Loading...
HomeMy WebLinkAboutMinutes - Minutes - City Council - Meeting Date: 3/19/2002 * PLEASE NOTE: Since the Glendale City Council does not take formal action at the Workshops, Workshop minutes are not approved by the City Council. MINUTES CITY OF GLENDALE CITY COUNCIL WORKSHOP March 19, 2002 1:30 p.m. PRESENT: Mayor Elaine M. Scruggs, Vice Mayor Thomas R. Eggleston, and Councilmembers Joyce V. Clark, Steven E. Frate, David M. Goulet, H. Phillip Lieberman, and Manuel D. Martinez ALSO PRESENT: Ed Beasley, City Manager; Terry Zerkle, Assistant City Manager; Rick Flaaen, City Attorney; and Pamela Oliveira, City Clerk 1. DESERT GARDENS II SMALL PLANT CITY STAFF PRESENTING THIS ITEM: Mr. Ken Reedy, Deputy City Manager. Desert Gardens II is a proposed 225-unit apartment complex located on Glendale Avenue, east of Litchfield Road, in the strip annexation area, but not in the current City limits. The developer has requested that the City of Glendale provide sewer service to the project, but no sewer is available in the area at this time. The nearest Glendale sewer is approximately two miles east of the site. This area is not in the current sewer service area for the City, but is in the sewer planning area. Since the project is not able to be sewered by the City of Glendale, staff suggested that the developer should contact Litchfield Service Company that is providing sewer service to a nearby subdivision. Litchfield Service Company was not able to serve the area at this time. Since sewer service is not available, the developer has requested that the City sponsor a small package plant to serve the project. The City's Engineering Department has reviewed the project plans. City staff agreed that there is no alternative that can be currently implemented to provide the project with sewer service other than a small package treatment plant. The project is located east of the Luke Air Force Base 65 ldn noise contours and not impacted by Luke planning restrictions. Maricopa Association of Governments is the agency that manages the regional Water Quality Management Plan known as the MAG 208 Plan. The process requires that the City sponsor the change to the Water Quality Management Plan. The developer is Midas Capital and is represented by Ms. Cathy Oliva. 1 The City Council has not discussed this project in the past. The most recent discussion of this subject was the Russell Ranch project in July of 2001. It was located in the extreme southwest corner of the strip annexation boundary and the Council agreed to allow the project's small plant to be sponsored by the City. Another project discussed several years ago was the Dreaming Summit development that is being served by Litchfield Park Service Company. Maricopa County has zoning and development authority in this area and has approved the project, subject to resolving the sewer service issue. No citizen participation process has been developed since this project is outside the City limits and in Maricopa County jurisdiction. Luke Air Force Base has reviewed the project and issued a statement of no objection. No budget Impact is expected at this time. Staff has required that the developer enter into an agreement to lien the property in the amount of the current impact fees and agree to connect to the sewer when service is available within 500 feet on Glendale Avenue. The developer has also agreed to remove the package treatment plant at the time offsite sewer service is provided. This item was presented to the Council for review of the project issues and to provide staff with direction regarding how the City should respond to this request and communicate with Maricopa Association of Governments. Councilmember Goulet asked Mr. Reedy why the City's budget would not be impacted if service was provided. Mr. Reedy explained that the developer would be required to construct and operate the plant. He said the agreement requires that the property owner hook to the sewer when it becomes available and pay the impact fees at that time. Councilmember Goulet asked if the connection would have to be made within a certain time period. Mr. Reedy said the agreement states they have to connect to the system and pay the impact fees within 90 days or a lien would be filed against their property. Councilmember Clark asked if the developer would be responsible for abandonment costs of the two package plants. Mr. Reedy stated that both state and federal law hold the developer responsible for those costs. He said there is a remote possibility that the City could be impacted in the future if the developer was to sell the property to a third party who did not maintain the plant. Councilmember Clark asked if there had been any instance where the City upheld the M�4G 208 Policy. Mr. Reedy said the City follows the policy scrupulously west of 1151 Avenue; however, the subject areas are out of the area where the City can currently provide sewer service. He said this appears to be the only solution that would allow the developer to continue with its project. Councilmember Martinez asked why this item was just now coming to Council. Mr. Reedy explained that the original intent was to build one plant, which would have been in conformance with the MAG 208 Policy. He said, after exhausting all other options, the developer is now requesting permission to build two package treatment plants. 2 Councilmember Frate asked how long the developer would have to use the package plant before being able to utilize other service. Mr. Reedy said it is difficult to estimate because it depends on whether the area is annexed and what other development occurs in the area. Councilmember Frate asked why they could not build one large plant. Mr. Reedy said that was the developer's original proposal; however, the developer's financing company required that each project have its own plant. Councilmember Clark asked about the consequences of denying the request. Mr. Reedy stated that Maricopa County would have to re-evaluate if they could move forward with the project. He said he did not know of any other viable solution for the County. In response to Councilmember Martinez' question, Mr. Reedy explained that the City would benefit in that the property owner would have to pay the impact fees associated with becoming a customer when service becomes available. Councilmember Goulet expressed his opinion that the City would also benefit from the housing which the project would provide for Luke Air Force Base personnel. He said the applicant had been very willing to work with the City, but financing restrictions have forced them to request the second plant. In response to Mayor Scruggs' question, Mr. Reedy explained that each apartment complex has a separate agreement, which requires that they connect to the sewer when available. He said if, within 90 days, the property owner does not connect and pay the impact fee, a lien would be placed on the property. He confirmed that the agreement would be recorded with the deed and run with the land. Councilmember Martinez said he supports the request because Luke Air Force Base is in favor of it and it would provide housing for Luke personnel. Councilmember Lieberman said he also supported the project because it would provide base housing. Councilmember Frate also voiced his support of the project. Councilmember Clark said, although she supported the project because of the benefit of additional housing, she continued to be concerned about the number of MAG 208 Policy exceptions. She suggested that the policy be revisited and possibly revised. Mr. Reedy explained that the Council only deals with exceptions to the Policy. In response to Mayor Scruggs' question, Mr. Reedy explained that previous denials were for situations where the developer asked to develop 600 or 700 units in a square mile with septic systems. He said those developers ultimately suggested a treatment facility or the use of an existing facility. Mayor Scruggs voiced the Council's consensus to bring this item forward for approval at the next Council meeting. She directed the City Manager to write a letter of support to MAG. ADJOURNMENT The meeting was adjourned at 2:45 p.m. 3