Minutes for 2006-08-29, Direct pdf link.

MINUTES OF THE BOARD OF COMMISSIONERS OF WEBER COUNTY
Tuesday, August 29, 2006 - 5:30 p.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: Craig L. Dearden, Chair; Camille T. Cain; and Kenneth A. Bischoff.

Others Present: Linda G. Lunceford, Clerk/Auditor; David Wilson, Deputy County Attorney; Fátima
Fernelius, Clerk/Auditor’s Office, took minutes.

A. Welcome - Chair Dearden
B. Pledge of Allegiance - Linda Lunceford
C. Thought of the Day - Commissioner Bischoff

D. Consent Items:
1. Purchase Orders in the amount of $117,025.16
2. Warrants #216875 - #217209 in the amount of $1,597,327.79
3. Minutes for meeting held on August 22, 2006
4. Request from the Sheriff’s Office to surplus the following items:
9 file drawers; 2 typewriters; 3 file cabinets; 1 time clock
Commissioner Bischoff moved to approve the consent items as presented; Commissioner Cain
seconded, all voting aye.

E. Action Items:

1. Contract with Weber Basin Water Conservancy District to perform water
quality management, develop policies and plans for maintenance of water quality,
make recommendations to WACOG and adopt plans and programs relating to the
handling of storm water, waste water treatment and land use as they affect
water quality - Contract C2006-143

Chair Dearden stated that this was the annual contract renewal and the amount was $26,000. The
term is from January 1, 2007 to December 31, 2007.
Commissioner Cain moved to approve Contract C2006-143 by and between Weber County and
Weber Basin Water Conservancy District to perform water quality management, develop policies
and plans for maintenance of water quality, make recommendations to WACOG and adopt plans
and programs relating to the handling of storm water, waste water treatment and land use as they
affect water quality; Commissioner Bischoff seconded, all voting aye.

2. Final approval of the Ogden Valley Welfare Farm Subdivision, 2 lots, located at
approximately 6950 East Highway 39, in the Huntsville area, with a financial
guarantee of $284,094.75

Scott Mendoza, County Planning Department, stated that this subdivision was located about 1,000
ft. west of the Trappers Loop and Hwy. 39 intersection and was comprised of 10 acres. There will
be about 560 ft. of public road improvements. The Upper Valley Planning Commission
unanimously recommended approval.
Commissioner Bischoff moved to grant final approval of the Ogden Valley Welfare Farm
Subdivision, 2 lots, located at approximately 6950 East Highway 39, Huntsville, with a
$284,094.75 financial guarantee; Commissioner Cain seconded, all voting aye.

3. Request for approval of contract with Secure Alert to lease electronic monitor
equipment for correctional use on qualifying inmates

This item was held.

4. Appointment of one member to the Eden Cemetery District

Chair Dearden stated that two applications had been received. Commissioner Cain noted that
Ronnie Chambers had listed the Liberty Cemetery as a board he was either currently on or had
served on in the past and he also listed that board as the one he was interested in serving on. She
questioned if this application was for the Liberty Cemetery but this was not known.
Commissioner Cain moved to appoint James Robins to the Eden Cemetery District; Commissioner
Bischoff seconded, all voting aye.

7. Request for Approval of first reading of Weber County Tourism Tax Advisory
Board (WCTTAB) Recommendations

Kym Buttschardt, Chair of the WCTTAB, outlined its function and referred to its
recommendations before the Commission. She said that exciting things were happening in Weber
County relating to tourism and she thanked the Commission for their leadership in this effort. Ms.
Buttschardt stated that the WCTTAB funds were spent wisely and the entities receiving funds
greatly benefitted the community’s quality of life.

Ms. Buttschardt said that the WCTTAB supported increasing the Transient Room Tax and that
based upon input from area hoteliers, a 1.1% increase would allow them to maintain their
competitive edge. The WCTTAB recommended that the increased funds be used specifically for
new marketing for the county in the amount of $100,000 and $88,000 for the new Adventure
Cooperative Marketing Proposal and Ogden Valley Winter Transportation plan. After reviewing
the funding for each entity receiving tourism tax revenues (Ogden Eccles Conference Center,
Peery’s Egyptian Theater, Golden Spike Event Center, Ice Sheet & Ogden/Weber Convention and
Visitors Bureau) the WCTTAB recommended maintaining the current funding structure. The
WCTTAB also recommended that the Ogden/Weber CVB be the leader in facilitating and
promoting outdoor and general tourism efforts. Commissioner Cain noted that the WCTTAB
makes recommendations and the Commission has 30 days to respond.

5. Approval of first reading of an Ordinance re-enacting the imposition and
collection of Transient Room Taxes

David Wilson, Deputy County Attorney, stated that the title of this ordinance will be amended to
indicate that it is an increase in the transient room tax from 3% to 4.1%. He explained that these
funds were used for tourism related items and the legislature had approved the ability to impose
a tax of up to 4.5%.
Commissioner Cain moved to approve the first reading of the ordinance increasing the Transient
Room Tax; Commissioner Bischoff seconded, all voting aye.

6. Approval of the first reading of an Ordinance re-enacting the imposition and
collection of Tourism, Recreation, Cultural and Convention Taxes

David Wilson, Deputy County Attorney, presented the annual re-enactment of this ordinance. It
is for a 1% restaurant tax and a 7% leased vehicle tax (those leased for a shorter period than 30
days) and becomes effective January 1, 2007. Mr. Wilson had reviewed the statute and said that
no changes had been made this year.
Commissioner Bischoff moved to approve the first reading of the ordinance re-enacting the
imposition and collection of Tourism, Recreation, Cultural and Convention Taxes; Commissioner
Cain seconded, all voting aye.

F. Public Hearings:

Commissioner Bischoff moved to adjourn the public meeting and convene the public hearings;
Commissioner Cain seconded, all voting aye.
1.

2. Public hearing on Zoning Petition ZP #09-2006 by Wolf creek Properties to rezone
property at approximately 3718 N. Wolf Creek Drive form CV-2 to CVR-1, from
CV-2 to O-1 and from O-1 to CVR-1

Kevin Hamilton, County Planning Department, showed a concept development plan of this
proposal for a condo hotel on property that is part of the Wolf Creek Resort. Mr. Hamilton said
that this conformed to the Ogden Valley Master Plan in that it enhanced the quality of recreational
opportunities. About five years ago the petitioner had rezoned the property to CV-2 and at that
time entered into a Zoning Development with the County to allow them to build a condo hotel,
however, the condo hotel was not a permitted use in that zone. To change or amend a zone it
requires going through the zoning process and it invalidated that part of the Zoning Development
Agreement that listed uses that were not allowed in the CV-2 zone. The best way to accomplish
Wolf Creek’s goal was to go through this process of rezoning to CVR-1.

Mr. Hamilton addressed the commissioners’ questions. The proposed building for this site is over
the allowed height; it is proposed to be 44 ft. 9 inches. Neither zone accommodates the height
Wolf Creek needs but both zones allow it as a conditional use. The CVR-1, as a permitted use,
only allows 25 ft. height, the other zone has a permitted height of 35 ft. In similar cases in the past
the county has reviewed the location of proposed buildings in the CVR-1 zone and because of the
slope, has allowed the 25 ft. building height closer to the road with other buildings to not exceed
35 ft. towards the Pineview Reservoir. Mr. Hamilton stated that the Planning Commission
unanimously recommended approval of this item with the caveats that when the developer comes
for site plan approval that the Planning Commission address the issue of height and that the
developer not be held strictly to the architectural concepts. One of the concerns expressed by the
public at the Planning Commission meeting was building height, however, the property has a slope
and drops off to the east, thus the building will sit lower.

Bob Dyer, Director of Planning & Development for Wolf Creek Properties, stated that they wished
to build one 4-story condo hotel and the rezone request was only for that piece of ground where
it would be located. He said that the CVR-1 allowed the condo hotel as a conditional use with a
height greater than 25 ft. with approval by the Planning Commission. He displayed the 3-D
drawings that had been shown at the Planning Commission including views from Wolf Lodge,
Moose Hollow, Wolf Star, Worldmark, and from Wolf Creek Drive looking towards Snow Basin,
stating that the 3-D drawings illustrated that the property was down the hillside and would have
little to no impact. Mr. Dyer showed the area proposed to be rezoned to CVR-1 and two parcels
(slightly more than a tenth of an acre) which zoning will simply be switched with each other
because one of them would encroach into open space. Mr. Dyer said that the net change in open
space was zero.

3. Public hearing to discuss the tax rate for the Weber Area Dispatch 911 and
Emergency Services District

Chair Dearden, Chair of the Weber Area Dispatch 911 & Emergency Services District Board,
stated that this item was on the tax approved by voters at the tax rate of 0.000387. The taxes are
now diverted from the current municipalities to this special services district, and today’s item
certifies the tax rate. The tax rate approved to start the district was 0.000331 and the tax rate suggested for approval at
today’s public hearing was 0.000302. The commissioners emphasized that the tax had ben paid
to municipalities for the services and the municipalities had agreed to take that off their tax rate
in each city. This tax rate, along with Weber County’s certified tax rate, is lower than expected
because property values have increased. Debbie Mecham, Director of the Weber Area Dispatch
911 & Emergency Services District, had received telephone calls regarding this tax and the 911
telephone surcharge and wished to clarify that taxpayers were not being double taxed. She said
that the district’s total budget was about $4.3 million and the amount that this tax supported was
only about 54% of that entire amount; the 911 surcharge constituted the remaining.

4. Commissioner Cain moved to adjourn public hearings and reconvene the public meeting;
Commissioner Bischoff seconded, all voting aye.

5. Action on public hearings:

F.2. - Public hearing on Zoning Petition ZP #09-2006 by Wolf creek Properties
Commissioner Bischoff indicated the Commission’s intention to approve the rezone request by
Wolf creek Properties to rezone property at approximately 3718 N. Wolf Creek Drive form CV-2
to CVR-1, from CV-2 to O-1 and from O-1 to CVR-1, and moved to direct staff to prepare the
ordinance; Commissioner Cain seconded, all voting aye.

 

F.3. - Public hearing to discuss the tax rate for the Weber Area Dispatch 911 and
Emergency Services District
Commissioner Cain moved to approve the certified tax rate of 0.000302 for the Weber Area
Dispatch 911 and Emergency Services District; Commissioner Bischoff seconded, all voting aye.

G. Assign Pledge of Allegiance/Thought of the Day for Tues., September 5, 2006, 10 a.m.

H. Public Comments: None

I. Adjourn
Commissioner Bischoff moved to adjourn at 6:30 p.m.; Commissioner Cain seconded, all voting
aye.

 

Craig L. Dearden, Chair
Weber County Commission

Linda G. Lunceford, CPO
Weber County Clerk/Auditor