CSFM Meeting Notes
September 1, 2004


In Attendance: Lee King, Dennis Spackman, Liz Yeomans, Rick Battison, Tom Hopkins, David Colby, David May, Michelle Baguley

Lee King gave us the following update:
The Department of Justice (DOJ) signed the Consent Decree (CD) on Midvale Slag (MS) on Friday of last week. There are some logistical paperwork issues and loose ends to be tied up and then it will be lodged for comment. Maybe later next week.

The lawsuits between DOJ and the Littleson counter-suits will be dismissed. Administratively there is a lawsuit filed against Midvale.

When the CD is lodged, the 30-day comment begins. All players have agreed and the signatures are in place. Short of comments coming out of the woodwork, things should move forward. Hopefully there will not be any substantial issues that need resolution. The court must evaluate and respond to all comments.

It is hoped that the JVWCD issues have been resolved by EPA's response. The city has had daily conversations with JVWCD and there are no indications that they will make comments at this point.

The RDA process is proceeding under that assumption that there won't be any glitches in the process. This has been a long process.

The RDA project areas are being kept separate. There is one for each of the Superfund sites. It has taken 21/2 years to define the area, complete the blight survey, hold public hearings and wait for the finding of blight.

Once we have the legal funding we have 1 year to create the project area or must start over again. The next step is the budget. Part of the process requires that we go to the tax entity committee. They get to have a say in what the budget looks like. This is the first time in history that there has been a unanimous vote and is unique in that exceptions to the process were granted.
  1. Exceed the maximum time limit.
  2. Exceed the statutory amount of the increment
  3. The tax increase generated usually goes to the entity unless waived and they waived it.
The next legal step is on the 21st of September there will be and RDA public hearing on the 2 budgets and then the adoption of the same.

Had the CD come out different we may have had to start over on Jordan Bluffs (AKA..SS)

The developer is asking for money than the increment would generate. The developer may have to pay more costs than anticipated.

The issuance of bonds for the projects has been debated and discussed.

On site and off site improvements had to be defined. What the city can pay for and what it can’t. A rat differential has been proposed. Not asking current citizens to foot the bill but rather those who will eventually live there. This development will allow schools to remain open as some were slated for closure in the future if population did not increase.

Trying to be fair an balanced is the most difficult.

The city has cautioned both developers about their build out schedule.

It was asked if the RDA could be retired early. The answer was yes if it is in the cities financial interest to do so.

The different settlement rates on the SS cap may cause the project to be delayed by as much as a year. The developer is stretching and trying to rethink phasing.

The city is trying to facilitate without getting into a financial risk. Surcharging at the site will go on into fall. Maybe the sequencing will change and the developer will build the part that is off the cap first.

Because of the complexities of the RDA the City Council will convene separately to discuss these issues.


Liz told us that the quarterly site inspections and the annual Ground Water (GW) reports were on the list to be modified as to responsibilities. The duties are being split.

UDEQ will continue inspections throughout development and then after will only do the GW monitoring.
The five year review should be final the end of the month. EPA has hired UDEQ to do it. The guidance document is huge and so the report is still being drafted. There will be no invite to comment.

Meeting adjourned. Next mtg. October 17, 2004