Minutes for 2009-02-03, Direct pdf link.

MINUTES
OF THE BOARD OF COMMISSIONERS OF WEBER COUNTY
Tuesday, February 3, 2009 - 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: Kenneth A. Bischoff, Vice Chair, and Jan M. Zogmaister. Craig L. Dearden participated via telephone conference. Commissioner Bischoff conducted the meeting.

Others Present: Alan D. McEwan, Clerk/Auditor; David C. Wilson, Deputy County Attorney; Fátima Fernelius, Clerk/Auditor’s Office, took minutes.

A. Welcome - Commissioner Bischoff
B. Pledge of Allegiance - Nate Pierce
C. Thought of the Day - Commissioner Zogmaister

D. Presentations:

1. Recognition of the Weber County Mother of the Year 2009, Arlene Kennington

Commissioner Zogmaister read the proclamation honoring Ms. Kennington. She will go on to State where one individual will be chosen to go to the nationals.

2. Presentation of the Final Park & Recreation Plan

Steve Clarke, GEM (Growth with Excellence Mandate) Committee, introduced members present, gave the history of GEM and how it came to participate in discussions of county draft ordinances. He reported on GEM’s completed and unfinished projects.

Various GEM members addressed the Commission and recognized Mr. Clarke for his dedication and ability to pull the community together, and for being an enormous resource for the county. They spoke of managing the growth that will occur in a prudent manner to preserve the Ogden Valley (Valley). Art Roscoe stated that Sinclair Oil owns a lot of property around Snow Basin and other Valley areas, including a 20-acre parcel adjacent to the marina for which they have development rights of 500+ units. He said that Clint Ensign, Sr. Vice President of Sinclair, had verbally committed that if the TDR ordinance passed and there was the ability to transfer development rights from the Valley to resort areas, Sinclair would transfer those developments rights up to Snow Basin into one of their projects at Snow Basin and keep the 20-acres on the reservoir undeveloped. Paul Riley, Chair of the Private Recreation Facilities subcommittee, reported on its conclusions that included developing a community activity center, and exploring limited use agreements with resorts to enable some public participation in their facilities. Terry Davis, Public Lands subcommittee, strongly advocated that the Commission support an overall comprehensive plan for recreation in the Valley. The committee had reached out to as many groups as possible such as fishermen, ATV users, backcountry horsemen, skiers, and campers, and believed that together a unified approach to all recreation in the Valley could be created. To continue in the current manner was not prudent. Stephanie Loud had overseen Liberty Park for a time and noticed that about 50% of visitors were from out of the area and wanted to ensure Valley residents had access to the facilities. Liberty is a very small community and was supporting the bill for everyone and the Park was suffering because there was no money. Kimbal Wheatley, Management Finance subcommittee Chair, noted that GEM was looking about 50 years to the future, desiring to put in a foundation that allowed managing the parks and recreation. A large part of GEM’s recommendation focuses efforts on recreation facilities for Valley residents and visitors.
Mr. Clarke noted a problem in that the Valley did not have management or financial mechanisms in place. He outlined the 12 GEM recommendations which included establishing an Ogden Valley-wide Special Recreation Service District (SRSD), the Ogden Valley Recreation Planning Team, a parks and recreation impact fee for the Valley, a partnering agreement between the SRSD and Weber County Parks and Recreation; encouraging dialogue with Ogden Valley Land Trust, the creation of a non-governmental not-for-profit organization focused on Ogden Valley parks and recreation; supporting facility sharing with Weber School District; leading planning coordination & soliciting support from other Wasatch Front organizations which promote Ogden Valley as their recreation area, leading planning with UDOT & County Roads on safety improvement plans for highway biking, pedestrians, fishermen, etc.; overseeing approval of trails to ensure safe connectivity between schools, parks, churches, etc.; selecting a qualified person to lead implementation of the recommendations under the direction of the Commission; and prepare now to buy land around North Fork Park and assist the community to acquire land for expansion of local parks.

3. Presentation of a plan to move forward with trail planning for 2 trails in North Fork Park

Jennifer Graham, County Recreation Facilities Director, stated that Weber County Parks had been working with various entities, including Ogden Valley Pathways, Weber Valley Pathways, Ogden Nordic, Backcountry Horsemen, and the Forest Service, to look into trail development inside North Fork Park. In 2008 the volunteers developed Trails A & B. Today she presented the recommendation to continue Trails C and D to form a large trail loop. These trails will be single track trails for bikers, hikers, and horseback. Because North Fork is a forest campground there are guidelines for the trails. Additionally, there was the request for a backcountry yurt, which the Forest Service offered to Ogden Nordic to install on North Fork Park. Ogden Nordic will handle its rental to earn revenue to help with trail maintenance expenses. Near the south gate there will be a building that the Forest Service has offered. Details to move it have not been worked out and funding will need to be received for it.

E. Consent Items:
1. Purchase orders in the amount of $.52,048.60
2. Warrants #246576-246839 in the amount of $979,146.72 less #246740 for $100,000
3. New Beer Licenses
4. Surplus a Sharp fax machine model F04470 and a Maytag dishwasher from County Animal Services
5. Set public hearing for February 17, 2009, 10 a.m., regarding the vacation of the Cobble Creek Park Subdivision Phase 1, Lots 19, 20 and 21 (3 Lots)
Commissioner Zogmaister moved to approve the consent items, excluding warrant #246740 for $100,000; Commissioner Dearden seconded, all voting aye.

F. Action Items:

1. Ordinance of Weber County making certain changes to Title 24, Chapter 7 of the Weber County Ordinances, relating to the RAMP Tax - Ordinance 2009-4

David Wilson, Deputy County Attorney, stated that this was the second reading of the ordinance. The major amendments included changing to the statutory 10-year period, to include small grants, and that major project award funds will be distributed only when all other funding is in place for the proposed project and construction contracts have been executed or reimbursed after the project has been completed at the discretion of the Commission. The proposed changes had been presented to WACOG because there were some changes affecting municipalities.
Commissioner Dearden moved to adopt Ordinance 2009-4 making certain changes to Title 24, Chapter 7, of the Weber County Ordinances, relating to the RAMP Tax; Commissioner Zogmaister seconded.
Roll Call Vote:
Commissioner Zogmaister aye
Commissioner Dearden aye
Commissioner Bischoff aye

 

 2. Final approval of Willson Estates Subdivision including a financial guarantee in the amount of $5,400

Sean Wilkinson, County Planning Department, showed a plat map stating that this 3-lot subdivision was located in the North Fork area. Lots 1 and 3 have existing single family dwellings and were part of two other subdivisions–Josh and Wendy’s Cove Subdivision and Wilson One Lot Subdivision–and are being incorporated into the Willson Estates Subdivision. These other subdivisions will be vacated when Willson Estates is recorded. All of the lots in this subdivision meet the Zoning and Subdivision Ordinances. The Planning Commission recommended final approval on 8/26/2008.
Commissioner Zogmaister moved to grant final approval of Willson Estates Subdivision including a financial guarantee in the amount of $5,400; Commissioner Dearden seconded, all voting aye.

3. Final approval of the Cobble Creek Park Subdivision Phase 1, 2nd Amendment, Lots 19, 20 and 21 (3 Lots)

Ben Hatfield, County Planning Department, stated that this subdivision was located in Liberty adjacent to North Fork Park. The public hearing for the vacation of Cobble Creek Park Subdivision Phase 1 lots 19-21 was scheduled today in the consent calendar. The three homeowners wish to increase the size of their lots. This subdivision lies in the AV-3 Zone and was created prior to the 3-acre minimum lot size. Staff recommended approval and the Ogden Valley Planning Commission recommended approval on 12/10/2008.
Commissioner Dearden moved to grant final approval of the Cobble Creek Park Subdivision Phase 1, 2nd Amendment, Lots 19, 20 and 21; Commissioner Zogmaister seconded, all voting aye.

4. Final Approval of the Verhaal Subdivision (1 Lot), including a financial Guarantee of $4,400

Ben Hatfield, County Planning Department, stated that this subdivision was located at 3015 E. 3350 N., Liberty area and consisted of two acres. The Ogden Valley Planning Commission recommended approval on 6/24/2008. The financial guarantee is for one fire hydrant along 3350 N. This lot was originally created in 1979 as an agricultural parcel and met the requirements at that time. It will be a legal nonconforming lot.
Commissioner Zogmaister moved to grant final approval of the Verhaal Subdivision (1 lot) including a $4,400 financial guarantee; Commissioner Dearden seconded, all voting aye.

5. Resolution of the Board of the Commissioners of Weber County confirming the appointment of Adam Hall to the Governing Board of Weber Human Services - Resolution 7-2009

David Wilson, Deputy County Attorney, stated that the Weber Human Service Board (WHS) was comprised of 8 members and one had been on the board for the maximum two terms. The WHS Board recommended Adam Hall for appointment. The Morgan Council had approved this appointment.
Commissioner Zogmaister moved to adopt Resolution 7-2009 confirming the appointment of Adam Hall to the Governing Board of Weber Human Services; Commissioner Dearden seconded.
Roll Call Vote:
Commissioner Zogmaister aye
Commissioner Dearden aye
Commissioner Bischoff aye

 

G. Public Hearings:

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

 2. Public hearing regarding the vacation of Wilson One Lot Subdivision

Sean Wilkinson, County Planning Department, showed a plat map and stated that this subdivision was being amended to become Lot 1 of a new subdivision called the Willson Estates Subdivision (see item F.2. above). A portion of the original Wilson One Lot Subdivision will be given to the other two lots in the new subdivision. The vacation will occur in conjunction with the recording of Willson Estates. There is a utility easement that currently runs along the back of the Willson One Lot Subdivision. The proposed vacation is to vacate all of the utility easements within that lot except the utility easement along North Fork Road. Mr. Wilkinson had spoken with the utility agencies and they had no objections. The new utility easements will be placed in appropriate locations for the lot being created. Commissioner Bischoff invited public comments and none were offered.

3. Public hearing regarding the vacation of Josh and Wendy’s Cove Subdivision

Sean Wilkinson, County Planning Department, showed a plat map stating that the Josh and Wendy’s Cove Subdivision was being amended to become lot 3 of a new subdivision called Willson Estates Subdivision (see item F.2. above). This amendment will enlarge the original 1-lot Josh and Wendy’s Cove Subdivision. There was only one utility easement along North Fork Road, which will remain. Commissioner Bischoff invited public comments and none were offered.

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

5. Action on public hearings:

G.2. - Vacation of Wilson One Lot Subdivision - Ordinance 2009-5
Commissioner Dearden moved to adopt Ordinance 2009-5 vacating the Wilson One Lot Subdivision including utility easements, excepting the utility easement which runs adjacent to North Fork Road; Commissioner Zogmaister seconded.
Roll Call Vote:
Commissioner Zogmaister aye
Commissioner Dearden aye
Commissioner Bischoff aye

 

G.3. - Vacation of Josh and Wendy’s Cove Subdivision - Ordinance 2009-6
Commissioner Dearden moved to adopt Ordinance 2009-6 vacating the Josh and Wendy’s Cove Subdivision; Commissioner Zogmaister seconded.
Roll Call Vote:
Commissioner Zogmaister aye
Commissioner Dearden aye
Commissioner Bischoff aye

 

H. Assign Pledge of Allegiance &Thought of the Day for Tuesday, February 10, 2009, 10 a.m.

I. Public Comments:

Ruston McKay, of Huntsville, read a statement relating to the GEM presentation. He said that it was implied by GEM (Growth with Excellence Mandate) not only in title but in its public presentations that they were acting under the direction of the County Commission. Mr. McKay said that the title “Mandate Committee” implied by definition that they had been given a command by a legislative body–the County Commission–to give special consideration to legislative matters. He wanted clarification as to whether GEM was delegated by and authorized by command of the County Commission to compile this proposal as they had implied, and what the Commission planned to do with GEM’s proposal. He said that Mr. Clarke had stated that all those who owned 25 acres or more had been invited to a meeting, and his family (which has 29 acres) and at least three others who had more than 25 acres had never been invited to any meeting regarding the direction for the Valley.  The commissioners stated that GEM was not an official part of the county–they were a group of citizens that compiled information, tried to obtain consensus in the Valley on several issues, and presented it for consideration, and had been quite helpful. The commission takes public input and accepts recommendations and believed GEM would welcome Mr. McKay into the process. The Commission could hold meetings in the Valley. Mr. Mckay felt that GEM was not interested in his opinions as they had continually ignored him. Commissioner Zogmaister clarified that the county had not spent any money on developing GEM’s proposal, and if the county chose to move forward it would be done in a very public manner. Mr. McKay was concerned that residents were not informed as had been implied. He cited portions of the proposal and felt very strongly against Valley residents funding the “world-class resort” through a Special Recreation District for acquisition of land and facilities construction or being taxed by a special taxing district for the “Valley-wide park system.” He asked what the Commission would do with this proposal and Commissioner Bischoff responded that it would be used as a resource. Mr. McKay said that Valley residents felt strongly about these issues and Commissioner Bischoff asked who he was representing. Mr. McKay replied it was himself and three others.

Sandy Kester, of Senator Hatch’s Office, informed the Commission of the Fire Prevention & Safety Grant Program from Homeland Security, which opened yesterday and concludes March 2, 2009.

Jim Truett, of the Huntsville Town Council, said that the GEM Committee had done a wonderful job, however, he disagreed with the Special Parks District and the proposal’s recommendation that “management of the parks could be more equitable and efficient if all parks, including Huntsville Town Park, were under common management.” Huntsville Town wanted to be excluded from the Huntsville Special Parks District. Their park was on a peninsula and town residents were trapped in their own town due to traffic during large events. They did not want to be taxed for what they already had. A Huntsville Town committee held discussions with the School District on securing the school property.

Wendy McKay expressed appreciation for all the work done by the GEM Committee and stated that the Valley was a treasure. She expressed concerns, including that the Valley is so attractive already to everyone outside the county, and it was difficult in these hard economic times to move forward with a plan that made it even more attractive and brought more traffic in a valley that had a one-way road. As Mr. Truett had stated, during large events, Huntsville residents can’t move around the Valley and are asked not to drive. She felt that charging Valley residents for parking at parks was inappropriate and needed to be addressed. She encouraged the Commission to meet in the Valley for these types of issues and that the meetings be well advertised. Additionally, taxes that may increase should be borne by the entire county, not just the Valley.

Steve Clarke, GEM Committee, responded to Mr. Truett stating that GEM had heard and respected the Huntsville Town Council’s feelings and references to Huntsville Town had now been omitted. Regarding the plan to make the Valley more attractive and bringing more traffic to the Valley, GEM felt that it was better to run the risk of having certain facilities becoming more attractive, and at the same time manage it so that users contributed to its support and not burden Valley residents. GEM had clarified the item which had said that local residents may be charged for parking at local parks by stating that there was no expectation that local residents would pay to park at a park in their special district. GEM had done all it could to expand the funding base to users and not just local residents. He appreciated Mr. McKay’s comments and said he had invited him to participate in the Committee. He hoped Mr. McKay understood that today 2/3 of Valley residents were paying for parks and that those amounts would be offset and perhaps replaced by the taxes of a new special district.

J. Adjourn
Commissioner Zogmaister moved to adjourn at 11:41 a.m.; Commissioner Dearden seconded, all voting aye.

Craig L. Dearden, Chair
Weber County Commission

Alan D. McEwan, CPA
Weber County Clerk/Auditor