Minutes for 2008-01-22, Direct pdf link.
MINUTES
OF THE BOARD OF COMMISSIONERS OF WEBER COUNTY
Tuesday, January 22, 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 - Shelly Halacy
C. Thought of the Day - Commissioner Bischoff
D. Introduction of new Utah State University Extension Office Agent, Naomi Weeks
Jerry Goodspeed, USU Extension Office Chair, introduced Ms. Naomi Weeks to the Commission.
E. Consent Items:
1. Purchase orders in the amount of $267,779.97
2. Warrants #233309 - #233600 in the amount of $2,835,633.93
3. Minutes for the meetings held on January 10 and 15, 2008
4. Approval of an ACH payment to US Bank in the amount of $34,255.14 for purchasing card transactions through the billing cycle ending January 15, 2008
5. Set public hearing for February 12, 2008, 10 a.m., to amend Chapter 28, Nonconforming Buildings, Uses and Parcels
6. Surplus metal 4-drawer file cabinet & small office chair from Utah State University Extension office
Commissioner Dearden moved to approve the consent items; Commissioner Bischoff seconded, all voting aye.
F. Action Items:
1. Agreement with American Capital Group LLC for legislative consultation and representation - Contract C2008-24
Chair Zogmaister stated that a Request for Proposals had been issued and several responses had been received for this item. American Capital Group had been selected. It had excellent references and the commissioners had met with them. This one year contract was in the amount of $59,000. Commissioner Dearden noted that this was about half of the amount paid to the previous contractor.
Commissioner Bischoff moved to approve Contract C2008-24 by/between Weber County and the American Capital Group LLC for legislative consultation and representation; Commissioner Dearden seconded, all voting aye.
2. Request for Agreement with Dr. Ronald Catanzaro establishing a final date of completion for The Chalets at Ski Lake and The Summit at Ski Lake Subdivisions
Sean Wilkinson, County Planning Department, stated that the Chalets at Ski Lake and The Summit subdivisions had received preliminary approval with densities based on 1-acre per lot. The 1-acre density had been grandfathered despite a change from one to three acres per lot within the subdivision boundaries. These two subdivisions were the only ones remaining in the Ogden Valley with approved 1-acre densities in their remaining phases. When these subdivisions were given preliminary approval, the Subdivision Ordinance required a new phase of a subdivision to be recorded within one year of the previous phase being recorded. Several of the phases in these subdivisions were recorded and followed this procedure. In January 2007 the Subdivision Ordinance was amended and the time period for approvals and recording begin requiring a subdivision to receive a recommendation for final approval within 18 months from preliminary approval. An additional 18 months may be granted by the Planning Director upon repayment of fees and the plan being brought into compliance with current ordinances.
Mr. Wilkinson said that there was some ambiguity in determining when the new timeline created by the ordinance should begin and Ron Catanzaro, petitioner, had proposed an agreement described in the letter before the Commission, which essentially gave Mr. Catanzaro 36 months to record the remaining four phases of the Chalets and the remaining two phases of The Summit. Any phase not recorded within that time would lose the one acre density. The 36 months would begin when the agreement was approved. Planning staff, after consulting with legal counsel, recommended approval of the agreement because it cleared up ambiguities in the development timeline, it met the intent of the new Subdivision Ordinance, reduced the time for completion of the subdivisions, and had been agreed to by Mr. Catanzaro. Commissioner Dearden asked for clarification on the effective date of the agreement and Mel Smith, legal counsel for the petitioner, stated that this had been discussed with Monette Hurtado, Deputy County Attorney, and if approved, the agreement would be effective today even if it would take a week or two to get it signed.
Commissioner Dearden moved to approve the substance for the agreement by/between Weber County and Dr. Ronald Catanzaro establishing a final date of completion for The Chalets at Ski Lake and The Summit at Ski Lake Subdivisions as contained in the letter from the law firm of Smith Knowles, and that an agreement be presented to the Commission in the near future for approval; Commissioner Bischoff seconded, all voting aye.
3. Amendments to the Zoning Ordinance including the addition of Chapter 43, Ogden Valley Sensitive Lands Overlay Districts, amendments to Chapter 1, General Provisions, Section 6, Definitions, and Chapter 23, Supplementary and Qualifying Regulations, Section 37, River and Stream Corridor Setbacks - Ordinance 2008-4
Sean Wilkinson, County Planning Department, noted that this item had come before the Commission a few times in the past. The County Commission held a public hearing on 11/13/2007 regarding this issue but no action had been taken. The County Planning Department had made revisions to the ordinance based on the comments/recommendations of the County Commission. Mr. Wilkinson said that if approved, the following amendments should be included: the addition of Chapter 43, Ogden Valley Sensitive Lands Overlay Districts; amendments to Chapter 1, General Provisions, Section 6, Definitions; and Chapter 23, Supplementary and Qualifying Regulations, Section 37, River and Stream Corridor Setbacks. He also addressed minor changes to the sensitive wildlife habitat map, which consisted of removing two small areas on the Valley floor (classified as wetlands), and adjusting that area boundary to above the Ogden Valley canal.
Commissioner Dearden suggested some changes to the ordinance to include language be added back into the ordinance that the county may change important wildlife habitat areas on the map and may do so with the Department of Wildlife Resources’ (DWR) input. Chair Zogmaister noted that it was important that the county have some control over the changes and that areas identified by the DWR not be automatically incorporated. Commissioner Dearden also asked that language be put back on minimizing fencing requirements that inhibit the movement of big game species, that the use of fencing within subdivisions or boundaries of subdivisions, commercial, industrial or multi-family development be minimized. The commissioners discussed the removal of two scenic corridors from the proposed ordinance: North Ogden Divide Road beginning at intersection with Spring Creek Road; and Old Snow Basin Road–all of Trappers Loop (Hwy. 167). The DWR may provide written recommendations when development occurs in mapped important wildlife habitat areas, but Mr. Wilkinson noted that the DWR would generally respond on the larger subdivisions. Commissioner Bischoff moved to adopt Ordinance 2008-4 amending the Weber County Zoning Ordinance by adding Chapter 43, Ogden Valley Sensitive Lands Overlay Districts, amending Chapter 1, General Provisions, Section 6, Definitions, and Chapter 23, Supplementary and Qualifying Regulations, Section 37, River and Stream Corridor Setbacks with the discussed changes above; Commissioner Dearden seconded.
Roll Call Vote:
Commissioner Dearden aye
Commissioner Bischoff aye
Chair Zogmaister aye
4. Contract with Revco Leasing for a copier in the Clerk/Auditor’s Office - Contract C2008-25
Dan Olsen, County Comptroller, presented this 5-year lease contract for a new copier in the Election Office. The total contract amount was $15,577.80.
Commissioner Dearden moved to approve Contract C2008-25 by/between Weber County and Revco Leasing for a new copier; Commissioner Bischoff seconded, all voting aye.
5. Notice of Award and Notice to Proceed to Tree Line Construction for the Weber County Southwest Branch and North Branch Library ADA Restroom Remodel
Dennis Richardson, County Engineering Department, presented this item and the following one together. Weber County had received a Community Development Block Grant for $31,112.00 for upgrades to the Southwest and the North library branches for restroom upgrades. The project had gone out to bid and the low bid of $26,000 was from Tree Line Construction.
Commissioner Bischoff moved to approve Notice of Award and Notice to Proceed to Tree Line Construction for the Weber County Southwest Branch and North Branch Library ADA restroom remodel; Commissioner Dearden seconded, all voting aye.
6. Contract with Tree Line Construction for ADA Improvements to the Southwest Branch and the North Branch of the Weber County Library - Contract C2008-26
See above item.
Commissioner Bischoff moved to approve Contract C2008-26 by/between Weber County and Tree Line Construction for ADA improvements to the Southwest Branch and the North Branch of the Weber County Library; Commissioner Dearden seconded, all voting aye.
7. Request to approve amendments to the Weber County Sick Leave Policy
This item was held.
G. Assign Pledge of Allegiance &Thought of the Day for Tues., January 29, 2008, 10 a.m.
H. Public Comments: Steve Clarke, representing the GEM Committee, thanked the commissioners and County Planning staff for their support and work put into the Sensitive Lands Ordinance adopted today.
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