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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