Minutes for 2008-09-30, Direct pdf link.
MINUTES
OF THE BOARD OF COMMISSIONERS OF WEBER COUNTY
Tuesday, September 30, 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; Roger Brunker, Clerk/Auditor’s Office, took minutes.
A. Welcome - Chair Zogmaister
B. Pledge of Allegiance - Alan McEwan
C. Thought of the Day - Chair Zogmaister
D. Consent Items:
1. Purchase orders in the amount of $309,689.54
2. Warrants in the amount of $2,882,859.62
3. Approval of ACH payments to US Bank in the amount of $43,890.84 for purchasing card transactions made through billing cycle ending September 15, 2008
Commissioner Bischoff moved to approve the consent items; Commissioner Dearden seconded, all voting aye.
E. Action Items:
1. Discussion Relating to Possible Extension of the Consent Agreement for the Eden Valley Land Development Agreement C2002-22
Howard Schmidt, representing Eden Development, LLC, stated that three years ago he had purchased a parcel consisting of 175 acres of land in the Ogden Valley which had a consent agreement signed in 2002 and allowed for 1 ½ acre density instead of the one unit per 3 acre density that was being adopted. Mr. Schmidt developed 10 lots, incorporating them into the Wolf Creek Resort and becoming part of their master plan.
The likelihood of this development being completed in the remaining time (expiring 2/2012) would be difficult and he asked for an indefinite extension of the time period for completion as it was now part of a total master plan, and as long as their plan did not change from the accepted Wolf Creek master plan. He also noted that he had deeded about 90 acres of the total land to Wolf Creek for an additional 9 holes of golf.
Commissioner Bischoff noted that the vested rights was for 10 years and asked what had to happen to constitute meeting their development requirements. Scott Mendoza, County Planning Department, stated that the recording date generally determines the completion of a project. He pointed out that the consent agreement had several exhibits (property descriptions) and encompassed Mr. Schmidt’s property as well as property across the Ogden Valley. These exhibits were not included in the commissioners’ packets. Mr. Mendoza said that in 2002 when the agreement was signed that it involved one land owner but two or more different parcels (one was near Nordic Valley and this subdivision, Moose Mountain, was currently in process). Now there are two different owners and this could be two different projects. Mr. Mendoza noted that Mr. Schmidt had made efforts to move forward but had run into some challenges with the Army Corp. of Engineers relating to design as he started identifying wetlands. Mr. Schmidt stated that he only owned the parcel formerly known as Sun Valley Meadows in the Wolf Creek Resort area, and that was the only one he was making the request for.
David Wilson, Deputy County Attorney, noted that this item was on the agenda for discussion only to obtain the Commission’s direction for County Planning and legal counsel, and that this did not necessarily have to affect the other property, but that raised the question of fairness. Mr. Wilson felt that an indefinite extension was legally problematic. Commissioner Dearden felt comfortable adding five more years and revisiting the issue at that time.
The Commission gave direction for County Planning and legal counsel to work together to draw up the necessary document to accomplish a 5-year extension and to bring it back before the Commission. Relating to the other parcel, no one had made a request on it and Commissioner Bischoff asked if this extension automatically extended the other parcel and whether that other parcel was completed. Mr. Mendoza responded that Moose Mountain had received preliminary approval which might expire six months from now. Mr. Schmidt’s project had already recorded one phase. The commissioners felt that because Mr. Schmidt had made the request, the two projects should be treated separately.
2. Resolution Appointing a Member to Serve on the Weber County Housing Authority Board - Resolution 23-2008
Chair Zogmaister noted that on 9/2/2008 the Commission had made several appointments to this board and at that time had been waiting for one individual to respond, which had now occurred.
Commissioner Dearden moved to adopt Resolution 23-2008 appointing Gloria Froerer to serve on the Weber County Housing Authority for one term beginning 10/1/2008 through 12/31/2009; Commissioner Bischoff seconded.
Roll Call Vote:
Commissioner Dearden aye
Commissioner Bischoff aye
Chair Zogmaister aye
3. Contract with Utah Youth Rodeo Association for th UYRA 2008-2009 Season to be Held at the Golden Spike Event Center (GSEC) - Contracts C2008-195, 196
Jim Harvey, GSEC, stated that this item was for two different contracts. The first contract, for the riding arena and the outdoor stadium for 9/9/2008 and also for 10/7/2008, 5/19/2009, 6/9/2009 and 7/14/2009. The second contract was for the Golden Spike Arena and riding arena for 11/18/2008, 3/17/2009, and 4/14/2009.
Commissioner Bischoff moved approve Contracts C2008-195 and 196 with the Utah Youth Rodeo Association for the UYRA 2008-2009 season to be Held at the Golden Spike Event Center; Commissioner Dearden seconded, all voting aye.
4. Contract with Down Under Horsemanship for the Clinton Anderson “Down Under Horsemanship Event” for January 17-18, 2009 at the Golden Spike Event Center - Contract C2008-197
Jim Harvey, GSEC, presented this standard contract.
Commissioner Dearden moved to approve Contract C2008-197 with Down Under Horsemanship for the Clinton Anderson “Down Under Horsemanship Event” for 1/17-18/2009 at the Golden Spike Event Center; Commissioner Bischoff seconded, all voting aye.
5. Motion to Appoint a Member to the Community Action Partnership Board
Chair Zogmaister stated that Mayor Garwood, South Ogden City, had recommended Volkan Sahin to serve in this position.
Commissioner Bischoff moved to appoint Volkan Sahin to the Community Action Partnership board; Commissioner Dearden seconded, all voting aye.
6. Approve Notice to the Housing Authority for Termination of the 2005 Interlocal Agreement by/among Weber County, Weber County Housing Authority & Housing Authority of Ogden City
Chair Zogmaister stated that Weber County Housing Authority had an agreement with the Ogden City Housing Authority since 2005. After review, it was determined that, with the population growth in Weber County, it was necessary to have a housing authority that covered all of Weber County. Chair Zogmaister stated that legal counsel had reviewed this item. The former agreement is hereby terminated with the Ogden Housing Authority as of 1/1/2009, and the entities will act independently of each other. Ogden City Housing Authority had been sent a letter, meeting the terms of the agreement.
Commissioner Bischoff moved to approve notice to the Housing Authority for termination of the 2005 Interlocal Agreement by/among Weber County, Weber County Housing Authority and the Housing Authority of Ogden City; Commissioner Dearden seconded, all voting aye.
F. Assign Pledge of Allegiance &Thought of the Day for Tuesday, October 7, 2008, 10 a.m.
G. Public Comments: None
H. Adjourn
Commissioner Dearden moved to adjourn at 10:25 a.m.; Commissioner Bischoff seconded, all voting aye.
Jan M. Zogmaister, Chair
Weber County Commission
Weber County Clerk/Auditor
Alan D. McEwan, CPA