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Mill Pond development: staff reports construction sequencing, DEQ enforcement challenge reported
Summary
City staff updated councilors on the Mill Pond (phase 2/2b/3) development status, noting outstanding storm pipe and paving work tied to approvals and financing. Staff also said the developer’s attorney is challenging a DEQ enforcement letter received last week; the city is copied but not a party to that challenge.
City planning and public works staff updated the council on Sept. 8 about outstanding infrastructure work and regulatory issues related to the Mill Pond development.
Staff said the remaining tasks for Phase 2B primarily include installation of 30‑inch storm pipes, a street closure permit for Chapel Drive and associated erosion control approvals. The developer has submitted Phase 3 infrastructure plans and the city’s engineering review is in process; staff said project financing and escrow arrangements for lot‑line adjustments depend on those plan approvals.
On regulatory issues, city staff reported a new development: an attorney representing the developer (identified as Levi for Bill Pond Crossing in the staff report) has filed a challenge to a DEQ enforcement letter the developer received and has requested a meeting to discuss the matter. Staff said the city was copied on the challenge and offered to attend the meeting as a witness, but the enforcement challenge and any subsequent DEQ process are not matters the city controls.
Staff emphasized the domino nature of outstanding items: the city will not schedule Phase 3 reconstruction until Phase 2 and 2B permits and punch‑list items are complete, and several tasks (paving, ditch fill) await completion of the storm pipe work.
Discussion vs. decision: staff provided an operational update; no council action or new permits were approved at the meeting.
