Minutes for 2008-10-04, Direct pdf link.

MINUTES
OF THE BOARD OF COMMISSIONERS OF WEBER COUNTY
Tuesday, October 14, 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 - Fátima Fernelius
C. Thought of the Day - Commissioner Bischoff

D. Consent Items:
1. Purchase orders in the amount of $144,284.42
2. Warrants #242439-242670 in the amount of $905,861.91
3. Minutes for the meetings held on September 16, 2008 and October 7, 2008
4. Request to retire parcel #15-063-0008
Commissioner Dearden moved to approve the consent items as presented; Commissioner Bischoff seconded, all voting aye.

E. Action Items:

1. Final approval of the Emerson Hills Subdivision Phase 3 (1 lot)

Ben Hatfield, County Planning Department, stated that this subdivision, located at 6400 E. North Fork Road, Liberty, consisted of 5.83 acres in the F-5 Zone, and that it met all the applicable zoning ordinance requirements.

This subdivision has unique topographic features which limits the buildable area of the lot. The far west end contains some excessive slopes which require that a suitable buildable area be located exclusive of yard setbacks. The buildable area is outside of the 100 ft. setback (as required by the Sensitive Lands Ordinance) from the North Fork of the Ogden River, and it contains a portion which is at least 75 ft. X 100 ft. with an average slope of less than 25%. This subdivision has two rights-of-way to access other properties–one accesses the LDS Church Camp to the north and the other crosses the river up the mountain to North Fork Park. There is an old wooden foot bridge across the river and as the subdivision is recorded a memorandum will be recorded with it requiring new lot owners to build a new vehicular bridge per County Engineering standards. The Ogden Valley Planning Commission recommended approval of this item on 4/22/2008.
Commissioner Bischoff moved to grant final approval of the Emerson Hills Subdivision Phase 3 (1 lot); Commissioner Dearden seconded, all voting aye.

2. Extension of the Subdivision Improvement Agreements and financial guarantees for the Chalets at Ski Lake Phase 4 and the Summit at Ski Lake No. 9

Sean Wilkinson, County Planning Department, stated that these two subdivisions were recorded in the Spring of 2007. The Subdivision Improvement Agreements, which expire in the Spring of 2009, give the petitioner two years to complete the subdivision improvements and if that does not happen, the county has the authority to use the remainder of the financial guarantees to complete them. The developer has started the improvements but encountered some delays and will not complete them prior to the expiration of the agreements. He requested 1-year extension from today.

The total amount of the financial agreements for The Chalets at Ski Lake Phase 4 is $297,608.90 and County Engineering felt this was adequate. The petitioner put an additional $6,657.40 into the existing financial guarantee due to the increase in cost of materials. The new total for the Summit at Ski Lake No. 9 is $204,788.10.
Commissioner Dearden moved to grant an extension of the subdivision improvement agreements for the Chalets at Ski Lake Phase 4 with a financial guarantee in the amount of $297,608.90 and the Summit at Ski Lake No. 9 with a financial guarantee in the amount of $204,788.10; Commissioner Bischoff seconded, all voting aye.

 

3. Encroachment Agreement with Ben Toone to grant a license agreement for encroachment for a building on a county right-of-way - Contract C2008-198

Sean Wilkinson, County Planning Department, stated that in 2006 during the process of constructing a new building adjacent to the General Store in Eden, Ben Toone requested the vacation of a portion of 5500 E. Street (Old Highway 166) so that a portion of the General Store building would not encroach into the existing county road right-of-way. The County Commission at that time denied the vacation request but voted to allow a license to encroach, which would allow Mr. Toone to make improvements to his property that would meet the requirements of the County Planning Department.

In 2007 it was discovered that a new addition to the south side of the General Store building encroached slightly into the county road on 2200 N. Street. The previously mentioned license to encroach had not yet been prepared, and after discussion with the County Commission and Attorney’s Office, it was suggested that this encroachment be addressed in the same agreement. The Encroachment Agreement was prepared by the County Attorney’s Office and the encroachment description by the Surveyor’s Office. Mr. Toone signed this agreement, which allows the building and facilities to encroach upon the county road right-of-way until the county determines that it is in the best interest of the public health, safety and welfare to terminate it. Upon termination, the county would give 180 days written notice to Mr. Toone, who would be required to remove the encroachments and restore the property in the right-of-way to its former state. Should the encroachments not be removed within that specified time, the county has the right to enter the property and remove any encroachment facilities and bill Mr. Toone for those costs.

Commissioner Dearden pointed out that in 2006 Mr. Toone had requested a vacation for the west side but between that time he had built something else that also encroached. Mr. Wilkinson responded that Mr. Toone had built a vestibule on the south which slightly encroaches. Chair Zogmaister asked if there would be notification about this issue if this property was sold and Mr. Wilkinson replied that this agreement would be recorded with the property.
Commissioner Bischoff moved to approve Contract C2008-198, Encroachment Agreement with Ben Toone to grant a license agreement for encroachment for a building on a county right-of-way; Commissioner Dearden seconded, all voting aye.

 

4. Final approval of Rauzi Subdivision with a deferral of curb, gutter and sidewalk

Justin Morris, County Planning Department, stated that this was a 3-lot subdivision, with two parcels already in existence, but creating one new lot consisting of about 8 acres. This is to clear up some of the boundary issues with the County Surveyor’s Office.

All improvements (two fire hydrants) had been installed. The subdivision was within the 1 ½ mile radius of an elementary school. The Western Weber County Planning Commission recommended approval on 7/29/2008 with a deferral of curb, gutter and sidewalk.
Commissioner Bischoff moved to grant final approval of Rauzi Subdivision with a deferral of curb, gutter and sidewalk; Commissioner Dearden seconded, all voting aye.

 5. Interlocal Agreement with Utah Transit Authority (UTA) for snow removal & ground maintenance for 3 park-&-ride lots for the Frontrunner - Contract C2008-199

Nate Pierce, County Operations Department Director, stated that UTA had asked the county to take over maintenance of the grounds both during the summer time as well as snow removal/plowing in the winter for these lots. The contract contains a 90-day opt-out clause, costs will be based upon the number of hours and a Compensation Schedule is attached.
Commissioner Dearden moved to approve Contract C2008-199, Interlocal Agreement with Utah Transit for snow removal and ground maintenance for three park-and-ride lots for the Frontrunner; Commissioner Bischoff seconded, all voting aye.

6. Discussion and/or action on presentation of the Ogden/Weber Convention & Visitors Bureaus, Sales, Marketing and Strategy Plan for 2009

Sara Toliver, of the Ogden/Weber CVB, presented the 2008 achievements (which included that room nights booked through the OWCVB increased by 167% and OECC revenue increased by 257%) and 2009 strategies (which included increasing room nights and OECC revenue, and increasing involvement in legislative affairs). Ms. Toliver noted that tourism generated $708 in tax relief per household in our community. Commissioner Dearden expressed appreciation for CVB efforts and good work in the past year in the community’s behalf, which had been a tremendous asset. Chair Zogmaister noted that the CVB’s outreach and partnering had made a very positive difference in the community.

7. Contract with the State of Utah for reimbursement by the State to the Weber/Morgan Children’s Justice Center - Contract C2008-200

David Wilson, Deputy County Attorney, presented this annual contract renewal. The term was from 7/1/2008 - 6/30/2009 and was not to exceed $298,026.00. Commissioner Dearden noted that this was a great program.
Commissioner Bischoff moved to approve Contract C2008-200 with the State of Utah for reimbursement by the State to the Weber/Morgan Children’s Justice Center; Commissioner Dearden seconded, all voting aye.

F. Assign Pledge of Allegiance & Thought of the Day for Tuesday, October 21, 2008 10 a.m.

G. Public Comments: None

H. Adjourn
Commissioner Dearden moved to adjourn at 11:00 a.m.; Commissioner Bischoff seconded, all voting aye.

Jan M. Zogmaister, Chair
Weber County Commission

Alan D. McEwan, CPA
Weber County Clerk/Auditor