Minutes for 2010-05-11, Direct pdf link.

MINUTES
OF THE BOARD OF COMMISSIONERS OF WEBER COUNTY
Tuesday, May 11, 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; Chris Allred, Deputy County Attorney; Fátima Fernelius, of the Clerk/Auditor’s Office, took minutes.

A. Welcome - Chair Bischoff
B. Pledge of Allegiance - Curtis Christensen
C. Thought of the Day - Chair Bischoff

D. Consent Items:
1. Purchase Orders in the amount of $69,019.58
2. Warrants #261758 - #261924 in the amount of $903,562.70
3. Minutes for the meetings held on April 6, 2010 and May 4, 2010
4. Surplus ten office chairs from the Weber/Morgan Health Department
5. A new business license
6. Set a second public hearing for June 1, 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. The proposed rezone covers approx. 4,234 acres within Weber County and would change the existing resort zoning from Forest Residential-3 (FR-3), Forest Valley-3 (FV-3), Commercial Valley Resort Recreation-1 (CV-1), and Forest 40 (F-40) to Forest Valley-3 (FV-3), Commercial Valley Resort Recreation-1 (CVR-1), and Forest-40 (F-40)
7. Tax Review Committee recommendations to remove penalty and interest from the following parcels: 09-137-0007; 15-008-0025; 15-098-0015
Commissioner Dearden moved to approve the consent items as presented; Commissioner Zogmaister seconded, all voting aye.

E. Action Items:

1. Request from the Tax Review Committee to approval of the following extension request on 2010 Tax Sale: 08-104-0038, Parkinson Investments

Roger Brunker, Clerk/Auditor’s Office, stated that Parkinson Investments requested a 1-year extension stating they would pay $18,000 if the extension was granted. The Tax Review Committee unanimously recommended the 1-year extension upon payment of the $18,000. Mr. Brunker addressed Chair Bischoff’s question stating that applicants are informed that their obligation needs to be paid within the year and are encouraged to make monthly payments.
Commissioner Zogmaister moved to grant the 2010 tax sale extension for Parkinson Investments, Land Serial Number 08-104-0038; Commissioner Dearden seconded, all voting aye.

2. Resolution amending the County Fair Advisory Board Bylaws - Resolution 15-2010

Commissioner Dearden moved to adopt Resolution 15-2010 amending the Weber County Fair Advisory Board Bylaws; Commissioner Zogmaister seconded.
Roll Call Vote:
Commissioner Zogmaister aye
Commissioner Dearden aye
Chair Bischoff aye Jan Wilson, County Fair, outlined the following changes: all ex-officio members vote; remove Ms. Weber County as a board member (her school schedule conflicts with meetings); appoint an executive committee. Commissioner Dearden clarified that honorary members are non-voting.

3. Contract with Broken Heart Rodeo Company, LLC, to produce the rodeo for the 2010 Weber County Fair - Contract C2010-99

Jan Wilson, County Fair, presented this contract for $6,000 noting that page 1 of the contract indicated an additional $10/run fee for timed cattle, thus the total contract amount will be higher than the $6,000, depending upon the number of cowboys participating.
Commissioner Zogmaister moved to approve Contract C2010-99 with Broken Heart Rodeo Company, LLC, to produce the rodeo for the 2010 Weber County Fair; Commissioner Dearden seconded, all voting aye.

 

4. Amend a Zoning Development Agreement by revising the Conceptual Development Plan within the Eden Blacksmith Village Rezone that was previously approved as part of Ordinance 2008-17 - Contract C2010-100

Scott Mendoza, County Planning Division, stated that since approval of the original request, the owner identified some project structural and design challenges that prompted him to approach the Planning Commission with revisions: the addition attached to the south side of the Blacksmith Shop has no foundation and its integrity was compromised, and the floor plans were not conducive to office-type space.

Mr. Mendoza showed the existing conceptual plan and also renditions of the proposed revisions:
1) Remove the addition (800 ft.2 structure) attached to the south side and replace it with a building approximately 1900 ft.2 and more compatible with the design and architecture of the existing Blacksmith Shop;
2) Demolish the single family dwelling and replace it with a building of approximately the same square footage that is architecturally more compatible with the Blacksmith Shop;
3) Revise the site layout by enlarging (3,196 ft2 vs. 2,100 ft.2) the “restaurant” building and separating it from the rear of the Blacksmith Shop, increasing an outdoor plaza area;
4) Eliminate the 5,400 ft.2 retail/office building from the rear of the property;
5) Relocate more parking stalls to the rear of the property so they are more concealed; and
6) Provide two areas within the parking lot where ingress/egress can be provided to an adjacent undeveloped area if desired for the future.

County planning staff and the Planning Commission recommend approving the amended conceptual plan with a begin construction date of 6/23/2010 and a completion date of 6/23/2013, at which time the county can assess the project and decide whether to extend the Zoning Development Agreement. Mr. Mendoza noted that Mr. VanZeben, project architect, was present to address any questions.

Commissioner Zogmaister asked if the number of parking stalls was the required amount because it appeared excessive parking for the facilities and Mr. Mendoza responded that surface parking was generally driven by the use inside the buildings, however, this is conceptual and when the applicant submits a commercial site plan for review they will have a better idea on the types of tenants.
Commissioner Dearden moved to approve Contract C2010-100 amending a Zoning Development Agreement by revising the Conceptual Development Plan within the Eden Blacksmith Village rezone previously approved as part of Ordinance 2008-17; Commissioner Zogmaister seconded, all voting aye.

 

5. Contract with Qwest for Internet Service - Contract C2010-101

Leonard Call, Information Technology Department Director, stated that the county has been using a month- to- month service (at $2,600/month) for the fiber connection but ran out of space. Request for proposals were issued and Qwest was selected. This contract is for three years at $800/month and doubles the capacity. Over the three years the county will save about $30,000.
Commissioner Zogmaister moved to approve Contract C2010-101 with Qwest for internet service; Commissioner Dearden seconded, all voting aye.

6. Contract with Wilford M. Hale for a Real Estate Purchase and Sale Agreement - Contract C2010-102

Nate Pierce, County Operations Department Director, stated that on 3/23/2010 the county declared this parcel surplus. This agreement requires Mr. Hale to combine this property with his existing parcel (LSN 11-093-0027) so that there is only one land serial number. This contract is for $1,100. A quit claim deed is included with these documents. Chris Allred, Deputy County Attorney, noted that the contract erroneously stated that it was with Ogden City, rather than with Mr. Hale.
Commissioner Dearden moved to approve Contract C2010-102 with Wilford M. Hale for a Real Estate Purchase and Sale Agreement and the Quit Claim Deed, with the noted change; Commissioner Zogmaister seconded, all voting aye.

 

7. Approval of 2010 Primary Election Poll Workers and 2010 Primary Election Plan

Douglas Larsen, Clerk/Auditor’s Office, presented the list of poll workers for the June 22, 2010 Primary Election. Weber County is the sole county where voters will be voting for only one seat (U.S. Senate). He noted that, based on the one ballot option, projections of modest voter turn-out, and the obligation to be fiscally responsible, the number of voting locations have been scaled down from 74 to 32. The Changes will be noticed in the newspaper, in a mailing and on the county website. Commissioner Zogmaister stated that the locations were well placed.
Commissioner Zogmaister moved to approve the list of the 2010 Primary Election poll workers and the 2010 Primary Election Plan; Commissioner Dearden seconded, all voting aye.

8. Final approval of Causey Estates Subdivision No. 1, Lots 53 and 54 1st Amendment

Ben Hatfield, County Planning Division, stated that these lots were located at 567 N. Lower Oak Road. The vacation of Causey Estates Subdivision No. 1 will occur during the public hearing portion of this meeting and is due to an amended subdivision plat which will combine the two lots. The Planning Commission recommended final approval of this item.
Commissioner Dearden moved to grant final approval of Causey Estates Subdivision No. 1, Lots 53 and 54 1st Amendment; Commissioner Zogmaister seconded, all voting aye.

9. Contract with Wasatch Correctional Medical Services, LLC, for medical services at the Weber County Correctional Facility - Contract C2010-103

Undersheriff Kevin McLeod, Sheriff’s Office, stated that this contract replaced the one entered into last year with MediCruiser. It reduces the contract cost from $18,500 to $13,000/month. Commissioner Zogmaister noted that nursing staff were not included in the cost of this contract and Undersheriff McLeod responded that the nursing staff has always been considered county employees. He added that this contract allows cost reduction and also better monitoring of costs.
Commissioner Dearden moved to approve Contract C2010-103 with Wasatch Correctional Medical Services, LLC, for medical services at the Weber County Correctional Facility; Commissioner Zogmaister seconded, all voting aye.

 

10. Discussion and/or action on a Bonneville Shoreline Connector Pathway Alignment

Mark Bedel, Executive Director of Weber Pathways, requested that the county consider using the old Uintah road property as a pathway between South Ogden and Uintah City and that county staff work with Pathways and the landowners to help resolve some related issues, possibly by an agreement so that titles are clearly defined.

The Bonneville Shoreline Connector (currently a steep dirt pathway) that was originally planned to be the trail from the Beus Drive Trailhead through South Ogden into Uintah City was a road that has not been used for many years. The original plan for this section would have consisted of switchbacks through parcel 07-083-0036, owned by Washing Heights Baptist Church.  Weber Pathways owns property along the railroad line and this connector will eventually connect with the Weber River Parkway, completing the Centennial Loop. Pathways, in discussion with the county last year, began looking at making a dirt trail along the subject road but found there were some discrepancies between property descriptions. Mr. Bedel has discussed this issue with Rob Scott, County Planning Division Director, Ernest Rowley, County Recorder/Surveyor and Curtis Christensen, County Engineer. He said that the county clearly owns the road, but the exact center line location in the old deed is not clear (whether it is 45 or 66 ft.). While this issue was being worked out, a temporary connection was made over the county storm drain easement, but this alignment cannot be permanent because it is too steep for trail standards. There is an adjacent 9 + acre parcel of private property and the owner, Tamra Hart (see following item, E.11) is planning to build a home, but because this alignment is not exactly determined, Pathways feels it is the appropriate time to work with the property owners and also beneficial to all parties to resolve the issues. Chair Bischoff asked if determining the width of that road affected the ownership of surrounding property owners and Mr. Bedel responded that they were not clear of their boundaries because of inconsistent recorded documentation. He noted that the county owns a strip through there–it is ownership not an easement. Chair Bischoff recommended hearing the next item and the Commission heard it, because it is related to this one, before taking action.

The commissioners directed pertinent county staff to meet on this issue and for the County Attorney’s Office to prepare documents to be brought before the Commission that will designate the use of this county road as a pathway and for the easement to be limited to the Hart’s underground waterline as discussed.

11. Discussion and/or action on an easement request for a strip of land adjacent to land serial number 07-083-0044

Curtis Christensen, County Engineer, noted that this and the above item were somewhat related and he concurred that this is an opportune time to work with the property owner on this issue to clear titles. He referred to Tamara Hart’s request for an easement to cross the county roadway for an underground water line to the single family home that she is in the process of building. Her property is immediately adjacent to a strip of land (a small piece of the Old Lincoln Highway) deeded to the county in the late 1800's. Mr. Christensen showed an area map and an areal photograph noting that according to those documents, the county property was 16.5 ft. wide, however, as Mr. Bedel had indicated, there were discrepancies on the exact width, and the County Surveyor had done research and found other significant information that changed the county property’s width. He did not see conflict with the uses but strongly recommended first clearing up the boundaries.

Ernest Rowley, County Recorder/Surveyor, stated that the county’s roadway width could be resolved by dividing the area (4.67 acres) by the length, which resulted in about 44 ft. width. He showed a copy of the deed which had a graphic showing the road as substantially wider than the 16.5 ft. He did not see a reason not to proceed with the easement as long as there were agreements, or language within the easement itself, stating that, should the Commission desire to proceed with the trail, the granting of the easement would not prevent continuing the trail. He noted that when easements are granted, they become the sovereign, thus it is important to clearly define the county’s uses of that property before granting the easement. Chris Allred, Deputy County Attorney, stated that if the Commission granted the easement, they could limit the scope of the easement, making it clear that it is limited to the underground waterline, as well as to indicate other intended uses for the property. Mr. Rowley noted that had been his concern–that the county not grant unlimited rights.

Commissioner Zogmaister noted that Pathways has been trying to place a trail in that area for some time, and where the county already owns the property and has no plans to use it as a road, and has in the past been very supportive of pathways, therefore, this is a very good connector and important link with the overall pathway trails that go throughout Weber County. Chair Bischoff agreed that the county is looking for these connecting segments. He asked if the property owner or representative was present but no one was (Ms. Hart arrived towards the end of this meeting). The commissioners directed county staff to meet on this issue and for the County Attorney’s Office to prepare the document to be brought before the Commission with their intent to limit the easement to the Hart’s underground waterline as discussed. Chair Bischoff believed that other than the hillside review process, the property owner has met all the requirements for a building permit and is anxious to move forward, and he did not wish to impede her process, regardless of the road width. He asked when this item could come before the Commission and Mr. Rowley believed in about two weeks.

F. Public hearings:
1.Commissioner Dearden moved to adjourn the public meeting and convene the public hearings; Commissioner Zogmaister seconded, all voting aye.

2. Public hearing to amend the Zoning Ordinance, Chapter 22A (Manufacturing M-3 Zone), by adding photovoltaic solar energy facilities as a conditional use

Jim Gentry, County Planning Division, stated that Element Power request adding large-scale photovoltaic solar energy systems designed to produce energy for wholesale purposes as a conditional use to the M-3 Zone. He showed photos of similar projects by Element Power. Mr. Gentry stated that this was in compliance with the West Central Weber County General plan for that zone. The Weber County Planning Commission unanimously recommended approval on 4/13/2010. Chair Bischoff invited public comments and none were offered.

3. Public hearing regarding vacating lots 53 & 54 of Causey Estates Subdivision No. 1

See item E.8. above. Ben Hatfield, County Planning Division, stated that this was the required vacation for these lots. Chair Bischoff invited public comments and none were offered.

4.Commissioner Zogmaister moved to adjourn the public hearings and reconvene the public meeting; Commissioner Dearden seconded, all voting aye.

5. Action on public hearings:

F.2. - Amend the Zoning Ordinance, Chapter 22A, adding photovoltaic solar energy facilities as a conditional use - Ordinance 2010-7
Commissioner Dearden moved to adopt Ordinance 2010-7 amending the County Zoning Ordinance, Chapter 22A, Manufacturing Zone, adding large-scale photovoltaic solar energy systems designed to produce energy for wholesale purposes as a conditional use; Commissioner Zogmaister seconded.
Roll Call Vote:
Commissioner Zogmaister aye
Commissioner Dearden aye
Chair Bischoff aye

F.3. - Vacation of lots 53 and 54 of Causey Estates Subdivision No. 1 - Ordinance 2010-8
Commissioner Zogmaister moved to adopt Ordinance 2010-8 vacating lots 53 and 54 of Causey Estates Subdivision No. 1; Commissioner Dearden seconded.
Roll Call Vote:
Commissioner Zogmaister aye
Commissioner Dearden aye
Chair Bischoff aye

 

G. Assign Pledge of Allegiance & Thought of the Day for Tuesday, May 18, 2010, 10 a.m.

H. Public Comments:

Tamra Hart (see item E.10 above) arrived after her item had been discussed and Chair Bischoff informed her that the Commission did not question the easement and were inclined to grant it, however, they were questioning the width of the county property and it would take about two weeks to determine that and to prepare the necessary document(s). Ms. Hart noted that she may have a time frame issue related to construction and Curtis Christensen, County Engineer, stated she has until mid October and the hillside review is in the process. Mr. Rowley, Recorder/Surveyor will meet with her.

I. Adjourn
Commissioner Zogmaister moved to adjourn at 11:15 a.m.; Commissioner Dearden seconded, all voting aye.

Kenneth A. Bischoff, Chair
Weber County Commission

Alan D. McEwan, CPA
Weber County Clerk/Auditor