MINUTES
OF
THE REGULAR MEETING OF THE
TOOELE COUNTY BOARD OF COMMISSIONERS
HELD APRIL 12, 2005
Chairman Rockwell called the meeting to order at 3:00 p.m. The time, place and agenda of the meeting had been provided to the Tooele Transcript Bulletin and to each member of the governing body by delivering copies of the notice and agenda at least two days before to each of them.
1. ROLL CALL. The clerk called the roll which showed Commissioners Dennis Rockwell, Chairman; Matthew Lawrence and Colleen Johnson present. Also present were Douglas Ahlstrom, Attorney and Debbie Sagers, Deputy Clerk. Dennis Ewing, Clerk, was excused.
2. MINUTES. Commissioner Lawrence moved to approve the minutes of the Commission Meeting held April 5, 2005. Commissioner Johnson seconded the motion. All concurred.
3. TAX ADJUSTMENTS. Commissioner Johnson moved to approve the following tax adjustments: A) Larry O. Haskell, Serial #05-043-0-0020. UDOT purchased this property on 10-10-03. $600 was paid for sellers portion of 2003 taxes. Balance of $137.14, penalty and interest should be exempt. Relief amount $-137.14; Renteria's Creative Accounting, Serial #BU-01-1217. Delete tax, interest and penalty for 2003 and 2004 tax years. No longer in business. Tax year 2003 - $-258.75, 2004 - $-202.82; C) Motor Sportsland, Serial #90919N. Request refund of property tax collected on sale of 2000 travel trailer vin#4CP651H18Y7283346. Trailer was in their inventory o January 1, 2005 and was not due. Adjustment $-67.19; D) Wal-Mart Stores, Inc. Serial #BU-001-1035. Personal Property Tax was over paid on this account. Please refund. Adjustment $385.02. Commissioner Lawrence seconded the motion. All concurred.
4. ORDINANCE 2005-08 - AMENDING CHAPTER 6 OF THE UNIFORM ZONING ORDINANCE, REGARDING OFF-STREET PARKING REQUIREMENTS. Attorney Ahlstrom discussed this with the Commission. Commissioner Lawrence moved to approve Ordinance 2005-08, Amending Chapter 6 of the Uniform Zoning Ordinance, Regarding off-Street Parking Requirements. Commissioner Johnson seconded the motion. All concurred.
5. ORDINANCE 2005-09 - AMENDING CHAPTER 2 OF THE UNIFORM ZONING ORDINANCE, CHANGING DEFINITIONS TO REFLECT CHANGES MADE TO CHAPTER 6. Attorney Ahlstrom discussed this with the Commission. Commissioner Johnson moved to approve Ordinance 2005-09, Amending Chapter 2 of the Uniform Zoning Ordinance, Changing Definitions to Reflect Changes made to Chapter 6. Commissioner Lawrence seconded the motion. All concurred.
6. ORDINANCE 2005-10 - AMENDING CHAPTER 4-14 OF THE UNIFORM ZONING ORDINANCE, FOR HEIGHT LIMITATIONS ON ACCESSORY BUILDINGS. Attorney Ahlstrom discussed this with the Commission. Commissioner Lawrence moved to approve Ordinance 2005-10, Amending Chapter 4-14 of the Uniform Zoning Ordinance, for Height Limitations on Accessory Buildings. Commissioner Johnson seconded the motion. All concurred.
7. ORDINANCE 2005-11 - REDUCING THE AREA OF THE HAZARDOUS WASTE CORRIDOR AND AMENDING CHAPTER 18 TO REDUCE THE DISTANCE FROM EXISTING DWELLINGS AND TO MAKE OTHER TECHNICAL CHANGES. Attorney Ahlstrom discussed this with the Commission. Lucy Jenkins, Cedar Mountain's Attorney, discussed this with the Commission. Her client, Charles Judd owns 80 acres in this corridor and was not notified of this change. She asked that another public hearing be held on this subject.
Commissioner Rockwell stated that the downsizing of the corridor was at the suggestion of the Commissioner's, not at the suggestion of Envirocare. Ms. Jenkins stated that Mr. Judd does not have the ability to expand his facility, like some of the others do, so he felt he was not treated fairly. They are also appealing the Planning Commissions approval of Envirocare's Conditional Use Permit. She felt that neither the Planning Commission nor Envirocare have followed the procedures in the Ordinance in approving the Conditional Use Permit.
Nicole Cline, Engineering, stated that the application was received by the Engineering Department for an amendment to Envirocare's CUP, however, the Planning Commission only recommends approval. The County Commission is the only body that can give approval on CUP's.
Attorney Ahlstrom asked Nicole Cline if she checked ownership of the property effected by this ordinance. Nicole Cline, Engineering, stated that within this corridor there is no property listed in the name of Charles Judd or Cedar Mountain Environmental. The 80 acres that she believes Ms. Jenkins is talking about is 80 acres north of the railroad tracks from the property recently acquired by Envirocare. The tax rolls show Groscost and Bunn Investments as the owners, which received two notifications, as Groscost and Bunn and Broken Arrow.
Mr. Lowry, Ms. Jenkins associate, stated that his secretary got information from the Recorder's Office indicating that Mr. Judd is the property owner on the property in question.
Mr. Rogers, Envirocare, has a signed agreement to purchase the 80 acres from Broken Arrow dated February 24, 2005.
Commissioner Rockwell asked Mr. Lowry when he registered the property in Mr. Judd's name. Mr. Lowry wasn't sure of the date.
Commissioner Lawrence felt the Commission could wait a week to approve this item. Attorney Ahlstrom stated that all you have are allegations, no concrete proof.
Commissioner Lawrence moved to approve Ordinance 2005-11, Reducing the area of the Hazardous Waste Corridor and Amending Chapter 18 to Reduce the Distance from existing Dwellings and to make other technical changes. Commissioner Johnson seconded the motion. All concurred.
8. ORDINANCE 2005-12 - REZONING APPROXIMATELY 640 ACRES OF THE HAZARDOUS WASTE CORRIDOR FROM ITS PRESENT MG-EX TO MG-H. Attorney Ahlstrom discussed this with the Commission. Commissioner Lawrence moved to approve Ordinance 2005-12, Rezoning Approximately 640 acres of the Hazardous Waste Corridor from its present MG-EX to MG-H. Commissioner Johnson seconded the motion. All concurred.
9. SLURRY SEAL CONTRACT WITH KILGORE PAVING. Attorney Ahlstrom discussed this with the Commission. He was concerned that this contract is a continuation of last year’s contract, but doesn’t list what roads will be included and there is an increase in price. Rod Thompson, Roads, wanted to know whether this was a two year contract. If not, it will have to be rebid.
Commissioner Johnson moved to have the Slurry Seal rebid. Commissioner Lawrence seconded the motion. All concurred.
10. PROPERTY PURCHASE - NORTH OF HEALTH DEPARTMENT BUILDING. Myron Bateman, Health Department, discussed this with the Commission. The price on the property is $7.40 per square foot, or $100,000 which is 90' x 150 ‘. This money would come out of the Health Department’s budget. There was some discussion about the easement at the rear of the Health Department. Commissioner Lawrence moved to approve the property purchase on the north side of the Health Department building in the amount of $100,000 with the negotiations to be completed later. Commissioner Johnson seconded the motion. All concurred.
11. BOOKMOBILE LIBRARY CONTRACT AMENDMENT. Commissioner Lawrence discussed this. There was an error in the original Bookmobile Library Contract for $103 and this corrects the error. Commissioner Lawrence moved to approve the Bookmobile Library Contract Amendment. Commissioner Johnson seconded the motion. All concurred.
12. LEASE TERMINATION AGREEMENT - INTERMOUNTAIN KARTING COMPLEX, LLC. Attorney Ahlstrom discussed this with the Commission. Intermountain Karting has been bought out by Larry H. Miller, therefore they would like to terminate their contract with Tooele County.
Commissioner Johnson moved to approve the Lease Termination Agreement with Intermountain Karting Complex, LLC. Commissioner Lawrence seconded the motion. All concurred.
13. RENEWAL OF LEASE WITH UTAH HIGHWAY PATROL - WENDOVER BUILDING. Attorney Ahlstrom discussed this with the Commission. This would extend the lease from January 1, 2005 thru December 31, 2008 at a price per square foot of $11.50. Commissioner Johnson moved to approve the Renewal of Lease with Utah Highway Patrol in the Wendover Building. Commissioner Lawrence seconded the motion. All concurred.
14. QUIT CLAIM DEED TO GRANTSVILLE SOIL CONSERVATION DISTRICT - SHEEP LAND ROAD PROPERTY. Attorney Ahlstrom discussed this with the Commission. Commissioner Lawrence moved to approve the Quit Claim Deed to the Grantsville Soil Conservation District - Sheep Land Road Property. Commissioner Johnson seconded the motion. All concurred.
15. ADDITION OF NEW FULL TIME EMPLOYEE - ENGINEERING DEPARTMENT. Jim Lawrence, Engineering, discussed this with the Commission. This person will replace the services that have been filled by contract with Sunrise Engineering. Commissioner Lawrence moved to approve the addition of a new full time employee to the Engineering Department. Commissioner Johnson seconded the motion. All concurred.
16. RODEO AGREEMENT TOOELE BIT & SPUR AND TOOELE COUNTY. Commissioner Lawrence stated that this is updating the agreement that the County has had with the Bit and Spur for many years. Commissioner Lawrence moved to approve the Rodeo Agreement with the Tooele Bit & Spur and Tooele County. Commissioner Johnson seconded the motion. All concurred.
17. CONTRACT REVIEW. A) Contract #00-10-01 - Interlocal - Tooele County, BLM, Communications and Dispatch Services; B) Contract #99-05-12 - County Brand Inspection; C) Contract #03-04-09 - Memorandum of Agreement - Deseret Chemical Depot, Dugway and Tooele County for Traffic Control & Decontamination Support will all be reviewed next year.
18. ADJOURN. Commissioner Lawrence moved to adjourn the meeting at 4:10 p.m. Commissioner Johnson seconded the motion.
APPROVED APRIL 19, 2005
BY