CC - Agendas - City Council - REGULAR - 5/13/2014

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Prescott City Council Page 4 Regular Voting Meeting April 22, 2014 D. Adoption of Ordinance No. 4883-1421 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF PRESCOTT, YAVAPAI COUNTY, ARIZONA, AUTHORIZING THE PURCHASE OF A NOISE AND ODOR EASEMENT AND THE PURCHASE OF REAL PROPERTY FROM ARIZONA ECO DEVELOPMENT, LLC FOR THE "PRESCOTT AIRPORT WATER RECLAMATION FACILITY EXPANSION PROJECT" AND AUTHORIZING THE MAYOR AND STAFF TO EXECUTE ANY AND ALL DOCUMENTS TO EFFECTUATE SAID PURCHASES Scott Tkach, City Engineer, presented. He said this item is to approve an ordinance to acquire a noise and odor easement and real property necessary to operate the Prescott Airport Water Reclamation Facility which is nearing the end of its construction period. Mr. Tkach said the plant is increasing from 1.2 million gallons per day (MGD) to 3.75 MGD under Phase 1. He noted that the City needed a 1,000 foot setback per Arizona Department of Environmental Quality (ADEQ) requirements. Some of the benefits of the real property purchase are to re-establish the western edge of Granite Creek to reduce the erosion of the creek bank along the treatment plant, install landscape plantings to screen the treatment plant, installation of the replacement sewer trunk main and future solar facilities to reduce energy costs. Mr. Tkach said staff is requesting to purchase 63.684 acres of noise and odor easement at a total cost of$317,016.30, plus closing costs and 23.821 acres of fee simple real property at a cost of$251,002.00, plus closing costs. Councilman Arnold asked if they are sure the property would be enough for future expansion of the plant. Mr. Tkach said yes, up to 15 million gallons per day, which is build out for the City. Mayor Kuykendall asked if there was a reason why the City only purchased an easement. Mr. Tkach said the developer wished to reserve some of the land for potential open space. Mayor Kuykendall asked if the City was protected from any nuisance the plant might create. Craig McConnell, City Manager, said the City is actually acquiring a noise and odor easement and a contract between both parties acknowledges that. Jon Paladini, City Attorney, said the grantor of the actual easement agrees to release any and all claims against the City. Jason Gisi, Prescott resident, said that the open space in Granite Creek was one issue, the property that is located next to the sewer treatment plant is now forever encumbered by an odor and noise easement, so if there was a successor, they would take the title subject to that obligation. Mr. Paladini said the easement runs with the land.