Minutes for 2010-11-09, Direct pdf link.
MINUTES
OF THE BOARD OF COMMISSIONERS OF WEBER COUNTY
Tuesday, November 9, 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; 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 Zogmaister
D. Presentation of the Golden Seal of Service Award
Chair Bischoff read the nomination submitted for Shirley Jensen of the County Commission’s Office. He presented Ms. Jensen with a plaque, a Seal of Service pin, and $100 for her excellent work in the county and she expressed thanks.
Presentation of the Commissioner Cup Charity Golf Tournament to the designated charities - Enable Industries and Snowbasin Adaptive Sports Education Foundation
Chair Bischoff presented a $6,000 check each to Enable Industries and Snowbasin Adaptive Sports Education Foundation, and they gave an overview of the organizations and thanked the Commission.
E. Consent Items:
1. Purchase Orders in the amount of $140,765.79
2. Warrants #267710-#267931 in the amount $1,013,267.81
3. Minutes for the meetings held on October 26, 2010 and November 2, 2010
Commissioner Dearden moved to approve the consent items; Commissioner Zogmaister seconded, all voting aye.
F. Action Items:
1. Discussion/action on a request for a variance to the County Subdivision Ordinance to allow an additional one year time extension of final approval for Trappers Crossing Cluster Subdivision
Sean Wilkinson, of the County Planning Division, stated that the Ogden Valley Planning Commission initially recommended final approval on 10/23/2007, on 10/2008 the subdivision received a 1-year time extension that was allowed under the Subdivision Ordinance, and in 10/2009 it received another 1-year extension based on ongoing litigation that had held up the ability to record it. The latter extension expired on 10/23/2010. The applicant has requested an additional 1-year extension.
Mr. Wilkinson read from the Subdivision Ordinance which states that the County Commission may vary the standards where exceptional conditions exist after a recommendation from the Planning Commission. The applicant feels that there are exceptional conditions based on the litigation, which still has not been resolved.
The County Commission approved a road dedication plat on 9/21/2010 that has confused this issue somewhat–that road dedication plat was required to be signed by the adjacent property owner who has brought on the litigation which involves the location of the Old Trappers Loop right-of-way. The developer of the Trappers Crossing Cluster Subdivision obtained the signature of the property owner who brought on the litigation. Based on that signature on the road dedication plats, it was decided that the county would allow those to be recorded and that would remove the barrier to recording the actual subdivision plat for Trappers Crossing. Mr. Wilkinson stated that Monette Hurtado, Deputy County Attorney, and the developer desired to speak to this issue. He noted that there was some confusion between the two sides. The Weber County Planning Division reviewed this extension request and has determined there are exceptional conditions due to the litigation that is still pending and the limited time that would be left for the developer to record this subdivision. In making this recommendation, the Planning Division took into account the progress that the developer has made in installing the subdivision’s improvements. The subdivisions that have expired over the last two years due to the bad economy have not had any improvements-they have essentially been let go and banks have taken them over. This subdivision is different because the developer has installed most of the improvements–roads, curb, water tank, piping for sewer and water, etc. The work has already been done, and if it expires, the developer would have to start all over–reapply and go through this process only to get to the point where we are at currently, whereas a 1-year extension would allow him to finish and record the subdivision. The Planning Division believes this development can be finished with a 1-year extension.
At the 9/28/2010 Planning Commission meeting Ms. Hurtado questioned whether the 1-year extension should be granted and her comments had been focused on the date of the required signature on the road dedication plat. She felt that because the signature was actually obtained in 2009, the previous extension granted in 10/2009 should have been sufficient for the developer to complete and record the subdivision. Her recommendation to the Planning Commission had been that perhaps an extension to the end of the year would be appropriate based on the amount of time it took the county to actually review the road dedication plat and approve it. The Planning Commission recommended to the County Commission an extension to 12/31/2010 by a 6 to 1 vote. Commissioner Dearden asked how many 1-year extensions can a subdivision receive and Mr. Wilkinson responded that the ordinance allows one extension of final approval but then the developer can request as many as he wants based upon the variance language in the Subdivision Ordinance.
Monette Hurtado, Deputy County Attorney, noted that the county has been involved in litigation on this issue, named as a party by Chris Peterson, who also named PC Land Development as a party to the lawsuit. Her concern is that the developer had the signature from the plaintiff, Mr. Peterson, in 6/2009, even when they requested their extension in 10/2009 and did not bring that fact to the county’s attention. As a result of not bringing that to the county’s attention, the county expended much tax payer money and an additional year, having to respond and continue the litigation with PC Land Development on the county’s behalf against Mr. Peterson. Had the county known that he had already signed the road dedication plat, it would have done a motion to dismiss the civil case which is before the District Court and this case could have been done a long time ago. Ms. Hurtado believed that the developer would have been in the same position a year ago had he given the county that information. The developer has completed all the major requirements and the remaining ones are minor, such as CC&Rs.
Paul Laughton, the developer, stated that regarding Ms. Hurtado’s comments there had been some confusion and that it was irrelevant as to when the signatures were on the road dedication plat. He had taken that signed plat to Ernest Rowley, County Recorder, on 6/2/2009, and he had taken it to Ms. Hurtado’s Office. Two weeks later Mr. Laughton received a telephone call from Mr. Rowley stating he had been advised by Ms. Hurtado not to record anything until litigation was complete. Ms. Hurtado had the plat on 6/2 and it wasn’t until 8/10/2010 when he was meeting with his attorney, Dana Farmer and left messages for Ms. Hurtado and Mr. Rowley, that they heard from Ms. Hurtado that the plat could now be recorded, which they did in September. If that process had started in June, he may have had ample time. He is about 80% done with the project, is in good financial standing and anticipates completing the project, and the 1-year extension would allow him to complete all the construction and prepare the agreements. Commissioner Dearden noted that Mr. Laughton had the signatures on the plat for about one year and that if Ms. Hurtado had known that she would have been able to take a different avenue to resolve this in 2009. Mr. Laughton said that he had been under the impression that he could not record until litigation was complete. He had letters and emails from the county and read one dated 10/1/2008 from the County Surveyor’s Office that said “This office’s understanding is there is still a pending legal issue between PC Land Development and the Chris Peterson property, which also named the county... acceptance of this subdivision by the Office will be given once these legal issues have been resolved.” The reason for the extension last year was not at Mr. Laughton’s request but by county legal counsel because of the pending lawsuit. Chair Bischoff asked if he could accomplish what he needed to by 12/31/2010 and Mr. Laughton said that he could not, additionally, the Subdivision Ordinance requires a developer for unfinished construction to escrow funds and he preferred not to do that. Mr. Wilkinson noted that an escrow for the 10% contingency will be needed.
Dana Farmer, Attorney for Mr. Laughton, said that the lawsuit was filed by Chris Peterson, who named PC Land Development/his client, and the county as co-defendants. The dispute is whether the county has had a dedicated road since the late 1800's where the property goes up to his client’s subdivision over Old Trappers Loop Road.
Mr. Farmer said that throughout his client’s application for the subdivision the county’s position has been that an 1885 order from the County Probate Court created a dedicated roadway there. His client put in the road with the understanding that he was improving an existing county road up to the south boundary of his property. Now Judge Lyon has disagreed with that order, concluding that the court of 1885 court did not have authority to dedicate a roadway. The county filed a motion for reconsideration (after 6/2010), but even that motion does not involve this plat. Mr. Farmer had filed a motion to dismiss PC Land out of the lawsuit and Judge Dutson dismissed them from the lawsuit on 5/2009, conditional upon PC Land completing this subdivision approval. That order also authorized Chris Peterson to sign the dedication plat and reserve his claims against the county. Thus the county has known since 5/2009 that Mr. Peterson was authorized to sign the dedication plat. That order was passed around to the parties before and after its signing. They have not tried to hold anything from the county and had not recognized this item until they were discussing it with Attorney Mel Smith on 8/2009. Commissioner Dearden felt that it would have been helpful for them to have notified the county once Mr. Peterson had actually signed the plat because it had been done for 12 months prior to the county’s knowledge. Mr. Farmer said that they were not aware the county would want to use that information relating to the lawsuit in 2009, but had in fact been told in 2010 they could not record. David Wilson, Deputy County Attorney, noted that this should have been resolved 15+ months ago, as soon as the county would have been informed of the signing because that information would have made the lawsuit moot.
Mr. Laughton addressed Commissioner Dearden’s question stating that he is about 80% complete and outlined what he still needed to do for project completion. The items for county review included CC&Rs, Subdivision Agreement, Sewer Agreement, etc., but the larger part is the construction, and should be done late Summer 2011. Commissioner Zogmaister asked if he was talking about not enough time to complete the project or not enough money to complete between now and December. Mr. Laughton responded that it was a bit of both. She asked Mr. Wilkinson if he believed there was enough time for the county’s approvals by December and he replied that 1½ months was not sufficient. Commissioner Zogmaister noted that the county desires developers to continue their developments.
Commissioner Dearden moved to extend the final approval to 6/30/2011 for Trappers Crossing Cluster Subdivision; Commissioner Zogmaister seconded. Commissioner Dearden said that it would not make any sense for the developer to start all over and considered whether that amount of time was sufficient. Mr. Laughton recognized there had been some misunderstanding, and that he would prefer to get one year to finish everything. Commissioner Dearden amended his motion to extend it to October 23, 2011, approving the variance to the County Subdivision Ordinance to allow an additional one year time extension of final approval for Trappers Crossing Cluster Subdivision; Commissioner Zogmaister seconded, all voting aye.
2. Request from Ogden/Weber Convention & Visitors Bureau for approval of the 2011 Marketing Plan
This item was held.
3. Contract with the Utah Department of Transportation that allows Weber County to rent paint striping equipment from UDOT for striping roadways in Weber County and also allows UDOT to rent certain equipment from Weber County to assist in pipe placement in various locations within Weber County - Contract C2010-206
Nate Pierce, County Operations Department Director, noted that for a number of years the County Roads Department and UDOT had done what this contract formalizes. UDOT will rent to the county a striping machine when needed with attending equipment and crew and the county will rent to UDOT various pieces of equipment for some piping requirements that they have from time to time. The cost schedules are attached to the contract.
Commissioner Zogmaister moved to approve Contract C2010-206 with the Utah Department of Transportation that allows Weber County to rent paint striping equipment from UDOT for striping roadways in Weber County and also allows UDOT to rent certain equipment from Weber County to assist in pipe placement in various locations within Weber County; Commissioner Dearden seconded, all voting aye.
4. Contract with Union Pacific Railroad for a Real Estate Purchase Agreement that has been jointly negotiated by Weber County Pathways and Weber County. This contract will further facilitate the development of the pathways/trail system within Weber County - Contract C2010-207
Nate Pierce, County Operations Department Director, stated that this was a letter agreement for acquisition of a 2-acre parcel located in Uintah (north of the railroad tracks, just south of Washington Heights Church) for the further development of the trail system. The money for this purchase and the required surveying, etc., will be paid completely by Weber Pathways. The total cost of the project is $37,500 and the purchase price is $31,000, with $19,000 coming from Weber Pathways and the remaining from a grant from the State of Utah. Weber County will be the deed holder of the property and is a full partner in the development of this portion of the trail. Jeff Ellis, representing Weber Pathways, addressed Commissioner Dearden’s questions stating that once the agreement is signed, they have until 2/1/2011 to deliver the quit claim deed from the railroad and the 90-day period to install the fence begins after that. The county may enter the property to do soil testing to ensure there are no environmental hazards.
Commissioner Dearden moved to approve Contract C2010-207 with Union Pacific Railroad for a Real Estate Purchase Agreement that has been jointly negotiated by Weber County Pathways and Weber County; Commissioner Zogmaister seconded, all voting aye.
G. Assign Pledge of Allegiance & Thought of the Day for Tuesday, November 16, 2010, 10 a.m.
H. Public Comments:
Dave Nielsen, of Eden, who is involved with the planning/development of La Plata Ranch, mostly located in Cache County, said that the road there has to be repaired every year and up until the last severe rain storm the road was passable. The last storm dumped a lot of rain and washed out the road leaving severe damage. He said the time has come for the county to actually correct the drainage problems that cause the road to continually be washed out, and he offered to help. Chair Bischoff noted that the County Engineer was present and would check on this.
I. Adjourn
Commissioner Dearden moved to adjourn; Commissioner Zogmaister seconded, all voting aye.
Kenneth A. Bischoff, Chair
Weber County Commission
Alan D. McEwan, CPA
Weber County Clerk/Auditor