that the upgrading of this water flow from a dead end system into a beneficial loop
system is developer driven. I also understand that the District has higher priority projects in
providing reliable water to our community. I don't, however, feel it is equitable that the dead end
system be upgraded to the improved loop system primarily by the owners of the vacant property it
fronts. This proposed loop system has been on the Master Plan books prior to any of the more
recent development interests. By putting the financial burden of the District's proposed upgrade
on a small group of property owners is over and beyond what a typical customer in Brickelhown
is responsible for and makes their projects more difficult to "pencil out." There have been many
projects that have been proposed in this area, but they have been unsuccessful due partly to the
financial burden of this proposed upgrade.
From my understanding, I see that the beneficiaries of a complete loop water distribution system
are numerous and not limited to five owners considering the construction of modest office
buildings on the vacant land. I see that TDPUD would greatly benefit from having this dead end
system upgraded into a much enhanced and reliable water distribution system, especially at
someone else's expense. But considering how many of your customers would benefit from this
upgrade, I question whether asking five property owners to pay for this upgrade is equitable. All
the residential and commercial properties in the Brickelltown area of downtown Truckee would 1
benefit from an enhanced and reliable water system provided by TDPUD.
F
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I am hoping that the President and Fellow Board Members of the TDPUD can also see the
benefits to the District's water system and the community it serves. I believe that because of the
District's end benefit and the benefit to it's customers, that TDPUD consider a better way of
funding this project that has been on the District's Master Plan for many years. Obviously the
District has felt that the proposed loop system is a benefit to it's water systems, adding it to their
master plan originally, naming TDPUD as the responsible party for the construction and noting
facility fees as the funding source. Additionally, with the District paying for the District's
proposed upgrade, they are in fact directly involved in strengthening Truckee's economy, a goal
in which the district seems to embrace.
This spring two of the five property owners are looking to start construction. In an effort to
expedite this process, I will attend your upcoming Board meeting and read this letter during the
public comment section. I would hope that this matter might then be added to the next available
Board Agenda so an equitable solution can be worked out with all involved.
Sincerely,
Dennis E. Zirbel
cc Bill Quesnel
Bob Hunt
Myrone Kamenetsky
Mitch Garin
Ed Taylor
Peter Holzmeister
PO Box 296 Truckee, CA 96160
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CHAPTER 6.18
WATER MAIN EXTENSIONS
Sections: •
6.18.010 Conditions
6.18.010 Water Main Extensions
6.18.010.1 Each applicant for service requiring an extension or modification of the water
distribution facilities shall furnish at his expense such extension or modification.
6.18.010.2 The District at its option, however, may require such applicant to install distribution
facilities with more capacity, of greater length, or of a different route than would be required for the
service requested (hereafter "excess facilities"). In such event, the District may reimburse the
applicant for the costs of such excess facilities if such excess facilities are required solely to benefit,
improve or upgrade service to existing District customers. If, however, such excess facilities are
deemed necessary by the District for the orderly development of an integrated water distribution
system in the area of the proposed line extension or alteration, then the District may require the
applicant to install and pay the cost of such excess facilities, and the applicant may be entitled to
reimbursement pursuant to Subsection 6.18.010(6).
6.18.010.3 All water distribution facilities installed hereunder shall be and remain the property of
the District.
6.18.010.4 Size and location of facilities installed shall be specified by the District. Type and
quality of material shall be thaf specified in General Requirements, Water Specifications, as
adopted from time to time by the District. .
6.18.010.5 The installation of main extensions does not alleviate the applicant from the facilities
fee requirement.
6.18.010.E At the District's option, it may enter into an agreement with the applicant whereby
adjacent properties connecting to the main extension, installed by the applicant, will be required
to reimburse the applicant, through the District, for a prorated share of the main extension cost.
This reimbursement will continue until the line has been in service for a period of ten years.
(Water Rule 21, Minute Order 87-76)
6.18.010.7 Properties to be connected to the water system must be adjoining a cistribution main.
Extension of water distribution facilities shall be required for service to parcels not adjoining the
existing distribution main. Distribution system extensions or modifications may be :equired to meet
current system design and capacity criteria. The District may determine that it would not be in the
best interest of the District to allow a system extension or modification.
6.18.010.8 If, by reason of a lot line adjustment or lot split, water service to a parcel no longer
satisfies the requirement of Section 6.18.010.7, water service to the nonconforming parcel may be
terminated until such time as it is brought into compliance with District regulations. At such time that
the District becomes aware of a nonconforming parcel, the District will notify the property owner
anc nitiata the process of bringing the water service intc compliance with District requirements.
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6.18.010.9 An applicant for water service or existing customer may apply for a variance from the
service requirements of the District. The variance shall be submitted in the form cf a letter stating
the requested variance, the reasons for the request and submitting a fee of two hundred dollars
(5200). The request shall be reviewed by the Water Superintendent and General Manager of the
District. If both agree to grant the variance, the variance is granted. If either or both deny the
variance, the variance is denied. If the variance is denied, the applicant may appeal to the Board
of Directors.
6.18.010.10 In granting a variance to District requirements, conditions may be imposed to mitigate
any adverse impacts to the District water system caused by the nonconforming facilities.
(Water Rule 21, Minute Order 87-76, Reso. 9623)