Minutes for 2008-03-25, Direct pdf link.
MINUTES
OF THE BOARD OF COMMISSIONERS OF WEBER COUNTY
Tuesday, March 25, 2008 - 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: Craig L. Dearden, Vice Chair, and Kenneth A. Bischoff. Jan M. Zogmaister, Chair, was excused, and Commissioner Dearden conducted the meeting.
Others Present: Alan D. McEwan, Clerk/Auditor; David C. Wilson, Deputy County Attorney; Fátima Fernelius, Clerk/Auditor’s Office, took minutes.
A. Welcome - Commissioner Dearden
B. Pledge of Allegiance - Jim Harvey
C. Thought of the Day - Commissioner Bischoff
D. Consent Items:
1. Purchase orders in the amount of $144,321.11
2. Warrants #235648 - #235863 in the amount of $2,087,357.04
3. Minutes for the meeting held on March 18, 2008
4. New Business Licenses
5. New Beer License
6. Set public hearing for April 15, 2008, 10 a.m., to consider changes to Subdivision Ordinance, Chapter 1, General Provisions (Filing of Preliminary and Final Plans)
7. ACH payment to US Bank for $54,210.84 for purchasing card transactions through the billing cycle ending March 17, 2008
8. Set public hearing for April 15, 2008, 10 a.m., regarding vacation of Copyak Subdivision Lot 1
Commissioner Bischoff moved to approve the consent items; Commissioner Dearden seconded, both voting aye.
E. Action Items:
1. Contract with Cache Valley MX, LLC., for June 28, 2008 at the Golden Spike Event Center - Contract C2008-105
2. Contract with Cache Valley MX, LLC., for September 27, 2008 at the Golden Spike Event Center - Contract C2008-106
Jim Harvey, GSEC, presented the above standard contracts together.
Commissioner Bischoff moved to approve Contracts C2008-105 and C2008-106 by/between Weber County and Cache Valley MX, LLC., for June 28 and September 27, 2008, respectively, at the Golden Spike Event Center; Commissioner Dearden seconded, both voting aye.
3. Contract with Spikers High School Rodeo for high school rodeo competition to be held at the Golden Spike Event Center on April 4-5, 2008 - Contract C2008-107
Jim Harvey, GSEC, presented this standard contract.
Commissioner Bischoff moved to approve Contract C2008-107 by/between Weber County and Spikers High School Rodeo for the high school rodeo competition at the Golden Spike Event Center on April 4-5, 2008; Commissioner Dearden seconded, both voting aye.
4. Consideration to waive penalties and/or interest for 2005-2007 taxes for the following LSNs: 08-460-0010; 16-097-0004; 22-148-0008; 22-025-0036; 20-010-0022
John Bond, Treasurer’s Office, representing the Tax Review Committee, presented this item.
08-460-0010 - The Rasmussens did not receive a valuation or tax notice. Their house was being built in a new subdivision at the time the notices were sent out and the mailboxes were installed in December. Mr. Bond noted that the Rasmussens’ title company had failed to provide the County Recorder with a valid mailing address when recording the deed on 12/19/2006 and only listed the subdivision lot number. The Rasmussens did not call timely or provide another mailing address. The county was not in error.
Commissioner Bischoff moved to accept the recommendation of the Tax Review Committee and deny the request to waive late penalties ($63.35) on 2007 taxes for land serial number 08-460-0010 because the county was not in error; Commissioner Dearden seconded, both voting aye.
16-097-0004 - Mr. Bond stated that the postmark on the payment envelope was 12/5/2007 and a postmark after 11/30/2007 was subject to penalty per State statute. Mrs. Hartman had felt that because she delivered her tax payment to the North Ogden Post Office on 11/26/2007 she should not be subject to the late postmark penalty. The county was not in error.
Commissioner Bischoff moved to accept the recommendation of the Tax Review Committee and deny the request to waive late penalties ($31.31) on 2007 taxes for land serial number 16-097-0004 because the county was not in error; Commissioner Dearden seconded, both voting aye.
22-148-0008 - Mr. O’Brien had sent a request to change his military mailing address in 2004 for two parcels. He was unaware the county only made a correction on one parcel. Because his Eden property taxes doubled in 2006 and again in 2007, he had mistakenly thought the billing had been combined for both properties when he received only one notice for 2006 and 2007.
Commissioner Bischoff moved to support the Tax Review Committee’s recommendation and approve the request to waive late penalties of $30.68 for 2006 and $83.60 for 2007 because of the county’s error but charge interest of $204.46 (2006) and $36.27 (2007) for land serial number 22-148-0008; Commissioner Dearden seconded, both voting aye.
22-025-0036 - Mr. Levito purchased three properties in 2006 and received only one notice in 2006. One title company provided the county with Mr. Levito’s mailing address on one deed, however, the other two property deeds were prepared by another title company which provided the lot addresses. Mr. Bond said that in March 2007 Mr. Levito called the county and sent a corrected address for one of the parcels for which he had not received notice. Mr. Bond had a copy of Mr. Levito’s letter to the county. This year Mr. Levito was claiming that the second parcel for which he did not receive notice should also have been updated in 2007. The county was not in error.
Commissioner Bischoff moved to accept the recommendation of the Tax Review Committee and charge penalty on 2006 of $26.53, to waive penalty for 2007 of $24.17, and charge interest of $178.47 (2006) and $21.81 (2007) for land serial number 22-025-0036; Commissioner Dearden seconded, both voting aye.
20-010-022 - Mr. Wangsgard has owned his house, LSN 20-10-0031, for several years. In 2004 his father deeded him two adjoining properties–a sliver of ground Mr. Wangsgard uses as his driveway (20-10-0022) and a side field (20-10-0040)–and Mr. Wangsgard had thought these two were combined in LSN 20-010-0040. When the deed was recorded, a former post office box was listed.
Commissioner Bischoff moved to accept the recommendation of the Tax Review Committee and switch values on the two new parcels as they should have been in 2005 and 2006 and charge penalty of $26.66 on the parcel for which taxes were unpaid for land serial number 20-010-0022; Commissioner Dearden seconded, both voting aye.
5. Approval of Watts Estates at approximately 5750 North 2995 East, Liberty, with a recommendation for a curb, gutter and sidewalk deferral
Iris Hennon, County Planning Department, stated that this subdivision consisted of three acres and was located in the AV-3 Zone. Ogden Valley Pathways had reviewed this lot and found no major pathways planned in the vicinity and none were required for this lot. The Ogden Valley Township Planning Commission unanimously recommended approval of this item with a deferral for curb, gutter and sidewalk on 7/27/2007.
Commissioner Bischoff moved to grant approval of Watts Estates at 5750 N. 2995 E., Liberty, with deferral of curb, gutter and sidewalk; Commissioner Dearden seconded, both voting aye.
6. Final approval of Linford Subdivision with deferral of curb, gutter & sidewalk & acceptance of $4,500.00 financial guarantee for subdivision improvements
Justin Morris, County Planning Department, stated that this subdivision consisted of two lots in the A-1 Zone. Access to the lots will be along 2975 W., a substandard private road. A substandard road agreement will have to be signed which in part states that if in the future 80% of the original 32 lots within Bay View Ranchettes are approved for development, the owner agrees to accept responsibility, together with the other owners fronting the substandard road, to bring the road up to county standards and acknowledges that the county has no obligation to provide an increase in the level of service until such improvements are completed. The Planning Commission had unanimously recommended approval of this item.
Commissioner Bischoff moved to grant final approval of Linford Subdivision with deferral of curb, gutter and sidewalk, and acceptance of a financial guarantee in the amount of $4,500.00 for subdivision improvements (fire hydrant); Commissioner Dearden seconded, both voting aye.
7. Final approval of Powder Canyon at Wolf Creek Condominium, Phase 1 (20 Units) at 3618 Wolf Creek Drive and acceptance of a $224,757 financial guarantee
Justin Morris, County Planning Department, stated that this P.R.U.D. was located at the intersection of Wolf Creek Drive and Moose Hollow Drive and contained a total of 60 units. This phase has 20 units, each with a lockout sleeping room (nightly rentals), and consists of 3.07 of the total 7.76 acres of the development. Approximately 88,279 sq. ft. (66% of total area for this phase) will be left in common area. All applicable zoning requirements had been met. The Planning Commission had unanimously recommended final approval of this phase on 3/27/2007.
Commissioner Bischoff moved to grant final approval of Powder Canyon at Wolf Creek Condominium, Phase 1 (20 Units) at approximately 3618 Wolf Creek Drive and acceptance of a $224,757 financial guarantee; Commissioner Dearden seconded, both voting aye.
8. Final approval of Lakeview Business Center Subdivision (2 lots) located at approximately 2405 N. Hwy. 158
Sean Wilkinson, County Planning Department, stated this subdivision contained 1.17 acres and was in the CV-2 Zone. It would divide Lot 1 of Copyak Subdivision into two lots, each containing approximately 25,000 sq. ft. All conditions for approval had been met and the Planning Commission unanimously recommended final approval of this item on 7/25/2006.
Commissioner Bischoff moved to grant final approval of Lakeview Business Center Subdivision (2 lots) located at 2405 N. Hwy. 158; Commissioner Dearden seconded, both voting aye.
9. Request for Contract with Utah Department of Transportation to UDOT to use supervised work crews on state highway projects
This item was held.
10. Approval of amendments to the Weber County Travel Policy - Policy 9.1
Alan McEwan, Clerk/Auditor, stated that the Audit Committee and the Internal Auditor had made recommendations, which had been incorporated in the policy, and there were no substantial amendments.
Commissioner Bischoff moved to approve the amendments to the Weber County Travel Policy; Commissioner Dearden seconded, both voting aye.
F. Public Hearings:
1.Commissioner Bischoff moved to adjourn the public meeting and convene the public hearings; Commissioner Dearden seconded, both voting aye.
2. Public hearing to consider rezoning property at 3390 North 5100 East from Agricultural AV-3 to Commercial CV-2
Jim Gentry, County Planning Department, stated this proposal was to rezone 5.6 acres for retail and professional services. The property had no frontage and would have to be accessed through Rocky Mountain Power’s property. This area was not identified in the General Plan as a commercial node or as having any commercial potential. A rezoning at this location would encourage strip commercial zoning along major roads and highways.
The Ogden Valley Township Planning Commission had unanimously recommended that this proposal be denied because the rezoning was not in conformance with the General Plan and the surrounding residential uses.
Commissioner Dearden invited public comments. Mark Babbitt, Great Basin Engineering, representing the petitioner, said that just above this property were some condominiums, to the west were sewer ponds and storage units, and Eagles Landing residential and golf course were to the south. He said that the petitioner did not feel agriculture was the best use for the property and they had tried to get as much public input as possible.
3. Public hearing to consider the proposed amendments to Chapter 2 of the Weber County Subdivision Ordinance
Jim Gentry, County Planning Department, said that this ordinance clarifies that in cluster subdivisions lands that can be mitigated, such as wetlands and flood plain areas, shall be counted toward density. Additionally, the requirement for an agricultural preservation plan, including a letter from the agricultural extension agency, is to be submitted at preliminary approval, if an agricultural preservation bonus is being requested. Both Planning Commissions recommended approval of this item. Mr. Gentry addressed Commissioner Dearden’s question regarding the purpose of 1-ft holding strips. Commissioner Dearden invited public comments and none were offered.
4. Public hearing regarding a request to amend the approved site plan & increase the size of the residential &commercial areas for a parcel located in CVR-1 Zone on the south west corner at the intersection of Highway 39 &Snow Basin Road
Sean Wilkinson, County Planning Department, stated that the petitioner was out of town and had requested that no action be taken for one week so he could be present to address the item. Mr. Wilkinson asked that action be held until April 1, 2008, and he proceeded with the presentation.
This parcel was rezoned in April 2007 from CV-2 to CVR-1 to allow more recreation-type uses, instead of only allowing commercial uses. As part of the rezone approval requirements, the total project area was limited to 63,000 sq. ft., which included 15,750 sq. ft. of non-lodging type commercial space (required when the property was rezoned to CV-2). On 9/132007 the new owner requested an increase for a total project area of 86,500 sq. ft., which included 14,500 sq. ft. of commercial space and 72,000 sq. ft. of residential space for 60 units. The Planning Commission recommended denying the request because it was not in the best interest of the Ogden Valley.
The petitioner presented a new plan on 1/22/2008 which called for 25,750 sq. ft. of commercial area and 60,000 sq. ft. of residential area. The request was tabled until 2/19/2008 to allow the petitioner to revise the concept plan based upon the Planning Commission comments. The revised request calls for 19,000 sq. ft. of commercial and 60,000 sq. ft. of residential area with 50 units, and consists of four buildings. All of the residential buildings will have underground parking, with 88 surface stalls. This plan meets the requirements of the CVR-1 Zone. A new Zoning Development Agreement will be prepared, which will replace all previous concept plans, lists of uses and all else tied to previous rezones or approvals for this parcel. On 2/19/2008 the Planning Commission unanimously recommended approval of the amended site plan and the increased residential and commercial areas. Commissioner Dearden invited public comments and none were offered.
5. Action on public hearings: Commissioner Bischoff moved to adjourn the public hearings and reconvene the public meeting; Commissioner Dearden seconded, both voting aye.
F.2. - Hearing to rezone 3390 N. 5100 E. from AV-3 to CV-2
Commissioner Bischoff moved to deny the proposed rezoning at 3390 North 5100 East from Agricultural AV-3 to Commercial CV-2 because it did not conform to the General Plan; Commissioner Dearden seconded, both voting aye.
F.3. - Hearing on amendments to Subdivision Ordinance, Chapter 2 - Ordinance 2008-10
Commissioner Bischoff moved to adopt ordinance 2008-10 amending the Weber County Subdivision Ordinance, Chapter 2, Subdivision Standards; Commissioner Dearden seconded.
Roll Call Vote:
Commissioner Bischoff aye
Commissioner Dearden aye
F.4. - Hearing to amend approved site plan & increase size of residential & commercial areas for parcel located in CVR-1 Zone
Commissioner Bischoff moved to continue the public hearing to April 1, 2008, to amend the approved site plan and increase size of the residential and commercial areas for a parcel located in the CVR-1 Zone; Commissioner Dearden seconded, both voting aye.
G. Assign Pledge of Allegiance &Thought of the Day for Tuesday, April 1, 2008, 10 a.m.
H. Public Comments:
Jack McDonald, representing the Union Station Board of Directors, thanked the Commission for their support of the Union Station. He presented the Commission with a book containing pictures of Utah’s Railroad history. Commissioner Dearden expressed appreciation for the Board’s dedication.
I. AdjournCommissioner Bischoff moved to adjourn at 11:10 a.m.; Commissioner Dearden seconded, both voting aye.
Jan M. Zogmaister, Chair
Weber County Commission
Weber County Clerk/Auditor