Minutes for 2008-05-06, Direct pdf link.
MINUTES
OF THE BOARD OF COMMISSIONERS OF WEBER COUNTY
Tuesday, May 6, 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: David C. Wilson, Deputy County Attorney; Roger Brunker, Clerk/Auditor’s Office; Fátima Fernelius, Clerk/Auditor’s Office, took minutes.
A. Welcome - Chair Zogmaister
B. Pledge of Allegiance - Fátima Fernelius
C. Thought of the Day - Commissioner Bischoff
D. Consent Items:
1. Purchase orders in the amount of $274,225.36
2. Warrants #236991 - #237168 in the amount of $493,275.75
3. Minutes for the meeting held on April 29, 2008
4. Real Property Lease Extension Agreement with S&S Excavation - Contract C2008-137
Commissioner Dearden moved to approve the consent items; Commissioner Bischoff seconded, all voting aye.
E. Action Items:
1. Contract with Cachecade 1, L.L.C., for an Emergency Access Easement Agreement - Contract C2008-138
Doug Dickens, County Operations Department, showed area maps. The petitioners, who own property adjacent to the county Fairgrounds, will be developing 80-84 single homes and had asked for access between the parking lot of the county Animal Shelter and their property. The easement is across county property and the petitioners will be constructing and maintaining a crash gate and road, for emergency vehicles only, between the Fairview Manor property and the county parking lot. Mr. Dickens addressed the commissioners’ questions including that the gate keys would remain in the county’s possession.
Commissioner Bischoff moved to approve Contract C2008-138 between Weber County and Cachecade 1, L.L.C., for an Emergency Access Easement Agreement; Commissioner Dearden seconded, all voting aye.
2. Request for discussion and/or action on new animal control fees
Ron Willis, Animal Control, outlined the fee changes for non-contracting and contracting cities stating that he had visited with the cities and they were aware of these changes. Mr. Willis addressed the commissioners’ questions, clarifying some of the items.
Commissioner Dearden moved to approve the first reading of the ordinance relating to animal control fees; Commissioner Bischoff seconded, all voting aye.
3. Contract Format with Swanson Tactical Training Center, LLC for a release/waiver for activities conducted at the Tactical Training Facility
Reed Richards, Deputy County Attorney, noted that the Swanson Foundation prepared a release/waiver for agencies using their law enforcement training facility. Discussion ensued that the Sheriff would be authorized to sign the release/waiver because he would be better suited to address its terms such as the condition of the equipment and the physical/mental condition of the users.
Commissioner Bischoff moved to approve the format of the contract between Weber County and Swanson Tactical Training Center, LLC for a release/waiver for activities conducted at the Tactical Training Facility; Commissioner Dearden seconded, all voting aye.
4. Contract with Kimberly Clark Corporation to provide local security support on an “as needed” basis - Contract C2008-139
Reed Richards, Deputy County Attorney, presented this contract to provide security support through the Sheriff’s Office to Kimberly Clark on an as needed basis. The term is effective today through 6/30/2008
Commissioner Dearden moved to approve Contract C2008-139 between Weber County and Kimberly Clark Corporation to provide local security support on an “as needed” basis; Commissioner Bischoff seconded, all voting aye.
5. Request for Contract with David Harris for inspection of Weber County Beehives
This contract will be handled next Tuesday.
F. Public Hearing:
1.Commissioner Bischoff moved to adjourn the public meeting and convene the public hearing; Commissioner Dearden seconded, all voting aye.
2. Public hearing to consider rezoning the Eden Blacksmith Shop property located at approximately 2145 North & 5500 East from Agricultural Valley-3 (AV-3) and Commercial Valley (CV-1) to Commercial Valley (CV-2)
Scott Mendoza, County Planning Department, noted that currently this 1.31 acres parcel consisted of about 1.1 acres of agriculture and about .21 acres of commercial zoning (CV-1). This property had been entirely AV-3 zoning until October 2000 at which time the owners were concerned about a non-conforming use on the property (the blacksmith shop) and rezoned 1/4 acre of the property to CV-1 in order to preserve the shop. This item had been before the Ogden Valley Planning Commission a couple of times and originally there had been concern with the level of proposed commercial and the impact on the neighborhood around the Eden Park. The item was tabled and the uses studied.
The uses causing concern have been removed and conditions/additional limitations placed on the item, and the number of uses were increased. One of the listed uses was antique auto sales service and Mr. Mendoza explained that staff had been very careful in allowing this use, defining “antique,” limiting the number of autos, bays, and operation hours.
To ensure the uses were not too intense for this “neighborhood commercial” site limitations were placed on square footage, the buildings were to be single stories, were not to allow drive-through service, and some nightly rentals that may occur on the property were limited to four guest rooms. The Ogden Valley Sensitive Lands Ordinance applies to this item and the General Plan was also referred to in this process. This proposal conforms to the General Plan, which has identified the blacksmith shop as a historical landmark, and thus an important site to preserve. The Sensitive Lands Ordinance states that developments occurring on historical/cultural resource sites, shall identify, preserve and promote this site. By approving this commercial development, the petitioner would be able to put some financial mechanism in place to help fund the costly restoration and eventual registration of the blacksmith shop on the National Register of Historic Places. A condition of the rezone calls for the blacksmith shop to get on the National Register within five years. Staff visited the site and Mr. Mendoza said that they recognized the significant risk of losing this historical landmark. He said it was a wonderful building but was in significant disrepair.
The State highly recommended restoring the building and for the architectural style and materials to remain because they added much to the character of Ogden Valley.
Some of the concerns heard at the Ogden Valley Planning Commission included that the landowner to the north had concerns with boundary issues, but the petitioner had a survey conducted and that common boundary had been addressed. Other concerns with all surrounding neighbors was lighting and parking and one of the conditions of the rezone requires a year-round screening device (i.e., landscaping, fencing). All the surrounding property is zoned agriculture, and another condition calls for the petitioner to acknowledge that prior to rezoning, a majority of the Blacksmith Village and all adjacent properties are zoned agriculture and that agriculture is a preferred use, and no agricultural use will be restricted on the basis that it interferes with the Blacksmith Village development.
Mr. Mendoza said that some Ogden Valley owners felt it would be best to have the blacksmith shop preserved as a working museum but the State Historical Office felt that it would be maintained at a higher level if the building was used for a retail-type use. Initially, the petitioner plans to start structural restoration. The Planning Commission had unanimously recommended approval, subject to the listed conditions, limitations and uses listed, also that all boundary issues be worked out with all neighbors, and a specific effort be made to work with the Robins (neighbors to the north), and that there be no tower in the architecture of the buildings.
Chair Zogmaister noted that this area had not been identified in the General Plan as a commercial node. Mr. Mendoza said that was correct but the site itself had been identified as a rich cultural resource which should be preserved, and this action helped to preserve the blacksmith shop. By rezoning the entire parcel to CV-2 it allowed a limited and conditional commercial development, which helped fund the blacksmith shop’s restoration. Commissioner Bischoff asked about setting a precedent for surrounding agriculture area and Mr. Mendoza felt that this project was distinguished from others because of the existing historical blacksmith shop, and that this site had been specifically identified in the General Plan to be preserved, and all other commercial property around the Eden Park was zoned CV-2.
Pam Collard, Manager of Horseshoe, LLC, owner of the subject property, gave the history of the blacksmith shop, built in 1893, which has had various uses and was an integral part of the Valley. It had been left in its original blacksmith shop condition. Currently, there were serious deterioration problems in the building, and they planned to address that immediately and did not know if they would start the new commercial developments within two years. Restoration would be very expensive and they needed the zoning to create retail space to help generate funds. There was a house on site that could be turned into retail space immediately. Dan Vanzeben, architect, showed color areals, complemented Mr. Mendoza on a positive process, and said that the project did not go back more than about 300 ft. from 5500 E., thus did not go deep into the agricultural area. He indicated that they had worked closely with the Eden Planning Committee on this project and outlined the building’s restoration process using its architectural motif for the other buildings, maintaining material and color consistency.
Chair Zogmaister invited public comments and following is a summary: Steve Robins, owner to the north of this proposal said that his mother had asked him to speak in her behalf as well. He agreed with restoring the blacksmith shop and said that the initial proposed uses were low key. He lives right next door and opposed the CV-2 zoning. He said that the Historical Register required the building to be restored to its original state and they would dictate what could be done with it. There were other commercial zones but the petitioner did not want to pursue them because of the length of time that process would take. His major concerns were that the original uses had not been very limited and it could get worse in the future, and a 5,000 sq ft. building in the back was a problem. Mr. VanZeben explained that if they did a full historical restoration, they could get tax credits, but there was no money available for this type of restoration, and it was a difficult process. Chris Williams, stated that this was a worthy project. His neighborhood was across from the Junior High School and several neighbors had discussed this issue last night and they were in favor of the restoration and of the commercial development–a welcome addition to the community.
3.Commissioner Bischoff moved to adjourn the public hearing and reconvene the public meeting; Chair Zogmaister seconded, both voting aye.
4. Action on public hearing:
F.2. - rezoning Eden Blacksmith Shop from AV-3 & CV-1 to CV-2 - Ordinance 2008-17
Commissioner Dearden noted that the list of uses did not allow any uses outside of the building, which could cause noise, etc., which was very positive. Commissioner Bischoff noted that this was a worthy project and complied with the goals/objectives of the Ogden General Plan. Chair Zogmaister noted that the Commission took into consideration Mr. Robins’ concerns about precedent setting and would closely monitor that because the Commission wanted this to be a controlled growth and to develop into what had been presented today.
Commissioner Dearden moved to adopt Ordinance 2008-17 rezoning the Eden Blacksmith Shop property located at 2145 North & 5500 East from Agricultural Valley-3 (AV-3) and Commercial Valley (CV-1) to Commercial Valley (CV-2), with the Planning Commission’s conditions to be adhered to; Commissioner Bischoff seconded.
Roll Call Vote:
Commissioner Dearden aye
Commissioner Bischoff aye
Chair Zogmaister aye
G. Assign Pledge of Allegiance &Thought of the Day for Tuesday, May 13, 2008, 10 a.m.
H. Public Comments: None
Closed Session to discuss strategy relating to the purchase or sale of real estate and imminent or ongoing litigation
Commissioner Bischoff moved to close the regular meeting and conduct a closed session on strategy relating to the purchase or sale of real estate and imminent or ongoing litigation; Commissioner Dearden seconded.
Roll Call Vote:
Commissioner Dearden aye
Commissioner Bischoff aye
Chair Zogmaister aye
Action on Closed Session:
Commissioner Dearden moved to give Monette Hurtado, Deputy County Attorney, formal authority to move forward with the Chevron Pipeline Company’s revised tax assessment for tax year 2006; Commissioner Bischoff seconded, all voting aye.
I. Adjourn Commissioner Bischoff moved to adjourn at 11:55 a.m.; Commissioner Dearden seconded, all voting aye.
Jan M. Zogmaister, Chair
Weber County Commission
Weber County Clerk/Auditor