Minutes for 2008-09-23, Direct pdf link.
MINUTES
OF THE BOARD OF COMMISSIONERS OF WEBER COUNTY
Tuesday, September 23, 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; Monette Hurtado, Deputy County Attorney; Roger Brunker, Clerk/Auditor’s Office, took minutes.
A. Welcome - Chair Zogmaister
B. Pledge of Allegiance - Ernest Rowley
C. Thought of the Day - Chair Zogmaister
D. Presentation-certificates of appreciation to individuals for serving on RAMP Advisory Board
Candadai Seshachari, RAMP Advisory Board Chair, recognized seven past board members.
E. Consent Items:
1. Purchase orders in the amount of $132,455.59
2. Warrants in the amount of $1,505,540.37
3. Request for approval of new business licenses
Commissioner Bischoff moved to approve the consent items; Commissioner Dearden seconded, all voting aye.
F. Action Items:
1. First reading of an Ordinance reenacting the imposition and collection of Tourism, Recreation, Cultural and Convention Taxes
Dan Olsen, County Comptroller, presented the statutory annual renewal of this ordinance relating to the “restaurant tax”and the short-term vehicle lease.
Commissioner Dearden moved to approve the first reading of an ordinance reenacting the imposition and collection of Tourism, Recreation, Cultural and Convention Taxes; Commissioner Bischoff seconded, all voting aye.
2. Real Estate Purchase and Sale Agreement with Uintah City - Contract C2008-188
Monette Hurtado, Deputy County Attorney, stated that the county owned LSN 07-102-0068, which parcel cut off frontage to several homeowners and Uintah city approached the county to purchase it. The selling price was $1.00 but as the city marketed the individual frontage to each property owner the city was responsible to forward that money to the county.
Commissioner Bischoff moved to approve Contract C2008-188, Real Estate Purchase and Sale Agreement with Uintah City; Commissioner Dearden seconded, all voting aye.
3. Request that Hill Air Force Base be granted a license to operate a monitoring well located on parcel #07-078-0010 - C2008-189
Nate Pierce, County Operations Department Director, stated that this license allowed Hill Air Force Base to conduct groundwater and soil testing on property owned by the county. The license is for one year with four one-year renewable options at $500/year.
Commissioner Dearden moved approve Contract C2008-189, license to operate a monitoring well located on parcel LSN 07-078-0010; Commissioner Bischoff seconded, all voting aye.
4. Request to grant the Uintah Highlands Improvement District a nonexclusive perpetual easement across Weber County property to gain access to their property and provide frontage for eventual development of the property - C2008-190
Nate Pierce, County Operations Department Director, stated that the District had access to their property across county property (via a utility easement) for a number of years to service/access their water storage tank. The District has constructed a new water storage tank and will be taking the current tank off of this parcel. They want to sell the parcel and recoup some of their costs for the new tank and need frontage. Even though their property is just off of Melanie Lane, the access off of Melanie Lane is impossible because of the slope.
Commissioner Dearden had met with the Mr. Pierce and the County Recorder/Surveyor and Engineer a couple of times and also spoken with David Wilson, Deputy County Attorney, on this item. One of their concerns had been whether the county might use this property for a use other than a retention basin but it was determined that there was no anticipation that use would ever change and Commissioner Dearden felt comfortable with that.
Commissioner Bischoff moved to approve Contract C2008-190 granting the Uintah Highlands Improvement District a nonexclusive perpetual easement across Weber County property to gain access to their property and provide frontage for eventual development of the property; Commissioner Dearden seconded, all voting aye.
5. Right of-Way Contract, Quit Claim Deed, and Construction Easement with Utah Department of Transportation (UDOT) - Contracts C2008-191, 192 & 193
Nate Pierce, County Operations Department Director, noted that UDOT had a major project underway just off of Hinckley Drive on SR108 (Midland Drive) at about 2700 West. To complete their project, UDOT needed to purchase 7 square feet of property from the county (at a cost of $500). Additionally, UDOT had requested a construction easement while they developed that road section.
Commissioner Dearden moved to approve Contracts C2008-191, a Right of-Way Contract, a Quit Claim Deed, C2008-192, and C2008-193 a Construction Easement, by/between Weber County and the Utah Department of Transportation; Commissioner Bischoff seconded, all voting aye.
6. Final approval of Emerson Hills Subdivision Phase 2 at 6375 North, North Fork Road
Scott Mendoza, County Planning Department, stated that this subdivision, comprised of 5 lots, had a total of 29.76 acres and approximately 1,800 feet of public road improvements. The road had been constructed with a variation to the county subdivision road standard asphalt width of 31 ft. and had been built with a 24 ft. asphalt width. Chair Zogmaister asked why the road width was reduced and Curtis Christensen, County Engineer, noted that there were two road standards–the urban and the rural–and that most roads in western Weber County were 24-ft. width, which was adequate for this subdivision. Monette Hurtado, Deputy County Attorney, said that the right-of-way remained the same; it was only the asphalt width that was reduced. Mr. Mendoza also noted that sanitary sewer services would be provided by a septic tank and common drain field system (see the following item).
Chair Zogmaister asked about “shared roadway” path types and Mr. Mendoza explained that Chapter 40 of the Zoning Ordinance, listed various types of paths, including a shared roadway. Because there were so few lots in this subdivision, no pathway would be constructed besides the road. Ms. Hurtado explained that there was that large right-of-way adjacent to the asphalt available to pedestrians. The Ogden Valley Planning Commission unanimously recommended approval of this item.
Commissioner Dearden moved to grant final approval of the Emerson Hills Subdivision Phase 2 located at 6375 North, North Fork Road; Commissioner Bischoff seconded, all voting aye.
7. Agreement with Radford Hills Corp. and Emerson Hills Homeowners for sewer maintenance - Contract C2008-194
Chad Meyerhoffer, County Engineering, stated that this agreement was for the 5 lots in Emerson Hills (see above item). Each individual home would have its own septic tank, flowing down an 8" line, and each of the laterals would be owned by individual homeowners. Mr. Meyerhoffer noted that the only difference from similar agreements approved in the past was that there was no homeowners association, which generally were responsible for the monthly fee in the event the county was not able to collect it. He stated that the county would try to work with Durfee Creek Water to see about having an agreement with them should the county need to collect fees.
The county is acting as the body politic for this development, provides the maintenance, and the agreement stipulates that if a sewer district is formed they will annex into it. Mr. Meyerhoffer said that most problems generally occur shortly after installation and this system had been installed on 9/15/2005. The commissioners asked questions relating to recouping fees and maintenance costs. If the county was not able to obtain an agreement with Durfee Creek Water Mr. Meyerhoffer said that it would have to do some type of lien on the property. Monette Hurtado, Deputy County Attorney, stated that the county might be able to collect fees through the direct charges. Most of the other agreements for a body politic require money to be set aside to handle maintenance in the event there are problems but this agreement did not contain such a clause and Mr. Meyerhoffer said that the funds would come from the user fees as they are collected on a monthly basis from the individuals once they move in.
Commissioner Dearden moved to approve Contract C2008-194with Radford Hills Corp. and Emerson Hills Homeowners for sewer maintenance; Commissioner Bischoff seconded, all voting aye.
G. Assign Pledge of Allegiance &Thought of the Day for Tuesday, September 30, 2008, 10 a.m.
H. Public Comments: None
I. Adjourn
Commissioner Dearden moved to adjourn at 10:35 a.m.; Commissioner Bischoff seconded, all voting aye.
Jan M. Zogmaister, Chair
Weber County Commission
Weber County Clerk/Auditor
Alan D. McEwan, CPA