City Council - Regular Meeting

Okay, it's 5:30. We'll go ahead and call the meeting to order.

If I No, I don't. I can hit nails with that. I Thanks for uh for being here tonight, everybody. Um we uh we'll start. Um I'm on the docket for the opening prayer and then uh Terry Marsh will will lead us in the pledge. Our father in heaven, we come before you this evening. We're grateful for the opportunity that we have to meet together um tonight. We're we're thankful for the city that we live in, for the good people who u make everything work. um for the the citizens and the the engagement that they have with each other and and look for opportunities to to serve and and give back to those around them. We thankful for the city staff and the the dedication and hard work um that they put into making the city function and grateful for those that are volunteer their time and um to to serve in elected officials as well. We pray, Father, tonight that we can have thy spirit with us, that we can have wisdom in the way that we um process and make decisions. We pray that our hearts and minds will be open to listen and try to understand uh different perspectives. um pray that we can always help each other to feel um cared about and um important in the the process that we engage in in in government. We love thee father and we pray for these things and do so in the name of Jesus Christ. Amen.

Repeat after me. I pledge algiance to the flag of the United States of America and to the republic for which it stands. One nation under God, indivisible, with liberty and justice for all. Um, so I um based on some conversations here uh before the meeting um I would like to suggest or maybe I can just do this within my own authority, but we do have some people here that would like to talk um to one of the agenda items that weren't aware of the meeting last week um in relationship to the the conditional use permit for for Suncor. Um, so I would like to give them that opportunity to do so. Um, if there's no objection to that modification on the agenda,

would you like it done in coordination with the agenda item number? Yeah, that's my thought. Just right before that agenda item, we'll just give them the opportunity to to speak would be my thought. So make a motion. Oh, sorry. Well, we need we have one other thing. Do we need to go ahead and um Councilman Schmidt was telling me and because of one of the bills, do we need to go ahead and not have it on the consent agenda? Do you want to pull the bills off and do that as an action item because he'll be recusing himself on this week's bill? There's only three of us though, so we're good. Is he being paid? Yes. Uh he should just recuse himself from

But if we're doing consent, so just recuse himself from all the consent or just move move it to the action. That's what I was. Yeah. So, Mayor, I would move that we approve the agenda with your uh change and also with the change of taking item two off the consent and moving that to our action agenda. Okay. Have a motion. And a second. Okay. All All in favor? I. I. Any opposed? Okay. Great.

So, we'll move number two down here. Okay. Then uh our first item um American Legion. Scotty Harbell. We're going here. We go. Scotty Harbell, post a sergeant-at-arms with American Legion. Post 74, Cedar City, Utah. Good afternoon, mayor, city council, and staff. Um, I'm here before you to announce the American Legion Family Day event to be held on Saturday, April 25th at the city's Main Street Park from 12:00 to 4:00. This event is being presented by the members of the City Post 74 and auxiliary unit 74 of the American Legion. We invite the entire community for a day of fun and food to learn about the American Legion family and its accomplishments in its programs. The American Legion is the nation's oldest, largest, and the most influential service organization in the country. Our mission is to enhance the well-being of Americans veterans, families, and our community by our devotion to mutual helpfulness. And the Be the One program that we're presenting is going is our mission to reduce the rate of veteran suicide to destigmatize the need for ask for help. Brian Campbell, our commander of Squadron 112 of the American Legions, Sons of American Legions Writers, Chapter 112, will be speaking on the Be the One program. But RMIR, he's was going to speak at our event, but he's unable to do it because he has prior commitments up north. And I was going to ask Scott, but I guess he's hiding out in Portugal. So maybe you guys,

he'll be back. He'll be back. I tell you what, why don't we you guys vote to vote him to be the guy to speak? And then he then he can join say I know he doesn't have he doesn't have at least the same commitment that mayor Nelson and I have that same day but he might have other commitments.

Well I also want to thank Scott and the mayor and the council and the city staff especially Brandon Burke of the and his event staff along with parks recreation and leisure services for their assistance and the city police department and fire departments for their participation. We're still seeking vendors and volunteers and sponsors, especially the citizens of Cedar City, to come and create a familyfriendly event to support our local veterans and families. And I thank you, Mr. Mayor, the city council and staff for all the time and assistance that you do for our veterans here in town and to help us with this event. And I have if you have any questions, I'm available. Thank you. Thank you. Thank you, Mayor Scotty.

Thank you. Okay, I will entertain a motion on the consent agenda. Uh, mayor, I would uh move that we approve the consent agenda as outlined with that modification that we made earlier. Second. Have a motion and a second. All in favor? I. Any opposed? Thank you. Okay. So, then we will jump to uh the ratifying of bills dated March 27th, 2026. Mayor, I move that we ratify the bills dated March 27th, 2026. I have a motion and a second. All in favor? I I

and opposed or abstain. Thank you. Okay. Next one is to consider an ordinance vacating a public utility easement at approximately 165 South,600 West. Thank you, mayor. Nothing's changed from last week when we discussed the vacation of this easement. Does anybody have any questions? No. Mayor, I would move that we adopt the ordinance vacating the public utility easement at approximately 165 South 1600 West. I have a motion and a second. Second. All in favor? No, it's an ordinance. So you got Oh, that's right. You got a roll call. I

I gracias. Thank you. Okay. Item number six to consider a resolution approving the municipal water planning program, wastewater planning program. So on this one, we're really just accepting it as proposed pretty much. Jeff's here. If you have questions for him about the program, he can answer those. But the the procedure is you would adopt that program and we'd just pass a resolution and then then he submits it to the state. Just one of those check boxes we get to do. Yeah. With that, I would make a motion that we adopt the resolution approving the municipal wastewater planning program as outlined. Second. I have a motion and a second. All in favor?

I uh roll call. Still roll call as well. All of these are going to be huh? Yes, sir. Yeah. Okay. I I I They have the system down, don't they? We're keeping track for you this time. I know. I don't even have to ask who's next. They got the system down. There's only four only. Efficiency. That's what these guys are. Hey, mayor. I I need to excuse myself. We're going to item six. Yep. You bet. Okay. So, this will open up uh for the Lamro family I know is here to be able to speak. So, you want us to have our conversation first? You want them to go first? Let's go ahead and let let them express their concerns and then we can make sure we address them in our conversation.

My name is Janelle Adams. I live at 152 South Chapperel Drive in Cedar City. It sits right above my farm basically. Um I am here concerning my parents and family farm that's located 3747 west highway 56. It's right located directly across from Highway 56 from the proposed site of this conditional use permit for Suncor or well Suncore. Yeah, sorry. Um, my concern to me is that each spring we lamb out about a thousand head of head of use directly right across from this proposed site. My concern is the dust control. If my if our lambs are have some biological health risks due to inhalation of that, a simple Google search shows that that is an impact on animal health and livestock health. And my biggest concern is that this our farm was not informed of this plan that we could show up last week and give you our two cents. Um there was no discussion about the neighboring um properties of of the health risk that it could cause. Um, I only heard about this because as part of my job, I'm required to listen to the city council meetings every week.

Exciting. Oh, lucky. That sounds like a fun job. So, so she knows all of us better than we know ourselves.

I also can't hear you very well, so speak up. Um, but I watch them on YouTube um while I'm doing my work. Anyways, this came up and I was immediately alarmed for the health and safety of our livestock. this isn't our family's livelihood. Um, if not the the lambs on the ground in the spring, but also raising alalfa right there, that's contributing to the quality of feed for our sheep that they would ingest the anything like that. I can say that from discussions today, this just now that some of this has been addressed by Suncor and they're going to do a wet facility. I've ex I've I still just want to state my concern. Um, and one thing I do want to bring up is Cedar City often speaks about supporting livestock and our agricultural heritage, but nobody was worried about that last week when this was brought up. And it comes on the heels of our sheep trail being discussed and we're it's just a sensitive subject right now and we are frustrated. It's getting very hard to be a farmer in southern in Cedar City these days. Um, but that's all I have. So,

okay. Thank you. No, I um you know, I I did receive your email and and I think you bring up some very valid concerns and I appreciate you bringing them forward. One question I do have for our city staff. Do we have any kind of a notification policy on conditional uses within a certain distance or is that not something in our ordinance? In looking at our ordinance, the notification literally is just in the local newspaper. Okay. So, there's not like within 300 feet they have to get a letter like we do other things. The notice that they would have received in this case is when we were doing the general plan and zone change. Correct. Um, that's the only notice that I know of that have been required at this point. Um,

well, in this one, they probably wouldn't have because the pit is between the 300 feet. They're further than 300 feet away than the actual piece because the pit is, I'm sure, more than 300 feet. So, okay. I was just curious if we had a part of our ordinance. Nope. So, as far as the question though, I mean, um, you know, I mean, I I have similar concerns. Mine, I'll be honest, I didn't think of livestock probably as much as I should, and as a livestock owner, I guess that's bad on me. I I live directly due north of this project, so I obviously think about most our wind comes from the south and goes north, and so I obviously worry about that. But I think the best thing at this point would just be to maybe turn that question over to Suncor and let them answer it and the best of their ability. I mean, they're it's their project and I think they have the answers for this. So,

yeah. Is there anybody that would like to speak to that that concern from a livestock perspective? Yeah. Uh again, I'm Ryan Nelson, uh uh area manager for concrete in southern Utah for Suncor. And like the Lam rolls, um come from a very sheep driven background or you know, we've had farms and and stuff and uh part of our family still does raise a lot of livestock. But uh the changes in this type of process help us to to contain much more of the ambient or the fugitive dust that comes from from making concrete. Whenever whenever concrete is introduced into a the system, there's always an area there that you can get a little bit of dust. We do have dust collectors and those sort of things which radically change and and help us control a lot of that. But this specific plant is designed to um because it's enclosed and uh most of the the dust itself is contained within the ex enclosure. Uh there is a point of contact where the dust could, you know, if you're going to have some uh small particulate, some cement and fly ash introduced into the barrel, which is generally just right outside of the of the uh uh containing building uh with water. And so it within 90 seconds it's it's u it's up to slump. is 4 in lump as opposed to mixing it for four or five minutes for the mix to to to be contained. The the aggregates because of their nature, we they're

pretty well wet. Even in the summertime, we will sprinkle the rock to try to help keep it cooler to help us avoid having to to uh uh like St. George and other areas where we have to have chillers to kill chill the water. We can pretty well regulate the temperature of the concrete just by keeping the the aggregate cool. So we do we will sprinkle the rock in the summertime, but the rocks and the sands um are washed and do have moisture. So we'd have very little wind dust from that process. Um I in in in understanding this the picture here uh we have very very very very little north wind blowing that would take any fugitive materials across 56. I

Robert's Robert sheep are on the mine are on the north south side. So so my house so you got you got people with concerns on both sides. Well, so but but speaking directly to this farm and it never it it does sometimes blow. You don't know which direction, right? So with with that in mind, if there is wind, how far does the if there's dust that gets out, how do you know how far it typically um goes before it will settle in the ground? I mean, is it it's probably a matter of feet or yards or um the particulates of of fly ash especially is a smoke, right? It's taken from a cold fire plant,

right? And so it's very very fine. Cement is much flatter and heavier and will settle much quicker.

Um but we use such little fly ash that it's not very often if you have problems if there is dust problems. Uh it's a lot of time caused by blowing powder into the plant. And so that's why we have on the top of the plant dust collection systems to help us uh bag houses to help us collect and and uh to keep that from coming out. Um if you go by some of our plants in the in the winter time, you'll see these giant plumes of dust. It's not dust. It's it's uh steam because we're heating water to to heat up that stuff. But there is some dust, but

Right. It's it's it would it would be much less than driving on a dusty on a dirt road there. Right. So, the lamros have a valid concern and I I looked on the internet when when she sent the email and and and truly it can have an impact on their respiratory system. Um, are you close to any other farms or uh stuff? Have you ever seen an issue with that? Um, has have you ever had this be an issue anywhere you have any other plants? Yeah,

Greg Flint uh with Clay Companies. So, we actually like on a lot of our properties have a batch plant and then we lease land to graze. And I was just kind of like quickly counting in my head of like 10 to 15 that I know are where we have a batch plant and then around it is material and and it uh yeah like 10 to 15 come to mind already where we do do that where we have a batch plant and then farmers or cattle or whatever that may be do use that land around there. That's probably more kind of experiential than than anything. So Okay. Well, thank you. Yeah. I just wondered if it had been a concern.

Yeah. I mean, my sheep aren't my livelihood, but about 30 plus kids are in my group that have show lambs that they get really attached to. So, um, just anyway, so I just wondered if it had ever been a concern or had there been any issues. No concerns have ever been raised that I'm aware of, but just want to make you aware that it does happen or we have it situations like that. Thank you. Okay. Any anybody else? Oh. Oh, we didn't give a full The best teacher ever is approaching the podium. She taught all my kids.

Hello, I'm Cindy Davidson and um I just came because the Lamarals asked me, but I live right across from the retention pond. And there was a lot of dust when they were digging that retention pond. and I called many times to say, "Can you send out a water truck?" And I know that I missed the last meeting and a lot of members from our community were here and I wasn't. So maybe you've already addressed these problems. I'm not so concerned about the dust as I'm concerned about the light and the noise because in the paper it said that there was a potential that you could run this 24 hours. And so that's and so I'm here and maybe you've already discussed this before, have you?

So Mr. Davidson, last week they talked about all that. The ambient Oh, sorry. That's what I'm worried about. And then I've read where you are going to put up trees, but then you're not going to put up as many. And so, but if you've already answered those questions, then I'm just dollar late. No. No. Just for your information though, the lights are going to point down. So they're not going to be they're not like speed lights that they're not going to be like speed lights. Um the ambient noise is actually less than is that is accepted on a on a roadway. So So the noise isn't going to be an an issue either. On on the map, the white square there is the um detention pond. Oh.

So where is the plant going to be? Because it says like 50some acres. It's right above it. Just north of that. Right there. Isn't it about in line with the water? It's on the other side of the road that comes in. No, it's on It's about in line with the water tank in your subdivision. Uh east to west. East to west. Okay. So, it's about it's it's about center of that property, isn't it? If I Yeah. Right where the cursor is. Okay. So, it's farther north. And then how many employees do you think are the employees won't affect us because they're going to come in? Yeah. coming the other way. Yeah.

And and part of our conditional use too is the trucks will also go out that way. And then there was something about a railroad spur. Are they trying to get that too? Yeah, there will be a railroad spur. And that's actually so the conditional use permit. We don't we haven't talked a ton about the railroad spur because the railroad spur is already allowed in that zoning. So it's not part of they're not having to ask for conditional use to be able to bring in the railroad spur. parts already allowed in industrial, right? But yeah, there from what we've seen, there will be a railroad spur that comes in there to help them. Yeah. Supply their material. When we first moved here in 79, the train came in like maybe once every three months. Now it's every day,

I guess. I mean, that again, we're not talking about the conditional use, but how often do you expect a train delivery? I honestly don't know because there'll be two Since the question was brought up, I think we probably should answer it. I don't honestly know um because because the company or sister company that will be doing this have the cement and the fly ash domes. Yep. They'll bring them in occasionally, but not that often. Way regularly. I mean, we're we're not going to use like once a week, once a month. I don't know how often or how much. I don't know how much a train car holds.

Oh, okay. I do know that that Sun Sun Pro will be unloading lumber right next to it just east of moving all their stuff there, aren't they? Yeah. So, they're they're going to have a lumber yard. They'll probably do more than which which will be somewhat of a barrier because they're going to be to the south, aren't they? Um or are they in north? Okay. I believe they're just to the east of where the plant will be. Okay. And maybe south. So, you don't get a windberry. Sorry, l you get a north wind. You put the lumber up as a windberry. Yeah. Just put up some trees. Just put up lots of trees. Thank you. Thank you.

So, Don, was there anything else that we needed? You've had time to officially I mean, last week you had we had just gotten or you had just barely received the which study was it? The second sound the sound sound. Thank you. So, where we at? Everything noise study.

Uh, I don't have a whole lot to add. Um, I just wanted to bring up uh one condition under neighborhood compatibility condition number one that indicates that the final grading plan shall demonstrate that the combination of the finished grades and the fence at that 8ft wall um will shield a typical truck. Well, those typical trucks are tend to 10 to 11 ft tall. So, I just want to be clear. I think the intent of that condition is that we're going to shield the headlights from the neighborhood. I just wanted to get that on the record. Otherwise, we're going to need a 12 foot wall if we want to block every truck you see out there. Just the headlights or the whole truck. We're looking be 3 or 4 feet above. That's what

that's we're looking to shield. So, it should shield them.

Uh just so Greg and I don't arm wrestle over this later. I just want to be clear. That's that's where we're headed. And then on the noise um so that condition says that they'll that the applicant will provide a noise impact study that will reduce noise associated with the batch plant to accepted industry level standards. I think what and I mentioned this to Greg earlier you know we have a 15dB increase in ambient noise. So that that will be noticeable. There's no doubt about it. Um, but this it also exceeds the noise level by 2 dB. Uh, I think that's in the L10. Do you have that up there, Kent? So, I just think from staff's point of view, uh, I think they've done a good job here. We just want this noise study to make a statement that this meets industry standards. It doesn't state that. It's given us the facts. That's what I'll be asking for if the CU is approved. And that's all I have to add.

So, did we get in any on the trees or have we already agreed on the trees? Did you go out and looked? There's a whole I actually went out and looked and there's trees more than I thought. Um along that uh

I didn't get a chance to do that. I I think at this stage you have all of the conditions suggested by staff. You have their rebuttal to those conditions and then you have our suggestions from there. So, I I really leave that to you. I I think you know where my stance is, but uh I think the conditions at this point are the key to the cup at this point, right? So I have one question and it might be more of a legal realm that the lamros al were also concerned about there being a crusher there. If they decided to bring a crusher in at some point, would they actually have to apply for another conditional use permit or can that be brought in and it's not part of a conditional use permit? I'm thinking if it's associated with then yes but

yes what yes no I think they would have to amend the cup if that component is an integral component of the batch plant right and that that's how I view it too anytime they're going to expand something that could impact any of these parts we have in the conditional use permit yeah they'd need to come back um and a crusher is absolutely one of those that I think would impact sound study would impact the dust side of stuff big that would absolutely need to come back Not that it would be a no, but you just have to come back and Okay. And and that's I think that's was one of the concerns is that it could be put there without another conditional use permit. And then one of the other concerns, sorry, one of one of the other concerns was

do we condition that it's always a wet plant so the dust is contained or is that is that part of the conditional use permit? You can add it. I don't think that was in the terminology we Yeah, we didn't use that term. I I might need a little education on what exactly that means. I mean, we certainly have a bunch of conditions in there uh related to dust uh and watering that site that we're asking for extra water during wind events, but I'm not

essentially the difference is and obviously correct me if I'm wrong, the difference is is in a wet plant, the concrete is all the all the things are mixed together and it's dumped into the truck already as wet cement. If you have a dry plant, you put all the dry ingredients into the truck, you add the water, and the truck is what mixes it to. I believe it's a wet plant, right? And I would emphasize that this isn't a request we made. This was their plan from the very beginning to save their trucks. Correct. And that's probably new technology, right? So the it's to their best interest to do it. I mean, there tell us if there's ever a chance it's going to switch to a dry plant.

We're planning on being a wet plant. And the reason being, I mean, you're putting that much money and investment into putting this state-of-the-art plant there. So, wet plant, I've not heard a single word about ever doing a dry plant there. We love this wet plant. It works really well for what we've described, for the reasons we've described. Does that Yeah. Yeah. No, thank you. That answer your question? Yes. Yes. If they do ever switch, just so you know, if they change anything that starts impacting the the air quality, that dust side of it, there are some kind of catchalls or the noise.

Yeah. Or the noise. the dust one is what you're talking about for this part of it. But yeah, um it allows it to come back and that's exactly how the enforcement usually comes in for conditional use permits is it if it gets to a level beyond what was promised here then that allows those impacted to come to the city and legally we can actually come back and look at the conditional use permit um and say do we continue to approve this when you're not meeting the requirements that were set in place. So they have a built-in incentive to keep meeting these requirements because if they don't there will be impacted neighbors who will come and have us look at it again.

So if the dust covers it then I don't think we need to say hey it has to be a wet plant because they already have the dust requirement. So I don't want to make it more complicated than it than it needs to be. But I just wanted to make sure that that was a consideration. So Ken if you'll scroll down just a little bit so we can see that bottom paragraph. I think to answer Mrs. is Mrs. Davidson. Is that right?

Your question. So if you look right here where it starts off, it says the project only noise level is 50 to 52 dB L90. So what that means is 90% of the time the decibb it puts off are 50 to 52 and then L10. So 10% of the time it's 58 to 60 dB. And so and then lower in that paragraph you'll see what the legal guidelines are, what the guidelines what they have to be. So, the only time they ever pass any of the guidelines, it looks like um at nighttime they're over by two dB. So, which is Yeah. So, is that

Yeah. One thing they did when they when they did their um um Yeah. Yeah. Okay. Oh, do you have something, Don? No. Okay. Just grabbing the right pen. Okay. So, let's dive into the meat of the discussion and what things we are comfortable or uncomfortable with in the conditional use. So, where did we end with the trees? You really want to get rid of those trees, don't you? I just want trees.

I love trees and I think they're important, but I also don't think we should put them all the way around the way it was originally suggested. I, you know, there's a balance. No, that was modified, Robert. I think we're talking about the triangle that you showed us the other day, which is that was the request by Suncor. Yes, rebuttal. So, that was the rebuttal. So, that's one of the items we got. It was not. So if we agree with that, yeah, if we agree with that change, right? That was what they asked for from what staff had originally asked put into it.

Well, and then the other question is, were the other trees that are already in the neighborhood factored in to what where you derived to to that? Because we we hadn't factored in the 8ft wall and we hadn't factored in the trees in the neighborhood. I I just don't want to ask something that is unreasonable when it's already mitigated in other ways. That that's all. It's I'm not anti-tree. I'm not Mr. fern goalie. Um what I I personally am okay if they're comfortable with that as their counter. Um then if they're comfortable then I'm fine. So yeah, it was their it was their it was their counter. So

yeah. No, I mean that that's our logic there is that we looked at the the tree line. I think I I didn't count I think it's 20 some odd trees right there. Okay. Um, and that was our logic and and even looked across the street to see where trees were, where they weren't, and and and took that all into consideration as we laid out that tree line right there along that triangle area right there. Okay. And thank you.

So, would it be advantageous, Randall, as we go through these that were um I mean, all of them that were agreed to, we don't need to probably talk about just except those are in there. It's those that were were a little conflict still. Should I should we just act on each one of those separately? So, we talk about trees first and say, "Council, are you okay with the counter from Suncor on the triangle of trees?" And they get that. It makes my life easier if you do that. Yes. We we'll base it all on a final motion so that I don't have six by the end. But whoever makes the final motion just saying I adopt all the things that we agree on motion. Can you pull up the the items again? Wasn't it the Yeah. Do we have Yeah, the written

I'm fine. If they're fine with that, I'm fine with that. I just I just don't want to have an unnecessary ask. Yeah. See if you can. So, let's uh Well, do you want to see the exact uh verbiage? Is that what you'd like to look at, Robert? What their counter was? Yeah, we had Yeah, this is it. We just need to get to the top of it. Well,

within your authority while they're doing that, just so you know, you can change things in here as long as it meets the requirements, right? You're you can change even things that are not redlined if you think that they either need to be changed to, you know, mitigate some harm you're seeing or you don't think what's in there is necessary. Obviously, the focus is more on the parts we disagree on, which is where the red lines are. Well, let's go to the red lines then. In my opinion, well, one just right one a number three right there. I'm assuming that's where your whole changing it from a wet plant to a dry plant would fall under a proposed use in my opinion. Randall, do do we need to have the verbiage wet plant somewhere in this or is that I mean to me that sounds

there's dust mitigation in I'm fine with it. I'm saying I think that answers your question is what I was saying. That's a catch all Yeah. You don't need to complicate three. Yeah. So yeah. Okay. Okay. So, first suggested edit he skip he just passed one there. Yeah. And staff was okay with that one. I don't know if I can live with that one. Okay. Go to the next one, please. Sorry.

Yep. I mean to to me I would I would say anything that that they countered that staff was okay with you just make a blanket that's fine unless you saw one that you disagreed with. Do you So staff are there any that you are still butdding heads over? Yeah the trees. So are we red and they're green? Who's which color? This is where I'm slightly confused.

Domaduro Engineering. Uh so the red and blue were comments from Suncor. The green is staff's comments. So like on item number one, no concerns. Uh okay. Item number two, uh item number two is probably redundant. That's required by city ordinance anyways. I think there was just some confusion. So they're good with that. We can move on then. I think uh three. Greg, if you want to jump jump in so we can Yeah. just be up next to each other. Three or four comments that maybe we start there. I mean, I've got three things that we to talk about basically other than like if staff's agreed with it or we're like we're good with it.

We I'm happy to I'm happy to just go to those three. Yeah, let's do that. Sounds good. One of them is the trees. You've already covered that or you talked about it. The other one is number 13 right there as you're as you're scrolling up. Um we've requested the 30 ft right there. This was an operational change that came later after I I told Don about it just because they wanted to put a stacker there. Um, so that's one request. The other one is is the neighborhood compatibility which is the trees and the trunk. Hang on. Can I jump in there real quick? Do you mind Greg? I'm sorry.

So 13. So our initial understanding was that the stock piles would be 12 to 15 feet. Uh, so now we know that they are 30. So that comment ties into the trees to a certain degree. Uh so their their rebuttal to our initial request was the whole west property line. We all know that they've got that triangle to hide the batch plant. If you go to the tree section, uh our thought was if we're going to have these big massive stock piles and we're not going to be out there with a tape measure seeing if they're 30 feet and 6 in is that maybe we take the tree line a little further to just kind of mitigate that that it

I guess the question is is do these piles fall within that triangle or do we need to make the triangle a little bit bigger to include the piles? Does that or does it matter if there's a pile of rock sticking above the fence line? I'm just I'm asking to what he said. It is outside the triangle. Okay. So, the piles are outside the triangle. Correct. Just a question. The 30 ft that you that you would desire is because you're going to be constantly at 30 feet or that's the max that

that would be a max and that would be on the occasions that they bring in a stacker. I would say the normal as I understand is probably that 12 to 15 feet. That's what I thought. I would say a majority of our sites have that. There are sites where we we do do it up to the 30 with a stacker, but um once again, it's in that same I mean that would that would mean that you're going to not recycle that material as often as because you're going to stack it that high or bring in more aggregate trucks. I mean, well, and another thought, if it was an industrial zone, buildings are taller than 30 ft in an industrial zone. Your house is taller than 30 feet if you have a twotory by the time you get to the peak of your roof. I mean, 30 feet's not that.

That's my thought person. There's lots of other things that would get you to 30 feet, tall trees. The reasoning for the stock piles is that we have material that we can use to run with. Yeah. Right. Right. So if we had a larger pore, a thousand yard pour one day, then that would take Oh, where's your calculator? No, it will take more.

I'm personally fine with 30 ft. I mean, again, if if we had building restrictions at 20 feet in that zone, which we don't, then I would it'd be But it's like we allow a building to be taller than that. What's wrong with a stockpile? and and and all it's for is just to stockpile material to use and so it's not like we're trying to, you know, build something to grow weeds on because we're going to be using it to Yeah, that's But now I guess just to again we're not going to go out there with a tape measure, but if the stack is 30 with the stacker, you're going to be more like 40 to 45 because the stacker actually sits above the pile because it has to drop on. Well, they know the height of the stacker when it drops it some. But your your problem with stacking is you don't want to separate your materials out. If you go too high, you're throwing rocks this way and fines this way, and now we have segregated material, which doesn't work for concrete.

Gotcha. And so, the easiest thing to do initially would be to to dump it out and just push it up with a with a loader. Oh. And and that way if we might get put a track on top of it to lift it up on there, make it a little bit taller so that we have a larger stockpile in the winter, we want to have a pretty large stockpile of sand simply because it freezes and if we can have it to where we can dig out of that and be in thawed material to pour concrete, we're we're golden.

The other thing I would note on this one, by the way, this is actually under the uh air quality portion. Not that that's necessarily limited that way. Um, we do have another catchall. I warn you guys of this more than the council. Um, again, if the stock piles or other unimproved areas, this is number 14, are determined to pose significant impacts related to dust at or beyond the property lines, then we bring it back. So, that's why we give that warning is some of this is fear. Will it do it? We don't know yet. So, if it becomes a problem and it's kicking out a lot of dust because you're not keeping your stuff wet or cleaned or whatever else, we as staff can actually require them to do more. And and I guess the height clean, we're out of business.

And I guess the height we're looking at aesthetics, but now that I think about it, especially when you talk about sand, the higher the pile, the more there is a chance the wind could pick it up and move it. But we discussed is actually requiring screens and everything else for those. And that would be an option if they if the wind starts proving them wrong. Okay. All right. So, where were the other two? Well, can we if if while we're doing it, let's just make these decisions as we go. So, I'm fine with I'm fine with the 30. Yeah, we're ready to go. Okay. 30 ft. Okay.

And yeah, so this is down to neighborhood compatibility, which is really the trees that we're talking about in the site angle there. So, I've got two, four, and five, which is really just we're just basically saying our suggestion is just the triangle as shown on the site plan. I can't remember what four and five are. Um I think they're all related along the west side. Yeah. Two inch caliber 4 foot above grade operations or bond provided if planned and trees along this if they're not ready to plant trees. So all about trees.

So I guess the only thing is so going back to item number is it two? The one that says how often or how far the trees you go up Kent to number two. Was it one or two? Keep going. right there. So two so as it's written we have it the entire wait along the portion. Okay. So the portion of the west property line as shown in the site plan. Okay. He just he just uh clarified that triangle. So So how do you feel about the triangle? And you guys were fine with that, right, Don?

The compromise I assume there was a split among staff all I mean, obviously staff's initial suggestion was the whole thing and that's just trying to follow some of those general plan goals and policies that's outlined in your report. Uh, so I thought the compromise to their compromise was to try to hide some of the stock piles as well. That's that's that was our middle middle ground as best as we could get there. How much can we go to the site plan? Mayor, may I make one comment? I just don't know where these stock piles go on this site plan compared to everything else.

Tom Jet, the planning commission went over these this tree issue in extensively, probably spent 15 20 minutes on it and it was unanimously agreed that the the tree format that was proposed would be suitable. meaning the meaning the triangle that as they have stated would be a reasonable compromise for what the planning commission is unanimous on that I'm fine with the compromise with that myself okay so we got one that's okay with that where are the stock piles right here right there this area right over there look over there I don't know I can see you're seeing it on the screen yeah

so you would you would just if you're expanding it to essentially mark those as well then I guess it would be a trapezoid instead of a triangle um you would shift those lines over sufficient to match that using so maybe another okay right well yeah but I mean I think where I think where Kent has the mouse right now would probably be the most that you know another I don't know how many linear feet that is from where they end where he's at but yeah it's at least probably about half

another hundred feet or so I don't know how many hundreds of feet it is I don't know Well, and I agree with the comment from the peanut gallery. This is where we get into crazy, right? What angle is it? So, let's just I'm fine with it. I mean, they're they're showing they're going to put some trees in there. And um and you could simplify it and use the same angle they're using. They would have had to ask themselves the same question of where you're standing. What's the angle? If all your question is is what are you trying to semihide? We can just use the exact same angle they are. Well, if I'm at my barn looking down there, it's not blocking that view. So, well, right. But they had to make that same question in the first place. Right. Right.

800 north is to the north of it. 3700. 3700. No. 39. How far north are the trees? She wants to know about where the trees end. On what street do they end going north? Question. Do you have the one that shows the That's my corner. It's about in line with the water tank, whatever that is. She lives. And I don't It's got to be 500 maybe or 600. Oh, so it'd be 600 or 700 then. You're right here, aren't you, Cindy? She's clear down on the No, you're right here. I'm sorry.

Yeah, Cindy's right over here. What are we doing? Okay. So, trees, I'm good. Where you at? I'm good where it is. We got two of the three that are good. So, sure. Move forward. I mean, I would I would like to follow staff's recommendation and go a little bit further, but I'm going to be outvoted on it anyway. So, okay. And then the third one. I think that was it, wasn't it?

The last one was just number three under site plan that we we struck which is all the way at the bottom there. It's uh that upright just this paragraph right here just which which paragraph would you point out it again? the applicant shall provide master storm drain just it'll be addressed during the site plan and so I think we all agree that could be struck doesn't necessarily need to be there yeah they've got to do that in the building process right yeah okay so we're okay to strike that one then so strike number three and does two do that too

I'm assuming Randall that if we are going to address this under the planet does it need to be in there correct the main things we need to put in here are just things were changing from what they would normally be required to do just to mitigate. Uh we do want to be careful and it's difficult. We're saying number three. I'm assuming you're meaning the new number two. What I mean by that, Randall. Sorry. So what what subsections that under if we make a motion site plan uh number two? Yeah. Strike. Blue two. Yeah. Blue two. Blue two. Okay. Everything else was then

yeah I think we I mean we're in agreement with everything else. Those were the three items. I just wanted to say those were the three items. So yeah. Okay. So we've talked through all three of those and given direction that it's okay to modify accordingly. So we can now entertain a motion for the overall approval. Right. So, I'd make a motion that we adopt the resolution accepting their tree plan and striking uh in the site plan uh item two blue number 30 and the 15 and the 15 to 30. Correct. In the stock pile. In the stock pile. Yep. Can we just say just 30, not 15 to 30 or you're saying changing it? Changing it from 15 to 30.

It's not a window. Can't be 14. Just wanted to make sure since I got to finish helping Don on the drafting. So, did I get everything I needed in there? Those were the three. I second. I have a motion in a second. Um, roll call starting from Councilman Glenn. I I Okay, that's it. Mayor, with that, I move that we uh public comments. Oh, that's right. Sorry. Yep. So, any anybody else here that would like to address anything just in general random this items that weren't on the agenda the Velcro released. Oh, you got a different you you're talking as a citizen now. You want to talk to us?

How many hats did you bring to this meeting? Listen, I just I just want to first Oh, Phil Schmidt. Uh I just want the the owners over here. I I know most of them. I've visited with them. I I just want them to know if there's any problems, challenges, or whatever, they are uh open to communication. Suncor will be happy. Ray Ray is still going to be here for another year or two before he retires. Ray's a great guy. So, please feel free. I want him to feel free that they can come and talk if there's questions or anything else. Very open policy. And so, we're we're not here to harm anybody. We're here to just help everybody. So just I just want that on the record that we we we're more than happy to talk and appreciate that and uh thank you.

Thank you. Okay. Thank you. Anybody else? Okay. Seeing none. Now, can I make my motion? Now you can make your motion to adjurnn. We have a motion. Oh, we can just adjurnn because we don't have to go into another one, right? Yes. You can just have I'm just a journ.