South Weber City Council Meeting Minutes Feb. 10(TPD0902024)

Mayor Petersen excused Councilmember Thomas from tonight’s meeting.

APPROVAL OF THE AGENDA: Councilmember Poll moved to approve tonight’s agenda as written. Councilmember Poff seconded the motion. Councilmembers Peterson, Poff, Poll, and Woodbury voted yes. The motion carried.

DECLARATION OF CONFLICT OF INTEREST: The council reported no conflict of interest.

CONSENT AGENDA:

• APPROVAL OF  20 JANUARY 2009 WORK MEETING MINUTES
• APPROVAL OF  27 JANUARY 2009 COUNCIL MEETING MINUTES
• APPROVAL OF  3 FEBRUARY 2009 WORK MEETING MINUTES
• WARRANT REGISTER

Councilmember Peterson moved to approve the items on the Consent Agenda as amended in the work meeting. Councilmember Poff seconded the motion. Councilmembers Peterson, Poff, Poll, and Woodbury voted yes. The motion carried.RESOLUTION 09-06: RESOLUTION ADOPTING THE NATURAL HAZARD PRE- DISASTER MITIGATION PLAN AS REQUIRED BY THE FEDERAL DISASTER MITIGATION AND COST REDUCTION ACT OF 2000: Matt Dixon, City Manager, stated This plan was developed by the Wasatch Front Regional Council and the Utah Division of Homeland Security. The cost of response to and recovery from potential disasters can be substantially reduced when attention is turned to mitigating their impacts and effects before they occur or re-occur. The purpose of the Plan is to identify threats to the community, create mitigation strategies, develop long-term mitigation planning goals, and fulfill federal, state and local hazard mitigation planning obligations. Adoption of this plan is necessary for eligibility for funding from the Pre-Disaster Mitigation Competitive Grant Program and FEMA Disaster Relief funding. These programs assist with actual mitigation of hazards, such as floods, mudslides, wildland fire, etc.

Councilmember Peterson moved to approve Resolution 09-06. Councilmember Poff seconded the motion. Erika called for the vote. Councilmembers Peterson, Poff, Poll, and Woodbury voted yes. The motion carried.

COUNCIL ITEMS:

Councilmember Poll:

Alternative Energy:Councilmember Poll met with city officials from Spanish Fork to discuss benefits and challenges concerning the windmills at the mouth of Spanish Fork Canyon. The city also provides internet, cable television services, etc. He said it was very interesting and impressive. He also had the opportunity to tour the area. He is looking at the possibility of getting grant money for a feasibility study for South Weber City. Randy Anderson, of Staker/Parson Companies, said they have been working with Wasatch Winds concerning the windmills in Spanish Fork. Peggy Bon said she drives through Spanish Fork Canyon every ten days or so and she has noticed the last few times the windmills haven’t been moving.

Councilmember Poff:

Youth Council Leadership Conference:The Youth Council will be attending a leadership conference. One of the requirements is to attend court, planning commission and three city council meetings before they go.

Senior Luncheon: The Senior Luncheon will be this Friday, February 13^th at 1:00 p.m. at the Family Activity Center.

Leadership Retreat:The Youth Council will be holding a leadership retreat on March 5th from 7:30 p.m. to 8:30 p.m. Councilmember Poff invited the council to attend and discuss anything they would like.

Councilmember Woodbury:

City Web-site:The city has received multiple hits on the website. This has been a great way to communicate with residents, i.e. for Eagle Scout projects. The council has also received questions as a result of the website.

Councilmember Peterson:

Information Fair: The Information Fair will be sponsored by Hill Air Force Base on February 26^th at the Civic Center.

CITY MANAGER ITEMS:

Recreation Director:There were 60 very well qualified applicants for the position. The position should be filled within the next couple of weeks.

Councilmember Poff moved to take a five minute recess. Councilmember Peterson seconded. Councilmembers Peterson, Poff, Poll, and Woodbury voted yes. The motion carried.

REVIEW OF STAKER PARSON CONDITIONAL USE & DEVELOPMENT AGREEMENT: Mayor Peterson welcomed the representatives from Staker/Parson Companies. He said he feels strongly that Staker Parsons and the city need to have a beneficial partnership. He stated the city sent Staker Parsons a letter, and they are here to respond to the letter. Mayor Petersen is looking forward to coming up with a plan of action to remedy the situation.

Those in attendance then reviewed the recorded KSL news broadcast from 2008 concerning the dust and sand from the gravel pits as well as residents complaints. The footage identified sand in front of the storage units, front porches that are covered with sand on a daily basis, and sand in lawns. One resident complained of sand in the air filter of his vehicle.

Randy Anderson, of Staker/Parson Companies, discussed the amortization/phasing plan. He feels they are in compliance with the agreement as far as the amortization/phasing. He stated the mining of the good gravel from phase 1 went a lot quicker than they thought it would. Randy explained that phase 1 consisted of the mining of the old South Weber Drive that went through the pit, which is done. He said, per the agreement, sand will continue to be mined from the bottom of phase 1 through every phase of the plan. Randy said the specific time lines are all based on estimates of how much gravel they are moving and the economy. He said they are not really behind on the plan. Mayor Petersen said he interprets that the ranges specified in the agreement were given in order to give leeway. Randy said the only fixed plan is the 20 years covered in the agreement. He said they may want to come in for an extension after that time.

Dak Maxfield, of Staker/Parson Companies, read from Exhibit F, page 4, paragraph 1 of the agreement. He said the schedules for the three different phases were each based on 600 tons of washed material per year. As markets change, production numbers will change.

Connie Cruz, 2000 E. 7700 S., asked what the time frame is on the agreement. Matt replied it is a 22 year agreement; it will end in 2025.

Councilmember Thomas arrived at 7:02 p.m.

Councilmember Poll questioned if reclamation is going on. Randy when the sand is mined out and over 5 acres are finished, reclamation starts. He said phase 1 slope is finished and there is soil and some growth on it. Randy stated that some areas have been covered, but he wouldn’t call it “reclamation.” He said they have tried different products, including spraying on a substance referred to as “gorilla snot” on some slopes. Permanent reclamation will be done on the perimeter slopes when they are finished.

Councilmember Thomas explained that the agreement states that Staker Parsons can continue to mine sand; however, those areas identified on the map were to be reclaimed by December of 2008. Councilmember Thomas said the exhibit requires reclamation of the floor of the pit between years 4 and 5, and that isn’t taking place. He referred to the shaded areas on the map that are the finished floor. Randy said that area is not finished because they are not that far with mining of the sand. He said the agreement specifies when 5 acres is cleaned out then they have to restore behind them. Randy said that they are not at the depth they could go with the sand, but they may choose not to go deeper and just start reclaiming behind them.

Councilmember Thomas reiterated that those areas are supposed to be reclaimed, including the floor. The agreement says they can’t have more than 5 acres exposed at a time. The exhibit says they will reclaim the pit floor at years 4 and 5. Councilmember Thomas indicated that Randy in saying this is not happening. Randy said that a mining plan is a “best estimate” of what will be done, and the agreement states that and that it will change. Councilmember Thomas said he realizes output and the market may change, but the reason it was put into ranges of time was to take that into consideration.

Councilmember Thomas said from the city’s perspective they need to reclaim as they go. He voiced his concern that the city won’t see any reclamation until the end of phase 2 and the agreement comes to an end. He explained that the bond in place will not be enough to cover reclamation if the city has to go in and do it. Randy agreed that it is prudent for Staker Parsons to reclaim as they go along, and that is how it will be done. He said they have never had to go in and reclaim a whole pit once it is done. He said they are barely at the point where they are saying what will be the floor.

Discussion took place regarding the outside material (asphalt, concrete) that is being brought in. Councilmember Poll feels strongly that this needs to be addressed. He doesn’t think the city ever anticipated other sources coming into the pit. He said this is a mining operation and questions whether they are allowed to bring in outside material, which he considers to be garbage. Randy stated a crusher comes in periodically to recycle the material into road base.  Councilmember Poll is concerned about dust issues that may arise from the stockpiling and crushing of this material. Randy said it is a natural fit for gravel pits to recycle, and Staker Parsons is proud that they recycle more asphalt than any other company in the U.S. He said the asphalt is very valuable. Mayor Petersen said this item is not addressed in the agreement; Randy agreed but indicated they have always done this. He added that in general they don’t get a lot of dust resulting from the pile. Randy said this matter can be looked at and discussed out it can be addressed in the agreement.

Discussion took place regarding open space. Randy said there are three or four acres in phase 1 that could be considered “finished floor” that is all mined out. Councilmember Thomas asked Randy his estimate for reclaiming the floor. Randy said there is not more than five acres of finished floor exposed, and once there is they can reclaim a portion of the floor. Randy said we need to look at how many acres are exposed. Councilmember Poff said it is a concern that they are continuing operation without reclaiming anything, which allows for more and more acres exposed. Councilmember Thomas is concerned that there is the possibility of ten acres in all being exposed. Randy said he would be happy to go look at that, and they may not need the full five acres exposed.

Matt asked if phase 2 started in the southwest corner because that is what sparked this whole process. Randy said they started in the wrong spot and then came back around.

Councilmember Thomas asked when the reclamation will take place on the north pit. Randy said if more than four acres is exposed, they will start this summer to reclaim it. He will get a survey of the area done. Councilmember Thomas stated it would certainly give the city more of a comfort level if we saw some reclamation.

Matt asked if there is any gravel being mined out of phase 1. Randy said they are mining sand. Randy said they don’t make road base out of the natural mining from the pit. Randy then reviewed the 2008 aerial and identified the Pioneer pipeline in the pit. Mayor Petersen asked why there isn’t a berm there.

Val Petersen, 2172 E. 8100 S., asked about the northwest side having a berm. Randy said he met with the council and city manager, at the time, and did a trade off because Parsons paid to move the power lines. Randy said it was decided not to install the berm because no one can see it anyway. Councilmember Thomas reminded Randy that the berm requirement is in the agreement.

Mayor Petersen said Parsons hasn’t reported to the city since 2006. Randy said they come when they are asked to. Mayor Petersen feels they should take responsibility for reporting to the city regardless.

Pam Jones, 1988 E. 7700 S., said it is a communication problem between the city and Parsons because she has been in contact with Randy on an ongoing basis. She explained that her husband has contacted Randy on several occasions concerning the dust problem they are having at their home and the problems it has created on her daughter’s vehicle. She feels if Parsons is finished with phase 1, then they need to reclaim it.

Felix Cruz, 2000 E. 7700 S., said not all the dust is coming from Parsons. He said someone needs to address the issue with Geneva as well. He is concerned that the council isn’t interpreting the agreement as Parson interprets it.

Councilmember Poff explained that a letter was sent to Parsons stating what ways they were not in compliance. Councilmember Thomas said we want to enforce the agreement that we have because it is explicit.

Val Petersen said there is an agreement in place and he feels Parsons is accountable for that agreement.

Councilmember Thomas discussed the Olympic parking lot and the amount of dirt on it. He said the parking lot is now broken apart with dirt. Randy explained that the dirt is piles of silt that does not blow. Councilmember Thomas referred to the agreement concerning how the parking lot needs to be maintained. Randy said there isn’t much dust coming off of the parking lot. Randy agreed to take a look at it.

Gary Girres, 2540 E. 7800 S., asked what the state allows for opacity. Dak said 20%. Mr. Girres asked if the council can change that. Mayor Petersen said it is state law. Randy said they purchased a larger water wagon and sometimes you can’t control all the dust.

Councilmember Poll said he watched as well as video taped the large amount of dust blowing in June of last year. He noticed trucks moving everywhere, but nothing being done to control the dust. He feels to be a good neighbor, doesn’t mean operating under those circumstances. Councilmember Poll doesn’t feel Parsons is really trying until they are forced to.

Councilmember Thomas stated mature vegetation will block some of the dust, but we know there seems to be a problem with that. He asked if they have thought about a drip irrigation system. Randy said that Parsons has spent approximately $160,000 on irrigation. He said they also replace plants that die. Councilmember Thomas said if it was working, then you wouldn’t have to replace the plants. Councilmember Poll suggested installing a wind fence for the plants. Randy said the berm wasn’t intended to block the dust.

Pat Clark, Environmental Manager of Staker Parson Companies, explained what took place in June 2008 and said the equipment was moving to cap areas with clay.

Randy said Parsons hasn’t had many problems with the city for years. He feels they have gotten along fairly well with the city. He said they are willing to work with the city.

Jule Fausto, 2068 View Drive, suggested making sure their concrete production isn’t exceeded. Randy said it is not being exceeded. She said Parsons exceeded the level two years ago. She said they received a warning from the state.

Duane Westbroek, 7633 S. 1900 E., feels the dust has been a problem for the last two or three years. He said his grass is above the sidewalk now because of the dust that settles in it.

Terry Mumford, Manager of Cambridge Crossing, said they have sand on a daily basis. She spoke with Jake Parsons two years ago and he assured her that blankets would be ordered. She asked about the status of the blankets. Randy said those areas have been capped.

Matt addressed the letter sent to Parsons last October 2008 concerning the commercial property. Matt said one of the parcels that is in the development agreement is owned by Savage Company. Councilmember Thomas said the city was under the impression that Parsons controlled that parcel. Dak discussed the meeting that took place with Savage and Maverik about the property. Councilmember Thomas feels the issue is that the berm wasn’t designed to go right up to the commercial. Randy said they would be willing to look at that. Councilmember Thomas suggested Randy get together with Matt and Maverik and whoever else is interested in that property. Matt asked about the status of getting information from the Boyer Company. Dak said he contacted Boyer and was told because it was a closed deal the file was thrown out.