Minutes for 2004-04-20, Direct pdf link.
MINUTESOF THE BOARD OF COMMISSIONERS OF WEBER COUNTY
Tuesday, April 20, 2004 - 10:00 a.m.
Commission Chambers, Weber Center, Ogden, Utah
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: Commissioner Camille T. Cain, Chair, Commissioner Kenneth A. Bischoff and Commissioner Glen H. Burton.
Others Present: Linda G. Lunceford, Clerk/Auditor; Monette Hurtado, Deputy County Attorney. Fátima Blackford, Clerk/Auditor's Office, took minutes.
A. Welcome by Chair Cain
B. Pledge of Allegiance was conducted by Linda Lunceford
C. Thought of the Day was offered by Commissioner Burton
D. Consent Items:
1. Purchase Orders in the amount of $219,575.47
2. Warrants #187315 - #187596 in the amount of $1,670,948.50
3. Minutes of Regular Commission Meeting held on April 13, 2004
4. Request by the Health Department to Surplus Property to be transferred to the Midtown Community Health Center
Commissioner Bischoff moved to approve the consent items; Commissioner Burton seconded, all voting aye.
E. Action Items:
1. Resolution approving Interlocal Cooperation Agreement Ratifying the Participation of Weber County, Morgan County and Municipalities of Those Counties in the Weber-Morgan Health Department - Resolution 11-2004, Contract C2004-43
Gary House, Weber Morgan Health Department Officer, referred to the amended agreement before the Commission. In 2002 the Utah Legislature enacted a number of amendments to the Local Health Department Act (Title 26A of the Utah Code) and efforts were made over the last several months to incorporate those changes, which Mr. House highlighted. This agreement addresses the terms of the Health Board members (shortening from five to three years), the Health Officer's duties, strengthens the indemnification clause, and the departmental budget approval will now only be done by Weber County. Commissioner Burton said that the agreement clarified the WACOG appointment of an elected official.
Commissioner Burton moved to adopt Resolution 11-2004 approving Interlocal Cooperation Agreement C2004-43 ratifying the participation of Weber County, Morgan County and municipalities of those counties in the Weber-Morgan Health Department; Commissioner Bischoff seconded.
Roll Call Vote
Commissioner Bischoff aye
Commissioner Burton aye
Chair Cain aye
2. An Ordinance of Weber County Adopting Certain Restrictions Relating to the Use of Pineview Reservoir and Surrounding Areas - Ordinance 2004-7
Reed Richards, Deputy County Attorney, stated that this ordinance had been discussed between Weber County enforcement officials and the U.S. Forest Service for about one year and was a common sense approach to some of the problems encountered in their law enforcement efforts at Pineview Reservoir.
An additional provision, not included in this ordinance and still under discussion, deals with whether there should be an alcoholic beverages prohibition in certain parts of the reservoir area.
This ordinance regulates where a boat can be tied up to spend the night; establishes a quiet hour period; prohibits swimming, diving, and fishing off the various docks; prohibits dogs as well as glass on the beach area; prohibits open fires in beach areas unless contained in a Forest Service-provided inclosure; closes day use areas between 10 p.m and 6 a.m.; restricts camping except in designated areas; and makes it a Class C misdemeanor to violate any of these provisions. Mr. Richards noted that most of these items brought the county's ordinance in line with the existing Forest Service regulations and allowed the Sheriff's deputies to cite as a county violation rather than as the Forest Service's. He addressed the commissioners' questions regarding the alcoholic beverages issue. The county enforcement personnel felt that perhaps it would be sufficient to restrict it just for the Cemetery Point area and the Forest Service would like to restrict alcohol in all the beach areas. A meeting between the two groups to discuss this issue is scheduled in a couple of days.
Commissioner Burton moved to amend Weber County Title Ordinance 18, Parks, by adopting Ordinance 2004-7 adopting certain restrictions relating to the use of Pineview Reservoir and surrounding areas; Commissioner Bischoff seconded.
Roll Call Vote
Commissioner Bischoff aye
Commissioner Burton aye
Chair Cain aye
3. Emergency Trailers and Supplies Purchase Agreement between Weber County and Survival Solutions - Contract C2004-44
Reed Richards, Deputy County Attorney, stated that the county had done business with this company in the past relating to equipping 5 emergency trailers utilized in the emergency management of Weber County, and there had been some dispute over past business. Survival had submitted a bid on additional work for the county that it did not receive, and felt there was some question about the legitimacy of the transaction on which it bid. Rather than to let the dispute perpetuate, it was put into a written contract that the county would give them this business to clear misunderstandings between the two parties on prior negotiations. This contract provides that Survival will furnish the materials for the 11 additional trailers that the county is in the process of ordering. Mr. Richards noted that these would not be used in this county but the money came through Weber County, which was a conduit for the federal grant money. Mr. Richards explained that the grant was applied for as a region rather than as a county and a governmental entity had to do the accounting and reporting on the use of the money.
Commissioner Bischoff moved to approve Contract C2004-44,Emergency Trailers and Supplies Purchase Agreement between Weber County and Survival Solutions; Commissioner Burton seconded, all voting aye.
4. Ordinance Amending Township Planning Districts, Providing for the Appointment of Planning Commission Members, and the Setting of Other Relevant Procedures Thereof - Ordinance 2004-8
Monette Hurtado, Deputy County Attorney, had prepared this ordinance at the Commission's direction. Pursuant to Utah Code 17-27-200.5, the commissioners had reviewed the townships and made the decision that it was not advisable to continue their current existence and makeup. This ordinance creates two townships instead of the current makeup and Ms. Hurtado obtained the language for the jurisdictions from the County Surveyor. The descriptions will be as follows: "All land in the unincorporated area of the county from the mouth of Ogden Canyon, east, shall become the Ogden Valley Township Planning District" and "All land in the unincorporated area of the county, lying west of the mouth of the Ogden Canyon and all area west of the mouth of the Weber Canyon, shall become the Western Weber County Township Planning District."
The ordinance addresses the appointment process and representation of certain areas, which allows for an appointment preference in order to encourage geographic representation on each township board. All language relating to election of township members was eliminated because the only way in which persons could be elected was if they had been grandfathered from the original reconstituted townships under Chapter 308, Laws of Utah 1996. Since those townships will no longer exist, there will be appointments for all planning board members. This ordinance will become effective in 15 days, with the first meeting on the second Tuesday, May 11, 2004, to allow two final Planning Commission meetings.
The County Commission had requested that each township recommend two members to be appointed, but so far they had not been willing to vote for two, but had been willing to submit applications. The commissioners felt that it would be a good idea to advertise for members for the two townships.
Commissioner Bischoff moved to adopt Ordinance 2004-8amending Title 6 Section 21 of the Weber County Ordinances, Township Planning Districts, providing for the appointment of Planning Commission members, and the setting of other relevant procedures thereof; Commissioner Burton seconded.
Roll Call Vote
Commissioner Bischoff aye
Commissioner Burton aye
Chair Cain aye
5. Discussion and/or action to approve an agreement for a Feasibility Consultant as recommended by the Feasibility Consultant Selection Committee for proposed Eden incorporation - Contract C2004-45
Martin Moore, County Surveyor, stated that the Feasibility Consultant Selection Committee had determined that the proposal of Wikstrom Economic & Planning Consultants met the required guidelines and recommended that they do this feasibility study. Monette Hurtado, Deputy County Attorney, noted that Wikstrom had agreed to do the two alternatives for the same price, $15,000. Because there was a 1-month's delay in the appointment process to the Selection Committee, the county will give them another month to complete the study, and this extension will be included in the contract. Wikstrom had originally agreed to have the study completed by June 16th. Wikstrom has significance experience and has conducted feasibility studies for Hooper, Marriott-Slaterville, and Reese-Warren.
Commissioner Burton moved to approve Contract C2004-45,agreement for a feasibility consultant as recommended by the Feasibility Consultant Selection Committee for the proposed Eden incorporation; Commissioner Bischoff seconded, all voting aye.
6. Approval of Subcontractor Agreement between Weber County and Ogden-Weber Community Action Partnership (OWCAP)for CDBG application - Contract C2004-46
Dennis Richardson, County Engineering, stated that this year the county was sponsoring OWCAP for a CDBG grant and as part of their application process, the State required this Subcontractor Agreement. Mr. Richardson indicated this was a standard agreement similar to others the county has entered into with other sponsored non-profit agencies. He outlined the proposed use of the money by Community Action.
Commissioner Bischoff moved to approve Contract C2004-46, Subcontractor Agreement between Weber County and Ogden-Weber Community Action Partnership for a CDBG application; Commissioner Burton seconded, all voting aye.
F. Public Hearings
Commissioner Bischoff moved to adjourn the public meeting and convene the public hearings; Commissioner Burton seconded, all voting aye. 1.
2. Public hearing on Zoning Petition ZP #04-2004 by staff amending the zoning ordinance by changing language in Chapter 12B that allows water storage reservoirs developed by a public agency as a conditional use to match the other forest zones F-5, F-10, F-20, and F-40 which allows water pumping stations and reservoirs as a conditional use
Kevin Hamilton, County Planning Department, stated that this amendment was to change language in the FV-3 zone to allow water reservoirs and pumping stations as a conditional use. Currently, the FV-3 zone only allows water reservoirs when they are built in conjunction with a public agency. The county does not have an at-large water district. Other forest zones allow private individuals to construct water reservoirs. The three Planning Commissions with jurisdiction in the Ogden Valley unanimously recommended approval of this item. Chair Cain invited public comments and none were offered.
3. Public hearing on Zoning Petition ZP #03-2004 by staff amending Chapter 32B, Ogden Valley Signs of the zoning ordinance to allow entrance signs to commercial and manufacturing developments as a conditional use
Kevin Hamilton, County Planning Department, stated that currently the sign ordinance did not allow any off premise signs of any type for advertising commercial and manufacturing developments and there were some that sat off the main road and their patrons were having difficulty locating them. This ordinance allows such developments to have a sign on the main road to advertise the businesses in a commercial or manufacturing subdivision development. Mr. Hamilton said that the three Planning Commissions had unanimously recommended adding this as a conditional use in the Ogden Valley, provided they had an opportunity to review the signs. Petitioners will still have to meet sign requirements. Chair Cain invited public comments and none were offered.
4. Public hearing on a request to vacate the public utility easements between lots 36 and 37, and between lots 39 and 40, Durfee Creek Estates No. 2
Kevin Hamilton, County Planning Department, referred to agenda item G.1. whereby Durfee Creek Estates was combining five lots into three. In order to accomplish this, there was a public utility easement set aside for sewer that ran between two of the lots being vacated (between lots 36 & 37 and between lots 39 and 40). Mr. Hamilton indicated that the petitioner had obtained letters from the various utility easement companies stating the easements were not needed. He recommended the easements be vacated. Chair Cain invited public comments and the developer, Alan Carter, stated that the easements being vacated were strictly for sewer. Mr. Carter said that one person bought lots 36 and 37 and received a permit to build his home in the middle. The lot owners on either side of lot 39 wished to purchase lot 39 and split it in half. The sewer had already been installed and these easements would never be used. All the utility companies had written letters stating there was no need for the easements.
5.Commissioner Burton moved to adjourn the public hearing and reconvene the public meeting; Commissioner Bischoff seconded, all voting aye.
6. Action on public hearings:
F.2. - ZP #04-2004 amending the zoning ordinance by changing language in Chapter 12B - to allow water pumping plants & reservoirs as a conditional use - Ordinance 2004-9
Commissioner Bischoff moved to adopt Ordinance 2004-9 amending the Zoning Ordinance to allow "water pumping plants and reservoirs" as a conditional use in the FV-3 zone and eliminating "water storage reservoir developed by a public agency"; Commissioner Burton seconded.
Roll Call Vote
Commissioner Bischoff aye
Commissioner Burton aye
Chair Cain aye
F.3. - amending Zoning Ordinance, Chapter 32B, Ogden Valley Signs, to allow entrance signs to commercial and manufacturing developments as a conditional use - Ordinance 2004-10
Commissioner Burton moved to adopt Ordinance 2004-10 amending the Zoning Ordinance, Chapter 32B, to allow entrance signs to commercial and manufacturing developments as a conditional use; Commissioner Bischoff seconded.
Roll Call Vote
Commissioner Bischoff aye
Commissioner Burton aye
Chair Cain aye
F.4. - Vacating Easements between Lots 39 &40, and between Lots 36 & 37 of Durfee Creek Estates No. 2 - Ordinance 2004-11
Commissioner Bischoff moved to adopt Ordinance 2004-11 vacating easements between lots 36 & 37, and between lots 39 and 40 of Durfee Creek Estates No. 2; Commissioner Burton seconded.
Roll Call Vote
Commissioner Bischoff aye
Commissioner Burton aye
Chair Cain aye
G. Additional Action Item Resulting from Public Hearing No. F4
1. Final subdivision approval, Durfee Creek Estates No. 2 Amended, consisting of 3 lots at approximately 2100 East 6825 North
See item F.4. Kevin Hamilton, County Planning Department, stated that previously the property owner of lots 36 and 37 had received a building parcel designation to be able to build across the property lines. The owner of lot 40 and the owner of lot 38 wanted to split lot 39 between them. The Planning Commission unanimously recommended approval of this amended subdivision plat.
Commissioner Burton moved to grant final subdivision approval of Durfee Creek Estates No. 2 Amended, consisting of 3 lots at approximately 2100 East 6825 North; Commissioner Bischoff seconded, all voting aye.
H. Assign Pledge of Allegiance & Thought of the Day for Tuesday, April 27, 2004 at 10 a.m.
I. Public Comments: None.
H. Adjourn
Commissioner Burton moved to adjourn at 10:50 a.m.; Commissioner Bischoff seconded, all voting aye.
Camille T. Cain, Chair
Weber County Commission
Linda G. Lunceford, CPO
Weber County Clerk/Auditor