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HomeMy Public PortalAboutMIN-CC-2016-10-31MOAB CITY COUNCIL MINUTES SPECIAL WORKSHOP MEETING October 31, 2016 The Moab City Council held a special workshop study session 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 6:00 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, Community Services Director Amy Weiser, and City Engineer Phillip Bowman. There were 40 members of the public and press in the audience. SPECIAL WORKSHOP STUDY SESSION & ATTENDANCE The Workshop consisted of a presentation concerning the Proposed WORKSHOP Ordinance #2016-15 — An Ordinance Enacting a Moratorium on New Connections to the City of Moab Wastewater Treatment System, and a question and answer period for the Council members. Community Services Director Weiser presented a slide show reviewing the workshop agenda, recommended action, the Priority Connections List, the definition of Primary Residences, the definition of Equivalent Residential Unit (ERU), Interim Measures to the Existing Wastewater Treatment Plant, and the Timeframe for Construction of the new Wastewater Treatment Plant. Councilmember Jones asked if the temporary capacity is equal to interim measures. The list of Priority Connections was presented, and was comprised of those projects already in the permitting process. Approximately 800-1000 ERUs are on the list, which is pending approval of Council. City Engineer Bowman explained the list. Jones asked about the Treatment Plant's current ERUs, and Bowman replied that this is unknown but is discussed in the technical memo. During the presentation of the Primary Resident definition, Councilmember Knuteson-Boyd asked about condominiums and apartments. It was suggested that this question should be addressed to October 31, 2016 Page 1 of 5 the City Attorney at the next meeting. Councilmember Ershadi posed the question "What got us here?" and wondered what other options there were besides a moratorium. Interim City Manager Everitt explained that it would take 18-24 months for the new facility to come online. He suggested that a hold on new permits would give the City breathing room due to currently operating at capacity. Everitt explained that the memo from the engineering consultants would explain the state of current conditions better at the next meeting. The Mayor explained that the plant is very near its hydraulic capacity. The discharge doesn't meet state requirements and for the last three years, the City has violated the environmental quality standards regularly. The City Engineer stated that the engineer's memo is a public document that will be on the City's website. He explained that every hotel room equals 0.8 ERU, so a 100-room hotel equals an impact of 80 ERUs. The Mayor explained that one of the delays in beginning construction of the new Wastewater Treatment Plant was due a situation involving an endangered bird, the yellow -billed cuckoo, which could possibly have been nesting in the area. The US Fish & Wildlife biologists did not find any birds. According to the USFWS, once construction begins it cannot stop because a bird might appear and nest, and thus delay the project until next September. Councilmember Derasary asked if there is a history of capacity studies. The Mayor responded that six weeks ago a study was commissioned. He did not know of studies prior to this. Derasary went on to ask what standards exist for community reporting on monitoring. Engineer Bowman stated that there is no standard that would compare to the water quality report provided to the community annually. Derasary continued that the City needs to educate the public about what is meant by "capacity" and if the City is operating at capacity, how can the moratorium exempt residential units? Councilmember Ershadi stated that citizens engaged in the construction October 31, 2016 Page 2 of 5 industry would be negatively affected. The Mayor responded that there are ethical considerations of operating out of compliance. Councilmember Jones asked about items on the Priority List and estimated capacity. Councilmember Ershadi brought up the number of connections in Spanish Valley and how the number exceeds the agreed -upon number of connections. Councilmember Bailey commented that there are currently more than four times the allowed connections in Spanish Valley. Councilmember Ershadi asked whether this is negatively impacting City users. Bailey responded that the agreement, which was nearly signed, includes Spanish Valley in the moratorium. Bailey agreed that the issue should have been addressed a long time ago and stated that in 2014, the Moab City Manager and Public Works Director told the Council that the capacity existed when it did not. Councilmember Ershadi stated that was correct. Councilmember Bailey continued that the Council was relying on information that was inaccurate. Councilmember Ershadi stated that a few months after that in 2014, the City Engineer said that an upgrade was needed and that was when awareness of the issue was dawning in the public. Councilmember Bailey stated that Bowen Collins was brought onboard in April 2014 and a contract was entered into to evaluate a new plant. Community Services Director Weiser stated that the permit to construct the new plant was submitted to DEQ one and a half years ago. Councilmember Derasary asked if there are seasonal variations that affect the efficiency of the existing plant. Engineer Bowman stated that the consulting engineer had two models for high season and cold season. Councilmember Bailey commented that the EPA hasn't charged the City with a fine for violations but they could; they understand the City is trying to build a new plant. The Mayor added that the City has to do something, and that the City can't not act. Councilmember Derasary asked what standards are not being met by the City. Engineer Bowman replied e coli, Biochemical Oxygen Demand (BOD), and Total Suspended Solids (TSS). October 31, 2016 Page 3 of 5 Councilmember Knuteson-Boyd asked what if the City doesn't do anything? Is there raw sewage coming up residential drains? Interim City Manager Everitt replied that if the City takes no action, there will be more violations. He went on to explain that there won't be backup in drains, but rather there will be higher contamination of what is going into the river. Knuteson-Boyd asked if conservation was an option. Engineer Bowman explained that conservation of such a magnitude is incomprehensible, but he'd check with the consultant. Everitt replied that the short answer is no. Councilmember Bailey mentioned that garbage disposals are a significant factor, and the Mayor added that grease is also significant and shouldn't be poured down drains. Councilmember Jones asked about a moratorium in zones that allow overnight rentals, and suggested only allowing affordable housing. Community Services Director Weiser explained the Primary Residence rule would apply in any zone, and that permits that have already been pulled would be exempted. She suggested that this topic be discussed with the City Attorney. Jones also referenced the paragraph 5.a in the draft and the affidavit of primary residence was discussed. Everitt mentioned the definition of affordable housing needs to be established. Jones questioned if a Class B misdemeanor is sufficient, and Weiser recommended asking the Attorney. Councilmember Knuteson-Boyd asked about enforcement. Councilmember Jones asked about the timeline. The Mayor explained there are options on the table. The first is septage from area vault toilets. The DEQ would like the two septage vendors to transport septage out of the area. Councilmember Derasary asked if there are allowances for exempting small projects and added that exclusions need to be substantiated. The Mayor reiterated that the City has had substantial violations, not just by a few points. Councilmember Jones speculated that the Primary Connections List might or might not be offset by redirecting the septage. Also, he pointed out that some of the projects on the list will not come online till near the completion of the new plant. Engineer Bowman referenced the Technical Memo and stated that the October 31, 2016 Page 4 of 5 breakdown of ERUs is as follows: 6,107 ERUs are from Moab (58%), 2,944 are from Spanish Valley (28%), and 1,373 are from Septage (13%). Councilmember Jones asked if Moab City can receive the septage and act as a transfer station. The Mayor suggested that he believes the NPS would transport their own waste. Councilmember Jones also asked about impact fees. He stated that these fees are set by state law, and wondered if septage is subject to the same rules. The Mayor stated that the fees for septage are contractual with the City. The meeting was adjourned at 7:30 PM. APPROVED: ATTEST: David L. Sakrison Rachel E. Stenta Mayor City Recorder October 31, 2016 Page 5 of 5 ADJOURNMENT