Minutes for 2005-12-13, 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: Kenneth A. Bischoff, Chair; Craig L. Dearden, Vice Chair; and Camille T. Cain.

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

A. Welcome - Chair Bischoff
B. Pledge of Allegiance - Fátima Fernelius
C. Thought of the Day - Commissioner Cain

D. Consent Items:
1. Purchase Orders in the amount of $413,001.58
2. Ratification of Warrants #208029-#208231 in the amount of $992,378.11 dated December 6, 2005
3. Warrants #208232-#208470 in the amount of $770,661.90
4. Minutes for the meeting held on November 29, 2005
5. New Business License Applications
6. New Beer License Application
7. Set Public Hearing date for December 27, 2005, 6:00 p.m., to receive input from any interested
person regarding the tax rate assessment for the Weber Area 911 and Emergency Services District
8. Set Public Hearing date for December 20, 2005, 10:00 a.m., to open the 2005 Budget for
amendments
9. Set Public Hearing date for December 20, 2005, at 10:00 a.m. to discuss potential Community
Development Block Grant Projects for the 2006 year
10. Request by Weber County Animal Services to surplus a Television/VCR that is no longer working
Commissioner Dearden moved to approve the consent items; Commissioner Cain seconded, all
voting aye.

E. Action Items:

1. Contract with Wasatch Slope/Beehive/Skyline/Bear River - Chariot Racing
Associations for 2005-2006 Chariot Racing Season at Golden Spike Event Center -
Contract C2005-154

Jim Harvey, GSEC, presented this standard contract stating that it utilized a special stall rate
which was used through the winter season to promote events.
Commissioner Cain moved to approve Contract C2005-154 by and between Weber County and
Wasatch Slope/Beehive/Skyline/Bear River - Chariot Racing Associations for the 2005-2006
Chariot Racing Season to be held at the Golden Spike Event Center; Commissioner Dearden
seconded, all voting aye.

2. Ratify Resolution appointing a Weber County Representative & Alternate for
the Utah Counties Insurance Pool Annual Membership Meeting - Resolution 21-
2005

Chair Bischoff, who has been the past representative, stated that per the Utah County Insurance
Pool bylaws each year the county was required to appoint a representative to the annual
membership meeting.
Commissioner Cain moved to ratify Resolution 41-2005 appointing Commissioner Kenneth A.
Bischoff as the Weber County representative for the Utah Counties Insurance Pool Annual
Membership Meeting; Commissioner Dearden seconded.
Roll Call Vote:
Commissioner Cain. . . . . . . . . . . . . . . . . . . . . . . . . .aye
Commissioner Dearden . . . . . . . . . . . . . . . . . . . . . . . .aye
Chair Bischoff . . . . . . . . . . . . . . . . . . . . . . . . . .aye


3. Ordinance re-enacting the imposition and collection of certain tourism,
recreation, cultural and convention taxes - Ordinance 2005-16

Monette Hurtado, Deputy County Attorney, outlined this ordinance. A tax was imposed for a one
year time period at the rate of 7% on the lease or rental amount of all short-term leases and rental
of motor vehicles and 1% tax on restaurants on beverages and prepared foods.
Commissioner Dearden moved to adopt Ordinance 2005-16 re-enacting the imposition and
collection of certain tourism, recreation, cultural and convention taxes; Commissioner Cain
seconded.
Roll Call Vote:
Commissioner Cain. . . . . . . . . . . . . . . . . . . . . . . . . .aye
Commissioner Dearden . . . . . . . . . . . . . . . . . . . . . . . .aye
Chair Bischoff . . . . . . . . . . . . . . . . . . . . . . . . . .aye


4. Tentative approval of Stanton M. Taylor to serve a second term on the Weber
Human Services Board of Directors & referral to the Morgan County Council
for confirmation

Chair Bischoff stated that Judge Taylor had been serving as chair of this board.
Commissioner Cain moved to give tentative approval of Stanton M. Taylor to serve a second term
on the Weber Human Services Board of Directors and to refer to the Morgan County Council for
confirmation; Commissioner Dearden seconded, all voting aye.

5. Resolution to approve the 2006 Weber County Budget - Resolution 42-2005

Dan Olsen, County Comptroller, noted that the tentative budget had been adopted November 1,
2005 and a public hearing was held November 29 in the evening and no public comments were
offered. The tentative budget had included a 2% for merit increases for employees as well as
funding health insurance and retirement increases, had approximately $950,000 for various capital
improvement projects, and $3 million to begin construction of the library building in Washington
Terrace. Since adoption of the tentative budget, the final budget includes some cuts to county
departments’ budgets in order to fund a 1 ½% cost of living adjustment for employees, an
adjustment to the sales tax estimates for the current year, various revenue adjustments in the
Sheriff’s Office for contracts signed in November, and a new allocation formula for the Municipal
Services Fund. The budget will be on the county’s website tomorrow. Chair Bischoff expressed
thanks to all those involved in the budget process.
Commissioner Dearden moved to adopt Resolution 42-2005 approving the 2006 Weber County
budget; Commissioner Cain seconded.
Roll Call Vote:
Commissioner Cain. . . . . . . . . . . . . . . . . . . . . . . . . .aye
Commissioner Dearden . . . . . . . . . . . . . . . . . . . . . . . .aye
Chair Bischoff . . . . . . . . . . . . . . . . . . . . . . . . . .aye

 6. Agreement with Stewart Title Guaranty Company for Dial-up Access to the
County Tax System - Contract C2005-155

Roger Brunker, County Recorder’s Office, presented this standard contract that title companies
enter into with the county for dial-up access to the tax information system.
Commissioner Cain moved to approve Contract C2005-155 by and between Weber County and
Stewart Title Guaranty Company for dial-up access to the county’s tax system; Commissioner
Dearden seconded, all voting aye.

7. Final approval of The Chalets at Ski Lake Phase 3. This subdivision consist of 2
lots and is located at approximately 950 S. Meadow Lark Lane

Sean Wilkinson, County Planning Department, stated that road improvements had been completed
in phase 2 of this project and no financial guarantee was required for phase 3. The Planning
Commission voted unanimously to recommended approval of this item.
Commissioner Dearden moved to grant final approval of The Chalets at Ski Lake Phase 3,
consisting of 2 lots, located at approximately 950 S. Meadow Lark Lane; Commissioner Cain
seconded, all voting aye.

8. Final approval of the Mountain View Acres Subdivision, at 150 South 8600 East
Huntsville, consisting of 3 lots, and a $2,143.52 financial guarantee for pathway
construction

Scott Mendoza, County Planning Department, stated that the Planning Commission unanimously
voted to recommend approval of this item. Commissioner Dearden referred to the staff report’s
statements and asked if there were concerns because it stated that secondary water would be
provided by the Huntsville Irrigation Company and that the subdivision would be provided water
by shared wells but that Huntsville Town did not go that far to service them with water. Mr.
Mendoza responded that Huntsville Irrigation was involved with this project in discussing the
piping of an irrigation ditch between lots 2 and 3, and the subdivision would be provided culinary
water through a shared well by Huntsville Water, which he believed would also supply the
secondary water. Mr. Mendoza noted that Huntsville Irrigation wanted that irrigation ditch
between lots 2 and 3 to be piped but during the Planning Commission meeting it was agreed that
the irrigation canal did not carry enough cubic feet per second to warrant the pipe and it was
allowed to continue as an irrigation ditch with an easement along the property line and the ditch.
James Shepherd, representing Matthew Lowe, the developer, stated that the shared well was set
up to provide culinary water and a portion of secondary water to water the front lawn areas of each
home and each lot would be assigned an amount of irrigation shares from Huntsville Irrigation to
flood irrigate the rears of their properties. The irrigation ditch will be extended along the rear.
Commissioner Cain moved to grant final approval of the Mountain View Acres Subdivision,
located at 150 South 8600 East Huntsville, consisting of 3 lots and to accept a financial guarantee
of $2,143.52 for pathway construction; Commissioner Dearden seconded, all voting aye.

9. Approval of a Storm Drainage Ordinance - Ordinance 2005-17

Curtis Christensen, County Engineer, explained that this ordinance resulted from the Clean Water
Act requirements and addressed some housekeeping items. It is similar to what most cities are
adopting in the county. It creates a mechanism for a storm water service area whereby the county
will provide these services to people in the unincorporated area. There is no fee associated with
this service at this time but it may be assessed at a later date. This ordinance formalizes regulations
about a development’s discharge of storm water and incorporates Health Department rules so that
storm water regulations are more uniform. A discharge amount is set for development sites to help
control storm water throughout any system. Mr. Christensen stated that the county was already
following many of these steps and had been asking subdividers for the past year for some
information to prepare the plan.
Steve Clarke, of Eden, asked if this had any application to the sheet flows from storm drainage in
the Eden area. Mr. Christensen replied that it did have application to development in the Eden
area, that development has the potential to increase the water runoff and developers need to limit
it to .1cfs per acre. Commissioner Cain noted that this ordinance had been about three years in
development in the county and it is hoped to resolve many issues.
Commissioner Dearden moved to adopt Ordinance 2005-17 creating Title 33, Storm Drainage
Ordinance; Commissioner Cain seconded.
Roll Call Vote:
Commissioner Cain. . . . . . . . . . . . . . . . . . . . . . . . . .aye
Commissioner Dearden . . . . . . . . . . . . . . . . . . . . . . . .aye
Chair Bischoff . . . . . . . . . . . . . . . . . . . . . . . . . .aye


10. Amendment to Title 12 of the Weber County Flood Damage Prevention Ordinance
- Ordinance 2005-18

Kevin Hamilton, County Planning Department, stated that these amendments mostly involved
changing from paper maps to electronic maps and meeting FEMA’s definition requirements when
this change occurs.
Commissioner Dearden moved to adopt Ordinance 2005-18 amending Title 12 of the Weber
County Flood Damage Prevention Ordinance; Commissioner Cain seconded.
Roll Call Vote:
Commissioner Cain. . . . . . . . . . . . . . . . . . . . . . . . . .aye
Commissioner Dearden . . . . . . . . . . . . . . . . . . . . . . . .aye
Chair Bischoff . . . . . . . . . . . . . . . . . . . . . . . . . .aye


11. Acceptance of a financial guarantee in the amount of $7,000.00 for excavation
work and re-seeding around a proposed pond expansion project at approximately
3550 Nordic Valley Way

Scott Mendoza, County Planning Department, stated that this financial guarantee was for
excavation work and reseeding around a proposed pond expansion project (in the former Nordic
Valley Golf Course) to ensure the appropriate restoration of the affected area. Commissioner Cain
asked Mr. Mendoza to expound upon the purpose of this expansion. Currently, the pond is three
tenths of an acre and the petitioner wishes to enlarge it to approximately one acre. In the past, this
area was used as a golf course obstacle, fish pond and water storage pond. The expansion will
facilitate more water storage and allow for snow-making at Wolf Mountain Resort.
Commissioner Cain moved to accept a financial guarantee in the amount of $7,000.00 for
excavation work and re-seeding around a proposed pond expansion project at approximately 3550
Nordic Valley Way; Commissioner Dearden seconded, all voting aye.

F. Public Hearing:

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

2. Public hearing for the purpose of receiving input from any interested persons
regarding the proposed Recreation Element of the Ogden Valley General Plan

Christopher Sands, Principal and Senior Planner with Bio-West, stated that in January 2004 Weber
County, in cooperation with Envision Utah, initiated efforts to develop this recreation element as
called for in the General Plan. This has been a two-year process and it had a lot of public
involvement–public workshops were held both in Ogden City and in the Ogden Valley (Valley).
 The first series of public workshops began with discussions on visioning and identification of
issues, followed by evaluating alternative ways of achieving the three objectives for the recreation
element, and finally reviewing of the draft recreation element document. Mr. Sands noted that this
process was initiated with the formation of a very involved Stakeholders Committee-type of format
that met monthly over the planning process, which was made up of different representatives from
organizations throughout the Valley, including land managing agencies such as the U.S. Forest
Service, Division of Wildlife Resources, the resorts, real estate developers, and other interest
groups and organizations, such as the trails committee. At the final meeting of the Valley Planning
Commission, a resolution was adopted recommending the County Commission adopt the
recreation element.

Mr. Sands reviewed the findings of the recreation element planning process, summarized
recommended policy implementation strategies from Chapter 9, and addressed questions. The
recreation Element also identifies what ordinances Weber County will need to adopt in order to
implement this component of the General Plan. Mr. Sands noted that under State law it was not
necessary that the County Commission adopt this element, that the public hearing with the
Planning Commission met the State’s requirement, and this public hearing indicated how
committed the County Commissioners were to ensure that everyone had an opportunity to invest
in the strategies and recommendations that are found in the recreation element.

Of the approximate 140,048 acres of private land, about 58,000-59,000 acres are developable
according to existing ordinances and this would mean about 15,660 potential housing units.
Currently, there are about 3,000 housing units. About 4,800 units of the 15,660 fall within the four
resort areas. Based upon population projections for the next 20 years as well as current park use,
the two current parks need to be expanded and a future one located at the south end of the Valley,
and possibly other facilities (i.e., swimming pool, ice hockey rink). The latter facilities’ use could
be maximized with proximity to the Jr. High. Mr. Sands reviewed the transportation analysis,
showing a slide of the level of service of the Valley roads, pointing out that there was room for
improvement, and noting the strong emphasis Valley residents place on pedestrian and bicycle
facilities.

Some of the major concerns expressed by the public included traffic in the Ogden Canyon, boat
usage on Pineview Reservoir, and access to Wolf Mountain. People would like to see a multi-use
trail going around the Reservoir, ATV snowmobile opportunities at Monte Cristo area, North Fork
Park expansion, etc., and people felt that the most appropriate areas for concentrated development
included Snowbasin, around Huntsville, around the Trappers Loop intersection with Highway 39,
and in Liberty and Eden, to a certain extent. In terms of preservation, a lot of people commented
on the foothill area above the Valley (which is an extremely important wildlife winter range), and
the Monastery. Additionally, many people felt that ridge protection, river buffers, and the purchase
of development rights program were very important.

Some issues and challenges noted in this study include that the population is expected to double
within the next 50 years along the Wasatch Front and this impacts the Valley because it is the
backyard mountain playground of the Wasatch Front. Even without that growth and pressure as
the backyard playground, there is a high growth potential in the Valley without doing anything.
Additionally, Pineview Reservoir is already at capacity in the Summer; some trails are
underutilized and new connections to existing U.S. Forest Service trails need to be explored; traffic
issues; protecting open space and preserving private property rights; future roles for the four
existing resorts and for new ones; and whether new growth should be allowed to sprawl as it is
zoned for now or should tools be developed to concentrate development in specific nodes to help
preserve the rural character in the Valley, allowing development to occur.  Four alternative
development scenarios were shown: 1) low intervention and keeping current
trends. This approach of doing nothing would result in over 16,000 housing units and possibly no
open space; 2) large lot preference & open space preservation. Focus on this scenario would result
in about 11,000 housing units with about 60,000 acres of open space at the cost of approximately
$400 million to implement; 3) density transfers & new resorts. This could result in about 17,000
housing units with possibly 33,000 acres of open space; 4) combination of 2 & 3. This scenario
would result in about 15,000 units and about 55,000 acres of open space.

Recommendations in the element included:
• Community recreation facility investments (i.e., to include parks/recreation facility needs in
future capital improvement plans, obtain Federal/State grants, adopt a recreation impact fee
program)
• Public & private recreation facility investments (i.e., establish a working group representing
different interest groups and public land managing agencies to facilitate movement on issues of
concern to Valley residents, manage trail heads or parking areas such as for fishing access,
maintain hunting access)
• Tourism facility investments (i.e., county work with resort managers & real estate developers in
the Valley to create additional visitor experiences, develop an informal marketing & heritage
protection organization)
• Transportation facility investments (implement the infrastructure recommendations in the Valley
General Plan, county should investigate potential options for developing a secondary access road
to Wolf Mountain Resort)
• Environmental resource protection (adopt Sensitive Lands Ordinance to help protect health,
safety and welfare of Valley residents)
• Resort development guidelines (develop and adopt a formal open space protection program,
transfer of development rights program, develop the Ogden Valley Resort Zoning Ordinance)

Chair Bischoff invited public comments and following is a summary:
Ron Catanzaro stated this was a very impressive study and suggested the county collect a transfer
of density fee as a method to fund its administration.

Cindy Briden, of Huntsville, asked if the Commission had considered the availability of water
resources to accommodate the growth of 15,000 homes, particularly considering drought years,
which we were in now. Commissioner Dearden noted that this study mentioned a few times that
one of the limiting factors would be natural resources, which included water.

Ron Gleason, of Huntsville, stated that overall the plan was comprehensive, but he would like to
see more detail in some sections, specifically encouraging village centers. Mr. Sands explained
that the next phase was to develop the necessary ordinances. He had seen a lot of momentum and
heard from developers and land owners who were interested in seeing the process move forward
and who had offered financial resources to see that the ordinances were implemented. County
Planning staff want the next phase of ordinance development to have a lot of public involvement.
Commissioner Cain noted that the county wanted to apply for funding from the Quality of Growth
Commission for a facilitator to assist in writing the Sensitive Lands and the TDR ordinances within
the public process.

Steve Rush, representing Utah Power, stated that electric power in the Valley was currently close
to capacity, the transformer that is serving the load going up to Wolfcreek to the Wolfmountain
area grew 12% in load this last year, which was a very large jump. He asked that Utah Power be
given as much lead time as possible with plans.  Gaye Creager had heard that the landowner would not get fair market value with transfer of
development rights and wanted the landowner to be involved and for TDRs to be an option. Mr.
Sands explained that the TDR program was strictly a voluntary one that allowed willing private
property sellers to sell to willing buyers, that it was not for the county to decide.

Shelley Sontag, of Eden, expressed concern with the multi-use trail system that had been proposed
throughout the Valley. She said that it needed to include equestrian access, that they should not
be forced onto the highway.

Kirk Langford, of Eden, stated he had been part of the Stakeholders Committee for the last couple
of years. He thanked the Commission, Mr. Sands and Tim Watkins of Envision Utah who had
done a phenomenal job of obtaining citizen input and educating people to all the options available.
Mr. Langford said that there was an opportunity at this time to make wise choices for the Valley
and asked that the county move forward now with the purchase of TDRs, open space, impact fees
for parks, the Sensitive Land Ordinance, the ridge line ordinance, etc., because the growth in the
Valley had been phenomenal. Commissioner Cain cautioned with moving forward too quickly so
that wise, effective decisions could be made. She stated that the county would not have been
effectively ready to go through this process eight years ago when the General Plan was adopted,
that the Valley needed to mature to the present level.

Kimball Wheatley, of Huntsville and a member of the Stakeholders Committee, noted the benefit
of looking at this issue eight years later, particularly because much of the data and technology had
not been available. He said that about 95% of all the data studied was understood now and
encouraged a full understanding of the issues, particularly transportation. He asked the
Commission to be watchful of key indicators closely as this process moves forward.

Steve Clarke, worked on the advisory board with Chris Sands and is involved in the current
committee, informed those present of a website where interested persons could write comments,
concerns, etc. and find more information on the recreation element.

Tim Watkins, of Envision Utah, stated that members of the Stakeholders Committee had set a new
standard that can be shared with other committees of what can be accomplished through
collaboration, and that there seemed to be a jelling of ideas and cooperation that was impressive.
He believed the growth along the Wasatch Front was to double in about 25-30 years and noted that
finding balance between growth and preservation could be defined as an economic development
strategy. One option that had been thoroughly discussed in the Stakeholders Committee was the
idea of an estate lot–whereby a large parcel landowner might sell development rights at the rate
of one unit per three acres but retain the right to build one home on 40 acres, for example, or sell
that as an estate lot. If the Valley retains its character and remains desirable as a recreation region,
these estate lots could be very valuable and desirable to outside individuals who wish to invest in
a place in which they can count on its character and value.

Ben Toone, of Eden, stated that the committee should be commended in all its efforts had put forth
for this recreation element, and that they had framed a tremendous concept. He had concerns with
TDRs and said it was important to proceed cautiously.

Commissioner Cain thanked Chris Sands and Tim Watkins for their work and also for the financial
obligation from Envision Utah. Commissioner Dearden noted that it was a very diverse group that
had been working on this issue and that they had come together with compromise because of their
interest in the Valley. He noted for the record that the Commission had received a letter from
Marion F. Martin who lives in Montana and could not be present tonight. Ms. Martin owns a farm
in Huntsville and had expressed some concerns relating to this issue. Commissioner Cain said that
the letter would be given to County Planning staff and Mr. Sands, and added that most of Ms.
Martin’s questions had been answered.

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

4. Action on public hearing:

F.2. - Public hearing on proposed Recreation Element of Ogden Valley General Plan

Commissioner Cain expressed her hope that the newspaper reporter in attendance would write
another article about this issue and tonight’s process and for the Commission to not take action
tonight in order to receive further public input for another week or so to make sure all questions
were addressed. The commissioners decided to place this item for action on the Commission
evening meeting scheduled for December 27, 2005.

G. Assign Pledge of Allegiance & Thought of the Day for Tues., December 20, 2005, 10 a.m.

H. Public Comments: None

I. Adjourn
Commissioner Dearden moved to adjourn at 7:55 p.m.; Commissioner Cain seconded, all voting aye.

Kenneth A. Bischoff, Chair
Weber County Commission

Linda G. Lunceford, CPO
Weber County Clerk/Auditor