Cheney council OKs final plat

Cheney’s City Council approved a final plat designation for the fifth phase of the Golden Hills subdivision at its May 14 meeting, a move a Cheney developer made a last minute request to deny due to a property dispute.

In a May 14 email to Cheney senior planner Brett Lucas, and read to the council by city attorney Stanley Schwartz, developer Steve Emtman requested a “hold on any and all permits issue by the city of Cheney” regarding a pair of disputed parcels, and that any boundary line adjustment (BLA) process for those parcels by the Spokane County Assessor’s office “be reversed and/or stopped immediately.”

Emtman said one parcel is owned by his company, JD Cheney LLC, but shows on the Assesor’s office map as being owned by Golden Hills Phase 5 developer JAMM Development LLC, while a JAMM parcel shows on the same map as being owned by JD Cheney. The map apparently “reflects a disputed BLA between the two property owners JAMM Development and JD Cheney LLC.”

“I do not agree with the current BLA legal description and the owners of JAMM Development are aware of my dispute,” Emtman wrote. “Property taxes were intentionally left unpaid as to allow time for a resolution of the BLA and to prevent any recording which would negatively impact my parcel.”

Emtman said the current legal description and map reduces his park front ownership by over 29 feet. He accused JAMM of “intentionally” pretending to be the owner of JC Cheney LLC and paying the taxes and completing the BLA on the dispute property.

Schwartz told council their responsibilities in this process are dictated by city ordinance which stipulates that when the council “finds that the land division proposed for final plat approval conforms to all terms of the preliminary plat approval, and that said land division meets the requirements of the applicable state laws, city ordinances and other standards, which were in effect at the time of application for preliminary plat approval, it shall approve the final plat, upon adoption of findings of fact.”

A Cheney planning staff report indicated the Golden Hills fifth phase application — which would provide 43 single-family and 23 two-family residences upon build out — had met all of these requirements. Schwartz said the matter was not final until conditions of approval set forth in the final plat resolution were met.

“If it’s wrongful, it’s a dispute between Mr. Emtman and the platter,” Schwartz said. “It’s a dispute between two private parties.”

Schwartz said there was no reason for the council to table the resolution, adding that JAMM’s owners had indicated they were prepared to swear under oath they owned the disputed property. Emtman’s concerns were on the record and noted.

“I believe your discretion is limited in this matter,” he said.

In other business, the council approved an addendum to a contract with the city’s network server provider, Intrinium, to begin the three-phase process of updating those servers. Phase one involves installation of new software and other efficiencies, with phase two taking place in early fall and phase three later in the year.

“This is the simplest of the three phases,” Finance Director Cindy Niemeier said. The agreement also modifies the original agreement’s compensation, adding “a maximum amount of $18,077.94” for additional services or such amount as both parties agree to that do not “exceed 10 percent of the maximum amount.”

In an added agenda item, council approved a $57,783 purchase of a new shuttle bus for the Parks and Recreation Department to replace one destroyed in 2018 while undergoing maintenance. City Administrator Mark Schuller said the total cost of the 14-seat vehicle would be between $65,000 – $70,000 once completely outfitted, and that a budget amendment would be needed to cover the balance not covered by a $45,000 insurance settlement.

Earlier in the meeting, Cheney resident Edith Dixon spoke on behalf of some seniors in attendance to request the city replace the bus, the lack of which had been impacting activities for that age group.

John McCallum can be reached at [email protected].