Minutes for 2008-01-15, Direct pdf link.
MINUTES
OF THE BOARD OF COMMISSIONERS OF WEBER COUNTY
Tuesday, January 15, 2007 - 10:00 a.m.
Commission Chambers, Weber Center, Ogden, Utah
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: Jan M. Zogmaister, Chair; Craig L. Dearden; Kenneth A. Bischoff.
Others Present: Alan D. McEwan, Clerk/Auditor; David C. Wilson, Deputy County Attorney; Fátima Fernelius, Clerk/Auditor’s Office, took minutes.
A. Welcome - Chair Zogmaister
B. Pledge of Allegiance - Fátima Fernelius
C. Thought of the Day - Commissioner Dearden
D. Consent Items:
1. Purchase orders in the amount of $2,618,609.72
2. Warrants #233133 - #233308 in the amount of $1,965,131.00
3. Minutes for the meetings held on December 6, 2007 and January 8, 2008
4. Set public hearing for February 5, 2008, 10 a.m., to amend the Weber County Zoning Ordinance, Chapter 37 Standards for Single Family Dwellings
5. New Beer Licenses
6. New Business Licenses
Commissioner Bischoff moved to approve the consent items; Commissioner Dearden seconded, all voting aye.
E. Action Items:
1. Approval of a recommendation from the Tax Review Committee to waive penalties on 16 2007 delinquent parcels
John Bond, County Treasurer’s Office, presented the Committee’s recommendation to waive the $10 penalty on each of 16 parcels. The office manager for John Hansen and Associates had prepared checks for about 100 properties in Weber County. She became ill and Mr. Hansen had a heart attack. An office assistant had been asked to get the checks from the office manager’s desk and deliver them to the County Treasurer but she had inadvertently left the check for this group of properties. Commissioner Bischoff asked if that check had the same date as the others and Mr. Bond responded that the office assistant had told him she had written all checks prior to 11/30/2007.
Commissioner Dearden moved to approve the request to waive penalties on 16 2007 delinquent parcels; Commissioner Bischoff seconded, all voting aye.
2. Action on a Site Plan Amendment for Edgewater Beach Resort P.R.U.D. (CUP 13-03), to add a garage with 4 parking areas in Phase 1, located at 6350 E. Highway 39
Sean Wilkinson, County Planning Department, showed a location map and rendition of the parking structure to be located in the parking area near the 4-plex building in Phase 1. It would be 11 ft. tall, contain approximately 1,500 sq. ft. (26X56) and resemble the 4-plex building in color and building materials. Mr. Wilkinson said that most of the buildings in the Edgewater Beach P.R.U.D. had underground parking but the 25 ft. high buildings were approved without underground parking. The other buildings (35 ft. high) had underground parking. He indicated that this amendment would conform to the General Plan by meeting the requirements of a P.R.U.D. as described in Chapter 22D-4 and Chapter 18-C and that it conformed to other restrictions placed on this project when it was approved in 2004.
On 12/10/2007 the Ogden Valley Township Planning Commission voted to deny this request because “it was not part of what was originally approved for this development.” Mr. Wilkinson stated that P.R.U.D. requirements for approval were very exact and Commissioner Bischoff asked why someone would petition for an amendment if it did not comply exactly with what had been approved. He also would have liked the reasons for denial by the Planning Commission to have been stated in their motion.
Mr. Wilkinson addressed the commissioners’ questions. He said that the Planning Commission had expressed concern with the design of the roof–that it was a bit flat–and that the Commission could stipulate any new conditions they deemed necessary. Commissioner Dearden noted that the Planning Commission had discussed landscaping at length and Mr. Wilkinson believed that it was because the existing building already blocked the view and another building would just add to the problem, however, the parking structure was 11 ft. high. This structure was to be located northeast of the building and others could potentially make this type of request. Mark Babbitt, of Great Basin Engineering, representing the petitioner, Ron Catanzaro, stated that in 2004 the County Commission had recommended a transition from the property to the west–where there was a large conservation easement–into this project; they had wanted the buildings lower along the highway and those could not have underground parking. Mr. Babbitt said that view blocking would be minimal, the road was at about 74-75 ft. elevation and the parking structure at about 60 ft., that the petitioner would not object to placing landscaping to soften and buffer the building, and that the roof was not flat but was designed to be low profile, and the petitioner could alter the roof but it would increase its height.
Because the structure did not block the views, the building materials were copacetic with the building, it provided covered parking, and there did not appear to be any negatives, Commissioner Bischoff moved to approve this site plan amendment for Edgewater Beach Resort P.R.U.D. (CUP 13-03) to add a garage with 4 parking areas in Phase 1 located at approximately 6350 E. Highway 39, with a landscaping design to be done in conjunction with the County Planning Department to soften the views; Commissioner Dearden seconded, all voting aye.
3. Contract with Ogden Nordic for Cross Country Track Grooming at the North Fork Park - Contract C2008-22
Jennifer Graham, Recreation Facilities Director, stated that this was a volunteer effort.
Commissioner Dearden moved to approve contract C2008-22 between Weber County and Utah Nordic Alliance (Ogden Nordic) for cross country track grooming at the North Fork Park ; Commissioner Bischoff seconded, all voting aye.
4. Request for approval of Contract with State of UT Administrative Office of the Courts for Court Security Services at District & Juvenile Courts
This item was held.
5. Resolution appointing a member to the Weber Morgan Health Department Board - Resolution 4-2008
David Wilson, Deputy County Attorney, stated that the county had received a letter from the Weber County Medical Society recommending that Dr. Frank Brown be reappointed to the Weber Morgan Health Department.
Commissioner Bischoff moved to adopt Resolution 4-2008 reappointing Dr. Frank Brown to the Weber Morgan Health Department Board for another 3-year term; Commissioner Dearden seconded.
Roll Call Vote:
Commissioner Dearden aye
Commissioner Bischoff aye
Chair Zogmaister aye
6. Contract with West Haven Special Service District to remit ownership, maintenance responsibilities and liability of the sewer within Wally’s Acre Subdivision 3 to the West Haven Special Service District - Contract C2008-23
Michael Tuttle, County Engineering Department, stated that West Haven Special Service District had approached the county and requested that the county change its original sewer design of a new section of sewer line installed in unincorporated Weber County to be lowered and constructed with a slope of 0.19% in order to better accommodate areas of development within West Haven City. The District received permission from the State to use those slopes and the county allowed the requested design, with responsibilities as outlined in the contract.
Commissioner Dearden moved to approve contract C2008-23 by/between Weber County and West Haven Special Service District to remit ownership, maintenance responsibilities and liability of the sewer within Wally’s Acre Subdivision 3 to the West Haven Special Service District; Commissioner Bischoff seconded, all voting aye.
7. Request for appointment of Election Poll Workers for the 2008 Western States Presidential Primary Election to be held on February 5, 2008
Alan McEwan, County Clerk/Auditor, presented the list of election poll workers for this upcoming election.
Commissioner Bischoff moved to approve appointment of election poll workers for the 2008 Western States Presidential Primary Election to be held on February 5, 2008; Commissioner Dearden seconded, all voting aye.
F. Public Hearings:
1. Commissioner Dearden moved to adjourn the public meeting and convene the public hearings; Commissioner Bischoff seconded, all voting aye.
2. Public hearing to amend the Weber County Zoning Ordinance, Chapter 23 Supplementary and Qualifying Regulations, Sections 23-8 Yards to be Unobstructed - Projections Permitted into Required Yards, 23-29 Large Accessory Buildings, and Section 23-32 Family Swimming Pools
Jim Gentry, County Planning Department Director, outlined the major changes. Section 23-8 was to clarify permitted encroachments into the required yard setbacks and to allow cantilevers to encroach into the rear yard. Section 23-29 would allow large accessory buildings over 1,000 sq. ft. to be closer than 100 ft. to the right-of-way. To resolve the concern relating to ascetics of metal buildings Mr. Gentry said that metal buildings over 1,000 sq. ft. closer than the 100 ft. to the right-of-way would be required to have the same architectural style and match the materials of the building. Section 23-32 would require that an outside family swimming pool be completely enclosed by a substantial fence of not less than 6 ft. in height. Both Planning Commissions had unanimously recommended approval of the proposed changes. Chair Zogmaister noted a word missing under 23-8(4). She invited public comments and none were offered.
3. Public hearing on request to vacate Green Hill Country Estates Phase 6 Lot 96 located at 1211 N. Maple Drive
Sean Wilkinson, County Planning Department, stated that lot 96 had recently been amended and recorded as a new subdivision called Green Hill Country Estates Phase 6 Lot 96 1st Amendment. The vacation of the original lot 96 was recommended by the County Planning Department and Recorder/Surveyor offices because it would reduce the potential for future errors. Chair Zogmaister invited public comments and none were offered.
4. Public hearing on request to vacate Sunridge Highlands No. 1 Lot 27 located at 11816 E. Hawk Point
Sean Wilkinson, County Planning Department, stated that this was a 1-lot subdivision and the issue was the same as for the above item, F.3, vacating the previous description of this amended subdivision.
5. Commissioner Bischoff moved to adjourn the public hearings and reconvene the public meeting; Commissioner Dearden seconded, all voting aye.
6. Action on public hearings:
F.2.-Public hearing to amend Zoning Ordinance, Chapter 23 - Ordinance 2008-1
Commissioner Bischoff moved to adopt Ordinance 2008-1 amending the Weber County Zoning Ordinance, Chapter 23 Supplementary and Qualifying Regulations, Sections 23-8 Yards to be Unobstructed - Projections Permitted into Required Yards, 23-29 Large Accessory Buildings, and Section 23-32 Family Swimming Pools; Commissioner Dearden seconded.
Roll Call Vote:
Commissioner Dearden aye
Commissioner Bischoff aye
Chair Zogmaister aye
F.3.-Public hearing to vacate Green Hill Country Estates Phase 6 Lot 96 - Ordinance 2008-2
Commissioner Dearden moved to adopt Ordinance 2008-2 vacating Green Hill Country Estates Phase 6 Lot 96 located at 1211 N. Maple Drive; Commissioner Bischoff seconded.
Roll Call Vote:
Commissioner Dearden aye
Commissioner Bischoff aye
Chair Zogmaister aye
F.4.-Public hearing on a request to vacate Sunridge Highlands No. 1 Lot 27- Ordinance 2008-3
Commissioner Bischoff moved to adopt Ordinance 2008-3 vacating Sunridge Highlands No. 1 Lot 27 located at 11816 E. Hawk Point; Commissioner Dearden seconded.
Roll Call Vote:
Commissioner Dearden aye
Commissioner Bischoff aye
Chair Zogmaister aye
G. Assign Pledge of Allegiance &Thought of the Day for Tues., January 22, 2008, 10 a.m.
H. Public Comments:
I. Adjourn
Commissioner Bischoff moved to adjourn at 10:40 a.m.; Commissioner Dearden seconded, all voting aye.
Jan M. Zogmaister, Chair
Weber County Commission
Alan D. McEwan, CPA
Weber County Clerk/Auditor