Minutes for 2006-05-30, Direct pdf link.
MINUTES
OF THE BOARD OF COMMISSIONERS OF WEBER COUNTY
Tuesday, May 30, 2006 - 2:00 p.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, Camille T. Cain, and Kenneth A. Bischoff.
Others Present: Monette Hurtado, Deputy County Attorney; Margarit Nersisian, Clerk/Auditor’s Office;
Fátima Fernelius, Clerk/Auditor’s Office, took minutes.
A. Welcome - Chair Dearden
B. Pledge of Allegiance - Ernest Rowley
C. Thought of the Day - Chair Dearden
D. Consent Items:
1. Purchase Orders in the amount of $110,946.91
2. Warrants #213630-#213880 in the amount of $1,524,580.29
3. Minutes for the meetings held on May 16 and May 23, 2006
4. Request to approve a Quit Claim Deed to MNKG Hospitality Inc. for Parcel #05-108-0039
acquired through a tax sale by Weber County and recorded June 23, 2005
Monette Hurtado, Deputy County Attorney, addressed Commissioner Cain’s question regarding
item D.4. stating that the county acquired the property (Days Inn) through the county tax sale last
year. Through information from the County Surveyor’s Office, it was determined that the parcel
probably did not exist and may have resulted from an error in the legal description.
Commissioner Cain moved to approve the consent items as presented; Commissioner Bischoff
seconded, all voting aye.
E. Proclamation declaring June as “Relay of Life Month”
The commissioners read and presented this proclamation to Cheryl Cox, representing the
American Cancer Society, whereby the County Commission joins the American Cancer Society
in declaring June as “Relay for Life” month. Ms. Cox expressed appreciation for the
Commission’s support with a proclamation.
F. Action Items:
1. Contract with Utility Cost Management Consultants to determine any
overcharges or rate differentials in an effort to get rebates and reduce future
charges for utilities - Contract C2006-59
Nate Pierce, Operations Director, stated that this entity would conduct an audit of the county’s
utility bills. State law allows collecting rebates from utility companies on overcharges that are
found within a two-year period. The county will share 50% of all refunds or credit adjustments
found by Utility Cost Management Consultants (UCMC) and 50% of all savings resulting from
UCMC’s recommendations that the county enacts. There are no costs to the county. Mr. Pierce
said that legal counsel had suggested adding a “not to exceed” amount in the contract to cover any
situations where a clerical error could cost the county a significant amount, however, UCMC had
assured Mr. Pierce that those were not the types of errors they would hold against the county as
they conducted their audit. He noted that County staff would detect large increases in the bills,
signaling a problem. Commissioner Bischoff asked for language clarification on the contract
regarding contract renewal.
Commissioner Bischoff moved to approve Contract C2006-59 by/between Weber County and
Utility Cost Management Consultants to determine any overcharges or rate differentials to reduce
future utilities charges, with the amendment; Commissioner Cain seconded, all voting aye.
2. Ratify a contract with Utah Hispanic Horse Racing for races held on May 28, 2006
at the Golden Spike Event Center - Contract C2006-60
Jim Harvey, GSEC, asked for ratification of this contract. There had been a scheduling problem,
but the contractor had been very successful at this race and had booked several future races.
Commissioner Cain moved to ratify Contract C2006-60 by/between Weber County and Utah
Hispanic Horse Racing for races held on May 28, 2006 at the Golden Spike Event Center;
Commissioner Bischoff seconded, all voting aye.
3. Contract with WSRA Demo Derby for an event to be held on June 10, 2006 at the
Golden Spike Event Center - Contract C2006-61
Jim Harvey, GSEC, presented this contract stating that the event had been successful in the last
three years that the county had produced it. He addressed the commissioners’ questions stating
that it was the same contract as approved in past years and legal counsel had reviewed it.
Commissioner Bischoff moved to approve Contract C2006-61 by/between Weber County and
WSRA Demo Derby for an event to be held on June 10, 2006 at the Golden Spike Event Center;
Commissioner Cain seconded, all voting aye.
4. Final approval for Cota Subdivision, 1 lot, at approximately 1413 South 4700 West
Sean Wilkinson, County Planning Department, showed an area map and stated that the petitioner
was requesting final approval of this 1-lot subdivision with deferral of curb, gutter and sidewalk.
This subdivision is within the 1.5 mile radius of West Weber Elementary School and Mr.
Wilkinson had spoken with Sue Morgan, routing specialist for the Weber School District. She had
sent him a letter stating that because of safety concerns for the students crossing the railroad tracks,
they bused all students who were south of those tracks, and at this time they did not feel that curb,
gutter and sidewalk were necessary. Currently, there are no students in the area of this subdivision.
On July 12, 2005 the Planning Commission unanimously recommended final approval of this
subdivision with deferral of curb, gutter and sidewalk. In April 2005 the petitioner had been found
to be in violation of the Zoning Ordinance for storing construction equipment, junked vehicles,
etc., however, the violations had been cleared up. Staff recommended approval of this item.
Commissioner Cain moved to grant final approval of Cota Subdivision, 1 lot, located at
approximately 1413 South 4700 West, with deferral for curb, gutter and sidewalk; Commissioner
Bischoff seconded, all voting aye.
5. Ordinance amending the Wolf Creek Master Plan by adding approximately 174
acres with 106 development rights to the Wolf Creek Master Plan and zoning the
property and a small portion of the existing Wolf Creek Property to Residential
Estate RE-15 and Forest Residential FR-3 - Ordinance 2006-15, Zoning Development
Agreement C2006-62
Kevin Hamilton, County Planning Department, showed area maps, including the one sent out with
the Planning Commission hearing notice, and a concept plan for the duplexes.
The County Commission held a public hearing on May 16, 2006 on the request to rezone property
in the Wolf Creek area consisting of about 174 acres that will be added to approximately 4.3 acres
of property that is already a part of Wolf Creek. The rezoning will result in the upper portion of
the property being zoned FR-3 to allow for duplexes and the lower portion being zoned RE-15 for
single family 15,000 square ft. lots. The density for both of these developments will be set by the
Zoning Development Agreement. The area zoned RE-15 will only be allowed 106 single family
units, and the FR-3 zone will be allowed 24 duplexes. The density for the condominium units is
part of Wolf Creek’s overall density–they have about 2,150 total units. This rezoning will not
increase the number of units in the Wolf Creek area. The Planning Commission had recommended
approval of this item.
Chair Dearden stated that the County Commission had received a Notice of Appeal on Application
ZP #03-06 submitted by Wolf Creek Properties. Monette Hurtado, Deputy County Attorney, had
reviewed the notice and written a response to the County Commission. The Notice of Appeal was
appealing the decision of the Planning Commission, however, that body only makes
recommendations. The next issue was of notice, and County Planning staff notifies property
owners within 500 feet of the affected property, which was done in this case on two occasions. The
notification included a map, which covered the entire area proposed for rezone.
Ms. Hurtado stated that of those who filed the appeal, all but one attended either one or both of the
Planning Commission hearings (or that person may not have signed the attendance record) and had
opportunity for input and the benefit of hearing detailed discussion by staff on the entire proposal.
The one person in question appears to be a spouse of someone who did attend. Additionally,
notice of the County Commission’s public hearing was published in the newspaper.
Another issue in the appeal alleged that one of the Planning Commission members was a contract
employee of Wolf Creek. Chair Dearden said this was researched and that person is not an
employee of Wolf Creek Properties but works for a subsidiary that was totally separate. Ms.
Hurtado said that the allegation that was made indicated that this individual works for Liberty
Pipeline and Liberty Pipe has a contract to provide services to Wolf Creek Properties, but, no
substance had been found to support that allegation. The appellants may have been concerned
about a Planning Commissioner that does provide work for one of the water service providers but
he is an employee, not a corporate principal, and it was not Liberty Pipeline as they stated.
Commissioner Cain noted that even if this was so, it was only one vote on the Planning
Commission, which was only advisory to the County Commission, and the final decision is made
by the County Commission. Ms. Hurtado added that the County Commission could give what
weight it deemed appropriate or ignore the Planning Commission’s recommendation and come to
its own factual determination. The County Commission held a public hearing, heard input, and
also had the minutes of the Planning Commission which contained statements by individuals who
attended the hearings.
Chair Dearden stated he revisited this site and had looked at it from statements made at the public
hearing. Most people had expressed opposition to the upper property portion being rezoned, but
were fine with the lower proposed rezoning. Mr. Schickedanz’ and Mr. Curtis’ had indicated that
the rezone would inhibit their views of Pineview Reservoir and Chair Dearden believed their
properties were up high enough that not much of their view would be blocked in either case, except
if someone built a 35 ft. building in the area already zoned RE-15. He said that Mr. Rasmussen’s
property was at the low spot and even if the area proposed for the duplexes was not rezoned, he
would have a view issue with the houses that could be built on the property already zoned for RE-
15. Commissioner Cain stated that the property already zoned for RE-15 would be attached to
Wolf Creek and she reiterated that the proposed rezoning would not increase the overall density;
it was just changing the position of the FR-3 zone. Chair Dearden had met with Mr. Dyer,
Director of Wolf Creek’s Planning & Development, on another issue and they had discussed this
issue somewhat. Wolf Creek had indicated its concern about safety and was willing to work on
the final design. Mr. Dyer, who was present today, concurred.
Commissioner Bischoff moved to adopt Ordinance 2006-15 and approve Zoning Development
Agreement C2006-62 amending the Weber County Zoning Map by rezoning property in the east
half of Section 27, Township 7 North, Range 1 East, Salt Lake Base and Meridian at
approximately 3100 N. Wolf Creek Drive from Residential Estates RE-15 and Open Space O-1
to Residential Estates RE-15 and from Agricultural Valley AV-3, Residential RE-15, and Open
Space O-1 to Forest Residential FR-3 because this rezone was consistent with the Ogden Valley
Master Plan, especially as it related to the recently approved recreation element wherein the efforts
are to increase development around recreation areas, to cluster development, to provide recreation
areas with the ability to expand the recreation possibilities, and it provided an additional circulation
factor to the transportation element, thus affording a more adequate opportunity for provision of
their services, and ensuring safety factors to the community at large; Commissioner Cain seconded.
Roll Call Vote:
Commissioner Cain. . . . . . . . . . . . . . . . . . . . . . . . . .aye
Commissioner Bischoff. . . . . . . . . . . . . . . . . . . . . . . .aye
Chair Dearden. . . . . . . . . . . . . . . . . . . . . . . . . . .aye
6. Contract with William Morris Agency to have “America” perform at the Weber
County Fair on August 10, 2006 - Contract C2006-63
Jan Wilson, Weber County Fair, presented this contract in the amount of $30,000. The county will
pay William Morris a flat rate. Legal counsel had reviewed and made amendments to the contract.
Commissioner Cain moved to approve Contract C2006-63 by/between Weber County and William
Morris Agency to have “America” perform at the Weber County Fair on August 10, 2006;
Commissioner Bischoff seconded, all voting aye.
Cancel Next Week’s Commission Meeting
Commissioner Bischoff moved to cancel next week’s Commission Meeting; Commissioner Cain
seconded, all voting aye.
G. Assign Pledge of Allegiance & Thought of the Day for Tuesday, June 13, 2006, 10 a.m.
H. Public Comments: None
I. Adjourn
Commissioner Bischoff moved to adjourn at 2:50 p.m.; Commissioner Cain seconded, all voting aye.
Craig L. Dearden, Chair
Weber County Commission
Linda G. Lunceford, CPO
Weber County Clerk/Auditor