Minutes for 2005-06-07, 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: Kenneth A. Bischoff, Chair, and Camille T. Cain. Craig L. Dearden was excused.

Others Present: David C. Wilson, Deputy County Attorney; Margarit Nersisian, Clerk/Auditor's Office; and Fátima Blackford, Clerk/Auditor's Office, took minutes.

A. Welcome by Chair Bischoff
B. Pledge of Allegiance was conducted by Mike Caldwell
C. Thought of the Day was offered by Commissioner Cain

D. Consent Items:
1. Purchase Orders in the amount of $147,285.37
2. Warrants #202107- #202270 in the amount of $938,825.73
3. Minutes for the meeting held on May 31, 2005
4. Set Public Hearing date of June 28, 2005 at 10 a.m. on the vacation of lot 14 Eastwood Subdivision and final approval of Kent Subdivision at approximately 2573 E. Pringle Circle - Kent Subdivision will divide lot 14 of Eastwood Subdivision into two lots
5. Set Public Hearing date of June 28, 2005 at 10 a.m. on Fairway Oaks at Wolf Creek P.R.U.D. Phase 2 amended at 3925 N. 4825E., in the Wolf Creek area of Ogden Valley
Commissioner Cain moved to approve the consent items, holding the minutes; Chair Bischoff seconded, both voting aye.

E. Presentation on I-15 New Ogden Weber Expansion (I-15 NOW) Project

Brent DeYoung, I-15 NOW Project Director, gave the project overview, its scope, budget and goals. The I-15 corridor in Weber County is in need of reconstruction to bring the corridor up to current standards, correct deficiencies, increase safety and traffic capacity to accommodate current and future volumes. This project, which has been in the plan for some time, is moving forward rapidly due to recent legislative funding decisions and UDOT's decision to use a design-build project approach. UDOT is working with the initial set budget of $180 million. Its priorities are to reconstruct I-15 from the 31st Street in Ogden to 12th Street in Marriott-Slaterville and then northward to 2700 North in Farr West as funding allows. They hope to select the design-builder this November, with heavy construction beginning in the Spring of 2006.

Mr. DeYoung addressed the commissioners' questions stating he did not believe UDOT would be able to complete the project to 2700 North with the $180 million. Chair Bischoff asked what the options were to increase funding for this project. UDOT should have a more firm estimate by November when the proposals come in and will then go before the Legislature with that fixed amount to finish the project. Commissioner Cain noted that the county was getting ready to put in significant infrastructure for a new industrial park just north of 2700 North, an already heavily traveled road, and it was important for UDOT to be aware and plan accordingly. Mr. DeYoung had been aware of this and that was why 2700 North was high on UDOT's priority list. They hope to complete the 31st Street interchange in 2007-2008. Commissioner Cain said that the county was excited to finally be on the calendar for this project, expressed appreciation for the work done by Mr. DeYoung and said the county would work hard to get the additional funding to complete the project to 2700 North because of its importance.

F. Action Items:

1. Contract by/between Weber County & Harmony Artists to have the hypnotist, Susan Rosen, at the 2005 Weber County Fair - Contract C2005-69

Stacy Skeen, Weber County Fair, gave a brief overview of this contract. The contract cost is $1,000 for Ms. Rosen to perform two shows.
Commissioner Cain moved to approve Contract C2005-69 by and between Weber County and Harmony Artists for the hypnotist, Susan Rosen, to perform at the 2005 Weber County Fair; Chair Bischoff seconded, both voting aye.

2. Contract by/between Weber County &Duck Enterprises to have duck racing as an attraction at the 2005 Weber County Fair - Contract C2005-70

Stacy Skeen, Weber County Fair, gave a brief overview of this contract. The contract cost is $3,060.
Commissioner Cain moved to approve Contract C2005-70 by and between Weber County and Duck Enterprises to have duck racing as an attraction at the 2005 Weber County Fair; Chair Bischoff seconded, both voting aye.

3. Contract by/between Weber County & Simons Entertainment Group to have Toddler Games Driving School at the 2005 Weber County Fair - Contract C2005-71

Stacy Skeen, Weber County Fair, gave a brief overview of this contract. The contract cost is $849.
Commissioner Cain moved to approve Contract C2005-71 by and between Weber County and Simons Entertainment Group to have Toddler Games Driving School at the 2005 Weber County Fair; Chair Bischoff seconded, both voting aye.

4. Contract by and between Weber County and WSRA Demolition Derby for a Demolition Derby to be held at the Golden Spike Event Center on June 11, 2005 - Contract C2005-72

Jennifer Graham, Recreation Facilities Director, stated that this demolition derby was a Golden Spike Event Center-promoted event. The contract cost is $3,500. Ms. Graham addressed the commissioners' questions about ticket prices, etc.
Commissioner Cain moved to approve Contract C2005-72 by and between Weber County and WSRA Demolition Derby for a demolition derby to be held at the Golden Spike Event Center on June 11, 2005; Chair Bischoff seconded, both voting aye.

5. Final subdivision approval for Loegering Subdivision, a one-lot subdivision at 2050 E. 400 N., in the Nordic Valley area of the Ogden Valley

Kevin Hamilton, County Planning Department, stated that this lot consisted of 18.46 acres. It does not have frontage on a county road. The Board of Adjustment approved access by a private right-of-way. Mr. Hamilton explained that the right-of-way for this subdivision had been created in the late 1960's as part of the subdivision of the area of Nordic Valley. The Planning Commission unanimously recommended approval of this item. Mr. Hamilton addressed the commissioners' questions stating that all requirements had been met and the building would need to have sprinklers.
Commissioner Cain moved to grant final subdivision approval for Loegering Subdivision, a one lot subdivision located at 2050 E. 400 N., in the Nordic Valley area of the Ogden Valley; Chair Bischoff seconded, both voting aye.

 6. extension of Zoning Development Agreement C2003-107 on property located on the south west corner of the Old Snow Basin Road - Contract C2005-73

Kevin Hamilton, County Planning Department, said that the Zoning Development Agreement, approved in 2003, allowed the developer two years to complete the project and, after the two years, if it had not been completed, the county could revert to the previous zoning or allow an extension. Mr. Hamilton said the Planning Commission at that time had wanted actual commercial development to occur on this property which is surrounded by or adjacent to CVR-1 zone (allowing condominium-type development and/or commercial uses). The Planning Commission did not want to have only condominiums with no commercial development. They desired restaurants and other types of amenities for the Ogden Valley.

Chair Bischoff noted that Paragraph 3 of the agreement stated, ".. if the project has not begun or been completed within the time frames..." and Mr. Hamilton stated that the word begun should have been omitted. Commissioner Cain referred to the next sentence in that paragraph which stated that rezoning was contingent upon the "petitioner completing the project substantially as outlined in Exhibit B and within the time frame outlined in this agreement." She noted that "substantial completion" had been the general measure used in the past. Additionally, she referred to Paragraph 9 which outlined options for the county to move forward in the event of default by the petitioner: the county can either approve an extension of time or major change for the concept plan or initiate steps to revert the zoning designation to its former zone.

Lisa Karam, petitioner, stated her intention was to follow through with the approved plan for the hotel and commercial project but due to her divorce, this property had sat in litigation for about 1 ½ years. She asked for a two-year extension and Commissioner Cain asked if she believed the project could be completed in that period. Ms. Karam was not sure about completion but felt the project could have substantial construction in that time. Commissioner Cain noted that if there were substantial changes to the plan, it would be necessary to go back before the Planning Commission allowing them and the community input. She felt comfortable granting the extension because of extenuating circumstances over which the developer had no control.

Commissioner Cain moved to approve Contract C2005-73 granting a two-year extension of Zoning Development Agreement C2003-107 on property located on the south west corner of the Old Snow Basin Road; Chair Bischoff seconded, both voting aye.

7. Request for Tax Sale Extension for LSNs 22-004-0042 & 15-003-0031

Margarit Nersisian, Clerk/Auditor's Office, asked for ratification of these two tax sale extensions. She stated that the first one listed had redeemed the property and the other had signed an agreement committing to make monthly payments and to pay the balance of $2,725.51 by November 30, 2005.
Commissioner Cain moved to ratify the tax sale extensions for LSNs 22-004-0042 and 15-003-0031as presented; Chair Bischoff seconded, both voting aye.

8. Ratification of final tax sale list for 2005

Margarit Nersisian Clerk/Auditor's Office, referred to the complete list of 21 properties that went to tax sale. Four properties were struck off to the county, the remainder were sold and had already been paid for.
Commissioner Cain moved to ratify the final tax sale list for 2005; Chair Bischoff seconded, both voting aye.

 9. Request for properties to be removed and deleted from the system, as certified by the Recorder and Surveyor

Margarit Nersisian Clerk/Auditor's Office, stated that a meeting had occurred between the Attorney, Recorder, Surveyor, and Clerk/Auditor's offices to review properties that were in question during the tax sale process. The County Recorder and Surveyor had signed the certified list of properties to be removed from the tax sale list. Ms. Nersisian stated that some of the properties would be deleted from the system and others would have the land serial removed and a question mark placed on the plat maps.
Commissioner Cain moved to approve the list of properties to be removed and deleted from the county tax sale, as certified by the Recorder and Surveyor; Chair Bischoff seconded, both voting aye.

G. Assign Pledge of Allegiance & Thought of the Day for Tuesday, June 14, 2005, 10 a.m.

H. Public Comments: None

I. Adjourn
Commissioner Cain moved to adjourn at 10:55 a.m.; Chair Bischoff seconded, both voting aye.

Kenneth A. Bischoff, Chair
Weber County Commission

Linda G. Lunceford, CPO
Weber County Clerk/Auditor