Minutes for 2009-08-11, Direct pdf link.

MINUTES
OF THE BOARD OF COMMISSIONERS OF WEBER COUNTY
August, 11, 2009 - 10:00 a.m.
Commission Chambers, 2380 Washington Blvd., 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: Craig L. Dearden, Chair, Jan M. Zogmaister and 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 Dearden
B. Pledge of Allegiance - Rob Scott
C. Thought of the Day - Commissioner Bischoff

D. Consent Items:
1. Purchase Orders in the amount of $356,672.58
2. Warrants #252930 - #253151 in the amount of $1,826,068.23
3. Set public hearing for September 8, 2009, 10 a.m., to consider rezoning property from CVR-1 & AV-3 to CV-2 for the purpose of expanding the Wolf Creek RV Storage Facility
Commissioner Bischoff moved to approve the consent items but moving the public hearing from September 1 to September 8, 2009; Commissioner Zogmaister seconded, all voting aye.

E. Action Items:

1. Contract with Civil Science, Inc., to perform preliminary engineering, environmental review, design engineering and bid document preparation - Contract C2009-136

Mike Tuttle, County Engineering, said that the county had been awarded federal funds for State Road SR-158, which is a UDOT road, and this project (i.e., guard rail, turn lanes) was being done through the UDOT process. The State is providing all matching funds and no funds will come from the county. Chair Dearden asked that the Commission be given updates on the project.
Commissioner Zogmaister moved to approve Contract C2009-136 with Civil Science, Inc., to perform preliminary engineering, environmental review, design engineering and bid document preparation; Commissioner Bischoff seconded, all voting aye.

 

2. Resolution of the Commissioners of Weber County appointing a member to the Western Weber County Planning Commission - Resolution 24-2009

Rob Scott, County Planning Division Director, stated that this item had been advertised twice and one application had been received. Commissioner Bischoff asked Mr. Scott to report on his request to have a discussion with Ms. Meibos about the appointment. Mr. Scott said that he had reviewed with Ms. Meibos the role and responsibilities of a Planning Commissioner and also talked about some of the upcoming projects. Commissioner Zogmaister noted that it had been expressed that Reese residents wanted representation and she wanted to ensure that as a Planning Commissioner Ms. Meibos understood that she has to represent everyone and would need to be impartial. Mr. Scott responded that he and Ms. Meibos had that conversation and she understood.
Commissioner Bischoff moved to adopt Resolution 24-2009 appointing Brenda Meibos to the Western Weber County Planning Commission; Commissioner Zogmaister seconded.
Roll Call Vote:
Commissioner Zogmaister aye
Commissioner Bischoff aye
Chair Dearden aye

 

3. Request to proceed with improvements to & operation of the Weber County Animal Shelter as set forth in that certain Interlocal Agreement dated 12/9/2008
This item was held.

4. Resolutions of the Commissioners of Weber County appointing members to the Weber County Library Board - Resolution 25-2009 & Resolution 26-2009

Commissioner Zogmaister, who sits on this Board, stated that many applications had been received to fill the vacancies. Karen Leonardi had agreed to serve another term and the board had recommended appointing LaWanna Shurtliff to fill an expired term of another Board member.
Commissioner Zogmaister moved to adopt Resolution 25-2009 appointing LaWanna Shurtliff to the Weber County Library Board with a term expiring 6/30/2013; Commissioner Bischoff seconded.
Roll Call Vote:
Commissioner Zogmaister aye
Commissioner Bischoff aye
Chair Dearden aye

Commissioner Bischoff moved to adopt Resolution 26-2009 reappointing Karen Leonardi to the Weber County Library Board with a term expiring 6/30/2013; Commissioner Zogmaister seconded.
Roll Call Vote:
Commissioner Zogmaister aye
Commissioner Bischoff aye
Chair Dearden aye

 

5. Contract with Ogden City Parks for trail access to construct a tunnel at Fisher King Wetlands - Contract C2009-137

Jennifer Graham, Recreation Facilities Director, stated that this allows Ogden City to access a portion of the Centennial Trail at Fort Buenaventura (from A Avenue onto the former landfill site and down to the trail near the wetlands) to connect the trail under the Railroad lines at the south end of the county property.
Commissioner Zogmaister moved to approve Contract C2009-137 with Ogden City Parks for trail access to construct a tunnel at Fisher King Wetlands; Commissioner Bischoff seconded, all voting aye.

6. Approval of a legal services agreement retaining special council to represent Weber County in litigation seeking damages, attorneys’ fees, costs and all other appropriate relief for non payment or under payment to the county of transient occupancy taxes by online booking companies - Contract C2009-138

Monette Hurtado, Deputy County Attorney, explained that when a consumer reserves a room online, that person is being charged the transient room tax at the retail price but when the company sends that amount to the county, they are reducing it down to the wholesale price. The county is concerned with that misrepresentation to customers and also that it is not receiving the full entitlement.

Ms. Hurtado stated that this was occurring in several other states (in California, San Francisco received recovery of approximately $35 million). Salt Lake County approved a similar agreement last week. She noted that this contract was with Special Counsel from a firm in Texas, specializing in this issue, and the more counties that participate in litigation, the more significantly it reduces the cost. Ms. Hurtado had contacted Summit County, which plans to approve this contract later this week. Utah County and Washington County have expressed an interest. Compensation is on a contingency fee basis and Weber County will pay 30% out of any recovery.

Commissioner Bischoff asked how long this issue had been occurring and Ms. Hurtado said that they were looking at about four years and if the county is successful, Special Counsel had made it clear that recovery would be from 2009 back, thus any recovery received in 2010 would not be subject to any attorney’s fees or costs.
Commissioner Bischoff moved to approve Contract C2009-138 with McKool Smith, P.C., legal services agreement retaining special council to represent Weber County in litigation seeking damages, attorneys’ fees, costs and all other appropriate relief for the non payment or under payment to the County of transient occupancy taxes by online booking companies; Commissioner Zogmaister seconded, all voting aye.

 

F. Public hearings:

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

2. Public hearing regarding amendments to the Weber County Zoning Ordinance Chapter 23 (Supplementary and Qualifying Regulations), Chapter 32 (Signs), Chapter 1 (General Provisions), and numbering changes in several other chapters

Sean Wilkinson, County Planning Division, stated that he had presented this item on 7/21/2009 and today was presenting the requested amendments. The first was in former Chapter 23-8 (now 23-2, Projections Permitted into Required Yard Setbacks), and the language now states that setbacks for all buildings are measured from the property line to the outermost surface of a building’s foundation wall. A clarification was made that an attached garage is part of the single family dwelling and setbacks are to be measured as if it was part of the single family dwelling. Staff also determined that it would not regulate temporary above ground swimming pools that people put up during the summer and then take down but will continue regulating permanent in-ground pools. These proposed changes had been presented to David Wilson, Deputy County Attorney, and Ernest Rowley, County Recorder/Surveyor, who felt they were adequate. Chair Dearden invited public comments and none were offered.

3. Public hearing requesting to amend the Zoning Ordinance by eliminating Chapters 4 (Gravel Zone G-1), 9 (Forest Recreation Zone FRC-1), 9B (Commercial Resort Recreation Zone CR-1), 16 (Residential and Office Zone R-4), 19 (Planned Commercial Zones C-1P, C-2P, C-3P), and 33 (Flood Plain Zone FP-1); and eliminate the RE-20S Zone from Chapter 3 (Residential Estates Zones RE-15, RE-20, RE-20S); eliminate the F-20 Zone from Chapter 8 (Forest Zones F-5, F-10, F-20, F-40); and eliminating the R-1-6, R-1-8, R-1-12.5 Zones from Chapter 10 (Single Family Residential Zones R-1-12.5, R-1-12, R-1-10, R-1-8, R-1-6) of the Zoning Ordinance; and amend the Zoning Ordinance, Chapter 2 (Zones and Districts); and rezone property located at approximately 588 E North Street from R-1-6 to RE-15; and rezone property located at approximately 550 E North Street from R-1-6 to RE-15; and rezone property located at approximately 2730 Mountain Road from R-1-12.5 to A-1; and rezone property located at approximately 4050 S 2500 W from R-1-8 to M-1; and rezone property located at approximately 435 Ogden Canyon Road from CR-1 to CVR-1; and rezone property located at approximately 5100 N Shaw Drive from G-1 (aka S-1G) to AV-3

Justin Morris, County Planning Division, stated that this item was to streamline the Zoning Ordinance. Many of these zones were created in the 1960's-1970's when unincorporated Weber County was larger but parts have now been incorporated into cities. Mr. Morris said that this item essentially amends Chapter 2, Zoning Table of Contents, and eliminates 13 zones, most of which are not in use (and about half are their own chapters):
Residential Estates RE-20S: created as part of the Marriott-Slaterville General Plan; there are no properties in this zone.
Gravel Zone G-1: one property is currently zoned G-1 but is not being used for gravel operations.
Forestry Zone F-20: created in 1972 and is not in use.
Forest Recreation Zone FRC-1: not in use.
Commercial Resort Recreation Zone CR-1: was modified and incorporated into the CVR-1 Zone.
Residential Zones R-1-6, R-1-8 and R-1-12.5: only R-1-12.5 is being used by one parcel.
Residential Zones R-4 5: multiple families and large office buildings and is not in use.
Planned Commercial Zones C-1P, C-2P and C-3P: not in use; was initially created for a mall.
Flood Plain Zone FP-1: not in use.

Mr. Morris briefly addressed each zone including that the G-1 Zone (in Liberty) was proposed to be eliminated and was not being used for gravel operations. This property was rezoned in 1972 to G-1 for excavation. If the petitioner is still using it for gravel purposes and there is a business license, it will be a legal nonconforming use. No business license or site plan has been approved for this gravel operation since 1972. He recommended that the property be zoned AV-3 and that all uses (permitted and conditional) in the G-1 Zone be allowed in the G-2 Zone. For this proposed rezoning, as well as the others, if a use is currently in use, it will be grandfathered in. Mr. Morris addressed Commissioner Zogmaister’s question about the elimination of the G-1 Zone and its rezoning to AV-3. If it fails to operate as a gravel pit, the petitioner cannot reopen it as a gravel pit, unless it is rezoned.

Currently, the Alaskan Inn in Ogden Canyon is the only parcel with the Commercial Resort Recreation Zone CR-1. All other CR-1 property in the Ogden Valley was zoned CVR-1. The Inn would be allowed as a conditional use in the CVR-1 as the use was also a conditional use in the CR-1 Zone.

Both the Western Weber County and the Ogden Valley Planning Commissions recommended approving the rezones, eliminating the zones, and amending Chapter 2. Chair Dearden noted that there were no comments from the public in the Planning Commissions’ minutes and Mr. Morris said that was correct and that notices for this meeting had been sent to all appropriate property owners.

Chair Dearden invited public comments:
Jerald Engstrom, stated that he was the substitute attorney for Reed Richards, the attorney for Clair Shaw who was recuperating. Mr. Engstrom stated that Mr. Shaw had assured him that either Mr. Shaw or people with his permission had taken gravel out of the pit and that he never charged them. Mr. Shaw’s goal was to take the gravel out of the hill so that it could be level with the rest of his farm and he could farm it. Mr. Shaw prefers, even if the zone is changed, that he be recognized as being grandfathered in so he can continue to remove the gravel and Mr. Engstrom asked in Mr. Shaw’s behalf for this to be done.

David Wilson, Deputy County Attorney, said that the Planning Division needed to review this issue to see if Mr. Shaw’s operation qualifies as a gravel pit if he is not selling gravel. Mr. Morris said he would study the Zoning Ordinance but it possibly could be classified as a site level operation. Mr. Engstrom will work with Mr. Morris to resolve the issue. Commissioner Bischoff noted that if the rezone was approved, and Mr. Shaw leveled the operation, it would have no bearing on the gravel pit, but if Mr. Shaw wanted to go into a commercial enterprise then he would be prohibited if this ordinance was adopted. Mr. Morris had the original file and stated that in the application it had been portrayed as a temporary commercial use. Commissioner Zogmaister asked about rezoning the property to G-2. Mr. Wilson recommended getting a clear answer from the Planning Division on whether Mr. Shaw can continue to remove gravel without his commercial operation, which seemed to be Mr. Shaw’s concern if this zoning is approved. The section dealing with the G-1 Zone will be addressed at a later date.
4.Commissioner Bischoff moved to adjourn the public hearings and reconvene the public meeting; Commissioner Zogmaister seconded, all voting aye.

5. Action on public hearings:

F.2. - amendments to Zoning Ordinance Chapter 23, Chapter 32, Chapter 1, and numbering changes in several other chapters - Ordinance 2009-14
Commissioner Bischoff moved to adopt Ordinance 2009-14 amending the Weber County Zoning Ordinance Chapter 23, Supplementary and Qualifying Regulations, and changing references to Chapter 23 in other chapters in order to match the amended numerical order in Chapter 23; amending Chapter 32, Signs, to include new language which was removed from Chapter 23; and amending Chapter 1, General Provisions, to include a definition for “Solar Energy System;” Commissioner Zogmaister seconded.
Roll Call Vote:
Commissioner Zogmaister aye
Commissioner Bischoff aye
Chair Dearden aye

 

F.3. - amendments to Zoning Ordinance by eliminating Chapters 4 (Gravel Zone G-1), 9 (Forest Recreation Zone FRC-1), 9B (Commercial Resort Recreation Zone CR-1), 16 (Residential and Office Zone R-4), 19 (Planned Commercial Zones C-1P, C-2P, C-3P), and 33 (Flood Plain Zone FP-1); and eliminate the RE-20S Zone from Chapter 3 (Residential Estates Zones RE-15, RE-20, RE-20S); eliminate the F-20 Zone from Chapter 8 (Forest Zones F-5, F-10, F-20, F-40); and eliminating the R-1-6, R-1-8, R-1-12.5 Zones from Chapter 10 (Single Family Residential Zones R-1-12.5, R-1-12, R-1-10, R-1-8, R-1-6) of the Zoning Ordinance; and amend the Zoning Ordinance, Chapter 2 (Zones and Districts); and rezone property located at approximately 588 E North Street from R-1-6 to RE-15; and rezone property located at approximately 550 E North Street from R-1-6 to RE-15; and rezone property located at approximately 2730 Mountain Road from R-1-12.5 to A-1; and rezone property located at approximately 4050 S 2500 W from R-1-8 to M-1; and rezone property located at approximately 435 Ogden Canyon Road from CR-1 to CVR-1; and rezone property located at approximately 5100 N Shaw Drive from G-1 (aka S-1G) to AV-3 - Ordinance 2009-15
Commissioner Zogmaister moved to adopt Ordinance 2009-15 amending the Weber County Zoning Ordinance as follows: eliminating Chapters 9, 9B, 16, 19 and 33; eliminating the RE-20S Zone form Chapter 3, eliminating the F-20 Zone from Chapter 8, and eliminating the R-1-6, R-1-8, and R-12.5 Zones from Chapter 10; amending Chapter 2; rezoning property at 588 E. North Street from R-1-6 to RE-15, rezoning property at 550 E. North Street from R-1-6 to RE-15, rezoning property at 2730 Mountain Road from R-1-12.5 to A-1, rezoning property at 4050 S. 2500 W. from R-1-8 to M-1, and rezoning property at 435 Ogden Canyon Road from CR-1 to CVR-1; removing all references to the RE-20S, F-20, FRC-1, CR-1, R-1-6, R-1-8, R-1-12.5, R-4, R-5, C-1P, C-2P, C-3P, and FP-1 Zones; with the exception of the G-1 Zone section as discussed above” Commissioner Bischoff seconded.
Roll Call Vote:
Commissioner Zogmaister aye
Commissioner Bischoff aye
Chair Dearden aye

 

G. Assign Pledge of Allegiance & Thought of the Day for Tuesday, August 18, 2009, 10 a.m.

H. Public Comments:

Dave Nielsen, resident of Wolf Lodge Condominiums, stated that Bruce Peterson and Lyle Snyder, owners of LaPlata Ranch, had requested he give a copy of an article from the New York Times a few months ago highlighting Powder Mountain.

I. Adjourn
Commissioner Bischoff moved to adjourn at 10:57 a.m.; Commissioner Dearden seconded, all voting aye.

Craig L. Dearden, Chair
Weber County Commission
Alan D. McEwan, CPA
Weber County Clerk/Auditor