Minutes for 2007-05-15, Direct pdf link.

MINUTES OF THE BOARD OF COMMISSIONERS OF WEBER COUNTY
Tuesday, May 15, 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: Alan D. McEwan, Clerk/Auditor; David C. Wilson, Deputy County Attorney; Fátima
Fernelius, Clerk/Auditor’s Office, took minutes.

A. Welcome - Chair Bischoff
B. Pledge of Allegiance - David Wilson
C. Thought of the Day - Chair Bischoff

D. Consent Items:
1. Purchase Orders in the amount of $306,493.81
2. Ratify Warrants #225455 - #225663 dated May 8, 2007 in the amount of $963,090.22
3. Warrants #225664 - #225865 in the amount of $1,794,179.13
4. Minutes for the meeting held on May 1, 2007
5. Request on Ordinance adopting fee changes - Item was moved under Action Items below
6. Request on Resolution appointing members to Eden Park Service Board - Item was removed
7. Request from Operations Department to surplus 12 Banner Poles - Item was held
8. Surplus computer equipment from the Information Technology Department
9. Approval of new Business Licenses
10. Formally adopting the name of Kingfisher Wetlands as the name of the Wetlands at Fort
Buenaventura Park/Old Landfill
Commissioner Dearden moved to approve the consent items as amended; Commissioner
Zogmaister seconded, all voting aye.

E. Action Items:

Ordinance adopting fee changes - Ordinance 2007-14

See item D.5. above. David Wilson, Deputy County Attorney, noted that representatives were
present from the various county departments. This ordinance reflected a couple of changes to
fees that included the Agriculture Protection Areas and Planning and Zoning. Jim Gentry,
Planning Department Director, stated that some minor increases had been added for copies of
items requested from his department. Mr. Wilson stated that the ordinance would be presented
next week for adoption.
Commissioner Zogmaister moved to adopt the first reading of Ordinance 2007-14 adopting fee
changes; Commissioner Dearden seconded.
Roll Call Vote:
Commissioner Zogmaister. . . . . . . . . . . . . . . . . . . . . . .aye
Commissioner Dearden . . . . . . . . . . . . . . . . . . . . . . . .aye
Chair Bischoff . . . . . . . . . . . . . . . . . . . . . . . . . .aye



1. Approval of contracts with the following for RAMP Grants:
A. Downtown Ogden Inc. - Contract C2007-129
B. Eccles Community Art Center - Contract C2007-130
3. Farr West Senior Center - Contract C2007-131
D. Golden Hours Senior Center - Contract C2007-132
E. Huntsville Town - Contract C2007-133
F. Marriott-Slaterville City - Contract C2007-134
G. Marshall White Community Center - Contract C2007-135
H. Military Order of the Purple Heart - Contract C2007-136
I. Ogden City - Contract C2007-137
J. Ogden Nordic - Contract C2007-138
K. Ogden Symphony Ballet - Contract C2007-139
L. Ogden Valley Basketball - Contract C2007-140
1. Ogden/Weber Community Action - Contract C2007-141
N. Plain City Arts Committee - Contract C2007-142
O. Project Success - Contract C2007-143
P. Roy City - Contract C2007-144
Q. Roy Historical Museum - Contract C2007-145
R. South Ogden City - Contract C2007-146
S. Treehouse Museum - Contract C2007-147
T. Tri-County Independent Living Center - Contract C2007-148
U. Union Station Foundation - Contract C2007-149
V. Washington Terrace City - Contract C2007-150
W. Weber State Foundation - Contract C2007-151
X. West Warren Park - Contract C2007-152

Seshachari Candadai, RAMP Tax Advisory Board Chair, stated that these grants totaled $59,750.
Commissioner Dearden moved to approve the above listed RAMP contracts C2007-129 through
C2007-152; Commissioner Zogmaister seconded, all voting aye.

2. Ordinance amending Title 4, the Building Code, of the Weber County Ordinances,
by updating the Uniform Codes - Ordinance 2007-15

Craig Browne, County Building Inspection Department, presented this update. He addressed the
commissioners’ questions regarding fees and clarification will be made to 4.1.9.6 to address
refunds less costs incurred. The ordinance will be presented next week for final reading.
Commissioner Zogmaister moved to adopt the first reading of Ordinance 2007-15 for amendments
to Title 4, the Building Code of the Weber County Ordinances by updating the Uniform Codes;
Commissioner Dearden seconded.
Roll Call Vote:
Commissioner Zogmaister. . . . . . . . . . . . . . . . . . . . . . .aye
Commissioner Dearden . . . . . . . . . . . . . . . . . . . . . . . .aye
Chair Bischoff . . . . . . . . . . . . . . . . . . . . . . . . . .aye


3. Resolution appointing members to the Board of Adjustment - Resolution 29-2007

Jim Gentry, County Planning Department Director, stated that a number of people had resigned
from this Board and Sue Wilkins would fill an expired term through 6/30/2009. The
commissioners noted that very talented applicants had applied to serve on this board. The
commissioners selected members based upon a wide area of representation.
Commissioner Dearden moved to adopt Resolution 29-2007 appointing the following to the Board
of Adjustment: Robert Heffernan to serve a 5-year term from 7/1/2007-6/30/2012, Sue Wilkins
to serve Tamra Smith’s remaining term ending 6/30/2009, Phil Hancock to serve an expired term
ending 6/30/2008 and Celeste Canning to serve as an alternate with a term expiring 6/30/2008;
Commissioner Zogmaister seconded.
Roll Call Vote:
Commissioner Zogmaister. . . . . . . . . . . . . . . . . . . . . . .aye
Commissioner Dearden . . . . . . . . . . . . . . . . . . . . . . . .aye
Chair Bischoff . . . . . . . . . . . . . . . . . . . . . . . . . .aye


4. Contract with Bull Riders with Dance for June 2, 2007 at the Golden Spike Event
Center - Contract C2007-153

Jim Harvey, GSEC, presented this contract.
Commissioner Zogmaister moved to approve Contract C2007-153 by and between Weber County
and Bull Riders with Dance for June 2, 2007 at the Golden Spike Event Center; Commissioner
Dearden seconded, all voting aye.

 

5. Contract with Reis Ranch Productions, Inc. for the “No Dust” Tour to be held
May 25-27, 2007 at the Golden Spike Event Center - Contract C2007-154

Jim Harvey, GSEC, presented this contract stating that he believed the county had already received
the deposit.
Commissioner Dearden moved to approve Contract C2007-154 by and between Weber County and
Reis Ranch Productions, Inc. for the “No Dust” Tour to be held May 25-27, 2007 at the Golden
Spike Event Center; Commissioner Zogmaister seconded, all voting aye.

6. Contract with Stirrin’ Dirt, LLC for an Outdoor Demolition Derby to be held
May 19, 2007 at the Golden Spike Event Center - Contract C2007-155

Jim Harvey, GSEC, presented this standard contract.
Commissioner Zogmaister moved to approve Contract C2007-155 by and between Weber County
and Stirrin’ Dirt, LLC for an Outdoor Demolition Derby to be held on May 19, 2007 at the Golden
Spike Event Center; Commissioner Dearden seconded, all voting aye.

 

7. Contracts with Utah Hispanic Horse Racing Association for Match Horse Races
to be held at the Golden Spike Event Center on the following dates:
May 20, 2007 - Contracts C2007-156
June 3, 2007 - Contracts C2007-157
June 17, 2007 - Contracts C2007-158
July 7, 2007 - Contracts C2007-159
July 28, 2007 - Contracts C2007-160

Jim Harvey, GSEC, presented these standard contracts.
Commissioner Dearden moved to approve Contracts C2007-156 through C2007-160 by and
between Weber County and Utah Hispanic Horse Racing Association for Match Horse Races to
be held at the Golden Spike Event Center on the listed dates; Commissioner Zogmaister seconded,
all voting aye.

 

8. Contract with Utility Cost Management Consultants - Contract C2007-161

Nate Pierce, County Operations Department Director, stated that over a year ago the county had
entered into a 3-year agreement with Utility Cost Management Consultants to perform an audit of
the county’s utility bills. The consultant had made some recommendations that significantly saved
the county money. This is the second year of this process and an annual re-authorization is
required for Rocky Mountain Power to send the utility bills to the consultant to continue the
ongoing audit.
Commissioner Zogmaister moved to approve Contracts C2007-161 by and between Weber County
and Utility Cost Management Consultants; Commissioner Dearden seconded, all voting aye.

 9. Surplusing parcels 01-044-0045, 11-040-0016, and 01-051-0002

Nate Pierce, County Operations Department Director, stated that LSN 01-044-0045 was a 264 sq.
ft. parcel and adjacent owner, Melissa Stratton, dba Silver Creek Capital LC, was interested in
acquiring it. The value was $250. LSN 11-040-0016 was acquired by the county at a tax sale
years ago and Lowe’s, the adjacent owner, had agreed to pay the county $7,500 for it. Mr. Pierce
addressed Chair Bischoff’s question regarding how he had arrived at this value, which was based
upon what Lowe’s had payed per acre for the other parcels. The final parcel was 0.09 acres and
the current market value was $2,250. Because the party that had made an inquiry into this parcel
was a county employee, Mr. Pierce suggested using the formal sealed bid process.
Commissioner Dearden moved to declare surplus LSN 01-044-0045, LSN 11-040-0016 and LSN
01-051-0002; Commissioner Zogmaister seconded, all voting aye.

10. Quit Claim Deed at 3050 N. Street in Eden

Nate Pierce, County Operations Department Director, noted that on 5/1/2007 the Commission had
vacated the westerly portion of 3050 North Street in Eden. This property had been received by the
county several years ago from the Ogden family to be dedicated for a road that would go through
and connect to area roads. Subsequently, property had been developed, making it impossible for
that road to go through and become a through street. The original transfer of this property to
Weber County came from the same family that sold the property to Kim Rindlisbacher, a developer
who had purchased all that property in the area and who would be sole recipient of the vacated
parcel.

Once a road is vacated, the property is divided in the middle and given to the abutting property
owners, however, in this case Mr. Pierce recommended that this property be quit claimed to the
Kim Rindlisbacher Family Trust.
Commissioner Zogmaister moved to approve the quit claim deed to the Kim Rindlisbacher Family
Trust for the property at 3050 North Street, Eden; Commissioner Dearden seconded, all voting aye.

11. Agreement with Ogden City for the operation of a Kayak Park on the Weber River
- Contract C2007-162

Nate Pierce, County Operations Department Director, stated that this contract was for a license for
Ogden City to operate the Kayak Park which was developed a couple of years ago on county
property that includes the riverbed of the Weber River. Ogden City will now take responsibility
and liability for the Park and indemnifies the county. As part of the landfill closure, the county had
agreed with Ogden City to build some restrooms and the City now agreed to allow the county to
contribute $18,000 of the closure funds towards the construction of a restroom at the Kayak Park
and this would relieve the county of constructing those restrooms as part of the landfill closure.
Commissioner Dearden moved to approve Contract C2007-162, License Agreement by and
between Weber County and Ogden City for the operation of a Kayak Park on the Weber River;
Commissioner Zogmaister seconded, all voting aye.

 

12. Request to approve a Road Dedication Plat for a portion of 2200 South Street

Sean Wilkinson, County Planning Department, stated that the petitioner’s request was to dedicate
a 300 ft. long by 33 ft. wide strip that provided the frontage for the Boyd Russell Subdivision lots
1 and 2. When the subdivision was recorded in 1999, this small parcel was not dedicated and there
was a question as to who owned it. It came into Mr. Russell’s ownership and he wished to
dedicate it to the county since it was within the road. Planning staff had recommended approval
of this item. Chair Bischoff asked who currently maintained this road and Mr. Wilkinson replied
it was the county.
Commissioner Dearden moved to approve the road dedication plat for a portion of 2200 South
Street; Commissioner Zogmaister seconded, all voting aye.

13. Contract with TNT Auction, Inc. to extend the current contract for vehicle and
property sales - Contract C2007-163

Doug Dickens, County Operations Department, stated that TNT had entered into a contract with
the county three years ago and he requested that the contract be renewed for an additional three
years. TNT receives 5% of the selling price, which the county establishes.
Commissioner Dearden moved to approve Contract C2007-163 by and between Weber County and
TNT Auction, Inc. to extend the current contract for vehicle and property sales; Commissioner
Zogmaister seconded, all voting aye.

 

14. Surplus the following parcel: LSN 09-123-0045

Doug Dickens, County Operations Department, stated that this parcel, located in Roy City, had
been researched by the County Surveyor and the Attorney’s Offices. Roy City had discovered a
strip of property consisting of approximately 2.1 ft. wide by 124 ft. long adjacent to lot 30 of the
Lemans Subdivision #2 that should have been included when the property was deeded circa 1988.
Because of that oversight Weber County acquired this strip on 6/7/1995. The property owners
have built a house and need the strip in order to comply with Roy’s building offset requirements.
Weber County will sell it to Roy City for the estimated market value of $150.00. Ernest Rowley,
County Surveyor, recommended that during this transfer process Roy City consolidate this strip
with that adjacent parcel in order to have one tax number on the rolls and David Wilson, Deputy
County Attorney, said that it would be made a term of the agreement with Roy City.
Commissioner Zogmaister moved to declare surplus LSN 09-123-0045 as discussed; Commissioner
Dearden seconded, all voting aye.

15. Request to approve contract by/between Weber County & the Sate of Utah,
Department of Public Safety for an Emergency Special Needs Registry Agreement

This item had been previously handled and no action was necessary.

F. Assign Pledge of Allegiance & Thought of the Day for Tues. May 22, 2007, 10 a.m.

G. Public Comments: None

H. Adjourn
Commissioner Dearden moved to adjourn at 11:05 a.m.; Commissioner Zogmaister seconded, all
voting aye.

Kenneth A. Bischoff, Chair
Weber County Commission

Alan D. McEwan, CPA
Weber County Clerk/Auditor