MOAB CITY COUNCIL MINUTES SPECIAL CITY COUNCIL WORKSHOP/MEETING NOVEMBER 1, 2016

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1 MOAB 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 # An Ordinance Enacting a Moratorium on New Connections to the City of Moab Wastewater Treatment System. The Council invited questions from the audience. WORKSHOP MEETING & ATTENDANCE MEETING CALLED TO ORDER PRESENTATION 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, Page 1 of 6

2 with an expected opening date in the Fall of Councilmember Jones asked about the odor and Beckman responded that sewer odors will exist until the new plant comes online. COUNCIL DISCUSSION 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. CITIZENS HEARD 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 Page 2 of 6

3 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. Page 3 of 6

4 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 MOTION TO TABLE Page 4 of 6

5 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. NEW MOTION TO TABLE Page 5 of 6

6 The meeting was adjourned at 6:55 PM. ADJOURNMENT APPROVED: ATTEST: David L. Sakrison Rachel E. Stenta Mayor City Recorder Page 6 of 6