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

MINUTES
OF THE BOARD OF COMMISSIONERS OF WEBER COUNTY
Tuesday, March 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: Craig L. Dearden, Jan M. Zogmaister and Kenneth A. Bischoff.
Others Present: Alan D. McEwan, Clerk/Auditor; David C. Wilson, Deputy County Attorney (first portion of meeting) and Chris Allred, Deputy County Attorney (second portion); Fátima Fernelius, Clerk/Auditor’s Office, took minutes.

A. Welcome - Chair Dearden
B. Pledge of Allegiance - Alan McEwan
C. Thought of the Day - Commissioner Bischoff

D. Consent Items:
1. Purchase Orders in the amount of $1,659,610.60
2. Warrants #247376-247621 in the amount of $1,086,576.49
3. Minutes for the meeting held on February 24, 2009
Commissioner Bischoff moved to approve the consent items; Commissioner Zogmaister seconded, all voting aye.

E. Action Items:

1. Contract with Eden Valley LLC to extend a development consent agreement for an additional five years on certain properties in the Ogden Valley - Contract C2009-20

David Wilson, Deputy County Attorney, noted that when the county changed zoning for the Ogden Valley to 3-acre minimum building lots, a developer filed suit in 2002 alleging that he was entitled to vested rights and the county maintained that he was not. Resolution was reached with this developer through Contract C2002-22 which provided the vested rights for residential development density of one unit per 1 ½ acres of the property with a duration of 10 years from the execution date. Those density rights will expire on 2/4/2012. The current developer that now owns a significant portion of that property petitioned the Commission to extend the agreement for an additional period of time because of current economic conditions and wetland issues. Mr. Wilson stated that the Commission had heard the developer’s case and directed legal counsel to move forward with granting a 5-year extension to the original agreement. He emphasized that it involved only that portion of the related property in the consent agreement that the developer owns that is not already developed–not other property of the consent agreement in another Ogden Valley location–and does not extend other deadlines such as development agreements, etc. It only extends that zoning that was granted at that time for five years.
Commissioner Zogmaister moved to approve Contract C2009-20 with Eden Valley LLC to extend a development consent agreement for an additional five years on certain properties in the Ogden Valley; Commissioner Bischoff seconded, all voting aye.

 

2. consideration of substantial completion agreement with Jacobsen Construction for the Pleasant Valley Branch Library - Contract C2009-21

Lynnda Wangsgard, Weber County Library Director, asked for approval of a Certificate of Substantial Completion for this library branch and the site parking. Legal counsel and County Operations had reviewed this certificate. The landscaping and outdoor concrete work is not included in the certificate. She outlined those items set aside for further work and review along with completion dates prior to occupancy being issued. $535,486.00 will be withheld until completion.
Commissioner Bischoff moved to approve Contract C2009-21, Certificate of Substantial Completion of the agreement with Jacobsen Construction for the Pleasant Valley Branch Library; Commissioner Zogmaister seconded, all voting aye.

 

3. Contract with Utah Department of Transportation for the installation of mobile satellite wireless system components to existing UDOT signal poles within Weber County - Contract C2009-22

Eli Johnson, of County Emergency Management, stated that this contract was the final phase for installation of an encrypted wireless digital system to allow public safety responders in the county to access the live video feeds of local schools/critical infrastructure prior to arrival. The contract with UDOT allows the county to hang multiple wireless routers from some of UDOT’s traffic signal poles to expand connectivity. He addressed the commissioners’ questions including that equipment costs were paid through a grant and that the county did not have recording capability of any of the video.
Commissioner Zogmaister moved to approve Contract C2009-22 with Utah Department of Transportation for the installation of mobile satellite wireless system components to existing UDOT signal poles within Weber County; Commissioner Bischoff seconded, all voting aye.

 

4. RAMP Contracts:

Candadai Seshachari, RAMP Advisory Board Chair, presented the following contracts:
Recreation and Parks:
Weber Pathways (3) - Contract C2009-23
Eden Park Service District - Contract C2009-24
Junior League of Ogden - Contract C2009-25
Ogden Valley Pathways - Contract C2009-26
Marriott-Slaterville City - Contract C2009-27
General Federation of Women’s Clubs - Contract C2009-28
Pleasant View City - Contract C2009-29
Weber State University Foundation - Contract C2009-30
North Ogden (2)- Contract C2009-31
Ogden Nordic (2)- Contract C2009-32
Ogden City (2)- Contract C2009-33
GOAL Foundation - Contract C2009-34
Huntsville Town - Contract C2009-35
Ogden Nature Center - Contract C2009-36
Ogden-Weber Community Action Partnership - Contract C2009-37
Ogden Youth Football Foundation - Contract C2009-38
Arts and Museums:
Eccles Community Art Center - Contract C2009-39
Boys and Girls Club (2) - Contract C2009-40
Treehouse Museum (2) - Contract C2009-41
Downtown Ogden Inc. (7) - Contract C2009-42
Ogden Nature Center - Contract C2009-43
Ogden Pioneer Heritage Foundation (3) - Contract C2009-44
Weber State University Station Foundation (5) - Contract C2009-45
Egyptian Theater Foundation (5) - Contract C2009-46
Union Station Foundation (3) - Contract C2009-47
Ogden Symphony Ballet Association (5) - Contract C2009-48
Pleasant View City - Contract C2009-49
South Ogden City - Contract C2009-50
Aerospace Heritage Foundation - Contract C2009-51
Veterans of Foreign Wars Post 1481 - Contract C2009-52
Imagine Ballet (2) - Contract C2009-53
United Way of Northern Utah Contract - C2009-54
GOAL Foundation - Contract C2009-55
Project Success - Contract C2009-56
Weber County Heritage Foundation - Contract C2009-57

Major:
Ogden City - Contract C2009-58
Ogden School Foundation - Contract C2009-59
Roy City - Contract C2009-60
Washington Terrace City - Contract C2009-61
Municipality:
Farr West - Contract C2009-62
Harrisville - Contract C2009-63
Hooper - Contract C2009-64
Huntsville - Contract C2009-65
Marriott-Slaterville - Contract C2009-66
North Ogden - Contract C2009-67
Ogden - Contract C2009-68
Plain City - Contract C2009-69
Pleasant View - Contract C2009-70
Riverdale - Contract C2009-71
Roy - Contract C2009-72
South Ogden - Contract C2009-73
Uintah - Contract C2009-74
Washington Terrace - Contract C2009-75
West Haven - Contract C2009-76
Commissioner Bischoff moved to approve RAMP Contracts C2009-23 through 76; Commissioner Zogmaister seconded, all voting aye.

5. Contract with Weber State Rodeo Team for an Inter-Collegiate Rodeo competition on March 7, 2009 at the Golden Spike Event Center - Contract C2009-77

Jim Harvey, GSEC, presented this contract.
Commissioner Zogmaister moved to approve Contract C2009-77 with Weber State Rodeo Team for an Inter-Collegiate Rodeo competition to be held on March 7, 2009 at the Golden Spike Event Center; Commissioner Bischoff seconded, all voting aye.

6. Contracts with Ogden Indoor Football LLC., dba Ogden Knights, for games to be held at the Golden Spike Event Center on the following dates:
March 23, 2009 - Contract C2009-78
March 28, 2009 - Contract C2009-79
April 11, 2009 - Contract C2009-80
May 18, 2009 - Contract C2009-81May 23, 2009 - Contract C2009-82
June 13, 2009 - Contract C2009-83
June 29, 2009 - Contract C2009-84
Jim Harvey, GSEC, presented this standard contract.
Commissioner Bischoff moved to approve Contracts C2009-78 through 84 with Ogden Indoor Football LLC., dba Ogden Knights, for games to be held at the Golden Spike Event Center on the following dates; Commissioner Zogmaister seconded, all voting aye.

 

7. Discussion and/or action on Hazards/Obstacles in the Right of Way on 8700 East

Chad Meyerhoffer, County Engineering Department, stated that Lyle Allen, of Huntsville, had placed large landscape rocks close to the edge of the asphalt along 8700 East, which posed a hazard in the right-of-way and hardship to the county when snow plowing. This is a narrow road varying from 18-21 ft. in this area and is not dedicated but established through use over the years and the county maintains it. Mr. Meyerhoffer showed photographs. The shoulder of the road, where the rocks are located, also varies from 6-10 ft. A letter had been sent to Mr. Allen requesting he remove the rocks and Mr. Allen did not wish to do so. Another letter was sent to Mr. Allen stating the county’s policy on obstacles in the county’s right-of-way.

Mr. Allen stated today that he received a letter from the county dated 12/15/2008 which was not signed nor had the sender’s name and he did not know how to respond. In February his attorney, Robert L. Froerer, received another letter and he requested by letter a hearing on this matter. Mr. Allen had called yesterday to find out the status and discovered he was on the agenda for today and would have appreciated someone responding to their letter and informing them they were on the agenda. He turned the time to Mr. Froerer, who showed photographs of the pertinent area and stated that the underlying ground of the road belongs to private owners, that some of the ownership follows the road, some overlaps, some goes to the center, some owners have property on both sides of the road, and it is a very narrow road of varying widths. He did not understand why a right-of-way area, which was the same distance as Mr. Allen’s, was not deemed a problem but his was. He stated that all property owners on both sides of this road were present today and wanted to cooperate.

Mr. Froerer said that the county approved two or three subdivisions to the south of this area–adding a traffic burden to this road–without correspondingly requiring/improving the road. The problem seems to occur mostly by large trucks either because drivers do not pay attention and/or the vehicles are so wide they go off the road and into the shoulder. His understanding was that county trucks, construction trucks, etc., have knocked over fence posts, run over plantings and other property belonging to the area property owners along the curve near Mr. Allen’s property, and he showed damage to Mr. Allen’s corner concrete fence post and the adjacent guy wire for the telephone pole because they have been hit by vehicles, noting that Mr. Allen had reinforced the fence and posts because for several years prior to installing it, his fence posts were continually being knocked down. The property owners don’t see who do the damage and drivers keep going. Commissioner Dearden said that apparently the damage was not sufficient to render the vehicles undrivable. Mr. Froerer said that the road shoulder is too narrow, about 6 ft. wide. He showed photographs of workers laying asphalt beyond the traveled surfaced, thus increasing the traveled portion and encroaching into the shoulder by about two feet. The road had also been extended about 20 years ago and he showed a 4 ft. wide culvert extension for the irrigation ditch placed by the phone company to protect its phone lines and afterwards the county applied asphalt to more footage over the culvert. The extension appears to be 2 ft. long but in actuality is about 4 ft. and the traveled road surface is now very close to Mr. Allen’s property line. The road is 22 ft. wide there, which is a manageable curve but one has to drive slowly. He also showed large road construction trucks on this road by the rocks and that they were negotiating it without a problem. He pointed out that even after Mr. Allen had placed the reinforced concrete fence posts to protect his property, he was receiving damage, thus he had placed small rocks to notify drivers but his property was still getting hit. Then he placed larger rocks on the shoulder which have helped.

Mr. Allen received notice from the county to move the rocks because a county truck had blown a tire but the trucks should not be hitting the rocks because they are not on the traveled portion of the road. Mr. Froerer offered options such as: leaving the rocks and putting up signage of the tight corner and the need to slow down; if the county wants the rocks removed that it present a way to protect the fence–that it is not fair for citizens to bear the costs because the county has over time expanded the roadway and reduced the shoulder, however, a shoulder needs to be more than 6 ft.; and the county could buy 10-15 ft. from Mr. Allen. He said that those present on Mr. Allen’s behalf would say that the road needs to be looked at, especially if area developments continues to be approved. Another option is to ban large trucks from this road; it is not appropriate for large trucks–construction, dump, cement, etc. There is another option of a better/wider road–500 S. up to 9500 E. He asked that the county consider options that would work for the county, Mr. Allen and other property owners who were very frustrated with this situation along that road.

Commissioner Dearden appreciated that options had been offered and asked what was Mr. Allen’s liability if a vehicle hit the rocks and the driver was injured and if those rocks were being hit more during a certain season. Chris Allred, Deputy County Attorney, said that a chief concern was the county permitting those rocks on its right-of-way. Mr. Allen and Kelly Hipwell, County Roads Department, said that the rocks were being hit more in the summer. Mr. Hipwell said that the county’s wheel on a tire had been damaged this fall and he did not disclaim anything the petitioner had said–the road is very narrow for the amount of traffic and if the county had widened it, it had been unintentional.

Commissioner Bischoff asked Mr. Kelly if he had documented other damages to county equipment and he responded it had been only that one incident. Commissioner Zogmaister noted that it was not lawful to put obstacles on the county’s right-of way, that she understood the reason for the rocks, but expressed concern and asked if they were actually in the right-of-way. Mr. Allred stated that the rocks were in the county’s right-of way and was concerned if someone was injured while the county permitted those rocks. Commissioner Dearden asked if Mr. Allen’s property line went into the middle of the road and Mr. Froerer responded that in speaking with property owners on both sides of this road, they would acknowledge that the property boundaries are a bit muddled in this area. Commissioner Dearden noted that it was Mr. Allen’s property but because it had been used as a road for so long it was now the county’s road. Commissioner Bischoff recommended tabling this item to review options to see if both sides could be accommodated. Commissioner Zogmaister said that the rocks are in the right-of-way and create liability but it was not appropriate for the county to simply request removal of the rocks because the problem that required the rocks there would still remain. The item was tabled and county staff will meet to discuss it to try coming to some resolution.

F. Assign Pledge of Allegiance and Thought of the Day for Tuesday, March 10, 2009, 10 a.m.

G. Public Comments: None

H. Adjourn:
Commissioner Bischoff moved to adjourn at 11:05 a.m.; Commissioner Zogmaister seconded, all voting aye.

Craig L. Dearden, Chair
Weber County Commission

Alan D. McEwan, CPA
Weber County Clerk/Auditor