Minutes for 2006-12-12, Direct pdf link.

MINUTES
OF THE BOARD OF COMMISSIONERS OF WEBER COUNTY
Tuesday, December 12, 2006 - 10:00 a.m.
Commission Chambers, Weber Center, Ogden, Utah

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: David C. Wilson, Deputy County Attorney; Dan Olsen, County Comptroller, Clerk/Auditor’s
Office; Fátima Fernelius, Clerk/Auditor’s Office, took minutes.

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

D. Consent Items:
1. Purchase Orders in the amount of $174,818.66
2. Warrants #220877 - #221088 in the amount of $926,021.72
3. Minutes for the meeting held on December 5, 2006
4. Set public hearing for December 19, 2006, 10 a.m., to open 2006 County Budget for adjustments
5. Request from Information Technology to surplus computers and accessories
Commissioner Bischoff moved to approve the consent items; Commissioner Cain seconded, all voting
aye.

E. Action Items:

1. Contract with Wasatch Slopes/Beehive/Skyline/Bear River Chariot Racing
Associations - Contract C2006-198

Jim Harvey, GSCE, presented this standard contract
Commissioner Cain moved to approve Contract C2006-198 by and between Weber County and
Wasatch Slopes/Beehive/Skyline/Bear River Chariot Racing Associations; Commissioner Bischoff
seconded, all voting aye.

 

2. Approval of a refund due to erroneous assessment: 15-003-0019

Douglas Larsen, Assessor’s Office, stated that for several years this parcel had been assessed as
having 1.88 acres when in fact it consisted of $.85 acres. The Tax Review Committee recommended
refunding $785.67 for tax years 2002 through 2005. Commissioner Bischoff asked if tax notices
showed the property acreage and Mr. Larsen said that it did not yet, but the county was moving in that
direction. Mr. Taylor, petitioner, thanked the Assessor’s Office in this matter.
Commissioner Bischoff moved to approve the refund of $785.67 due to erroneous assessment on LSN
15-003-0019N; Commissioner Cain seconded, all voting aye.

3. Approval of a refund due to erroneous assessment: 09-125-0025

Douglas Larsen, Assessor’s Office, stated that for tax year 2005 this property had been assessed as
having a basement, however, it does not. The Tax Review Committee recommended refunding
$148.74 for 2005.
Commissioner Cain moved to approve the refund of $148.74 due to erroneous assessment on LSN 09-
125-0025; Commissioner Bischoff seconded, all voting aye.

 4. Agreement with Rocky Mountain Power for the Rocky Mountain Power FinAnswer
Express Incentive Program - Contract C2006-199

Chief Deputy Gerald Cook, Weber County Correctional Facility, noted that recently (October 17) he
had made the request for a letter of intent to participate in this incentive program whereby Rocky
Mountain, through a private contractor, will review the electric energy system at the Kiesel Facility and
make recommendations to upgrade it. It is estimated that the county will save $7,000+/year.
Commissioner Bischoff moved to approve Contract C2006-199 by and between Weber County and
Rocky Mountain Power for the Rocky Mountain Power FinAnswer Express Incentive Program;
Commissioner Cain seconded, all voting aye.

 

5. Resolution to approve the 2007 Weber County Budget - Resolution 32-2006

Dan Olsen, County Comptroller, noted that a public hearing had been held last week to receive input.
Some adjustments had been made since adopting the tentative budget, mostly to correct minor errors.
The major change was the addition of $200,000 to the Capital Projects Fund for the former Standard
Examiner building. Other adjustments included increasing sales tax revenue estimates to match the
actual collection trend in the Municipal Services Fund; a revenue source was found for the North
Ogden Divide project for the Public Works Fund; and depreciation expense was decreased to match
the actual expected cost in the Landfill Gas Recovery Fund.
Commissioner Cain moved to adopt Resolution 32-2006 approving the 2007 Weber County Budget;
Commissioner Bischoff seconded.
Roll Call Vote:
Commissioner Cain. . . . . . . . . . . . . . . . . . . . . . . . . .aye
Commissioner Bischoff. . . . . . . . . . . . . . . . . . . . . . . .aye
Chair Dearden. . . . . . . . . . . . . . . . . . . . . . . . . . .aye




6. Request for approval of Interlocal Agreement by/among Weber County, Box Elder
County, Logan City and Wasatch Integrated Waste Management District to create
the Northern Utah Regional Landfill Authority

This item was held.

7. Approval of first reading of the proposed Weber County Purchasing Ordinance

David Wilson, Deputy County Attorney, stated that he wanted to give the department heads one more
opportunity to review this proposed ordinance at the Department Head meeting tomorrow. This
proposal is different than the current ordinance, although the processes are similar. One major change
includes the Commission delegating authority to certain other elected officials/department heads to sign
contracts for promoters, facility or equipment rental contracts, and these generally are for contracts
where the county receives funds, rather than expend funds.
Commissioner Bischoff moved to approve the first reading of the proposed Weber County Purchasing
Ordinance; Commissioner Cain seconded, all voting aye.

8. Acceptance of a $57,711.50 financial guarantee for landscaping improvements at the
Wolf Creek Reception Center located at 3293 N. Wolf Creek Drive

See item E.9. Sean Wilkinson, County Planning Department, stated that the building had been recently
completed but not the landscaping due to the lateness in the season.
Commissioner Cain moved to accept a $57,711.50 financial guarantee for landscaping improvements
at the Wolf Creek Reception Center located at approximately 3293 N. Wolf Creek Drive;
Commissioner Bischoff seconded, all voting aye.

 

 9. Acceptance of a $14,960.00 financial guarantee for a detention pond at the Wolf
Creek Reception Center located at approximately 3293 N. Wolf Creek Drive

Sean Wilkinson, County Planning Department, stated that this item was related to the project above
in item E.8. The project has two phases and this detention pond will be installed as part of the later
phase. The reception center has been completed and an athletic center and new parking lot will also
be built.
Commissioner Bischoff moved to accept a $14,960.00 financial guarantee for a detention pond at
the Wolf Creek Reception Center located at approximately 3293 N. Wolf Creek Drive;
Commissioner Cain seconded, all voting aye.

 

F. Public Hearing:

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

2. Continuation of public hearing on ZP #15-2006 by Brad Kelley to rezone property
in the vicinity of 1736 N. 6250 E. from S-1 to AV-3

Kevin Hamilton, County Planning Department, showed an aerial and location maps indicating that
this 3-acre parcel, located on the north side of Pineview Reservoir and next to Minnie Creek
Estates, had the house split between AV-3 and S-1 zoning. Rezoning would not allow any
additional dwelling units. Mr. Kelley desired to make the entire parcel AV-3.

Mr. Hamilton said that in 1978 a Ms. (Evelyn) Hess had requested from the Board of Adjustment
(BOA) to build one home without frontage on a 15-acre parcel, which included Mr. Kelley’s current
property. The requirement was that they maintain 5-acres with that lot because the majority where
the home would be located was in the S-1 zone. Between 1990 and 1993 the property was illegally
subdivided by a previous owner, leaving just the parcel where Mr. Kelley’s home is located.

Mr. Hamilton stated that the Planning Commission’s issue was not whether the parcel had been
created illegally but rather if the petitioner should rezone the property from S-1 to AV-3.
Considerations for rezoning includedhow it would conform to the General Plan and if similar
situated properties would be treated the same. The Planning Commission’s motion was to deny the
petition because they desired to avoid setting any precedent since other properties that abut the
Reservoir would not be granted the same zoning and it did not conform to the General Plan’s
protection of the Reservoir’s shoreline. This parcel abuts federal government property as part of
the Pineview Reservoir property. Mr. Hamilton believed that other area property owners would be
interested in rezoning. He addressed the commissioners’ questions stating that the home, built in
1978, had been built as part of a larger parcel that extended to the west. The BOA allowed the
home to be built by the previous owner without frontage as long as 5-acres were maintained. In
about 1993 the property where Mr. Kelly’s home sits was subdivided.

Since about 1981 Mr. Kelly had owned 2.25 acres in Minnie Creek Estates (to the north) until July
2005 when he sold it and between that and the subject parcel he had been considered as meeting
the 5-acre requirement. The BOA found that it had been a self imposed hardship, not that Mr.
Kelley necessarily did anything wrong, but because the hardship runs with the land. Chair Dearden
asked if the subject property would meet the AV-3 requirements and Mr. Hamilton said that the
petitioner would have to obtain 150 ft. of frontage from his neighbors, but rezoning was the first
step in the process.

Mr. Kelley said that in order to have his property conform, the entire 3+ acres needed to be zoned
AV-3. He then would be able to purchase additional frontage from his neighbors, his property
value would match the value of similar properties, and he would be able to sell it in the future.  Mr.
Kelley said that the existing home with its non-conforming use had negative impact on the
property value and on the opportunity to sell the property. He felt that it was highly unlikely that
approval of his petition would set a precedent requiring approval of other rezoning because of the
factual circumstances of the petition: rezoning his property to AV-3 would in no way affect the
shoreline classification of other area properties, would not increase density–his property already
had an existing home and rezoning would not allow any additional dwellings, rezoning would not
negatively influence the shoreline in any way, would not change the setback of the home from the
highwater mark, the shoreline would be just as protected under the S-1 as under the split zone, that
public policy favored having a legal conforming lot, and he could show that the property he
purchased in 1993 was the same today. The person who caused the problem had passed away.

Mr. Kelley addressed the commissioners’ questions. He stated that he had purchased the 2.25 acres
in 1981 and it had nothing to do with the purchase of the subject property in 1993. Mr. Hamilton
said that the 2.25 acres had always been part of the Minnie Creek Estates and the subject property
had never conformed to zoning but at one time had conformed to the BOA approval. Mr. Kelley
stated he had not known about the BOA requirement to maintain 5 acres. David Wilson, Deputy
County Attorney, asked if the BOA decision was recorded so that a future buyer would be aware
and Mr. Hamilton said that until recently those were not recorded. Mr. Wilson and Mr. Hamilton
both noted the serious problems this could cause for future home buyers.

Last year after selling the 2.25 acre parcel Mr. Kelley found out that his property was out of
compliance and went before the BOA, which recommended that he have his property rezoned to
AV-3 and to try purchasing frontage from the neighbor’s road. Mr. Kelley said that he was working
with Mr. Shepherd, the property owner to the east, to do that and had obtained a verbal agreement
some time ago. Mr. Hamilton said that Mr. Kelley’s neighbor had developed a private road with
a cul de sac and it was possible for Mr. Kelley to work with him to obtain the required frontage.
Mr. Hamilton noted that another property owner in the area had to purchase property in order to
comply and Mr. Wilson asked if that owner had split zoning but he did not, and Mr. Hamilton was
not aware of other properties having their homes split by zoning. Where zones split properties in
the Minnie Creek Estates, the owners are being required to build in the zone where they have
sufficient property.

Chair Dearden invited public comments and none were offered.

3. Commissioner Bischoff moved to adjourn the public hearing and reconvene the public meeting;
Commissioner Cain seconded, all voting aye.

4. Action on public hearing:

The three commissioners felt there were unique circumstances to this situation. Commissioner
Cain noted that the property was not only split by zones and never really conformed, except
theoretically, but the land which Planning had considered as conforming to the S-1 was actually
platted in a different subdivision and had been purchased separately by the homeowner, thus this
had never really met a zoning requirement, because the BOA’s variance and conditions thereof
were not recorded against the property, Mr. Kelley was not aware of the situation, and this had to
almost be treated as a nonconforming remaining parcel from the previous 15-acre parcel, which was
then subdivided, and the county would need to accept some responsibility. The Commission knew
they needed to meet the Planning concept to reduce arbitrary decision making potential, however,
there was a difference in this case because there was an existing home, not built by this owner who
had no knowledge his property was nonconforming. Mr. Hamilton said that Planning staff’s
understanding had been that the existing home was not relevant, that they had to look at the
property, and this was how the Planning Commission had viewed it.  Commissioner Cain noted
that this issue demonstrated why there were so many steps in the process,
that each body had a responsibility and that the County Commission’s was to put all the pieces
together, to look at the whole picture in formulating a decision. She believed it was in the best
interest of this property owner to rezone the property to AV-3, and to allow him an opportunity to
purchase frontage and protect his property value. Chair Dearden said he had been initially opposed
to the rezone from simply reading the information in the packet for this item, however, the process
had helped bring out some issues and he agreed with moving forward with an ordinance to rezone.
Commissioner Bischoff said that the commissioners were all in agreement with the direction to
move forward on this item stating that it was unique enough and all the stated reasons were valid.
Commissioner Cain added that this did not minimize the Commission’s concern about shoreline
protection and the importance of the S-1 zone, however, this was a unique situation that needed to
be addressed. The commissioners directed Mr. Hamilton to prepare the ordinance and to bring it
before the Commission when it is completed.

G. Assign Pledge of Allegiance &Thought of the Day for Tues., December 19, 2006, 10 a.m.

H. Public Comments:

Connie Chandler commented on the public hearing item. Ms. Chandler had been attending
Commission meetings for over a decade and this was not the only tragic case she had observed. She
had asked past commissioners to do something so that these homeowners do not have to go through
such misery. Recording the Board of Adjustment decisions was an improvement. She suggested
that representatives from the pertinent county departments, the real estate industry and State
legislators meet to pass State laws passed to protect those people. She felt that legislation should
derive from the State.

I. Adjourn
Commissioner Bischoff moved to adjourn at 11:19 a.m.; Commissioner Cain seconded, all voting
aye.

Craig L. Dearden, Chair
Weber County Commission

Linda G. Lunceford, CPO
Weber County Clerk/Auditor