Council tables Dunn Construction concrete-crushing appeal after neighbors split; hearing held on surplus land at 825 South 900 West
September 23, 2025, 7:00 p.m. · American Fork City Hall, 31 N. Church St.
The council heard Dunn Construction's appeal of a business license denial for concrete crushing in the Lakeland Industrial Park area at 1700 South; neighbor Steven Phelon supported the business while Catalyst Business Park owner Mike Roderick said it is a heavy use that does not belong. After lengthy debate over whether the I-1 zone allows it and the lack of a site plan, the council tabled the appeal. It also held a hearing, with no comments, on declaring city property at about 825 South 900 West surplus, adopted fiscal 2025 budget amendments, approved a Yoppify water usage portal, and tabled a pet limit ordinance.
From the approved minutes.
Decisions at a glance
| Item | Result |
|---|---|
| Public hearing: declaring real property at about 825 South 900 West surplus | No action |
| Minutes and ratification of payments Aug. 6-19, 2025, and purchases over $50,000 | Approved · 5-0 |
| FY2025 budget amendments | Approved · 5-0 |
| Yoppify web portal for irrigation and culinary water usage | Approved · 5-0 |
| Animal ordinance (Chapter 6.04) pet limits | Tabled · 5-0 |
| Dunn Construction business license appeal (concrete crushing) | Tabled · 5-0 |
| Closed session on pending litigation | Approved · 5-0 |
Agenda, item by item
Item PH 1 · Other
Public hearing: declaring real property at about 825 South 900 West surplus
No action
No public comments. The minutes do not record a separate action on this property at this meeting or describe its size, buyer or purpose.
Item Consent · Budget
Minutes and ratification of payments Aug. 6-19, 2025, and purchases over $50,000
Approved · 5-0
Routine consent items.
Item 1 · Budget
FY2025 budget amendments
Approved · 5-0
Sales tax came in higher than expected; park utilities rose from $60,000 to $153,000 because departments are now charged for city water; part-time wages rose about $75,000; COVID-era SRFLF funds were earmarked (Resolution 2025-09-22R).
Item 2 · Contract
Yoppify web portal for irrigation and culinary water usage
Approved · 5-0
Agreement with Yoppify for a no-login dashboard showing pressurized irrigation and culinary usage and proposed rates; four bids were received but the others could not show rate comparisons. Amount not stated in minutes.
- ContractAmount not given to Yoppify
- Vendor: Yoppify
- Four bids received
Item 3 · City code
Animal ordinance (Chapter 6.04) pet limits
Tabled · 5-0
Members debated limits on dogs and cats per home, grandfathering and enforcement against hoarding; tabled.
Item 4 · Development
Dunn Construction business license appeal (concrete crushing)
Tabled · 5-0
Legal counsel Heather Schriever explained the quasi-judicial standard. Attorney David Lambert (who disclosed connections to Councilmember Carroll and Councilmember Taylor's son), with Mike Dunn, Paul Washburn and Leslie Slaugh, argued concrete crushing is permitted 'processing of materials' in the I-1 zone, citing an RMEC environmental study and the 2023 Roderick v. American Fork City ruling (Fourth District Court, dismissed April 20, 2023) that upheld a ready-mix plant there; Dunn removed 240,000-250,000 tons of concrete from the Geneva Steel site. Staff said the use was not established before the 2019 annexation and no site plan covers it. Members debated the lack of measurable noise and dust standards; tabled.
- Appellant counsel: David Lambert
- Related case: Roderick v. American Fork City et al. (American Eagle Ready Mix, Phelon Lakeland, MMD Property Management)
Item 5 · Other
Closed session on pending litigation
Approved · 5-0
Closed session 9:39-10:32 p.m.
What residents said
Heavy industrial use (concrete crushing) near business park
Steven Phelon, a neighbor of Dunn Construction, supported the concrete recycling business, saying it has operated five years without complaints, limits traffic to 10 mph and uses water trucks. Mike Roderick, owner of the Catalyst Business Park with seven buildings just north of Dunn's site, said concrete crushing is a heavy use that does not belong in a light industrial zone and asked the city to apply the same rules it applied to him.