Minutes for 2003-05-06, Direct pdf link.

A. Welcome by Vice Chair Cain.

B. Pledge of Allegiance was conducted by Patty Burton.

C. Thought of the Day was offered by Commissioner Burton.

D. Consent Items:


1. Purchase Orders in the amount of $85,559.22.
2. Warrants #175606 - #175808 in the amount of $769,317.27.
3. Minutes of meeting held on April 29, 2003.


Commissioner Burton moved to approve the consent items, holding the minutes; Commissioner Cain seconded, both voting aye.

E. Non-Action Items:


1. Discussion regarding the West Central Weber General Plan
   
   Ted Knowlton and Tim Watkins of Envision Utah presented this item as outlined in their memorandum to the Commission of the next possible steps to successfully conclude the West Central Weber General Plan process. Mr. Knowlton stated that there were specific recommendations about how the plan document might change in order to better suit the political climate and the feedback from those who participated in the process. Today they desired to discuss the resources that the Nature Conservancy and Envision may have that might address any shortcomings, to obtain the Commission's input and try determining the direction to proceed.
   
   Mr. Watkins reviewed the memo that included a table with suggestions centered around public education and educational strategies for various issues including growth costs, the future quality of life relative to the present growth policy, cluster development and open space maintenance, the future of agriculture, large lots (1-3 acres minimum), and educating the Planning Commissions in the study area. The plan's draft explored future growth in the townships of Reese, West Weber, Warren, and Weber, the community of Taylor and the remaining unincorporated area of west Weber County. In recent public hearings focused on that draft, residents of the area expressed a variety of concerns regarding proposed alternative growth strategies and appeared to be split on the proposal to preserve the rural character and farmland while accommodating anticipated growth. Most seemed to want little or no change from the current zoning. The plan has a 20-year growth projection of 575 households, relative to a land supply of 28,000 acres of agricultural land, 20,000+ acres zoned as manufacturing, and a planning area over 98,000 acres. If 575 households were to develop at 1 unit per 2 acres over 20 years, about 1,150 acres would be developed, however, the region's growth could experience a surge before the 20-year time period.
   
   The state and federal waterfowl management areas along the Great Salt Lake shore lands and near wetland areas account for 45% of the total planning area.
   
   Some of the current perceptions presented by Mr. Watkins included: the desire to maintain current large lot zoning, concern that growth will mean more taxes, that the existing zoning was considered sufficient to maintain the rural character, that agriculture was an industry in demise, that many residents hoped that limited growth would occur, and that a low density dispersed growth pattern would remain intact.
   
   The following is a summary of Envision's recommendations for the plan after receiving public feedback:
   
   
   • Economic incentives for cluster development should be researched and were recommended. Additional incentives could encourage groups of property owners to cluster combined development rights and create larger, more productive open space preserves. Additional smaller lots may be required to match or exceed the same profit margin achievable with larger lot development. The county could encourage and specify non-adjacent parcels to be clustered as a simplified form of TDRs which would allow partnerships to TDRs to an area more appropriate for development without having to purchase the development rights on the market;
     
     
   • A policy of no new roads to be serviced could support the county's goal of reducing service costs to residents in the area. This policy could require all new roads budding off of existing rural roads to be private drives and the homes would be required to deliver their garbage to group garbage bins on public right-of-ways. Bus routes and bus stops would remain on public roads and road maintenance would be the liability of homeowners fronting the drives. Private drive homes would be serviced by county emergency services;
     
     
   • Change terminology from transfer of development rights to transfer of density (suggested by county staff). The county could invest in infrastructure located in receiving zones to encourage density transfers within them. This initial investment could yield significant savings over time as growth costs would be reduced by a more efficient development pattern;
     
     
   • A down-zoning to a sliding scale agricultural zoning would create strong incentive to sell development rights if TDR's could be sold at the region's original zoning density of 1, 2, or 3 units per acre. Farmers might be able to continue investing in agriculture after selling development rights to receiving developers;
     
     
   • Sliding scale agricultural zoning be based on a percentage of parcel size rather than a set number of units per acre to encourage small tracts of land in the agricultural zone that are difficult to farm to convert to housing. It also encourages larger parcels to remain in agricultural production (i.e., 0-15 acres, 1 to 2 units; 15-40 acres, 2 to 4 units; 40-80 acres, 4 to 6 units).
   
   Commissioner Burton felt that perhaps there would be challenges concerning incentives, which he believed would need to be increased in order to entice developers, and to preserve the farmland. Additionally, he felt there would be concerns related to sewer and clustering as well as road servicing. He supports preservation of agriculture and also that developers be able to cluster economically. Chair Cain said that County Planning staff was working on cluster development incentives and Mr. Knowlton offered Envision's assistance. He asked if the document adequately represented the will of the people which it represented, if the general outlined strategies were a good fit for the area, if it met education goals for landowners, Planning Commissions, and other groups, and after the plan was completed, how would it be implemented. He said that besides working on conservation subdivisions, a potential next step might be to look at transfer of development rights, obtaining the assistance of a consultant to help craft a sound ordinance and system that adequately compensated and encouraged landowners in this process. The commissioners felt that generally there had been good participation in the public process. They sincerely thanked Envision and the homeowners who are active in the process. They felt that the document and its strategies were not flexible enough to allow moving forward through time.
   
   They expressed that this opportunity for planning west Weber County was one that needed to be done carefully and thoughtfully to make certain that it offered flexibility to those who chose to exercise new types of development tools, assuming that this be balanced. The Commission strongly respects private property rights. They would like to see Envision and The Conservancy in a facilitative role to assist with resources to properly use the wonderful ideas coming from the community. Envision would like to bring land owners to their training sessions who have experienced these tools and have seen different sides of regulatory or market strategies so that landowners have an opportunity to ask any questions they may have. He asked how to proceed and outlined some possibilities including: identify with the Commission priorities in terms of training sessions; develop a shore lands plan; and get some expertise onboard to help craft specific conservation subdivision and transfer of development rights programs. Chair Cain recommended Envision work with County Planning staff with some of those ideas as goals and to develop time lines. She stated it would be helpful for the Commission to see the comparison of the existing document with what options Envision might suggest and to bring this item before the Commission for later action.
   
   Amanda Eyre, Director of Government Relations of The Nature Conservancy District of Utah, stated that The Conservancy would be very willing to work with the county and the communities in the process if the Commission was interested in looking at the resource of the Great Salt Lake and the agricultural buffer to the Lake. The Conservancy's interest for 20 years has been to make sure that the Lake maintains its viability as one of the most critical migratory bird stops in the world, which includes maintaining a contiguous management and value of the shore lands. Ms. Eyre listed other Utah counties that are developing their shore lands plan. She stated that the Utah Conservation Mitigation Commission had a strong interest in this plan and was willing to commit some funds to handle the base data gathering and community education. Chair Cain asked if The Conservancy had an opportunity to look at the actual county boundaries and shoreline and if they knew how much land was involved. Ms. Eyre said that their GIS staff was working on it. She stated that from the information she gathered from Mitigation Commission and others, who had been looking at the resources, they felt that even though a lot of the land was public and a lot of it was in the ownership of gun clubs, etc., it was worth taking a closer look at what the actual boundaries were, what sort of buffer there should be, etc. She hoped to have this information in the next month to the Commission. Chair Cain asked if Ms. Eyre felt there was adequate funding outside of county resources to be able to give the county enough data and Ms. Eyre indicated that there should be enough funding through the Mitigation Commission.
   
   
2. Washington Update from Senator Orrin Hatch's Office
   
   Marreen Casper from Senator Hatch's office stated that the Senator had asked that she meet with county commissions to report on his activities. She stated that the Senator wanted to be aware of their needs and to receive input from the commissioners. Ms. Casper said that at present his main focus was the judicial nominations, several seemed controversial and were taking some time. The staff is working on an energy policy, on Medicare and Medicaid and prescription drugs. The Senator has passed a child-protection act. Commissioner Burton stated that the Senator's position on Hill Field Air Force Base was very important to the Commission, which has been trying to rally the support of local area governments, and were trying to make it a priority throughout the north part of the state. Ms. Casper stated that the Senator had spent a morning at Hill Field recently and had met with the Defense Alliance, that he was very aware of the issue, and would battle to keep the base open.

F. Action Items:
1. Approval of Notice of Award to Consolidated Asphalt & Concrete, Inc. for the 5500 South Curb & Gutter (Pedestrian Safety) Project
   
   Dennis Richardson, County Engineering, explained that this project involved a small island in the county's name surrounded by Roy. This area was just east of the new school and was the only portion of 5500 S. east of the school that did not have curb and gutter. He stated that a notice inviting bids had been advertised for the project and the low bidder was Consolidated Asphalt & Concrete, Inc. in the amount of $46,961.10. Approximately $25,000 of the funds will come from the UDOT.
   
   
   Commissioner Burton moved to approve the Notice of Award to Consolidated Asphalt & Concrete, Inc. for the 5500 S. curb and gutter (pedestrian safety) project; Commissioner Cain seconded, both voting aye.
   
   
2. Request for final approval of Cedar Cove Estates, 32 lots at 6500 South Bybee Drive, and the acceptance of a financial guarantee of $747,112.70
   
   Jim Gentry, County Planning Department, showed an area map stating that this property had formerly been known as Higley Subdivision and Village at Sleepy Hollow. Mr. Gentry said that the petitioner was present. He indicated that the subdivision time limits had expired, the petitioner had resubmitted it, and the Planning Commission had recommended approval. Mr. Gentry said that this property abutted the Town of Uintah on the west side, but that Uintah was not interested in annexing this property the Town of Uintah had not included this area in their annexation policy. The Planning Department has letters from Uintah Highlands Improvement District which will provide water and sewer, and Weber Basin will provide secondary water. Commissioner Cain asked about traffic issues and Mr. Gentry said that there were no concerns and that Curtis Christensen, County Engineer, had reviewed it. He indicated that it would be a private road through the subdivision coming off of 6500 S.
   
   
   Commissioner Burton moved to grant final approval of Cedar Cove Estates consisting of 32 lots, and to accept a $747,112.70 financial guarantee; Commissioner Cain seconded, both voting aye.
   
   
3. Contract with Bill Long/Big Air Extreme for a "Big Air Extreme Motorcycle Show" on August 8th and 9th at the 2003 Weber County Fair - Contract C2003-84
   
   Jan Wilson, Weber County Fair, stated that this one day show received great feedback last year and would be performed for two days this year. The contract amount is $4,000.
   
   
   Commissioner Burton moved to approve Contract C2003-84 by and between Weber County and Bill Long/Big Air Extreme for a "Big Air Extreme Motorcycle Show" on August 8-9 at the 2003 Weber County Fair; Commissioner Cain seconded, both voting aye.
   
   
4. Contract with Paradise Artists, Inc. for a "John Kay and Steppenwolf" performance on August 7th at the 2003 Weber County Fair - Contract C2003-85
   
   Jan Wilson, Weber County Fair, stated that this contract was in the amount of $25,000.
   
   
   Commissioner Burton moved to approve Contract C2003-85 by and between Weber County and Paradise Artists, Inc. for a "John Kay and Steppenwolf" performance on August 7th at the 2003 Weber County Fair; Commissioner Cain seconded, both voting aye.
   
   
5. Request by South Ogden City for one of the Olympic surplus flagpoles to be placed at their fire station
   
   Gary Laird, County Operations Director, stated that originally 52 flag and banner poles had been surplused to the county after the Winter Olympics. Mr. Laird showed a breakdown of how they had been distributed thus far; there were 5 remaining. For his Eagle Scout project Eric Waterfall will have the flag placed at the Fire Station and it will have lighting. South Ogden City participated in the Cultural Arts Olympiad Movement. The City will need to make its own arrangements to transport and unload it at their end. Mr. Waterfall stated that he had raised funds, and he outlined his project in some detail.
   
   
   Commissioner Burton moved to donate to South Ogden City one of the Olympic surplus flagpoles to be placed at their fire station; Commissioner Cain seconded, all voting aye.
   
   
6. Appointment of 15 members to the Fort Buenaventura Advisory Board, including a Chair and Vice Chair
   
   Gary Laird, County Operations Director, stated that the by-laws for this Board had been approved some time ago but the members had never been appointed. They had been working with an hoc committee of 12 people and the by-laws allow for 15. The Board advertised for appointments in the newspaper and received about 16 applications. Mr. Laird presented a list of the 12 current members and 3 new appointees. About 1/4 of the members' terms will be up for reappointments every year.
   
   
   Commissioner Cain moved to appoint the following to the Fort Buenaventura Advisory Board for 4-year terms: Gary Laird as chair, Barry Lindley, Sue Barker and Ole Jensen; the following to serve 3-year terms: Shelleice Stokes, Dick James, Glen Richter; the following for 2-year terms: Glen Holley, Jon Warner, Bill Critchlow and Devon Nelson; the following for 1-year terms: Sara Ewart, Tammy Ply, Earl McCain and Neil Simmons, including a Chair and Vice Chair; Commissioner Burton seconded, all voting aye.
   
   
7. Memorandum of Understanding among USDA Forest Service Wasatch-Cache National Forest, B LM (Salt Lake Office), State Division of Parks and Recreation, Division of Wildlife Resources, School and Institutional Trust Lands Administration, Rich County, Cache County, Box Elder County & Weber County Providing for Joint Cooperation in the Development, Operation and Maintenance of the Shoshone OHV Trail System
   
   This item was held.

G. Assign Pledge of Allegiance and Thought of the Day for Tuesday, May 13, 2003 at 10 a.m.

H. Public Comments - There were none.

I. Closed Executive Session
1. Commissioner Burton moved to adjourn the public meeting and convene a closed executive session to discuss strategy relating to the purchase or sale of real estate and/or strategy relating to imminent and ongoing litigation; Commissioner Cain seconded.
   
   
   Roll Call Vote
   Commissioner Cain. . .aye
   Commissioner Burton. . .aye
   
   
2. Action on closed executive session for a proposed settlement from Radisson Suite Hotels to pay off the existing contract at a reduced rate
   
   Gary Laird, County Operations Director, stated that as discussed in the executive session, the county received an offer for settling an existing contract on the Radisson Suite Hotels (RSH, Ltd.). Mr. Laird explained that when the county moved its offices to the Weber Center, the county sold its interest in the Ben Lomond Hotel facility, consisting of approximately 20,000 square feet, to the Radisson Suite Hotel Owners Association for $250,000 on a contract at 6% interest for 25 years. RSH paid on that contract until two years ago and currently owes $219,860.70, plus interest. Mr. Laird indicated that RSH had been trying to sell all their interest the hotel is owned by approximately 60 different owners in a suite-owners association. RSH would like to settle their debt to the county and made an initial offer requesting a reduction in property taxes due and a reduction in what is owing on the note they wanted to pay $100,000 of the property taxes, which currently are $186,727 and $100,000 against the $219,000 debt. County staff met with RSH and explained that the county did not have latitude to forgive taxes. RSH made an offer yesterday offering to pay the full amount of the back taxes and asking for forgiveness of the entire note and accrued interest. The letter from RSH's President, Robert Cheney, cited that the county had subsidized the Crowne Plaza Hotel (formerly known as the Eccles building) with a significant property tax abatement to the detriment of RSH and was offering significant property tax incentives in the redevelopment area of Ogden. John Bond, Chief Deputy, Treasurer's Office, was called at his office during today's meeting to research this item. Mr. Bond appeared before the Commission and said that to his recollection the County Commission had entered into an agreement with Kenneth Hatch and Ronald Hatch. Vasilios Priskos (who in 1998 represented the owners of the Eccles building and who was trying to sell that property), came before the Commission of that time asking that the penalty and interest be waived if they paid the taxes. He said that the Commission had agreed subject to the taxes being paid in a certain time frame, however, they had not complied and penalties and interest were made retroactive because the time frame had passed. Mr. Priskos then brought in a check to pay the full amount of taxes plus interest and penalties. Mr. Bond stated that there had never been an abatement of taxes on this property. He and the commissioners believed that the Crowne Plaza was in a redevelopment area and would fall under the Ogden City RDA.
   
   Commissioner Cain asked Mr. Laird to itemize the property taxes due, penalties and interest. He stated the county showed $146,452.49 due in back taxes, $2,947.06 in penalties and $30,812.64 in interest for a total of $180,212.19. Mr. Laird indicated RSH was anxious to receive an answer because they had an offer to sell the hotel, which would mean a significant reduction to all the suite owners. This proposed sale would be to another hotel operation that would buy the whole property, take out all the property owners interest and operate it as a hotel. Mr. Laird stated that the county generally has not reduced property taxes or interest, however, occasionally it has abated penalties.
   
   
   Commissioner Burton moved to counter offer Radisson Suite Hotels' offer as follows: the county would accept settlement on the contract of $100,000, indicating to them that the county cannot forgive either the property taxes of approximately $186,727 or the interest on the taxes, but the county would negotiate with them on the penalty on the taxes; Commissioner Cain seconded, both voting aye.

J. Adjourn

Commissioner Burton moved to adjourn the meeting at 11:59 a.m.; Commissioner Cain seconded, both voting aye.