Minutes for 2005-02-15, Direct pdf link.

Each Commission meeting is recorded on CD or audio tape, which is available to the public through the County Clerk's Office.
In accordance with the requirements of Utah Code Annotated Section 52-4-7(1)(d), the County Clerk records in the minutes the names of all citizens who appear and speak at a County Commission meeting and the substance "in brief" of their comments. Such statements may include opinion or purported facts. The County does not verify the accuracy or truth of any statement but includes it as part of the record pursuant to state law.

Commissioners Present: Kenneth A. Bischoff, Chair, Craig L. Dearden, and Camille T. Cain.

Others Present: Monette Hurtado, Deputy County Attorney; Margarit Nersisian, Clerk/Auditor's Office; and Fátima Blackford, Clerk/Auditor's Office, who took minutes.

A. Welcome by Chair Bischoff
B. Pledge of Allegiance was conducted by Shelly Halacy
C. Thought of the Day was offered by Commissioner Dearden

D. Consent Items:
1. Purchase Orders in the amount of $188,065.90
2. Warrants #198286 - #198522 in the amount of $855,722.5
3. Minutes for the regular Commission meeting held February 8, 2005
4. Set date of April 12, 2005 at 10:00 a.m. for a Public Hearing to amend Chapter 22, Manufacturing M-2 of the Weber County Zoning Ordinance to add provision for Class VI Clean Construction Debris and Demolition Debris Landfill as a Conditional Use for the M-2 Zone and certain development standards for the submittal, development, maintenance, closure and restoration/revegetation
Commissioner Dearden moved to approve the consent items; Commissioner Cain seconded, all voting aye.

E. Action Items:

1. Approval of tax relief for Mary Tina Mather, LSN 07-017-0014

Margarit Nersisian, Clerk/Auditor's Office, stated that Ms. Mather had forgotten to file her tax relief application for 2002. She had received credit in 2001 and 2003. The 2002 tax notice did not reflect the tax credit, however, there was a credit transfer from a prior year which Ms. Mather thought was the tax relief credit. The Tax Review Committee voted to approve this tax relief because the tax notice was confusing since it showed the credit.
Commissioner Cain moved to approve the tax relief for Mary Tina Mather, LSN 07-017-0014; Commissioner Dearden seconded, all voting aye.

2. Approval of 2004 Tax Relief Program

Margarit Nersisian, Clerk/Auditor's Office, presented a summary of the 2004 tax relief program exemptions granted to Weber County residents, including the number of applicants for the various programs, the exemption amounts, and the reimbursement amount form the Utah State Tax Commission.
Commissioner Cain moved to approve the 2004 Property Tax Relief Program; Commissioner Dearden seconded, all voting aye.

 3. Consideration and/or action on a recommendation by the Western Weber County Township Planning Commission to revoke Conditional Use Permit CUP #17-99 for site leveling for future development by C.E. Butters Realty & Construction, Inc.

Kevin Hamilton, County Planning Department, stated that this item was to discuss revocation of a Conditional Use Permit that had been granted in June 1999 by the Planning Commission and subject to the following conditions: 1) that no more than one phase be open at any one time; 2) that all requirements be met as outlined by County Engineering letters dated February 5, 1999 and June 7, 1999; 3) that UDOT's requirements be met; 4) that the minimum final grade to the north be 0.5% slope; and 5) that there be a water truck on site at all times during excavation. The issue was taken to the Planning Commission for revocation for noncompliance to the conditions and the petitioners had come to the Planning Commission and agreed to bring the project into compliance.

Iris Hennon, the county's Code Enforcement Officer, has been investigating violations on this property for the last three years. She showed photographs of trash, household waste, housing construction waste, and oil drums on the site and overlaying maps showing multiple open phases. There are wet patches at the site and she wondered how close they were to the water table. An earlier Planning Commission recommendation had been to draw up a Site Plan Development Agreement to be signed by Butters and the county, and this occurred. The County Commission approved the operation in September 2000 and the Conditional Use Permit was left in place.

In February 2003, the county again received complaints regarding this operation. The Code Enforcement Officer did an onsite visit, took photographs, and was concerned with wiring laying on the ground and that multiple phases were open. County Building and Engineering departments also inspected the site. Engineering found multiple open phases and contacted Butters by phone. Butters stated they were going to amend the plan and Engineering told them they would need to submit the revised plan to the county. In April 2003, county staff inspected the site and again found more than one phase open at the same time, no revised plan had been submitted, a great amount of soil had been recently deposited and a few trucks were coming on site to deposit more. The trucks were traveling fast and causing a great amount of dust in the air. A letter of noncompliance was sent to Butters and they came in to speak with county staff. In June 2003 Butters came into compliance regarding the open phases, no revised site plan had been submitted, and they were making attempts to reseed with natural grasses.

In November 2004 the county again received complaints about operations at the site, including that there was no water truck on site during excavation. Upon inspection, the site was found to have more than one phase open, but staff was not able to confirm the lack of a water truck because they were not operating on inspection day. A letter of noncompliance was again sent. A second letter was sent by certified mail on December 1, 2004. Mr. Hamilton said that there were receipts for two registered letters. This item was placed on the Planning Commission's agenda but the petitioner did not appear.

Curtis Christensen, County Engineer, showed 2003 and 2004 aereal photographs. He noted the multiple open phases, that there were problems with dust migration off of this site, the site restoration did not happen, and there was no top soil. The ordinance allows for removal of top soil, however, the depth was much deeper. He said the petitioner had come into compliance for a short time.

Joe Chamber, Attorney for Butters, stated they had not been aware the matter was going before the Planning Commission, that they had not received notification. Commissioner Cain asked how many addresses their business had and he replied they had one. He said they had made efforts to meet their obligations, had a water truck onsite, and tried to control dust migration. He said people were trespassing, some driving four-wheelers, undoing the revegetation process, and the garbage was not theirs. They tried soil restoration but the soil was difficult so they hauled in manure to accelerate the process.
Chair Bischoff asked why Butters had not complied when he received notices and Kevin Butters said they had tried to comply but struggled with the soil and revegetation.

Gary Kapp, adjoining property owner and representing a special approval committee at the Kapp Industrial Park, stated he was not against Butters removing their topsoil but was against them not complying with the regulations. He said that Butters did not respect local authority and he referred to several problems such as dust migration (a serious problem for computers, etc.), mud on the road continually, maggots and flies caused by the manure (which he sprayed himself to take care of the situation), weeds and the potential fire hazard, scrap pipe that Butters has put onto Kapp's property, the big bales of weeds stacked on the property line (an eye sore), no buffer between adjoining properties as per the Conditional Use Permit and Butters has cut way below the existing grade (about 3 ft. below). As of this morning, there are no signs for no trespassing and no gate to the property.

The commissioners discussed the issue at length. Commissioner Cain asked Ms. Hurtado to address Mr. Chamber's concern that Butters had been denied due process and opportunity to address the Planning Commission. Ms. Hurtado stated that the item had been listed on public agendas for December 2004 and January 2005, and Mr. Butters had full opportunity at the County Commission level to present everything that he would have at the Planning Commission. Mr. Chambers said that Mr. Butters had told him there was a renewal letter of credit in the amount of $20,000 from Wells Fargo Bank in favor of the county for the restoration of the property, and their position was that they were in compliance. Ms. Hurtado believes the county should receive a copy every time they renew their letter of credit. She said that if the County Commission felt the petitioners needed more time to present more information, it would be appropriate to table this item and/or they have the ability to require the property owner to come into compliance and give them a time certain. Chair Bischoff noted that Mr. Chambers was not prepared to make his case at this meeting, thinking they would be referred to the Planning Commission. The petitioner said that given the relationship he had with County Planning they would have thought it was unusual he was not present and would have tabled the item or at least have given him a call.

Chris Allred, Deputy County Attorney, who has been part of the process all along, clarified that he had made the options clear at the Planning Commission meeting–one was to table the item since the petitioner was not present and to have an opportunity to hear their side or to proceed. The Planning Commission felt at that time that the item had already been on the agenda the month before and they had obligation to take some action. Commissioner Dearden said that if a time certain was given, it would have to allow for the snow to melt.
Commissioner Cain moved that the property owner submit the letter of credit/bond to the county no later than 5 p.m. tomorrow afternoon, Wednesday, February 16, 2005, and if this takes place, that Planning staff have available at next week's Commission meeting the list of issues and a recommendation of time certain for compliance for those issues in order to allow the property owner to maintain this Conditional Use Permit–specific intervals could be designated as to when certain items needed to be completed and a date when final compliance would be necessary, with a review of the petitioner's performance during that time; Commissioner Dearden seconded, all voting aye.

Commissioner Cain recommended the petitioner be present at the next Commission meeting on Tuesday to understand what the list of issues and recommendations were. She said the intent of her motion was that if the letter of credit was not in the county office before 5 p.m. tomorrow, then her vote would be to revoke the Conditional Use Permit.

4. Final approval of Ward Acre Phase 2 at 4274 North 3150 East, and acceptance of the financial guarantee for $50,000.00 for subdivision improvements

Jim Gentry, County Planning Department, briefly outlined this item stating that the Planning Commission had unanimously recommended approval.
Commissioner Cain moved to grant final approval of the Ward Acre Phase 2 at 4274 North 3150 East, and to accept the financial guarantee for $50,000.00 for subdivision improvements; Commissioner Dearden seconded, all voting aye.

5. Approval of contract by and between Weber County and Cross Roads of the West Inc. for a Gun Show at the Golden Spike Event Center February 5 - February 6, 2005 - Contract C2005-13

Jennifer Graham, Recreation Facilities Director, presented this standard contract.
Commissioner Dearden moved to approve Contract C2005-13 by and between Weber County and Cross Roads of the West Inc. for a Gun Show at the Golden Spike Event Center on February 5 - February 6, 2005; Commissioner Cain seconded, all voting aye.

6. Approval of contract by/between Weber County &Ogden Publishing Corp. for Standard Examiner Home & Garden Show to be held at Golden Spike Event Center March 4 - March 6, 2005 - Contract C2005-14

Jennifer Graham, Recreation Facilities Director, presented this standard contract.
Commissioner Cain moved to approve Contract C2005-14 by and between Weber County and Ogden Publishing Corp. for the Standard Examiner Home & Garden Show to be held at the Golden Spike Event Center on March 4 - March 6, 2005; Commissioner Dearden seconded, all voting aye.

7. Approval of contract by/between Weber County &Ogden Publishing Corp. for Standard Examiner Home & Garden Show to be held at the Golden Spike Event Center March 3 - March 5, 2006 - Contract C2005-15

Jennifer Graham, Recreation Facilities Director, presented this standard contract.
Commissioner Dearden moved to approve Contract C2005-15 by and between Weber County and Ogden Publishing Corp. for the Standard Examiner Home & Garden Show to be held at the Golden Spike Event Center on March 3 - March 5, 2006; Commissioner Cain seconded, all voting aye.

8. Approval of contract by/between Weber County &Kottage Kupboard Inc. for Corn Stalks and Pumpkins to be held at the Golden Spike Event Center September 28 - October 1, 2005 - Contract C2005-16

Jennifer Graham, Recreation Facilities Director, presented this standard contract. She addressed Chair Bischoff's questions stating that the promoter handled all the ticketing.
Commissioner Cain moved to approve Contract C2005-16 by and between Weber County and Kottage Kupboard Inc. for Corn Stalks and Pumpkins to be held at the Golden Spike Event Center on September 28 - October 1, 2005; Commissioner Dearden seconded, all voting aye.

9. approval of a contract by and between Weber County and Kottage Kupboard Inc. for Candy Cane Lane to be held at the Golden Spike Event Center on the dates of November 16, 2005 - November 19, 2005 - Contract C2005-17

Jennifer Graham, Recreation Facilities Director, presented this standard contract.
Commissioner Dearden moved to approve Contract C2005-17 by and between Weber County and Kottage Kupboard Inc. for Candy Cane Lane to be held at the Golden Spike Event Center on the dates of November 16, 2005 - November 19, 2005; Commissioner Cain seconded, all voting aye.

 10. Approval of a contract by and between Weber County and Northern Utah Prospectors Association for a Gold Show to be held at the Golden Spike Event Center on the dates of April 8, 2005 - April 10, 2005 - Contract C2005-18

Jennifer Graham, Recreation Facilities Director, presented this standard contract.
Commissioner Cain moved to approve Contract C2005-18 by and between Weber County and Northern Utah Prospectors Association for a Gold Show to be held at the Golden Spike Event Center on the dates of April 8, 2005 - April 10, 2005; Commissioner Dearden seconded, all voting aye.

11. Request for final approval of a Boundary Line Adjustment to adjust the lot lines of Lots 2 and 3 of Lazy Dayz Subdivision

Kelly Grier, County Planning Department, presented this request for a lot line adjustment at 3956 N. 2975 W. The petitioner wished to enlarge the original Lot 2 and decrease the size of Lot 3. Lazy Dayz Subdivision is a resubdivision of a portion of Bayview Ranchettes. Today's action does not create additional lots and both lots meet or exceed the county's minimum area and frontage requirements for the A-1 zone. A record of survey has been filed with the County Surveyor. The Western Weber County Township Planning Commission voted to unanimously recommend approval of this item.
Commissioner Cain moved to grant final approval of a Boundary Line Adjustment to adjust the lot lines of lots 2 and 3 of Lazy Dayz Subdivision; Commissioner Dearden seconded, all voting aye.

F. Assign Pledge of Allegiance & Thought of the Day for Tuesday, February 22, 2005, 10 a.m.

G. Public Comments: None

H. Closed Executive Session
Commissioner Cain moved to close the public meeting to discuss the sale of real property and/or to discuss strategy relating to pending or imminent litigation; Commissioner Dearden seconded.
Roll Call Vote:
Commissioner Cain aye
Commissioner Dearden aye
Chair Bischoff aye

There was no action taken on the closed executive session.

I. Adjourn
Commissioner Dearden moved to adjourn the meeting at 12:12 p.m.; Commissioner Cain seconded, all voting aye.

Kenneth A. Bischoff, Chair
Weber County Commission

Linda G. Lunceford, CPO
Weber County Clerk/Auditor