Minutes for 2004-05-18, Direct pdf link.
MINUTESOF THE BOARD OF COMMISSIONERS OF WEBER COUNTY
Tuesday, May 18, 2004 - 10:00 a.m.
Commission Chambers, Weber Center, Ogden, Utah
Each Commission meeting is recorded on CD or audio tape, 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: Commissioner Camille T. Cain, Chair, Commissioner Kenneth A. Bischoff, and Commissioner Glen H. Burton.
Others Present: David C. Wilson, Deputy County Attorney; Margarit Nersisian, Clerk/Auditor's Office. Fátima Blackford, Clerk/Auditor's Office, took minutes.
A. Welcome by Chair Cain
B. Pledge of Allegiance was conducted by Shelly Halacy
C. Thought of the Day was offered by Chair Cain
D. Consent Items:
1. Purchase Orders in the amount of $99,251.46
2. Warrants #188295 - #188559 in the amount of $1,654,017.20
3. Minutes of Regular Commission Meeting held on May 11, 2004
4. New Business License Applications
Commissioner Bischoff moved to approve the consent items; Commissioner Burton seconded, all voting aye.
E. Action Items:
1. Appointment of one alternate and one regular member to the Board of Adjustment
Jim Gentry, County Planning Department, referred to copies of two applications before the Commission that had been received for this item. Sue Huckleberry was a former Weber County Planning Commission member and Jeffry Burton was from Ogden Valley. These persons had expressed interest in serving on either the Planning Commission or the Board of Adjustment.
Commissioner Burton moved to appoint Susan J. Huckleberry as a regular member and Jeffry R. Burton as an alternate member to the Board of Adjustment; Commissioner Bischoff seconded, all voting aye.
2. Request to waive penalty and interest on LSN 08-087-0040
Margarit Nersisian, Clerk/Auditor's Office, presented this item. When the Vigorens purchased the property, the legal description had not been correctly written by the title company (which is now out of business) and the major portion of their property had not been included in the recorded deed. The petitioners had thought they were paying taxes for the entire property, however, taxes had not been paid for five years. The petitioners have now paid them and the tax sale fees and asked the county to abate penalties and interest. The county was not in error and the Tax Review Committee recommended not abating penalties and interest.
Commissioner Bischoff moved to deny the request to waive penalty and interest on LSN 08-087-0040; Commissioner Burton seconded, all voting aye.
3. Tax Sale Extension Requests
Margarit Nersisian, Clerk/Auditor's Office, stated there were 10 extension requests, all for primary residences except for three of them–two parcels were part of a business and one was a vacant lot. The Tax Review Committee recommended accepting the extensions except the request by Richard & Sue Williams, which is the vacant lot.
Commissioner Burton moved to accept the tax sale extensions with the exception of Richard and Sue Williams; Commissioner Bischoff seconded, all voting aye.
4. Contract by and between Weber County and Hinckley Dodge to lease non-police vehicles to Weber County- Contract C2004-54
Richard Badger, County Operations Department, stated that the low bidder for this item had been Hinckley Dodge. Under this agreement, prepared by the County Attorney's Office, the county will lease seven vehicles from Hinckley Dodge. Commissioner Burton noted that the Request for Proposal had come in below what the county's costs had been to maintain its own fleet.
Commissioner Bischoff moved to approve Contract C2004-54 by and between Weber County and Hinckley Dodge to lease non-police vehicles to Weber County; Commissioner Burton seconded, all voting aye.
5. Request for final subdivision approval of The Highlands at Wolf Creek Phase 3 at 3875 N. Elk Ridge Trail, including a $271,263.94 financial guarantee to complete improvements
Kevin Hamilton, County Planning Department, showed a plat map of this 10-lot subdivision. The financial guarantee includes the 10% contingency fee. The Planning Commission had unanimously recommended approval.
Commissioner Burton moved to grant final subdivision approval of The Highlands at Wolf Creek Phase 3 at 3875 N. Elk Ridge Trail, including a financial guarantee for $271,263.94 to complete improvements; Commissioner Bischoff seconded, all voting aye.
6. Request for approval of a financial guarantee in the amount of $11,542 to replace asphalt and road base on the parking areas in Lakeside Village Phases 4, 5, and 6
Kevin Hamilton, County Planning Department, showed a plat map of this P.R.U.D. in Ogden Valley. The paving in all the parking lots had failed. Mr. Hamilton noted that the petitioners would have to do a lot of work to rebuild the parking lot, including taking out asphalt and putting in new road base to correct the problem in phases 4, 5, and 6.
Commissioner Bischoff moved to approve a financial guarantee in the amount of $11,542 to replace asphalt and road base on the parking areas in Lakeside Village Phases 4, 5, and 6; Commissioner Burton seconded, all voting aye.
7. Request for approval of a Road Dedication Plat for 2650 North at its intersection with Hwy 162
Kevin Hamilton, County Planning Department, showed a plat map of this area in the Ogden Valley. He explained that there were two strips of ground on either side of 2650 N. in the county's name that had not been dedicated when the road was dedicated. The county examined whether to sell the parcels to the adjoining property owners or to keep it in county ownership and dedicate it as right-of-way because of future potential use. The property has no value to the adjoining property owners. There is a canal that runs through the strip on the south side of the road and the strip on the north is quite small. The nearby Valley Junction Subdivision is a commercial subdivision and it may be prudent to keep that right-of-way to widen the road for the intersection in the future.
Commissioner Burton moved to approve the road dedication plat for 2650 North at its intersection with Hwy 162; Commissioner Bischoff seconded, all voting aye.
8. Request to set June 8, 2004 at 10:00 a.m. for a public hearing on amendments to Conditional Use Permit CUP #10-2001 by Legacy Properties for a Planned Residential Unit Development at approximately 6486 E. Hwy 39
Kevin Hamilton, County Planning Department, showed a plat map and gave an overview of this item. He said the developers had constructed the club house last year and during the construction process had made several changes to the layout. In addition, they were requesting that a 400 sq. ft. area of the clubhouse be used as a sales office for the units of this development only. Mr. Hamilton and Chair Cain said the clubhouse's use had been part of the initial discussions for the property (see minutes, 12/16/2003). David Wilson, Deputy County Attorney, said there had been a difference of opinion at that time: the condo owners felt it was a permitted use and that the condo law superceded the ordinance; county staff had indicated the developers needed to come into compliance; and the commissioners had seemed conducive to working with the developers to make those adjustments. The issues will be handled during this hearing.
Commissioner Bischoff moved to set June 8, 2004 at 10:00 a.m. for a public hearing on amendments to Conditional Use Permit CUP #10-2001 by Legacy Properties for a Planned Residential Unit Development at approximately 6486 E. Hwy 39; Commissioner Burton seconded, all voting aye.
9. Cancellation of May 25, 2004 Commission Meeting
Commissioner Burton moved to cancel the May 25, 2004 Commission Meeting; Commissioner Bischoff seconded, all voting aye.
F. Assign Pledge of Allegiance & Thought of the Day for Tuesday, June 1, 2004 at 10 a.m.
G. Public Comments:
The commissioners addressed Connie Chandler's questions stating that the monthly lease price varied per vehicle, and the law suit relating to the county fleet was in the court system, both for criminal and civil action. Legal counsel explained that the county was seeking restitution from Mr. Miller through the criminal process and was also suing trying to collect on the bond.
H. Adjourn
Commissioner Bischoff moved to adjourn at 10:25 a.m.; Commissioner Burton seconded, all voting aye.
Camille T. Cain, Chair
Weber County Commission
Weber County Clerk/Auditor