Minutes for 2010-08-17, Direct pdf link.

MINUTES
OF THE BOARD OF COMMISSIONERS OF WEBER COUNTY
Tuesday, August 17, 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, 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 - Shelly Halacy
C. Thought of the Day - Commissioner Dearden

D. Consent Items:
1. Purchase Orders in the amount of $51,839.45
2. Warrants #265019 - #265210 in the amount of $2,333,551.36
3. Minutes for the meeting held on August 10, 2010
4. Surplus the following from the Road Department: #46-1985 Vicker Pup Trailer, #18- Dodge Flat Bed Trailer, #32-2005 Chevrolet 4500, 1992 Broce Broom
5. Declare parcel #15-113-0002 as surplus property
Commissioner Dearden moved to approve the consent items as presented; Commissioner Zogmaister seconded, all voting aye.

E. Action Items:

1. Contract with Weber Pathways related to Recreation, Arts, Museums and Parks funding - Contract C2010-165

Mike Caldwell, County Public Information Officer, presented this major RAMP project contract for the final segment of the Centennial Trail system. He stated that the contract amount needed to be amended to $235,000, the amount approved by the RAMP Board. As of 1/2010, 21 of the 27-mile loop around the county has been completed.
Commissioner Zogmaister moved to approve Contract C2010-165 with Weber Pathways related to Recreation, Arts, Museums and Parks funding with the correction amount of $235,000; Commissioner Dearden seconded, all voting aye.

 

2. Contract with Utah Central Railway making certain amendments to a lease agreement for the benefit of the Union Station Foundation - Contract C2010-166

David Wilson, Deputy County Attorney, stated that two years ago the county entered into a lease agreement with Utah Central Railway to allow them to store railcars on unused county railroad track at the Transfer Station. The lease allows them to use the whole track at $3/car but they do not generally use the entire track. The Union Station Foundation approached the county and Utah Central Railway about storing cars at the unused track at no cost. Because Utah Central Railway has the lease, their approval is necessary and this amendment to that 2008 lease allows Union Station to store up to 9 cars or approximately 420 feet of railway, without cost. The term for this amendment, affecting the Union Station Foundation only, is for 5 years with an option to renew for an additional five year period upon written agreement of the parties.
Commissioner Dearden moved to approve Contract C2010-166, First Amendment to the Track Lease Agreement with Utah Central Railway making certain amendments to a lease agreement for the benefit of the Union Station Foundation; Commissioner Zogmaister seconded, all voting aye.

 

 3. Action on the action taken by WACOG on August 2, 2010 regarding the commitment of 3rd 1/4 cent Sales Tax Dollars to Ogden City

Mayor Matthew Godfrey, Ogden City, stated that the City has been working for many years on a transit route from downtown to Weber State University. In the last 7-8 months there has been discussion about a separate project, that is part of the Wasatch Front Regional Council’s (WFRC) 2030 plan, for an urban circulator. The Utah Transit Authority (UTA) wants to know if there is demand/ridership for the circulator. The $175,000 is for the City to purchase rubber tired trolleys and gather data for one year to find whether there is the demand. Mayor Godfrey said that this pragmatic study will be funded by using the 1/4 cent sales tax revenue and the City will work with WFRC and the UTA. Chair Bischoff noted that these three entities will be determining the outcome and asked what criteria they would be using to determine if they met the target, if there is a fee to ride, etc., and Mayor Godfrey responded that the meeting on Friday (8/20) with UTA and WFRC would answer those types of questions. Commissioner Zogmaister read this agenda item language and stated that the county had not discussed giving the City 1/3 of the 1/4 cent sales tax revenue, only $175,000, and that this is a one-time funding. Mayor Godfrey stated that was correct. Chair Bischoff believed it should have said that the $175,000 was coming from the third quarter cent sales tax revenue. Commissioner Zogmaister said that discussion at WACOG had included that if it was determined that the project was not successful, any remaining funds, or proceeds from the sale of the trolleys, would go back to the fund. Mayor Godfrey concurred and clarified that the UTA and WFRC would be instructing the City how to conduct the study but would not be doing the actual data gathering, and the City will be operating the trolleys. The City is not paying anything for the study to be conducted.
Commissioner Dearden moved to approve WACOG’s commitment of a one-time funding of $175,000 from the third quarter cent sales tax fund to Ogden City to execute a study for the urban circulator as part of the Ogden/WSU transit corridor; Commissioner Zogmaister seconded, all voting aye.

 

4. Final approval of Sunridge Subdivision No. 3, First Amendment

The Sunridge Subdivision, located in the F-10 Zone, was approved with less than standard area and width requirements due to common areas that were left as open space as part of the Cluster Subdivision Ordinance. Ben Hatfield, of the County Planning Division, showed an area map stating that lot 85 will increase by 1.5 acres. An additional 1.5 acres will be purchased and added to the common area. Part of the common area will be vacated later in this meeting and added to this subdivision lot, which will be lot 90 of the first amendment. The Ogden Valley Planning Commission recommended final approval of this item on 9/22/2009.
Commissioner Zogmaister moved to grant final approval of Sunridge Subdivision No. 3, First Amendment; Commissioner Dearden seconded, all voting aye.

F. Public Hearing will begin at 6:00 p.m.

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

2. Public hearing regarding the vacation of Lot 85 and Common Area G of the Sunridge Subdivision No. 3

See item E.4 above. Ben Hatfield, of the County Planning Division, noted that lot 85 would become lot 90. The Home Owners Association would get an additional 1.5 acres of ground and convey that to this lot. The new 1.5 acres of land contains the springs that feed the water system for Sunridge and it is in the best interest of all parties to have that as common area. Mr. Hatfield had a draft of the ordinance and asked that it be reviewed by legal counsel prior to it being signed.

Chair Bischoff invited public comments and none were offered.
3. Public hearing regarding North Legacy Parkway discussion & action to consider amending the West Central Weber County General Plan Transportation Element. The amendment will revise the corridor amendment alignment for North Legacy Parkway moving it west from 4700 W. The recommended corridor extends north from West Haven City/Hooper City border at approx. 3300 S. to 5100 W., travels west through unincorporated Weber County to about 6300 W. before bending back to Plain City at approx. 2500 N. and 5900 W.

Rob Scott, County Planning Director, showed an area map stating that this amendment was to recognize that the existing alignment for the North Legacy Parkway (NLP) shown at 4700 W. is now recommended to be moved–extending north from West Haven City/Hooper City border at about 3300 S. to 5100 W., traveling west through unincorporated Weber County to about 6300 W. before bending back to Plain City at about 2500 N. and 5900 W. The corridor also extends through a county island surrounded by Plain City. The amendment includes the text as well as map 3-2. Mr. Scott noted that Rex Harris, of UDOT, and Ben Wuthrich, of the Wasatch Front Regional Council, were present.

The North Legacy Parkway Transportation Corridor Supplemental Study dated 10/2009 was presented to Weber County and affected municipalities for review and action. At the time of the initial North Legacy Parkway Transportation Corridor Study, dated 8/2001, there were various alternatives proposed and unanimity was not reached. In 2003 the county’s General Plan was adopted, which included 4700 W. as the alignment location. In 2/2007 a Supplemental Study was instituted and the Utah Department of Transportation (UDOT) and Wasatch Front Regional Council (WFRC) were contracted for this study. A steering committee was formed from representatives of local and State governments, and the Chamber of Commerce. The study identifies alternative planning corridors, recommends the corridor to preserve, and maps environmental concerns and other issues that need to be considered during any future environmental study.

The county began the review process with a work session of the Western Weber Planning Commission (WWPC) on 3/16/2010 where there was discussion about the NLP Transportation Corridor Supplemental Study recommendations to identify a future corridor. On 4/13/2010 the WWPC reviewed a summary of issues based upon the 3/16 work session and recommended that the Weber County Commission approve various North Legacy Parkway Corridor policy questions and a process for amending the West Central Weber County General Plan. On 5/4/2010 the County Commission approved the WWPC’s recommendation to proceed with the recommended West Central Weber County General Plan Transportation Element North Legacy Corridor amendment process. On 6/8/2010 the WWPC scheduled a public hearing for 7/13/2010. A work session/field trip to look at alignments 6 and 6A also took place. The plan amendment is limited to identifying the future corridor of North Legacy Parkway. During the field trip it became evident that the rationale for alternative 6A (to not divide existing properties) is accurate and that it is the preferred alignment.

Mr. Scott showed a map with alignments 6 and 6A (6300 W.), which are in close proximity to each other, but 6A more closely reflects existing property lines, cause the least amount of disruption, and is the recommendation. Mr. Scott outlined the Plan amendment summary:
? The existing General Plan Transportation Element is not consistent with the recommended corridor alignment from the Supplemental Study for the NLP. The Supplemental Study had an extensive public participation process that considered 23 alternative alignments.
? Although the exact alignment is not shown on the proposed map, establishing this policy will give certainty to land owners as to the future NLP location and will save the public substantial funds by acquiring the corridor now verses 30-40 years from now.
? The recommended amendment adopts alignment 6A. The exact corridor is not specifically defined at this time meaning the corridor does not have a legal description. As individual development proposals come forward, a specific location will be identified for the proposed parcel. When the project is built, then specific engineering specifications and drawings will identify the specific corridor. The recommended corridor width is 220 feet.
? Corridor acquisition will be funded by various methods, i.e., the UDOT Corridor Preservation Loan fund, the Weber County $10 Vehicle Registration Fee and Weber County Sales Tax Corridor Preservation Fund. Weber County and UDOT will use a variety of corridor preservation tools, i.e., acquisition of development rights and land use regulations. Land use regulations will be developed that will address special setback requirements, development exactions, access management, and density bonuses. The NLP has been designated as a high priority transportation corridor, which requires local officials to notify UDOT on pending developments that would impact the corridor.
? On the corridor’s north end there is one short segment in an unincorporated county island surrounded by Plain City before extending into Box Elder County.

Staff and the WWPC recommend that this Commission adopt Exhibit A, Proposed Findings of Fact and Conclusions of Law and Exhibit C, Transportation Plan Element Amendment and Map 3-2.

Chair Bischoff invited public comments and following is a summary:

Kattie Nipko, of Ogden, stated that this proposed corridor runs right next to her property and she opposes it. She showed photographs of what would have to be torn out for this corridor, which included part of the Weber River, farm land, and the Third Salt Creek, that runs from Bear River Bay and past her house–a concern because they are such a big waterways, and there are many deer that migrate to that area. She showed photographs of another corridor alternative, that she favored, which has no homes, no farm ground, waterways etc. She proposed the corridor be moved below 6700 W. where there are no homes, waterways, etc., to not ruin their community. Commission Zogmaister asked for clarification of the proposals Ms. Nipko referred to, if they were 6 and 6A. Ms. Nipko said that the request is to move the corridor west from the proposed location to below 6700 W.

Vicky Fowers, of Hooper, noted that Hooper City set aside 5100 W. for this corridor since 2001. She gave the commissioners a letter from the City in support of keeping it along 5100 W.

Bob Fowers, of Hooper, noted that Vicky Fowers is on the Hooper City Council. He was originally on the Hooper City Council in 2001 when UDOT asked them to set land aside for the corridor and they set a significant one aside. He said that 5100 W. takes a straight shot through Hooper, the proposed corridor on the west end would probably end agriculture entirely in Hooper, cutting through the farms. The commissioners noted that the proposed corridor still follows 5100 W., but goes through a small corner of Hooper. Mr. Fowers is in favor of the corridor along 5100 W.

Andrew Favero, of Taylor, stated that there has been a lot of input on this proposal and the plan has been well publicized. He hoped it was clear that Hooper and West Haven have decided on their portion, and this proposal is only for the unincorporated Weber County. The plan was drafted so that the corridor does not go through the middle of existing communities and should allow for long term planning, particularly for the farming community in western unincorporated Weber County.

Ben Wuthrich, of the WFRC, expressed appreciation to the citizens of western Weber County and the commissioners. The identified alignment as discussed tonight will be beneficial to the county if there is a future need for the road. He is aware of concern by some home owners, and he recognizes the ability of the Commission to work with them as the corridor is developed and preserved.

Rex Harris, of UDOT, addressed the issue of wetland mitigation. He was not familiar with the exact area of the wetland concerns but stated that generally for corridors there are environmental impact studies that look at a wide range of alternatives and their goal is to avoid, minimize and mitigate wetland areas. Every alignment they studied had some wetland impact and it would be impossible to avoid them all, but there are opportunities to enhance them.

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

 4. Action on public hearing:

F.2-Vacation of Lot 85 and Common Area G of the Sunridge Subdivision No. 3 - Ordinance 2010-19
Commissioner Dearden moved to adopt Ordinance 2010-19, vacating Lot 85 and Common Area G of Sunridge Subdivision No. 3 subject to legal counsel’s review prior to it being signed; Commissioner Zogmaister seconded.
Roll Call Vote:
Commissioner Zogmaister aye
Commissioner Dearden aye
Chair Bischoff aye

F.3-Resolution 22-2010 -West Central Weber County General Plan Transportation Plan Element Amendment and Map 3-2
Commissioner Zogmaister moved to adopt Resolution 22-2010, Exhibit A, Proposed Findings of Fact and Conclusions of Law and Exhibit C, the West Central Weber County General Plan Transportation Plan Element Amendment and Map 3-2; Commissioner Dearden seconded.
Roll Call Vote:
Commissioner Zogmaister aye
Commissioner Dearden aye
Chair Bischoff aye

Commissioner Zogmaister noted that the concerns expressed in the public hearing were duly noted and the Commission also wants them addressed. There are years still ahead in this process and as it goes along, she encourages the public to stay involved and engaged in it, and to keep the commissioners informed so these issues are addressed. Chair Bischoff noted that this has been a long process, beginning in 2001.

G. Assign Pledge of Allegiance & Thought of the Day for Tuesday, August 24, 2010, 10 a.m.

H. Public Comments: None

I. Adjourn
Commissioner Dearden moved to adjourn at 6:35 p.m.; Commissioner Zogmaister seconded, all voting aye.

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