HomeMy Public PortalAboutMIN-CC-2016-11-08MOAB CITY COUNCIL MINUTES
REGULAR MEETING
NOVEMBER 8, 2016
The Moab City Council held its Regular Meeting on the above date in
the Council Chambers at the Moab City Center, located at 217 East
Center Street, Moab, Utah. A recording of the meeting is archived at
http://www.utah.gov/pmn/index.html.
Mayor Dave Sakrison called the Workshop to order at 6:30 PM. In
attendance were Councilmembers Rani Derasary, Heila Ershadi, Tawny
Knuteson-Boyd, Kyle Bailey and Kalen Jones. Also in attendance were
Interim City Manager David Everitt, City Recorder/Assistant City
Manager Rachel Stenta, City Attorney Chris McAnany, City Engineer
Phillip Bowman, Community Services Director Amy Weiser, Planning
Director Jeff Reinhart, Treasurer Jennie Ross, Interim Police Chief Steve
Ross, Public Works Administrative Assistant Leigh Anne Reinhart, and
Parks, Recreation and Trails Director Tif Miller.
The Workshop consisted of discussion of Proposed Ordinance #2016-08
— An Ordinance Enacting a Moratorium on New Connections to the City
of Moab Wastewater Treatment System. Councilmembers addressed
questions and comments received from citizens. Councilmember
Derasary related citizens' questions about the status of negotiations
between the City and the Department of Environmental Quality (DEQ),
chemicals proposed to be used in the current plant to optimize
efficiency, limiting hotel occupancy to 80% to reduce the load on the
current plant, and rerouting of septage from the area's vault toilets.
Councilmember Bailey asked about timeline for the wastewater
treatment plant design. The Mayor, City Attorney McAnany, Interim City
Manager Everitt, and City Engineer Bowman responded to the various
questions.
City Engineer Bowman stated that the interim mitigation efforts to
increase efficiency of the current plant during construction is now
estimated to cost between $300,000 and $400,000 and was estimated
earlier to cost about $50,000.
Councilmember Ershadi commented that all costs are going up and that
a discussion of budget is needed. Councilmember Bailey stated that the
consulting engineer is doing a revised rate study; sewer rates will all
need to be reviewed. Interim City Manager Everitt noted that the
annual budget process will be a time to discuss costs, and added that a
November 8, 2016
REGULAR MEETING &
ATTENDANCE
PRE -COUNCIL WORKSHOP
Page 1 of 9
five-year plan is good practice. He also asked if current staffing levels
are adequate. Councilmember Bailey stated that the new Public Works
Director starts November 21, and many other positions are open.
Councilmember Knuteson-Boyd raised the question of how to enforce
the "primary residence" rule in the proposed moratorium. Interim City
Manager Everitt replied that enforcement of any code issue is always a
concern and the current mode is a complaint -driven process for
enforcement. City Attorney McAnany added that it would be a Class B
Misdemeanor and explained the repercussions of this type of violation.
Mayor Sakrison called the Regular City Council Meeting to order at 7:00
PM and led the pledge of allegiance. Fifty-three (53) members of the
public and media were present.
Councilmember Derasary moved to approve the minutes of October 11,
25, and 31, 2016 meetings with corrections provided by
Councilmembers Derasary and Ershadi. Councilmember Jones seconded
the motion. The motion carried 5-0 aye, with Councilmembers Bailey,
Ershadi, Jones, Derasary and Knuteson-Boyd voting aye.
There were no Citizens to be heard.
Mayor Sakrison presented Pierson Vagts with the Mayor's Student
Citizenship of the Month Award for November 2016 for Helen M. Knight
School.
At 7:15 PM Mayor Sakrison opened a public hearing on Proposed
Ordinance #2016-08 — An Ordinance Amending Chapter 13.25 of the
City of Moab Municipal Code with New Amounts for the Sewer Impact
Fees. There were no citizens to be heard so the Mayor kept the hearing
open. He closed the hearing later in the meeting, with no comments
before the proposed ordinance was considered.
Under Community Services Update, Community Services Director
Weiser reported on an update of the Affordable Housing Plan. She
noted a request by Zacharia Levine, Grand County Community
Development Director to hold a joint City/County council meeting.
Weiser also reported that there is an effort underway to secure housing
for the wastewater treatment plant contractors and also that the City's
parade float is in the works.
City Engineer Phillip Bowman reported on the Engineering Department
Update, stating that the City is re -advertising the unfilled engineer
November 8, 2016
REGULAR MEETING CALLED TO
ORDER
APPROVAL OF MINUTES
CITIZENS TO BE HEARD
PRESENTATION OF STUDENT
OF THE MONTH
PUBLIC HEARING
DEPARTMENTAL UPDATES
Page 2 of 9
position. He also mentioned discussions with UDOT regarding a
proposed turn lane onto MiVida Drive from north Highway 191, and a
proposed speed radar sign to be installed on the south end of town. He
also noted the sewer rehabilitation project is wrapping up.
Interim Police Chief Ross presented the Public Safety report. The police
department has a new secretary. He also noted he met with the school
superintendent about public relations efforts of the department.
Councilmember Derasary asked about the department's presence at
Trunk or Treat and Ross replied the event is posted on the Police
Department's Facebook page and they received good feedback on the
effort.
Administrative Assistant Reinhart reported the Public Works team has
been occupied with routine duties which were detailed in her report.
Highlights included a report that a new Mosquito Abatement District
Director was hired. Christmas lights are being installed, and flags were
in place for Election Day and Veterans' Day. Also, work is being done on
an educational flyer about the sanitary sewer to inform citizens about
how households can optimize performance of the City's wastewater
treatment facility. Councilmember Bailey brought up that Art
Wollenweber at Spanish Valley Water and Sewer Improvement District
has a similar brochure completed.
Under Recreation, Parks and Trails Department, Director Tif Miller
announced the annual Turkey Trot on November 19. It will include a
food drive for the local food bank. He noted that the last Art Walk of
the season would be the following Saturday and the next one would be
in April.
Under Recorder and Human Resources Report, City Recorder/Assistant
City Manager Stenta reported on Human Resources, mentioning the
renewal of the self -funded employee health insurance. She noted that
staff are exploring wellness incentives to help keep costs down and
improve health of employees. She reported that the salary survey team
has been meeting and is reviewing Pay for Performance models and the
pay plan which will be presented for a public hearing on November 22.
A survey of the proposed salary model is being conducted with all staff.
The Recorder's office has been working on training for the new
purchasing policy. She also reported that the budget opening would be
after health insurance final costs are in, and the new pay plan is in
place —should be early January. Stenta mentioned she had met with
bond counsel and financial counsel regarding CIB monies for USU and
the wastewater treatment plant. She also reported that work is being
November 8, 2016
Page 3 of 9
done on the various GRAMA requests. Councilmember Derasary
thanked Stenta and her team for work on the CIB funding.
Under Treasurer Report, City Treasurer Ross updated the Council that
utility bills have been sent and the water meters have been read.
Interim City Manager Everitt reported that he is working on the
wastewater treatment issues, as well as staffing. He is working on hiring
a new staff engineer and a police chief. He mentioned he may utilize a
recruiting firm for the police chief position.
Under Consideration and Possible Approval of Proposed Ordinance
#2016-15 — An Ordinance Enacting a Moratorium on New Connections
to the City of Moab Wastewater Treatment System, Councilmember
Jones reiterated he has professional interests that would be negatively
affected by the proposed ordinance. He then moved to adopt the
proposed ordinance with amendments to include provisions for
affordable housing. Councilmember Derasary seconded the motion.
Citizen William Love pointed out the City may enforce the existing
wastewater contract to limit new connections without a moratorium.
Discussion ensued with Councilmember Jones pointing out that the
temporary moratorium will help the City to manage its risk regarding
effluent violations. He noted the best -case scenario may not come to
pass. He proposed a sunset date. A hierarchy of connections was
discussed, as well as definitions for affordable housing. Councilmember
Derasary stated that embracing the status quo got the City to where it is
now and the City has an obligation to act under the authority of the
Clean Water Act. She noted that a false sense of capacity has been
estimated. Mayor Sakrison asked City Attorney McAnany to explain the
proposed exemptions to the moratorium. He clarified the priority
connections list and primary residences, and also explained that
Councilmember Jones' proposed amendments would place primary
residences under moratorium until March, and would also exempt
affordable housing units.
Mayor Sakrison asked if this expanded definition would expand the
City's legal exposure. City Attorney McAnany allowed that the City is
liable for violations, so either way, the City and its citizens are exposed.
Councilmember Bailey asked how the proposed moratorium would end.
City Attorney McAnany replied that Section 6 directs staff to implement
and study the effects, with no specific sunset provision. Interim City
November 8, 2016
MOTION TO APPROVE
PROPOSED ORDINANCE
#2016-15 WITH
AMENDMENTS, FAILED
Page 4 of 9
Manager Everitt clarified that the moratorium would be in place until
the Council moves to repeal it.
More discussion ensued between Mayor Sakrison, Councilmember
Bailey, and Councilmember Ershadi regarding mitigation efforts. The
Mayor stated that, after discussion with Greg Fosse, Wastewater
Treatment Plant Operator, and the DEQ, he has reconsidered his stance
on whether the problem is a volume issue or a treatment issue and
hopes that mitigation efforts can make a difference. Fosse answered
questions from the Mayor and Councilmembers Knuteson-Boyd and
Ershadi about current plant efficiency.
Councilmember Ershadi stated the City is in compliance now. She stated
that a moratorium should be a last-ditch effort. She continued that
being slightly in or out of compliance is not very different.
Councilmember Knuteson-Boyd stated that, with so many exemptions,
it is not a real moratorium. She agreed that a moratorium should be a
last-ditch effort. She stated her concern about the human cost of layoffs
in the construction industry.
Councilmember Derasary pointed out that the City Council must uphold
the state constitution. She warned that the City could be sued by any
number of sides. She stated the Council owes it to the future.
Councilmember Ershadi suggested that composting toilets might help
mitigate the impacts.
The question was called, and the motion failed 2-3 with
Councilmembers Derasary and Jones voting aye and Councilmembers
Ershadi, Knuteson-Boyd and Bailey voting nay.
Councilmember Bailey moved to adopt the original motion with an
expiration date of six months. Councilmember Jones seconded the
motion.
Councilmember Bailey pointed out we are not yet permitted for
construction and it is premature to think the new plant can come online
in two years. Councilmember Ershadi stated the City should wait.
Councilmember Jones noted the liability for the City to knowingly
violate the permit and this partial moratorium is far more sensitive to
local needs than if the State imposes a full moratorium for lack of
compliance. Councilmember Ershadi stated stopgap measures are
working and again stated a moratorium should be a last-ditch effort.
November 8, 2016
MOTION TO APPROVE
PROPOSED ORDINANCE
#2016-15 WITH A SIX MONTH
EXPIRATION DATE, APPROVED
Page 5 of 9
Councilmember Derasary stated this is a serious situation and the City
must enforce the law. Councilmember Knuteson-Boyd stated that the
number of exemptions on the list raise the question of whether or not
the moratorium will do anything to help.
The motion passed 3-2 with Councilmembers Derasary, Jones, and
Bailey voting aye and Councilmembers Ershadi and Knuteson-Boyd
voting nay.
Councilmember Jones proposed to offer informal direction to Interim
City Manager Everitt to create a wastewater mitigation plan for the
Council's next meeting.
Councilmember Bailey moved to approve an unbudgeted emergency
purchase of a 185 CFM Air Compressor from Cate Equipment at a cost
not to exceed $20,000.00. Councilmember Jones seconded the motion.
The motion passed 5-0 with Councilmembers Bailey, Jones,
Knuteson-Boyd, Ershadi, and Derasary voting aye.
Councilmember Derasary moved to approve the purchase order for trip
hazard mitigation by Precision Concrete Cutting in the amount of
$24,925.00. Councilmember Bailey seconded the motion. The motion
passed 5-0 with Councilmembers Bailey, Jones, Knuteson-Boyd, Ershadi,
and Derasary voting aye.
Councilmember Jones moved to approve Task Order #16-06 with Bowen
Collins & Associates, Inc., accepting the Scope of Work for the
Wastewater Treatment Plant Additional Engineering Assistance project
with a fee amount not to exceed $66,956. Councilmember Derasary
seconded the motion. The motion passed 5-0 with Councilmembers
Bailey, Jones, Knuteson-Boyd, Ershadi, and Derasary voting aye.
Councilmember Knuteson-Boyd moved to approve Task Order #16-07
with Bowen Collins & Associates, Inc., accepting the Scope of Work for
the Wastewater Treatment Plant Environmental Permitting Assistance
project with a fee amount not to exceed $45,384. Councilmember Jones
seconded the motion. The motion passed 5-0 with Councilmembers
Bailey, Jones, Knuteson-Boyd, Ershadi, and Derasary voting aye.
Councilmember Derasary moved to approve Task Order #16-08 with
Bowen Collins & Associates, Inc., accepting the Scope of Work for
General Engineering Assistance with a fee amount not to exceed
$40,000. Councilmember Knuteson-Boyd seconded the motion. The
November 8, 2016
EMERGENCY STATE CONTRACT
PURCHASE OF AIR
COMPRESSOR, APPROVED
SOLE SOURCE TRIP HAZARD
MITIGATION PURCHASE,
APPROVED
TASK ORDER FOR
WASTEWATER ENGINEERING,
APPROVED
TASK ORDER FOR
WASTEWATER PERMITTING
ASSISTANCE, APPROVED
TASK ORDER FOR GENERAL
ENGINEERING ASSISTANCE,
APPROVED
Page 6 of 9
motion passed 5-0 with Councilmembers Bailey, Jones, Knuteson-Boyd,
Ershadi, and Derasary voting aye.
Councilmember Bailey moved to adopt Proposed Ordinance #2016-08 —
An Ordinance Amending the City of Moab Municipal Code, Sections
13.25.060 B and 13.25.060 C to modify the Sewer Impact Fee.
Councilmember Knuteson-Boyd seconded the motion. The motion
passed 5-0 with Councilmembers Bailey, Jones, Knuteson-Boyd, Ershadi,
and Derasary voting aye.
Councilmember Derasary moved to approve Proposed Resolution
#28-2016 authorizing the issuance and confirming the sale of
wastewater revenue bonds in the aggregate principal amount of not to
exceed $11,500,000 (the "Bonds") of the City of Moab, Grand County,
Utah (the "Issuer"), calling a public hearing and establishing a time,
place and location for said public hearing to receive input from the
public with respect to the issuance of bonds and any potential economic
impact to the private sector from the construction of the project to be
funded by the bonds; providing for a pledge of wastewater revenues for
the payment of the bonds; fixing the maximum principal amount of the
bonds; the maximum number of years over which the bonds may
mature, the maximum interest rate which the bonds may bear, and the
maximum discount from par at which the bonds may be sold; providing
for the running of a contest period; and related matters.
Councilmember Bailey seconded the motion. Alex Buxton with Zions
Bank made a presentation about the bonding process. The motion
passed 5-0 with Councilmembers Bailey, Jones, Knuteson-Boyd, Ershadi,
and Derasary voting aye.
City Attorney McAnany discussed the proposed agreement between
Moab City and the Spanish Valley Water and Sewer Water Improvement
District in light of the moratorium passed earlier in the meeting. The
agreement is required to secure funding from the state for new plant.
Discussion ensued between the Mayor, Council, Art Wollenweber,
Interim City Manager Everitt, and McAnany about possible amendments
to the resolution that take into account the issue of capacity and the
moratorium. Councilmember Bailey moved to authorize the Mayor and
City Attorney McAnany to reconcile the moratorium language with the
language of the Proposed Resolution #29-2016 — A Resolution
Approving An Agreement Between Spanish Valley Water And Sewer
Water Improvement District And The City of Moab, with amendments.
Councilmember Derasary seconded the motion. The motion passed 5-0
with Councilmembers Bailey, Jones, Knuteson-Boyd, Ershadi, and
Derasary voting aye.
November 8, 2016
PROPOSED ORDINANCE
#2016-08 - SEWER IMPACT
FEES, APPROVED
PROPOSED RESOLUTION
#28-2016 -- BOND ISSUANCE,
APPROVED
PROPOSED RESOLUTION
#29-2016 SPANISH VALLEY
WATER AND SEWER
AGREEMENT, APPROVED
Page 7 of 9
Councilmember Ershadi moved to approve Proposed Resolution
#30-2016 — A Resolution Adopting the Moab Wastewater Treatment
Plan — Facilities Master Plan. Councilmember Jones seconded the
motion. The motion passed 5-0 with Councilmembers Bailey, Jones,
Knuteson-Boyd, Ershadi, and Derasary voting aye.
Councilmember Bailey noted that he attended the meeting of
preliminary findings from the water study.
Councilmember Jones noted he attended a solid waste meeting.
Mayor Sakrison noted he is discussing writing a CIB grant for the USU
project. He noted that he attempted to negotiate a partial grant/loan
combination with CIB, without success. He went on to state that San
Juan County received very generous terms from CIB for a similar project.
There was discussion about the advantage of having a Grand County
representative on the CIB board. Tom Stocks was the last known
representative.
Councilmember Ershadi mentioned HMK school would hold their
Veterans Day assembly on Thursday.
Councilmember Derasary attended the meeting of the Colorado
Association of Ski Towns (CAST), which is comprised of towns with
similar issues to Moab including overcrowding, housing shortages,
noise, festival fatigue, and etc.
Derasary also mentioned the upcoming League of Women Voters event
about the minimum wage on November 14 at 5:15pm at the MARC.
Councilmember Derasary moved to pay the bills against the City of
Moab in the amount of $286,096.07. Councilmember Jones seconded
the motion. The motion carried 5-0 aye, with Councilmembers Bailey,
Ershadi, Jones, Derasary and Knuteson-Boyd voting aye.
Councilmember Jones moved to adjourn the meeting. Councilmember
Ershadi seconded the motion. The motion carried 5-0 aye. Mayor
Sakrison adjourned at 9:25 PM.
APPROVED: ATTEST:
David L. Sakrison Rachel E. Stenta
Mayor City Recorder
November 8, 2016
PROPOSED RESOLUTION
#30-2016 WASTEWATER
TREATMENT FACILITIES
MASTER PLAN, APPROVED
MAYOR AND COUNCIL
REPORTS
APPROVAL OF BILLS
ADJOURNMENT
Page 8 of 9
November 8, 2016
Page 9 of 9