Minutes for 2002-12-03, Direct pdf link.

1. Welcome by Chair Burton.
   
   
2. Pledge of Allegiance was conducted by David Wilson.
   
   
3. Thought of the Day was offered by Commissioner Cain.
   
   
4. Consent Items:
   1. Purchase Orders in the amount of $29,351.01.
      
      
   2. Warrants #170376 - #170553 in the amount of $1,512,241.07.
      
      
   Commissioner Bischoff moved to approve the consent items; Commissioner Cain seconded, all voting aye.
   
   
5. Non-Action Items:
   None.
   
   
6. Action Items:
   1. Approval of Contract with the Administrative Office of the Courts Ogden (AOC) for Building and Perimeter Security. This includes an Amendment to the July 2002 - June 2003 Security Agreement - Contract C2002-159
      
      Weber County Sheriff Brad Slater stated that the Commission had previously approved a contract for security services and this was an addendum to that agreement. This amendment increases the amount of money to be reimbursed to the county by approximately $30,000 for these services at the District and Juvenile Courts to offset costs to the Sheriff's Office. The previous contract amount was $132,000 and the AOC will now pay to the county an amount not to exceed $152,100. The amendment allows the county to bill against that amount effective November 1, 2002 continuing to June 30, 2003.
      
      
      Commissioner Bischoff moved to approve Contract C2002-159 between Weber County (through Sheriff's Office) and the Administrative Office of the Courts-Ogden for building and perimeter security; Commissioner Cain seconded, all voting aye.
      
      
   2. Request for Approval of Contract with Stericycle, Inc. for Removal & Disposal of the Hazardous and Medical Wastes Generated by the Weber County Jail as Compliant with OSHA/EPA.
      This item was held.
      
      
   3. Disposition and Action on Delinquent Taxes with Subsequent Description Changes
      
      Roger Brunker, Weber County Tax Coordinator, stated that in July he had submitted to the Commission a list of properties that had delinquent taxes assessed under a deleted parcel number. These properties were insignificant in size and in the dollar amount of taxes due. At that time the county recognized that it was not cost effective to continue collection procedures on these parcels and authorized the County Treasurer to remove them from the tax rolls. Subsequently, Mr. Brunker began work on another set of parcels with similar characteristics. While the original parcel number was not deleted like those submitted in July, the original description of these delinquent parcels were now part of new properties that were subdivided out of the original parcel. The parcel description changed after the original delinquent year, leaving all or a portion of the new properties with a prior year delinquent tax obligation. Mr. Brunker had identified about 165 parcels which impacted over 200 other parcels. These were noticed on this year's tax notice. The tax amounts were generally between $10 and $50. The time and effort expended to collect these amounts would not be cost effective and he recommended authorization for the Treasurer's Office to remove them from the tax rolls. Additionally, Mr. Brunker asked that a smaller list of unique parcel situations (i.e., partially overlaps a number of other lots with homes, should not have a 1998 assessment) be deleted.
      
      
      Commissioner Cain moved to accept Roger Brunker's recommendation to take the action as represented on delinquent parcels and include removal of penalties and interest on properties where there had been no prior notification; Commissioner Bischoff seconded, all voting aye.
      
      
   4. Set Date of December 10, 2002 to Open the 2002 Budget to Make Certain Adjustments
      
      Alan McEwan, County Comptroller, presented this request to handle housekeeping-type budget changes.
      
      
      Commissioner Cain moved to set the date of December 10, 2002 at 2:00 p.m. to open the 2002 Weber County Budget to make certain adjustments; Commissioner Bischoff seconded, all voting aye.
      
      
   5. Resolution Appointing Commissioner Ken Bischoff as the Weber County Representative on the Utah Association of Counties Insurance Mutual Governing Board - Resolution 43-2002
      
      David Wilson, Deputy County Attorney, expressed appreciation to the commissioners for their support of this item to ensure that the three major counties with membership in the Insurance Mutual have representation. With the recent change to the by-laws these will have a guaranteed seat on the Board. This will become effective January 1, 2003.
      
      
      Commissioner Cain moved to adopt Resolution 43-2002 appointing Commissioner Ken Bischoff as the Weber County representative on the Utah Association of Counties Insurance Mutual Governing Board; Chair Burton seconded.
      
      Roll Call Vote
      Commissioner Cain. . . .aye
      Commissioner Bischoff. . .aye
      Chair Burton . . .aye
      
      
   6. Request for Consent to Sponsor Qualifying Applicants for CDBG Projects
      
      Several organizations would like Weber County to sponsor them. These include Catholic Community Services, Your Community Connection, Family Summit Foundation, Enable Industries, and CNA Educational Services, Inc. A signature from the chief official is required as part of the sponsorship and Dennis Richardson, County Engineering, stated that this consent item would allow the Commission to sponsor a qualifying organization, without having to approve each sponsorship in a commission meeting. As the sponsor, Weber County would go before WACOG for disposition of funding and whoever would be selected by WACOG's rating process would still need to come back before the County Commission at a public hearing for selection for the final application.
      
      
      Commissioner Bischoff moved to approve the Commission Chair to sign off on the pre-application for sponsoring qualifying applicants for CDBG projects on behalf of the county; Commissioner Cain seconded, all voting aye.
      
      
   7. Resolution Approving an Interlocal Agreement with the Wasatch Front Regional Council for Data and Assistance to WFRC in Updating the Weber County Consolidated Plan and Coordinating CDBG Program Requirements - Resolution 44-2002, Contract C2002-160
      
      Craig Barker, County Planning Department Director, stated that in the last meeting of the Council of Governments there had been $15,000 authorized to Weber County for aiding them in accomplishing some of their requirements, among which is the County Consolidated Plan that is a requirement of the CDBG process. Mr. Barker explained that the process required all cities to provide, as part of their applications, a public facilities plan and their expected public works projects over the next 4-5 years so that when their projects are considered under the CDBG application they will be included in the cities public works plan. This interlocal agreement recognizes the relationship that Weber County has with the WFRC, which is the agency that receives the money.
      
      
      Commissioner Cain moved to adopt Resolution 44-2002 approving an Interlocal Agreement, Contract C2002-160, with the Wasatch Front Regional Council for Weber County to receive $15,000 for assistance to WFRC in updating the Weber County Consolidated Plan and coordinating CDBG program requirements; Commissioner Bischoff seconded.
      
      Roll Call Vote
      Commissioner Cain. . . aye
      Commissioner Bischoff. . .aye
      Chair Burton . . .aye
      
      
   8. Final Approval of Amended Plat of Unit 1 and 5, Building 1 of Foxrun Business Condominiums
      
      Jim Gentry, County Planning Department, stated that this was an existing building in the Weber Industrial Park which was recorded as a condominium plat. The petitioner is amending the subdivision plat to divide Unit 1 into two units and Unit 5 from one unit into five condominium units. Mr. Gentry stated that the Planning Commission unanimously recommended approval of this item. Commissioner Cain asked if these condominiums would still meet the allowable square footage requirements and Mr. Gentry believed they did and stated that another building had this same plan.
      
      
      Commissioner Bischoff moved to grant final approval of the amended plat of Unit 1 and 5, Building 1 of Foxrun Business Condominiums; Commissioner Cain seconded, all voting aye.
   
   
7. Public Hearing
   1. Commissioner Cain moved to adjourn the public meeting and convene a public hearing; Commissioner Bischoff seconded, all voting aye.
      
      
   2. Public Hearing on Rezoning Request by Wolf Creek Resort to Rezone Property at 3400 North Wolf Creek Drive from Agricultural AV-3 to Commercial Valley Resort Recreation CVR-1 for Recreational Vehicle Storage
      
      Jim Gentry, County Planning Department, showed area maps and stated that Wolf Creek Resort wished to rezone approximately 1.2 acres of property from AV-3 to CVR-1 that is located by the sewer treatment ponds. There are a lot of P.R.U.D.s in the Wolf Creek development and they wish to store the larger recreational vehicles for their development. The proposed zone does not allow storage units for personal or household items and these units would be for recreational vehicles, whether inside or outside parking-type storage. This use requires a Conditional Use permit in the CVR-1 zone and the petitioner will have to go before the Planning Commission with a site plan. Mr. Gentry said that in Ogden Valley there was some existing commercial property already zoned CV-2 that allowed that type of use and some people at the Planning Commission meeting had pointed out that fact. Another concern had been that this location was at the entrance into Wolf Creek as well as into Patio Springs.
      
      Mr. Gentry addressed the commissioners' questions, including whether the petitioner had considered another area, if the commercially zoned property below had enough acreage suitable for large RV storage, and whether the questions in the Planning Commission minutes regarding the line of site at the road intersection had been resolved. He said that this location was lower than the road and the petitioner could berm it up, and because it is a UDOT road, UDOT would have to review it and their requirements would have to be met.
      
      Chair Burton invited public comments and the following persons addressed the Commission: Stephen Clarke, Eden resident and Eden Planning Committee Chair, stated this item had been the subject of considerable discussion by the Committee and other Eden residents and the consensus was that it was an undesirable use and this type of spot zoning was inappropriate where so many Eden residents would be affected. As a concerned citizen, Mr. Clarke asked that this not be approved, that an RV storage site would not be attractive to the Patio Springs and Wolf Creek areas many people had to drive by this spot everyday. He recommended that Wolf Creek look for a place for storage that was not so prominent. Commissioner Bischoff asked for suggestions of better uses for this property since it was located by sewer ponds, power lines and roads. Mr. Clarke said it was not clear that the sewer ponds were long-term as other types of sewage treatment were being considered and the property would be great as part of a park or common area. Chair Burton said the Planning Commission minutes indicated the petitioner had looked throughout their development area but could not find another location. He asked what were the residents to do with their recreational vehicles because on any given day one could find boats, trailers, etc. parked off the sides of the road or half way out of the parking lot, and with the connecting intersection just up the street these created a traffic hazard. Mr. Clarke said it had been suggested that the already commercially zoned area be used. While Wolf Creek does not own it, people agreed it would be a more desirable location.
      
      Gary Bingham, President of Patio Springs Home Owners Association and Eden Planning Committee member, stated he was only speaking on behalf of Patio Springs owners. Mr. Bingham said that the map shown at the last Planning Commission meeting did not reflect the intersection very well or how difficult it was to negotiate. He showed actual photographs of it pointing out the sharp, oblique angle intersecting the streets. A concern is that with the RVs coming out of Wolf Creek and making that hairpin turn to go down the other road would be hazardous. He said that there had been a field trip to the site, however, the one small RV that was there was not a good representation and added that there was a fair amount of ground in the existing commercially zoned area. Mr. Bingham said that a comment made at the Planning Commission meeting, possibly by Lowell Peterson, to the effect that they "had looked very hard to find a place, and to place such a storage facility on the confines of Wolf Creek would be an abomination" set very hard with Patio Springs' residents because if it was an abomination to park it inside of the Wolf Creek development then it certainly must be an abomination at the entrance to the Patio Springs neighborhood. Additionally, the residents felt that the proposed zoning was not consistent with the Ogden Valley General Plan and he read a portion of county Resolution 3-97 that commercial development should be balanced with residential growth and in a manner that did not detract from the area's general character. Mr. Bingham said that the Ogden Valley has a rural character which would be detracted from once vehicles were stored there.
      
      Steven Roberts, representing Wolf Creek, stated that this proposal included buildings for inside storage for boats or household goods, that it was not just for RV storage. Craig Barker, County Planning Department Director, pointed out that the zone would only allow RV storage and did not allow other storage. Mr. Roberts said that some of the reasons Wolf Creek had chosen this site included that people who stayed very short term would not want to drive (10 miles) to park their vehicles in Huntsville, that there was no adjacent property with residences, and it was the lowest point on their property, and they felt it would have the least impact. He added that they were sensitive to aesthetics, recognizing that it was the entry corridor into their project as well as to Patio Springs and were willing to work with the Planning Department to come up with an acceptable plan for the buildings, landscaping and berming the area. Chair Burton had heard a lot of concerns that the landscaping of the sewer ponds that was to have been done 15 years ago by Wolf Creek had not been done. Mr. Roberts said they had a lot of acreage and this commitment had been an oversight but that they had spent several thousand dollars recently to put in landscaping with irrigation. . John Lewis, developer in Ogden Valley (including Moose Hollow, Fairway Oaks, Elkhorn) and homeowner, stated that Moose Hollow had 60-65% out-of-state people that come there 2-3 weeks/year and said there was a great need for a site such as this proposal. However, he said that whatever was approved needed to be properly bonded, berm heights needed to be clarified and to have trees on top of those berms. He expressed confidence that Wolf Creek would do the project right.
      
      
   3. Commissioner Bischoff moved to adjourn the public hearing and reconvene the public meeting; Commissioner Cain seconded, all voting aye.
      
      
   4. Action on Public Hearing
      Rezoning Request by Wolf Creek Resort to Rezone 3400 N. Wolf Creek Drive from AV-3 to CVR-1 for Recreational Vehicle Storage - Ordinance 2002-26
      
      Commissioner Bischoff asked about specifying RV heights in the motion and that the storage be for RVs only. Mr. Barker said that items for storage were handled under the Zoning Ordinance and height of RVs could be addressed during the Conditional Use process. Commissioner Cain referred to the Planning Commission minutes that stated "this violates the Ogden Valley architectural and landscaping standards" and Mr. Barker said he did not know how the statement was possible because no plans had been addressed yet. Chair Burton asked about the current county regulations for RV storage in Ogden Valley and Mr. Barker said that it was allowed in a C-3 zone (but there were none in the Valley), in a manufacturing zone or a CRV zone. Mr. Barker believed it would be better to have one central location for RV storage and felt that storage could be prohibited on public roads through their CC&Rs. He said that this storage was not supposed to be open to the general public but was for Wolf Creek development residents/users only which he believed included Moose Hollow, Patio Springs, etc. As such, Mr. Barker did not believe it violated the Ogden Valley General Plan to have a facility for storage for residents/users of Wolf Creek. However, if this was not the case, the Commission needed to deal with the General Plan issue. He suggested that this issue be addressed in the commissioners' motion.
      
      Jeromy Williams, general contractor for Wolf Creek Resort and potential designer for this RV storage facility, stated that the 14 feet discussed in that Planning Commission meeting was to accommodate a garage door height, that the top of the structure height was closer to 18 feet. Commissioner Bischoff asked Mr. Williams if he would be comfortable with 18 ft. and he replied they would be comfortable with an 18 ft. building height.
      
      After hearing today's discussion, Commissioner Bischoff felt that with UDOT's involvement the road intersection would be resolved and that landscaping could be a requirement spelled out in a zoning development agreement to result in a site that would be acceptable to Wolf Creek and Patio Springs because it was an entrance to their property. Commissioner Cain said she agreed with approval of this item recognizing that the petitioner will go through the Conditional Use Permit process and that further definition requirements for the development will occur and completion of the zoning development agreement.
      
      
      Commissioner Bischoff moved to adopt Ordinance 2002-26, rezoning property at 3400 North Wolf Creek Drive from Agricultural AV-3 to Commercial Valley Resort Recreation CVR-1 and to approve it for recreational storage for the Wolf Creek development with the stipulation that it is for RV only, that the building height be limited to 18 feet and that it be spelled out specifically in the zoning development agreement as to the landscaping that is to be done; Commissioner Cain seconded.
      
      Roll Call Vote
      Commissioner Cain. . . aye
      Commissioner Bischoff. . . .aye
      Chair Burton . . . aye
   
   
8. Assign Pledge of Allegiance and Thought of the Day for Tuesday, December 10, 2002 at 2:00 p.m.
   
   
9. Public Comments
   There were none.
   
   
10. Adjourn
    Commissioner Cain moved to adjourn at 6:15 p.m.; Commissioner Burton seconded, both voting aye.