Minutes for 2008-07-22, Direct pdf link.

MINUTES
OF THE BOARD OF COMMISSIONERS OF WEBER COUNTY
Tuesday, July 22, 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 - Alan McEwan
C. Thought of the Day - Commissioner Dearden

D. Consent Items:
1. Purchase orders in the amount of $376,869.33
2. Ratify Warrants #239455- 239632 for July 15, 2008 in the amount of $966,889.68
3. Warrants #239634-239918 for July 22, 2008 in the amount of $1,988,716.79
4. ACH payment to US Bank in the amount of $41,009.42 for purchasing card transactions made through the billing cycle ending July 15, 2008
5. Surplus vehicles from Fleet Management that have been identified for disposal
6. Set public hearing for August 12, 2008, 10 a.m., regarding the vacation of Lots 12 and 13 in Wolf Creek Subdivision No. 1
7. New beer license
Commissioner Dearden moved to approve the consent items; Commissioner Bischoff seconded, all voting aye.

E. Action Items:

1. Resolution of the Board of Commissioners of Weber County to appoint a member to the Weber County Library Board - Resolution 14-2008

Chair Zogmaister read the resolution which stated that a term had expired on this Board. Commissioner Bischoff expressed thanks to Margaret Rostkowski for her long time service.
Commissioner Bischoff moved to adopt Resolution 14-2008 appointing Tom Taylor to the Weber County Library Board to serve a 4-year term expiring 6/30/2012; Commissioner Dearden seconded.
Roll Call Vote:
Commissioner Dearden aye
Commissioner Bischoff aye
Chair Zogmaister aye

 

2. Approval of the 2008 Tax Rates

Alan McEwan, County Clerk/Auditor, presented the county property tax rates stating that these were for the General Fund, the Debt Service Fund, the Health Fund, Library Fund, and State and County Assessing and Collecting Funds. McEwan addressed a public question regarding whether rates had increased.
Commissioner Bischoff moved to approve the 2008 tax rates; Commissioner Dearden seconded, all voting aye.

3. Revision of the Arena Advisory Board By-laws - Resolution 15-2008

Jennifer Graham, County Recreation Director, stated that the Board had reviewed the by-laws and made some revisions, primarily regarding the committees and their functions.
Commissioner Dearden moved to adopt Resolution 15-2008 revising the Arena Advisory Board by-laws; Commissioner Bischoff seconded.
Roll Call Vote:
Commissioner Dearden aye
Commissioner Bischoff aye
Chair Zogmaister aye

4. Contract with Bank of Utah regarding an escrow for maintenance of the Central Sewer System owned/operated by Hawkins Creek Estates Homeowners Association - Contract C2008-168

Chad Meyerhoffer, County Engineering, stated that this related to one of the sewer systems for which the county functioned as the body politic. As part of their sewer maintenance agreement, Hawkins Creek was required to establish a reserve fund in the amount of $20,000 to help with ongoing maintenance/repairs before fees were colleted for the system. Commissioner Dearden asked how the amount was determined and Mr. Meyerhoffer said that the county had established the amount based on the number of lots, etc. Commissioner Bischoff asked if a part of that amount was used if Hawkins would be required to replenish the $20,000 and Mr. Meyerhoffer responded that the county was not planning to replenish that fund.
Commissioner Bischoff moved to approve Contract C2008-168 with the Bank of Utah regarding an escrow for maintenance of the Central Sewer System owned and operated by Hawkins Creek Estates Homeowners Association; Commissioner Dearden seconded, all voting aye.

 

5. Declare the following parcels as surplus property:
#19-064-0002
#13-151-0006
#12-019-0015

Nate Pierce, County Operations Director, requested declaring these three parcels surplus.
LSN 19-064-0002 - Lot 26 in the Weber Industrial Park Plat B, is not buildable and the value of the 0.26 acres is between $5,000-$8000. Pictsweet, an adjacent owner, expressed interest in purchasing it.
LSN 13-151-0006 - This is a non-buildable lot, consisting of about 529 sq. ft., and the value is $150. Ernest Rowley, County Recorder/Surveyor, stated that this lot had a recorded easement, and he requested that it be included in the sales agreement.
LSN 12-019-0015 - This is a non-buildable lot (1,560 sq. ft.) and adjacent property owners desired to purchase it. The estimated value is $450.
Commissioner Dearden moved to declare LSNs 19-064-0002, 13-151-0006, and 12-019-0015 as surplus property; Commissioner Bischoff seconded, all voting aye.

6. Contract with Broken Heart Rodeo Company, LLC to have the rodeo at the 2008 Weber County Fair - Contract C2008-169

Stacey Skeen, Weber County Fair, presented this contract in the amount of $6,000 plus $10/timed cattle event.
Commissioner Bischoff moved to approve Contract C2008-169 with Broken Heart Rodeo Company, LLC for a rodeo at the 2008 Weber County Fair; Commissioner Dearden seconded, all voting aye.

 

7. Contract with Tammy Hunt for hand painted signs at the 2008 Weber County Fair - Contract C2008-170

Stacey Skeen, Weber County Fair, presented this contract in the amount of $1,800.
Commissioner Dearden moved to approve Contract C2008-170 with Tammy Hunt for hand painted signs at the 2008 Weber County Fair; Commissioner Bischoff seconded, all voting aye.

8. Contract with Kylie Cook to provide announcements at the 2008 Weber County Fair - Contract C2008-171

Stacey Skeen, Weber County Fair, presented this contract in the amount of $800.
Commissioner Bischoff moved to approve Contract C2008-171 with Kylie Cook to provide announcements at the 2008 Weber County Fair; Commissioner Dearden seconded, all voting aye.

9. Contract with Mike Van Alfen for a demolition derby at the 2008 Weber County Fair - Contract C2008-172

Stacey Skeen, Weber County Fair, stated that the county would pay the contractor $2,000 for the production fee and $10,000 in premiums.
Commissioner Dearden moved to approve Contract C2008-172 with Mike Van Alfen for a demolition derby at the 2008 Weber County Fair; Commissioner Bischoff seconded, all voting aye.

10. Contract with Great Basin Antique Machinery to have the Southwest Regional Show for the Antique Farm Machinery at the 2008 Weber County Fair - Contract C2008-173

Stacey Skeen, Weber County Fair, presented this contract in the amount of $1,000.
Commissioner Bischoff moved to approve Contract C2008-173 with Great Basin Antique Machinery to have the Southwest Regional Show for the Antique Farm Machinery at the 2008 Weber County Fair; Commissioner Dearden seconded, all voting aye.

 

11. Ordinance vacating a portion of Juniper Lane - Ordinance 2008-23

Sean Wilkinson, County Planning Department, stated that in 2005 the County Commission held a public hearing regarding vacation of a portion of Juniper Lane within Wolf Creek Subdivision No. 1. This portion of the road had never been built. At that meeting, county staff had explained that if the road vacation was approved, an amended subdivision plat would be required to add the vacated portion of the road to lots 12 and 13 of Wolf Creek Subdivision No. 1. The ordinance had not been prepared previously because the amended subdivision plat did not come in until January 2008. The Planning Commission recommended final approval. The request for final approval of lots 12 and 13 of Wolf Creek Subdivision No. 1, 1st Amendment follows in this agenda, thus this portion of Juniper will be vacated and the portion that was within that road area will be given to those two lots on an amended subdivision plat.
Commissioner Bischoff moved to adopt Ordinance 2008-23 vacating a portion of Juniper Lane; Commissioner Dearden seconded.
Roll Call Vote:
Commissioner Dearden aye
Commissioner Bischoff aye
Chair Zogmaister aye

 12. Final approval of Wolf Creek Subdivision No. 1, 1st Amendment Lots 12 and 13

See item E.11 above.
Commissioner Dearden moved to grant final approval of Wolf Creek Subdivision No. 1, 1st Amendment Lots 12 and 13; Commissioner Bischoff seconded, all voting aye.

13. Final approval of the Welcome Center Subdivision (1 Lot)

Sean Wilkinson, County Planning Department, stated that this was a new structure constructed by Wolf Creek and the purpose of this subdivision was to separate the portion of land where the Welcome Center sat from a larger tract of land also owned by Wolf Creek. This item had been administratively approved on 6/20/2008 according to the Weber County Subdivision Ordinance (Minor Subdivisions). There is an agreement that will be entered into by Wolf Creek prior to recording the plat which states that there are geotechnical concerns.
Commissioner Bischoff moved to grant final approval of the Welcome Center Subdivision (1 lot); Commissioner Dearden seconded, all voting aye.

14. Final approval of Carter Brothers Subdivision (1Lot)

Sean Wilkinson, County Planning Department, stated that this subdivision was made up of two parcels that were created when North Fork Road was moved from the original to its current location. The two parcels have been combined for a total lot area of 2.89 acres, which is less than the 5 acre requirement for the F-5 zone where this is located. County staff had concluded that this parcel could be approved as a subdivision based upon the history of the parcel with the road being relocated. The Planning Commission unanimously recommended final approval of this subdivision on 7/25/2007. In connection with this subdivision, a portion of North Fork Road that is no longer used will be vacated. A public hearing was held on 10/2/2007 regarding that vacation and Ordinance 2007-28 was adopted but it was to become effective upon the recording of the Carter Brothers Subdivision.
Commissioner Dearden moved to grant final approval of Carter Brothers Subdivision (1 lot); Commissioner Bischoff seconded, all voting aye.

15. Final approval of the Sundance Ridge Subdivision located at approximately 5515 East Snow Basin Road

Scott Mendoza, County Planning Department, stated that this 4-lot subdivision consisted of 14.95 acres with 275 feet of private road improvements. He noted that there was a financial guarantee in the amount of $106,500 for remaining improvements. There is a variation to the subdivision standards relating to the entry features that were approved by the Ogden Valley Planning Commission, which unanimously recommended approval of this item. Chair Zogmaister asked if the Sensitive Lands ordinance was utilized in this item because of ridgelines, etc., and Mr. Mendoza responded that when they progressed towards site-specific approval, the subdivision would be subject to the new sensitive lands ordinance. He noted that this subdivision had been in process during that ordinance adoption process and the developer chose to deed restrict these lots so that they will not only be subject to the Ridgeline Ordinance and the Sensitive Lands Ordinance but to deed restrictions.
Commissioner Bischoff moved to grant final approval of the Sundance Ridge Subdivision located at approximately 5515 East Snow Basin Road and to approve the $106,500 financial guarantee; Commissioner Dearden seconded, all voting aye.

 

 16. Ordinance amending Title 11 of the Weber County Ordinance (Fire Code) by adopting the International Fire Code, 2006 edition, and the Utah Wild-Land Urban Interface Code, 2006 edition - Ordinance 2008-24

Dave Vickers, Weber Fire District, encouraged the Commission to adopt a wild-land urban interface code in the best interest of the citizens and county and briefly outlined its requirements that help protect homes from wildland fires.
Commissioner Dearden moved to adopt Ordinance 2008-24 amending Title 11 of the Weber County Ordinance, Fire Code, by adopting the International Fire Code, 2006 edition, and the Utah Wild-Land Urban Interface Code, 2006 edition; Commissioner Bischoff seconded.
Roll Call Vote:
Commissioner Dearden aye
Commissioner Bischoff aye
Chair Zogmaister aye

17. Final approval of Wolf Creek Village Phase 1, 2nd Amendment

Scott Mendoza, County Planning Department, showed a survey map of the area. Mr. Mendoza stated that this item was related to the next item, F.2. The condominium project was recorded on 4/12/983 and was later amended and re-recorded as Wolf Creek Village Phase 1, 1st Amendment on 6/16/2006 to add office space.

Today’s amendment was requested to change an error made on 6/16/2006 that incorrectly renumbered units 114 and 115 to 113 and 114. This restores them back to 114 and 115.
Commissioner Bischoff moved to grant final approval of Wolf Creek Village, Phase 1, 2nd Amendment; Commissioner Dearden seconded, all voting aye.

F. Public Hearing

1.Commissioner Dearden moved to adjourn the public meeting and convene the public hearings; Commissioner Bischoff seconded, all voting aye.

2. Public hearing to consider the Vacation of Wolf Creek Village Phase 1 and Wolf Creek Village Phase 1, 1st Amendment

See item E. 17. Scott Mendoza, County Planning Department, stated that this item had been reviewed by the County Surveyor and Attorney’s Offices. This vacates the original plat from 1983 and the plat from 2006 to clear the record. Chair Zogmaister invited public comments and none were offered.

3. Public Hearing regarding the vacation of a public utility easement on Lot 26 of Allen Estates Subdivision Phase 2

Sean Wilkinson, showed an area map. He stated that the lot owner proposed to build a small shed and it met the setback requirements but was within a 10 ft. wide public utility easement that ran along the west boundary of lot 26. The petitioner desired to have that easement vacated. County Engineering had no concerns and letters had been received from the three utility companies, which were in agreement with this vacation. Chair Zogmaister invited public comments and none were offered.

4.Commissioner Bischoff moved to adjourn the public hearings and reconvene the public meeting; Commissioner Dearden seconded, all voting aye.

 5. Action on public hearing:

F.2. - Public hearing to Vacate Wolf Creek Village - Phase 1 and Wolf Creek Village- Phase 1, 1st Amendment - Ordinance 2008-25
Commissioner Dearden moved to adopt Ordinance 2008-25 vacating Wolf Creek Village Phase 1 and Wolf Creek Village Phase 1, 1st Amendment; Commissioner Bischoff seconded.
Roll Call Vote:
Commissioner Dearden aye
Commissioner Bischoff aye
Chair Zogmaister aye

F.3. - Public Hearing to vacate a public utility easement on Lot 26 of Allen Estates Subdivision Phase 2 - Ordinance 2008-26
Commissioner Bischoff moved to adopt Ordinance 2008-26 vacating a public utility easement on Lot 26 of Allen Estates Subdivision Phase 2; Commissioner Dearden seconded.
Roll Call Vote:
Commissioner Dearden aye
Commissioner Bischoff aye
Chair Zogmaister aye

G. Assign Pledge of Allegiance &Thought of the Day for Tuesday, July 29, 2008, 5:30 p.m. (Public hearing will begin at 6:00 p.m.)

H. Public Comments: None

J. Adjourn
Commissioner Dearden moved to adjourn; Commissioner Bischoff seconded, all voting aye.

Jan M. Zogmaister, Chair
Weber County Commission

Alan D. McEwan, CPA
Weber County Clerk/Auditor