Minutes for 2007-10-02, Direct pdf link.
MINUTES
OF THE BOARD OF COMMISSIONERS OF WEBER COUNTY
Tuesday, October 2, 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: Kenneth A. Bischoff, Chair, Jan M. Zogmaister, and Craig L. Dearden.
Others Present: Alan D. McEwan, Clerk/Auditor; David C. Wilson, Deputy County Attorney; Fátima Fernelius, Clerk/Auditor’s Office, took minutes.
A. Welcome - Chair Bischoff
B. Pledge of Allegiance - Alan McEwan
C. Thought of the Day - Chair Bischoff
D. Consent Items:
1. Purchase orders in the amount of $149,438.24
2. Warrants #229981 - #230225 in the amount of $2,013,188.46
3. Minutes for the meeting held on September 25, 2007
4. Surplus vehicles from the Department of Operations
Commissioner Dearden moved to approve the consent items as presented; Commissioner Zogmaister seconded, all voting aye.
E. Action Items:
1. Retire Parcel #11-003-0080 owned by Webco, Inc.
Ernest Rowley, County Recorder/Surveyor, presented this request by an individual who wished to clear up a problem with this parcel. Mr. Rowley showed a location map and stated that the property had been absorbed into a subdivision, but due to a mapping error in the County Recorder’s Office it had been maintained on the ownership records since 2000.
Commissioner Zogmaister moved to retire LSN 11-003-0080 owned by Webco, Inc. as represented by Ernest Rowley; Commissioner Dearden seconded, all voting aye.
2. Final approval of Saddleback Range Subdivision (1 lot) located at 3325 E. 5400 N.
Ben Hatfield, County Planning Department, showed a location map and stated that the applicant was requesting final approval of this subdivision located in Liberty in the AV-3 and F-5 zones. The proposed project would occupy 9.12 acres, with one residential (3.42 acre) lot and a remainder agricultural parcel (5.7 acres). The home would be built in the AV-3 zone and the subdivision conformed to the zones where it was located. The Planning Commission unanimously recommended approval on 8/28/2007.
Commissioner Dearden moved to grant final approval of Saddleback Range Subdivision (1 lot) located at approximately 3325 E. 5400 N.; Commissioner Zogmaister seconded, all voting aye.
3. Final approval of KC Ranchettes Subdivision (3 lots) located at 950 N. 5200 W. with a financial guarantee for $3,960.00
Sean Wilkinson, County Planning Department, showed a location map of this 3-lot subdivision located in the western part of the county. All the issues had been addressed and the Planning Commission had unanimously recommended approval on 7/10/2007 with a recommendation for deferral of curb, gutter and sidewalk. There were no other improvements in that area.
The property was within 1.5 miles of Fremont High School and all students were eligible for busing. Commissioner Dearden noted that there was no mention in this agenda of the deferral request nor did the Planning Commission minutes indicate approval of the deferral. Mr. Wilkinson showed the document from the school stating that all students were eligible for busing and stated that the item had been handled under the consent items by the Planning Commission. Commissioner Zogmaister noted that there were staff recommendations in the commissioners’ packets to allow the deferral.
Commissioner Zogmaister moved to grant final approval of KC Ranchettes Subdivision (3 lots) located at approximately 950 N. 5200 W. with deferral of curb, gutter, sidewalk and asphalt with a $3,960.00 financial guarantee; Commissioner Dearden seconded, all voting aye.
F. Public Hearing:
1. Commissioner Dearden moved to adjourn the public meeting and convene the public hearing; Commissioner Zogmaister seconded, all voting aye.
2. Public hearing to vacate a portion of North Fork Road that is no longer used, located near the intersection of North Fork Road and Durfee Creek Road
Sean Wilkinson, County Planning Department, showed a location map. He stated that North Fork Road had been realigned in the early 1990's and the owner of property where a portion of the old road was located requested that this portion be vacated. It was no longer used as a road and a 1989 letter from the County Engineer’s Office stated that the county would vacate back to the property owner any portion of the old road that was adjacent to the owner’s property if he would give land for the location of the new road. This took place and the road was relocated. The County Surveyor had asked Mr. Wilkinson to request that the Commission hold off on action at this time until the Carter Brothers Subdivision, that goes along with this vacation, was recorded because the description for the parcel to be vacated referred to this subdivision plat.
Chair Bischoff invited public comments. Alan Carter, President of Carter Brothers, Inc., property owner discussed above, stated that he had a copy of the aforementioned letter written to his brother who had previously told him that he had agreed to give 60 ft. of road to the county for the road realignment. Mr. Carter asked for this vacation, which had been promised to be done in 1989. He needed the road vacated to complete his 1-lot subdivision process. He stated that Carter Brothers owned both sides of the old highway, which was only 30 ft. wide, but the new highway was 60 ft. wide, thus he was giving more land. Additionally, the Randall lot had no frontage and Mr. Carter stated that he would give up 150 ft. to the county or sell it to the Randall’s just to get his 1-lot approved. He indicated having an agreement with Mr. Bishop, of Liberty Water (which had a fire hydrant on the old pipeline) to vacate any right-of-way they had for the pipeline. Mr. Carter said that his engineer was present to address any questions.
Ernest Rowley, County Surveyor, said that while the county probably had a prescriptive right-of-way where the current road was, he preferred to defer the road until the subdivision was approved with the dedication for the new road so that the recording occurred simultaneously in the event Mr. Carter and the owner needing the frontage encountered problems. He wanted to ensure the county received the proper dedications. Mark Babbitt, of Great Basin Engineering, did not have any issues with this. Mr. Rowley noted that the prescription on the road currently being used was only the traveled width plus a reasonable shoulder; the county did not have the full 66 ft. right-of-way. Mr. Carter said that the road did not officially exist on county plats and he had encouraged that it be put in. After 1 ½ years he had offered to pay for it and said that the subdivision and this road would be recorded at the same time. Legal counsel will craft language that the ordinance will be effective upon the recording of the development.
3. Commissioner Zogmaister moved to adjourn the public hearing and reconvene the public meeting; Commissioner Dearden seconded, all voting aye.
4. Action on public hearing:
F.2. -Public hearing to vacate a portion of North Fork Road - Ordinance 2007-28
Commissioner Dearden moved to adopt Ordinance 2007-28 vacating a portion of North Fork Road that is no longer used, located near the intersection of North Fork Road and Durfee Creek Road and the ordinance is to become effective upon recording of the subdivision; Commissioner Zogmaister seconded.
Roll Call Vote:
Commissioner Zogmaister aye
Commissioner Dearden aye
Chair Bischoff aye
G. Assign Pledge of Allegiance & Thought of the Day for Tues., October 9, 2007, 10 a.m.
H. Public Comments: None
I. Adjourn
Commissioner Dearden moved to adjourn at 10:28 a.m.; Commissioner Zogmaister seconded, all voting aye.
Kenneth A. Bischoff, Chair Weber County Commission
Alan D. McEwan, CPA Weber County Clerk/Auditor