Minutes for 2007-03-20, Direct pdf link.

MINUTES OF THE BOARD OF COMMISSIONERS OF WEBER COUNTY
Tuesday, March 20, 2007 - 10:00 a.m.
Commission Chambers, Weber Center, Ogden, Utah
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, Jan M. Zogmaister, and Craig L. Dearden.

Others Present: Monette Hurtado, Deputy County Attorney; Fátima Fernelius, Clerk/Auditor’s Office,
took minutes.

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

D. Consent Items:
3. Minutes for the meeting held on March 13, 2007
Commissioner Dearden moved to approve the March 13, 2007 minutes; Commissioner
Zogmaister seconded, both voting aye; Chair Bischoff abstained because he had been absent from
the meeting.

1. Purchase Orders in the amount of $532,867.17
2. Warrants #223952 - #224151 in the amount of $2,736,200.92
4. Request from the Recorder/Surveyor’s Office to surplus 2 Sharp copiers
Commissioner Zogmaister moved to approve the above consent items; Commissioner Dearden
seconded, all voting aye.

E. Presentation of “The Certificate of Achievement for Excellence in Financial
Reporting” Award to Weber County Government for the Comprehensive Annual
Financial Report prepared by the Clerk/Auditor’s Office for year ending 12/31, 2005

This item was postponed to next week.

F. Action Items:

1. Equipment Financing Capital Lease to provide financing to purchase a new dump
truck and a used asphalt roller for the Roads Department & 18 vehicles for Fleet
Management - Resolution 17-2007, Contract C2007-56

Dan Olsen, County Comptroller, stated that there had been a bid process and Wells Fargo was the
low bidder. This is a 3-year financing package for the various equipment for a total of
$453,363.00 at 4.55% interest rate. Commissioner Zogmaister asked what was the model year of
the vehicles to be purchased and Mr. Olsen responded they were 2005 vehicles.
Commissioner Dearden moved to adopt Resolution 17-2007 approving Contract C2007-56,
Equipment Financing Capital Lease, to provide financing to purchase a new dump truck and a
used asphalt roller for the Roads Department and 18 vehicles for Fleet Management;
Commissioner Zogmaister seconded.
Roll Call Vote:
Commissioner Zogmaister. . . . . . . . . . . . . . . . . . . . . . .aye
Commissioner Dearden . . . . . . . . . . . . . . . . . . . . . . . .aye
Chair Bischoff . . . . . . . . . . . . . . . . . . . . . . . . . .aye





2. Action on an appeal of the Western Weber County Planning Commission’s decision
to deny a Conditional Use Permit for Frog Pond Preschool

Justin Morris, County Planning Department, noted that this item had been discussed at length last
week and had been held over to today to allow Commissioner Dearden’s questions to be answered
regarding the Fire Marshall’s decision reversal on requirements. Mr. Morris noted that County
Planning and Engineering staff also had previously expressed concerns regarding 3600 W. being
too narrow to accommodate the traffic along the section where the preschool would be located.
Previously, there was an agricultural testing lab at that facility and this was a change in use.

Commissioner Dearden, had met with Fire Marshall Ted Black and explained that when the Fire
Marshall receives site plans on a proposed business he sends a letter out regarding requirements.
The petitioner then has an opportunity to appeal to his concerns and/or make amends.
Commissioner Dearden said that it appeared the Planning Commission had based its decision on
the Fire Marshall’s first letter, however, it was not until after the Planning Commission denied the
item that the petitioner met with the Fire Marshall who subsequently visited the site. He felt the
business would meet all the code requirements and had sent out the second letter rescinding his
initial decision. Chair Bischoff noted that the Fire Marshall should visit the sites and have all the
information prior to rendering a decision. Commissioner Zogmaister had visited the area and did
not feel the traffic from this new business would negatively impact the neighbors. Commissioner
Dearden noted that Julie Della Lucia, petitioner, had stated at the last meeting that she would not
exceed 15 children and she again concurred.
Because of additional information received by the County Commission from the Fire Marshall,
Commissioner Zogmaister moved to approve the Conditional Use Permit for Frog Pond Preschool
with a limit of 15 students, as agreed by the petitioner; Commissioner Dearden seconded, all voting
aye.

 

3. Ordinance amending the Uniform Land Use Ordinance of Unincorporated Weber
County to allow small events, such as weddings, family reunions, business
retreats and art/cooking classes, not to exceed 75 participants and not more than
4 events held per calendar month, and only when conducted as an accessory use
to an approved bed and breakfast inn in the FV-3 zone - Ordinance 2007-7

Jim Gentry, County Planning Department Director, stated that a few months ago (see 10/10 &
10/24/2006 County Commission minutes) staff had been directed to prepare the ordinance and it
was now before the Commission. Commissioner Dearden asked how to enforce the ordinance and
Mr. Gentry said that it would be complaint driven at which point the Conditional Use site plan
would need to be amended to show additional uses or the Conditional Use Permit could be
revoked. Commissioner Zogmaister asked if the FV-3 zone allowed sufficient parking for the new
use and Mr. Gentry stated that the petitioner would have to amend the site plan to show how the
parking would accommodate this use.
Commissioner Dearden moved to adopt Ordinance 2007-7 amending the Uniform Land Use
Ordinance of Unincorporated Weber County to allow small events, such as weddings, family
reunions, business retreats and art/cooking classes, not to exceed 75 participants and no more than
4 events held per calendar month, and only when conducted as an accessory use to an approved
bed and breakfast inn in the FV-3 zone; Commissioner Zogmaister seconded.
Commissioner Zogmaister. . . . . . . . . . . . . . . . . . . . . . .aye
Commissioner Dearden . . . . . . . . . . . . . . . . . . . . . . . .aye
Chair Bischoff . . . . . . . . . . . . . . . . . . . . . . . . . .aye




4. ordinance rezoning property at approximately 1900 North 5900 East from
Shoreline S-1 to Agricultural AV-3 - Ordinance 2007-8

Jim Gentry, County Planning Department Director, stated that the County Commission had heard
public comments on this item (on 1/9/2007) and had directed staff to prepare the ordinance, which
he presented today.
Commissioner Zogmaister moved to adopt Ordinance 2007-8 rezoning property at approximately
1900 North 5900 East from Shoreline S-1 to Agricultural AV-3; Commissioner Dearden seconded.
Commissioner Zogmaister. . . . . . . . . . . . . . . . . . . . . . .aye
Commissioner Dearden . . . . . . . . . . . . . . . . . . . . . . . .aye
Chair Bischoff . . . . . . . . . . . . . . . . . . . . . . . . . .aye



5. adopting Title 37, ordinance adopting a local option transportation corridor
preservation fee; providing for repealer; providing for severability; and
providing for an effective date - Ordinance 2007-9

Commissioner Zogmaister stated that the county conducted its own regional transportation plan
and according to that plan the estimated costs for needed right-of-way widening and new
construction based upon 2006 figures would be $172,257,360.00. The county currently does not
have funds available for corridor preservation and would not be able to secure property for needed
future roads and planning if property became available.

In 2006 the Legislature authorized counties to implement a fee of up to $10 on each motor vehicle
registration within the county. Commissioner Zogmaister said that the Commission had studied
this issue very closely since then, and she explained the process for utilizing the funds.
Commissioner Dearden echoed Commissioner Zogmaister’s comments stating that the county
initially had concerns and had declined to participate at that time, waiting to see how it played out.
Statutory changes had been made and the Commission now felt comfortable with the law. In
January 2007 all the mayors at a WACOG meeting, along with the commissioners, had discussed
this. All the mayors voted in favor of the county implementing this corridor preservation fee,
which will generate approximately $1.5 million within the first year. It was estimated that, based
upon the last 25 years appreciation, it will cost the county 2.5 times what it would cost today.
Thus, at some point the county will need to expend the money but it will be much more costly to
do it in the future.

Some of the projects currently on the plan and in need of this funding include the north Legacy
corridor, Mountain Road, Skyline Drive, Monroe Blvd., and some UDOT projects such as Wall
Avenue, 4700 W., Midland Drive, and the U.S. Highway 89 interchange. The commissioners
addressed a public question by Connie Chandler who expressed her opposition to this fee. She
asked if the Commission was approving the fee today, and then asked if they had held a public
hearing on it. The commissioners explained that public hearings were not required on this item.
Chair Bischoff noted that the county had to implement this before April 2007 to qualify for
matching State funds and if it proved not to be a wise decision, the Commission could rescind it.
Commissioner Zogmaister moved to adopt Ordinance 2007-9 adopting Title 38, ordinance
adopting a local option transportation corridor preservation fee of $10.00 per vehicle; providing
for repealer; providing for severability; and providing for an effective date of July 1, 2007;
Commissioner Dearden seconded.
Commissioner Zogmaister. . . . . . . . . . . . . . . . . . . . . . .aye
Commissioner Dearden . . . . . . . . . . . . . . . . . . . . . . . .aye
Chair Bischoff . . . . . . . . . . . . . . . . . . . . . . . . . .aye



G. Public Hearings:
1. Commissioner Dearden moved to adjourn the public meeting and convene the public hearings;
Commissioner Zogmaister seconded, all voting aye.

2. Public hearing for final approval of Powder Canyon at Wolf Creek P.R.U.D.

Justin Morris, County Planning Department, showed maps and a phase plan of this P.R.U.D.
consisting of 7.76 acres located at 3618 N. Wolf Creek Drive. It will consist of 60 units in 6
buildings, with one lockout sleeping room per unit (totaling 60), and 60% of the property to be set
aside as common space. Mr. Morris stated that this P.R.U.D. conformed to the Ogden Valley
General Plan, the architectural, landscape and screening standards, and parking. The Planning
Commission had unanimously recommended approval of the P.R.U.D. on 1/23/2007. Chair
Bischoff invited public comments and none were offered.

3. Public hearing to consider input from any interested person with respect to the
proposed issuance by City of Riverton, Utah (“Issuer”) of its hospital revenue
bonds in 1 or more series in an aggregate principal amount not to exceed
$50,000,000 with respect to certain health care facilities of IHC Health Services,
Inc. located in Weber County for purpose of financing, refinancing or providing
reimbursement for acquisition, improvement & equipping of such health care
facilities & considering for adoption a resolution approving issuance of the Bonds
for purposes of Section 147(f) of the Internal Revenue Code of 1986, as amended

Jim Matsumori, George K Baum & Company, stated that IHC wished to construct, renovate and
equip several health care facilities throughout the State of Utah and Riverton City had agreed to
be the conduit issuer for and in behalf of IHC. Mr. Matsumori outlined the items that needed to
occur in order for funds to be spent outside of Riverton City, including this public hearing and two
resolutions–(1) to authorize Riverton City to issue the bonds and (2) to enter into an Interlocal
Agreement with Riverton City allowing that to occur. He stated that IHC had earmarked $50
million to be used in Weber County for the McKay Dee facility. He added that IHC was the debtor
of the bonds and there was no financial risk to Weber County. Chair Bischoff invited public
comments and none were offered.

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

5. Action on public hearings:

A. Final approval of Powder Canyon at Wolf Creek P.R.U.D.
Commissioner Dearden moved to grant final approval of Powder Canyon at Wolf Creek P.R.U.D.;
Commissioner Zogmaister seconded, all voting aye.

B. Resolution authorizing execution & delivery by Weber County, Utah of an
Interlocal Cooperation Agreement, which will authorize the Issuer (the city
of Riverton) to issue a portion of the Bonds on behalf of the County and
certain other counties located in the State of Utah - Resolution 18-2007,
Contract C2007-57
Commissioner Zogmaister moved to adopt Resolution 18-2007 authorizing the execution and
delivery by Weber County of an Interlocal Cooperation Agreement, Contract C2007-57, dated
April 1, 2007, authorizing the issuer (City of Riverton) to issue a portion of the Bonds on behalf
of the County and certain other counties located in the State of Utah; Commissioner Dearden
seconded.
Commissioner Zogmaister. . . . . . . . . . . . . . . . . . . . . . .aye
Commissioner Dearden . . . . . . . . . . . . . . . . . . . . . . . .aye
Chair Bischoff . . . . . . . . . . . . . . . . . . . . . . . . . .aye



C. Resolution approving issuance of bonds by City of Riverton for the purposes of
Section 147(f) of Internal Revenue Code of 1986, as amended - Resolution 19-2007
Commissioner Zogmaister moved to adopt Resolution 19-2007 approving the issuance of bonds
by the City of Riverton for the purposes of Section 147(f) of the Internal Revenue Code of 1986,
as amended; Commissioner Dearden seconded.
Commissioner Zogmaister. . . . . . . . . . . . . . . . . . . . . . .aye
Commissioner Dearden . . . . . . . . . . . . . . . . . . . . . . . .aye
Chair Bischoff . . . . . . . . . . . . . . . . . . . . . . . . . .aye


H. Assign Pledge of Allegiance & Thought of the Day for Tuesday, March 27, 2007, 10 a.m.

I. Public Comments:

Connie Chandler (see item F.5. above) stated that never should three people be allowed to vote in
a tax, and by her definition the transportation corridor preservation “fee” was a tax. She noted that
the general public was busy earning their living and was not able to attend the meeting nor aware
of all those little “fees” that politicians were thinking up and putting onto the public, and that the
commissioners had known of this for a long time, thus had sufficient time to place it on the ballot.
Chair Bischoff said that it was not three people making a decision–that 15 mayors, some citizens
and the press had requested that this fee be adopted. The commissioners explained that this was
not a ballot issue and Ms. Chandler stated that to her it was as well as to a lot of the public. She
believed that anytime the citizens had to pay more money, the issue should be put on a ballot.
Commissioner Zogmaister reiterated that the Commission had studied this issue very closely and
noted that this fee was for those who registered vehicles.

J. Adjourn
Commissioner Dearden moved to adjourn at 10:44 a.m.; Commissioner Zogmaister seconded, all
voting aye.

 

Kenneth A. Bischoff, Chair
Weber County Commission

Alan D. McEwan, CPA
Weber County Clerk/Auditor