Minutes for 2007-03-13, Direct pdf link.

MINUTES OF THE BOARD OF COMMISSIONERS OF WEBER COUNTY
Tuesday, March 13, 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: Jan M. Zogmaister, Vice Chair, and Craig L. Dearden. Kenneth A. Bischoff,
was excused.

Others Present: Alan D. McEwan, Clerk/Auditor; David C. Wilson, Deputy County Attorney; Fátima
Fernelius, Clerk/Auditor’s Office, took minutes.

A. Welcome - Vice Chair Zogmaister
B. Pledge of Allegiance - Mike Caldwell
C. Thought of the Day - Vice Chair Zogmaister

D. Consent Items:
1. Purchase Orders in the amount of $260,286.38
2. Ratify Warrants #223525-# 223746 for $2,729,605.53 for March 6, 2007, less #223580 for
$1,600
3. Warrants #223747-#223951 for $1,157,796.96, less #223882 for $2,850.00
4. Minutes for the meeting held on February 27, 2007
5. Request from the Department of Operations to surplus a Toro Riding Mower
6. Set public hearing date for April 3, 2007, 6 p.m., on ZP #14-2006 by Dave Lesley to amend
Zoning Ordinance, Chapter 6, “Agricultural A-2 Zone” to allow up to 6 employees as part of a
home occupation with visiting clientele
7. Set public hearing date for April 3, 2007, 6 p.m., on ZP #10-06 by Lisa Karam to rezone property
at the southwest corner of Old Snow Basin Road from CV-2 to CVR-1
8. New Business License Applications
9. Request from the Weber County Sheriff’s Office to surplus Ruger Mini 14 Rifles
Commissioner Dearden moved to approve the consent items as presented; Commissioner
Zogmaister seconded, both voting aye.

E. Presentations:

1. Flag Presentation

Jerry Goodspeed, Director of Utah State University Extension Service, noted that this was the
Extension’s 100 year anniversary for extension services in the State of Utah, which was the first
state to have an extension agent. Mr. Goodspeed presented the County Commission with the flag
that had been flown over the United States Capitol for the Utah State University Extension’s
centennial anniversary.

2. Introduction of the new Miss Weber County, Heidi Scadden

Stacy Skeen, Weber County Fair, presented Ms. Scadden, who had been crowned last month and
who would compete for Ms. Utah in June. Commissioner Zogmaister noted that Ms. Scadden had
performed very well in several areas and congratulated her. Ms. Scadden said that she was excited
to represent the community. 3. Presentation of Seal of Service Award to Linda Lee

Commissioner Zogmaister read the nomination that had been submitted by Ms. Lee’s peers. Chief
Jerry Cook, Weber County Correctional Facility, Ms. Lee’s supervisor, stated hat her work ethic
and ability to help others was exemplary and she was very deserving of this recognition. The
commissioners congratulated Ms. Lee and Commissioner Zogmaister presented Ms. Lee with an
obelisk, a Seal of Service pin, $50 and a plaque.

4. Presentation of the Annual Wildlife Property in Lieu of Taxes check

Ron Hodson, Regional Supervisor of Wildlife Resources in Ogden, introduced himself to the
Commission, outlined some of the programs run by Wildlife Resources and invited the
commissioners’ participation. He presented the annual payment to the Commission for Wildlife-
owned property in the county in lieu of taxes in the amount of $8,150.84.

F. Action Items:

1. Contract with Duck Enterprises, LLC/Robert Duck to have Duck Races at the 2007
Weber County Fair - Contract C2007-50

Stacey Skeen, Weber County Fair, stated that this contract was to host the duck races at the 2007
Weber County Fair. The contract amount was $3,800.00.
Commissioner Dearden moved to approve Contract C2007-50 by and between Weber County and
Duck Enterprises, LLC/Robert Duck to have duck races at the 2007 Weber County Fair;
Commissioner Zogmaister seconded, both voting aye.

 

2. Interlocal Cooperative Agreement with Utah State University and Ogden City
to fund educational opportunities at the Ogden Botanical Gardens

See item F.3. below. David Wilson, Deputy County Attorney, stated that there was no Interlocal
Agreement for approval but that this item and the funding for the project was included in the next
item. Utah State University’s accounting office will bill Ogden City, Weber County, and Utah
State University at $30,000 for the term through December 31, 2007.

3. Cooperative Agreement with Utah State University for Extension educational
work - Contract C2007-51

See item F.2 above. Jerry Goodspeed, Director of University of Utah Extension Service of Weber
County, noted that this agreement for Extension educational work had been in place for many
years.
Commissioner Dearden moved to approve Contract C2007-51, contract to fund educational
opportunities at the Ogden Botanical Gardens and for Extension educational work; Commissioner
Zogmaister seconded, both voting aye.

 

4. Approval of RAMP Tax Advisory Board funding recommendations

Candadai Seshachari, RAMP Tax Advisory Board Chair, presented the recommendations for the
second year of RAMP. He said that the recommendation for this year totaled about $2.74 million.
WACOG had voted to forward the recommendations to the County Commission.
Commissioner Dearden moved to approve the RAMP Tax Advisory Board’s funding
recommendations; Commissioner Zogmaister seconded, both voting aye.

 5. Contract with the Utah Hispanic Match Racing for horse races to be held on
March 17, 2007 at the Golden Spike Event Center - Contract C2007-52

Jim Harvey, GSEC, presented this standard contract.
Commissioner Dearden moved to approve Contract C2007-52 by and between Weber County and
the Utah Hispanic Match Racing for horse races to be held on March 17, 2007 at the Golden Spike
Event Center; Commissioner Zogmaister seconded, both voting aye.

6. Contract with Davis Derby Dames for a Ladies Roller Derby to be held on April
21, 2007 at the Golden Spike Event Center - Contract C2007-53

Jim Harvey, GSEC, presented this standard contract.
Commissioner Dearden moved to approve Contract C2007-53 by and between Weber County and
Davis Derby Dames for a Ladies Roller Derby to be held on April 21, 2007 at the Golden Spike
Event Center; Commissioner Zogmaister seconded, both voting aye.

 

7. Contract with Salzburger Echo for the 2008 Hof Winterfest to be held January
18-19, 2008 at the Golden Spike Event Center - Contract C2007-54

Jim Harvey, GSEC, presented this standard contract.
Commissioner Dearden moved to approve Contract C2007-54 by and between Weber County and
Salzburger Echo for the 2008 Hof Winterfest to be held January 18-19, 2008 at the Golden Spike
Event Center; Commissioner Zogmaister seconded, both voting aye.

 

8. Discussion/Action on appeal of Western Weber County Planning Commission’s
decision to deny a Conditional Use Permit for Frog Pond Preschool

Justin Morris, County Planning Department, stated that this request (CUP #02-07) by Julie Della
Lucia was for a preschool to operate five days/week from 9 a.m.-12 p.m., with two staff and 15
children. The Planning Commission had recommended denial due to the road width. Two county
departments also had issue with the road width, which had various widths from about 18 ft. to 13.6
ft. Mr. Morris showed pictures of the road. Since the Planning Commission meeting, a letter was
received from the Fire District retracting their requirement for 20 ft. asphalt width.

Curtis Christensen, County Engineer, stated that this was a substandard county road in that the
asphalt width and improvements did not meet the typical county standards as Mr. Morris had
already shown. A standard road in a rural cross-section would be a 24 ft. asphalt strip width with
4 ft. gravel shoulders on both sides. This was far from meeting that and Mr. Christensen noted
safety issues. The 13.6 ft. width was too narrow for two cars to pass, causing them to go onto the
shoulders and this would be particularly dangerous if someone was walking or biking on the
shoulders. He stated that several years ago the County Commission had adopted an ordinance that
limits further development onto these substandard roads–no extensions off of these roads are
allowed and Mr. Christensen wondered if this commercial use was also an extension, stating that
the Commission would have to determine that. Engineering’s opinion was that this proposal would
place additional uses and pressures on this road. Commissioner Zogmaister asked if the
requirement had been less than the 24 ft. width when this road was originally constructed and Mr.
Christensen was not certain if any requirement had been in place at that time and said that it might
have been an old trail and some asphalt had been laid to help the few residents that lived there.
Jim Gentry, County Planning Director, noted he was not even certain it was a county road. The
petitioner said that it was a county road and was snowplowed.  The petitioner had a traffic study
conducted by A Trans Transportation Engineering, which found
that with the traffic of the existing eight houses on that road and with the traffic that the proposal
would be generating, they would be utilizing about 1.5% of the road usage, that the roadway
capacity was not a concern, no roadway improvements appeared necessary and the trip generation
was below 100 daily trips. She said that there was no traffic congestion and noted that one of the
UDOT engineers, Brandy Wright, though not the one who conducted the study, along with patrons
of the preschool were present. Ms. Wright stated she was also a parent of a child in the pre-school
and understood the road was substandard but did not see justification to require improvements
when the business would not increase the capacity enough to change the use of the roadway.

The petitioner said that there was another preschool in the area that had been granted a license and
which road was not as wide as the proposal’s road and Commissioner Zogmaister asked for that
location. Garilyn Nelson, owner of the proposed facility, stated it was 4790 W. 500 S.
Commissioner Dearden noted the other preschool’s road was 3 ft. wider than the proposal’s. Ms.
Nelson said that the road narrowing occurred beyond the preschool, not before it. Mr. Christensen
stated that many of the ITE manuals (referred to by the petitioner) all assumed that there is traffic
going both in directions and traffic lanes were usually a minimum of 10 ft. asphalt surface and this
was what his office was using. He said there was not much traffic there, but noted the dilemma
of whether to wait until there was the right-of-way to provide the additional necessary widening
or whether to put in the businesses at this time before the right-of-way was available.

Commissioner Dearden asked if the 15 children was the maximum number and why had the Fire
District changed its opinion. The petitioner clarified this request was for a preschool and stated
that she would never have above 15 children/day for five days/week. She said that after the Fire
Marshall visited the site he had indicated everything was fine except the need for a fire hydrant.
She then met with the Taylor West Weber Water District, and had been told it would serve no
purpose to install a hydrant because of the water pressure and that there were two other hydrants
fairly close. She read a portion of the letter from the Fire Marshall which said that subsequently
he had reviewed the original request to install fire hydrant and found that it was not practical at this
time and withdrew the requirement. Ms. Nelson noted that one of the fire hydrants (two houses
down from the proposed facility) had been omitted from the Water District’s list of hydrants, thus
the Fire Marshall had not been aware of it until later. Commissioner Dearden read a portion of the
Planning Commission minutes indicating the petitioner was to return to that commission if there
was a new opinion from the Fire District. He wished to speak with the Fire Department and have
some questions answered, including those regarding road width, as well as to have staff’s concerns
addressed before making a decision. Ms. Nelson indicated that the Fire Marshall had picked up
someone in a fire truck on the subject road and had said he had no problems. This item was held
until next week and the commissioners explained that process to the petitioner.

9. Final approval of Lucero Subdivision Second Amendment (3 lots) located at
approximately 6010 S. Wasatch Drive

Sean Wilkinson, County Planning Department, showed an area map of this subdivision which
contained approximately 2.78 acres in South Ogden. All required improvements had been
completed and County Engineering concerns had been addressed. He said that there was an
agreement put in place in 2003 between the petitioner and the county which stated the petitioner
agreed to reimburse the county for the installation of street improvements in the amount of
$34,065.70. The Planning Commission unanimously voted to recommend final approval of this
item on 10/10/2006.Commissioner Dearden moved to grant final approval of Lucero Subdivision Second Amendment
(3 lots) located at approximately 6010 S. Wasatch Drive; Commissioner Zogmaister seconded,
both voting aye.

 

10. Final approval of North Fork Meadows Cluster Subdivision, 12 lots, located at
approximately 5150 North 3100 East, with a financial guarantee of $157,397.96

Scott Mendoza, County Planning Department, showed area maps of this subdivision in the Liberty
area. This subdivision will consist of 29.7 acres (averaging just under one acre) with about 1,000
ft. of public road improvements. The petitioner had requested a variance to the standard asphalt
width from 31 ft. to 26 ft. with a rolled gutter rather than a high-back curb. The Ogden Valley
Planning Commission unanimously recommended to approve this item. Commissioner Dearden
referred to the Planning Commission minutes regarding public concerns about adjacent wells and
Mr. Mendoza said that County Engineering generally reviewed these issues very closely and they
had not put any limits on this plat concerning basements; the CC&Rs required drains around the
foundations as part of home construction; and the well that was on the Atkins property was
producing such a large volume that they did not feel it would affect adjacent wells. Referring also
to the Planning Commission minutes, Commissioner Zogmaister asked who would be responsible
for keeping the river banks cleaned up to protect the subdivision and Mr. Mendoza responded it
would be the Homeowners Association.
Commissioner Dearden moved to grant final approval of North Fork Meadows Cluster
Subdivision, 12 lots, located at approximately 5150 North 3100 East, with a financial guarantee
of $157,397.96; Commissioner Zogmaister seconded, both voting aye.

 

11. Contract with the State of Utah, Department of Corrections (UDOC), to provide
laundry service - Contract C2007-55

Matt Bell, stated that this was a renewal to do the UDOC’s laundry at the Kiesel facility and this
contract had worked out well through employing some inmates. The term is for five years and the
$1,200.00/year cost increase is to include laundering of blankets. The county does about two
loads/week.
Commissioner Dearden moved to approve Contract C2007-55 by and between Weber County and
the State of Utah, Department of Corrections, to provide laundry service; Commissioner
Zogmaister seconded, both voting aye.

 

G. Assign Pledge of Allegiance & Thought of the Day for Tues., March 20, 2007, 10 a.m.

H. Public Comments: None

I. Adjourn
Commissioner Dearden moved to adjourn; Commissioner Zogmaister seconded, both voting aye.

 

Kenneth A. Bischoff, Chair
Weber County Commission

Alan D. McEwan, CPA
Weber County Clerk/Auditor