Minutes for 2004-06-22, Direct pdf link.

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 David Wilson
C. Thought of the Day was offered by Commissioner Bischoff

D. Consent Items:
1. Purchase Orders in the amount of $75,286.78
2. Warrants #189411 - #189657 in the amount of $676,668.13
3. Minutes of regular Commission meeting held on June 15, 2004

Commissioner Burton moved to approve the consent items, less warrant #189636 ($5,770.00) which will be voided; Commissioner Bischoff seconded, all voting aye.

E. Action Items:

1. Contract by and between Weber County and AT&T to provide tolled telephone calls for inmates - Contract C2004-75

David Wilson, Deputy County Attorney, stated this was an extension of the AT&T agreement for tolled telephone calls at the Weber County Jail for an additional year and there was no change to the terms. The county receives 38% commission of the gross billable revenue (approximately $150,000, based on current commission/revenue being received).

Commissioner Bischoff moved to approve Contract C2004-75 by and between Weber County and AT&T to provide tolled telephone calls for inmates; Commissioner Burton seconded, all voting aye.

2. Final subdivision approval of Durfee Creek Estates No. 2B (consists of 11 lots), including a financial guarantee in the amount of $222,773.85 for improvements

Kevin Hamilton, County Planning Department, showed an area map stating this was the second to the last phase of this subdivision. This phase is for 11 lots. The Planning Commission unanimously recommended approval of this item. Mr. Hamilton addressed the commissioners' questions. The total build out for this subdivision will be approximately 63 lots. Regarding a second access, Mr. Hamilton said there wasn't one for this phase but the main part of the subdivision had a large loop road that goes through that area. Because there are some areas that are not easily accessible by the Fire District, Chair Cain felt the Planning Department should gain a higher understanding of how the fire department determines the need for additional accesses so that staff can better address the issue when developers come to them. Chair Cain asked if the developer had any comments and he replied that the item had been well covered.

Commissioner Burton moved to grant final subdivision approval of Durfee Creek Estates No. 2B, consisting of 11 lots, including a financial guarantee in the amount of $222,773.85 for improvements; Commissioner Bischoff seconded, all voting aye.

3. Final approval of Monastery Cove Subdivision Phases 2 & 3, including a $114,374.00 financial guarantee for improvements

Kevin Hamilton, County Planning Department, showed an area map, pointing out the current road going into Monastery Cove Subdivision. Phase 2 consists of 4 lots and Phase 3 consists of 7 lots, for a total of 11 lots. Mr. Hamilton requested that this item be approved subject to the Huntsville Town Water Company's requirements for the secondary water connections and to any additional requirements by the County Engineer. The Town of Huntsville has agreed to provide the culinary water for this subdivision but may have some requirements regarding secondary water for irrigation. The developers are currently negotiating how the secondary water will be provided. Mr. Hamilton addressed Chair Cain's question stating that this subdivision was approved prior to the zoning change in 1998.

Commissioner Bischoff moved to grant final approval of Monastery Cove Subdivision Phases 2 & 3, including a financial guarantee in the amount of $114,374.00 for improvements, subject to the final County Engineering review of water issues with Huntsville Town Water Company; Commissioner Burton seconded, all voting aye.

F. Public Hearings:

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

2. Public hearing to add Chapter 40, Ogden Valley Pathways, to the Weber County Zoning Ordinance

Jim Gentry, County Planning Department, stated that the Pathways General Plan for the Ogden Valley (for non-motorized use) had been adopted by Weber County. It had been reviewed and incorporated into this ordinance. The ordinance had been reviewed by County Engineering and by the Pathways Committee and the Planning Commission had unanimously recommended approval.

Because there were areas where the county would have some financial responsibility, Chair Cain suggested clarification language to this ordinance. Additionally, that the county would need to have a plan in place to deal with those requirements (i.e., signage & facilities, bike lanes, storm grates). David Wilson, Deputy County Attorney, asked who would be constructing/funding the tunnels or bridges under/over high traffic roads referred to in the ordinance and Mr. Gentry said it would probably be the developers on a voluntary basis as they did the development of the project.

John Klisch, representing the Ogden Valley Pathways, indicated there were quite a few members present from both the Ogden Valley Pathways and the Weber Pathways. He read the purpose and vision of this Master Plan, which had been a cooperative effort between the Weber Pathways and the National Park Service, initiated about five years ago. There are two categories of pathways: a Valley-wide network and pathways connecting individual neighborhoods to that network and Mr. Klisch outlined where these were located (including in currently existing right-of-ways or easement corridors from willing land owners, in sidewalks within subdivisions). The citizens focus groups had been diversely comprised and there had been a lot of support from the community in formulating the Master Plan and the ordinance, not only from private citizens but also developers. Mr. Klisch addressed Commissioner Burton's question about private property owners wishing not to have a pathway crossing their property referring to the ordinance, Section 40-3(B) that stated "willing land owners" and adding that there were no takings involved in this item. Additionally, Section 40-5, Landowner Relations, covered private property rights. He thanked County Planning staff for being so helpful in this issue. Chair Cain also expressed thanks for all the work on this item. She invited other public comments and none were offered.

 3. Public hearing to add a subsection 3 to Chapter 28, Section 28-14, Non-Conforming Parcels in Areas Subjected to Change in Zoning

Kevin Hamilton, County Planning Department, stated that prior to 1992 State law allowed someone with an existing parcel to divide property twice without doing a subdivision. Mr. Hamilton said that about one year ago changes had been made to the non-conforming building uses and parcels section of the Zoning Ordinance to deal with parcels that had not been legally subdivided. At that time the ordinance was amended to allow property with houses already built on them if the parcel had been created prior to 1992 and met area and frontage requirements. Parcels with homes on them that had been created prior to 1992 that did not meet the standards were allowed to bring them up to standards. Section 28-14(3) had been omitted at that time until the number could be determined of nonconforming parcels (created prior to 1992 that did not have homes on them) that would be affected by the proposed change.

The County GIS Department determined there were approximately 92 lots in the Ogden Valley under 3 acres without a home on them. However, some of these lots would be legal parcels because they had been created in compliance with the State law at that time. David Wilson, Deputy County Attorney, asked if there were any parcels in the lower valley that would be affected by this ordinance and Mr. Hamilton said it would not affect the lower valley, and he added that the ordinance specified that this would only affect areas where there had been a down zoning. Chair Cain invited public comments and none were offered.

4. Public hearing on revisions to Trapper's Ridge Planned Residential Unit Development (P.R.U.D.)

Kevin Hamilton, County Planning Department, stated that this P.R.U.D. had been approved a little over a year ago and the first phase had been constructed. The developers would like to make changes to the layout and to the phasing plan. A loop road was created in the new Phase III to allow better traffic circulation. This in turn allowed for an additional five homes to be constructed in the development. Chair Cain asked if the additional homes affected the density and Mr. Hamilton said that the allowed number of units on this parcel was 161 but the actual subdivision will have 141. Commissioner Burton asked about sewer connections and Mr. Hamilton said that he had been told this morning that a letter from Wolf Creek Water & Sewer would be coming stating that the development was now connected to the sewer system and ready for service. Chair Cain invited public comments and none were offered.

5.Commissioner Burton moved to adjourn the public hearings and reconvene the public meeting; Commissioner Bischoff seconded, all voting aye.

6. Action on public hearings:

F.2. - Add Chapter 40, Ogden Valley Pathways, to the Weber County Zoning Ordinance - Ordinance 2004-15

Mitch Moyes spoke in support of this ordinance. Mr. Moyes asked that the Commission look at this as an economic development issue. He has worked and spoken with leaders in promoting pathways and trails in some of the fastest growing cities in our country. He indicated they all had stated how important trails and pathways are in attracting businesses to their communities.

Commissioner Bischoff moved to adopt Ordinance 2004-15 adding Chapter 40, Ogden Valley Pathways, to the Weber County Zoning Ordinance, with the two changes recommended by Chair Cain; Commissioner Burton seconded.
Roll Call Vote:
Commissioner Bischoff aye
Commissioner Burton aye
Chair Cain aye

F.3. - Add Subsection 3 to Chapter 28, Section 28-14, Non-Conforming Parcels in Areas Subjected to Change in Zoning - Ordinance 2004-16
Commissioner Burton moved to adopt Ordinance 2004-16, amending the Weber County Zoning Ordinance by amending Chapter 28, Nonconforming Buildings, Uses and Parcels; Commissioner Bischoff seconded.
Roll Call Vote:
Commissioner Bischoff aye
Commissioner Burton aye
Chair Cain aye

F.4. - Revisions to Trapper's Ridge Planned Residential Unit Development
Commissioner Bischoff moved to approve the revisions to Trappers Ridge Planned Residential Unit Development; Commissioner Burton seconded, all voting aye.

Chair Cain asked members of the Ogden Valley Pathway organization to work with the County Commission on the issues she had earlier noted would fiscally impact the county. She recommended that a plan be put in place on how to deal with these, outlining which currently existing pathways and trails would be needing signage, etc. Chair Cain reiterated that there would be some follow-up work to implement this properly and asked for the assistance of the Ogden Valley Pathways. She thanked them for their hard work.

G. Assign Pledge of Allegiance & Thought of the Day for Tuesday, June 29, 2004 at 10 a.m.

H. Public Comments:

Ben Toone said there had been a lot of traffic problems on the corner where he lives (5522 E. 2200 N.) with just a 2-way stop, that there had been a tremendous number of wrecks over the years. The problem is with vehicles coming from the west to east colliding with cars going north because the view is obstructed. Mr. Toone asked if there was any way to get a 4-way stop there. Commissioner Burton said that the accidents that the county reviewed were due to running a stop sign east-west and the Commission would ask the Sheriff's Office to do a review of this issue.

I. Adjourn
Commissioner Burton moved to adjourn at 10:48 a.m.; Commissioner Bischoff seconded, all voting aye.

Camille T. Cain, Chair
Weber County Commission

Linda G. Lunceford, CPO
Weber County Clerk/Auditor