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
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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
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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).
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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
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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
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ADJOURNMENT