Minutes for 2010-10-26, Direct pdf link.
MINUTES
OF THE BOARD OF COMMISSIONERS OF WEBER COUNTY
Tuesday, October 26, 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: David C. Wilson, Deputy County Attorney; Dan Olsen, County Clerk/Auditor’s Office, Fátima Fernelius, of the Clerk/Auditor’s Office, took minutes.
A. Welcome - Chair Bischoff
B. Pledge of Allegiance - Mike Caldwell
C. Thought of the Day - Chair Bischoff
D. Consent Items:
1. Purchase Orders in the amount of $40,202.60
2. Ratify Warrants #267055 - #267227 in the amount of $2,226,060.95 dated October 19, 2010, less #267180 for $1,182.24 to be voided
3. Warrants #267228-#267492 in the amount of $1,565,985.88, less #2677442 for $102.00 to be voided
4. Minutes for the meeting held on October 12, 2010
5. New business licenses
6. A new beer license
7. Set public hearing for November 23, 2010, 5:30 p.m., to receive input on the county’s proposed 2011 budget
8. Request from the Weber County Sheriff’s Office to donate unclaimed bicycles to charity
9. Set public hearing for November 2, 2010, 10:00 a.m., to consider potential projects for which funding may be applied for under CDBG program for 2011
10. ACH payment to US Bank in the amount of $66,456.45 for purchasing card transactions made through the billing cycle ending October 15, 2010
11. Set public hearing for November16, 2010, 10:00 a.m., on amending the County Zoning Ordinance Chapter 22C (Conditional Uses)
Commissioner Dearden moved to approve the consent items, including the voided warrants, and changing the public hearing for 11/23/10 to 5 pm; Commissioner Zogmaister seconded, all voting aye.
E. Action Items:
1. Contract with UDOT to modify the original contract for the North Ogden Divide Project - Contract C2010-201
Curtis Christensen, County Engineer, stated that this contract would add $150,000 bringing the total project to $793,569. The project was bid out recently, but due to insufficient funds the county approached the State for additional funding. The county has a match portion of 6.67%.
Commissioner Zogmaister moved to approve Contract C2010-201 with UDOT to modify the original contract for the North Ogden Divide Project the consent items; Commissioner Dearden seconded, all voting aye.
2. Contract with Business Depot Ogden to allow truck traffic from BDO to access portions of BDO through the use of Bill Bailey Blvd. - Contract C2010-202
Jennifer Graham, County Recreation Facilities Director, presented this contract renewal. She said that 1200 West is closed to trucks over the 10,000 lb. weight limit and this a good neighbor gesture by the county. BDO helps with snow removal and minor road maintenance.
Commissioner Dearden moved to approve Contract C2010-202 with Business Depot Ogden to allow truck traffic from BDO to access portions of BDO through the use of Bill Bailey Blvd.; Commissioner Zogmaister seconded, all voting aye.
3. Adoption of the 2011 Tentative Budget
Dan Olsen, County Comptroller, gave a brief presentation stating that the public hearing is scheduled for 11/23/2010. The departments submitted a no-growth budget and fewer funding requests than in the past. For the General Fund, the estimated new revenues from property taxes are 1% or $215,000. This revenue growth is based on conservative estimates of new homes and businesses during the year. There were higher retirement contribution rates that cost $278,000 (4.3% increase) due to the Utah Retirement System’s market losses in the prior year.
Commissioner Zogmaister moved to adopt the 2011 tentative budget; Commissioner Dearden seconded, all voting aye.
4. discussion and/or action on request to amend the Edgewater Beach Resort PRUD (CUP 2003-12) by eliminating the garage from Phase 1, reducing the total number of units from 168 to 166 & eliminating the entry monuments/statues & fencing in Phase 1
Sean Wilkinson, of the County Planning Division, presented a request for minor amendments. The P.R.U.D. was approved as a conditional use in 2003. Since that time, the Planning Commission and County Commission have allowed minor amendments to the original approval. The Zoning Ordinance provides that once the overall development plan has been approved by the County Commission, after recommendations by the Planning Commission, changes to the plan or uses must first obtain approval of the Planning an County Commissions.
The first proposed amendment was to eliminate the garage from Phase 1 and this was approved on 12/10/2007 by the County Commission. Now the new owner does not wish to build the garage in the approved location and is requesting its elimination from the approved P.R.U.D. This will leave Phase 1 without covered parking, as originally approved. The second proposed amendment is to reduce the total number of units from 168 to 166. The existing building was originally approved as a 6-plex but was constructed as a 4-plex, thus two units have been permanently lost and this amendment clarifies the total number of units. The third amendment eliminates the entry monuments/statues and decorative fencing in Phase 1. The landscaping and pathway have already been installed with the exception of some monuments and fencing. This is a minor amendment to the landscape plan and does not affect the number of trees, shrubs, etc. The Planning Commission approved this landscaping amendment on 9/28/2010 and is an information item for the County Commission because the Zoning Ordinance does not require the County Commission to approve landscaping amendments. The Planning Commission recently approved all three amendments.
Commissioner Dearden moved to amend the Edgewater Beach Resort P.R.U.D. (CUP 2003-12) by eliminating the garage from Phase 1, reducing the total number of units from 168 to 166 and eliminating the entry monuments/statues and fencing in phase 1; Commissioner Zogmaister seconded, all voting aye.
5. First reading of Fee Ordinance Amendments (
Jennifer Graham, Recreation Facilities Director, said that most of her changes relating to the Golden Spike Center and County Parks were housekeeping or moderate price increases. She responded to Chair Bischoff’s question stating that her department had contacted the closest facilities that they compete with for comparison.
Chad Ferrin, Animal Shelter Director, noted that with the completion of the Animal Shelter expansion this was an opportune time to review these fees because some had not changed in several years. Shelters across the Wasatch Front had been contacted for comparison. This amendment is fairly in line with other shelters’ costs.
Reed Richards, Deputy County Attorney, outlined some animal control changes that needed to be made to the ordinance prior to adoption next week, such as clarifying that the license fees for dogs and cats only apply to contracting cities.
The minimum fees charged to contracting entities for general boarding and handling per animal or litter, disposal and for quarantine may be adjusted by agreement after the Shelter has been in operation for awhile and they have a better idea on the costs. The understanding under the original contract is that the costs will be shared equally by the contracting parties.
Commissioner Zogmaister moved to approve the first reading of the Fee Ordinance amendments; Commissioner Dearden seconded, all voting aye.
6. Final approval of the Nylanderville 1st Amendment Subdivision (2 lots)
Ben Hatfield, County Planning Division, stated that both lots have homes. This subdivision is a reconfiguration of one conforming and one non-conforming lot. The amendment realigns the interior lot lines and increases the area of lot 1 by 0.71 acres and decreases lot 2 accordingly. The vacation of Nylanderville Subdivision occurs in the public hearing following this meeting.
Commissioner Dearden moved to grant final approval of the Nylanderville 1st Amendment Subdivision (2 lots); Commissioner Zogmaister seconded, all voting aye.
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 regarding the vacation of the Nylanderville Subdivision
See item E.6. above. Ben Hatfield, County Planning Division, presented this item. Chair Bischoff invited public comments and none were offered.
3. Public hearing regarding the proposed issuance by the County of its Manufacturing Facility Revenue Bonds, Series 2010 (Great Salt Lake Brine Shrimp Project) in the aggregate principal amount of not to exceed $6,800,000, proceeds of which the County proposes to lend to the Great Salt Lake Brine Shrimp Cooperative, Inc. (the “Borrower”) for the purpose of financing and/or refinancing all or a portion of costs of acquisition, construction, improvement, equipping & furnishing of land & approx. 53,000 square-foot manufacturing facility, to be located at approximately 1750 West 2450 South, Ogden, Utah, to be owned & used by the Borrower as a brine shrimp processing & storage manufacturing facility & related furnishings & equipment
Brad Patterson was not present and Dan Olsen, County Comptroller, stated that the Great Salt Lake Brine Shrimp Cooperative (Cooperative) requested that the county act as a conduit issuer for these bonds. He emphasized that the county lends it name only so that the Cooperative can obtain tax exempt financing. The county is not liable in any way and the bonds are secured by a pledge from the Cooperative. The county has taken similar action for other entities in the past. Chair Bischoff invited public comments and Steve Clarke asked what would happen if this company goes out of business. Mr. Olsen responded that the debt is secured by Zions Bank and the county is in no way liable.
4. Public hearing to consider and/or take action on Zoning Petition #2010-03 by Snowbasin Resort Company to rezone approximately 3,808 acres, at Snowbasin Resort, from Forest Valley-3 (FV-3), Forest-5 (F-5), and Forest-40 (F-40), to the Ogden Valley Destination and Recreation Resort Zone (DRR-1)
Scott Mendoza, of the County Planning Division, stated that about 14 months ago the county had adopted the DRR-1). In May 2010 Snowbasin submitted an application to rezone approximately 3,808 acres located in Weber County. Snowbasin Resort has approximately 12,000 total acres, some in Morgan County–but these minutes will only relate to Weber County. On 8/4/2010 the Ogden Valley Planning Commission held the first of two public meetings and at the end of that meeting, the Planning Commission identified nine items for Snowbasin to address, and the item was tabled until they had received all the information. Snowbasin addressed the nine items and the information was added as Addendum 1 to their rezone application.
The Planning Commission reviewed the information on 9/28/2010 during the second public meeting. After considering the new information and discussing revisions to the conceptual plan for Snowbasin’s proposed Area G, the Planning Commission unanimously voted to recommend approval to the County Commission. County staff also recommends approval.
Mr. Mendoza showed area maps stating that the development spans both sides of Trappers Loop, spanning south from its intersection with Highway 39 and beyond the Weber/Morgan County line. The proposal is to change the Resort’s existing zoning from FV-3, F-5 and F-40 to the DRR-1 Zone. Due to the size of the project the development has been arranged into four planning areas A, B, F and G that would include general resort related uses such as retail and restaurants. These areas make up about 20% of the overall area within the project boundary and are proposed to be built over a 50-year span. The remaining acreage (3,053) is proposed for open space–30% of the project’s adjusted gross acreage is required to be preserved as conservation open space, however, Snowbasin is proposing 40% be so permanently designated. Mr. Mendoza addressed density transfer incentive matching units, density bonus units, etc. Snowbasin is proposing to transfer 521 of 571 total development rights from a 26.32 acre parcel adjacent to Pineview Reservoir and is asking that the county match this transfer at a rate of 2:1 due to the fact they are transferring 90% of the potentially developable units from within a parcel that is between Pineview Reservoir and Highway 158 (high density). The total number of density units potentially available is 2,500. Within the development areas the request is for a total of 2,426 units to include single family homes and multi-family dwellings. The recreation uses include skiing, hiking, horseback riding, and kids camps.
Snowbasin submitted its petition on 5/7/2010 with all supporting materials required by ordinance (i.e., concept development plan, traffic impact analysis, recreation facilities plan, emergency services plan, letter of feasibility from the electrical power provider, proposed density calculation table and thematic renderings). In addition they submitted an infrastructure master plan along with a preliminary geologic hazard evaluation.
Steven Holding expressed thanks to everyone that has worked on this item and introduced Snowbasin’s team that worked on this item.
Becky Zimmerman, President of Design Workshop, stated that the Holdings have committed a lot to Snowbasin and the community and this is to complete the vision to turn Snowbasin into a four season resort while celebrating the natural beauty and protecting large acres of open space, providing economic and environmental sustainability, unparalleled recreation opportunities and to brace the character of Ogden Valley. This is not an application to build but is the start of rezoning the property. Snowbasin had an extensive geographic information system analysis performed and had about 32 digital layers of information on the land and let it dictate where development should/should not go. Other completed studies included a geologic hazard analysis, water and sewer plans, traffic and transportation analysis. Slope was a major criteria for determining development–county code allows development up to a 40% slope but their master plan assumes development will not occur on excess of 20-25% slope. They looked at the county’s Sensitive Lands, Stream Corridors, Wetlands and Shorelines ordinances and incorporated anything relevant into their master plan. About 80% of the land will remain open space.
Ms. Zimmerman outlined a conceptual 50-year master plan for the various areas/neighborhoods that included various informal and formal gathering places that promote the idea of community. She pointed out a current agricultural parcel (about 8 acres) that would become a community park at the intersection of Trappers Loop Road and Highway 39 with a parking lot that would accommodate 80 cars. Snowbasin is trying to reduce traffic, and some of the mixed uses would provide services for Ogden Valley residents and visitors to Snowbasin. They also created a trails master plan to connect to the regional trail system. The county’s maximum density bonus transfers is 60% and Snowbasin’s application is for 80%.
Chair Bischoff invited public comments and following is a summary:
Steve Clarke, representing the Ogden Valley GEM Committee, stated that they were pleased to recommend approval of this rezone proposal for many reasons. He said that Snowbasin had listened very carefully, tried to understand and respond to the Ogden Valley residents. However, the Committee’s recommendation includes that Snowbasin, the county and others work together to bring another option to the table for the real estate transfer fee provision, understanding that the county cannot ask a resort to do this but Snowbasin has volunteered in the past to use this provision, because the modeling that the Committee has done shows this could probably be the most important benefit to the county and the Valley residents for preserving open space and the rural character of the Ogden Valley. He expressed thanks to Snowbasin and their cooperative spirit. Ms. Zimmerman said that what Mr. Clarke had referred to was State Bill 151 passed by the State legislature this year which precludes the opportunity to collect real estate transfer fee revenue and use it for anything outside of the property from which it was collected. Snowbasin and other companies in Ogden Valley are committed to work with others to get that State bill amended. If they are not successful, Snowbasin is still committed to assess a real estate transfer fee on the property of Snowbasin; it is still legally possible to spend those revenues on projects within the property boundary, and they see many opportunities for projects that have tremendous public benefit.
Russ Maughn, stated that his family were neighbors to the Snowbasin property and spoke in support of this rezoning.
5. Commissioner Zogmaister moved to adjourn the public hearings and reconvene the public meeting; Commissioner Dearden seconded, all voting aye.
6. Action on public hearings:
F.2.-Public hearing regarding the vacation of the Nylanderville Subdivision
Commissioner Dearden moved to adopt Ordinance 2010-24 vacating the Nylanderville Subdivision; Commissioner Zogmaister seconded.
Roll Call Vote:
Commissioner Zogmaister aye
Commissioner Dearden aye
Chair Bischoff aye
F.3.-Public hearing regarding the proposed issuance by the County of its Manufacturing Facility Revenue Bonds, Series 2010 (Great Salt Lake Brine Shrimp Project) in the aggregate principal amount of not to exceed $6,800,000, proceeds of which the County proposes to lend to the Great Salt Lake Brine Shrimp Cooperative, Inc. (the “Borrower”) for the purpose of financing and/or refinancing all or a portion of the costs of the acquisition, construction, improvement, equipping and furnishing of land and approximately 53,000 square-foot manufacturing facility, to be located at approximately 1750 West 2450 South, Ogden, Utah, to be owned and used by the Borrower as a brine shrimp processing and storage manufacturing facility and related furnishings and equipment
Dan Olsen, County Comptroller, stated that no action was required at this time on this item.
F.4.-Public hearing to consider and/or take action on Zoning Petition #2010-03 by Snowbasin Resort Company to rezone approximately 3,808 acres, at Snowbasin Resort, from Forest Valley-3 (FV-3), Forest-5 (F-5), and Forest-40 (F-40), to the Ogden Valley Destination and Recreation Resort Zone (DRR-1)
Scott Mendoza, of the County Planning Division, noted that no ordinance had been prepared for this item and asked for direction from the Commission.
Commissioner Zogmaister moved to direct Planning staff to prepare an ordinance regarding the rezone application by Snowbasin; Commissioner Dearden seconded, all voting aye.
G. Assign Pledge of Allegiance & Thought of the Day for Tuesday, November 2, 2010, 10 a.m.
H. Public Comments: None
I. Adjourn
Commissioner Dearden moved to adjourn at 11:55 a.m.; Commissioner Zogmaister seconded, all voting aye.
Kenneth A. Bischoff, Chair
Weber County Commission
Alan D. McEwan, CPA
Weber County Clerk/Auditor