Minutes for 2005-04-12, 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; Camille T. Cain; and Craig L. Dearden.

Others Present: David C. Wilson, Deputy County Attorney; Scott Hogensen, 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 Kelly Grier
C. Thought of the Day was offered by Chair Bischoff

D. Consent Items:
1. Purchase Orders in the amount of $307,353.84
2. Approval of Warrants #200164 - #200383 in the amount of $1,910,647.38
3. Approval of minutes for the meetings held on March 29, 2005 and April 5, 2005
4. Final approval of a JAG Grant Funding Agreement - Contract C2005-42
Commissioner Cain moved to approve the consent items; Commissioner Dearden seconded, all voting aye.

E. Action Items:

1. Ratification of the adoption of the Substitute Resolution 16-A of the County Commission of Weber County (the "County") authorizing and approving the execution and delivery of a Third Amendment to Master Lease Agreement, by and between the County and the Municipal Building Authority of Weber County (the "Authority"); authorizing the issuance and sale by the Authority of its Lease Revenue Refunding Bonds, Series 2005 (the "Refunding Bonds") in the Aggregate Principal amount of $6,775,000 to (i) Refund and retire its outstanding Lease Revenue Bonds, Series 1995 and (ii) Refund and retire a portion of its outstanding Lease Revenue and Refunding Bonds, Series 1997; and related matters - Resolution 16-2005

David Wilson, Deputy County Attorney, stated that this was essentially the same resolution ratified today at the Municipal Building Authority (MBA) meeting that preceded this one. The item had been mislabeled on the MBA agenda as the County Commission approving it instead of the MBA. Because the MBA meeting was held late in the day there had not been the 24 hour required notice period and it was ratified today to comply with the Open Meetings Act. Due to lower interest rates, the county can obtain real savings of approximately $85,000+ per year over a 14-year period on the reissuance of a portion of the bonds used to help fund construction of the Weber Center and the Eccles Conference Center and also to renovate the Egyptian Theater.
Commissioner Cain moved to ratify the adoption of the substitute Resolution 16-2005 of the County Commission of Weber County, Utah (the "County") authorizing and approving the execution and delivery of a Third Amendment to Master Lease Agreement, by and between the County and the Municipal Building Authority of Weber County, Utah (the "Authority"); authorizing the issuance and sale by the Authority of its Lease Revenue Refunding Bonds, Series 2005 (the "Refunding Bonds") in the Aggregate Principal amount of $6,775,000 to (i) Refund and retire its outstanding Lease Revenue Bonds, Series 1995 and (ii) Refund and retire a portion of its outstanding Lease Revenue and Refunding Bonds, Series 1997; and related matters; Commissioner Dearden seconded.
Roll Call Vote:
Commissioner Cain aye
Commissioner Dearden aye
Chair Bischoff aye

2. Resolution & Letter of Support regarding Air Passenger Service at Ogden-Hinckley Airport Resolution 17-2005

Ron Kusina, Executive Director, Redevelopment Agency of Weber County, stated that this resolution was in support of an application to receive funding to determine the feasibility of commercial air service (regional jets) at the Ogden-Hinckley Airport. This item was instigated by Mr. Ed Rich at the Airport. A formal study will be conducted of the market conditions currently prevalent from Malad, Idaho, to south Davis County to determine if there is enough of a demand in that region to reestablish commercial air service. This resolution will accompany the application that will be submitted to the U.S. Department of Transportation.
Commissioner Dearden moved to adopt Resolution 17-2005 and Letter of Support regarding Air Passenger Service at Ogden-Hinckley Airport; Commissioner Cain seconded.
Roll Call Vote:
Commissioner Cain aye
Commissioner Dearden aye
Chair Bischoff aye

3. Approval of contract by/between Weber County &the Ben Lomond Hotel for rooms during the Versadex 2005 Users Conference held September 13-September 17, 2005 - Contract C2005-43

Patsy Winchester, County Sheriff's Office, explained that Versadex was the software used for law enforcement. The Hampton Hotel will be the main hotel with the Ben Lomond as the overflow for hotel rooms. Commissioner Dearden noted that the cost would be paid out of the conference fees.
Commissioner Cain moved to approval Contract C2005-43 by and between Weber County and the Ben Lomand Hotel for hotel rooms during the Versadex 2005 Users Conference being held September 13, 2005 through September 17, 2005; Commissioner Dearden seconded, all voting aye.

4. Request for final subdivision approval for Trappers Ridge at Wolf Creek Phase 4, consisting of 23 lots, including a $282,382.61 financial guarantee for improvements, and an agreement to maintain a landscape island as part of the road improvements

Kevin Hamilton, County Planning Department, stated that the Planning Commission had recommended approval of this phase subject to a property boundary dispute with a neighbor being resolved. Mr. Hamilton had been led to believe that they would be able to resolve it by the time this item was placed on today's County Commission agenda. As of 5 p.m. tonight Mr. Hamilton had received nothing to indicate resolution had occurred and he asked that this item be tabled.

 5. Final subdivision approval for Durfee Creek Estates No. 2C, consisting of 6 lots, including a financial guarantee for improvements in the amount of $229,021.85

Kevin Hamilton, County Planning Department, gave a brief overview of this item stating it was the final phase of a subdivision begun in 1979. The Planning Commission had unanimously recommended approval of this subdivision and all issues had been addressed.
Commissioner Dearden moved to grant final subdivision approval for Durfee Creek Estates No. 2C, consisting of 6 lots, including a financial guarantee for improvements in the amount of $229,021.85; Commissioner Cain seconded, all voting aye.

6. amendment to Weber County Policy "Building Moratorium Below 4215 Feet"

Kelly Grier, County Planning Department, stated that the current policy for building on a lot at an elevation less than 4215 ft. required that at least 20,000 square ft. of the lot be filled above the 4215 elevation. The 20,000 square ft. was due to the Environmental Health Department's requirements for the area needed for septic tanks. With sewer being installed in the western portion of the county, both County Planning and Engineering staff recommended that the policy be amended to allow a build up of 15,000 square ft. if the lot is being served by sewer. Legal counsel had reviewed this amendment.

Ms. Grier referred to item #2 of this policy, "Absolute Requirements for Building," noting that currently it read "no building shall take place on land which does not have at least 20,000 square feet on contiguous land area at the 4215 finished land elevation or above." The following language is added "however, this requirement may be reduced to 15,000 square feet if the building/structure is being serviced by an approved sewer system. This is the only change to the policy with the exception of substituting shall for must.

The commissioners discussed septic systems versus sewer systems in an effort to alleviate confusion for the general public. Commissioner Dearden said that some people think their septic tank is their sewer system. He asked if there was something in writing that stated a septic system was not a sewer system and Ms. Grier will research it. Ms. Grier said that the only reason to require the 20,000 square ft. was that it was the minimum for a septic tank but with sewer, there was the option of doing cluster subdivisions, which mean smaller lots. Commissioner Dearden said that the current 20,000 square ft. requirement was due to the water table but that was eliminated when hooking up to sewer. Commissioner Cain noted that the Lake level was used for the determination of the elevation.
Commissioner Cain moved to approve an amendment to the Weber County Policy "Building Moratorium Below 4215 Feet"; Commissioner Dearden seconded, all voting aye.

7. Final approval of Allen Estates Subdivision

Kelly Grier, County Planning Department, showed an area map stating that this 15-lot subdivision was located on 2200 S. between 3900 W. and 3500 W. It is in the A-1 zone and each lot has 40,000 square ft. minimum lot area with a minimum 150 ft. lot width and frontage. Ms. Grier said that curb, gutter and sidewalk were to be installed. Culinary water, sanitary sewer, and storm drains had been installed/completed. Water will be provided by Taylor/West Weber Improvement District and the subdivision will be served by the Central Weber Sewer. Secondary water will be provided by the Wilson Irrigation Company. The Western Weber County Planning Commission unanimously voted (5-0) to recommend final approval. Ms. Grier said that the Subdivision Development Agreement, signed by the applicant, was before the Commission for approval with an attached engineer's cost estimate and letter of escrow in the amount of $221,848.77.
Commissioner Dearden moved to grant final approval of the Allen Estates Subdivision including an escrow in the amount of $221,848.77; Commissioner Cain seconded, all voting aye.

F. Public Hearing

1. Commissioner Cain moved to adjourn the public meeting and convene the public hearing; Commissioner Dearden seconded, all voting aye.

2. Public hearing on a Zoning Ordinance Amendment, Chapter 22, Manufacturing, M - 2, to add provision for Class V1 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

Kelly Grier, County Planning Department, showed maps of all the manufacturing zones in Weber County. Currently, there is very little M-2 zoning and it is mostly in use. There is a lot of M-3 zoning (in the Little Mountain area). The applicant, Bert Smith, was petitioning for an amendment to the Weber County Zoning Ordinance to allow for a Class VI Clean Construction and Demolition Debris Landfill in Chapter 22, Manufacturing M-2 zone. As the manufacturing zones are cumulative, this would also provide for the same use as a Conditional Use in an M-3 zone.

This application is not for a specific site but for the allowance within the M-2 and M-3 zones in the County Zoning Map. Mr. Smith had stated that the Class VI landfill in the county currently taking construction/demolition waste was near capacity and other options needed to be considered. The Western Weber County Township Planning Commission voted unanimously, 5-0, to recommend approval of this item. The proposed amendment included the purpose, definition, enforcement, backfilling or top filling, and rehabilitation following a phasing schedule.

Commissioner Cain noted that the proposed amendment's definition of acceptable waste was different from the EPA's, which allowed some hazardous materials. She felt that the county needed to be very clear about what would be placed in that landfill and that it was not reasonable to assume that other waste would not be put there. She pointed out that the last time this item had been heard it had been in relationship to M-1 zones and the Planning Commission at that time strongly recommended that it go before the Weber Area Council of Governments (WACOG) and for the entities to work together to collectively find an acceptable location for a C&D landfill. She asked if there had been discussion about taking this issue to WACOG and Ms. Grier had not been aware of this recommendation.

Chair Bischoff asked if the petitioner or his representative would like to speak but no one was present.

The following public comments were heard:
Dan Wright spoke in opposition to a landfill on an M-2 zone. He is in the construction business and owns Rocky Mountain Masonry, located on an M-2 zone. His business uses a lot of C&D materials. He strongly favors recycling and participated in a project recycling block for foundations but it failed because the organization doing the crushing could get rid of the debris at a C&D landfill cheaper than trying to recycle. Thus, debris is being thrown away and is filling up landfills, including hazardous materials. He suggested getting those in the construction business to think about recycling.

Ron Kusina, Weber Economic Development Corp., spoke in strong opposition to a landfill on M-2 or M-3 zones and urged the Commission to reject the proposal. He did not believe Class VI landfills belonged in a manufacturing environment where there was significant investment in job creation and which contributed to real and personal property improvements; that landfill uses would eliminate for the most part, the opportunity for any further industrial use and unnecessarily restricted growth opportunities for the manufacturing economy. He referred to the ascetic implications during the landfill's operation period. He recognized that there is a need for waste management in the State and in the country and that landfills are an important ongoing need. He felt that specific zones for landfills needed to be created in the State and conscientious efforts needed to be made to identify appropriate sites for various types of waste. Mr. Kusina also strongly supported recycling.

Chair Bischoff pointed out that there were many unanswered questions including the locale of a landfill site in terms of how contractors would feel about traveling long distances to deliver the product and fuel costs.

Greg Montgomery, Ogden City Planner, spoke in opposition to this issue citing concerns that included that two of the present M-2 zones were within the City's Annexation Policy Declaration, which left the rail yards in Riverdale owned by Union Pacific (west and south of the Newgate Mall) and the Plain City sewer ponds. He didn't understand the reason to request a conditional use in an M-2 if the four sites are already occupied. He said that perhaps the M-3 zones should be looked into at Little Mountain where the area is not good for agriculture and is away from the population base.

Mr. Montgomery also expressed concern with considering rezoning M-1 zones because of the City's Annexation Policy Declaration. A lot of the M-1 zones were an island surrounded by the City (the area from 1900 W up to Midland Dr.). In the City's General Plan, they are trying to create more industries in those areas and as development occurs, they will need services and annex into the City, thus eliminating the islands–a goal of the State. He noted that the site would not have much use after the landfill other than to be open space, where it was not needed since it is a manufacturing area. Mr. Montgomery stated that Riverdale City had talked to him and could not be present tonight because they were holding their council meeting. Riverdale felt the same way because one parcel was in their Annexation Policy Declaration. Recent changes to State law will change conditional uses effective May 2005 and they will have to be approved unless they don't meet the listed conditions in the ordinance. He said that this proposal did not speak to mitigation, what things made an issue a conditional use, etc. and recommended the county review its conditional use standards.

Duane Beus, small business owner in an M-1 zone adjacent to an M-2 zone, spoke in opposition to this issue. He referred to the Moulding landfill stating that there was nothing governing what was put in there, which included cans of lacquer, old oil, and the things people did not want to take to the Transfer Station. Mr. Beus stated that the landfill property is worthless for future use. He posed the question as to what might be the possibility of someone rezoning a current M-1 to an M-2 and then being able to put a landfill in an area of established businesses. Mr. Beus suggested spot zoning rather than an entire M-2 or M-3 zone. He said there was no such thing as clean debris, that there was a lot of material in those landfills that were not biodegradable or environmental friendly.

Mark Anderson, speaking on behalf of Hooper Water Improvement District, stated that the District was currently holding its board meeting, thus the manager and trustees could not be present. The District requested that the Commission deny this proposal, that they work through WACOG to identify a logical site or sites. Mr. Anderson had previously spoken against a specific landfill site near the Ogden-Hinckley Airport near an M-1 zone and said the District was suspicious this was another way to try to get to the same spot and if this amendment was approved, they suspected there would be an application for a rezone to M-2, which could possibly be followed by a conditional use permit. Since there were very few M-2 zones and those were already in use, obviously the purpose of this proposal was not to place a landfill in one of these M-2 zones. The District believed it was far better to spot zone and the county might find the Little Mountain to be a viable area. The District's engineer, Gardner Engineering, had advised them specifically with the proposed landfill next to the Airport that there were significant water quality issues that could result from a C&D landfill.

Commissioner Cain requested that Mr. Anderson work through appropriate means to ask the Department of Environmental Quality (DEQ) to review their requirements because they don't require soil testing for water contamination in a C&D area. She requested the District to at least write a letter to DEQ supported by Gardner Engineering and other engineering firms who feel strongly about this issue. Mr. Anderson will put the request to the District.

 Ms. Grier noted that this amendment had been written prior to the new land use regulations. Under the new regulations, a conditional use permit has to be approved unless it doesn't meet the listed conditions in the land use ordinance. She believed this may mean that a list of every conceivable condition for each of the diverse conditional uses would have to be written.

Penny Kapp, on behalf of Kapp Construction, spoke in opposition to the proposed amendment stating she supported what everyone preceding her had said. Kapp Construction supported researching this issue. She said that her husband had mentioned previously that there was to be a cooperation between the county and WACOG regarding this issue. She felt that if the petitioner did have a site for a landfill, that it was not appropriate for him to blatantly request it this way and said they had asked the petitioner if there was a specific site and he told them two different things, which left them suspicious and concerned this was a backdoor approach to go back to the area by the Airport. She was concerned that if a use was allowed in an M-2 it could be allowed in an M-3 zone.

Dan Kemp stated that Kemp Development was developing the Kemp Jet Center, a 47-acre parcel at the Airport. They opposed the landfill because it is not only C&D-acceptable debris that gets placed in those landfills and those other items attract birds, which are a hazard to airplanes flying over. Mr. Kemp noted that other items cause different types of dust debris such as concrete that has been smashed and turned to dust, that blows around and gets into airplanes causing a lot of damage. It would be difficult to solicit regional jets (see item E.2. above) because of the debris and birds.

Roger Burnett, Mayor of Roy City, noted that C&D land would never be used for any revenue generating use.

Chair Bischoff asked if anyone present wished to speak for the petition but there was no one.

3. Commissioner Cain moved to adjourn the public hearing and reconvene the public meeting; Commissioner Dearden seconded, all voting aye.

4. Action on public hearing:

F.2. - on Zoning Ordinance Amendment, Chapter 22, Manufacturing, M - 2, to add provision for Class V1 Clean Construction Debris and Demolition Debris Landfill, as a Conditional Use
Commissioner Dearden moved to deny the proposed amendment to the ordinance, mostly because there was no site-specific request to change the ordinance, that it would be better to debate a specific site and whether it was an appropriate one versus just a general request to change the ordinance which, if approved, could trigger the manufacturing zones in the entire county to be changed; Commissioner Cain seconded, all voting aye.

G. Assign Pledge of Allegiance & Thought of the Day for Tuesday, April 19, 2005, 10 a.m.

H. Public Comments: None

I. Adjourn
Commissioner Dearden moved to adjourn at 7:46 p.m.; Commissioner Cain seconded, all voting aye.

Kenneth A. Bischoff, Chair
Weber County Commission

Linda G. Lunceford, CPO
Weber County Clerk/Auditor