Minutes for 2006-03-28, Direct pdf link.

MINUTES
OF THE BOARD OF COMMISSIONERS OF WEBER COUNTY
Tuesday, March 28, 2006 - 10:00 a.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 C. Wilson, Deputy County Attorney; Margarit
Nersisian, Clerk/Auditor’s Office, took minutes.

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

D. Consent Items:
1. Purchase Orders in the amount of $76,131.96
2. Warrants #211580 - #211814 in the amount of $1,139,879.15
3. Minutes for the meeting held on March 21, 2006
4. New Business License Applications
5. Surplus items from the Survey Department that are no longer needed or obsolete
6. Set public hearing for April 18, 2006, 6 p.m., to approve revisions to Trappers Ridge at Wolf
Creek P.R.U.D. Site/Phase Plan, including adjusting southern boundary line & adding 1 unit to
Phase 7
Commissioner Bischoff moved to approve the consent items; Commissioner Cain seconded, all
voting aye.

E. Presentations:

1. Presentation of the Weber County Mother of the Year Award to Michaelene
Grassli

Chair Dearden had attended the Mother of the Year ceremony for Ms. Grassli and noted that since
that time she had become the State of Utah Mother of the Year. He read the proclamation
profiling Ms. Grassli’s accomplishments with home and community/civic involvement. Chair
Dearden and Ms. Grassli noted that there had been about six Mothers of the Year from Weber
County in the last eight years. The commissioners presented Ms. Grassli with the plaque and
congratulated her. Ms. Grassli stated that she would have the opportunity to promote motherhood
this year and help mothers understand the benefits of their work.

2. Pleasant View Business Park Update

Nevin Limburg, Pleasant View City Administrator, stated that the first major project for the
Business Park, Project Elvis, was committed and was on the City’s agenda for April 4 for a
Purchase/Sale Agreement and Development Agreement. This project is about $27 million in
capital investment with an initial 225 jobs which will about double within two years. The second
project, Project Superbowl, is about $65 million in capital investment and will employ over 500
within 18 months. A meeting will be held tomorrow to secure their commitment. The third
project, Project Steely Dan, is about $35 million with 200 jobs.  Mayor Tim Wheelwright, Pleasant
View City, expressed thanks to the commissioners and to Ron
Kusina, Executive Director, Weber County Redevelopment Agency (RDA), for their efforts on this
project. He said that there were substantial benefits to the county and State, though comparatively
not as great for the City, which felt it was being asked to share a disproportionate amount of the
risk, however, this was a result of the system’s structure and the way cities received their share of
property and sales taxes. He said they had heard the Commission’s concerns and the City was
doing its best to estimate infrastructure costs. Regarding sanitary sewer capacity, he stated that
the City could not do it alone without the county’s financial assistance and felt justified in
bringing it to the Commission because it potentially benefitted more than the City. The City is
excited about working with the Boyer Company and expects to be entering into a consulting
agreement with them shortly. The City is committed to making sure this is a project that all
elected officials and constituents can be proud of.

Mr. Kusina stated that the Agency expense account was basically that percentage of the new tax
increment that will go to the RDA. About 1/3 of the tax increment will go to other resources such
as the Olene Walker Public Housing Trust (20%), a 10% immediate flow through to all taxing
entities, a 3% for administration, and the remaining 67% is for the Agency expense account.
These three projects will provide about $11.3 million in available tax increment for RDA expenses
over 12 years. Of this amount about $1.5 million is allocated for infrastructure expenses, $4.055
million for land buy-down, and $275,000 for other incentive-related expenses. These initial
expenses, after financing for 12 years @ 5.5%, total $8,108,441 and leave a balance of $3,206,910
of available increment for additional infrastructure payments. There is a $1.5 million commitment
from a federal grant to offset costs. The current cost estimate for phase 1 infrastructure is $4.182
million, less the Federal EPA grant $1,500,000. These three projects at closing at the front end
will give the RDA about $1.596 million which added to the uncommitted increment total $4.8
million to use to fund the infrastructure. Mr. Kusina said that at the end of 12 years, if all the
figures remain as in the current plan, there will be $1.132 million in the bank to fund phase two.
The amount of money needed will be borrowed from a bank for each individual project to finance
the land and the infrastructure.

Mr. Kusina noted that there were two scenarios for financing. These three projects would generate
revenue over the 12 year period, and with the additional property that is available could generate
about $20 million in increment over 12 years.

Commissioner Cain noted that essentially they were asking the county to be in third position on
a payment plan that would never exceed $300,000-$400,000, but the City needed to validate its
figures for the entire project, meet with the County Comptroller to review those figures, meet with
David Wilson, Deputy County Attorney, regarding that positioning of the county would take place
legally, and resolve the sewer issue. Chair Dearden said that the Commission supported this
project.

F. Action Items:

7. Request for approval of an Ordinance of the Board of County Commissioners of
Weber County adopting the State Boating and Water Code for Weber County

8. Request for approval of an Ordinance of the Board of County Commissioners of
Weber County adopting the State Off-Highway Vehicle Code for Weber County

9. Request for approval of an Ordinance of the Board of County Commissioners of
Weber County adopting the State Wildlife Resources Code for Weber County

David Wilson, Deputy County Attorney, stated that this was the first reading and the ordinances
would be adopted next week.

Reed Richards, Deputy County Attorney, stated that several years ago the State had withdrawn
from patrolling the waters at Pineview Reservoir, which they had been doing for many years. The
Weber County Sheriff agreed to take on that responsibility. Per State Code, enforcement efforts
relating to water violations, fish and game, and off-highway vehicles (i.e., single person watercraft
used in lakes), is normally the responsibility of State park rangers and all fines imposed on these
violations go to the State. However, the Code provides for counties wishing to draft their own
ordinances for off-highway vehicle and boating violations to do so and counties can then cite
under those ordinances. Weber County hereby creates its own ordinances that adopt the same
violations that are part of State law. Those cases that are already enforced by the County Sheriff’s
Office are also being handled by the county’s prosecutors, the Justice Court, and the Weber
County Jail, thus it is prudent to keep that money in the county.

Weber County Sheriff Brad Slater stated that with the decrease of State park rangers to operate the
water craft, there was a reduction in response capability and this was a cooperative agreement for
boating enforcement between the U.S. Forest Service, Utah Parks and Recreation, and the Sheriff’s
Office. He addressed Commissioner Bischoff’s question stating that previously the county
received none of the funds. Chair Dearden gave some history of this issue and stated that the
Sheriff’s Office was doing a great job patrolling the waters of Pineview. Sgt. Lassiter addressed
the average number of boats on the reservoir, the types of violations, and stated that the average
fine on the reservoir was about $125.00. Mr. Richards stated that the State would still receive the
surcharge on the fines.
Commissioner Cain moved to approve the first reading of the above ordinances and to move them
to second reading next week; Commissioner Bischoff seconded, all voting aye.

1. Contract with the Utah State Governor’s Office for the administration of grant
funds awarded to assist in the development of Sensitive Lands, Transfer of
Development Rights, and Resort Recreation ordinances in response to goals &
objectives of the Ogden Valley General Plan 1998 - Contract C2006-35

See following item, F.2. Jim Gentry, County Planning Department Director, stated that the county
had received a grant this year in the amount of $10,000 from the Quality Growth Commission to
write the ordinances recommended as part of the Ogden Valley General Plan and the recreation
element. Mr. Gentry addressed Chair Dearden’s questions stating that the county would be
requesting additional money for other ordinances if money was available this year.
Commissioner Cain moved to approve Contract C2006-35 by and between Weber County and the
Utah State Governor’s Office for the administration of grant funds awarded to assist in the
development of sensitive lands, transfer of development rights, and resort recreation ordinances
in response to goals and objectives of the Ogden Valley General Plan, 1998; Commissioner
Bischoff seconded, all voting aye.

2. Contract with Bio-west Inc. for planning services in conjunction with the grant
from the Utah State Governor’s Office - Contract C2006-36

See above item, F.1. This contract is in the amount of $30,000—$20,000 will come from the
county, and $10,000 from the Quality Growth Commission’s grant. Bio-West had been awarded
a contract to do the recreation element ordinances for the Ogden Valley General Plan. The
original bid for the ordinances was about $75,000. The county obtained the above grant and will
be doing a lot of the work in-house to bring that cost down to $30,000. Commissioner Bischoff
commended the County Planning Department in obtaining these funds. Commissioner Cain noted
that the Quality Growth Commission had attempted to utilize the grant
funds by spreading it over the State and that was why Weber County was only receiving $10,000.
The county recently made a presentation to the Quality Growth Commission in the Ogden Valley
and they were very impressed and gained a good understanding of the challenges in the Valley.
A stakeholders committee will be formed to create the recreation element plan.
Commissioner Cain moved to approve Contract C2006-36 by and between Weber County and
Bio-west Inc. for planning services in conjunction with the grant from the Utah State Governor’s
Office; Commissioner Bischoff seconded, all voting aye.

 

3. Approval of the list of polling places for the 2006 election cycle

Scott Hogensen, County Elections Administrator, stated that these were all the potential polling
places that could be used in the 2006 election cycle. There are 90 locations and some may not be
used individually.
Commissioner Bischoff moved to approve the list of polling places for the 2006 election cycle;
Commissioner Cain seconded, all voting aye.

4. Public Improvement Deferral (curb, gutter & sidewalk) for the proposed Shaw’s
Acres amended subdivision located at 2550 South and 3500 West

Scott Mendoza, County Planning Department, stated that this subdivision would consist of three
lots and would have a combined total frontage of approximately 968 feet (includes the corner at
2550 and 3500 W.). The Planning Commission recommended final approval of this item
requiring installation of curb, gutter and sidewalk because this subdivision was approximately 3/4
of a mile away from Kanesville Elementary. They felt it was a starting point to commence these
improvements. The petitioner felt that the improvements should be installed at some future point
when there was a more complete plan for the walking route between his subdivision and the
elementary school, but not at this time when no other properties in that area had them.

Mr. Mendoza referred to a map showing the current deferrals in this region. Commissioner Cain
asked if none of the other properties that he showed along 3500 W. currently had any curb, gutter
and sidewalk and Mr. Mendoza replied this was correct, including the school. Commissioner
Bischoff asked if a strip of these improvements were installed now would they match future
improvements. Mr. Mendoza said this issue had been discussed briefly at the Planning
Commission and Curtis Christensen, County Engineer, stated that generally this should not be a
problem in this location and that currently there were existing drainage ditches which allowed for
grade adjustment. Mr. Mendoza pointed out parcels on a map that had potential to be developed
in the future and those that had development. Commissioner Bischoff asked if it was prudent to
request these improvements now and Mr. Christensen felt these could be installed without being
damaged in the future. He added that there was a 20-acre parcel immediately to the west which
had potential for development in the near future. Sewer is available in this area and could
potentially damage curbing. Commissioner Cain asked if it was reasonable to put in sidewalk
without curb and gutter and Mr. Christensen responded that this could be done.

Roger Shaw, the property owner, showed some pictures indicating the intersection, the drain
ditches, the power poles, etc., and noting that there were no improvements between his property
and the school. He said that there was no drain ditch on the east side of the road and indicated the
ditch on 2550 S. heading west that carried all the water from the canal about one mile up the road
and down to the intersection at 3500 S. He stated that he was being asked to pipe in this ditch,
noting the power lines on his side of the road, but that there were no drain ditches or power poles
on the other side of the road. He only wanted to build one house for his daughter, not a
subdivision, and this request gained no safety.

Commissioner Bischoff asked if students were bused to school and Mr. Mendoza said the
elementary school students had to walk. Mr. Mendoza said that if the deferral was granted, the
requirement to pipe the ditches and do the grading to bring the side of the right-of-way up to one
foot of the asphalt elevation would still be required. Commissioner Bischoff noted the dilemma
of these issues and that perhaps there should be additional discussion with the School District.
Commissioner Cain said that the Planning Commission minutes seemed to indicate they were as
conflicted as the County Commission. She explained that Weber School District had appeared
before the Commission requesting they start requiring curb, gutter and sidewalk within 1 ½ miles
of schools, and that they begin to be consistent. At that time the commissioners agreed to begin
requiring these improvements and to attempt to formulate a comprehensive plan for areas where
they did not exist. She expressed concern that Kanesville Elementary itself did not have the
infrastructure there. The commissioners discussed completing the plan, evaluating the sites
around the schools, and meeting with the School District about their plans to make sure schools
were safer and how to work together. Commissioner Cain noted that Mr. Shaw felt that if
sidewalk was to be installed now, it should be on the opposite side of the street, not where the
power lines were, and this issue should be part of the discussion. Mr. Christensen said that UP&L
had a franchise with Weber County and had agreed to move the utilities if there is a county project
in the area.
Commissioner Cain moved to grant final approval of this subdivision, deferring curb, gutter and
sidewalk for the Shaw’s Acres amended subdivision located at approximately 2550 South and
3500 West until a comprehensive plan can be put in place; Commissioner Bischoff seconded, all
voting aye.

 

5. Resolution of the Board of Commissioners of Weber County acting for itself and
in its capacity as the governing authority of the district to establish an
Administration Control Board and delegate certain powers to that board to
govern operations of the Weber Area Dispatch 911 and Emergency Services
District - Resolution 4 -2006

See next item, F.6. David Wilson, Deputy County Attorney, stated that because code was not very
clear a resolution would be adopted by the county commissioners in both capacities as the
Governing Authority of the District and as County Commissioners.

Mr. Wilson stated that last year at the request of municipalities within the county the Commission
created a special district for 911. It was created under Chapter 13 where the Commission becomes
the governing authority. Also at the request of those municipalities, a proposition to allow funding
of 911 through a tax was put on the November election ballot and was approved by the voters.
Today’s item authorizes an administrative control board and in a second resolution (following this
item) the commissioners appoint the first members of that board. Mr. Wilson outlined the
provisions in this resolution written under the commissioners’ direction. The Commission gives
authority to the administrative control board to carry out the day-to-day operations, authorizes the
Board to ratify appointment and use of an Operations Advisory Committee to aid the Board in
developing regulations for the Board’s approval to govern those day-to-day operations, and, acting
as the governing authority of the District the Commission retains the sole authority to borrow
money and incur indebtedness.
Commissioner Bischoff moved to adopt Resolution 4-2006 of the Board of Commissioners of
Weber County acting for itself and in its capacity as the governing authority of the District to
establish an Administration Control Board and delegate certain powers to that board to govern
operations of the Weber Area Dispatch 911 and Emergency Services District; Commissioner Cain
seconded.
Roll Call Vote:
Commissioner Cain. . . . . . . . . . . . . . . . . . . . . . . . . .aye
Commissioner Bischoff. . . . . . . . . . . . . . . . . . . . . . . .aye
Chair Dearden. . . . . . . . . . . . . . . . . . . . . . . . . . .aye


6. Resolution of the Board of County Commissioners of Weber County acting for
itself and in its capacity as the governing authority of the district appointing the
initial members of the Weber Area 911 and Emergency Services District
Administrative Control Board - Resolution 5-2006

See above item. David Wilson, Deputy County Attorney, stated that this resolution appoints the
original members of the Administrative Control Board and sets their terms:
Board Member Term Expiration
Craig L. Dearden December 2010
Chris Zimmerman December 2008
Blaine Holmes December 2008
George Garwood December 2008
Bruce Burrows December 2010
Leonard Call December 2010
Mike Mathieu December 2008
Commissioner Bischoff moved to adopt Resolution 5-2006 of the Board of Commissioners of
Weber County acting for itself and in its capacity as the governing authority of the District
appointing the initial members of the Weber Area 911 and Emergency Services District
Administrative Control Board; Commissioner Cain seconded.
Roll Call Vote:
Commissioner Cain. . . . . . . . . . . . . . . . . . . . . . . . . .aye
Commissioner Bischoff. . . . . . . . . . . . . . . . . . . . . . . .aye
Chair Dearden. . . . . . . . . . . . . . . . . . . . . . . . . .aye


G. Assign Pledge of Allegiance & Thought of the Day for Tuesday, April 4, 2006, 10 a.m.

H. Public Comments:

I. Adjourn
Commissioner Bischoff moved to adjourn at 12:05 p.m.; Commissioner Cain seconded, all voting
aye.


Craig L. Dearden, Chair
Weber County Commission

Linda G. Lunceford, CPO
Weber County Clerk/Auditor