Minutes for 2010-04-13, Direct pdf link.

MINUTES
OF THE BOARD OF COMMISSIONERS OF WEBER COUNTY
Tuesday, April 13, 2010 - 10:00 a.m.
Commission Chambers, 2380 Washington Blvd., 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: Kenneth A. Bischoff, Chair; Jan M. Zogmaister and Craig L. Dearden.

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

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

D. Presentation of 2010 Drug Free Calendar Winners

Terry Thompson, Chief Deputy, County Sheriff’s Office, noted that there was a group effort in the Sheriff’s Office to educate students about the negative effects of illegal drugs. Students had been invited to illustrate the debilitating effects of those drugs and winning entries were put into a calendar. Three of these winning students, McKenzie Stadtfield, Landon Silverwood, and Mary Rasmussen, from Rocky Mountain Jr. High School, were presented today with certificates and a cash reward. Their principal expressed that they were very proud of them. Deputy Sheriff Miya, School Resource Officer, was also present. Commissioner Dearden, former County Sheriff, had been sheriff when this program started and stated that it was very popular. The commissioners congratulated the students, their principal and Deputy Miya.

E. Consent Items:
1. Purchase Orders in the amount of $438,334.56
2. Warrants #260789 - #260965 in the amount of $606,722.02
3. Minutes for the meeting held on April 6, 2010
4. New business licenses
5. Set second public hearing for May 4, 2010, 6:00 p.m., to consider and/or take action on a Powder Mountain Development Agreement and Zoning Petition #18-2006 involving a request to rezone property located at Powder Mountain Resort
Commissioner Dearden moved to approve the consent items, removing item E.5; Commissioner Zogmaister seconded, voting aye.

F. Action Items:

1. Request for Resolution of the Board of Commissioners of Weber County for the American Recovery and Reinvestment Act Bonds

Ron Kusina, Executive Director, Redevelopment Agency of Weber County, noted that a few months ago notification was received from the State about an allocation of bonds under the American Recovery and Reinvestment Act. The Act has both a public and a private portion. He stated that this item was informational only and they planned to present the resolution next week to the Commission.

Terrence Bride, of Ogden City, showed a slide presentation, giving an overview of Ogden City’s proposal for a public parking terrace east of 23rd Street behind Washington Blvd. He stated that all of the city’s work was schematic at this time; they have been working with consulting firms and now have three different proposals, which they are presently reviewing. The parking terrace will have at least 250 new parking stalls.
For this use the city is requesting an allocation of $4 million from the Recovery Zone Economic Development Bonds. The bonds for this project will be guaranteed for repayment through a special assessment district. The city will have ultimate responsibility for collection of those monies.

Mr. Bride stated that additionally the city was asking for a $9 million allocation of Recovery Zone Facility Bonds (conduit bonds) and will be guaranteed by the developer’s good credit. The developer is responsible and has liability to ensure the bonds are repaid. Mr. Bride indicated the proposed area for retail development to be funded with a portion of the $9 million bond allocation, stating that there would be significant remodel of those facilities with uses such as a pod hotel, retail developments and some residential development. Action needs to be taken quickly because the developer has options on property which will expire, without renewals, in July. The city is looking to provide a grant of approximately $2 million to the developer in tax increment. These funds would come from the new increment from this development area.

J.P. Williamson, founder of a developer firm based in Virginia, Octagon Partners, LLC., which develops nationally, stated that after much research, Octagon identified this project as one they feel is financially feasible. It would be a project of about $17 million but the total amount of debt for the project is only $9 million coming from bonds with the balance to be funded from Octagon’s fund, some new market tax credits and potentially some historic tax credits. He said that the project can work, can spur some development in the community and have tremendous positive impact on the city. Mr. Williamson addressed the commissioners’ questions stating that the hotel would have from 20-35 rooms (only about 1/4 total sq. ft. of the project), the first floor is primarily retail and the second and third floors for office/other uses. The commissioners noted that this proposal deviated from the original concept, which was a full service hotel and located across the street. Mr. Williamson responded that it was difficult to attract a full service branded hotel with less than 100 rooms and this pod hotel would be a complimentary type use for the market. Mr. Bride stated that without the participation of the public bonds this project would not be economically feasible. Additionally, the city is trying to develop a critical mass in this downtown area and new developments of this type develops a more capable critical mass and fits the goal for the community.

Mr. Kusina said that the ability to allocate these bonds to the city for the continued downtown revitalization effort is wonderful. Commissioner Dearden noted that, from the overlay, part of the parking terrace appeared to encroach into the county’s property and the county was looking at possibly building a new building in that area and did not wish to do anything detrimental. Tom Christopulos, of Ogden City, responded that the city is currently looking at those issues to ensure there is no incursion into the new building area. Mr. Bride reiterated that there are several issues that have to be reviewed regarding access, easements, setbacks, right-of-ways, etc., and guaranteed the city will not move forward on the project until there is sign-off by the County Commission. Chair Bischoff stated that the county has a strip of property in the area and it would lose some parking and this may be detrimental to the county in the future.

2. Final approval of Dee Schenck Subdivision and a request for Deferral of Curb, Gutter and Sidewalk

The applicant is requesting final approval and deferral of curb, gutter and sidewalk for this 1-lot subdivision located on the southeast corner of 4300 W. and 2550 S.

Justin Morris, County Planning Division, noted that access to the lot is on 4300 W. This subdivision is within 1.5 mile radius of Kanesville Elementary School. The intent of this subdivision is to bring a non-conforming parcel with a single family dwelling into compliance with the requirements of the A-1 Zone. The home was constructed in 1945, prior to the adoption of setback regulations and will be considered legal non-conforming.

Commissioner Zogmaister noted that last recently when the Commission approved deferrals of curb, gutter and sidewalk (see 2/23 & 3/9/10 minutes) the commissioners had questions as to what is the School District’s policy. The Commission feels that the developer should pay for curb, gutter and sidewalk and that an escrow should be established. No response has been received from the School District. Sean Wilkinson, County Planning Department, stated that Mr. Taggart, from the School District, had corresponded with him this morning stating he had mailed a letter to the county over one month ago, but it must have been lost in the mail and Mr. Taggart will personally deliver it when he returns to town. Commissioner Zogmaister asked if Mr. Taggart had mentioned what was in the letter but he had not. Mr. Morris said that Curtis Christensen, County Engineer, and Chris Allred, Deputy County Attorney, had been given the task by the Commission to find a solution. Chair Bischoff noted that when these deferrals are called for in the future (and the property has been sold), the developer by then is out of the loop and does not have to pay for the improvements. Commissioner Zogmaister requested that this issue be resolved before any more requests for deferrals are presented. She said that the Commission was not trying to hold up development but simply wants a policy in place. The commissioners noted that this has been occurring for many years; they want it resolved.
Commissioner Dearden moved to grant final approval of Dee Schenck Subdivision with deferral of curb, gutter and sidewalk; Commissioner Zogmaister seconded, voting aye.

3. Final approval of Uncle Daurel’s Subdivision (3 lots)

Sean Wilkinson, County Planning Division, stated that Uncle Daurel is a 3-lot subdivision in the North Fork area of Ogden Valley. It is an amendment to Oak Brook Subdivision, which was a 1-lot subdivision created in 1993. The purpose of the amendment is to combine Oak Brook Subdivision with adjacent property to create three larger subdivision lots. Oak Brook will be vacated later in this meeting as part of this amended subdivision process. All three of the proposed lots in Uncle Daurel’s Subdivision have existing single family dwellings. Two of these lots will have frontage of only 109 feet, instead of the required 150 feet, because a variance for the 109 feet was granted by the Board of Adjustment in 1965. All three lots have three acres, which meets the FV-3 Zone requirement. The Planning Commission unanimously recommended approval of this item on 1/26/2010.
Commissioner Zogmaister moved to grant final approval of Uncle Daurel’s Subdivision (3 lots); Commissioner Dearden seconded, voting aye.

4. Final approval of Howard Homestead Subdivision (1 lot)

Sean Wilkinson, County Planning Division, stated that this lot, located in Huntsville, contains 1.6 acres, which is below the area requirement, however, it meets the requirements of Zoning Ordinance Chapter 28, which allows parcels that were recorded prior to July 1992 and met the area and frontage requirements of the zone in which they were located when they were created to still meet those requirements. The lot was approved administratively through the provisions of the Subdivision Ordinance in May 2009.

Mr. Wilkinson noted that the Subdivision Ordinance specifically requires deferral agreements for the Ogden Valley rather than actual installation of curb, gutter, and sidewalk improvements, because these improvements are not currently desired in the Valley. This differs from Western Weber County where the Commission must discuss and approve each deferral request individually, and may require the actual installation of the improvements.
Commissioner Dearden moved to grant final approval of Howard Homestead Subdivision (1 lot);
Commissioner Zogmaister seconded, voting aye.

 5. Contract with Post Bros. LLC, to provide storage/maintenance building and outdoor storage for equipment used by Weber County Property Management - Contract C2010-65

Doug Dickens, County Operations Department, stated that County Operations was seeking space for equipment storage that is more secure than what they have been using. The former location had become untenable. This contract is for three years with two possible 1-year extensions, and the amount is $16,800/year. Chair Bischoff asked if this was the same amount paid in the past and Mr. Dickens replied that this was higher, but was safer and had a larger footprint. Mr. Dickens addressed Commissioner Zogmaister’s question stating that the money for this is in the budget.
Commissioner Zogmaister moved to approve Contract C2010-65 with Post Bros. LLC, to provide storage/maintenance building and outdoor storage for equipment used by County Property Management; Commissioner Dearden seconded, voting aye.

 

G. Public Hearing:

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

2. Public hearing regarding the vacation of Oak Brook Subdivision

See item F.3. Sean Wilkinson, County Planning Division, stated that Oak Brook Subdivision is being amended and would become part of Uncle Daurel’s Subdivision, therefore, Oak Brook is being vacated. The Ogden Valley Planning Commission unanimously recommended that Oak Brook Subdivision be vacated as part of final approval of Uncle Daurel’s Subdivision. Chair Bischoff invited public comment and none was offered.

3. Commissioner Dearden moved to adjourn the public hearing and reconvene the public meeting; Commissioner Zogmaister seconded, voting aye.

4. Action on public hearing:

G.2.- Vacation of Oak Brook Subdivision
Commissioner Zogmaister moved to adopt Ordinance 2010-5 vacating Oak Brook Subdivision including all utility and ditch easements; Commissioner Dearden seconded, voting aye.
Roll Call Vote:
Commissioner Zogmaister aye
Commissioner Dearden aye
Commissioner Dearden. aye

H. Assign Pledge of Allegiance & Thought of the Day for Tuesday, April 20, 2010, 10 a.m.

I. Public Comments:

Ben Howard, applicant for the Howard Homestead Subdivision (item F.4 above), asked for clarification on curb and gutter for Ogden Valley. He has been required to allocate property frontage for the Ogden Valley Pathways, which he has done, and there is also the curb and gutter deferral, and he felt there was a conflict. He asked for a waiver of curb and gutter. Sean Wilkinson said that the pathway can take the place of the sidewalk, that curb and gutter is still required but in the Valley, the ordinance states the county requires the deferral because those are not desired at this time. In this case, the developer has to sign the deferral agreement, in the event those improvements are called in the future.

 Mr. Howard expressed concern because the document he was asked to sign requires him to cover the street (900 sq. ft. of asphalt, including road base and subbase), along with 150 ft. of curb and gutter, and that he had to write a check for the amount. He asked if he could petition for a variance. He was struggling with signing a document stating he would do something when financially he knew he would never be able to fulfill. Mr. Howard asked if he could place an agenda item about curb and gutter deferrals and David Wilson, Deputy County Attorney, responded that it would require an ordinance change. These deferrals are recorded with the lots to give notice to future buyers that they may have that responsibility. Because it is a financial burden to install them all at once, usually there is a special district bond to fund those and they are added to the property taxes. Mr. Wilson offered to address this issue further with Mr. Howard after the meeting.

J. Adjourn
Commissioner Dearden moved to adjourn at 10:56 a.m.; Commissioner Zogmaister seconded, all voting aye.

Kenneth A. Bischoff, Chair
Weber County Commission Alan D. McEwan, CPA
Weber County Clerk/Auditor