Minutes for 2010-04-20, Direct pdf link.

MINUTES
OF THE BOARD OF COMMISSIONERS OF WEBER COUNTY
Tuesday, April 20, 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 - David Wilson
C. Thought of the Day - Chair Bischoff

D. Consent Items:
1. Purchase Orders in the amount of $307,931.84
2. Warrants #260966 - #261191 in the amount of $1,471,283.84
3. Minutes for the meeting held on April 13, 2010
4. Set public hearing for May 11, 2010, 10 a.m., to amend Zoning Ordinance, Chapter 22A (Manufacturing M-3 Zone), by adding photovoltaic solar energy facilities as a conditional use
5. Set public hearing for May 11, 2010, 10 a.m., regarding vacation of lots 53 & 54 of Causey Estates Subdivision No. 1
6. Set public hearing for May 11, 2010, 10 a.m., on proposed amendments to Zoning Ordinance, Chapter 2 (Zones and Districts), Chapter 4 (Gravel Zone G-1), Chapter 4A (Gravel Zone G-2), of the and the rezoning of property located at approximately 5100 N. Shaw Drive from G-1 (aka S-1G) to G
7. Surplus radio equipment from the Weber County Sheriff’s Office
Commissioner Zogmaister moved to approve the consent items; Commissioner Dearden seconded, all voting aye.

E. Presentations:

Presentation of design awards Pleasant Valley Branch Library

Lynnda Wangsgard, Country Library Director, stated that first anniversary celebrations of the opening of this library branch are occurring this week. Ms. Wangsgard outlined some statistics stating that during the 8 months the library was opened in 2009 included that 152,000 visits were recorded, there were more than 188,000 public requests for information, more than 157,000 items were circulated, 160 community groups used the public meeting venues; and the library staff hosted 240 diverse programs.

Ms. Wangsgard stated that the library is exceeding expectations in its service to the people due in part to the outstanding building program compiled by county officials, employees, friends of the library and a large number of community members. She spoke of the great job done by Prescott Muir & Associates, the architectural firm that designed/oversaw construction, and Jay Lems, the lead architect. The building is competing for a gold certification in leadership in energy and environmental design. The building has already been recognized with two design awards, one State and one national in scope. Mr. Muir and Mr. Lems presented some of these awards, recognized by the American Library Association, to the Commission and Ms. Wangsgard given in three distinct areas: community building design; technology; and learning spaces. Additionally, a prestigious fourth award from the Utah Chapter of the American Institute Architects for the building’s design excellence was presented. Commissioner Zogmaister noted that it was a remarkable building.

Presentation of American Recovery & Reinvestment Act (ARRA) Bonds - The Junction/West Washington Blvd. Project

Ron Kusina, Executive Director of the Redevelopment Agency of Weber County, noted that last week Ogden City had made a presentation on using part (about $13 million) of an allocation of the American Recovery and Reinvestment Act (ARRA) bonds.

Mr. Kusina said that they had a little over $3 million of additional funding in the original allocation designed for the private sector and today Terrence Bride, of Ogden City, and Kevin Ludlow, of Sequoia Development, Inc., were presenting a proposal for a new project on the west side of Washington Blvd. in the Junction area that would use the remainder of those funds. Mr. Kusina noted that he had discussion with Commissioner Dearden about a potential project in the county, but after checking with the State, the county would not be able to move private sector ARRA bonds to a public facility, however, it would be good for Ogden to use it, keeping that money in the community. Mr. Kusina has received notification that the State has recovered about $24 million in additional funding to be allocated for public facilities and the county can apply. Chair Bischoff asked if these funds also had an application deadline of 12/31/2010 and Mr. Kusina replied that was correct.

Mr. Bride made a presentation for a proposed $18.5 million project for the west side of Washington Blvd. stating that it would require $9 million dollars of Recovery Zone Facility Bonds, however, the county only has $2.410 million left after the action item (F.1.) today and the city would like to go back to the State and apply for additional reallocation in order to meet the $9 million goal. He showed an artist’s rendering of the proposed project stating that it would be a retail development and hotel with about 125-140 rooms initially employing about 30 staff and then potentially 45-90 at full build out. The city is also requesting $610,000 of the county allocation to go towards a $3 million subterranean parking (with about 250 stalls) that would be an adjunct to the hotel, although it is public parking. Mr. Bride restated that $9 million would come from the Facility Bonds, another $3 million from those bonds for the public sector, other private investments, and a concept for a $1.5 million to the developer as a grant. He said that if it weren’t for all of these components, this project would not be economically feasible. The projects meet the community’s goals of reinvesting in the downtown core.

Mr. Ludlow, president of Sequoia Development, gave a history of his company, which is a small local company from Utah and they are developers as well as contractors. He showed slides of various types of his developments. He envisions a nationally recognized hotel chain in this site, such as Marriott, Hilton, Hyatt or Sheraton, and has had preliminary discussions with them. Mr. Ludlow said that they see needs in Ogden City, particularly extended-stay facilities, that would help enhance the ski industry and the increased business travel.

F. Action Items

1. Resolution allocating to the City of Ogden (“City”) $4,000,000 of the Weber County Recovery Zone Economic Bond Allocation received pursuant to the American Recovery and Reinvestment Act of 2009 (“ARRA”) for the purpose of allowing the City to issue Recovery Zone Economic Development Bonds to finance all or a portion of the costs related to a parking terrace development; and, also allocating $9,000,000 of the County’s Recovery Zone Facility Bond allocation received pursuant to ARRA for the purpose of allowing the City to issue Recovery Zone Facility Bonds for the benefit of Octagon Capital Partners, LLC or a related party to finance all or a portion of the costs for a qualifying project under the Utah Industrial Facilities and Development Act - Resolution 14-2010

Ron Kusina, Executive Director, Redevelopment Agency of Weber County, emphasized that this resolution related to the two projects presented last week, which he summarized: $4 million of the county’s Recovery Zone Economic Bond Allocation to finance all or a portion of the costs for a proposed parking terrace and the $9 million allocation for the private sector development.
Chair Bischoff noted that the county still has concerns which have not been resolved. Mr. Bride stated that the city is aware of those concerns and is evaluating them with staff and over the next weeks and months will be making certain that the city and county come to a consensus before any action is taken on design and construction. Chair Bischoff asked what would happen if consensus was not reached, and Mr. Bride said that the project would not occur, however, he felt confident that issues–such as easement and access–can be resolved. Tom Christopulos, of Ogden City, explained that without the conduit authorization, there is no reason to move forward–the first step is to obtain the funding. He reiterated that they are aware and very sensitive to the number of issues that need to be resolved. Commissioner Zogmaister noted that the agreement before the Commission last week, which was different than what they had today, had stated the county’s responsibility to donate that land, and she asked if that was what the county was signing today. Mr. Christopulos responded that this was not, that it would be a separate agreement and when the process reached that point, the city would ask the county to exchange ground for other parking spaces. The city would also be asking for permission on the rest of the issues such as parking exchange for ground, right-of-way issues, ingress/egress, etc.

Mr. Kusina stated that they would need to come before the Commission next week for approval on the project in today’s presentation. Commissioner Zogmaister asked about the $615,000 allocation from Weber County to the city for the subterranean parking structure and Mr. Kusina replied that was still part of the bond allocation–they had split what was left in the bond fund, $2.4 million for the hotel complex and $615,000 of that $3 million to go to the parking structure.
Commissioner Dearden moved to adopt Resolution 14-2010 allocating to the City of Ogden (“City”) $4,000,000 of the Weber County Recovery Zone Economic Bond Allocation received pursuant to the American Recovery and Reinvestment Act of 2009 (“ARRA”) for the purpose of allowing the City to issue Recovery Zone Economic Development Bonds to finance all or a portion of the costs related to a parking terrace development; and, also allocating $9,000,000 of the County’s Recovery Zone Facility Bond allocation received pursuant to ARRA for the purpose of allowing the City to issue Recovery Zone Facility Bonds for the benefit of Octagon Capital Partners, LLC or a related party to finance all or a portion of the costs for a qualifying project under the Utah Industrial Facilities and Development Act; Commissioner Zogmaister seconded.
Roll Call Vote:
Commissioner Zogmaister aye
Commissioner Dearden aye
Chair Bischoff aye

2. Request for approval of the following Tax Sale Extension requests:
02-014-0048 Jay Seay
04-040-0043 Juan Espinoza
04-040-0053 Juan Espinoza
11-244-0018 Diane Evans
11-043-0023 Bennie Fergeson
04-034-0041 Baltizar Ruiz
09-019-0018 Lee Sosa
01-054-0026 Ogden City
03-035-0002 Remington Commercial Prop. (Ogden City)
15-030-0129 Property Network Inc.

Roger Brunker, Clerk/Auditor’s Office, stated that State Code requires counties that have certain taxes delinquent to put them up for public auction. The law allows the county to make recommendation to defer, extend or settle on certain properties. The county has found that generally 1-year extensions is the best way to proceed. Mr. Brunker noted that these properties will continue to accumulate interest until paid and no tax obligation is being abated or forgiven. He noted that the Tax Review Committee had unanimously recommended that these be granted 1-year extensions with the exception of the last three (Ogden City, Remington Commercial & Property Network) because these did not submit the information on time. These three were tabled.  Of those recommended for approval, all are residences, except the Juan Espinoza properties.
Commissioner Zogmaister moved to accept the Tax Review Committee recommendations to grant tax sale extensions, with the exceptions of Ogden City, Remington Commercial Properties, and Property Network; Commissioner Dearden seconded, voting aye.

 

3. Approval of 2009 Abatements

Roger Brunker, Clerk/Auditor’s Office, outlined the four county programs for property tax relief: blind, disabled veteran, indigent abatement and circuit breaker exemptions. In 2009 there were a total of 3,342 applicants (150 more than the previous year) that were approved for a total abated amount of $2,767,509. Of that amount, the State reimbursed $464,207. Mr. Brunker stated that Alan McEwan, Clerk/Auditor, has been very proactive to inform the public about these programs offering presentations at the different senior centers, etc. This is also noticed on valuation and tax notices. He addressed Commissioner Zogmaister’s question outlining the increase in each program, with the exception of the blind exemptions, which decreased about $1,000.
Commissioner Dearden moved to approve the 2009 abatements; Commissioner Zogmaister seconded, voting aye.

4. Contract with Eric Dodge to perform at the 2010 Weber County Fair - Contract C2010-66

Jan Wilson, County Fair, presented this contract in the amount of $2,200.
Commissioner Zogmaister moved to approve Contract C2010-66 with Eric Dodge to perform at the 2010 Weber County Fair; Commissioner Dearden seconded, voting aye.

5. Ordinance changing the name of a street in “Bended Knee Farms” from 1400 South to 1300 South - Ordinance 2010-6

Ernest Rowley, County Recorder/Surveyor, stated that this subdivision fronts on 1300 South Street and for some unknown reason during the approval process the street was listed as 1400 South.
Commissioner Dearden moved to adopt Ordinance 2010-6 changing the name of a street in Bended Knee Farms from 1400 South to 1300 South; Commissioner Zogmaister seconded.
Roll Call Vote:
Commissioner Zogmaister aye
Commissioner Dearden aye
Chair Bischoff aye

 

6. Request to retire real property parcel numbers:
15-127-0018 (holding strip); 21-025-0023 (Small wedge of property)

Ernest Rowley, County Recorder/Surveyor, asked that these two land serial numbers be retired.
15-127-0018 - is a holding strip on the east side of 2550 West Street. The property owner is delinquent in taxes and rather than to have it go to tax sale and another individual potentially buying the county road, this action enables the strip to be listed as part of the county road. Commissioner Dearden noted that the LSN was different on the agenda from the provided map and Mr. Rowley stated that it should be 15-127-0018.
Commissioner Dearden moved to retire parcel 14-127-0018; Commissioner Zogmaister seconded, voting aye.

21-025-0023 - this narrow wedge of property is delinquent in taxes and it is unknown why that strip exists. Mr. Rowley believes it is a non-existent parcel. Commissioner Zogmaister asked if the adjoining property owners would be notified of this action and Mr. Rowley replied they would not, that if the property is ever subdivided or surveyed, they may take care of it then. It will show on the property plats for notice during title searches that there may be a question as to who owns it.
Commissioner Zogmaister moved to retire parcel 21-025-0023; Commissioner Dearden seconded, voting aye.

G. Assign Pledge of Allegiance & Thought of the Day for Tuesday, April 27, 2010, 10 a.m.

H. Public Comments: None

I. 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