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HomeMy WebLinkAbout2020CHUBBUCK IMPACT AREA WASTEWATER COLLECTION AUTHORITY • a,.RIO." CHUBBUCK *aZeF04 �t;r - )) IDAHO �Fot►v. MUNICIPAL CORPORATIpN OF IOARO BOARD OF DIRECTORS MEETING AGENDA April 30, 2020 10:00 AM Present: Kevin England, Chubbuck Mayor - Chairman Terrel Tovey, Bannock County Commissioner— Member Mike Jaglowski — Bannock County Caryn Havlovick — Bannock County Brian Blad, Pocatello Mayor —Member Jeff Mansfield, Pocatello Public Works Director David Goings — DEQ Jessie Bennett — DEQ Rodney Burch, Chubbuck Public Works Director — CIAWCA Administrator Bridger Morrison, Chubbuck City Engineer Devin Hillam, Chubbuck Planning & Economic Development Director Kami Morrison —Chubbuck Public Works Office Administrator Rich Morgan —Chubbuck Treasurer Chairman England called the meeting to order at 10:00 am. 1. Approve minutes of board meeting held May S, 2019 (action item) Mansfield motioned to approve the minutes from May 8, 2019. All voted to approve. 2. Acceptance of FY2019 Financial Report (action item) Rich Morgan presented the financial report. Morgan stated the cover letter explains no difficulties or disagreements with management. No significant findings. Clean report, everything is in order. Motion to accept the audit report made my Mansfield, England seconded. All voted in favor. 3. Review History and Purpose of CIAWCA and NWSI project Director Burch presented the item and shared the history of the organization. Since there are some individuals who are new to the process he wanted to take the opportunity to discuss it. Ajoint task force was assembled in 2004 that was comprised of all three political entities, City of Chubbuck, City of Pocatello and Bannock County as well as the Health Department, DEQ and the realtors association. At that time the objectives of the task force were 1- protection of the groundwater accomplished by 2 - reduction of septic tanks in the County) and 3- an increase in sewer capacity for the City of Chubbuck. Outcomes from the task force were the completion of a Joint Powers Agreement between the three entities which was followed by ordinances passed by all three. Burch noted a couple of key items in the JPA: first it created a regional wastewater authority to serve north Bannock County. It also established a Board, rules, and management of operations and assigned the debt to the City of Chubbuck. It also established fees for service and defined the facility area for which the NWSI authority would act. Phase 1 construction has the ability to grow approximately 6,700 dwelling units which is 2,300 acres of potential growth at a density of 2.9 units per acre. The project was an $18.5 million dollar project. Current debt is about $850,000 per year. When the project was originally planned it was assumed that the debt would be paid by connection fees to the system which would require 167 connections per year to pay. Just after it was completed the economy struggled and they came nowhere close to that amount of connections. So to pay the debt the $850,000 payment has been placed upon City of Chubbuck residents in their monthly utility bill. It started higher but they have paid it down so it is now $10.45 a month. Of the $18.5 million loan, there is about $13.5 million outstanding. The goal is to increase connections. The Council and Mayor have a desire to remove that financial obligation from residents if possible. To do so will require some planned growth in Chubbuck and Bannock County. Ordinances and resolutions adopted by all three entities included adoption of the Joint Powers Agreement and the Sewer Connection fee. Today, there is a need to discuss the ordinances that adopted the sewer connection regulations. There are a few critical points. The city acts as the administrator and has appointed Burch as the administrator on their behalf so he has an obligation to interpret and enforce regulations. • First item in the ordinance is it identifies if extensions are funded by owners or persons required to connect, so really is the responsibility of the developers. • Next if there is a new facility (residence) being built within 300ft of sewer, it is required to connect. • If there are two lots within 600 feet they must connect. • If three or more lots, regardless of distance from trunk lines, must connect. Blad asked if the 300ft/600ft condition is from the facility or from the property line. Burch confirmed it is from the property line. Burch continued that there are three criteria for waivers • If septic system was permitted by the Health Department prior to ordinance, not subject to criteria • If county had approved final plat prior to ordinances not subject to criteria. Both are historic conditions and don't exist anymore. + Third is administration could grant waiver if deemed to be physically or financially unfeasible for the connection to occur. Failure to comply defined as misdemeanor. Commissioner Tovey asked if there was a definition of "physically or financially unfeasible". Burch stated it is somewhat subject to interpretation. Physically is a technical issue; is it even possible for sewer lines and the grade required to reach the parcels being considered? Financially is also somewhat subjective. Development would argue a financial burden born by them is unfeasible. As a Board and Administrator we try and take the stance that a negative financial impact of developer should be weighed against the retention of ground water and the first two main goals of the impact authority. Tovey asked if there was a formula or set criteria to help define those items. Burch stated there was not. Chairman England stated they ought to look into that and see if those need to be better defined. England added it was originally left nebulous on purpose but it may not be a bad idea to put a formula to that to help make those decisions. 4. Review Development Application — Shadow Brook Development Burch stated they sent a memo with information from CIAWCA, City of Chubbuck and the County regarding the development. There have been ongoing discussions with the County and the applicant for two parcels; Bentel and Wallin subdivisions. Bentel is located just north of Bonnie Jean subdivision south of Tyhee road and east of Rio Vista. There is an existing sewer lift station so the ability to connect is there, adjacent to Philbin Road. The developer has asked to pursue residential development on the parcel in two phases, and a total of 31 lots. The applicant has been through the approval process for the preliminary plat on two different occasions with the County, and is now close to expiration. The developer has had detailed conversations with City of Chubbuck and NWSI project. They have designed a sewer system that does work to facilitate providing sewer to subdivision. Burch stated the City has received those construction plans and have reviewed them with the developer. Burch stated he understands that the desire to connect to sewer changes their density and are able to build more lots. Jaglowski stated there are two criteria in ordinance for residential/suburban district; if development is within zone and within the area of city impact, if able to connect to municipal sewer or if able to produce an individual septic system that is able to discharge the quality of wastewater that is equal to that of a treatment plant then can reduce density down to one dwelling unit per acre. Burch continued on stating the developer has provided that ability to construct a sewer system so it is deemed physically possible. The City has worked with them to secure easements and discharge into system. It really comes down to if it's financially infeasible. No clear cut decision. The Board will be challenged with a weighing decision with increased density of developer provides him a better financial product but comes with the cost of connecting to sewer. Tovey asked how long the sewer line is. Burch stated he estimates it is about 1500f feet. Jaglowski confirmed. Burch clarified that is for offsite sewer and there is more inside the subdivision. Discussions with applicant have acknowledged offsite costs there. Some benefit to County and residents that if they have a septic system fail they could connect and potentially recover some costs from adjoining land owners. Burch presented the second application for Wallin subdivision. The applicant has just been through the planning process with the County. Development is on the north side of Tyhee Road in the same vicinity. Same criteria applied. Same decision issued. Documents provided in packet include the opinion of the City of Chubbuck /Burch as Administrator for NWSI as well as correspondence between County and City staff and Mr. Stinger. Packet also includes a letter from developer requesting waiver, Burch clarified they are not seeking a decision today, just providing information to decision makers and answering questions. Will then invite applicant back in a couple weeks and allow him to make his formal request and the Board can then act. No further discussion. 5. Set future meeting date for Shadow Brook Development appeal hearing (action item) England stated they are suggesting the meeting to happen in the next couple of weeks; between now and the 14th of May. Tovey suggested they probably need to push it off further than that. They have to follow open meeting laws and need to post to public and take comment. Tovey suggested holding the meeting once everyone can go back to a normal operational standpoint and can have public comment in an appeal hearing. Attorney Holmes stated he believes the Board can conduct the meeting in the same format they are doing now. The meeting has been published with Zoom connection ability and the City has been conducting public hearings in that same manor. Might be preferable to wait to do in person but the developer will not want to be delayed they need to process through and move forward. Holmes recommendation is to set a time in the next couple of weeks. Tovey expressed concerns with zoom issues and unless it's a dire decision should postpone until Governor's 4t" phase in June, when they could hold something without any issues. Tovey stated he doesn't want there to be a hiccup or be accused of not letting others voice opinions. Burch stated they can default to the County stance since it is there applicant. England and Blad concurred and also expressed public hearing concerns and challenges via zoom. England added it would be to the detriment to the applicant to have the meeting challenged. England stated this is shown as an action item but they will put action off and look at schedules and when meeting could be posted. England added in the middle of May they can have a meeting with no more than 10 people so could determine who all needs to attend and go from there. Board will await Governor's instructions. NEXT MEETING: July 30, 2020 ADJOURN 10:40am A� 6d -J Chairman Kevin Engla Chubbuck Mayor J e rs Cit Clerk