Minutes for 2004-06-29, 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: Commissioner Glen H. Burton, Vice Chair, and Commissioner Kenneth A. Bischoff. Commissioner Camille T. Cain, Chair, was excused and Vice Chair Burton conducted the meeting.

Others Present: Chris Allred, Deputy County Attorney; Margarit Nersisian, Clerk/Auditor's Office; Fátima Blackford, Clerk/Auditor's Office, took minutes.

A. Welcome by Commissioner Burton.
B. Pledge of Allegiance was conducted by Jim Gentry.
C. Thought of the Day was offered by Commissioner Burton.

D. Consent Items:
1. Purchase Orders 286,852.28
2. Warrants #189658 - #189949 in the amount of $1,417,809.81
3. Minutes of Regular Commission Meetings held on June 8 and June 22, 2004
4. Public Safety Retirement Incentive Agreement by and between Weber County and Rod Layton - Contract C2004-76
5. Severance Agreement by and between Weber County and Don Stouffers - Contract C2004-77

Commissioner Bischoff moved to approve the consent items; Commissioner Burton seconded, both voting aye.

E. Action Items:

1. Appointment of four (4) members to the Eden Park Service Area
a. Grant Weller, 2 year term to expire 12/31/06
b. Rodney Peterson, 2 year term to expire 12/31/06
c. Lisa Pack, 4 year term to expire 12/31/08
d. Sharon Vausse, 4 year term to expire 12/31/08

Commissioner Burton stated that this district had requested that the Commission make appointments to fill vacancies. He said the county had follow the process and received applications.

Commissioner Bischoff moved to appoint the following to the Eden Park Service Area: Grant Weller, 2 year term to expire 12/31/06; Rodney Peterson, 2 year term to expire 12/31/06; Lisa Pack, 4 year term to expire 12/31/08; and Sharon Vausse, 4 year term to expire 12/31/08; Commissioner Burton seconded, both voting aye.

2. Interim Appointment of five (5) members to the Liberty Park Service Area
a Michael Rhees
b. Kirk Migliori
c. Rory Tatton
d. Brent Johnson
e. Michael Loud

Commissioner Burton stated that this district had gone for a long time without appointments as the above item and requested interim appointments until the full process could be followed. The district submitted the above names.

Commissioner Bischoff moved to make the following interim appointments to the Liberty Park Service Area: Michael Rhees; Kirk Migliori, Rory Tatton, Brent Johnson, and Michael Loud; Commissioner Burton seconded, both voting aye.

3. Request to ratify tax sale properties

Margarit Nersisian, Clerk/Auditor's Office, stated there were five parcels to be ratified, that all had met the guidelines and all were purchased by the same company. They had not yet paid but the County Treasurer would be sending a letter requesting payment after ratification.

Commissioner Bischoff moved to ratify tax sale properties; Commissioner Burton seconded, both voting aye.

4. Contract by and between Weber County and the Utah Truck and Tractor Pullers, Inc., aka UTTPI, to have the truck pulls at the 2004 Weber County Fair - Contract C2004-78

No one was present to address this item. Chris Allred, Deputy County Attorney, stated he had reviewed the contract as well as items E.5. and E.6. and did not have any concerns. This standard contract is in the amount of $5,000.

Commissioner Bischoff moved to approve Contract C2004-78, contract by and between Weber County and the Utah Truck and Tractor Pullers, Inc., aka UTTPI, to have the truck pulls at the 2004 Weber County Fair; Commissioner Burton seconded, both voting aye.

5. Contract by/between Weber County & Leo Zelstra/Fresian Extravaganza, for the "Fresian Horse & Trade Show" to be held October 15-16, 2004 at the Golden Spike Event Center - C2004-79

See above item, E.4. This standard contract is in the amount of $7,400.

Commissioner Bischoff moved to approve Contract C2004-79, contract by and between Weber County and Leo Zelstra/Fresian Extravaganza, for the "Fresian Horse & Trade Show" to be held October 15-16, 2004 at the Golden Spike Event Center; Commissioner Burton seconded, both voting aye.

6. Contract by and between Weber County and Mr. Kaycee Simpson/S & T, Inc., for a televised "Ford PBR (Professional Bull Riders) Utah Challenger Series" event to be held July 9 - 10, 2004 at the Golden Spike Event Center - Contract C2004-80

See above item, E.4. This standard contract is in the amount of $1,400.

Commissioner Bischoff moved to approve Contract C2004-80, contract by and between Weber County and Mr. Kaycee Simpson/S & T, Inc., for a televised "Ford PBR Utah Challenger Series" event to be held July 9-10, 2004 at the Golden Spike Event Center; Commissioner Burton seconded, both voting aye.

F. Public Hearing

1. Commissioner Bischoff moved to adjourn the public meeting and convene a public hearing; Commissioner Burton seconded, both voting aye.

2. Public hearing on Zoning Ordinance, Chapter 38B, Sensitive Lands Overlay District

Kelly Grier, County Planning Department, stated this was the 18th draft of this ordinance. This Chapter was drafted as directed by the Ogden Valley and the West Central General Plans. All review agencies and committees had an opportunity to review this ordinance such as the Farm Bureau, County Commission, Planning Commissioners, Public Lands Advisory Council, Wildlife Resources, and their comments were incorporated. This ordinance was written into two parts: #1 - Mitigation of development impact on individual protected natural resources (includes stream corridors, wetlands, and critical wildlife/critical winter range areas) and #2 - includes view/entry corridors and agricultural lands. There is a section for variance and dispute procedures.  The ordinance is intended to identify and coordinate all natural and scenic resource protection guidelines and standards, balance the rights of individual property owners with the health/welfare/safety of the general public, as well as follow the vision/goals of the two General Plans. An information brochure had been produced for the public regarding landscaping for wildlife and other public service pamphlets were anticipated in order to help home and business owners assemble plans to protect Weber County's environment.

Both the Ogden Valley and the Western Weber County Township Planning Districts voted (4-2 &7-0, respectively) to recommend adoption of this ordinance. The concerns regarding the view/entry corridors had been corrected and now referred to the Ogden Valley General Plan's language. From the comments received, Hwy. 162 had been removed as an entry corridor, leaving Trappers Loop, North Ogden Divide, and Hwy. 39. Ms. Grier believed that the mouth of Ogden Canyon would be called out as an entry corridor and from there, continuing on Hwy. 39 up to the end of the Conservation Easement property, would be called out as a scenic corridor. She said that the accompanying maps to this ordinance would be presented at a later date. The commissioners pointed out how critical the exhibit maps were to the ordinance, that there weren't any defined descriptions as to where the called out corridors were, and that it was not prudent to approve this ordinance without reviewing them. Commissioner Burton said he didn't understand why Hwy. 158 had not been described as an entry corridor because it was an adjoining entry highway. He said there was potential for commercial development on the parcel adjacent to the National Forest Boat Ramp and Ms. Grier said she had been asked to omit it. He felt that Hwy. 162 and North Ogden Pass needed to be defined because they connected, and the beginning to the entry corridor from Trappers Loop at State Road 167 needed defining. Commissioner Burton asked for clarification for a setback from a road right-of-way (whether it was from center line or from full width). Commissioner Bischoff felt that the "required setback may be increased significantly... approved by the Planning Commission" gave too broad a discretion and needed to specify the conditions.

Commissioner Burton invited public comments and following is a summary: Ron Catanzaro of Huntsville expressed concerns that the Planning Commissions would recommend approval of the ordinance without a map, that the title of the ordinance was not more indicative of the subject (that he would not have known that it could affect his commercial development without the assistance of a friend), with the highway selection process, that setbacks could arbitrarily be increased significantly upon site specific recommendations at 100+ feet (he concurred with the current 100 ft. setback), traffic access only being off a road connecting to a main highway, that parking lots be located to the rear and side of buildings as feasible, and he asked what was a "walled effect"under the building setback section. He showed a redesign of his Edgewater Beach project and outlined how this ordinance would destroy the possibility of designing a viable project and asked that the Commission not approve these issues. He suggested that there be a notification process for commercial property owners. Commissioner Burton said that the ordinance could be clarified, and he pointed out that there were also public meetings and hearings through the Planning Commissions and the responsibility of individual property owners.

Dick Manley, representing the Eden Planning Committee, addressed the recommendation by the Ogden Valley Planning Commission regarding Hwys. 162 and 166 stating that said planning commission still believed that they passed a 100 ft. setback for all the other roads–that the change only affected Hwy. 39, giving them the opportunity to go beyond 100 ft. Mr. Manley referred to the ordinance language stating that the significant increase of setbacks were to be "recommended and approved by the Planning Commission and suggested that it state the County Commission was the approving entity. The Committee had concerns with approving the ordinance without its accompanying maps, with the 200 ft. setbacks (one from the river downstream from Pineview Reservoir, the other from Hwy. 39), with the significant setback impacts on some lots, and with the Variance section's language seeming that the chance for variance was difficult. He showed photographs of existing businesses, pointing out how the proposed setbacks and parking in the rear would make the property unusable and that exceptions would have to be made for all commercial lots along the main road. Mr. Manley had measured several properties and none would be usable under the current proposal with the 100 ft. setback.  Commissioner Burton indicated the 100 ft. setback did not only apply to commercial property. Mr. Manley said that most of the old houses in old Eden did not meet the 100 ft. setback requirements and owners who had not yet built would not be able to do so because they did not have the room. He said that in Eden virtually all commercial approved lots were fractions of acres, that it appeared the county's commercial ordinance did not require the 3-acre minimum.

Bruce Stratford, attorney involved in real estate development, stated that there was case law applying to municipalities that an ordinance could not be adopted without the critical map (which helps the public receive adequate notice of ordinances that may affect their property) and he asked that this mapping and ordinance process be made public. Commissioner Burton said that this process would be done in the Planning Commission meetings which were open to the public. Mr. Stratford felt there was some confusion at the Planning Commission level as to which roads were in or out of the corridors.

Paul Judd of Ogden Valley, said that he had spoken with hundreds of people but could not find anyone who knew of this item. He said that the meetings by the new Planning Commissions were hardly attended and no one knew of the issues. He suggested that notification letters to be sent to affected land serial numbers on an issue. Commissioner Bischoff said that the county posted meetings and agendas and published hearings in the newspaper and it was not feasible for the county to be responsible to determine which properties would be affected by every ordinance, and that the public had some responsibility. Mr. Judd expressed concern with the parking lots being recommended to the rear of properties and who would be doing the recommending because opinions varied. He had taken photographs of almost every community building and business in the Ogden Valley–and he showed some of them. Throughout the history of the Valley, parking has been in the front of the buildings. He had surveyed some of the rear parking in downtown Ogden and found it dark, dingy and unsafe. Additionally, he stated that even with the 100 ft. setbacks his commercial property would not be usable.

Mike Ostermiller, Chief Executive Officer of Weber/North Davis Association of Realtors, stated that their organization was involved with issues that had profound impact on private property rights and they felt this was one of them, which required certain types of berming, landscaping or fencing. But his main concerns involved two sections. Setbacks–when significant setbacks are required, the idea is that it will somehow enhance/benefit all the other property owners in the community, but this is done at the expense of a few property owners and they are inhibited from developing. He said that Park City had decided to either bond or increase taxes and give compensation (at fair market value) to those from whom the setback was being taken. Because 100 ft. of setback may financially devastate the smaller property owner and the ordinance lacked objectivity, Mr. Ostermiller wondered if there was a way to scale the setback and to say that a certain amount of property would not be affected or to spell out that under no instance would the setback exceed a certain footage. He said that the problem with recommendatory language in an ordinance, as in the parking lot section of this one, was that inevitably there would be conflicts between different parties about what was feasible. Perhaps removing the parking lot requirement would help the setback requirement–adequately screening the parking lot with vegetation could allow the parking lot to be located in the setback area, thus allowing an owner to build the same size building as planned. He strongly suggested adding language that the recommendation was not grounds for refusal of a permit. He said that the County Commission may be compromising private property rights to some extent but their guarantee was that they would do it to the minimum extent possible and would narrowly tailor it as tightly as they could to accomplish a public good; and that most of this ordinance did this.

3.Commissioner Bischoff moved to adjourn the public hearing and reconvene the public meeting; Commissioner Burton seconded, both voting aye.

4. Action on public hearing:

F.2. - Public Hearing - Sensitive Lands Overlay District of County Zoning Ordinance

Commissioner Burton said that the County Commission would notice this item as best as they could when it would be back on another public hearing to receive input.

 Commissioner Bischoff moved to table the sensitive lands overlay district item, referring it to County Planning and the legal department, pending additional input received, and the creation of maps; Commissioner Burton seconded, both voting aye.

G. Assign Pledge of Allegiance & Thought of the Day for Tuesday, July 6, 2004 at 10 a.m.

H. Public Comments:

Shana Francis commented on the simultaneous construction on the Ogden Canyon and the North Ogden Divide. She wanted to know if in the future there was a way to have some coordination so that one of them could be reopened for a period of time, and how would medical emergencies be handled. Commissioner Burton said that the county was fortunate to get UDOT funds because the county was outside of UDOT's planning area. The county received approximately $2.5-3 million for the North Ogden Pass, also received money to repair U39 across the Pineview Dam, and some rural road money to fix Hwy. 162 into Liberty in 2007. UDOT manages the projects. The county's request to UDOT's Region I director was that they try not to close those roads at the same time, however, this falls under federal guidelines, which UDOT has to meet. He said that at least they were repaving at night.

I. Adjourn
Commissioner Burton moved to adjourn at 11:46 a.m.; Commissioner Bischoff seconded, both voting aye.

Camille T. Cain,
Weber County Commission

Chair Linda G. Lunceford, CPO
Weber County Clerk/Auditor