Minutes for 2006-11-28, Direct pdf link.

MINUTES
OF THE BOARD OF COMMISSIONERS OF WEBER COUNTY
Tuesday, November 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: David C. 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 - Doug Dickens
C. Thought of the Day - Commissioner Cain

D. Consent Items:
1. Purchase Orders in the amount of $41,117.65
2. Warrants #220439 - #220665 in the amount of $1,848,314.52
Commissioner Bischoff moved to approve the consent items; Commissioner Cain seconded, all
voting aye.

E. Presentation of the following officers being promoted to Sergeant:
Lead Officer G. Alton Johnson
Lead Officer Chad Slater
Corrections Officer David MacInnes
Presentation of the following officers being promoted to Lieutenant:
Sgt. Jewel Fuchs
Sgt. Frosty McWilliams
Sgt. Matthew Bell

Weber County Sheriff Brad Slater recognized the newly promoted officers, and their spouses pinned
on the new insignia. The commissioners congratulated and thanked the officers for their diligence and
hard work.

F. Action Items:

1. Contract with Kottage Kupboard for a Mothers Day Boutique to be held May 9-
12, 2007 at the Golden Spike Event Center - Contract C2006-189

2. Contract with Kottage Kupboard for Corn Stalks & Pumpkins Craft Show to be
held October 3-6, 2007 at the Golden Spike Event Center - Contract C2006-190

3. Contract with Kottage Kupboard for the Candy Lane Craft Show to be held
November 14-17, 2007 at the Golden Spike Event Center - Contract C2006-191

Jim Harvey, GSEC, presented items F.1, 2 and 3 together because they are essentially the same
contract for different dates.
Commissioner Bischoff moved to approve Contracts C2006-189, C2006-190 and C2006-191, for
the dates indicated, by and between Weber County and Kottage Kupboard; Commissioner Cain
seconded, all voting aye.

4. Contract with the Utah Gun Collector’s Association for a gun show to be held
on January 13 and 14, 2007 at the Golden Spike Event Center - Contract C2006-192

5. Contract with the Utah Gun Collector’s Association for a gun show to be held
March 10 and 11, 2007 at the Golden Spike Event Center - Contract C2006-193

6. Contract with the Utah Gun Collector’s Association for a gun show to be held
October 13 and 14, 2007 at the Golden Spike Event Center - Contract C2006-194

7. Contract with the Utah Gun Collector’s Association for a gun show to be held
January 5 and 6, 2008 at the Golden Spike Event Center - Contract C2006-195

8. Contract with the Utah Gun Collector’s Association for a gun show to be held
October 11 and 12, 2008 at the Golden Spike Event Center - Contract C2006-196

Jim Harvey, GSEC, presented items F.4, 5, 6, 7 and 8 together as they are essentially the same
contract for different dates.
Commissioner Cain moved to approve Contracts C2006-192 through C2006-196 by and between
Weber County and the Utah Gun Collector’s Association for gun shows to be held on the indicated
dates at the Golden Spike Event Center; Commissioner Bischoff seconded, all voting aye.

 

9. Request to approve first reading of proposed Weber County Purchasing Ordinance

This item was held for two weeks.

10. Request to approve Final reading of Weber County Comprehensive Animal
Control Ordinance

This item was held for two weeks.

11. Approval of Zoning Petition ZP #11-05 amending the Uniform Land Use Ordinance
of Unincorporated Weber County - Chapter 9C Commercial Valley Resort
Recreation Zone CVR -1 - Ordinance 2006-24

Kevin Hamilton, County Planning Department, stated that a public hearing had been held on this
item in September 2006 and section 9C-5 of the ordinance needed to be revised because it had a
limited use size of 8,000 sq. ft. The Planning Commission had left that section to the County
Commission’s discretion. Mr. Hamilton addressed the commissioners’ questions, including that
this amendment had not gone back to the Planning Commission because it was not required. This
amendment gives the Planning Commission the authority to find that the building meets the
recreation criteria and that it is not the primary use.
Commissioner Bischoff moved to adopt Ordinance 2006-24 amending the Uniform Land Use
Ordinance of Unincorporated Weber County, Chapter 9C Commercial Valley Resort Recreation
Zone CVR -1; Commissioner Cain seconded.
Roll Call Vote:
Commissioner Cain. . . . . . . . . . . . . . . . . . . . . . . . . .aye
Commissioner Bischoff. . . . . . . . . . . . . . . . . . . . . . . .aye
Chair Dearden. . . . . . . . . . . . . . . . . . . . . . . . . . .aye



12. Continuation of October 3, 2006 appeal of Planning Commission decision to deny
CUP #04-2006 by Brad Kelley for a used car lot and ATV sales, located at
approximately 5402 E. 2200 N., Eden

Sean Wilkinson, County Planning Department, stated that the County Commission heard this
appeal on October 3, 2006 and requested additional time to further review this item.

Mr. Wilkinson said that the petitioner was appealing the decision of the Planning Commission to
deny his petition for a used car lot and ATV sales on property that is zoned CV-2, which lists
automobile (new or used) sales and service and motorcycle/motor scooter sales and service as a
conditional use. The petitioner was proposing up to 13 cars and 25 ATVs on the lot, which would
operate from 10 a.m. to dusk, Monday through Saturday. The building and parking are existing
and no new construction would be required. The petitioner had submitted a new site plan,
including landscaping and parking plans which met the Zoning Ordinance requirements. The
parcel was originally rezoned from A-1 to C-1 in 1968 for the purpose of establishing the Eden
Post Office. The Planning Commission at that time felt that this parcel would make a good site
for a commercial zone. This created an island of commercial property between agricultural and
residential uses, which was still the case today. This parcel is surrounded by AV-3 zoning. Two
homes exist within several hundred feet of the property. A small commercial node exists to the
east of this parcel. The 1998 Ogden Valley General Plan did not identify this area for expansion
of a commercial node.

After the Post Office moved, the existing building was used as a video store and an insurance
office. The latter was not permitted in a C-1 zone but a permit was issued in error and the property
was rezoned to C-2 in 1997 to accommodate that use. When the insurance office moved, the
county could have taken action at that time to rezone the property back to C-1, but this did not
occur and the 1998 Ogden Valley General Plan showed this property as a CV-2 zone and any
permitted or conditional use in the CV-2 zone could be proposed to the Planning Commission.

The car/ATV lot proposal on this parcel was originally submitted in 2003 and was eventually
denied by the Planning Commission. Mr. Wilkinson said that decision was upheld by the County
Commission on March 9, 2004 but the findings from those meetings should not be used to
determine the outcome of this appeal, which should be based on minutes from Planning
Commission meetings held for this appeal as well as comments from the October 3, 2006 meeting.

The petitioner made changes to the original project based on the Planning Commission’s
recommendations and submitted this new proposal, CUP #04-2006, on March 28, 2006 but they
declined to hear this proposal stating there was not sufficient new information to rehear it. The
petitioner appealed that decision to the County Commission, which overturned it on May 16, 2006
and sent it back to the Planning Commission to hear the item. The Planning Commission denied
petition CUP #04-2006 based on the following:
• it is not a necessary or desirable service/facility in the neighborhood and does not contribute to
the general well-being of the community
• it is not compatible with or complimentary to exiting surrounding uses, which are primarily
residential
• the commercial use was in place before the General Plan was adopted
• there are questions about deterioration of the environment, particularly noise & light pollution

There is an existing pole sign on the property constructed prior to the current ordinance that
prohibits it and it has not been used in over one year due to the vacancy of the property. The
current ordinance states that wherever a non-conforming use has been discontinued for a period
of one year it shall not thereafter be re-established and future use shall be in conformance with the
ordinance.

Mr. Kelley, petitioner, responded to the Planning Commission’s basis for denial: he had submitted
a new landscaping plan to improve the property, he planned to work with County Engineering to
ensure water management on the property; he would work with county staff on lighting and do
what they requested; he would lock and cable all vehicles, and if necessary, would fence the
property; regarding noise, he said that some of the ATVs were only 70 decibels and most of the
diesel trucks on the road were about 78+; there is now a pathway on the other side of the road for
people to walk; there are 26 ft. between parking stalls which are 66 ft. long, and if necessary, he
could take the vehicles out of the stalls making them 46 ft. by 66 ft.
At the time he originally submitted his petition, the Planning Commission had approved a new
piece of commercial property by the Maverick store and had wanted him to move there but he
could not afford it; the Planning Commission had recently approved boat and personal watercraft
rentals and that presenter had talked with several recreational businesses in Ogden Valley that had
given letters indicating how important that was for their patrons, and he felt there was a definite
need for his business in the Valley. The General Store, which is building three rental units on their
park, a real estate office and two schools are in the area. The Montessori School has purchased the
2.54 acres behind the real estate office and the school and built a fence 68 ft. toward his property
which reduced the distance between his property line and the real estate office to 411 ft.; there are
no buildings on the north side of the road; there are 7 acres of farmland owned by the Huggins
Trust on the east of this property. On the other side of the property directly across from the real
estate office there are two homes and directly across the street from his property there is a 3.01
acres for sale and that person stated being in favor of this project at the Planning Commission
because it would value his property with the upgraded landscaping, etc.

Mr. Kelley had acquired a zoning development agreement to zone from C-1 to C-2 at a substantial
cost. He had been required to resurface the parking lot but to redo the landscaping he would have
to cut out what he just put in within the last year and a half. He did not feel that this type of
business would cause more pollution than any other permitted business in that area. He believed
there was great potential for his services. He said that once the school developed on their 2.5 acres
there would only be one parcel between his and their property making this a natural corridor for
commercial expansion. Currently these are allowed in his property: a car rental agency, a lawn
service business, lawn mower sales and service, any rental agency for home and garden equipment,
a roofing sales or shop, and an automobile gas service station. He felt that what he was asking for
was not too far from the permitted uses.

Commissioner Cain asked that the homes near this proposal be shown on the map and Mr.
Wilkinson pointed them out. Mr. Kelley said that directly west they were 240 ft. away and the last
house was almost directly across from the real estate office, the west property could not be built
up any more (1.6 acres), and from the real estate office to his property there were no houses. Mr.
Kelley pointed out on the map where the cemetery was located.

Chair Dearden noted that Mr. Kelley was not planning to have test driving on his lot. Mr. Kelley
said he had just been notified he could not rent ATVs, but his core business would be sales.
Commissioner Bischoff said that this issue was difficult because of its history: this item was heard
by the Planning Commission, Mr. Kelley was given some items to rectify with the property, which
he did, but then the Planning Commission did not want to rehear it, the County Commission then
sent it back asking that the Planning Commission hear it, and the Planning Commission gave a
different list of items to rectify. These items may have been more valid then the original ones and
he wondered why they had not come up in the original Planning Commission meeting rather than
the superficial ones that they did not care about. Commissioner Bischoff said that what would
determine a need for this business would be its success and that should be evident rather quickly.
His concern was the location of the project, if in fact it affected the residential area. Regarding
noise, he noted that there was a road going by that had hundred of cars traveling on it.

Commissioner Cain did not feel this request was complimentary to the surrounding uses, that it
was not consistent with the General Plan or met the burden of proof. She could understand how
rental of vehicles could be allowed in this area but not sales. Chair Dearden said that the ATVs
were a big concern for him. Mr. Kelley referred to all those businesses that were permitted there
that would create noise, and reiterated that this project was not a detriment to the residential
neighborhood, that it was at least 240 ft. away on one side and 400+ on the other side, and the
people across the street were in favor of it. Commissioner Cain said that she was not concerned
with the noise factor as a reason to decline the proposal but rather with the use of the property–that
car sales was not supportive to rural environmental use, and the reason those uses were provided
under different delineations in the ordinance was probably because uses such as lawn mower sales
supported residential property use. Mr. Kelley noted that if people did not want to support it, the
business would not succeed and he asked the Commission to give the citizens in the Valley a
chance to decide. He stated that the parcel was isolated, and even though the Planning commission
did not want any business in there, at some point there would be, but it was impossible to talk with
the Planning Commission for they would not listen.
Commissioner Cain moved to uphold the Planning Commission’s decision to deny CUP #04-2006
by Brad Kelley for a used car lot and ATV sales, located at approximately 5402 E. 2200 N., Eden;
Chair Dearden seconded; Commissioner Bischoff voted nay.

 

G. Adjourn Public Meeting until 3:00 p.m.
Commissioner Bischoff moved to adjourn the public meeting until 3:00 p.m.; Commissioner Cain
seconded, all voting aye.

H. Reconvene Public Meeting at 3:00 p.m. (Continuation on action items)
Commissioner Cain moved to reconvene the public meeting; Commissioner Bischoff seconded,
all voting aye.

13. Resolution of the Board of Commissioners of Weber County, Utah (the “Issuer”)
finalizing the terms and conditions of the issuance and sale by the Issuer of its
Sales Tax Revenue Bonds Series 2006 (new library) - Resolution 30-2006

Chair Dearden noted how important it was that the county had recently received the AAA sales
tax revenue bond rating through Standard & Poor’s, that it was a great opportunity to save the
citizens money, and thanked Alan Westenskow, of Zions Bank Public Finance, acting as county
financial advisor, for his assistance in this endeavor. Mr. Westenskow said that the county
managed its finances well. He stated that the county had sold the bonds on one of the lowest days
in the history of bonds and he outlined this process. The security for the bonds is the sales tax and
Mr. Westenskow showed that the county had sufficient money for this issue. He said that only
$6.95 million of bonds was issued but the county ended up getting almost $400,000 of premium
because of the way this was structured. This will give $7.25 million to the construction fund and
he thanked the underwriter for their hard work. The true interest cost is 4.257% for this 20-year
bond. John Crandall, George K. Baum Company Sr. Vice President, thanked the Commission for
this opportunity to serve as underwriter on the bonds. He pointed out that Weber County’s yields
were lower than other Utah entities in recent bond issues. Chair Dearden thanked him for all his
efforts.
Commissioner Bischoff moved to adopt Resolution 30-2006 of the Board of Commissioners of
Weber County, Utah (the “Issuer”) finalizing the terms and conditions of the issuance and sale by
the Issuer of its Sales Tax Revenue Bonds Series 2006; Commissioner Cain seconded.
Roll Call Vote:
Commissioner Cain. . . . . . . . . . . . . . . . . . . . . . . . . .aye
Commissioner Bischoff. . . . . . . . . . . . . . . . . . . . . . . .aye
Chair Dearden. . . . . . . . . . . . . . . . . . . . . . . . . . .aye


I. Assign Pledge of Allegiance & Thought of the Day for Tues., December 5, 2006, 6 p.m.

J. Public Comments: None

K. Adjourn
Commissioner Cain moved to adjourn; Chair Dearden seconded, both voting aye.

Craig L. Dearden, Chair
Weber County Commission

Linda G. Lunceford, CPO
Weber County Clerk/Auditor