Benjamin Gravel Pit

Two weeks ago the Utah County Commissioners were considering a zoning change because of the Benjamin gravel pit run by the Kilgore Company. Last week I went to a meeting of the South Utah County Community Voice.  

I found the original Board of Commission meeting minutes from 20 January 2015 when all three Commissioners approved the transfer of open pit mining from Altaview Concrete Mining Operation to Kilgore Contracting, LLC. 

BOARD OF COUNTY COMMISSIONERS, UTAH COUNTY, UTAH

MINUTES OF PUBLIC MEETING COMMISSION CHAMBERS, ROOM 1400

OF THE UTAH COUNTY ADMINISTRATION BUILDING

January 20, 2015 - 9:00 A.M.

PRESENT: COMMISSIONER LARRY A. ELLERTSON, CHAIR

COMMISSIONER WILLIAM C. LEE, VICE-CHAIR

COMMISSIONER GREG GRAVES

Page 6

The commissioners chose to address Consent Agenda Item Nos. 2 and 3 simultaneously as they are directly related. (PULLED FROM CONSENT)

2. APPROVE AND AUTHORIZE THE COMMISSION CHAIR TO SIGN THE “COMPLIANCE AGREEMENT AND BOND FOR OPEN PIT MINING OPERATIONS” AGREEMENT FOR AN EXISTING MINING OPERATION WITH KILGORE CONTRACTING, LLC WITH A SITE LOCATION OF APPROXIMATELY 1395 N 9435 W (LONG RIDGE RD), WEST OF THE PELICAN POINT AREA OF LAKE MOUNTAIN OF UNINCORPORATED UTAH COUNTY; SURETY BOND NO. 327016240 IN AMOUNT OF $45,033.82 WITH LIBERTY MUTUAL INSURANCE COMPANY, 175 BERKELEY ST., BOSTON, MA 02116 AGREEMENT NO. 2015-55 (PULLED FROM CONSENT)

3. APPROVE THE RELEASE OF THE COMPLIANCE AGREEMENT AND BOND FOR OPEN PIT MINING OPERATIONS, AGREEMENT NO. 2008-3, BOND IN THE AMOUNT OF $19,686, AND AUTHORIZE THE COMMISSION CHAIR TO SIGN THE RELEASE LETTER FOR ALTAVIEW CONCRETE MINING OPERATION WITH A SITE LOCATION OF APPROXIMATELY 1395 N 9435 W (LONG RIDGE RD), WEST OF THE PELICAN POINT AREA OF LAKE MOUNTAIN OF UNINCORPORATED UTAH COUNTY; A NEW AGREEMENT AND BOND ARE IN PLACE AGREEMENT NO. 2015-56

Peggy Kelsey of the Utah County Community Development Office confirmed for Commissioner Ellertson that both Consent Agenda Item Nos. 2 and 3 are for the same pit that has been in operation for approximately seven years; the outgoing owner is being replaced.

Commissioner Lee made the motion to approve the Compliance Agreement and Bond for Open Pit Mining Operations for an existing mining operation with Kilgore Contracting, LLC, and to approve the release of the Compliance Agreement and Bond for Open Pit Mining Operations (Agreement No. 2008-3) Bond in the amount of $19, 686 for Altaview Concrete Mining Operation as detailed in Consent Agenda Item Nos. 2 and 3, respectively. The motion was seconded by Commissioner Graves and carried with the following vote:

AYE: Larry A. Ellertson

William C. Lee

Greg Graves

NAY: None

I also searched the minutes of the Utah County Planning Commission in 2014, 2015, 2016, and 2017 to see if there is any mention of Kilgore Contracting, LLC, but no luck. There was only a mention of Kilgore in 2013 and 2014 at the County Commissioners meeting minutes because the county contracted with Kilgore to pave some roads in various unincorporated areas. 

The open pit agreement occurred in January 2015 and by June 2015 there was already press about the way Kilgore conducted business or some will say it didn’t take long for Kilgore to become a bad neighbor with the residents. The Daily Herald wrote about it here, here, here, here, here, here, here, and here. 

When I was listening to the residents speak about the Kilgore trucks driving on the roads during school bus pick up and drop off at the Commissioner meeting, I was surprised the trucks were even on the roads during this time. Hopefully peace will come soon between all parties.

Utah County Commissioner Meeting

The Commissioners again discussed the Benjamin Gravel Pits at this week's meeting. It was numbers 6, 7, 8, and 9 on the Regular Agenda.

Numbers 6/7 were sent to the Utah County Planning Commission with suggestions. Commissioner Graves asked you to email them what you would like the Commission to suggest, so here are their email addresses: WILLIAML@UTAHCOUNTY.GOV, GREGG@UTAHCOUNTY.GOV, NATHANI@UTAHCOUNTY.GOV.

Number 8 was denied. It was a change in zoning from Mining and Grazing to Critical Environment. In light of the suggestions of Number 6 changing the zoning to Grazing only this wasn't a surprise. Number 9 was continued for 2 weeks.

Regular Agenda
6. TAKE ACTION TO REFER TO THE UTAH COUNTY PLANNING COMMISSION A PROPOSED UTAH COUNTY LAND USE ORDINANCE TEXT AMENDMENT FOR THEIR RECOMMENDATION TO ADOPT SECTION 5-18, GRAZING (G-1) ZONE  - Bryce Armstrong, Community Development -

7. TAKE ACTION TO REFER TO THE UTAH COUNTY PLANNING COMMISSION A PROPOSED AMENDMENT TO THE UTAH COUNTY ZONE MAP FROM THE MINING AND GRAZING (M&G-1) ZONE TO A PROPOSED GRAZING (G-1) ZONE FOR PROPERTY LOCATED IN SECTIONS 10, 11, 14, 15, 16, 20, 21, 22, 23, 26, 27, 28, 29, 32, 33, 34 AND 35, T8S R1E, AND IN SECTIONS 2, 3, 4, 5, 8, 9, 10, 11, 14, 15, 16, 22 AND 23, T9S R1E, APPROXIMATELY 10,500 ACRES, WEST MOUNTAIN AREA OF UTAH COUNTY - Bryce Armstrong, Community Development -

8. ADOPT (OR DENY) AN ORDINANCE TO AMEND THE UTAH COUNTY GENERAL PLAN LAND USE MAP FROM AGRICULTURAL/WATERSHED TO RESIDENTIAL, AND TO AMEND THE OFFICIAL UTAH COUNTY ZONE MAP FROM THE MINING AND GRAZING (M&G-1) ZONE TO THE CRITICAL ENVIRONMENT (CE-2) ZONE FOR PROPERTY LOCATED IN SECTIONS 10, 11, 15, 16, 22, 27, 28, 32, 33, AND 34, T8S R1E, AND SECTIONS 3, 4, 5, 8, 9, 10, 14, 15, 16, 22, AND 23, T9S R1E, WEST MOUNTAIN AREA OF UTAH COUNTY  - Bryce Armstrong, Community Development -

9. ADOPT (OR DENY) AN ORDINANCE TO AMEND SECTIONS 2-2 AND 3-25 OF THE UTAH COUNTY LAND USE ORDINANCE TO ADD REQUIREMENTS FOR EARTH EXTRACTION OPERATIONS RELATED TO AIR AND WATER QUALITY, REQUIRED LANDSCAPING, HOURS OF OPERATION, NOISE, AND OTHER RELATED IMPACTS - Bryce Armstrong, Community Development -

Commission Meeting Video on YouTube (it's long!)

Seek learning, by going to LOTS of meetings

When I was working on my Master's degree, I had a required class on how to do a thesis. The professor suggested that we watch another student's thesis proposal to prepare for our proposal. I watched a Recreation Management student's proposal on storytelling in Native American tribes. It was actually useful even though our topics were not close, my thesis was on a neck injury in female ballroom dancers. 

I have been attending multiple meetings to help me prepare for my campaign and the job of county commissioner. I usually find the meetings schedule on the open meetings website hosted by the State of Utah. Today I attended a meeting at the county health department about a builder disputing a decision about wastewater on his property. 

So here is a list of meetings I have gone to recently:
Utah County Commissioner 
Domestic violence 
Goshen Valley Local District Board (I drove because it was in Elberta)
Utah Valley Chamber of Commerce Business Education
Pleasant Grove Mayor
Mountain Association of Government MPO Technical Advisory Committee
(Plus I did most of these meetings by using public transit or walking)

One thing I have learned is government compared to athletic training takes more time to accomplish something. For a true example, when I was the AT for the Radio City Rockettes, Santa sprained his ankle. I had to run (yes I ran!) backstage to take his boot off, tape it, and get him back on stage to sing his next song in 5 minutes. However, the Utah Valley Convention Center parking issue started in 2009 and has still not been resolved. 

In 2009, Provo City, Provo Redevelopment Agency, and Utah County entered into a interlocal agreement that Provo would provide the convention center with 350 parking spots. “Provide, at their expense, all parking spaces, parking facilities, parking lots, parking structures, and related real property, easements and appurtenances, as required to both meet Provo City’s requirements and to adequately serve Phase One of the Convention Center ... at such locations and in such a manner as approved by Utah County.” Construction started in 2010 and the convention center opened in 2012. I spoke to Danny Wheeler, general manager of the Utah Valley Convention Center, he told me that bookings for 2018 are down from previous years and the reason underground parking was not considered is because of the limestone. 

FYI, on 20 January 2010, the County issued $40.15 million in Tourism, Recreation, Cultural and Convention tax revenue bonds to finance the convention center with a 3.89% interest rate. The county issued three types of bonds; tax-exempt bonds, Build America Bonds and recovery zone bonds, and will be paid back in 30 years (2039), with the total principal plus interest for Utah County at $69.75 million.

A lawsuit was filed 31 May 2017 by the county against the city for not providing the promised 350 parking spots. The County wants Provo City to pay for the costs it would take to acquire property and building a parking structure. The county estimates a cost of $4 million.

A letter from former Provo Redevelopment Director Paul Glauser in 2010 acknowledged the contractual obligation to provide 350 parking spaces. There was supposed to be a new parking garage on the block immediately north of the convention center, but that block is now the site for the new Fourth District Court building that is under construction.

From 2010 to 2016 there doesn't seem to be any record or press about the county requesting the city to provide the parking. Mayor John Curtis told the Daily Herald, past Commissioners wanted a hotel, but recently the Commissioners have demanded parking. Priorities can change according to which elected officials are in office at the time decisions are made.

Utah County Commission Chairman Bill Lee stated "We've been talking about this forever," except only since 2016 has there been letters and in-person discussions between the city and county about the parking issue.


What have the city and county done to make progress?

þ Provo city hired Matt Taylor as the new city parking administrator. (I need to disclose that Matt is my neighbor.) The city is working on a surface parking lot at the old RC Willey location. The city identified over 300 parking spots around the convention center that patrons can use for now. With construction of the Hyatt hotel and BRT, when they are finished, this could alleviate the need for some parking. Rob Fetzer, chief operating officer of PEG Development has plans for a parking structure that would provide approximately 600 parking spaces initially, and could expand up to 1,200 to 1,500 parking spots, but those spaces would be paid parking and owned by PEG Development. 

þ Utah county filed a lawsuit that included declaring eminent domain on the RC Wiley block. The county is demanding, not just earmarked parking, but the city to build then turn over the parking ownership to the county and wants it in writing.

The hope and ideally, citizens expect government entities to work together not just on parking, but on all issues that need cooperation between cities and counties for the good of the people. 

I got my information from the Deseret News here and here and the Daily Herald here, here, here, here, here, here, and here.