Minutes for 2002-03-05, Direct pdf link.
Tuesday, March 5, 2002 - 2:00 p.m.
Commission Chambers, Weber Center, Ogden, Utah
Each Commission meeting is recorded on CD, which is available to the public through the County Clerk's Office.
| 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 Present: Chair Glen H. Burton and Commissioner Kenneth A. Bischoff. Commissioner Camille T. Cain was excused.
Others Present: David C. Wilson, Deputy County Attorney, Alan McEwan, Comptroller. Fátima Blackford, Administrative Assistant, Clerk/Auditor's Office, took minutes.
A. Welcome by Chair Burton.
B. Pledge of Allegiance was conducted by Patty Burton.
C. Thought of the Day was offered by Commissioner Bischoff.
D. Consent Items
1. Purchase Orders in the amount of $416,794.96.
2. Warrants #159658 - #159908 in the amount of $1,123,510.64.
3. Minutes of meeting held on February 26, 2002.
4. Request by the Weber County Correctional Facility to surplus property.
5. Request by the Golden Spike Event Center to surplus a 1984 Dodge D-50 Ram truck.
- Commissioner Bischoff moved to approve the consent items, less the minutes; Chair Burton seconded, both voting aye.
E. Non-Action Items - None.
F. Action Items
1. Set Public Hearing Date of March 26, 2002, 2:00 p.m. for an Amendment to Zoning Ordinance,
Chapter 29, Board of Adjustment, to Meet Fire District Standards, Clarify Language Consistent
with State Statutes, and to Clarify the Notification of Decision Process
Craig Barker, County Planning Department Director, requested to set the public hearing and gave a
brief overview of this item. He stated that all seven Township Planning Commissions had
unanimously recommended approval of the amendments.
- Commissioner Bischoff moved to set a public hearing for March 26, 2002, 2 p.m., regarding amending the Weber County Zoning Ordinance, Chapter 29, Board of Adjustment, to meet Fire District standards, clarify language consistent with State statutes, and to clarify the notification of decision process; Chair Burton seconded, both voting aye.
4. Agreement with Jones & Associates Consulting Engineer for Professional Services Relating to
Weber County's Water Infrastructure Master Plan - Contract C2002-26
This item was handled at this time. Dr. George Burbidge, County Storm Water Management, briefly
gave an overview of this item. He stated it was the culmination of a process that spanned about one
year and had been accomplished with the assistance of David Wilson, Deputy County Attorney. Chair
Burton explained that this contract would allow the completion of the county's general water
infrastructure master plan, which is a necessary requirement in order for the county to apply for federal
grant assistance for water projects. Jones and Associates (acting as the prime consultant) will be
responsible for all work, and together with Gardner Engineering and Hansen, Allen and Luce (acting
as sub-consultants) will provide engineering, planning, and surveying services related to this master
plan.
- Commissioner Bischoff moved to approve Contract C2002-26 between Weber County and Jones & Associates Consulting Engineer for professional services relating to Weber County's Water Infrastructure Master Plan; Chair Burton seconded, both voting aye.
5. Notice of Award on the Ogden City-Weber County Recycling Project & Direction to County
Staff to Prepare a Contract with BERMCO
Gary Laird, County Operations Director, gave a general overview of the recycling project underway.
He stated that the county is trying to establish a recycling program at the Weber County Transfer
Station in conjunction with Ogden City. Mr. Laird indicated that the city was in the process of
implementing a mandatory recycling program in Ogden City. It was determined that it would be more
beneficial if the county operates that facility and offers the same opportunity to other communities that
wish to recycle. Ogden City's commitment is to build the recycling structure. Requests for Proposals
(RFPs) were sent out for a third party to manage the recycling. Three bids were received and a contract
with BERMCO, the low bidder, will follow. Mr. Laird said that BERMCO was offering to do the
recycling for the ability to sell the recycled product. The others were charging either 1) a flat tonnage
fee or 2) an upfront tonnage fee of $85/ton and they would then share the profit from selling the
recycled product.
- Commissioner Bischoff moved to grant Notice to Award to BERMCO on the Ogden City-Weber County recycling project and direction to County staff to prepare a contract with BERMCO; Chair Burton seconded, both voting aye.
6. Agreement with the Land of OG, L.L.C., Relating to Parking and a Sub-Lease of Space Within
the Weber Center - Contract C2002-27
Gary Laird, County Operations Director, explained that the Land of Og (Woodbury), a limited liability
company under the Woodbury Corporation, is a part owner of the Weber Center Condominium
Association, of which the Municipal Building Authority of Weber County (MBA) is also part owner.
Woodbury desires to lease part of the County space in the Weber Center for sublease to a tenant for
general office purposes, together with common use of parking areas. Mr. Laird stated that Woodbury
has a lease with Ogden City for the upper parking lot (former Ogden Standard parking) and has agreed
to put this space into the common space of the Weber Center as an attachment to this agreement. He
said that this agreement also formalizes the agreement with the MBA to lease approximately 2,019
square ft. in the basement to Woodbury (from 8/18/2001-8/17/2011). This square footage was
previously used by Weber County for its archives space. David Wilson, Deputy County Attorney,
clarified that the tenant is leasing this square footage at $6/sq. ft. for unfinished space and the MBA
is to be reimbursed for all for the remodeling it performed on the former archives space, and also to
pay the associated maintenance cost of the space.
- Commissioner Bischoff moved to approve Contract C2002-27, Lease Agreement made and entered by and between the Municipal Building Authority of Weber County and the Land of Og, L.L.C., relating to parking and a sub-lease of space within the Weber Center; Chair Burton seconded, both voting aye.
7. Resolution Approving an Interlocal Agreement with Ogden City for a Recycling Facility
This item was held.
8. Request for Final Approval of Browns Subdivision, 3 Lots, at 5242 East 2500 North
Jim Gentry, County Planning Department, showed an area map of this 3 lot subdivision located in the
Ogden Valley. The lots range from 3 to 14 acres. He stated that this property was identified on the
sheet flow map as having an area that experienced this problem. To mitigate it, the petitioner will
construct a 24-inch high X 8 ft. wide base berm across the back of the lots. Mr. Gentry said that the
Planning Commission had recommended approval. He addressed the commissioners questions.
- Commissioner Bischoff moved to grant final approval of Browns Subdivision, 3 lots, located at 5242 E. 2500 N.; Chair Burton seconded, both voting aye.
2. Contract with Morgan Valley Weekly/Doug Johnston, for a "Julie de Azevedo" Concert to be
Held Friday, March 29, 2002 at the Golden Spike Event Center - Contract C2002-28
Jim Harvey, Golden Spike Events Center, gave a brief overview of this standard contract.
- Commissioner Bischoff moved to approve Contract C2002-28 with Morgan Valley Weekly/Doug Johnston for a "Julie de Azevedo" concert to be held Friday, March 29, 2002 at the Golden Spike Events Center; Chair Burton seconded, both voting aye.
3. Contract with the Utah Indoor Football League/Mr. Michael Curran, for a Championship Game
to be Held Saturday, March 23, 2002 at the Golden Spike Event Center - Contract C2002-29
Jim Harvey, Golden Spike Events Center, gave a brief overview of this standard contract. The lessee
will provide event safety and security and insurance coverage as outlined in the contract.
- Commissioner Bischoff moved to approve Contract C2002-29 between Weber County and the Utah Indoor Football League/Michael Curran for a championship game to be held March 23, 2002 at the Golden Spike Events Center; Chair Burton seconded, both voting aye.
G. Public Hearings
- 1. Commissioner Bischoff moved to adjourn the public meeting and convene the public hearings; Chair Burton seconded, both voting aye.
2. Public Hearing to Amend Subdivision Ordinance, Chapter 1, by Clarifying the General
Provisions for Submitting Preliminary & Final Plats
Jim Gentry, County Planning Department, gave an overview of this item stating that the amendment
is to clarify some of the time limitations for submitting preliminary and final plats, requiring additional
surveying requisites, adding definitions (i.e., building parcel designation, lot line adjustment),
clarifying where addresses need to be placed for flag lots, etc. Mr. Gentry stated that all seven
Planning Commissions unanimously recommended approval. Chair Burton invited public comments
and none were offered.
- 3. Public Hearing to Amend Subdivision Ordinance, Chapter 4, by Clarifying the Improvements Required, Guarantee & Inspections of Subdivision Improvements
Jim Gentry, County Planning Department, gave an overview of this proposed amendment. Mr. Gentry indicated that one of the items being clarified on the guarantee is the deletion of the word "bonds." The county will only accept a letter of credit or an escrow from a Utah company. All improvements will be required to be completed prior to construction of dwellings in subdivisions, with the exception of the asphalt, before a building permit will be issued. Problems occurred in the past because no water, sewer, etc. were hooked up for up to a couple of months after residents moved in. This amendment is consistent with most building regulations for other municipalities. Craig Barker, County Planning Department Director, stated that his department had contacted a number of counties and cities and that all but one followed this procedure. Chair Burton pointed out that this would protect the buyer. Additionally, it helps to keep the focus of the developer in line with putting in improvements in a timely manner. Commissioner Bischoff asked if a developer would have to put in all the improvements if he was only going to build one house and Mr. Gentry responded that development could be accomplished in phases.
Another proposed amendment relates to the fire hydrant fee and discussion ensued regarding a fairness issue. In the past, the county was collecting a fee (based upon frontage) for subdivisions consisting of fewer than five lots, however, the new Fire Marshall said that this was no longer acceptable because of new Fire District regulations. Previously, a fire hydrant was not put in until all the money had been collected. Mr. Barker indicated the new Fire Marshall wants the fire hydrant to be put in when the first house is constructed. Chair Burton agreed that the first builder could pay upfront for the hydrant but expressed concern that there is no provision for the first developer to recover the subsequent developers' portion for it. Mr. Barker said that if this latter procedure is instated, that the Fire District should track and collect that money. Mr. Gentry said that every subdivision would now go for review at the Fire District for fire protection and the District in turn would send a letter to the county regarding compliance. David Wilson, Deputy County Attorney, suggested inviting the Fire Marshall to a meeting to discuss this further. It was discussed that this item be tabled until further conversations are held with the Fire District to see if fee recovery provisions can be drawn up for the person who pays the cost upfront. Chair Burton invited public comments and none were offered.
- 4. Commissioner Bischoff moved to adjourn the public hearings and reconvene the public meeting; Chair Burton seconded, both voting aye.
5. Action on Public Hearings
G2 - Ordinance Amending the Subdivision Ordinance, Chapter 1, General Provisions, Filing of Preliminary & Final Subdivision Plans - Ordinance 2002-3
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Commissioner moved to adopt Ordinance 2002-3, an Ordinance of Weber County amending the Subdivision Ordinance, Chapter 1, General Provisions for Filing Preliminary and Final Subdivision Plans; Chair Burton seconded.
Roll Call Vote
Commission Bischoff aye
Chair Burton aye
G3 - Amending Subdivision Ordinance, Chapter 4, Subdivision Improvements Required
- Commissioner Bischoff moved to table this item until further conversations are held with the Fire District; Chair Burton seconded, both voting aye.
H. Assign the Pledge of Allegiance & Thought of the Day for Tuesday, March 12, 2002 at 4:30 p.m.
I. Public Comments
There were none.
J. Adjourn
- Commissioner Bischoff moved to adjourn; Chair Burton seconded, both voting aye.
GLEN H. BURTON, CHAIR
LINDA G. LUNCEFORD, CPO
WEBER COUNTY COMMISSION
WEBER COUNTY CLERK/AUDITOR