Minutes for 2009-06-09, Direct pdf link.

MINUTES OF THE BOARD OF COMMISSIONERS OF WEBER COUNTY
Tuesday, June 9, 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, Chair; Jan M. Zogmaister; and Kenneth A. Bischoff.

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

A. Welcome - Chair Dearden
B. Pledge of Allegiance - Shelly Halacy
C. Thought of the Day - Chair Dearden

D. Presentation from Utah Division of Wildlife Resources
As required by State Code, Pam Kramer, Habitat Biologist, gave a comprehensive presentation of this years Wildlife Management plans specific to Weber County the Middle Fork Wildlife Management Area, the Harold Crane WMA, and the Willard Bay Upland Game Area. Ms. Kramer outlined the objectives for each area. The Commission had received hard copies of the plans beforehand. These presentations take place at the various entities in order to involve all stakeholders in the development of the plans.

Consent Items:
1. Purchase Orders in the amount of $231,409.95
2. Warrants #250856 - #251045 in the amount of $2,097,579.27
3. Minutes for the meeting held on June 2, 2009
4. Surplus a #8 Dodge Flat Bed, a #99 Moto Lift, a #81 Komatsu Loader and a Hobart Welder Model T 500 from the Roads Department
5. Approval of the Tax Review Committees decision regarding land serial numbers 22-217-0003, 08-184-0003, 11-018-0015, 16-225-0007 and Account 242
6. Surplus radio equipment from the Sheriffs Department
7. Set public hearing for June 30, 2009, 10:00 a.m., in regards to vacation of lots 5, 6 and 7 of the Hermitage of Ogden Canyon located at approximately 402 Ogden Canyon
8. Set public hearing for June 30, 2009, 10:00 a.m., in regards to vacation of lot 46 of the Pineview Summer Home Area Re-Survey Subdivision (1 lot) located at approximately 5250 E. HWY 39
Commissioner Bischoff moved to approve the consent items; Commissioner Zogmaister seconded, all voting aye.

E. Action Items:

1. Request for Final approval of the Stallings Acres Subdivision (3lots)

Ben Hatfield, County Planning Division, presented area maps of this property located at 1800 N. 5900 E., Eden, in the Agricultural Valley-3 Zone. The project will consist of 10.08 acres with two 3-acre parcels in the front and one flag lot to the rear. The flag lot was approved by the Board of Adjustment in 2007.

Culinary water and secondary water will be provided by Eden Water Works and wastewater treatment will be provided by a private septic system. The Weber Fire District had initially required one fire hydrant, however, after reviewing it, the fire marshal removed that requirement because the parcel to the north is the new elementary school which has fire hydrants. Mr. Hatfield stated that trails could conform to the Weber County Pathways Ordinance and a place had been shown for them on the plat.
The subdivision conforms to the General Plan by meeting the permitted land uses and requirements of the zone. The developer is requesting deferral of curb, gutter and sidewalk along Stringtown Road but Mr. Hatfield said that this issue had been a concern for County Planning and Engineering and they had recommended that the improvements be installed. The Ogden Valley Planning Commission recommended final approval subject to staff and other agency comments on 7/22/2009 and staff also recommends final approval subject to staff and other agency recommendations.

Chair Dearden noted that this property was adjacent to the elementary school and he expressed concerns with deferring curb, gutter and sidewalk. He wondered about just installing sidewalk and not necessarily curb and gutter. Mr. Hatfield said that he had a letter from the Weber School District recommending deferral of those improvements. David Wilson, Deputy County Attorney, noted that liability in this case would fall to the county and not the District. Commissioner Zogmaister had a copy of the School Districts policy, which require these improvements within 1.5 mile radius of a school. Curtis Christensen, County Engineer, stated that the school would require students from this subdivision to walk to school. The commissioners discussed requiring an escrow for these types of deferrals and David Wilson, Deputy County Attorney, said that the response his office received about this issue in the past was that if an escrow would be required, the developer preferred just putting in the improvements. Mr. Wilson will meet with county staff to further discuss this issue.

Commissioner Bischoff noted that there was no mention of the request for deferral on the agenda or the packet and Mr. Wilson said that the Commission could still make a decision on the issue. Commissioner Bischoff asked what was the recommendation to put in the improvements based on and Mr. Hatfield responded that the practice in Ogden Valley was to use trails instead of sidewalks. Mr. Christensen stated that curb, gutter and sidewalk would tie-in to the school facilities, that they were immediately adjacent to the sidewalk being put in by the school. Currently there is no trail in this area.

Verl and Gay Creager, live close to this property (there is a parcel between them and the Stallings), and they said that this year there had been one student walking to catch the school bus on that road and next school year there would be about five. The Creagers had been under the understanding that pathways were planned for that street and they had dedicated land to pathways. There are pathways across the front of their home and of the school. Commissioner Zogmaister strongly felt that the developer needed to provide some type of walkway along this property and he needed to work out those details. Mr. Christensen and the other commissioners agreed. Mr. Christensen indicated that curb offered a little bit more protection to those on sidewalks, however, drainage was more difficult with curb but could be handled.

Mr. Hatfield said that in the past in similar circumstances a pathway easement had been requested on the plat and that is what was being requested for this item. Mr. Christensen stated that the Creagers property was a flag lot and only had about 20 ft. of frontage. Chair Dearden reiterated that some type of walkway needed to be installed and the developer needed to work out those details and inform the county. He clarified that the Commission was not looking for curb and gutter. Mr. Christensen noted that by requiring the developer to install the walkway, there would be a financial guarantee in place or the facilities would be installed before plat recordation. This item will be handled next week.

2. Ratification of Weber County Tax Sale held May 21, 2009

Roger Brunker, Clerk/Auditors Office, presented the tax sale properties for ratification. This year the initial list had approximately 200 properties and there were 18 parcels on the final list. All but 5 were sold. Mr. Brunker had checked with legal counsel and the Commission and no complaints/concerns had been received about the properties within the 10-day period to receive comments. Chair Dearden expressed thanks for all the hard work related to the tax sale.
Commissioner Zogmaister moved to ratify the Weber County tax sale held May 21, 2009; Commissioner Bischoff seconded, all voting aye.

3. Contract with the State of Utah, Dept. of Transportation, for an agreement to provide $4,247,861 in funding for S.R. 158 in Ogden Valley - Contract C2009-121

Curtis Christensen, County Engineer, stated that funds had been set aside for S.R. 158 in Ogden Valley some time ago. After approval of this contract, consultants will be selected to do the design and then the project will be bid out through the UDOT process. Matching funds for this project are provided by the State and no funds will come from the county, provided the project does not exceed $4,247,861. Chair Dearden asked that Mr. Christensen ensure the project did not exceed that amount.
Commissioner Bischoff moved to approve Contract C2009-121 with the State of Utah, Department of Transportation, for an agreement to provide $4,247,861 in funding for S.R. 158 in Ogden Valley; Commissioner Zogmaister seconded, all voting aye.

4. Approval of Award a Contract to Saunders Construction for the Weber Morgan Health Department Driveway and Parking Project
Curtis Christensen, County Engineer, stated that this was to install a new driveway, parking, and landscaping along the westside of the Health Department building. Saunders Construction was the low bidder on the project.
Commissioner Zogmaister moved to approve the Notice of Award of Contract to Saunders Construction for the Weber Morgan Health Departments driveway and parking project; Commissioner Bischoff seconded, all voting aye.

 

5. Final approval of the Creager Subdivision (1 Flag Lot)

Ben Hatfield, County Planning Division, presented area maps and stated that this 1-lot subdivision (5.53 acres) was located at 1539 N. 5900 E.(Stringtown Road), Eden. The Board of Adjustment approved a flag lot on 10/30/2008 with the following two conditions: 1) that the applicant understand and agree that all flag lot requirements of Chapter 29-3(10)(b) of the County Zoning Ordinance must be met and 2) that the lot come in as a subdivision within 18 months of approval. The flag lot exceeds the required minimum area for a flag lot (containing 5.16 acres itself) and the flag stem (.37 acres) is approximately 20 ft. wide and will only serve this lot. Water will be provided by the Eden Water Works and wastewater by a private septic system.

Mr. Hatfield stated that the Ogden Valley Planning Commission had unanimously recommended approval on 4/28/2009, with deferral of curb, gutter and sidewalk and a trail easement, subject to staff and other agency recommendations. Based upon its compliance with applicable ordinances, staff also recommends final approval. The commissioners noted that there was no mention of the request for deferral of the curb, gutter and sidewalk on the agenda or the Commission packet.

Commissioner Zogmaister asked if the Planning Commission asked for an easement for a trail. Mr. Hatfield responded that typically there is no curb, gutter and sidewalk in Ogden Valley and the policy in the past has been to assume there would be a deferral. He said, however, there was a new elementary school (under construction) and that would start affecting those subdivisions. The lot to the north of this property has a pathway easement. Commissioner Zogmaister noted the difference between requiring improvements versus granting a pathway easement, which does not require putting in a pathway but simply grants the easement for someone else to install. Chair Dearden said that with this property there was only about 20 ft. of frontage and most of it would be road, which was somewhat different than the Stallings Acres in item E.1. The commissioners discussed deferrals and Commissioner Zogmaister noted that deferrals only postponed but did not take care of the situation which was that children will be walking along this road.
Commissioner Bischoff moved to grant final approval of the Creager Subdivision (1 Flag Lot) and that the developer provide a pathway easement; Commissioner Zogmaister seconded, all voting aye.

F. Assign Pledge of Allegiance & Thought of the Day for Tuesday, June 16, 2009, 10 a.m.

G. Public Comments: None

H. Adjourn
Commissioner Zogmaister moved to adjourn at 11:28 a.m.; Commissioner Bischoff seconded, all voting aye.

Craig L. Dearden, Chair
Weber County Commission

Alan D. McEwan, CPA
Weber County Clerk/Auditor