Minutes for 2001-05-29, Direct pdf link.
MINUTES
WEBER COUNTY COMMISSION MEETING
Tuesday, May 29, 2001 - 2:00 p.m.
Commission Chambers, Weber Center, Ogden, Utah
Each Commission meeting is recorded on audio tape. The tape is available to the public through the County Clerk's Office.
Commissioners Present: Chair Camille T. Cain, Commissioner Glen H. Burton and Commissioner Kenneth A. Bischoff.
Others Present: David C. Wilson, Deputy County Attorney; Roger Brunker, Chief Deputy, County Clerk/Auditor’s Office. Fátima Blackford, Administrative Assistant, Clerk/Auditor’s Office, took minutes.
A. Welcome.
B. The Pledge of Allegiance was conducted by Fátima Blackford.
C. The thought of the day was offered by Commissioner Burton.
D. Consent Items
1. Purchase Orders in the amount of $148,545.66.
2. Warrants #149264 - #149589 in the amount of $1,117,661.42.
3. Meeting Minutes, May 8 and May 15, 2001.
• Commissioner Bischoff moved to approve the consent items, less the minutes. Commissioner Burton seconded, all voting aye.
• Commissioner Burton moved to ratify last week’s Purchase Orders ($115,446.80) and Warrants #149028-149263 ($415,524.89). Commissioner Bischoff seconded, all voting aye.
E. Non-Action Items
1. Presentation of Seal of Service Award to Martha Rivera, County Operations, for Exceptional Service to Citizens and Employees of Weber County
The commissioners presented Ms. Rivera with a plaque, obelisk, Seal of Service pin and $50.00 for her exceptional service to the citizens and employees of Weber County.
F. Action Items
1. Requests for Refunds of Taxes - Age Based Fee Collected in Prior Year on Motor Vehicle Regarding Wayne/Cindy Porter in the Amount of $46.80 for an Overvalued Utility Trailer; and for Julie Nye in the Amount of $85.80 for an Overvalued ATV
Jennifer Roundy, County Assessor’s Office, presented two requests for refunds due to overvalued motor vehicles.
• Commissioner Bischoff moved to authorize the County Treasurer’s Office to issue a refund to Wayne or Cindy Porter ($46.80) and to Julie Nye ($85.80). Commissioner Burton seconded, all voting aye.
2. Recommendation of the Weber County Tax Review Committee Regarding Applications for Extension of Tax Sale Properties
Roger Brunker, County Clerk/Auditor’s Office, stated that since Mr. Kersey had been notified of the delinquent taxes on his home he had been making efforts to bring them current. To date, Mr. Kersey has paid $1,750, leaving a balance of $500. He has requested an extension of 5 months and will pay $100/month. The Tax Review Committee unanimously recommended granting the extension. Mr. Brunker said that in addition, two other applications for extension had been received this morning from individuals he had been working with: Vickie Elizondo, Anthony Stoddard. The Tax Review Committee had been unable to meet this week with a full quorum, however, Mr. Brunker said he felt comfortable that the Committee would have voted to grant the extensions. Regarding the Elizondo property, he said it was in Ms. Elizondo’s name, however, due to a recent divorce, it appears that it should be in Ron Elizondo’s name. Mr. Elizondo has requested at least 30 days to obtain the appropriate documentation from his ex-wife. A balance of $7,750 is due and Mr. Elizondo has promised to pay it within the 30 days, once the title is cleared. Mr. Brunker addressed the commissioners’ questions including that interest would continue to accrue. Mr. Brunker said that $1,730 were due in delinquent taxes on Mr. Stoddard’s home. Mr. Stoddard, a truck driver, has been in Nebraska for a few days due to truck problems and has been experiencing financial problems. Mr. Brunker had verified that he had filed bankruptcy. Mr. Stoddard had indicated to Mr. Brunker that he was now in a position where he could pay $200/month to satisfy the tax obligation.
• Commissioner Bischoff moved to grant the extension to Richard R. Kersey on the tax sale property, Land Serial #14-021-0010. Commissioner Burton seconded, all voting aye.
• Commissioner Bischoff moved to grant the extension to Ron Elizondo on the tax sale property, Land Serial #01-063-0034. Commissioner Burton seconded, all voting aye.
• Commissioner Burton moved to grant the extension to Anthony Stoddard on the tax sale property, Land Serial #08-103-0018. Commissioner Bischoff seconded, all voting aye.
3. Appointment of Five (5) Members to the Liberty Park Special Service Area
David Wilson, Deputy County Attorney, stated that this Service Area was in the process of working with the Clerk/Auditor’s Office regarding holding elections this November, however, presently terms had expired. The vacancies were advertised, as well as posted, so that there will be five sworn in board members in place until the November election. Six applications were received. Commissioner Burton indicated that the counties end up as the oversight board and yet, legally they have no oversight authority. The commissioners discussed the qualifications of each applicant.
• Commissioner Bischoff moved to appoint Kent Boyinton, Vern Beddes, Mike Rhees, Lynn Visser, and Mitch Holmes until the November election is held and the board members are sworn in according to the statutory date. Commissioner Burton seconded, all voting aye.
4. Request to Surplus Parcel 2 Located at Approximately 1600 Douglas Street
Gary Laird, County Operations Director, showed a plat map of this piece of property which is located at the top of Douglas Street. He said Ogden City had approached the county approximately 5 years ago about putting in a trail head access at this location. At that time a neighbor’s property, Daphne Gemar, was too close to the property line to meet zoning, and the City requested that the county sell her the 20 foot strip of property. Also at that time, a neighbor (Wilford Hales) across the street asked the county to sell to him Parcel 2, however, this transaction never took place. Mr. Laird stated that Mr. Hales has requested several times over the last 5 years that this transaction be completed. The county had a survey done at that time and a subdivision plat was prepared by the County Surveyor in order to sell two parcels to these adjacent landowners to create a public access and parking area in the configuration of a cul-de-sac. Mr. Laird had explained the process to Mr. Hales, which included first declaring this property surplus and then advertising it for 10 days. Mr. Laird stated that this 20 ft. wide parcel was not buildable and that he believed the value to be less than $5,000. Last year the City allocated funds and put in the trail head. Commissioner Burton pointed out that Mr. Hales wishes to create a buffer zone between his property and the trail and Mr. Laird said he would make sure that any offer made, as well as the deed, would contain language stating that the buffer area was to remain as such.
• Commissioner Burton moved to declare surplus Parcel 2, located approximately at 1600 Douglas Street. Commissioner Bischoff seconded, all voting aye.
5. American Federation of Musicians Agreement Between County & Marty Stuart Tours, Inc. for Fair Entertainment at the Weber County Fair
This item was held. 6. Resolution Authorizing Renewal of an Interlocal Agreement Between the City of Logan and the Weber County Library - Resolution 13-2001, Contract C2001-64
Lynnda Wangsgard, Weber County Library Director, asked for approval of this library reciprocal borrowing agreement between Weber County and the City of Logan. She stated that this agreement had already been approved by all appropriate Logan officials as well as the Weber County Library Board. This renewal commenced on January 1, 2001, and is effective through December 31, 2005. Ms. Wangsgard explained the program and stated that it had been very successful in providing resources to the citizens.
Commissioner Burton moved to adopt Resolution 13-2001 approving Contract C2001-64, renewing the Interlocal Cooperation Agreement with the City of Logan for the Logan Library. Commissioner Bischoff seconded.
Roll Call Vote
Commissioner Burton aye
Commissioner Bischoff aye
Chair Cain aye
7.Setting Public Hearing Date on ZP #013-2001, to Amend County Zoning Ordinance, Chapter 18B, Ogden Valley Commercial Zones, and Chapter 9C, Commercial Valley Resort Recreation, to Allow for Dwelling Units for Owner or Employee Within a Commercial Structure as a Conditional Use. Also to Change Terminology from “Nursery School” to “Day Care Center” in Order to be Consistent with Other Ordinances
Kelly Grier, stated that the Planning Commissions that heard this item and recommended approval of the amendments.
• Commissioner Burton moved to set a public hearing for June 19, 2001 at 2:00 p.m. regarding amending the Weber County Zoning Ordinance, Chapter 18B, Ogden Valley Commercial Zones, CV-1 and CV-2, and Chapter 9C, Commercial Valley Resort Recreation, CVR-1, to allow for dwelling units for owner or employee within a commercial structure as a Conditional Use permit, and also to change terminology from “Nursery School” to “Day Care Center.” Commissioner Bischoff seconded, all voting aye.
8. Request for Final Approval of Building Parcel 1-2001 (Lot 30 of Eden Hills Subdivision & 2.20 Acres of Unsubdivided Ground)
Jim Gentry, County Planning Department, showed an area map. The petitioner is proposing to combine 2.20 acres of unsubdivided ground with lot 30 of Eden Hills Subdivision, to be designated as one building parcel. The combination of the two parcels does not change lot lines. The Planning Commission unanimously recommended approval of this item.
• Commissioner Bischoff moved to grant final approval of building parcel 1-2001, lot 30 of Eden Hills Subdivision and 2.20 acres of unsubdivided ground. Commissioner Burton seconded, all voting aye.
9. Request for Deferral of Ditch Fencing Requirement for Brian Allen Subdivision at 575 South 8600 East in East Huntsville
Kevin Hamilton, County Planning Department, showed an area map of this 1-lot subdivision in the Ogden Valley. Mr. Hamilton stated that the ditch runs 60 ft. to the north of the subdivision lot. The question is whether to require the petitioner to fence the one side of the ditch. The next lot would include the ditch and whoever took that next parcel would be required to fence both sides of the ditch. The Planning Commission voted unanimously to recommend approval of the deferral. Chair Cain asked Mr. Hamilton if there were any liability issues that would fall to the county if the deferral was approved. David Wilson, Deputy County Attorney, expressed his feeling that deferrals created liability and recommended amending the ordinance, changing the deferral criteria to what is warranted under the ordinance rather than to grant a deferral. Mr. Hamilton pointed out the river on the map and stated that rivers are not required to be fenced.
• Commissioner Burton moved to grant deferral of the ditch fencing requirement for the Brian Allen Subdivision located at 575 S. 8600 E. in East Huntsville, with direction to the Planning Department to review the ordinance in an effort to clarify it. Commissioner Bischoff seconded, all voting aye.
10. Discussion - Regarding Final Approval of Giles Subdivision, 1700 West 3300 South, and Acceptance of the Financial Guarantee of $183,289.40. The Approval Should Also Address the Maintenance of the Sewer Line Within the Subdivision and a Deferral for Sidewalk
Jim Gentry, County Planning Department, showed an area map of this 7-lot subdivision located in an island in the unincorporated area of the county. The property is zoned Manufacturing M-1. Central Weber Sewer has a main sewer line on 3300 S. and the petitioner plans to tie into it and extend sewer to the 7 lots. The question regarding who will have ownership and maintain the sewer line on 1700 W. needs to be answered, and it would include taking over all the common drain fields as well. Central Weber will take care of the main sewer trunk line. Mr. Gentry said that the petitioner would be putting in curb and gutter in the subdivision but wanted deferral for sidewalk. There is no other sidewalk in the area. Chair Cain asked if the sewer issue had been discussed with the County Attorney’s Office, County Operations, Ogden City, or West Haven and Mr. Gentry stated it had not; it had been discussed only with County Engineering and Central Weber. Commissioner Burton asked how billing would be handled and what were currently the monthly service fees being collected on the other systems that the county had taken over the sewer lines within subdivisions. He asked that if the county accepted responsibility and something failed on the sewer line how were monies set aside for the repair, because the funds should not come out of the General Fund. Mr. Gentry said that usually Bona Vista Water handled billing and collected connection fees for Central Weber and that to his knowledge no service or maintenance fees were currently being charged on the other systems. He said County Engineer had been asked to look into this. The commissioners have requested a few times that County Engineering standardize the handling of the systems that are owned/maintained by the county. They again stated that this needs to be taken care of as soon as possible. Included in the financial guarantee is a $2,500 connection fee to Central Weber’s main sewer trunk line required by County Engineering for inspection of that connection. David Wilson, Deputy County Attorney, stated to Mr. Gentry that if the county accepted this responsibility, the petitioner needed to understand that there would be a monthly or quarterly maintenance fee imposed. The petitioner was not present to address questions and there was discussion regarding tabling the item. Don Sewell stated that he would be the developer on this property and had been in contact with Central Weber. Mr. Sewell stated to Mr. Gentry that it was news that Central Weber was not accepting maintenance of the line coming out of the subdivision. He asked for clarification as to why the county wished to table the item for one week and the commissioners and Mr. Wilson outlined the issues. Mr. Wilson asked if the petitioner had provided the information regarding who would own and who would maintain the sewer lines in the documents he had filed to subdivide or create the development. Mr. Gentry responded he had not. Mr. Wilson stated that if the county accepted maintenance responsibility then maintenance costs would have to be determined. Mr. Sewell said that he understood that there would be a maintenance fee if the county maintained ownership and that this amount was currently undetermined. Mr. Wilson asked that, if the county accepted maintenance responsibility, would the county inspect the connections and was there a fee for inspections to ensure that they were installed correctly, and if this had been part of the County Engineer’s consideration. Curtis Christensen, County Engineer, was not present at this meeting and Mr. Gentry responded he did not know. This item was tabled in order to address unanswered questions, which include whether Mr. Christensen has included any inspection fees in the financial guarantee, and what the amount of funds would be set aside if Mr. Christensen anticipates the need for an initial maintenance fund. Mr. Sewell stated no objection with tabling this item for one week. 11. Resolution and Interlocal Agreement with Weber Human Services for Forensic Social Worker Services at the Weber County Sheriff’s Complex - Resolution 14-2001, Contract C2001-65
David Wilson, Deputy County Attorney, gave an overview of this item and stated that the term was for four years commencing June 1, 2001. He said that the Weber County Sheriff and Chief Cook had wanted for some time to increase the frequency and the amount of service available to both staff and inmates relating to psychological services at the Sheriff’s Complex, especially now with the increased populations at the Complex. Weber Human Services (WHS) had provided this service for some time and then wished to discontinue it. A Request for Proposal was sent out, however, there were no responses by the deadline. WHS agreed to continue to provide services as well as to upgrade them. This agreement provides for a full-time licensed clinical social worker and Ted Clayton has been designated for this service. Service includes 24-hour acute crisis intervention. The compensation is $60,000/year (which includes benefits) and the county has agreed to provide a separate insurance policy similar to the jail physician’s. Deputy Weber County Attorney, Chris Allred, had reviewed this contract and Mr. Wilson recommended its approval. Chief Cook expressed that it was imperative for the county to have at least one full-time employee for the amount of inmates at the facility. Chair Cain suggested making all references to the clinician the same throughout the agreement. The initial reference will be “licensed clinical social worker” and “clinician” thereafter.
Commissioner Burton moved to adopt Resolution 14-2001, approving Contract C2001-65 with Weber Human Services for Forensic Social Worker Services at the Weber County Sheriff’s Complex, with the amended reference to the position as discussed. Commissioner Bischoff seconded.
Roll Call Vote
Commissioner Burton aye
Commissioner Bischoff aye
Chair Cain aye •
12. Northern Utah Criminal Apprehension Team Interagency Agreement - Contract C2001-66
Weber County Sheriff Brad Slater stated this was a renewal of the Northern Utah Criminal Apprehension Team (NUCAT) agreement wherein the Sheriff’s Office contributes manpower along with other law enforcement agencies (federal, state & local) to a task force operation (NUCAT) which facilitates and investigates violent crimes and fugitive warrants. He stated that this program had been successful. Participants include the FBI, Utah Department of Corrections, Davis County Sheriff’s Office, Ogden City Police and Weber County. Sheriff Slater stated that this program is funded by the FBI and the county’s contribution is one detective (manpower). The FBI provides the office space, training, and reimburses for overtime.
• Commissioner Burton moved to approve Contract C2001-66, Northern Utah Criminal Apprehension Team (NUCAT) Interagency Agreement. Commissioner Bischoff seconded, all voting aye.
13. Letter of Intent with the State Forester to Participate in the Wildland Fire Suppression Fund for Reimbursement of Costs to Fight Wildland Fires
Commissioner Burton stated that about five years ago the state had put in place an agreement for a wildland fire suppression fund, however, Weber County had not been named a party to it. When a county exceeds its fire fighting capability costs, the state will pay at 100% the amount to suppress the fires. He said that last year once again the program went broke and the state legislature stepped in and paid the bills. This program has now been restructured and the cap is $8,000,000. Commissioner Burton stated that he did not feel totally comfortable with the formula that the state had placed into the legislation, and some questions need to be answered including what qualifies for the wildland fire suppression fund. Commissioner Burton outlined the benefits to the county and recommended submitting the Letter of Intent to the State Forester to participate in the fund. The deadline to join the fund is May 31, 2001. The county’s fee is $68,414.00. Commissioner Burton said that a decision would need to be made regarding whether the county’s disbursement of the fund was in addition to Weber Fire District’s funding, which the county already provides for watershed protection. David Wilson, Deputy County Attorney, stated that an interlocal agreement would subsequently come before the Commission for approval, and then negotiation on the agreement with the Fire District.
• Commissioner Burton moved to approve sending a Letter of Intent with the State Forester to participate in the Wildland Fire Suppression Fund for reimbursement of costs to fight wildland fires. Commissioner Bischoff seconded, all voting aye.
G. Public Hearings
1.• Commissioner Burton moved to adjourn the public meeting and convene the public hearings. Commissioner Bischoff seconded, all voting aye.
2. Public Hearing on Conditional Use Permit Application CUP # 10-01 by Ronald Catanzaro for a Planned Residential Unit Development (P.R.U.D.) Consisting of 88 Condominium Units at Approximately 6486 East Hwy. 39
Kevin Hamilton, County Planning Department, stated that this was a request for approval of a P.R.U.D. on 7.1 acres in the Ogden Valley, consisting of 88 condominium units in 13 buildings, 2 of which are constructed. This project originally received approval in 1998 and the time frame expired, thus the petitioner asked for reapproval of the same project. The Planning Commission unanimously voted to recommend approval. Mr. Hamilton showed a color drawing of a condominium, pointing out the river rock that will be used and the wood siding. Chair Cain invited public comments and none were offered.
3. Public Hearing Regarding a Request to Amend the Master Plan for the Wolf Creek Resort Development, Continued from May 8, 2001
This item is a continuation from the May 8, 2001 meeting. Kelly Grier, County Planning Department, stated that the petitioner was requesting approval of the ordinance and the Zoning Development Agreement, pending submittal of legal descriptions, which should be completed next week. Ms. Grier pointed out that neither document can be published or recorded until the legal descriptions are attached. She referred to the three columns of uses listed in the first page of the agreement, stating that the first two columns were of uses already approved for CV-2 for Dr. Catanzaro’s site on the south shore of Pineview. The third column consists of additional uses that Wolf Creek was requesting: bed & breakfast inn; bed & breakfast hotel; liquor store; beer parlor, sale of draft beer; antique, import or souvenir shop; hotel; temporary building for uses incidental to construction work. Such buildings shall be removed upon completion of the work. Chair Cain asked about the landscape plan for the sewer pond area that had been brought up at the last meeting. Ms. Grier said it was included in the agreement which stated: that the developer agreed to submit a Landscape Plan for the sewer pond area, which included plans for the irrigation and maintenance for such landscaping, that it would be approved administratively and installation of such landscaping materials was to be completed within six (6) months of the signing of the agreement. Commissioner Bischoff asked if the list of uses had been decreased and Ms. Grier responded that it had and that the petitioner was comfortable with them. Chair Cain invited public comments and only one was offered. Don Sargent, project director for Wolf Creek, expressed appreciation to the staff. He said that the number of uses had been substantially pared down, 80 had been originally proposed and there were 31 now, and these met their needs. He stated they were serious about making change and that they were planning to landscape as had been represented. Since the May 8 meeting they met onsite with a landscaper and other adjacent interested property owners to come up with a plan that would be acceptable to everyone, to screen the sewage ponds and provide a buffer from the roadway.
4.• Commissioner Burton moved to adjourn the public hearings and reconvene the public meeting. Commissioner Bischoff seconded, all voting aye. 5. Action on Public Hearings.
G2 - Conditional Use Permit for a P.R.U.D. Consisting of 88 Units at 6486 E. Hwy 39
• Commissioner Burton moved to approve the Conditional Use Permit Application CUP #10-01 by Ronald Catanzaro for a Planned Residential Unit Development consisting of 88 condominium units at approximately 6486 East Highway 39. Commissioner Bischoff seconded, all voting aye.
G3 - Ordinance Amending the Master Plan for the Wolf Creek Resort Development & Zoning Development Agreement - Ordinance 2001-14, Zoning Development Agreement C2001-67
Commissioner Bischoff moved to adopt Ordinance 2001-14 amending the Master Plan for the Wolf Creek Resort Development. Commissioner Burton seconded.
Roll Call Vote
Commissioner Burton aye
Commissioner Bischoff aye
Chair Cain aye •
• Commissioner Burton moved to approve the Zoning Development Agreement C2001-67 between Weber County and the Wolf Creek Resort Development. Commissioner Bischoff seconded, all voting aye.
H. Assign Pledge of Allegiance and Thought of the Day for Tuesday, June 5, 2001 at 2:00 p.m.
I. Public Comments
There were none.
J. Adjourn
• Commissioner Bischoff moved to adjourn the meeting at 3:48 p.m. Commissioner Burton seconded, all voting aye.
CAMILLE T. CAIN
CHAIR, WEBER COUNTY COMMISSION
WEBER COUNTY CLERK/AUDITOR