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Show Numerous residents attended the public hearing. Attorney Timothy W. Blackburn represented Mr. Miller and explained his request. Mr. Miller trains hunting dogs, raises fowl, and has beehives. He trains dogs for search and rescue, trains dogs to locate cell phones on inmates in jail, and also conducts obedience training. He has been on the property for about 25 years, and people who are against approval have moved into the area after the kennels had been approved by the Weber County Planning Commission and were already in place. Neighbors Mr. Marion Long, Mike Schlosser, Zane Kolford, Margie Long, and Vicky Arave spoke against approval because of excessive barking of the dogs, lack of control of his geese, and not having sufficient land to qualify. Neighbors Kelly Aiken and Rodney Price spoke in favor of the application approval. Jared Coleman, from Alabama, stated he works with Mr. Miller in training them for cell phone search, to help with a serious law enforcement problem. He said the kennels are kept very clean, and he would like to see Mr. Miller continue his work. After the public hearing was closed and the public meeting reopened, the council discussed the application, and requested additional information. Tabling the matter until January 2010, would not allow a decision within the 120 day time limit on the application, which was filed in August. After the 120 day limit, the application would automatically take affect. The council opted to schedule a special meeting on December 10, 2009, at 6:30 p.m. to act on the matter. This would give the parties the opportunity to submit additional information on the council's issues, a week prior to that date. At the special meeting held on December 10, 2009, on the application by Roger Miller, City Administrator/Attorney Bill Morris advised the council that there were some documents from Mr. Long and his attorney which should be looked at. This application arises from a neighborhood dispute, which are best settled before the judicial branch of government. The city council is the legislative branch which makes the law, but the courts interpret them to resolve disputes. The council is to act on the application for an agriculture protection. Mr. Morris has reviewed some of the findings in the creation document and recommended the council adopt these findings. He also reviewed the city's ordinance for the creation of an agriculture protection. The effect of such an area is that the city will not prosecute complaints under the municipal code relating to the agricultural operation. It allows for civil nuisance proceedings by private parties. The city could be sued for being arbitrary and capricious in its application of the law, if the application is turned down, unless there is a reason which distinguishes that this application is in violation of the law. After thorough discussion, the council unanimously approved the Agriculture Protection Area along with the findings of facts outlined therein. Councilman Kim Slater eloquently suggested that the residents work together to peacefully resolve neighborhood issues; to get along and watch out for each other. Court Problems Of interest to the city was the sexual harassment suit which was filed by the clerk of the Weber County Justice Court against Judge Craig Storey. This is the court where our city cases are heard. Later, Weber County indicated it intends to close the Weber Justice Court, possibly as soon as April 2010. Bill Morris has met with Farr West and Plain City officials to discuss possibly combining our North Sheriff Precinct into a North Precinct court, and several different ideas are being discussed. Getting the western unincorporated areas of Weber County to be part of a North Precinct court could be of value. Road Construction, Orange Cones, and Patience One of the continuing problems facing communities is the construction and maintenance of roads under their jurisdiction. A big one for Marriott-Slaterville City concerns 400 North, which has been used extensively by large trucks going to Business Depot Ogden. The road was not constructed for such heavy use. Considerable time and effort have gone into finding a solution for the problem. In January the City Council approved the allotment of funds for an environmental and feasibility study by J-U-B Engineers on 400 North reconstruction ($20,000.00). In March, City Administrator Bill Morris explained that this road is maintained by our city. The City coordinated with UDOT in preparing an environmental study to analyze and consider the reconstruction of 400 North from 1-15 10 |