Minutes for 2006-08-01, Direct pdf link.

MINUTES OF THE BOARD OF COMMISSIONERS OF WEBER COUNTY
Tuesday, August 1, 2006 - 2:30 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: Linda G. Lunceford, Clerk/Auditor; David Wilson, Deputy County Attorney; Fátima
Fernelius, Clerk/Auditor’s Office, took minutes.

A. Welcome - Chair Dearden
B. Pledge of Allegiance - David Wilson
C. Thought of the Day - Commissioner Bischoff

D. Consent Items:
1. Purchase Orders in the amount of $215,622.28
2. Request for approval of Warrants #215882 - #216099 in the amount of $621,740.77
3. Minutes for meeting held on July 25, 2006
4. Approval of New Business License Applications
5. Request to cancel the Regular Commission Meeting for August 8, 2006
Commissioner Bischoff moved to approve the consent items; Commissioner Cain seconded, all
voting aye.

E. Action Items:

1. Amendments to Weber County Travel Policy 9

Dan Olsen, County Comptroller, noted that most of these amendments were clarifications. These
included that elected officials did not need a pre-travel authorization form, the mileage for
personal travel was not reimbursable, the mileage reimbursement to the airport was calculated
from the Weber Center to the airport, up-front mileage advances for travel were not authorized,
per diem had increased for premium cities, and the types of reimbursable meals for the single day
traveler were clarified. Mr. Olsen clarified the commissioners’ questions. Chair Dearden asked
if these amendments had been reviewed by the department heads and they had not.
Commissioner Cain moved to approve the first reading of the amendments to Weber County
Travel Policy 9 with the request that these amendments be submitted at Department Head meeting
tomorrow and that input be given within the next two weeks for the next Commission meeting;
Commissioner Bischoff seconded, all voting aye.

 

2. Contract with URS Corporation for engineering services on the North Ogden
Divide Project - Contract C2006-123

See item E.7. Curtis Christensen, County Engineer, stated that this item should have followed
item E.7. See also item E.8. There are no additional county matching funds for this item.
Commissioner Bischoff moved to approve Contract C2006-123 by and between Weber County
and URS Corporation for engineering services on the North Ogden Divide Project; Commissioner
Cain seconded, all voting aye.

 

3. New appointment to the Ogden Valley Township Planning Commission

This item was held.

4. Final approval of the Cottonwood Flats Subdivision, First Amendment, located
at approximately 3750 North & 3900 West

Scott Mendoza, County Planning Department, presented this item stating that the subdivision
would consist of two lots. The petitioner will add about 3 acres to an existing 40,000 sq. ft. lot
that was part of a previously dedicated subdivision in December 1993 and will also add an
additional lot of about the same size to this amended subdivision. The petitioner had requested
deferral of curb, gutter, and sidewalk. There is no school within 1½ mile radius. The Lower
Valley Planning Commission unanimously recommended approval.
Commissioner Cain moved to grant final approval of the Cottonwood Flats Subdivision, First
Amendment, located at approximately 3750 North & 3900 West, with deferral of curb, gutter and
sidewalk; Commissioner Bischoff seconded, all voting aye.

 

5. Two new appointments to the Plain City Cemetery Board

Chair Dearden stated that two applications had been received.
Commissioner Bischoff moved to appoint Clark A. Jenkins and Brent White to the Plain City
Cemetery Board; Commissioner Cain seconded, all voting aye.

6. New appointment to the Ben Lomand Cemetery Board

Chair Dearden noted that this Board divides the area into three sections for
representation–Pleasant View, northern North Ogden and southern North Ogden–and the Board
was looking for a representative for the southern part of North Ogden. The commissioners
personally know and expressed confidence in Bruce Thorpe for this position. Leonard Call,
Weber County Information Technology (I.T.) Department Director, is currently the representative
for Pleasant View, and is also Mr. Thorpe’s boss in the I.T. Department. Chair Dearden asked Mr.
Call if it would be an issue in the event Mr. Thorpe disagreed with him in a board meeting. Mr.
Call responded there would be no problem and referred to a similar situation where he served with
another employee from his department.
Commissioner Cain moved to appoint Bruce Thorpe to the Ben Lomand Cemetery Board;
Commissioner Bischoff seconded, all voting aye.


7. Contract with Utah Department of Transportation for the North Ogden Divide
Project - Contract C2006-124

See items E.2. Curtis Christensen, County Engineer, stated that this contract was in the amount
of $214,180, which UDOT had provided for additional work on the North Ogden Divide and was
basically for work in the Chicken Creek area. The engineering contract in item E.2. with URS will
be paid out of this $214,180. This amount is expected to cover the entire cost of the engineering
for the project. The total amount URS will be paid out of this amount is $11,564.32 and there is
no cost to the county. URS will provide insurance for their work. The county’s match portion is
about $14,500. Mr. Christensen addressed the commissioners’ questions. The funds for item E.8
come from a different pool of money although they are for the same project.
Commissioner Cain moved to approve Contract C2006-124 by and between Weber County and
Utah Department of Transportation for the North Ogden Divide Project in the amount of $14,500,
the county’s match portion; Commissioner Bischoff seconded, all voting aye.

 

8. Modification of an agreement with Utah Department of Transportation for the
existing North Ogden Divide Contract - Contract C2006-125

See items E.2 and E.7. Curtis Christensen, County Engineer, stated that this contract was for the
same project described above but the funds came from a different pool. These are federal funds
and the county has a 6.77% match in the amount of about $48,094. This contract is to finalize the
construction and engineering contract started about two years ago.
Commissioner Cain moved to approve Contract C2006-125, modification of an agreement by and
between Weber County and Utah Department of Transportation for the existing North Ogden
Divide Contract; Commissioner Bischoff seconded, all voting aye.

 

F. Motion to close public meeting to discuss strategy relating to pending or imminent
litigation
Commissioner Cain moved to adjourn the public meeting and convene a closed executive session
to discuss strategy relating to pending or imminent litigation; Commissioner Bischoff seconded.
Roll Call Vote:
Commissioner Cain. . . . . . . . . . . . . . . . . . . . . . . . . .aye
Commissioner Bischoff. . . . . . . . . . . . . . . . . . . . . . . .aye
Chair Dearden. . . . . . . . . . . . . . . . . . . . . . . . . . .aye


There was no action taken on the executive session.

G. Public Hearings Will Convene At 6:00 P.M.

1. Motion to adjourn public meeting and convene public hearings
Commissioner Cain moved to recess the public meeting until 6 p.m. to convene the public
hearings; Commissioner Bischoff seconded, all voting aye.

2. Public hearing on the proposed Weber County Capital Facilities Plan and Impact
Fee Analysis

Christine Richman, Wikstrom Economic & Planning Consultants, presented the Capital Facilities
Plan (CFP) and Impact Fee analysis developed for the unincorporated western Weber County and
Ogden Valley to address the county’s goals set forth in the General Plans. Four impact fee analysis
were completed for each of the two areas. CFPs were developed for trails, storm drains,
wastewater and roadways and Ms. Richman reviewed these plans and the impact fee analysis along
with comparable impact fees of surrounding counties. She stated it was important to evaluate
CFPs annually based on actual population growths as well as on the type and pattern of
development. The maximum fees were presented and these were in 2005 dollars. Once impact
fees are charged, the county is under an obligation to provide the infrastructure improvement. She
addressed questions.

As Weber County continues to grow, additional trails will be needed to serve new development
and Ms. Richman outlined the additional trail feet required, trail development cost assumptions,
trail land development costs estimates, etc. The CFP outlines $10,270,236 for storm drainage
capital costs in unincorporated western Weber County and $9,678,840 in unincorporated Ogden
Valley resulting from new development as well as improvement of existing storm drainage
facilities. Four projects had been identified for the unincorporated Ogden Valley, including
multipurpose reservoirs. The stormwater cost portion for the reservoirs was separated out from
irrigation and recreational purpose cost for a total of $23.5 million.

In the Wastewater CFP there was no excess capacity currently existing in western Weber County.
Because Weber County did not intend to provide wastewater services for unincorporated Ogden
Valley no CFP was conducted for the area. Other sewer districts are expanding and will serve new
development. The needed infrastructure improvements for western Weber County storm drains
included detention basins, piping existing ditch, and flood plain corridor enhancements. For
unincorporated Ogden Valley, the needed infrastructure improvements were reservoirs, detention
basins, and wetland/aeration treatment. Central Weber Sewer Improvement District (CWSID)
provides the sewer treatment services for unincorporated western Weber County. CWSID owns,
operates and manages the sewer treatment plant. The gross impact fee would be $84.33 with a six
cent credit/acre for past property taxes (based upon a 1 inch meter for a single family residence).
Based upon a standard 2 inch commercial meter the impact fee would be $174.70, less a five
cent/acre credit for past property taxes.

Ms. Richman noted that 33 road projects had been identified in western Weber County at a cost
of $38 million, this included upgrades to existing structures and improvements for new
development and was estimated at $4.8 million. For Ogden Valley, the estimated cost for
identified projects was $26.4 million, with $24 million going to improvement of existing roadway
infrastructure. The roadway improvements identified by the County Engineer for western Weber
County were to pave gravel roads, road widening, intersection improvements, and sidewalk, curb
and gutter improvements and for Ogden Valley they included new roads, pave gravel roads, road
widening, and intersection improvements. Ms. Richman outlined the gross impact fees for a
single family residence, commercial and industrial development assuming certain amount of new
sq. ft. for both areas. She said that if the assumptions were different, the impact fees needed to be
recalculated. CFPs should be reviewed annually and fees adjusted accordingly.

Each of the fees for each area will need to be accounted for separately and developers’ payments
kept track of.

Chair Dearden invited public comments and following is a summary:

Curtis Christensen, County Engineer, had received copies of the impact fees today from the
County Planning Department. He expressed concern regarding the wastewater analysis stating that
when his department submitted the information for the impact fee analysis, it included a
preliminary estimate that only comprised the Taylor and West Weber areas but it appeared
Wikstrom had distributed the costs over all western Weber County. Additionally, he did not
believe information for installation of curb, gutter and sidewalk near schools had been included
in this analysis.

John Klisch, Eden resident who had served on the GEM impact fee subcommittee for the Ogden
Valley, stated that three other members of the subcommittee were present tonight. They felt there
were a few omissions and minor issues and had reviewed them with county staff. In spite of those,
they fully supported the plan “as is” and any omissions could be handled as an amendment. They
desired that these impact fees be codified in order to handle the tremendous growth spurt in Ogden
Valley. The commissioners said they received Mr. Klisch’s letter dated July 23, 2006, reflecting
the reviews of the committee.

Bob Dyer, GEM Chair on the transportation subcommittee, echoed Mr. Klisch’s statements that
there were some amendments needed, however, they fully supported the concept and
recommended adopting this plan.

David Wilson, speaking as a citizen, asked what was the assumption for the land acquisition costs
and if other counties imposed impact fees. Ms. Richman said that Wikstrom had received
acquisition costs for different types of land for Ogden Valley from Ogden Valley Pathways and
from staff for western Weber County. Summit County imposes an impact fee and many counties
have their impact fees imposed through their special service districts. Mr. Wilson asked if any
considerations had been taken for annexations by cities, especially in western Weber County and
Ms. Richman said no, and that the CFP and the Impact Fees Analysis would have to be adjusted
in the event of annexations. Mr. Wilson asked Mr. Christensen if his assumption on Taylor and
West Weber was related to liftstations and Mr. Christensen responded that it was because these
were the only areas in western Weber County with sewer available. Mr. Wilson noted that the
county in the past had taken the position that sewer development would be developer driven and
that the county would not be involved in that expense. Mr. Christensen said that costs for
liftstations and some outfall and pressure lines to connect to Central Weber Sewer’s line had been
included.

3. Public hearing on Zoning Petition ZP #09-2006 by Wolf Creek Properties to rezone
property at approximately 3718 N. Wolf Creek Drive from CV-2 to CVR-1, from
CV-2 to O-1 and from O-1 to CVR-1

Kevin Hamilton, County Planning Department, stated that the county had sent notice to the
Standard Examiner for both of today’s public hearings on the same day. However, the newspaper
printed two notices for the public hearing on the impact fees and did not publish one for this item.
The county caught the error and the newspaper published the notice for this hearing but by that
time it was one day too late. The commissioners discussed continuing the public hearing after
appropriate notice had been given.

Steve Roberts, representing Wolf Creek Properties, stated that in 2002 they had rezoned this
property and at that time had re-master planned Wolf Creek with the intention to build a condo-
hotel and had a development agreement with the county that allowed it. However, there were
some problems because that rezoning did not allow a condo-hotel, even though that had been the
intent. The CVR-1 zone allows a condo-hotel but only with a height of 25 ft. without a
conditional use permit. Mr. Roberts said that they would eventually try to get a conditional use
permit for a 45 ft. high condo-hotel. He expressed concern that they were starting at 25 ft. instead
of 35 ft. height and said that if they could not get the 45 ft. height, they would have to come back
requesting rezoning to the former zone because it allowed a 35 ft. high condo-hotel. He stated that
it was essential to have over night rentals to succeed as a resort.

Mr. Hamilton said that under the current zone, the buildings could not exceed 35. ft in height but
the CVR-1 zone had a height limit of 25 ft., unless a conditional use permit was approved. He
noted that for the Edgewater Beach Resort Condominium project on the south side of Pineview
Reservoir the county had not allowed the buildings to be over 25 ft. towards the highway where
the buildings are most visible but as they go back from the road they were allowed up to 35 ft. He
said it made sense for that development as the ground sloped towards the reservoir and would
make sense in this case as well as this development is surrounded by relatively tall buildings. The
Planning Commission recommended approval of this rezoning subject to the understanding that
during the conditional use permit phase they would review the issue of height.

4. Motion to adjourn public hearings and reconvene public meeting
Commissioner Bischoff moved to adjourn the public hearings and reconvene the public meeting;
Commissioner Cain seconded, all voting aye.

5. Action on public hearings:

G.2. - Public hearing on Weber County Capital Facilities Plan and Impact Fee Analysis

Commissioner Cain said that there were some accounting questions and other issues that needed
to be researched prior to directing an ordinance to be written for this item. Some of her concerns
included that Wikstrom had used old information and figures and there had been many changes
since this process had begun three years ago (i.e., property values had increased dramatically),
there were questions as to what areas had been included in the analysis, etc. She expressed
frustration with Wikstrom. She said that before the Commission accepted responsibility for these
funds there had to be an understanding on how to provide for the gap in six years of use from the
date of imposing the fees. Chair Dearden noted that no action would be taken on this item. They
would continue to study it and it would be brought before the Commission at a future date.

G.3. - Public hearing on Zoning Petition ZP #09-2006 by Wolf Creek Properties to
rezone property from CV-2 to CVR-1, from CV-2 to O-1 and from O-1 to CVR-1
Commissioner Cain moved to continue this public hearing to August 29, 2006 at 6:00 p.m. to
correct the notice problem; Commissioner Bischoff seconded, all voting aye.

 

H. Assign Pledge of Allegiance & Thought of the Day for Tues., August 15, 2006, 10 a.m.

I. Public Comments: There were none.

J. Adjourn
Commissioner Bischoff moved to adjourn at 7:00 p.m.; Commissioner Cain seconded, all voting
aye.

 

Craig L. Dearden, Chair
Weber County Commission

Linda G. Lunceford, CPO
Weber County Clerk/Auditor