Minutes for 2006-09-05, Direct pdf link.

MINUTES OF THE BOARD OF COMMISSIONERS OF WEBER COUNTY
Tuesday, September 5, 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: David Wilson, Deputy County Attorney; Margarit Nersisian; Clerk/Auditor’s Office;
Fátima Fernelius, Clerk/Auditor’s Office, took minutes.

A. Welcome - Chair Dearden
B. Pledge of Allegiance - Shelly Halacy
C. Thought of the Day - Commissioner Cain

D. Consent Items:
1. Purchase Orders in the amount of $43,43,633.80
2. Warrants #217210 - #217454 in the amount of $764,869.60
3. Minutes for meeting held on August 29, 2006
4. Agreement for a Charitable Gift to the Weber County Library Development Funds-C2006-144
5. Special Warranty Deed to the Weber County Library Development Funds
6. New Business Licenses
7. Approval of ACH payment to US Bank for purchasing cards in the amount of $115.12
Commissioner Bischoff moved to approve the consent items; Commissioner Cain seconded, all
voting aye.

E. Proclamation declaring the fourth Monday of September as Family Day - A Day to
Eat Dinner With Your Children

Chair Dearden read the proclamation. The National Center on Addiction and Substance Abuse
at Columbia University has consistently found that the more often children and teenagers eat
dinner with their families the less likely they are to smoke, drink and use illegal drugs.

F. Presentation on “The Greatest Generation” Museum

M. Gary Hadfield, M.D., presented this new major attraction for Weber County and northern Utah
that was estimated to bring in enough tourist revenues to pay for itself within the first year. The
museum, to be located adjacent to the Aerospace Museum, is designed to honor our World War
II servicemen and women and those who supported them during the Great Depression. Utah
played a significant defense role during that War and the museum is to be a great teaching tool.
It is to be housed in a historic Clearfield home built of surplus lumber by Dr. Hadfield’s father,
Milton A. Hadfield, in 1937 during the Great Depression. Dr. Hadfield reviewed the various
proposed exhibits and the budget for the project. He asked for the county’s help with emergent
funds to get the project started and asked about RAMP funds. Candadai Seshachari, RAMP Tax
Advisory Board Chair, was present and was asked to exchange information with Dr. Hadfield. Dr.
Seshachari noted that it was a worthy project but he expressed some concerns about the project
qualifying at this stage.

Commissioner Cain asked if there was a board of directors and Dr. Hadfield said that he was now
forming a board. Commissioner Cain noted that while this appeared to be a very worthy cause the
county typically did not give contributions to foundations.
G. Action Items:

1. Ratify contract with Utah State Snowmobile Racing Association for Snowmobile
Grass Drags to be held at the Golden Spike Event Center on August 26, September
23 & November 11, 2006 - Contract C2006-145

Jim Harvey, GSEC, presented this standard contract stating that the contractor had met all the
obligations. Mr. Harvey addressed the commissioners’ questions about this type of racing.
Commissioner Bischoff moved to approve Contract C2006-145 ratifying the contract by and
between Weber County and Utah State Snowmobile Racing Association for Snowmobile Grass
Drags to be held at the Golden Spike Event Center on August 26, September 23, and November
11, 2006; Commissioner Cain seconded, all voting aye.

 

2. appointing four members to the RAMP Board

Candadai Seshachari, RAMP Tax Advisory Board Chair, stated that terms were expiring on this
board. The commissioners asked for additional time to consider the new appointment.
Commissioner Cain moved to reappoint Sylvia Cobabe, Jeanne Hall and Terry Davis to the RAMP
Board for 3-year terms; Commissioner Bischoff seconded, all voting aye.

3. approval of RAMP Board recommendations for small grants

Candadai Seshachari, RAMP Tax Advisory Board Chair, stated that this Board had approved a
number of small grants up to $2,000 for a total of $54,802.

The commission had asked that this board’s fiscal year coincide with the county’s fiscal year and
they will start with next year.
Commissioner Bischoff moved to approve the RAMP Board recommendations for small grants;
Commissioner Cain seconded, all voting aye.

4. Ordinance re-enacting the imposition and collection of Transient Room Taxes
including a rate increase from 3.0% to 4.1% - Ordinance 2006-16

David Wilson, Deputy County Attorney, presented items G.4 and G.5 together stating that the first
reading on both of these had occurred last week. One significant amendment is an increase from
3.0% to 4.1%. The legislature had approved an increase up to 4.25%.
Commissioner Cain moved to adopt Ordinance 2006-16 re-enacting the imposition and collection
of Transient Room Taxes including a rate increase from 3.0% to 4.1%; Commissioner Bischoff
seconded.
Roll Call Vote:
Commissioner Cain. . . . . . . . . . . . . . . . . . . . . . . . . .aye
Commissioner Bischoff. . . . . . . . . . . . . . . . . . . . . . . .aye
Chair Dearden. . . . . . . . . . . . . . . . . . . . . . . . . . .aye



5. Ordinance re-enacting the imposition and collection of Tourism, Recreation,
Cultural and Convention Taxes - Ordinance 2006-17

See item G.4 above. David Wilson, Deputy County Attorney, stated that this item dealt with the
“restaurant tax” of 1% and the short-term vehicle lease of 7%.
Commissioner Cain moved to adopt Ordinance 2006-17 re-enacting the imposition and collection
of Tourism, Recreation, Cultural and Convention Taxes; Commissioner Bischoff seconded.
Roll Call Vote:
Commissioner Cain. . . . . . . . . . . . . . . . . . . . . . . . . .aye
Commissioner Bischoff. . . . . . . . . . . . . . . . . . . . . . . .aye
Chair Dearden. . . . . . . . . . . . . . . . . . . . . . . . . . .aye



6. Appointing a member to the Ogden Valley Township Planning Commission

Jim Gentry, County Planning Department, stated that a member from this Commission had
resigned. The vacancy was advertised and 17 applications were received, with 10 applicants
coming from the Liberty/Nordic Valley area, and Chair Dearden read those names. Commissioner
Cain noted that a conflict of interest may occasionally arise on an issue for certain professions.
Commissioner Bischoff moved to appoint Gary D. Allen to the Ogden Valley Township Planning
Commission; Commissioner Cain seconded, all voting aye.

7. Appointing an Elected Official to the Boundary Commission

Jim Gentry, County Planning Department, presented the request to replace former County
Surveyor, Martin Moore, on the Boundary Commission.
Commissioner Cain moved to appoint Ernest Rowley, County Surveyor, to the Boundary
Commission; Commissioner Bischoff seconded, all voting aye.

8. Ratify a contract with the US Forest Service for a survey of Pineview boundary -
Contract C2006-146

Ernest Rowley, County Surveyor, stated that this was phase 4 of the contract with the U.S. Forest
Service for the past three years. The Forest Service operates on a different fiscal year and this has
been somewhat problematic, however, in their budget process, the Forest Service went through a
last minute approval for $10,000 to continue this contract. He addressed the commissioners’
questions including that these funds had been included in the Surveyor’s budget.
Commissioner Bischoff moved to approve Contract C2006-146 by and between Weber County and
the U.S. Forest Service for a survey of the Pineview boundary; Commissioner Cain seconded, all
voting aye.

 

9. Final approval of Pelican Bluff Subdivision located at 5405 E. 2200 N.

Sean Wilkinson, County Planning Department, stated that this subdivision, located in Eden,
consisted of two lots and all the required improvements had been completed. The Planning
Commission had unanimously recommended approval on May 23, 2006.
Commissioner Bischoff moved to grant final approval of Pelican Bluff Subdivision located at
approximately 5405 E. 2200 N.; Commissioner Cain seconded, all voting aye.

10. Final approval of The Highlands at Wolf Creek Phase 9 located at approximately
3651 Middle Fork Trail with a financial guarantee of $12,749.00

Sean Wilkinson, County Planning Department, stated that this was a 5-lot subdivision and
contained a 1.1 acre open space parcel. The road improvements for this phase were bonded for
as part of previous phases and this financial guarantee is for minor improvements. The Planning
Commission had unanimously recommended approval on May 23, 2006.
Commissioner Cain moved to grant final approval of The Highlands at Wolf Creek Phase 9 located
at approximately 3651 Middle Fork Trail and to accept a financial guarantee of $12,749.00;
Commissioner Bischoff seconded, all voting aye.

 

11. Request for consideration to become Body Politic for Moose Mountain
Subdivision in the Nordic Valley area

Curtis Christensen, County Engineer, stated that there was another development in this area that
had come in too late to be placed on the agenda on a similar issue and the Commission heard it
following this item.

 This subdivision is located at the easterly portion of the Nordic Valley area and its western
boundary goes into the Nordic Valley area. This area is somewhat close to the Wolf Creek
development and when the developers initially came in, County Engineering encouraged them to
visit with Wolf Creek Sewer District about accessing their facilities. Wolf Creek is in the process
of installing a high-level treatment facility.

This development is almost 150 lots and is to be done in phases. For the first phase they are
proposing a common drainfield, which is a temporary solution because it cannot handle the total
number of lots. After that they would have two options: 1) go into Wolf Creek or 2) build another
treatment facility similar to the facility Wolf Creek is constructing–a membrane filter-type facility
that would have a high quality effluent. At this time, the county would be the body politic for the
collection systems and possibly for the treatment facility.

Mr. Christensen stated that the petitioners were present. He addressed the commissioners’
questions stating that the State allowed between 40-50 lots into a common drainfield.
Commissioner Cain emphasized to the petitioners that it was the county’s desire to get out of the
sewer business.

Steve Roberts, Manager of Wolf Creek Sewer district, understood the Commission’s concerns.
At a recent board meeting, Ed Macauley, from the State, and Mr. Christensen had been present to
discuss this issue. Wolf Creek’s sewer system had been designed to expand to more than double
in size but they needed to make sure the system worked before going beyond their district, and they
had some issues to work out relating to the discharge of water. He said that Mr. Macauley
endorsed what they were doing and liked the fact that the treated wastewater would be Class A.

At Mr. McCully’s suggestion, the GEM Committee will be meeting this Thursday and Mr.
Roberts, along with others, had suggested that the GEM Committee form a subcommittee to
address this Valley-wide issue, knowing that the County Commission did not want many small
body politics. He noted that this was a very controversial subject.

Chair Dearden noted that when the county had received requests to be the body politic, they had
stipulated that if a sewer district was developed in Ogden Valley, they were to automatically go
into that district. Commissioner Cain said that the contract with Moose Mountain could include
that they either join Wolf Creek or become part of the Ogden Valley district, when it is formed.
Mr. Roberts was very much in favor of having regional systems and felt it would be helpful for the
Commission to encourage Moose Mountain to pursue working with Wolf Creek, which was open
to that idea but still needed to work out some issues. Commissioner Cain noted that the letter from
the Division of Water Quality indicated the State’s preference that Moose Mountain connect to the
new Wolf Creek facility if at all possible. David Wilson, Deputy County Attorney, suggested that
when new development is located adjacent to a district, the Commission should require formal
application for annexation. Mr. Roberts said that the request for annexation had been made to
Wolf Creek’s Sewer board but they had declined due to the reasons already stated, and at that time
Wolf Creek Sewer was still trying to receive approval from the State.

Brad Rasmussen, with Aqua Engineering, engineer with Wolf Creek’s project and working with
Moose Mountain, said that everyone realized it was best for Moose Mountain to connect into Wolf
Creek Sewer, however, Wolf Creek still needed to ensure its system was running properly and
Moose Mountain wanted to start their planning and developing now. Starting with approval for
47 homes bought some time while Wolf Creek built its plant.

Mr. Rasmussen felt that doing these plants was better than putting in septic tanks every 3 acres,
that it was good to have the GEMS Committee and their board doing some of the overall planning,
and it was best to get central sewer collection places now rather than to re-sewer all those areas
later. Commissioner Cain expressed support of Mr. Rasmussen’s concept forwarded to the GEM
Committee to form a subcommittee to work on the wastewater issue for the Ogden Valley.

The commission discussed becoming the body politic for this development if there was a
drainfield, but encouraged them to continue working with Wolf Creek Sewer for connection. Mr.
Christensen indicated that for Moose Mountain’s preliminary approval, the Planning Commission
would need to know that they could handle the 150 lots.
Commissioner Cain moved that the county become the body politic for Moose Mountain
Subdivision with the understanding that they connect to Wolf Creek Sewer or that they construct
their own plant with the county remaining the body politic until the Ogden Valley sewer district
is completed; Commissioner Bischoff seconded, all voting aye.

 

Discussion regarding a Proposed Request for a Body Politic

See item G.11 above. Curtis Christensen, County Engineer, stated that this site was about two
miles north of the above development and had about 50 lots proposed. They are proposing to put
in a collection system and a treatment plant at the bottom of the property. He believed it would
probably be a different type of plant initially and eventually could be expanded or someday come
into another county-wide district. It is to have high level of treatment, similar to what has been
approved above the Radford Hills area.

Hal Timmons, developer, said that this was a 130 acre parcel, 24 of which lie on the valley floor,
being preserved as an agricultural preservation area, of which 2-3 acres may be used for central
sewer collection. Commissioner Bischoff asked if he was planning to cluster and if it was 3-acre
zoning. Mr. Timmons replied he was going to cluster and it was 3-acre zoning.

12. Ordinance amending the Weber County Zoning Map by rezoning property in the
South Half of Section 22, Township 7 North, Range 1 East, Salt Lake Base &
Meridian at approximately 3718 N. Wolf Creek Drive from Commercial Valley CV-
2 to Commercial Valley Resort Recreation Zone CVR-1, from Commercial Valley
CV-2 to Open Space O-1 and from Open Space O-1 to Commercial Valley Resort
Recreation Zone CVR-1 - Ordinance 2006-18

Kevin Hamilton, County Planning Department, noted that a public hearing had been held on this
item on 8/29/2006. Commissioner Bischoff stated that this item had been discussed at length and
the direction had been for staff to prepare the ordinance. Mr. Hamilton said that a Zoning
Development Agreement might not be necessary for this item. Typically, a Zoning Development
Agreement is required when property is rezoned, however, the standard Zoning Development
Agreement does not fit this item well in that this is a down zoning and is more restrictive than the
petitioners currently have. He emphasized that the density was part of the Wolf Creek Master Plan
and that new density was not being created.
Because of the desire to develop the recreation areas and provide opportunities in those areas,
Commissioner Bischoff moved to adopt Ordinance 2006-18 amending the Weber County Zoning
Map by rezoning property at approximately 3718 N. Wolf Creek Drive from Commercial Valley
CV-2 to Commercial Valley Resort Recreation CVR-1, from Commercial Valley CV-2 to Open
Space O-1 and from Open Space O-1 to Commercial Valley Resort Recreation CVR-1;
Commissioner Cain seconded.
Roll Call Vote:
Commissioner Cain. . . . . . . . . . . . . . . . . . . . . . . . . .aye
Commissioner Bischoff. . . . . . . . . . . . . . . . . . . . . . . .aye
Chair Dearden. . . . . . . . . . . . . . . . . . . . . . . . . . .aye



13. Appointing two members to the Liberty Cemetery Board

Chair Dearden noted that two applications had been received.
Commissioner Cain moved to appoint Steven Thompson and Ronnie Chambers to the Liberty
Cemetery Board; Commissioner Bischoff seconded, all voting aye.

14. Request for Approval of Lease Agreement with Ogden Nordic for RAMP funded
Snowcat with Tiller

This item was held.

15. Contract with Secure Alert to lease electronic monitor equipment for
correctional use on qualifying inmates - Contract C2006-147

Chief Jerry Cook, Weber County Correctional Facility, gave some background on the case that
precipitated this contract stating that the offender, a long term alcoholic, had extensive medical
problems. The courts want to keep this individual under some supervision for an extended period
of time (about 6 months) and because the jail and its medical unit is not adequate has wanted the
county to look for some alternative. Secure Alert will lease the monitor equipment to the county.
The cost of the equipment is about $4,000 and the offender is ordered by the court to pay the
$8/day lease to the county and would be expected to pay for any equipment damages. This system
will allow the jail to track him 24 hours/day. This contract will be only be used for special cases.
Chief Cook stated that he did not have Appendix A of the contract at this time which outlined the
specific costs for the equipment.
Commissioner Cain moved to approve Contract C2006-147 by and between Weber County and
Secure Alert to lease electronic monitor equipment for correctional use on qualifying inmates
subject to final legal review; Commissioner Bischoff seconded, all voting aye.

 

H. Public Hearing:

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

2. Public hearing on Zoning Petition ZP #11-05 amending the Uniform Land Use
Ordinance of Unincorporated Weber County - Chapter 9C Commercial Valley
Resort Recreation Zone CVR-1. The amendments consist of changing area
requirements for uses and adding to and revising the lists of permitted and
conditional uses

Kevin Hamilton, County Planning Department, noted that the intent of the CVR-1 zone had been
to provide for commercial uses for the needs of those using the resort area and recreating, however,
over the years this zone has been used almost exclusively for condominiums, which is also
allowed. One of the reasons it had not been used for commercial uses in the past is that each
commercial use was required to have 1-acre of property and when people went to develop that
property they would want to have an adjacent restaurant, gift store, etc., and were not able to do
that without subdividing the property and creating 1-acre lots. However, they were allowed to
build condominium units in 7,500 sq. ft. of property for the first two units and then to have 2,000
sq. ft. for each additional unit.

These amendments are more flexible for those desiring to develop their CVR-1 zone. Several
appropriate recreation area uses were also added and some uses that were previously conditional
uses were moved to the permitted category, such as a sporting goods store. In its approval, the
Planning Commission did not specify the special area requirement for commercial uses. Mr.
Hamilton stated that it was not the intent of this zone to compete with the general commercial
zones. At the Planning Commission, they discussed a restaurant of about 8,000 sq. ft. in size and
the intent was to encourage multiple uses.

Commissioner Cain asked why the bed and breakfast had been changed from permitted to
conditional use and Mr. Hamilton replied that all other lodging type uses were conditional in that
zone and the desire was to encourage commercial development rather than lodging and residential.

Chair Dearden invited public comments and following is a summary: Steve Roberts, representing
Wolf Creek Properties, asked for clarification on the 8,000 sq. ft. of commercial space. The
language in the ordinance stated that “no individual commercial use shall exceed 8,000 sq. ft. of
floor space in any one building” and much discussion ensued. Mr. Hamilton emphasized that it
was “individual commercial use” and that the intent was that a ski shop and a small restaurant, for
example, could be in the same building, but no individual commercial enterprise could be over
8,000 sq. ft. Mr. Roberts would like very specific language so that when an issue comes before
the Planning Commission there would not be any question. He also addressed the issue of height
stating that the proposed language was at 25 ft. with conditional use permit required to go higher,
which could be debatable. He said that 25 ft. was going to restrict architecture and he would like
to see language to help Planning Commissioners.

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

4. Action on public hearing:

H.2. - Public hearing on Zoning Petition ZP #11-05 amending the Uniform Land Use
Ordinance of Unincorporated Weber County - Chapter 9C Commercial Valley
Resort Recreation Zone CVR-1

No action was taken on this item. This ordinance will be further reviewed and brought back before
the commission.

I. Assign Pledge of Allegiance & Thought of the Day for Tues., September 12, 2006, 10 a.m.

J. Public Comments: None

K. Adjourn
Commissioner Bischoff moved to adjourn at 11:55 a.m.; Commissioner Cain seconded, all voting
aye.

Craig L. Dearden, Chair
Weber County Commission

Linda G. Lunceford, CPO
Weber County Clerk/Auditor