Minutes for 2008-04-01, Direct pdf link.
MINUTES
OF THE BOARD OF COMMISSIONERS OF WEBER COUNTY
Tuesday, April 1, 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: Jan M. Zogmaister, Chair, Craig L. Dearden, and 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 - Rob Scott
C. Thought of the Day - Chair Zogmaister
D. Consent Items:
1. Purchase orders in the amount of $423,147.78
2. Warrants #235864 - #236069 in the amount of $2,398,623.56
3. Minutes for the meeting held on March 25, 2008
4. Surplus an old freezer from the Parks and Recreation Department
5. Set public hearing for April 22, 2008, 10 a.m., to vacate Lot 19 from Uintah Highlands Subdivision No. 7
6. Set public hearing for April 22, 2008, 10 a.m., regarding the vacation of Fairway Oaks at Wolf Creek P.R.U.D. Phase 1 located at approximately 3925 N. 4700 E.
Commissioner Bischoff moved to approve the consent items; Commissioner Dearden seconded, all voting aye.
E. Action Items:
1. Resolution of the Board of Commissioners of Weber County authorizing a loan of funds from the general fund to the Transfer Station to provide for participation in the purchase, acquisition &financing of the Box Elder County Landfill &other related personal property and equipment; and related matters - Resolution 7-2008
Dan Olsen, County Comptroller, noted that Weber County was one of four partners in the joint venture for the landfill in Box Elder County. On March 4, 2008 the Weber County Commission adopted a resolution and entered into an agreement agreeing to pay its share of the $10 million to the Northern Utah Regional Landfill Authority (NURLA). This resolution authorizes Weber County’s payment of $2.5 million to NURLA to purchase equipment and land (Little Mountain Facility). All the NURLA costs will come from the Transfer Station, which has $1 million available, and thus this resolution authorizes the county General Fund to loan $1.5 million to the Transfer Station. Mr. Olsen pointed out that the entire amount would not be paid all at once. The loan term is for 6 years at 0% interest, and requires the Transfer Station to pay back a minimum of $250,000 per year, however, if more money is available than budgeted then repayment can be accomplished earlier.
Commissioner Dearden moved to adopt Resolution 7-2008 authorizing a loan from the general fund to the Transfer Station to provide for the participation in the purchase, acquisition and financing of the Box Elder County Landfill and other related personal property and equipment; and related matters; Commissioner Bischoff seconded.
Roll Call Vote:
Commissioner Bischoff aye
Commissioner Dearden aye
Chair Zogmaister aye
2. Request for Resolution of the Board of Commissioners of Weber County appointing members to the Liberty Park Service Area Board
Chair Zogmaister noted that this resolution was not prepared and David Wilson, Deputy County Attorney, said that the Commission could make the appointments and legal counsel would prepare the resolution per the Commission’s direction. Eleven applications were received and there were five vacancies.
Commissioner Bischoff moved to appoint Ross Mertlich (for 4 years), Kevin Phipps (4 years), Sharmain Kennedy-Croft (2 years), Brett Hansen (4 years) and Michael Rhodes (2 years) to the Liberty Park Service Area Board; Commissioner Dearden seconded, all voting aye.
3. Final approval of Uintah Highlands Subdivision No. 8
Justin Morris, County Planning Department, showed an area map. This development is a 1-lot Subdivision, located at 2052 Ryan Circle, that seeks to amend the existing lot lines of lot 19 of Uintah Highlands No. 7, which will be vacated (hearing scheduled for 4/22/2008). This development was administratively approved as a minor subdivision on 2/1/2008. Notices were sent out to property owners within 500 ft. and no objections were received.
Mr. Morris noted that he had received a letter from County Engineering late yesterday regarding right-of-way issues. Curtis Christensen, County Engineer, stated that this subdivision had been submitted in the latter part of January 2008. When the property was reviewed, there was a lot of snow on the site. County Engineering sent out letters regarding certain issues but never received comments from the developer or from the surveyor who submitted the plat. County Engineering received the final plat last week and found that there were some questions unanswered, such as the location of Combe Road in location to this subdivision, and an inlet box that with a pipe stubbed through it (discharging onto this lot) that had been buried in the snow in January. Mr. Christensen said that an easement would be necessary or to plug the drain pipe, but he needed to speak with the developer to see what he wanted to do. The County Surveyor was reviewing the issue to make sure they had the right alignment for Combe Road. Mr. Christensen said that the lot itself appeared to be large enough and they should be able to move forward because they would not be reducing its size. He asked that this item be approved subject to County Engineering conditions.
Commissioner Bischoff moved to grant final approval of Uintah Highlands Subdivision No. 8 with the stipulation that all engineering questions were resolved; Commissioner Dearden seconded, all voting aye.
4. Final approval of Cheney’s Subdivision (1 lot) located at approximately 9787 East Hwy 39, Huntsville
Ben Hatfield, County Planning Department, stated that this 1-lot subdivision consisted of 5.44 acres and was in the AV-3 Zone. All review agency requirements had been met and this subdivision conformed to the General Plan and zoning requirements. The Planning Commission unanimously recommended approval on 9/25/2007.
Commissioner Dearden moved to grant final approval of Cheney’s Subdivision (1 lot) located at approximately 9787 East Hwy 39, Huntsville; Commissioner Bischoff seconded, all voting aye.
5. Contract with Utah Department of Transportation for UDOT to use supervised work crews on state highway projects - Contract C2008-108
Chief Terry Thompson, Weber County Correctional Facility, stated that up until recently State inmates were contracted to work on State highway projects through the Department of Corrections but that contract had been terminated. UDOT approached the county about contracting for these two crews and two supervising officers. Chief Thompson addressed the commissioners’ questions. He explained the strict inmate selection process and David Wilson, Deputy County Attorney, addressed workers compensation in relation to this item stating that the issue had not fully been resolved and he was checking into it. Utah Counties Insurance Pool had indicated that these inmates would not be covered under the county’s policy and Mr. Wilson had asked UCIP to revisit the issue because it may not be legal to exclude them. This may be an issue for all counties in the State.
Commissioner Bischoff moved to approve Contract C2008-108 by/between Weber County and Utah Department of Transportation for UDOT to use supervised work crews on State highway projects; Commissioner Dearden seconded, all voting aye.
F. Public Hearing (continued from March 25, 2008)
1.Commissioner Dearden moved to adjourn the public meeting and convene the public hearing; Commissioner Bischoff seconded, all voting aye.
2. Public hearing regarding a request to amend the approved site plan and increase the residential and commercial area for a parcel located in a CVR-1 Zone on the south west corner at intersection of Highway 39 and Snow Basin Road, and approve a new Zoning Development Agreement - Contract C2008-109
Sean Wilkinson, County Planning Department, showed maps and renderings of the project. He noted that this item had been continued from last week so that the petitioner could be present. The revised site plan showing the Planning Commission’s recommendations had now been submitted and were included in the commissioners’ packets. These were not substantial changes and included access onto Old Snow Basin Road from the underground parking from a couple of the buildings.
This site had gone through a few rezones: in 2000 it went from FV-3 to CV-2 and in 2007 from CV-2 to CVR-1. The latter called for a limit of 63,000 sq. ft. in total project area (15,750 sq. ft. of non-lodging type commercial space and 47,250 sq. ft. of residential space).
The petitioner wanted to increase the project area and went before the Planning Commission several times. The Planning Commission has approved 60,000 sq. ft. of residential area and 19,000 sq. ft. of commercial area, with a total of 50 condo-tel units. Mr. Wilkinson noted that if this project was submitted under an existing CVR-1 zone, these numbers would fit within the CVR-1 zone parameters. There will be a Zoning Development Agreement tied to this item. When this project was rezoned in 2007 there was no Zoning Development Agreement and this one will be tied to that rezone but the new concept plans will be attached. If the petitioner does not fulfill his obligations, the property will be rezoned to FV-3, which is what the property was zoned prior to all the rezones. The petitioner has two years to begin construction and must complete the project within five years.
The petitioner, Colby Sanders, stated that the site had undergone multiple rezones, and he had met with many local residents and had done a lot of research on different types of businesses to ensure this would be beneficial to Valley residents. He noted that with the slope of the property there was no way to do this development with the original submitted plan. Chair Zogmaister invited public comments and none were offered.
3.Commissioner Bischoff moved to adjourn the public hearing and reconvene the public meeting; Commissioner Dearden seconded, all voting aye.
4. Action on public hearing:
F.2. - to amend the approved site plan and increase the residential and commercial area for a parcel located in a CVR-1 Zone on the south west corner at the intersection of Highway 39 and Snowbasin Road, and approve a new Zoning Development Agreement - C2008-109
Commissioner Dearden moved to approve the amended site plan with the increased project area and the new Zoning Development Agreement, Contract C2008-109; Commissioner Bischoff seconded, all voting aye.
G. Assign Pledge of Allegiance &Thought of the Day for Tuesday, April 8, 2008, 10 a.m.
H. Public Comments:
Chair Zogmaister noted that in recognition of County Government Week some businesses and citizens would be recognized at next week’s Commission meeting, and she invited anyone interested to attend.
I. AdjournCommissioner Bischoff moved to adjourn at 10:39 a.m.; Commissioner Dearden seconded, all voting aye.
Jan M. Zogmaister, Chair
Weber County Commission
Weber County Clerk/Auditor