Minutes for 2009-06-02, Direct pdf link.
MINUTES
OF THE BOARD OF COMMISSIONERS OF WEBER COUNTY
Tuesday, June 2, 2009 - 10:00 a.m.
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, Chair, Jan M. Zogmaister, 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: Commissioner Dearden
B. Pledge of Allegiance: Joe Olsen
C. Thought of the Day: Commissioner Bischoff
D. Presentation of Relay for Life Proclamation for June 2009:
Chair Dearden read the proclamation naming June 2009 as American Cancer Society’s “Relay for Life”month and encouraging citizens to participate in the Relay at Weber State University June 5-6, 2009. He presented the proclamation to Sheryl Cox and Andrew Schow, Jr., cancer survivors representing the Relay. Mr. Schow, Advocacy Chair for Ogden’s Relay Committee, expressed thanks to the Commission and invited everyone to participate.
E. Consent Items:
1. Purchase Orders in the amount of $223,663.21
2. Warrants #250494 - #250855 in the amount of $527,993.99
3. Minutes for the meeting held on May 26, 2009
4. New Business Licenses
5. Surplus from the Department of Operations Parcel (LSN) #06-096-0046
6. Request from the Tax Review Committee to waive penalty of $886.48 and interest of $1,029.62 on land serial #07-545-0002 on delinquent 2008 property taxes
Commissioner Dearden noted that the language on the agenda was language noting the request of the petitioner to the Weber County Tax Review Committee. The language on the agenda should have noted the request to approve the decision by the Tax Review Committee to waive penalty but not interest on the late payment. John Bond, County Treasurer’s Office, concurred.
Commissioner Bischoff moved to approve the consent items including item E.6 as clarified by Commissioner Dearden waiving the penalty but not the interest in accordance with the decision and request of the Tax Review Committee; Commissioner Zogmaister seconded, all voting aye.
F. Action Items:
1. Contract with Sanders Associates Architects for the Animal Shelter Expansion Design - Contract C2009-120
David Wilson, Deputy County Attorney, stated that Ogden City and Roy City joined with the county desiring to come into the county’s Animal Shelter and this contract is for the architect to develop a preliminary evaluation to determine costs. This contract relates to a prior contract entered into by and among these two cities and the county to share the expenses of an architect for this preliminary design phase and the possible addition to the Weber County Animal Shelter provided that the partners in the project determine the costs to be reasonable and within the resources of the partners. The partners can suspend the contract after receiving the figures if those costs appear unreasonable. Mr. Wilson addressed Commissioner Bischoff’s questions stating that it was estimated that this phase would cost about $24,000 to be shared equally among the three partners. If it is decided to move forward with the project, the original agreement becomes relevant because the costs for construction and completion will be split according to the number of animals each entity puts into the facility
Commissioner Zogmaister moved to approve Contract C2009-120 with Sanders Associates Architects for the Animal Shelter expansion design; Commissioner Bischoff seconded, all voting aye.
2. Approve a minor amendment to the Weber County Internet usage Security Policy
David Wilson, Deputy County Attorney, outlined this amendment which states that intentional access or display of any kind of sexually explicit image or document on any county system is a violation of this policy and may also be a violation of the county’s sexual harassment policy.
Commissioner Bischoff moved to approve the minor amendment to the Weber County Internet Usage Security Policy 17.3.3; Commissioner Zogmaister seconded, all voting aye.
3. Final approval of the Meu Sonho Subdivision
Ben Hatfield, County Planning Department, showed area maps and stated that the proposed lot consisted of 0.43 of an acre and was a consolidation of lots 5, 6 and 7 of the Hermitage of Ogden Canyon Subdivision. The proposed subdivision lot is approximately 150.32 ft. wide and 110 ft. deep. It is in the Forest Residential-1 Zone, which requires 1-acre minimum building lot, however, since the property consists of a consolidation of legal nonconforming lots, they are allowed to be combined and become more conforming by merging together as one lot as per Chapter 28-14 of the Zoning Ordinance, which states that “Parcels nonconforming as to area and frontage/width requirements that were legally created or made legal through the provisions of this Chapter may be enlarged by combining adjoining legal, nonconforming and/or nonconforming parcels provided that the combination is achieved by submitting a subdivision or amended subdivision plat for approval and recordation of the resulting lot and all adjoining legal, nonconforming and or nonconforming parcels under common ownership after the date of the adoption of this section are merged to create the largest lot possible, and the combination does not result in any illegal divisions of land...”
The proposed subdivision plat appears to have a slope across the entire lot of about 30%. Due to the reduced area of the proposed lot, the building envelope, exclusive of setbacks, is only about 50 ft. and 63 ft. by 116 ft. and 125 ft. The proposed lot is able to achieve the required width but due to the 30 ft. front and rear setbacks, it is unable to meet the required 75 ft. by 100 ft. buildable area. Staff recommends that the proposed lot be designated as a restricted lot and go before a Hillside Review Board prior to any building permit being issued.
Access for the lot will continue to be from the existing 16 foot roadway on the north side of the lot. Culinary water will be provided by Ogden City Utilities, a private pack bed media septic system has been approved and a permit issued by the Weber Morgan Health Department, and the Weber Fire District is requiring fire suppression sprinklers for the home. Trails for this subdivision conform to the Weber County Pathways Ordinance by a shared roadway trail type as per Chapter 40-4-1-4. Additionally, the proposed Ogden Canyon Pathway may tentatively pass to the southeast side of the lot on the Utah Light & Power Company’s Pipe Line right-of-way. The applicant is interested in working with Ogden Valley Pathways in negotiating an easement along the southeast lot line if needed, when the trail is designed/constructed.
Mr. Hatfield stated that concerns had been received from neighbors, and copies were provided to the County Commission, about the difference between a private roadway as dedicated in the original 1919 plat and a private right-of-way. During the Ogden Valley Planning Commission meeting’s discussion (8/26/2008) of Chapter 23-20 (Private Right-of-Ways) it was determined that it did not apply to this subdivision. Mr. Hatfield said that this subdivision conformed to the General Plan by meeting the permitted land uses and requirements of the zone. The Planning Commission unanimously recommended final approval of this subdivision subject to staff and reviewing agency requirements.
Commissioner Zogmaister noted that by combining these lots, they came closer to getting a conforming lot but it was still unable to meet the 75X100 ft. buildable area. She asked if this lot would be approved and Mr. Hatfield said that it would and on the plat it would be designated as a restricted lot and before any building permits were issued, it would have to go before the Hillside Review Board where they will review the architectural drawings, the engineering, etc. to see if could be located on that steep slope.
Commissioner Zogmaister asked what is the difference between a roadway and a right-of-way. Mr. Hatfield responded that the Planning Commission determined that, because these were legal nonconforming lots that have frontage, Chapter 23 did not apply. David Wilson, Deputy County Attorney, said that when a proposed development has sufficient frontage but the developer desires private roads, the county has approved such from time to time as part of the development approval. These roads were approved in the 1919 subdivision process. The county does not take control/maintain those roads. A private right-of-way may be created when there is no frontage or insufficient frontage to comply with the applicable ordinance.
Commissioner Bischoff recused himself from any discussion or vote on this issue stating he had a relationship with the property owner.
Commissioner Zogmaister moved to grant final approval of the Meu Sonho Subdivision; Chair Dearden seconded, both voting aye.
G. Assign Pledge of Allegiance & Thought of the Day for Tuesday, June 9, 2009, 10 a.m.
H. Public Comments:
Joan Penrod, representing Counterpoint Construction Company, stated that Counterpoint opposed the proposed C&D landfill at Little Mountain. Mr. Penrod said that on May 12, 2009, she had filed a Request for Consideration, Reconsideration and Appeal to the Weber County Commission, the Western Weber County Planning Commission, and the Board of Adjustment and she gave the Commission a copy of this document. She said that the Commission may wish to take action on whether a landfill is a public or quasi public use in a public forum. She also gave David Wilson, Deputy County Attorney, a copy of an addendum to her appeal that was included in the documents she had given to the Commission.
I. AdjournCommissioner Bischoff moved to adjourn at 10:35 a.m.; Commissioner Zogmaister seconded, all voting aye.
Craig L. Dearden, Chair
Weber County Commission
Alan D. McEwan, CPA
Weber County Clerk/Auditor