Minutes for 2006-02-07, Direct pdf link.

MINUTES
OF THE BOARD OF COMMISSIONERS OF WEBER COUNTY
Tuesday, February 7, 2006 - 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: Craig L. Dearden, Chair, and Camille T. Cain. Kenneth A. Bischoff was
excused.

Others Present: Linda G. Lunceford, Clerk/Auditor; Monette Hurtado, Deputy County Attorney; Fátima
Fernelius, Clerk/Auditor’s Office, took minutes.

A. Welcome - Chair Dearden
B. Pledge of Allegiance - Dan Olsen
C. Thought of the Day - Commissioner Cain

Commissioner Dearden observed that the County Surveyor, Martin Moore, had passed away
Friday, and acknowledged Mr. Moore’s dedication to the county since 1994.

D. Consent Items:
1. Purchase Orders in the amount of $296,371.91
2. Warrants #210017 - #210218 in the amount of $888,078.55
3. Minutes for the meetings held on January 24, 2006 and January 31, 2006
4. New Business Licenses
5. Set public hearing date for February 28, 2006, 10 a.m., regarding a re-zone petition (ZP#01-06)
concerning land located at approximately 3650 North Eagle Ridge Road, known as the proposed
Eagle Ridge Cluster Subdivision Phase 6

Commissioner Cain asked if signs were being posted on properties being considered for rezoning
requesting that this be done along with notification of public hearing times. Kevin Hamilton,
County Planning Department, stated that they had not replaced the old, worn out signs, but had
recently reordered new ones. Monette Hurtado, Deputy County Attorney, stated that apparently
the old signs were on boards that were very heavy for people to move and they were abandoning
their deposits and not returning the signs. They will start using banner signs.
Commissioner Cain moved to approve the consent items, holding the January 24, 2006 minutes;
Chair Dearden seconded, both voting aye.

E. Action Items:

1. Approval of a refund of tax paid due to erroneous assessment: LSN 22-072-0007

Doug Larsen, stated that for a number of years this home had been assessed as having a basement
area but it did not have one. The error occurred in 1988 when the Assessor’s Office was
transcribing data from one assessment system to another. The Tax Review Committee
unanimously recommended refunding for tax years 2001-2004 in the amount of $468.44.
Commissioner Cain moved to approve a refund for tax years 2001-2004 in the amount of $468.44
for taxes paid due to an erroneous assessment on LSN 22-072-0007; Chair Dearden seconded,
both voting aye.

 2. Approval of a refund of tax paid due to erroneous assessment: LSN 11-004-0028

Doug Larsen, County Assessor’s Office, stated that this parcel had been assessed as having 6
acres but the correct total acres was 4.94 acres as verified by the Recorder’s Office.
Commissioner Cain moved to approve a refund for tax years 2001-2004 in the amount of $837.20
for taxes paid due to an erroneous assessment on LSN 11-004-0028; Chair Dearden seconded,
both voting aye.

3. Final approval of Cottonwood Hills Estates 1st Amended-Lots 4 & 5-a lot line
adjustment at 4026 N. 3775 E.

Kevin Hamilton, County Planning Department, stated that this was a simple amendment to adjust
the lot lines between lots 4 and 5. The owner of one of the lots constructed a building that
encroached across the property lines and this action makes it an even trade of property. The
Planning Commission recommended approval of this item under its consent calendar.
Commissioner Cain moved to grant final approval of Cottonwood Hills Estates 1st Amended-Lots
4 & 5-a lot line adjustment at 4026 N. 3775 E.; Chair Dearden seconded, both voting aye.

4. Final approval of Gibson Hill Subdivision a one lot subdivision at 2715 S. 4550 W.

Kevin Hamilton, County Planning Department, stated that in September 2005 the developer of
this subdivision had come before the County Commission asking for a variance from county road
standards and had been granted to have a 50 ft. wide section of road paved onto his property and
the rest of the cul de sac to remain in gravel or road base. These improvements have been
completed and the developer has also allowed for an easement heading west from his property
for a future road. Mr. Hamilton recommended granting approval of this item.
Commissioner Cain moved to grant final approval of Gibson Hill Subdivision a one lot
subdivision at 2715 S. 4550 W.; Chair Dearden seconded, both voting aye.

5. Request by Pleasant View City for Weber County’s support for the Pleasant
View City Business Park

Nevin Limburg, Pleasant View City Manager, asked the county to support a bond issue of its
choice (either sales tax revenue bonding or Municipal Building Authority bonding) for
infrastructure on phase I of this Park because they did not have the financial backup needed.
Pleasant View City (City) was not seeking support for phase II. The City received verbal
notification that they would be receiving a $1.5 million federal grant from the Economic
Development Administration. All but one of the affected property owners were willing to sell
their properties. Negotiations were ongoing with major companies to come into the Park, the
first one and a key project (Steely Dan) was to make its decision by February 22. Chair Dearden
wanted assurance that Weber County would not be liable for any payments, that payments were
to be made by the City. He was willing to give a 30-day period for the City to obtain
commitments by those companies, stating that the county’s support would be conditional upon
the commitments and that it would become a moot point otherwise. At this stage it was only
discussion for the county’s support of their project and there were many unknowns such as the
amount of the bond, the payment amount, the amount of escrow, etc.

Dan Olsen, County Comptroller, asked if the Pleasant View City Council and the Mayor
supported this issue. Mr. Limburg said the Mayor was supportive and had reviewed the figures
again with him this morning and wanted the item to go before the council. The council was
meeting tonight, with a closed session following on redevelopment and with the key project,
Steely Dan, to be thoroughly discussed because the City had to give Steely Dan an answer as to
what steps would be taken regarding one property owner and the issue of infrastructure.
Chair Dearden noted that another option was to be discussed for the proposed park’s property
and he was willing to give the 30-day notice of support to give the City an opportunity to
determine what direction to take. Mr. Limburg noted that this other option was in a very
embryonic stage. Mr. Olsen asked if the City was going to issue a tax increment bond because
the discussion last week had been that proceeds from the sale of land would go towards payment
along with tax increment and any other sources. Commissioner Dearden said that Alan
Westenskow of Zions Bank Public Finance, acting as county financial advisor, had indicated that
there was a way to proceed to ensure the county was a co-signer, but not necessarily the primary
obligor. He stated that the county would not make a decision until certain things occurred, such
as definite commitments by companies to build in the Park. The county would then meet with
the financial advisor on how to proceed.

Commissioner Cain said that this was a much needed project for the county’s economic base and
for the jobs it would bring to the area, and she supported it in theory, given that the facts fell in
line, but there were many details to be worked out. She noted the issue of infrastructure
ownership had been discussed for some time and it was dependent upon different factors. Mr.
Limburg stated that bond counsel had raised the legal issue as to who can own the infrastructure
if the county was the issuer on the bonds, however, the City desired to own, operate and maintain
the infrastructure. Commissioner Cain noted that at a meeting last year it had been discussed
whether the county should be the owner of the infrastructure if it was the issuer of the bonds.
Mr. Limburg said that it could be worked out in an agreement such as that the City would
maintain it while the county owned it and at a certain time it would be turned over to the City.

Ron Kusina, Executive Director of the Weber County Redevelopment Agency, said that
negotiations on the Steely Dan project, which they were very close to concluding, was the key
driver for the first phase. A second project was right behind it, and if they were fortunate to get
both of them, it would change the comfort level in this undertaking. He thanked the Commission
for their support. Commissioner Cain would like legal counsel to answer in the future the
question whether the same bond counsel can represent both entities in this matter.
Commissioner Cain moved to give support to Pleasant View City in their undertakings to move
forward with the Business Park development with the assumption that their decisions would be
made within 30 days, that the county assume a position as co-signer on the bonds, and that Pleasant
View agree to be the prime signatory, the responsible party, on the bond payments; Chair Dearden
seconded, both voting aye.

 

F. Assign Pledge of Allegiance & Thought of the Day for Tues., February 14, 2006, 10 a.m.

G. Public Comments:

Connie Chandler asked for a copy of the ordinance consolidating the offices of Recorder and
Surveyor and the Clerk/Auditor’s Office will provide her with one.

H. Adjourn
Commissioner Cain moved to adjourn at 10:49 a.m.; Commissioner Dearden seconded, both voting
aye.

 

Craig L. Dearden, Chair
Weber County Commission

Linda G. Lunceford, CPO
Weber County Clerk/Auditor