HomeMy Public PortalAboutMIN-CC-2016-11-01MOAB CITY COUNCIL MINUTES
SPECIAL CITY COUNCIL WORKSHOP/MEETING
NOVEMBER 1, 2016
The Moab City Council held a Special City Council Meeting/Workshop on
the above date in the Council Chambers at the Moab City Center,
located at 217 East Center Street, Moab, Utah.
Mayor Dave Sakrison called the Workshop to order at 5:30 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, Community
Services Director Amy Weiser, and City Engineer Phillip Bowman.
Approximately 100 members of the public and media were present.
The Workshop consisted of a Presentation by Jeff Beckman and Bob
Mayers of Bowen Collins and Associates regarding the Waste Water
Treatment Plant and a discussion of the City Council on the
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. The Council invited questions
from the audience.
Mayers discussed the technical memo and presented a slide show
showing the current facility and described the state of the facility and
the type of treatment that is employed in Moab. He outlined the
standards and measures of BODs (Biochemical Oxygen Demand) and TSS
(Total Suspended Solids) and the biological loading the current facility is
experiencing. He also discussed the variations in high season and cold
season, and pointed out the current plant is overloaded.
He proposed that hauling the septage from area vault toilets to Price
and/or Blanding for a period of time could increase capacity to offset
the Priority Connections list connection applicants.
He also discussed some other interim measures that could alleviate the
overload until the new system comes online.
The anticipated schedule for the new wastewater plant was outlined,
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WORKSHOP MEETING &
ATTENDANCE
MEETING CALLED TO ORDER
PRESENTATION
with an expected opening date in the Fall of 2018.
Councilmember Jones asked about the odor and Beckman responded COUNCIL DISCUSSION
that sewer odors will exist until the new plant comes online.
The Mayor asked about what the community can do to reduce loading
on the existing system. Beckman replied that garbage disposals add
significantly to the BOD count. The BODs have increased over the years
as in -sink disposals have become more prevalent. He went on to explain
that pouring grease down drains is a problem and should be reduced.
When questioned about pharmaceuticals poured into drains, he
explained that the wastewater treatment plant does not process
pharmaceuticals, so these are poured into the river. Councilmember
Derasary noted that unwanted pharmaceuticals can be taken to the
Sheriff's office or Walker Drug for disposal.
Councilmember Derasary asked about what happens if winter tourism
increases. It was explained that motel units are factored into the ERUs.
The engineers estimated a two percent growth rate every year for a
twenty-year span.
The following Citizens were heard:
William Love asked about downstream chemicals and odors.
The reply was that chlorine kills biological organisms, so chlorine is bad.
Of the new chemicals in use or proposed, the engineer had no data
indicating it can harm the river. Of the polymers discussed, the engineer
was unclear if there is concern; if there is concern, they will try to avoid
the polymers.
Tom Dillon asked about long-term increase of flow.
The answer was that the new plant will nearly double capacity, with a
50% expansion potential.
Rolf Kappeli asked about definitions in paragraph 5 about the Priority
Connection list.
City Attorney McAnany described the proposed exemptions in the
proposed and partial moratorium.
Developer Gary Blackburn announced he is planning to build twenty
units by the golf course. He asked if the Wastewater Treatment Plant
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CITIZENS HEARD
operators could add organisms or increase the heat of the water to
speed processing.
The answer was that there is unproven benefit of introduced organisms
and that heating water is very expensive.
Blackburn also asked about the City's confidence level in the two-year
construction timeline for the new plant.
The Mayor answered that there would be monetary incentives to build
faster and to come online sooner.
Councilmember Derasary asked for a summary of some of the hiccups
the City has experienced, for the benefit of the audience.
The Mayor explained the delay caused by the possibility of the presence
of an endangered bird, the yellow -billed cuckoo. The US Fish & Wildlife
Service biologists were on -site to investigate and did not find any birds.
The Mayor went on to explain that once the construction is underway,
all the trees must be cleared by year's end to ensure yellow -billed
cuckoos do not take up habitation.
Councilmember Derasary also asked if the organisms that assist with the
processing of the water treatment are outside, and if enclosed, could
the enclosures be heated.
The response was that the trickling filters are partially enclosed. The
engineer went on to explain that heating the enclosure is not out of the
question, but it is a very expensive proposition.
Councilmember Derasary also commented that, with regard to the
endangered bird, the protocols of the US Fish & Wildlife Service are in
place.
Contractor Richard McElhaney stated that he is working on plans, and
he asked if single family homes will be allowed.
City Attorney McAnany replied that the proposed moratorium allows for
primary residences only, not vacation and second homes.
Moab Springs Ranch owner McKay Edwards asked if projects could be
permitted and constructed, to be queued up for Certificates of
Occupancy once the new system comes online.
Interim City Manager Everitt replied that yes, that is what is proposed.
Jon Kovash asked about the City's violations with wastewater effluent.
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The Mayor explained that since the City is trying to move forward, it is
unlikely that the City will be fined. He went on to explain that the City is
in ongoing discussions with the Department of Environmental Quality
(DEQ) and that they have delayed the new plant in various ways.
An unidentified woman asked if there were stepped incentives for quick
construction of the plant.
The Mayor explained that yes, this is being discussed.
An unidentified man asked if remodels were to be allowed.
The answer was that the proposed moratorium exempts existing
connections, so that unless a remodel was extreme in its increased
impact, it would be allowed.
Richard Blackburn asked if there would be penalties if the contractor did
not finish the new plant on time?
City Attorney McAnany explained that, yes, typical construction contract
rules would apply, including incentives for early completion and
penalties for delayed completion.
William Love suggested that, instead of raising resident rates, the City
should consider increasing impact fees for developers of large projects.
The response was that the City has considered this and a legal opinion is
required.
Councilmember Knuteson-Boyd commented that everyone is impacted.
This will be a shared sacrifice.
The Mayor asked the Council if they desired action at the meeting or at
a later date. Councilmember Derasary stated she would like more time,
till November 8. Councilmember Knuteson-Boyd stated she would like
more time. Councilmember Derasary said she would like more
information from staff about changing opinions. Councilmember Ershadi
stated she would like to postpone, to gather more input from the public
and the County. Interim City Manager Everitt stated that one option
would be to postpone for three months in order to see if the interim
measures proposed by the engineers have a significant impact.
Councilmember Knuteson-Boyd made a motion to table the
consideration of the proposed moratorium indefinitely. Councilmember
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MOTION TO TABLE
Ershadi seconded the motion. The motion passed 4-1 with
Councilmembers Bailey, Jones, Knuteson-Boyd, and Ershadi voting aye
and Councilmember Derasary voting nay.
Councilmember Bailey asked City Attorney McAnany if there is wisdom
in delay. City Attorney McAnany replied that a run on the bank has
begun for the planning and permitting process. He advised that the City
Council needs to send a clear direction to staff. He went on to state that
sewer services must be tied to issuance of building permits.
Community Development Director Weiser stated that she has heard that
there are concerns that lenders will not issue building loans without the
assurance of future connections. She stated that letters from the City
would be issued to lenders to ensure connectivity for projects exempted
from the moratorium.
William Love stated that the City is in high violation with current
conditions at the wastewater plant. He questioned the prudence of
another three-month delay. He stated that the City needs to stop
digging a deeper hole. By shipping septage to neighboring communities,
this will buy some capacity.
City Attorney McAnany referred to the Priority Connections list and
speculated that several of the larger projects in the permitting process
will likely not come online for some time.
Councilmember Ershadi stated that she wanted to make sure a
moratorium was needed.
Councilmember Knuteson-Boyd asked if thirty days was enough to tell if
the interim measures would increase capacity. The reply was no.
Councilmember Jones acknowledged that he would be personally
affected in his work as an architect, but he is intent on acting in the
interests of the City.
Councilmember Derasary made a new motion to table the consideration
of the proposed moratorium until the next meeting on Tuesday,
November 8. Councilmember Ershadi seconded the motion. The motion
passed 5-0 with Councilmembers Bailey, Jones, Knuteson-Boyd, Ershadi,
and Derasary voting aye.
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NEW MOTION TO TABLE
The meeting was adjourned at 6:55 PM.
APPROVED: ATTEST:
David L. Sakrison Rachel E. Stenta
Mayor City Recorder
November 1, 2016
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ADJOURNMENT