South Weber City Council Work Meeting & Special Meeting October 2011 (TPD1110030)

VISITORS: Louenda Downs, John Petroff, Randy Hilton, Dak Maxfield, Ron & Karen Anderson, Jan Ukena, Nancy Hilton, Randy Hilton, Rob Osborne, Cheryl Strong, Leslie Waters, Scott Casas, Rob Tesch.

OPEN FORUM

DAVIS COUNTY COMMISSION – OPEN PUBLIC FORUM & DISCUSSION WITH CITY

COUNCIL: Commissioners Louenda Downs and John Petroff

No public posed questions nor addressed the County Commissioners.

The City Council discussed the following with the County Commissioners:

Aquifer Recharge: Councilmember Poff discussed the city’s desire to work with Weber Basin on a project for a recharge of the aquifer (in the South Weber gravel pits). Commissioner Petroff stated he was under the impression that Weber Basin Water has had a project going. Councilmember Poff replied that Weber Basin has a test site north of the Staker & Parsons pit. Councilmember Poff referred this matter to Councilmember Poll.

Councilmember Poll stated there has been discussion that at some point we would like to have the mayors from Farmington to North Ogden sign a resolution stating support for the concept. Commissioner Petroff said he is very interested in getting behind and involved with this concept. He said this is a great idea, especially in high water years when we can take advantage of it. Councilmember Poll said the city needs to have discussion with Staker and Parson “beginning with the end in mind,” and do what we can along the way, such as getting Staker and Parson to buy off on the idea, in order to use the pit in the future as an aquifer recharge and recreation area. His opinion is it would make South Weber a destination area. Councilmember Poll added that the gravel pits provide for the community, but he feels the dust issues are getting worse and spreading.

Commissioner Downs asked about how it is proposed to fill up the pit as a reservoir, and if it would compromise Hwy 89 in that there are pits on both sides. Councilmember Poll said Weber Basin would rather have it in the Geneva pit because it percolates faster and would be purer, however the west pit is more of a nuisance for residents. He said he proposes using the west pit to settle and filter then divert to the west pit, adding his opinion is it will not compromise the highway. Commissioner Downs asked what the lifespan of Staker and Parsons is.

Councilmember Poff responded it should be seven or eight more years. He said we need to get more people involved in discussion to add more resources, in that the city doesn’t have resources to pay for engineering, and if the Federal Government assists it would be good to have everyone involved (County and other cities).

Commissioner Petroff is said this is a great idea and it only makes sense that (the county) get behind something like that. He added that we have to look the whole valley and you accomplish things is to work together.

Firearms: Commissioner Petroff stated he had a resident call regarding people deer hunting (high-powered rifle was heard) on the unincorporated hillside between South Weber and Layton. He said last year the county passed ordinance about no shooting on county property, but this ordinance had to be rescinded because Utah statues provides no authority as a county to pass legislation governing firearms. He said the county’s lawyers are continuing to address this. He added that it doesn’t make a lot of sense to prohibit in all counties, however it makes sense in Davis county due to the distance those weapons would carry.

Sheriff’s Department: Mayor Monroe we want to let you know how much we appreciate the county sheriff’s department, stating Deputy Tallon comes in and makes quarterly reports, and the Council was also visited by sheriff. Councilmember Woodbury commented that there is also a desk and computer set up here at the City Office in order to have a community presence.

Commissioner Petroff said the large department has a lot going on with jail, courts and patrol. He said paramedic response is key to the service they offer. He added that a lot of cities want to have their own paramedics, and although the more paramedics the better, a good paramedic is actually one who is practiced by doing the service over and over, if flood market won’t be as practiced. Commissioner Petroff stated the sheriff’s dept. does not do as much traffic work as they do saving lives, and with the jail. He said the County is looking at enhancing the department with funding into the crime lab, which will be available to all of the agencies.

Mayor Monroe reported to the Commissioners that the City and other individuals will be have a discussion with the county public works department on the issue that led to the 2006 landslide that occurred when someone was undermining the area at the top of the hill. He stated we need to continue to look at the hillside and to ensure there is no undermining. He expressed appreciation to the county public works for helping.

Rodger Worthen reported that Commissioner Petroff arranged a tour for the city managers of the animal shelter and a presentation of the animal control services that are offered. Commissioner Petroff said the county had looked at the possibility of taking off limit the on the number of dogs allowed per household, with the thought that with some people several animals is fine because they want to take care of them; however, this idea was “kind of put that away.” He said cities often use a zoning control ordinance for controlling kennels. The county is still considering allowing a third dog if it is a rescue dog from a shelter. Commissioner Petroff said the county euthanized over 3,000 animals last year, and they want to solve that problem if possible. They are also considering licensing cats, requiring them to be implanted with microchips so they can be returned to their owners. He said cats are kept for five days; 85% of them end up being euthanized. The county now has a veterinarian on staff that neuters and chips the animals that are assessed and considered to be a good family so they are prepared for adoption. The goal is to increase adoptions and decrease animal procreation and the number being euthanized.

Commissioner Petroff said the county has a disaster trailer that has been set aside to handle up to 70 animals in an emergency. He also mentioned a significant donation allowed the shelter to add a play yard to assist with keeping the animals calmer, and for introduction to animals to potential adoptive families. Rodger commented he was impressed on how the county handles animal control.

Councilmember Lusk discussed that several residents are against having fluoride in the water. Commissioner Downs said fluoridation came about by petition as a citizens’ initiative, and was and put on the ballot. It would be by the same means that the county would take the requirement out. Commissioner Petroff said it was a close vote. Information was received for anti-fluoride – and pro-fluoride groups. The county guidelines are below the Federal guidelines on what you can give to infants. Commissioner Downs said about 50% are for and 50% are against. Mayor Monroe recalls South Weber’s vote was about 80% against fluoridation.

Councilmember Poff asked for an update on the new county building. Commissioner Downs said the new complex will include a new Children’s Justice Center that will open in December. There will be an administration building with a library, which is estimated to open next fall.

Commissioner Downs added that this project has been done with no impact to the tax payer as they didn’t raise taxes. Commissioner Downs said after the new building is completed, they will begin work on the old county building. Commissioner Petroff reported the original front potion of the building was built in the 1890’s, and then there we two additions. They would like to restore at least the original potion.

Commissioner Petroff stated he feels Davis is the best county. Commissioner Downs added that the mayors in the county are great individuals.

The Commissioners left the meeting at 6:14 p.m.

WORK MEETING

DISCUSSION WITH STAKER & PARSON COMPANIES REGARDING SOUTH WEBER GRAVEL PIT & DEVELOPMENT AGREEMENT

Rodger stated Dak Maxfield of Staker & Parsons was invited for further discussion of the issues surrounding the pit, including concerns regarding airborne dust particles. Rodger had sent Dak an email listing the items he and Council would like addressed (email attached to these minutes for reference). The Council will also be posing questions regarding the development agreement.

Rodger reported the dust monitoring continues to come back within the acceptable parameters. He said staff will be more diligent in doing inspections, with will be random and on a frequent basis (potentially weekly).

Dak Maxfield addressed the Mayor, City Council and Staff. He said they welcome the inspections. He stated the City can also do independent air studies if it so chooses, as is reflected in the agreement. (NOTE: A copy of the Staker & Parsons/South Weber City Development Agreement as recorded at the Davis County Recorder’s office is on file at the City office.)

With regard to adherence to the maximum 5 acre as reflected in Section 4.5.4.1 of the development agreement, Dak said this seems to be a reoccurring topic, and he provided the map that was requested (showing the exposed areas – map on file). He said he wants to get to a point where they are all on same page in its interpretation, or agree to disagree. Dak stated this section refers to limitations on unreclaimed areas. Dak read the section aloud: “Limitation on Unrec1aimed Areas. In order to coordinate gravel pit phasing and amortization with concurrent reclamation efforts, Developer agrees to limit the exposed but unreclaimed final slopes at any one time to five (5) acres and the area of final but unreclaimed floor elevations at any one time to five (5) acres. As active work and gravel pit operations in any phase of the development are completed to finished slopes and floor elevation levels, Developer shall immediately begin reclamation efforts before moving on to another area of gravel pit operations, as more fully set forth according to the standards and schedules in Exhibit F and the other provisions of this Agreement.”

Dak said as he has explained in past meetings, the agreement clearly states the unreclaimed final slopes and pit walls. He said Staker & Parson interprets the “final slopes” are the pit walls/slopes around the pit exterior. He stated further that the “unreclaimed final floor elevations” are the agreed upon 180 feet, which they haven’t reached. He said at the furthest point they are at 170 feet. Dak added that they have been reclaiming on the north side. Dak said he welcomes any question or debate about this.

Councilmember Poff in order to do the gravel pit phasing, he doesn’t think this allows them to run all three phases at the same time and say they can go to the final depth. He said it says if you’re done with Phase 1, move on to Phase 2; if you’re done with Phase 2, move to Phase 3. He said the agreement helps prohibit the more than 5 unclaimed acres.

Dak responded that Councilmember Poff is talking about phasing. He asked to view Exhibit F. Mining Plan, and read aloud an excerpt from the exhibit: “In Phase I, the mining will start in the Old South Weber Drive working west to east, and also sand will be mined in the North Pit. After the Old South Weber Drive is mined, the mining will move to the Phase 2. It will start at the southwest end heading east across the back of the pit, sand will continue being mined in the North Pit.”

Dak said the way this is written it says they can’t mine each phase, not all of them, so once they are done with Phase 1, they can move to Phase 2, then they can move to Phase 3, but in the course of mining these phases they can mine sand from the north pit. Dak referred to the actual drawings from Exhibit F. He reiterated that while they are in Phase 2 they can still be mining sand out of the north pit. He stated that is what they are mining in that elevation, and it is not even close to what is depicted in map. Dak said if he is understanding what the Council is saying, the can only mine a small area.

Dak said the map shows them actively mining Phase 2 to Phase 3, while still mining the floor of the north pit. The map for Phase 2 shows two different mining areas, and just sand out of north pit, which is what they we are doing now. He said all that they are mining out of the north pit is sand because that is all that is there.

Councilmember Poll said he is frustrated. He said they can’t start Phase 2 until Phase 1 is complete. Dak said Phase 2 is mined out and they are stockpiling material from Phase 3 there. He said what they are seeing in Phase 2 is not waste but reject material from Phase 3.

Councilmember Poll said he has a problem with them moving “pile A to pile B” and just shuffling the material. He understands they are trying to find rock, and there is too much sand so they are piling sand, which is then blown by the wind and ends up at his house, in his driveway, and other residents houses. Councilmember Poll said he feels Staker Parson is structuring the terminology to fit their your needs. He asked where does (the agreement) say you can bring in asphalt and cement and build bigger piles than they started with. Councilmember Poll said his opinion is they operate this way so they can perpetuate the life of the gravel pit, and he thinks they don’t have any intention of closing the pit or turning it into a recreation area in our lifetime.

Councilmember Poll continued his argument, stating he see this as a “game” that the pit is playing with South Weber. He said they can’t put a finger on what they can do to make it better, they are just “putting a bandaid.” He said the problem is getting worse, and it is not coming from Geneva because Parsons is going further east and carrying the sand hundreds of yards.

Councilmember Poll stated the fences are not working. He said the pit should drape the edges with Astroturf or netting to contained the sand, or come up with some other remedy, and he reiterated the water and fences are not working. Councilmember Poll said the pit is not going to reclaim because they are moving piles. Councilmember Poll expressed that this is “driving me crazy,” and he feels the City needs something more than a token of this and that being done. He and his neighbors are frustrated, and even those on the west end of the city have sand on their porches and respiratory problems. Councilmember Poll wants better answers, planning and resolution. He asked, “What is the end in mind?” and “When is the end?” Councilmember Poll said we don’t agree on the interpretation of the agreement, and he feels we need more than what we are getting.

Councilmember Woodbury was excused from the meeting at this time (6:30 p.m)

Dak said regarding the concern about recycled material, this is addressed on Page 13 of the agreement.

Dak said he feels it would be best to take a step back, and look back on the days when this was drafted, and try not to look at the glass as half empty. He stated the agreement is “a blessing and a curse.” He stated is it a blessing to city because Staker Parson was bold enough to put a commitment in writing to go above and beyond the requirements of the state. He feels the things they have done are not just a bandaid and they are complying with controls in agreement. Dak said they have several sprinklers but they don’t have water pressure, so they are going to install a booster pump to facilitate more sprinklers. They are committed to finding out what problem is and trying to change it. Dak said people say the fences aren’t working, but they haven’t been down there to see that they are working. He has talked to residents who say “it’s a joke.” Councilmember Poll interjected that they are not working well enough. Dak said they do what they can. He added that he gets dust at his home in Clinton on a windy day, but he chooses not to live next to a gravel pit because he knows there are issues.

Dak inferred that when the gravel pit started there were a lot less people living here, but people like the view here and now there are people living within a few hundred yards of the pit. He said Staker Parson didn’t try to stop subdivisions and people chose to live there. He said what Staker Parson is doing is trying to make the residents lives as good as possible. Councilmember Poll stated his family’s property is there, and they have the right to develop their property, but they won’t ever be able to do anything with their property. Dak stated where they are mining was the Polls’ property, but they paid for it.

Dak said Staker Parson is trying to help and they are taking a lot of shots as a company. He said it is hard to sit here and have people slander and the company and to have someone throw out in letter that they are going to use all methods, traditional or nontraditional, to shut them down..

Dak expressed his concern for himself and his family because of this. Councilmember Poll that is not what he meant in his letter. He said his father sold the property because he couldn’t farm any longer, because wind was blowing sand and ruining his farm so he had no choice. Councilmember Poll said the last portion sold was when Parsons wanted South Weber Drive, and “we were willing to do anything”, and the city had the opportunity to do it right. Councilmember Poll said they gave away the farm, and now it’s going to ruin what farm is left.

Councilmember Poll said in his opinion the gravel pit has the laws protecting it, as well as the Division of Air Quality. He said nothing can be done if the wind gets over 25mph, and at the mouth of a canyon you get that a lot. He reiterated that the gravel pit is protected, so we have to do something, traditional or not. Councilmember Poll mentioned the example that Al Capone was convicted on tax evasion. He said he is pursuing if the pit can be sued because their material is trespassing on other people’s property. Councilmember Poll said people forget about it for a while, then each June it gets dry and it starts over again, and it will continue to get worse. He said it is upsetting to see damage to your property on a daily basis.

Dak apologized for getting personal and referencing the letter, but reiterated it is hard to get slandered and take personal shots. He said Staker Parson does more than any company in the state, and he can document that. He said they are always looking at ways to improve, adding this is not to be taken lightly and that they are trying looking for source. Dak said he personally met with most of the residents that attended the September 27 meeting. He again informed the Council they are trying to find the source, putting all the precautions in place to control it as well as possible. He referenced the map he provided, stating areas where the piles are have been reclaimed, or have been covered with “gorilla snot” or pond fines with clay. He said they are not the source of problem.

Councilmember Poff said one source is the operation has doubled in size, so there is twice as much dust. Dak agreed, stating the pit covers a lot more area. He said (the old) South Weber Drive that was taken out acted as a barrier.

In response the question of how much area of unreclaimed slopes, they have 2.7 in the wall of Phase 3. The are currently mining phase 3 and north pit total 4.1 acres. They have reclaimed all of Phase 2 with stockpiles, as they are growing vegetation, and have magnesium chloride put there. He said where we are mining now is the area being disturbed.  . He said it is no wonder the residents on View Drive are affected as they are overlooking the area they are mining. Dak said they will be done with Phase 3 soon, then there will only be floor mining, and they will put all the controls in place.

Councilmember Poff said the whole mine is exposed, including the piles. Dak again stated they are growing vegetation or have had recent application of pond fines or gorilla snot. He said when they get into a stockpile, a truck will take a few loads and then they reapply mag chloride or grow vegetation.

Dak said the last page of the map given shows the final slope that they will be reclaiming. He agrees they have to do better at watering that, which is why they are putting booster pumps in.

Councilmember Poff asked if in Dak’s opinion they can have all that area exposed. Dak said they don’t feel they are exposed. Councilmember Poff feels they have a lot more exposed area than they should and we need to address this. He said he can see dust coming from pit at his house (on 475 East).

Councilmember Poll interjected an apology, stating he has no intention of hurting anyone, but it is upsetting when your own property is being damaged.

Councilmember Thomas told Dak he covered most of the issues in Rodger’s email. He asked if, outside of what they are doing now, can they get their engineers get together to come up with something they can present to the council to do something more to help with this problem. He said the development agreement says is the mechanisms in place don’t work in alleviating the blowing dust they will come up with something else. Councilmember Thomas recognizes that they came up with the fence, but asked is there something else that can be done to cover the exposed area and alleviate the problem. Dak said they can do this, but they must first identify the source of the problem. He said meeting with the residents has been helpful. They have identified a white powdery substance, which would be coming from concrete. He doesn’t know if this is the problem and they are trying to get to the bottom of that. Dak explained they have to have an area to stock pile to process a lot of material for large projects. If they find this is the problem and limiting the stockpile area is a possiblity, they would have to determine if that would be feasible.

Councilmember Poll said he continues his hope that this will become a lake, and he could hang on if we knew a true end was in site. He said it would be nice to have a true partnership with a true goal in mind, and a way to get there faster. Dak said he wishes he could give him an answer, but all is dependent on the economy and building.

Councilmember Thomas explained that there are water problems that exist with the Salt Lake moving in toward aquifer. He said there is a great need for a permanent recharge site. He said although we have an amortization schedule, we don’t know when the drop dead date for mining operations is. Councilmember Thomas said the question is “What is pit going to be?” He proposed thinking about the possibility of negotiating allowing them to mine the rest of the commercial area if they finish off the berm and entryway corner and at the end of Phase 3 donate the pit for purposes of that lake. Dak said he can’t answer for Staker Parson, and although this would be a value for all of us, they would like to continue mining. He said it depend on economics and it is hard to say what is going to happen in 13 years.

Councilmember Poff again discussed his concerns with them continuing to mine sand throughout the pit.

Mayor Monroe requested that Dak come back when Staker Parson has other remedy that may help with the dust issue. Councilmember Poff said we also need to decide on the berm, which Mayor Monroe said can be discussed later, but they have met the berm requirements.

Councilmember Poff said it is supposed to go to the fisherman’s access, to which Dak answered that it does go to the fisherman’s access. Dak said the berm was done within the three-year required time frame and the Council has signed off on, so as far as they are concerned they met the agreement and are done with that requirement. Councilmember Poff disagreed. Dak added that they are willing to entertain consideration of something else.

Dak presented an accounting of royalties to Rodger as requested, and stressed that this document is confidential and privileged. He said there have been adjustments over the years. He said there was an error in 2006 so the next check will be higher than what is historically received. Another issue is that the royalties should be based on what’s extracted, and they have been paying on what goes out the door, so that will have an impact on future payments. Dak stated the agreement says this is supposed to be put in a restricted bank account and that they will be able to see where the money has been used. He asked for evidence of that as soon as possible.

Councilmember Thomas moved to convene to the Special Meeting at 7:31 p.m. Councilmember Poll seconded. Councilmember Lusk, Poll and Thomas voted yes. Councilmember Poff voted no.

SPECIAL MEETING

The Special Meeting commenced at 7:31 p.m.

Erika Ahlstrom

From:     Rodger Worthen

Sent:      Monday, October 03, 2011 12:26 PM

To:         Maxfield, Dak (Staker & Parson) (dak.maxfield@stakerparson.com)

Cc:         Jeff Monroe; Farrell Poll; Scott Woodbury; Sara Lusk; Michael Poff ; David Thomas; Erika Ahlstrom; Mark Larsen; Emily Thomas

Subject: Gravel Pit Concerns

Dear Dak‐

Thank you for attending the City council meeting last week. I appreciate your help and efforts by Staker‐ Parsons to address the gravel pit issues identified during the council discussion. As you can see, the dust accumulation is an issue that council members and city staff take seriously, I know that Staker Parsons does as well. I have listed below several points or issues that came through the discussion on Tuesday. As such, please plan to attend the City Council’s October work session meeting on the 18th. The Meeting will begin at 5:30pm; you will not need to attend until about 6:30, this will provide the council necessary time to entertain other people and items on their agenda.

Discussed on Tuesday September 27th:

−                        Continued and increased inspections of the gravel pit area and operations

−                    Adherence to the maximum 5 acre mining area, discussion of development agreement section 4.5.4.1

−                        Audit of staker parson logs to ascertain correct payment of mine fees

−                        Discussion of mining completion of Phase #2 of pit operations prior to mining within phase #3

−                    Increased use of water application to control airborne dust travel, new wind fencing, areas of excavation, etc.

−                    Submittal of photos from resident showing accumulated dust particles around doors and windows on the interior of the home

−                    Potential to complete landscape entrance area on northwest corner of frontage road and South Weber Dr.

−                        Contact the Utah Division of Air Quality for additional oversight

−                    Letter from City “sun‐setting” gravel pit concerns and items thus eliminating recurrence of discussion(s) from future City staff or leaders

Dak, I know there was more discussed in the meeting than what I have listed above, suffice it to say the wind borne sand particles seem to have increased during last month. The council and I would like to have discussions with you on what additional efforts could be undertaken to control the sand being blown down wind upon City residents. Additional gravel pit operations or procedures for controlling the airborne dust should be documented accordingly. We look forward to meeting with you on October 18th, just so you know, the meeting has other scheduled items early on, hence, if you are here around 6:30pm that would be fine.

Regards,

Rodger Worthen

South Weber City Manager 801‐479‐3177