Minutes for 2005-12-20, 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 - Shelly Halacy
C. Thought of the Day - Commissioner Dearden

D. Consent Items:
1. Purchase Orders in the amount of $31,699.07
2. Warrants #208471 - #208675 in the amount of $3,343,273.78
3. Set Public Hearing date for January 17, 2006, at 6 p.m., for a re-zone petition at Wolf Creek
Subdivision Phase 1 Lot 1 & a portion of adjoining property from Forest Valley (FV-3) to
Commercial Valley (CV-2), & the vacation of Wolf Creek Subdivision Phase 1 Lot 1
Commissioner Cain moved to approve the consent items; Commissioner Dearden seconded, all
voting aye.

E. Presentation of RAMP policies, procedures, documents and information

Candadai Seshachari, Chair, RAMP Tax Advisory Board, made a presentation on documents
which had also been presented to WACOG. Various county departments assisted with these
documents, including the County Attorney’s Office. After the Commission approves them next
week, they will be put online and applications will be accepted. Mr. Seshachari briefly outlined
the various applications and grants available and the requirements. One application relates to
cities and unincorporated areas, which can receive a minimum of $5,000, and if the population
exceeds 5,000 residents, they receive one dollar for each resident. Currently, there is about $1
million in the account and the target is about $3 million. Mr. Seshachari addressed the
commissioners’ questions including that the population will be determined by figures from the
most recent State population estimates from the Governor’s Office, the minimum application
amount for major projects of $200,000 came from discussion to reserve one fifth of $1 million
because these were major projects that needed to be in areas of major impact in the county, and
multi-year projects are large projects that could be funded for two or three years–regulations do
not allow funding beyond eight years.

F. Action Items:

1. Approve refund on a tax paid due to erroneous assessment on LSN #17-019-0002

Douglas Larsen, County Assessor’s Office, stated that the county had been incorrectly assessing
the acreage on this property. The property owners were not present. The Tax Review Committee
recommended approving a refund from 2001 through 2004 in the amount of $239.04. Mr. Larsen
noted that statute allowed the county to retroactively assess properties that escaped assessment
for up to five years prior to the time of discovery. The county has used this time frame as a
foundation for refunds for prior year corrections.
Commissioner Dearden moved to approve a refund in the amount of $239.05 on a tax paid due
to erroneous assessment on LSN #17-019-0002; Commissioner Cain seconded, all voting aye.

2. Approve refund on a tax paid, due to erroneous assessment on LSN #08-069-0015

Douglas Larsen, County Assessor’s Office, stated that this property had been assessed as having
100% finished basement for a number of years. The owner had on two separate occasions notified
the Assessor’s Office of the extent of the finished area but the Assessor’s Office had not corrected
the assessment. The Tax Review Committee recommended approving a refund from 2001 through
2004 in the amount of $231.75. The property owner was present and said that it would be nice to
receive a refund more commensurate with the number of years of the erroneous assessment, but
he understood the statute.
Commissioner Cain moved to approve a refund of $231.75 on a tax paid due to erroneous
assessment on LSN #08-069-0015; Commissioner Dearden seconded, all voting aye.

3. Agreement with Weber Pathways for trail & maintenance easement - Contract
C2005-156

Curtis Christensen, County Engineer, stated that some time ago the Weber Pathways had
approached the county requesting permission to cross some property which the county owns just
east of North Ogden on the North Ogden Divide Road. County staff met with Pathways and
determined where they wanted a pathway, and Mr. Christensen referred to the aerial photograph
of that area. The County Surveyor’s Office had prepared a description for this property. Mr.
Christensen said that this would be part of the Bonneville Shoreline Trail. He noted that Jeff Ellis,
Weber Pathways, was present to address questions. Commissioner Cain asked if the pathway
would actually cross the North Ogden Divide Road because of safety concerns. Mr. Christensen
replied this was correct, that Weber County’s property was on both sides of the road, that access
was not good on either side, and that some road striping and signing would have to be done as the
project moved forward to warn motorists of the potential for pedestrians.
Commissioner Dearden moved to approve Contract C2005-156 by/between Weber County and
Weber Pathways for trail and maintenance easement; Commissioner Cain seconded, all voting aye.

4. Final approval of Weathers Subdivision, at approx. 2863 Carriage Lane, Uintah
Highlands area, 2 lots, which will be a re-subdivision of 2 existing lots within a
previously dedicated subdivision recorded as Spring Creek Estates No. 2 and 3

Scott Mendoza, County Planning Department, stated that this was to adjust the common lot line
between these two lots northeasterly, resulting in about a 30 ft. strip being added to lot 1.
Originally both lots were owned by one owner. Lot 2 was then sold “less and excepting” a 30 ft.
strip along its southerly boundary. This 30 ft. strip was intended to stay with the original lot 17
but created a subdivision violation. The Planning Commission unanimously recommended
approval of this item.
Commissioner Cain moved to grant final approval of the Weathers Subdivision, located at
approximately 2863 Carriage Lane in the Uintah Highlands area, consisting of 2 lots, which will
be a re-subdivision of two existing lots within a previously dedicated subdivision recorded as
Spring Creek Estates No. 2 and 3; Commissioner Dearden seconded, all voting aye.

5. Final approval of Highlands at Wolf Creek Phase 7 and 8, at 3700 N. 5800 E.,
consisting of 18 & 21 lots respectively, & acceptance of a financial guarantee for
$447,087.85 for Phase 7 & $515,990.75 for Phase 8

Kevin Hamilton, County Planning Department, presented this item. Chair Bischoff asked about
concerns with the number of homes using a single access point. Mr. Hamilton said that because
there was only one access into that development in the east, the Fire District had required that those
homes have fire sprinkling systems. Commissioner Cain asked about previous concerns with
ingress and egress and fire trucks being able to turn around. Mr. Hamilton responded that to
mitigate the problem the Fire District had required sprinkling systems and indicated that the cul
de sacs were designed to allow for the fire trucks to turn around. The issue that he foresaw as this
area developed was if something blocked the access off of Wolf Creek Drive which could make
it difficult for emergency services. Chair Bischoff asked about future roads and Mr. Hamilton said
that there were roads planned that would eventually tie-in to Wolf Creek Drive, though it may not
be for several years. The Planning Commission unanimously recommended approval of this item.
Commissioner Dearden moved to grant final approval of Highlands at Wolf Creek Phase 7 and 8,
located at 3700 North 5800 East, consisting of 18 and 21 lots respectively, and to accept a financial
guarantee in the amount of $447,087.85 for Phase 7 and $515,990.75 for Phase 8; Commissioner
Cain seconded, all voting aye.

6. Action on public hearing held 9/20/2005 on Zoning Petition ZP #06-2005 to amend
Zoning Ordinance by adding Section 23-37, River and Stream Corridors, placing
setback requirements for building adjacent to year-round and ephemeral streams,
with the exception of a segment of the Ogden River below Pineview Reservoir -
Ordinance 2005-19

Kevin Hamilton, County Planning Department, stated that no action had been taken at the
September 20, 2005 public hearing to allow review of all input and material received. One major
issue discussed at that hearing had been how small lots would be affected that were created in the
Ogden Canyon in the early 1900s. The previous ordinance had stated that areas within these
setbacks had to be left undisturbed. This revised ordinance will except the Ogden Canyon,
providing an exception for the Ogden River below Pineview Reservoir to its confluence with the
Weber River, and allows for those areas within these setbacks to be maintained.

Chair Bischoff noted that about 90% of the comments at that hearing had been about the Ogden
Canyon. Commissioner Dearden believed that the original ordinance measured from the center
of the stream but this ordinance measured from the highwater mark. Mr. Hamilton believed the
original proposed ordinance measured from the highwater mark and noted that the General Plan
measured from the center line of the stream. This ordinance measures from the highwater mark
which makes it easier to measure and creates uniformity for the property owners along the edge
of the river. Commissioner Dearden asked about notifying Ogden Canyon property owners that
their concerns had been addressed and the commissioners hoped the attending newspaper
representative would write an article about it. Commissioner Cain noted that there was a current
review by the Health Department and the Waste Water Advisory Committee in order to have some
future action to apply consistent ruling between Health Department and County Planning rules.
Commissioner Cain moved to adopt Ordinance 2005-19 amending the Zoning Ordinance by
adding Section 23-37, River and Stream Corridors, placing setback requirements for building
adjacent to year-round and ephemeral streams, with the exception of a segment of the Ogden River
below Pineview Reservoir; Commissioner Dearden seconded.
Roll Call Vote:
Commissioner Cain. . . . . . . . . . . . . . . . . . . . . . . . . .aye
Commissioner Dearden . . . . . . . . . . . . . . . . . . . . . . . .aye
Chair Bischoff . . . . . . . . . . . . . . . . . . . . . . . . . .aye



7. Request for approval of contract with Blomquist Hale Consulting Group for
consultation/counseling Services for Sheriff’s Office employees &their families

This item was held.

8. Request for Approval of Change Orders for Weber Morgan Health Department
for final reconciliation of costs for Woodbury Corporation

This item was held.

 G. Public Hearings:

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

2. Public hearing for the purpose of opening the 2005 Budget for amendments

Dan Olsen, County Comptroller, highlighted the three major budget changes that included
adjustments to the Municipal Services Fund and the fleet billing system, and a budget change in
the amount of $280,000+ to pay off a lease early. There will also be adjustments to property taxes
on the assessing and collecting rate due to the change in law; an adjustment to sales tax estimates
in the amount of $335,000 because sales taxes have come in better than anticipated; the Parks
Department will be moved to the General Fund; a new department of Homeland Security was
created; a change for CDBG grants was made in the Public Works Fund; and in March some
Municipal Building Authority bonds were refinanced.

Chair Bischoff invited public comments and none were offered.

3. Public hearing to discuss potential Community Development Block Grant
Projects for 2006

Dennis Richardson, County Engineering, stated that a public hearing to consider potential projects
for which funding may be applied under the 2006 community Development Block Grant Program
was held on October 25, 2005. However, there were a few items that he had failed to mention at
that hearing and this public hearing was being held to address those items as well as re-visit items
from the previous public hearing. The Weber Area Council of Governments (WACOG), which
Weber County is a member of, is expected to receive approximately $625,000. All the projects
go through a rating and ranking process by WACOG and the amount received will be divided
among the different entities.

In the previous public hearing, Mr. Richardson explained that the use of funds must meet one of
the following National Objectives to be eligible:
a) Project needs to primarily benefit low to moderate income persons
b) Project needs to aid in the prevention or elimination of slums or blight
3. Project needs to meet urgent needs because existing conditions pose a serious and immediate
threat to health and welfare

He emphasized that funds were primarily used on a project that benefit low and moderate income
persons and stated that eligible activities that can be accomplished by this program can be found
in the CDBG Application Guide. A copy of the guide is located in the County Engineering
Department and is available for review by anyone interested in doing so.

Ongoing County CDBG projects include:
A. ADA improvements for campsites located at North Fork Park, Memorial Park and Fort
Buenaventura Park. This project will help provide better access and use of campsites by the
disabled.
B. Weber County is currently sponsoring Your Community Connection, a non profit organization.
Their project provides assistance to low income and disabled elderly homeowners with critical
yet minor home repairs to insure safety and livability in their own homes.
C. Weber County is also sponsoring the Ogden/Weber Community Partnership to acquire
property for housing for the disabled.

These projects provide good examples of what the funds can be used for. However, other
examples of projects are construction of public works infrastructure such as storm water projects,
acquisition of property, and public services such as food banks and homeless shelters. Weber
County has sponsored non profit agencies for those type of services in the past. Also eligible are
loan programs for private business that hire low income persons or for persons who own rental
housing that rent to lower income persons. All projects that are being applied for are indicated in
the Weber County Consolidated Plan as being needed in the community. A copy is available for
review by interested persons at this time or it can be reviewed later at the County Planning
Department.

Recommended county projects that the county is applying for in the 2006 funding year include
replacement of door hardware with ADA compliant hardware at the county fairgrounds facilities,
and the Weber County Housing Authority is seeking funding of about $40,000 per year over three
years to provide funds to low income house holds for home repairs. Your Community Connection
is also seeking county sponsorship to continue their Senior Life program to provide assistance to
low income and disabled elderly homeowners. They are seeking $30,000 per year over three years.
There were several other projects mentioned in the previous public hearing however, they are not
being applied for.

Chair Bischoff invited public comments and none were offered.

4. Commissioner Dearden 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 to open the 2005 Budget for amendments - Resolution 43-2005
Commissioner Dearden moved to adopt Resolution -2005, amendments to the Weber County 2005
Budget; Commissioner Cain seconded.
Roll Call Vote:
Commissioner Cain. . . . . . . . . . . . . . . . . . . . . . . . . .aye
Commissioner Dearden . . . . . . . . . . . . . . . . . . . . . . . .aye
Chair Bischoff . . . . . . . . . . . . . . . . . . . . . . . . . .aye



G.3. - Public hearing to discuss potential CDBG Projects for 2006

This item required no action.

H. Assign Pledge of Allegiance &Thought of the Day for Tues., December 27, 2005, 6 p.m.

I. Public Comments: There were none.

J. Adjourn
Commissioner Dearden moved to adjourn at 11:05 a.m.; Commissioner Cain seconded, all voting aye.

Kenneth A. Bischoff, Chair
Weber County Commission

Linda G. Lunceford, CPO
Weber County Clerk/Auditor