Minutes for 2006-10-24, Direct pdf link.

MINUTES OF THE BOARD OF COMMISSIONERS OF WEBER COUNTY
Tuesday, October 24, 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; 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 - Fátima Fernelius
C. Thought of the Day - Chair Dearden

D. Consent Items:
1. Purchase Orders in the amount of $100,591.65
2. Warrants #218767-219020 in the amount of $2,257,002.18
3. Minutes for meetings held on October 3, October 10, and October 17, 2006
4. Request for approval of a Quit Claim Deed in Rocky Point Holdings, LLC
Commissioner Bischoff moved to approve the consent items as presented; Commissioner Cain
seconded, all voting aye.

E. Action Items:

1. Resolution appointing a Weber County Representative and an Alternate for
the Utah Counties Insurance Pool Annual Membership Meeting - Resolution 25-
2006

David Wilson, Deputy County Attorney, presented this item.
Commissioner Cain moved to adopt Resolution 25-2006 appointing Commissioner Kenneth A.
Bischoff as the Weber County representative and Commissioner Craig L. Dearden as the alternate
representative for the Utah Counties Insurance Pool annual membership meeting; Commissioner
Bischoff seconded.
Roll Call Vote:
Commissioner Cain. . . . . . . . . . . . . . . . . . . . . . . . . .aye
Commissioner Bischoff. . . . . . . . . . . . . . . . . . . . . . . .aye
Chair Dearden. . . . . . . . . . . . . . . . . . . . . . . . . . .aye



2. Final approval of Allen Estates Subdivision Phase 2 (15 lots) and acceptance of
a financial guarantee for $369,621.85

Sean Wilkinson, County Planning Department, stated that all the requirements had been
completed or were included in the financial guarantee, the County Engineer’s concerns had been
addressed, and the Planning Commission had unanimously recommended final approval on April
11, 2006.
Commissioner Bischoff moved to grant final approval of the Allen Estates Subdivision Phase 2
(15 lots) and acceptance of a $369,621.85 financial guarantee; Commissioner Cain seconded, all
voting aye.

 

 3. Appointing a member to the Hooper Cemetery District

The commissioners discussed the applications received. Commissioner Bischoff serves with one
of the applicants, Mark Wayment, on another board and knows of Mr. Wayment’s hard work
ethics and community involvement. He noted that other applicants would do a great job as well.
Commissioner Bischoff moved to appoint Mark Wayment to the Hooper Cemetery District;
Commissioner Cain seconded, all voting aye.

4. Agreement for Management of the Ogden Eccles Conference Center by/among
SMG, Inc., a Pennsylvania General Partnership, the Ogden Eccles Conference
Center Board, Weber County, Ogden City& Weber State University - Contract
C2006-173

Chair Dearden outlined the selection process, which had been ongoing for a few months. Four
management companies responded to the Request for Proposals, thereafter interviews were
conducted, and SMG, Inc. was selected. The agreement will next go before the other entities.
Commissioner Cain moved to approve Contract C2006-173, Management Agreement for the
Ogden Eccles Conference Center by and among SMG, Inc., a Pennsylvania General Partnership,
the Ogden Eccles Conference Center Board, Weber County, Ogden City and Weber State
University subject to additional language by the County Attorney’s Office including date
insertions, protected names and tax language; Commissioner Bischoff seconded, all voting aye.

 

5. resolution providing for the conduit financing by Weber County (the “Issuer”)
of the refinancing of certain facilities that are located in Weber County in
order that the Dr. W.C. Swanson Foundation (the “Borrower”) may be provided
with the facilities to promote the general health and welfare; authorizing and
providing for the issuance by the Issuer of its not to exceed $2,750,000 Business
Development Revenue Bonds (Swanson Foundation Project), Series 2006, which
will be payable solely from the revenues arising from the pledge of a loan
agreement with the Borrower; and related matters - Resolution 26-2006

Randy Larsen, of Ballard Spahr, stated that Ballard Spahr was acting as bond counsel to the
county for this conduit financing. The County held a public hearing on this item on October 3
after appropriate publication in the newspaper. This resolution approves the execution of a loan
agreement between the county and the Swanson Foundation. The loan payments will be the sole
security and there is no liability to the county. Mr. Larsen noted that Ty Burgess, of Wells Fargo
Bank, was present to address questions on the terms of the bonds.
Commissioner Bischoff moved to adopt Resolution 26-2006 providing for the conduit financing
by Weber County, Utah (the “Issuer”) of the refinancing of certain facilities that are located in
Weber County, Utah in order that the Dr. W.C. Swanson Foundation (the “Borrower”) may be
provided with the facilities to promote the general health and welfare; authorizing and providing
for the issuance by the Issuer of its not to exceed $2,750,000 Business Development Revenue
Bonds (Swanson Foundation Project), Series 2006, which will be payable solely from the revenues
arising from the pledge of a loan agreement with the Borrower; and related matters; Commissioner
Cain seconded.
Roll Call Vote:
Commissioner Cain. . . . . . . . . . . . . . . . . . . . . . . . . .aye
Commissioner Bischoff. . . . . . . . . . . . . . . . . . . . . . . .aye
Chair Dearden. . . . . . . . . . . . . . . . . . . . . . . . . . .aye



F. Public Hearings:

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

2. Public hearing to discuss the proposed issuance by the County of its industrial
development bonds in an aggregate principal amount of not to exceed $6,000,000

Ron Kusina, Executive Director of the Weber County Redevelopment Agency, noted that
Brandon Johnson, of Chapman & Cutler, Attorney representing U.S. Holdings, was present. Mr.
Kusina stated that U.S. Holdings, a Florida based company, approached the RDA for the purpose
of an expansion project; they wish to purchase and renovate a facility in the Weber Industrial
Park and transfer a significant portion of their U.S. fabrications operations to Weber County.
U.S. Holdings desires to use the county’s name to issue conduit bonds in order to receive tax
exempt bonds. Mr. Kusina reported that there were no direct local companies that U.S. Holdings
would be competing against. Chair Dearden noted that the county would not be financially liable
in any way on this issue. He invited public comments and none were offered.

3. Continuation of public hearing on Zoning Petition ZP#07-2006 by Sherrie Dohrer
to amend the County Zoning Ordinance to allow cooking classes, weddings,
family reunions & similar events as part of Bed & Breakfast Inns in FV-3 zone

Chair Dearden noted that the public hearing had been continued because the Dohrers had not
been able to be present. Kevin Hamilton, County Planning Department, stated that the
petitioners were requesting that bed and breakfast inns in the FV-3 zone be allowed to expand
their use to include small weddings, business conferences and other types of day uses. The
Planning Commission recommended denial with one dissenting vote. He said that a major
concern for the Planning Commission was traffic. One consideration was whether the size of
these events should be limited to ensure adequate parking and access from county and State
highways. The Planning Commission did not want every area along the main highways turning
into a commercial strip, preferring commercial areas to be in nodes, and that the highways not
be impeded by people turning in and out of businesses. He noted that the current ordinance
permits a recreation lodge as a conditional use in the FV-3 zone, which allows up to 16 people
and some of the accessory uses being requested.

Celeste Canning, representing Pat & Sherrie Dohrer of Snowberry Inn, said that up to 24 people
could be accommodated inside the Inn. Prior to the Dohrer’s acquisition of this property, and
for the past 10 years, this property had functioned as a bed and breakfast and as such hosted
weddings, small family reunions, baby and bridal showers, etc., both for those staying at the Inn
and others, and were by invitation only. The Dohrers purchased the property believing these uses
were permitted within the zoning and when they found out otherwise, they filed this petition.

Ms. Canning stated that the Dohrers were sensitive to traffic concerns and wanted to preserve
the rural atmosphere of the Ogden Valley. The capacity for indoor events is small, resulting in
about 10-15 cars, events are generally held during off peak traffic hours and if coming from out
of the Valley the traffic would be coming up the canyon which would be in a direction not
heavily traveled. About 2/3 of the people using the Inn are Valley residents that host events there
rather than at their homes, and if these events were held in cluster subdivisions parking all the
vehicles at one home would be difficult. Outdoor events would accommodate about 75 people
(resulting in about 25-50 cars), and would typically be held during a Saturday. The Inn is located
along a piece of highway that is fairly straight for a substantial distance in both directions offering
good visibility/good line of sight. She stated that the Inn would require no changes either to the
building or grounds to accommodate their request and would maintain the rural character. It is
well set back from the road, parking would all be off road, generally behind the building, but some
may be in their driveway. Bed and breakfast inns are a listed conditional use in the FV-3 Zoning
Ordinance and the amendment would be only to that particular section. Ms. Channing, a Valley
resident, had observed that the Inn was a community resource and felt that an amendment could
be drafted that met the General Plan requirements.

Commissioner Cain asked about complaints and Ms. Dohrer said they had never received any.
They live on this 5-acre parcel and those who sold them the property live above them and the
neighbors next to them help with the events. Ms. Dohrer stated that she and her husband wanted
to conduct the business appropriately and to be respected in the community.

Chair Dearden asked about limiting the number of people at an event and about additional parking
requiring asphalt. Ms. Dohrer said that because she and her husband were the two main people
running the small business, they personally did not want to handle large events. Mr. Hamilton said
that public parking required asphalt. Currently, they have an asphalted parking area.
Commissioner Bischoff noted that it was a 5-acre parcel and asked if there was room to expand.
Mr. Hamilton responded that to expand they could apply for a recreational lodge, an allowed
conditional use in the FV-3 zone, which permits up to 16 sleeping rooms. Ms. Dohrer would like
to offer classes to the community during off peak seasons, she had plans to limit to 50 people
attending the events, recognizing that there may be some extras and a listed number of 75 would
give them leeway, she planned to make it an R.S.V.P. only, and to hand out the Inn’s policies and
procedures to patrons, including the suggestion to car pool. Commissioner Bischoff noted that,
understanding the general sizes of weddings in Utah they would not host many and Ms. Dohrer
said that was correct. Commissioner Cain stated that in the eight years of tenure with the county
she had not received any complaints and Commissioner Bischoff also said he had not.

Chair Dearden expressed concern with the two-lane highway with a speed limit of 50 m.p.h. and
no turning lane. Ms. Dohrer reiterated that there was adequate time and good line of sight. Mr.
Hamilton was not aware of accidents in the past 13 years from people turning into the Inn and
Chair Dearden also was not aware of any. Mr. Hamilton said that the conditional use permit would
require the petitioner to obtain a letter from UDOT granting the access–this was the current
standard requirement. UDOT is trying to limit the number of accesses onto major highways for
safety reasons. Chair Dearden invited public comments and none were offered.

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

5. Action on public hearings:

F.2. - Resolution authorizing issuance & sale of up to $6,000,000 of Industrial
development Bonds (U.S. Holdings Manufacturing Facility Project), Series 2006
- Resolution 27-2006
Commissioner Bischoff moved to adopt Resolution 27-2006 authorizing the issuance and sale of
not to exceed $6,000,000 Industrial Development Revenue Bonds (U.S. Holdings Manufacturing
Facility Project), Series 2006 of Weber County, fixing certain maximum terms for the Bonds; and
related matters; Commissioner Cain seconded.
Roll Call Vote:
Commissioner Cain. . . . . . . . . . . . . . . . . . . . . . . . . .aye
Commissioner Bischoff. . . . . . . . . . . . . . . . . . . . . . . .aye
Chair Dearden. . . . . . . . . . . . . . . . . . . . . . . . . . .aye



F.3. - Zoning Petition #07-2006 by Sherrie Dohrer to amend the Weber County
Zoning Ordinance to allow cooking classes, weddings, family reunions and similar
events as part of a Bed and Breakfast in the FV-3 zone

Commissioner Cain asked why not place conditions on this business instead of the broader
amendment and Mr. Hamilton said that currently the bed & breakfast inn regulations did not allow
for these additional uses.
Commissioner Cain believed that this specific use in controlled group sizes, managed by the inn
keeper, was consistent with the recreational uses in resort/hospitality programs that the county was
working so hard to extend in Weber County, particularly in the Ogden Valley, that this was an
asset.

Commissioner Cain expressed concern about the parking requirement and asked Mr. Hamilton to
keep in mind that in this specific conditional use there was an aesthetic quality that needed to be
maintained and that the petitioners should not have to pave their entire yard to park 50-75 cars.
She said that in a rural setting there was an aesthetic quality that people were seeking and if they
wanted to be in a downtown paved community they would go there; all that asphalt would ruin the
aesthetic quality. Mr. Hamilton said that was a separate ordinance, but the issue had come up
before and he would review it and present some alternatives to the Commission.
After discussion on this item, the Commission indicated general agreement on approving some
changes to the ordinance requested by the petitioner. The proposed amendments would specify
the type of events to be allowed, the maximum number of attendees, etc. Commissioner Bischoff
moved to direct planning staff to draft an ordinance reflecting the proposed changes and submit
it to the commission for review; Commissioner Cain seconded, all voting aye.

 

G. Assign Pledge of Allegiance & Thought of the Day for Tues., October 31, 2006, 10 a.m.

H. Public Comments: None

I. Adjourn
Commissioner Bischoff moved to adjourn at 10:54 a.m.; Commissioner Cain seconded, all voting
aye.

 

Craig L. Dearden, Chair
Weber County Commission

Linda G. Lunceford, CPO
Weber County Clerk/Auditor