Minutes for 2007-08-07, Direct pdf link.

MINUTES OF THE BOARD OF COMMISSIONERS OF WEBER COUNTY
Tuesday, August 7, 2007 - 5:30 p.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, Jan M. Zogmaister, and Craig L. Dearden.

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

A. Welcome - Chair Bischoff
B. Pledge of Allegiance - Fátima Fernelius
C. Thought of the Day - Commissioner Zogmaister

D. Consent Items:
1. Purchase orders in the amount of $208,906.36
2. Warrants #228178 - #228348 in the amount of $1,034,243.36
3. Minutes for the meeting held on July 31, 2007
Commissioner Dearden moved to approve the consent items as presented; Commissioner Zogmaister
seconded, all voting aye.

E. Action Items:

1. Contract with Weber School District to provide security/law enforcement at
various Jr. High & High Schools - Contract C2007-203

Weber County Sheriff Brad Slater stated that this was for law enforcement services for the School
Resource Officers program. The District remits 1/4 of the contract amount to the Sheriff’s Office.
Commissioner Zogmaister moved to approve Contract C2007-203 for law enforcement by/between
Weber County and the Weber School District; Commissioner Dearden seconded, all voting aye.

2. Final approval for Monastery Cove Subdivision Phase 1 Lot 9 amended, located at
approximately 9180 E. Poet’s Circle

Jim Gentry, Planning Department Director, stated that this amendment adjusted the boundary of Lot
9, without changing its overall size, to provide a larger setback between the property line and an
existing barn on an adjacent parcel. The Planning Commission had unanimously recommended final
approval of this item.
Commissioner Dearden moved to grant final approval of the Monastery Cove Subdivision Phase 1 Lot
9 Amended, located at approximately 9180 E. Poet’s Circle; Commissioner Zogmaister seconded, all
voting aye.

 

3. Ordinance regarding Malnove Inc., Economic Project plan &Budget - Ordinance
2007-18

Ron Kusina, Weber County Redevelopment Agency (RDA) Executive Director, stated that last week
at a public hearing the RDA board had adopted a resolution for the Malnove Inc. Economic
Development Project Area plan and budget. The Taxing Entity Committee had unanimously voted to
approve the process.
Commissioner Zogmaister moved to adopt Ordinance 2007-18 adopting the Malnove Economic
Development Project Area plan and budget; Commissioner Dearden seconded.
Roll Call Vote:
Commissioner Zogmaister. . . . . . . . . . . . . . . . . . . . . . .aye
Commissioner Dearden . . . . . . . . . . . . . . . . . . . . . . . .aye
Chair Bischoff . . . . . . . . . . . . . . . . . . . . . . . . . .aye


F. Public Hearings - to begin at 6:00 p.m.

The Commission Chambers was full to capacity and in order to facilitate tonight’s hearing process,
Chair Bischoff said that during the public hearings if a comment or concern had already been made
that those present could be assured that the Commission had heard it and duly noted it.
1. Commissioner Dearden moved to adjourn the public meeting and convene the public hearings;
Commissioner Zogmaister seconded, all voting aye.

2. Public hearing on Zoning Petition ZP 06-07 to create a Manufacturing MV-2 Zone

Jim Gentry, County Planning Department Director, stated that the petitioner was proposing to add a
new zone in the Ogden Valley to allow a heavier, more intense type of manufacturing. The proposal
was to allow a rock crusher for recycling materials such as concrete, rock and green waste. Mr. Gentry
noted that this petition was not site specific and, if granted, the petitioner would need to follow
additional steps. The Ogden Valley Planning Commission had unanimously voted to recommend
denying this petition.

Chair Bischoff invited Thom Summers, petitioner, to speak and then public comments.
Mr. Summers, Eden resident and owner of S&S Excavating, stated that this was not for the large rock
crusher common to gravel pits; it was a portable unit that could be transported and hauled in/out in 15-
20 minutes. He proposed setting up in a location where contractors/homeowners could haul in excess
dirt, rocks and concrete (without rebar), stockpiling the materials for a few months and then hauling
in the crusher to make structural fill. He anticipated that a 3-4 month material collection could be
crushed in 2-3 weeks. The crushed material would be a 4-inch minus type material. He said that there
was no place to dump dirt and rock in the Valley, and the proposal would also help somewhat with
truck traffic in Ogden Canyon. He addressed Commissioner Dearden’s question stating that the ideal
rock size for crushing in the machine was 18 inches or less.

Carolyn Gavin, of Liberty, opposed this proposal. She had seen this crusher in action and said that
there was no place in the Valley for it. It was noisy, dirty, and the activity increased traffic in the area.
The service would only benefit developers and not existing homeowners. The crusher was huge and
to bring it up and down the Canyon would add another large truck to the traffic problem.

Mike Hillstrom, of Huntsville, strongly opposed this proposal. He spoke about truck traffic, giving
a recent example of a large truck and trailer driving at high speed through their small, quiet residential
road. He said that at another Commission meeting relating to the Chambers’ petition area residents
had been promised no truck traffic through their residential road and he was concerned the problem
would continue. The Hillstroms live a full block from the UDOT site but can hear their trucks as they
start up and do any work. He was concerned with the constant grinding noise, the dust in the air and
that the proposal would not significantly reduce traffic in the Canyon. He felt this service was not
needed in the Valley.

Dennis Brown, of Liberty, stated he was unequivocally opposed to the proposal. He had lived by a
couple of rock crushing plants and these were not designed for residential areas. He now lived about
one mile from the Summers’ shop and could hear them testing snowmobiles in late fall/early winter
and the constant beeping of their front-end loaders. The noise and environmental pollutions were not
needed or wanted in the Valley and suggested the petitioner find a business within existing zoning.

Larry Folker, of Liberty, had worked in a rock crushing operation and these were tremendously noisy
and dusty. He had visited Mr. Summers’ site with others on Sunday and the pile of cement was not
the size indicated by Mr. Summers, but the pieces were much larger creating incomprehensible noise
and dust. He did not believe the operation would limit Canyon traffic, a premise used by Mr.
Summers, and could foresee more truck traffic because the product could be sold to trucks stopping
there to unload, which would then go to other locations from there loaded.

Holly Josephson, of Eden, stated that this was an extraordinarily dirty industry like coal mining with
various health problems, which she cited, caused by the dust. She said that 1 in 10 children in the
Valley had asthma and dust was a serious problem for them. She added that Ogden Valley residents
also had chronic lifetime asthma and sinusitis and would be put at risk if this was brought into their
neighborhood. People had moved to the Valley because of the clean air.

Gary Pilkington, of Liberty, spends winters in Washington County and said that downtown Hurricane
had a crusher on Main Street. It had buffers and was watered to keep the dust down. This crusher had
been operating in Wolf Creek for years and he spoke about the need to reduce truck traffic in the
Valley.

Bryan Smith, of Eden, strongly opposed changes in zoning and increases in truck traffic in the Valley.
He echoed Mr. Pilkington’s comments about truckers that don’t fully stop at the intersection and drive
at high speeds while also talking on a cell phone, etc. He had been run off the road a couple times and
had called S&S recently to complain about a dangerous truck that almost forced him into an accident
only to be greeted by very angry personnel who a few minutes later showed up at his house carrying
on an unprofessional tirade. He did not believe Mr. Summers could put together a rock crushing
facility in 15 minutes.

Lisa Arbogast, of Eden, respected the Summers but was in great opposition to the proposed zoning
change, which had the potential for expansion. She said that her husband, a medical doctor, could
attest to the health problems related to this type of business. She read excerpts from the Ogden Valley
Recreation Element and stated it was a detriment to property values for the Commission to not consider
the investment in this resort community. The geographical configuration of the Valley would not
support this type of business without destroying the character that they wanted to preserve. The Valley
is a bowl surrounded by mountains with few ingresses/egresses causing the noise from the crusher to
travel and reverberate further than in other areas. Cement dust, which is highly toxic, would have no
way out, and could contaminate water sources, which also supply Ogden City’s water. The other MV-
1 zones were in areas extremely vulnerable–one was directly across the street from land just purchased
by the Weber School District for a new elementary school. Valley residents had repeatedly elaborated
that they did not want this kind of manufacturing. The Planning Commission had researched the issue
and she suggested the County Commissioners not go against their recommendations and the voice of
the voters.

Ernest Goff, of Huntsville, believed that this rock crusher would cause no reduction on Ogden Canyon
traffic. He stated that there was plenty of crushed stone brought in from North Ogden, that there was
no need for a stone crusher in the Valley, and the heavy trucking came over Trappers Loop from the
nearest gravel pit in South Weber, which offered all types of materials.

Larry Zini, Acting Chair for Valley Citizens for Responsible Development (VCRD), stated their
opposition to the requests to locate the rock crusher and cement plant in the Ogden Valley. The
cement and gravel trucks that came into the Valley to deliver building materials for construction were
Valley specific with their cargo and this proposal would change dramatically if the rock crushing and
cement businesses were located in the Valley. He said that the petitioner had openly acknowledged
that his rock crushing and cement-making products would not be restricted for use in the Valley and
the Commission should consider the heavy truck traffic when the petitioner exported his products
outside of the Valley and also that materials for these processes must be trucked up to the Valley. Mr.
Zini asked where the gravel and cement trucks would be parked during off hours and Mr. Summers
said that he presently parked 4 at his yard in the MV-1 zone and 6 at the gravel pit. He explained that
patrons would pick up a load and drive their own trucks home. Mr. Zini visited a rock crushing facility
in Pleasant View and it was noisy and dusty, requiring continuous watering to keep the dust down, and
he asked where that run off water would go. Mr. Summers said that a containment could be built. The
VCRD had a petition with over 300 signatures against the rock crusher and cement businesses. The
proposed area was very close to Mr. Zini’s residence and his son had asthma.
 Mr. Zini said that during the time S &S was operating illegally, the large truck traffic increased heavily
with an S&S dump truck passing his house about every 10 minutes and he had to daily clean out 1/4
inch dirt from his children’s pool. Trucks should use the Mountain Green crushing plant and Trappers
Loop. He asked how County Planning staff was able to conceive and complete the MV-1 ordinance
change and the new MV-2 ordinance for this particular petitioner in a relatively brief time and yet had
not been able to prepare the three most important ordinances affecting the Valley after 18 months.

Steve Clarke, of Eden, had visited the rock crusher site and the front loader and two track hoes used
with the rock crusher dominated the noise produced. He cited Chapter 6 of the Valley’s General Plan
which stated that a heavy industrial zone was incompatible with the goals of the Valley. He did not
see the need for an MV-2 zone anywhere in the Valley. It would be poor planning practice to have the
industrial zone, particularly a heavy industrial zone, adjacent to a primary commercial area, a Jr. High
School, and an increasingly residential area. Additionally, it was not desirable to use the river as an
open sewer.

Michael Gillespie, of Eden, said that construction was the current main industry in the Valley and that
Mr. Summers had the right to make a living.

Ralph Hansen, of Huntsville, stated that those making objections about pollution tonight had polluted
his Valley far more than any crusher and felt there was a need for the proposed operation.

Laurel Kirkham, of Huntsville, had saved money for 17 years to move to the Valley and had no idea
they would have to deal with a rock crusher. Valley residents were paying the highest taxes in the
State and should not be subjected to something like a rock crusher in that beautiful Valley.

Linda Brown, of Liberty, lived about one mile away but had been awakened from deep sleep at 7 a.m.
by the very loud noise of the rock crusher. She could attest to health problems related to cement dust
because she used to live by Parsons Concrete. Chair Bischoff asked if rock was being crushed in the
Valley and Ms. Brown said that it was at Wolf Creek, but it was rare, while Mr. Summers was
operating daily.

Mike Formica, of Liberty and President of Willow Creek Home Owners Assn., stated he was
representing many homeowners and spoke in opposition to the proposal. He was not opposed to
someone making a living, but it had to be done within limits when it affected others. He had served
his country for 24 years so he could choose where he wished to live, which was in a quiet valley.

Paul DeLong, Eden Planning Committee member, lived about ½ mile from the Wolf Creek rock
crusher used last summer and there had been significant truck traffic, dust and noise. At a Committee
meeting last summer when the crusher was running along the North Fork of the river, a number of
nearby residents had complained about the noise, dust and increased truck traffic. His house was a
lot cleaner this year since they moved the rock crusher out of Wolf Creek.

Marsha Rasmussen, of Eden, opposed the MV-2 zone anywhere in the Valley. She asked why the
Planning Commission meetings were held in Ogden rather than in the Valley on a regular basis and
Mr. Gentry said that all the facilities, staff and equipment, were here, and there wasn’t space available
in the Valley library to accommodate large groups. Some meetings had been held in the Valley and
this issue will be visited. She said that currently there were asphalt piles at S&S right next to the river.

Jim Lewis, of Eden, stated that this was literally in his back yard. He invited anyone to visit his house
and listen to the noise of the truck traffic created by the rock crusher operation.

Tom Clarke, of Eden, spoke in favor of having the rock crushing operation in the Valley and felt that
Mr. Summers would conduct a safe business. Pat Brennan, of Eden and excavation company owner in the Valley, spoke for the proposal. He used
to run the gravel pit in Huntsville. He preferred not to have his trucks on Trappers Loop or North
Ogden Divide. It would be safer for them to stay in the Valley if there was a zone to put in a full pit.

Gregg Chambers, of Eden, spoke against the MV-2 zone. He stated that the Commission had said two
years ago that they would look at the Valley to determine if there were other areas where the MV-1
zone might fit and nothing had come of it, however, that was the needed zone because of storage
needs.

Sharon Holmstrom, of Eden, stated that heavy manufacturing zones went against the Valley’s General
Plan and zoning had been created by previous Planning staff who had intended it for light
manufacturing. She objected to the purpose for the zone and asked why create a zone in the Valley
where the environmental impact upon the community might be substantial and where public regulation
may be necessary to preserve the general welfare of the community. She cautioned the commissioners
that once they created a conditional use, they would be under a certain obligation to allow that use.
While it had been said that this request was not site-specific, Mr. Summers owned a parcel in MV-1
that she was certain he would be back seeking a conditional use if this was approved. That parcel was
just south of a school and would not allow class to be heard on that side, and the truck traffic to the site
would run directly between the LDS Seminary building and Snow Crest Jr. High. She can hear all the
trucks and the rock crusher and yet lives one mile away.

Commissioner Dearden said that the proposed area for the gravel crusher that had been shown to him
was behind Jeff Malan’s house and Ms. Holmstrom believed that the area lying along the river
between the highway and the existing MV-1 zone would be asked to be rezoned to MV-2. Chair
Bischoff said that it was 1,100 ft. from this site to the school. Ms. Holmstrom noted that the access
point to the proposed site had a very dangerous curve, and Chair Bischoff said that there was much
agreement on the danger of that particular entrance to the property.

Bill Christensen, Valley resident, asked about the differences between the M-2 and MV-2 zones and
expressed concerns with creating an MV-2 zone. Mr. Gentry stated that as part of creating an MV-2
ordinance the Planning and County Commissions would establish the allowed uses. Mr. Gentry said
that the proposal was to allow any permitted use in the MV-1 zone to also be allowed in the MV-2,
as well as a public utility substation and possibly a dwelling for a night watchman. Mr. Christensen
said that the county had told him where he could build because it was designated a commercial zone
and after considerable investment, other people now were choosing the rules. Chair Bischoff explained
that everyone had a right to petition.

Sheila Lewis, of Eden, lived directly in front of where Mr. Summers was buying his land. She had
children who walked that highway to school, past the canal and the river, and there was no walkway–a
problem exacerbated by snow in the winter and the trucks driving at 40-50 m.p.h. about every 10
minutes. Chair Bischoff said that safety was a big concern of the Commission. Ms. Lewis understood
the wanted convenience but Valley residents were willing to sacrifice a few minutes and drive out of
the Valley to get gravel.

Commissioner Dearden asked Mr. Summers about exporting from the Valley and he said it would not
be done, that it would be mostly for jobs in the Valley.

3. Public hearing on Zoning Petition ZP 05-07 to add Cement Batch Plants as
conditional use to the Manufacturing MV-1 Zone

Jim Gentry, County Planning Department Director, stated that the petitioner was proposing a cement
batch facility for a pour yard in Ogden Valley. He showed the current MV-1 zones in the Valley and
pictures of the proposed operation equipment stating that this type of operation would carry
approximately 2 cubic yards and the silo size could be stipulated to ensure that it did not have the
capability to supply the larger cement trucks. The Planning Commission had unanimously
recommended denying the petition.

Thom Summers, petitioner, said he was proposing a U-cart plant consisting of 5 carts, to carry a
maximum of 2 yards, but most would be 1 1/4 yards, with a maximum 25 ft. height, and the cement
silo would be totally enclosed with minimal dust since everything was enclosed until it went into the
barrel and water was added. He explained that people would come with their pickups, get a cart of
concrete and pour for their small projects. He felt there was a need for this service and said that a
friend had counted 7 carts going up Ogden Canyon last Saturday in a 2-hour period. Chair Bischoff
asked about noise, cleaning the carts after use, and if that run off would be a pollutant. Mr. Summers
responded that it sounded like a pickup truck running, that people generally cleaned the carts where
they poured out or would be charged heavily, that he would then do a pressure wash, and that a
containment basin could be built. Commissioner Zogmaister recommended that the containment basin
be built. Mr. Summers stated that this would be at his yard in an area of about 100 x 100 sq. ft. and
there would be containment bins for the sand and gravel, and the cement would be in an enclosed silo.

Sharon Holmstrom, of Eden, stated that a Valley resident had asked Save More, a similar small cement
batch business, about the technicalities of their operations and Ms. Holmstrom reported that the wash-
out was required; cement dust was inevitable and all the trailers and customer vehicles had to be
washed; the effluent had to be retained because the water from the vehicles and inside the containers
was very high in pH and many sewer companies would not accept it. Save More, which was also
along a river, was moving because their current operation did not meet Ogden City’s code. She said
that cities around the country were applying for billions of dollars of redevelopment money to move
heavy industry off their waterways and it was archaic to even consider this proposal for this pristine
valley, with a river that flows into Ogden’s watershed and into a lake. She believed that even if the
petitioner said that he could contain his run-off and the county planned to enforce it, this was very
toxic. She noted that the previous Planning Commission zoned land for commercial use (i.e., there
was a hotel with a swimming pool, restaurants with outdoor dining) and that area was the center
commercial node of Eden. The ambiance of that area would be destroyed with this proposal. Three
future subdivisions would look right down into this proposed site and it was really unfair to impose this
use on a prime residential area.

Janelle Hyatt, of Eden, said that her business was surrounded on both sides by S&S. When she
purchased the property there were vacant lots on both sides, but now all day long there were big, earth-
moving trucks/equipment, and in the last couple of years S&S had significantly enlarged their
operations and outgrown the MV-1 zone. She showed pictures looking out of her front window
indicating all kinds of heavy equipment, large dirt piles, dust, etc., and stated that S&S had changed
the intent of the zone (animal hospitals, printing shops, etc.) and this made it difficult to attract
businesses like hers to the area. She had called the county about this issue in the past. She asked what
would happen to those who live by the rules if Weber County could not enforce an MV-1 zone and
allowed another conditional use that was stretching the zone regulations.

Gregg Chambers, of Eden, said that he had zoned the area MV-1 but the intent was for equipment
storage and the county had stated at that time that nothing could ever be added to this zone. He noted
that Mr. Summers had stated he would make 4 inch material, but none of the material on the crushing
operation would benefit the cement plant, thus the trucks would have to haul it up Ogden Canyon to
supply the cement plant. He referred to the pictures indicating that there was no room on the property
now.

Bryan Smith, of Eden, expressed opposition stating his concerns because of a new road that would be
the back entrance to the site, thus the corridor would become a loop of trucks transporting cement
batch materials, and patrons leaving and entering just exacerbated the situation.

Sharon Zini, of Huntsville, noted that the petitioner planned to store 4 trucks on his current site and the
MV-1 allowed up to 8 trailers making it 12 vehicles on site.

Larry McBride, stated that the Valley was an outdoor recreation area, farming and resort community
and he could not understand turning the place into a manufacturing area, which was totally inconsistent
with the General Plan. Mr. McBride, Chair of the Ogden Valley Balloon Festival, noted that people
came from all over the U.S.A. for the festival and soon would be here again but would not be
impressed looking down at a rock crushing plant and a cement batch plant. He asked the Commission
to reconsider the value of the Valley, which was not created to be a manufacturing area.

Steve Clarke, of Eden, spoke in favor of this proposal, believing there was a need in the Valley for it.
The proposed amendment included landscaping requirements that were important and he
recommended that they be reviewed before it was adopted.

Allen Davies, of Huntsville, one of Mr. Summers’ 30 employees, stated that they were a Valley
company and 20 of them lived there.

Frank Warner, representing the Red Moose Lodge and Destination Eden, commercial businesses
immediately adjacent to this manufacturing zone, reiterated that this zone had never been intended to
be a general manufacturing zone. He expressed concerns about what opening this zone up to these
types of more intense industrial type uses would do to their businesses. His client planned to expand
the Red Moose Lodge, and the office building that houses Destination Eden and affiliated businesses
would overlook this manufacturing plant. They felt this use in the manufacturing zone was not
consistent with the commercial zone immediately adjacent.

Lisa Arbogast, of Eden, echoed Mr. Warner’s concerns as a consumer stating that last week she had
hosted a conference of over 925 attendants, she also hosts leadership retreats, some of them at Red
Moose Lodge, and declared that the value of that business as a retreat destination for consumers would
significantly decrease if they would be subjected to rock crushing, breathing in cement dust and view
trucks driving in/out and around that area on a regular basis.

Carolyn Gavin, of Liberty, spoke in opposition to this item. She had visited the proposed site and was
appalled at the piles of rubble. She was very concerned about the viability of the Red Moose Lodge
and the piles of dirt, cement, etc., that people see.

Mike Formica, of Liberty, stated his strong opposition to this item for the many facts already stated.
On June 26 he attended the meeting of the Planning Commission, which had given their unanimous
recommendations to the County Commission to deny the petitions.

Marsha Rasmussen, of Eden, spoke in opposition to this issue and did not believe that a cement batch
plant was a good idea at this location.

Mr. Gentry addressed the commissioners’ questions. Commissioner Zogmaister referred to Ms.
Holmstrom’s comment that this proposal would change the zone to heavy industry and Mr. Gentry said
that he would consider an operation similar to a Parsons cement plant as heavy manufacturing, and this
proposal was for a more light intensity-type use. The County Commission could set the maximum of
8 trailers of up to 2 cubic yards. Mr. Gentry stated that he was not aware of a new road proposal to
access this area. Chair Bischoff believed the landscaping plan (15 ft. landscape buffer, 6 ft. high earth
berm, 6 ft. large evergreen trees) would improve the area. Commissioner Dearden had made a visit
to the river today and it was empty and Ms. Holmstrom said that it started running in the fall, through
the winter, and into mid spring, but it still ran underground. She pointed out that the access road to
this site was between the LDS Seminary building and the school and children crossed that road every
45 minutes.

Bill Christensen, Valley resident, outlined how the North Fork Rivers ran.

Commissioner Dearden asked to see by a show of hands how many people had visited a small batch
plant similar to this proposal and a good majority of those present raised their hands. About 10 people
raised their hands to the question as to how many would use the proposed plant.

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

5. Action on public hearings:

F.2. - Public hearing on ZP 06-07 to create a Manufacturing MV-2 Zone

Commissioner Dearden expressed thanks for everyone’s attendance and for voicing their thoughts and
concerns on both of the public hearing items.
Based upon the Ogden Valley General Plan not calling for a manufacturing zone for heavy
manufacturing/industry, Commissioner Dearden moved to deny Zoning Petition 06-07; Commissioner
Zogmaister seconded, all voting aye.

F.3. - Public hearing to add Cement Batch Plants as conditional use to the
Manufacturing MV-1 Zone

Commissioner Zogmaister noted that there was a similar operation in the West Haven area and it had
been a great asset and resource and was well maintained. Having seen that operation and utilized it
various times she felt comfortable voting for this issue. Chair Bischoff stated that his findings
indicated there would be very little dust and noise, the landscaping plan could improve the area, and
it provided a need that would otherwise require going a long ways to get a little bit of cement. He did
not see how this would negatively impact this piece of property. He had a concern about the traffic,
but noted it would be local residents using the facility.
Commissioner Zogmaister directed staff to prepare an ordinance to approve the conditional use permit
for the cement batch plant with the restrictions contained in the zoning ordinance that would require
it to stay to a 2-cubic yard maximum, limiting the size of the silo, thereby controlling the size of the
batches to be sold, and requiring adhesion to the landscaping plan; Chair Bischoff seconded.
Commissioner Dearden moved nay stating that he had visited three batch plants and his concern was
for the Red Moose Lodge and that area because of the traffic, etc., but he did not think the dust was
an issue .

G. Assign Pledge of Allegiance & Thought of the Day for Tues., August 21, 2007, 10 a.m.

H. Public Comments:

Kathy Peterson, of Eden, expressed concern with enforcement of the landscaping plan. She said that
if it was enforced as stated, it could be an improvement, however, there was a horrible-looking huge
chain link fence there now which she did not believe was part of the landscape plan. She asked what
was the guarantee that the landscape plan would be followed and Chair Bischoff stated that it would
be followed and Commissioner Zogmaister said that the fence issue could be brought up at the meeting
when the petitioner applied for the site plan.

Lisa Arbogast, of Eden, stated that, “Once again the Commission had a long standing history of not
enforcing some of those things” or stipulated requirements. When asked, she gave an example of the
storage area built by Wolf Creek that had required a set-back from the road so there would not be a
visual barrier when cars turned at that corner. She said, however, because the building inspectors had
missed the fact that it had not been done appropriately, what the citizens heard was, “We are sorry and
will do better next time.” She urged the Commission to stand by their word and enforce the
requirements because there were many areas in the Valley where the ordinances and requirements
were not currently enforced. Chair Bischoff said that a lot of these issues were complaint-driven and
the Commission would like to know about them and Ms. Arbogast noted that unfortunately residents
had voiced concerns and they were now again saying that if the Commission was going to stipulate
those restrictions it was their obligation to enforce them. Chair Bischoff asked for an example and she
responded, “the Night Sky Ordinance” for which complaints had been made on numerous occasions.

Bryan Smith, of Eden, did not understand the logic behind the decision on tonight’s second public
hearing because currently the site was a total eye-sore; it was the worst looking part of downtown Eden
and creating permission to expand the functionality there with the justification to improve the landscape
did not make sense, and that the company should be made to clean up the property first. He did not
believe the company had a proper stewardship of their business and property. Chair Bischoff said that
landscaping was not part of the reasoning but was part of the element. Mr. Smith had called the
company with a complaint and they had gone to his home to intimidate him. He said there were piles
of asphalt there and when it rained the asphalt dust went into the river.

Marsha Rasmussen, of Eden, stated her disbelief that the cement plant had been approved and asked
if there would be public opinion on the ordinance and Chair Bischoff responded there would not be any
further hearings. She said that this approval was a mammoth foot in the door to more of this type of
activity, that it was an inappropriate place for it and was disappointed because the commissioners
represented the people of Ogden Valley.

Holly Josephson, of Eden, thanked the commissioners for the well reasoned and thoughtful denial of
the petition for the MV-2 zone, but she asked if wastewater concerns needed to be part of their motion
on the first public hearing. Chair Bischoff said that it would be handled with the ordinance.

Rod Hyatt, of Eden, stated that Mr. Summers’ cement batch plant was a dirty business and it had
expanded, which compounded the situation. He asked that particular attention be paid to improving
the area in connection with the cement batch plant and to look not only at improving this lot but Mr.
Summers’ adjacent lots as well.

Linda Brown, of Liberty, wondered if the dirty cement water eventually went into the ground and into
the water system even though it was contained, and she wanted this to be specifically addressed in the
ordinance. Commissioner Dearden stated that it would be addressed and that he had seen very little
water coming out when cement was mixed at the sites that he visited–that they let it harden and then
hauled it away. Ms. Brown felt that the Commission had given into the cement batch plant request
because the petitioner’s other request had been denied but that Mr. Summers property had looked
horrible for a very long time and that should have been addressed long ago. Commissioner Zogmaister
noted that her decision was based on its own merit and studied as an individual item.

Brandon Toll, of Eden, stated that Mr. Summers had responded quickly whenever he had called him
about a problem and believed that he would be responsive if asked to improve the landscape, etc.
However, Mr. Toll expressed appreciation that the MV-2 zone petition was denied.

Sharon Holmstrom, of Eden, asked if the Commission would also direct staff to put in language
mandating the disposal of the waste coming out of the containment so that it was not disposed of along
river beds. Commissioner Dearden said that the cement batch plants he had visited allowed the waste
material from the containment areas to dry and then took it to a C&D landfill, and he expected the
same process with this plant.

I. Adjourn
Commissioner Dearden moved to adjourn at 8:25 p.m.; Commissioner Zogmaister seconded, all
voting aye.

 

Kenneth A. Bischoff, Chair
Weber County Commission

Alan D. McEwan, CPA
Weber County Clerk/Auditor