Council overturns Planning Commission, approves American Eagle Ready Mix concrete plant 4-1; adopts FY2021 budget and $29.5 million water bond parameters
June 30, 2020, 7:00 p.m. · Held electronically (COVID-19 emergency); budget hearing at City Hall, 31 N. Church St.
On appeal, the council overturned the Planning Commission's denial of the American Eagle Ready Mix concrete batch plant near 1700 South 500 East, approving its site plan 4-1 with added conditions (8-foot wall, evergreen trees, covered conveyors, full paving within six months); Rob Shelton voted no. Neighbor Roderick Enterprises, building a Class A office project to the north, had argued the plant was far larger than represented to air quality regulators. The council also adopted the fiscal 2021 budget, the fee schedule, a Coronavirus Relief Fund agreement with Utah County, parameters for up to $29.5 million in water revenue and refunding bonds, and terminated UTOPIA's right-of-way access agreement.
From the approved minutes.
Decisions at a glance
Agenda, item by item
Item Hearing · Budget
Public hearings: FY2021 budget and surplus 1998 ambulance
No action
No public comments on either hearing.
Item CC · Subdivision
Consent agenda: improvement guarantee releases
Approved · 5-0
Approved prior minutes and releases of improvement guarantees: $962.25 durability retainer for Bromley Meadows Plat C (85 W. Timpview Dr.); $33,198 construction guarantee and notice of acceptance for Kesler Subdivision (435 E. 200 North); $42,610.40 durability retainer for Mitchell Farms Plat A (780 W. 700 North).
- Payment$962 to Bromley Meadows Plat C developer
- Payment$33,198 to Kesler Subdivision developer
- Payment$42,610 to Mitchell Farms Plat A developer
Item 1 · Budget
Ratify payments June 2-23 and purchases over $25,000
Approved · 5-0
Ratified city payments and purchase requests over $25,000.
Item 2 · Development
Appeal: American Eagle Ready Mix site plan, about 1700 S. 500 East
Approved with conditions · 4-1
American Eagle Ready Mix (attorney Wade Budge) appealed the Planning Commission's denial of its concrete batch plant in the I-1 Industrial zone. Dan McDonald, attorney for Roderick Enterprises (Mike Roderick), building a Class A office project to the north, said the company built without a permit until red-tagged, bought an Erie Strayer plant able to produce 200-366 cubic yards an hour while telling the state Division of Air Quality it would run at no more than 30 yards an hour to avoid a permit, and that dust, noise, vibration and runoff into Utah Lake would violate code. Budge said the use is allowed in the zone, similar to the Alta View plant 500 feet away, and regulated by the state. Legal counsel Cherylyn Egner said the council reviews the matter anew. The council approved the site plan with conditions: covered conveyors, a designated truck wash, cattle grates at the three accesses, an 8-foot fence, 10 additional 12-15 foot evergreens (two for every aspen), full paving within six months, pre-washed aggregate only, best available control technology, sweeper and water trucks, retention pond and storm drainage that prevent discharge to the aquifer and lake, and buildings consistent with materials given the council. Shelton said the plan failed code on visual impact and enclosure.
- Applicant: American Eagle Ready Mix (AERM); attorney Wade Budge
- Opponent: Roderick Enterprises; attorney Dan McDonald
- Site below the 1700 South Utah Lake defend/no-defend line
Item 3 · Budget
FY2021 budget adopted
Approved · 5-0
Resolution 2020-06-13R adopted a conservative budget for the year starting July 1, 2020, assuming a 14% drop in sales tax; Bunker expected amendments, for example restoring pavement management cuts if revenue recovers. A $2.9 million request was cut by $865,000 to $2.09 million (general fund-supported). Staff added $50,000 toward a five-year infrastructure plan, a Shelton priority; Shelton also asked for smart water metering.
- Budget$50,000
Item 4 · Taxes and fees
2020-21 general fee schedule
Approved · 5-0
Resolution 2020-06-14R adopted the fee schedule, dropping the $10-per-employee business license fee and moving absentee landlord fees under business licensing. Garbage fees rose under the hauler's contracted increase schedule.
Item 5 · Other
Class B beer license for Burgers and Barley
Approved · 5-0
Approved for EATT Holdings, LLC, a new business.
Item 6 · Contract
Amended reimbursement agreement with Red Pine Construction
Approved · 5-0
Amended a developer reimbursement agreement after geotechnical reports found the road softer than expected, requiring extra measures, plus quantity adjustments. Amount not stated in the minutes.
- Change orderAmount not given to Red Pine Construction
Item 7 · Contract
Connector's (pioneering) agreement for Ardero
Approved · 5-0
Standard agreement letting the Ardero developer recover part of its infrastructure costs from later developments that benefit.
Item 8 · Roads and utilities
Agreement with Pleasant Grove for 50 South water line
Approved · 5-0
American Fork's contractor will replace a Pleasant Grove water line that runs into American Fork on 50 South (by the old gas station), with Pleasant Grove paying all design and construction costs.
- PaymentAmount not given to Pleasant Grove City
Item 9a · Subdivision
Lakeshore Landing Plats A-J final plats
Approved with conditions · 5-0
Approved final plats in the transit-oriented development area; neighbors had raised infrastructure and density concerns at the Planning Commission.
Item 9b · Subdivision
Mitchell Farms Plat C final plat
Approved with conditions · 5-0
Approved in the R-1-12,000 zone.
Item 9c · Subdivision
Peak Meadows Plat A final plat
Approved with conditions · 5-0
Approved in the R-1-9,000 zone.
Item 10 · Roads and utilities
UDOT access control plan for 100 East (SR-74)
Approved · 5-0
Agreement with UDOT and Highland setting intersection and signal spacing along SR-74, like an earlier 500 East agreement.
Item 11 · City code
Water, pressurized irrigation and sewer connection code (Section 17.5.131)
Approved · 5-0
Ordinance 2020-06-32 made cleanup changes, including separate meters for commercial and residential uses in mixed-use TOD buildings.
Item 12 · Other
Surplus 1998 E350 ambulance
Approved · 5-0
Resolution 2020-06-15R.
Item 13 · Contract
Janitorial contract renewal with Absolute Janitorial Services
Approved · 5-0
Renewed for three years after a one-year trial, with "each year" language added. Amount not stated in the minutes.
- ContractAmount not given to Absolute Janitorial Services
Item 14 · City code
Water rights conveyance (Section 17.1.400)
Approved · 5-0
Ordinance 2020-06-33 corrected math errors from the prior year.
Item 15 · Budget
Coronavirus Relief Fund interlocal agreement with Utah County
Approved · 5-0
Resolution 2020-06-16R. Utah County received $111 million in federal CARES Act money and agreed with mayors to distribute it by population; American Fork's share was about $2.3 million (per June 16 discussion). Unspent money must be returned by Nov. 1, 2020; about $500,000 had been spent so far.
- Grant$2.30 million to Utah County
Item 16 · Budget
Parameters resolution for up to $29.5 million water revenue and refunding bonds
Approved · 5-0
Super parameters Resolution 2020-06-17R allows up to $29.5 million, under 31 years and at most 5%, delegating final terms to the mayor, mayor pro tem or administrator. Advisors Preston Kirk and bond counsel Randy Larsen said the city would first seek a state loan (state board meeting Aug. 6) but could go to the market without returning to the council. About $527,000 remained on the 2012 bond. Bunker said the water lines from 700 North to south of the freeway and the TOD are needed to lift the south-side building moratorium.
- Bond$29.5 million
Item 17 · Contract
Terminate UTOPIA right-of-way access agreement
Approved · 5-0
Ended the ready-access agreement governing UTOPIA fiber permits in city right-of-way, with 90 days' notice.
What residents said
Concrete batch plant dust, noise and truck trafficPollution of Utah Lake and the aquiferVisual impact of industrial use
No one spoke at the public hearings on the FY2021 budget or surplusing a 1998 ambulance. Joel Kester wrote opposing the American Eagle Ready Mix appeal, saying he planned a KOA campground just west of the site and heavy truck noise and pollution would hurt it.