Minutes for 2007-08-14, Direct pdf link.

MINUTES OF THE BOARD OF COMMISSIONERS OF WEBER COUNTY
Tuesday, August 14, 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: David C. Wilson, Deputy County Attorney; Fátima Fernelius, Clerk/Auditor’s Office,
took minutes.

A. Welcome - Vice Chair Zogmaister
B. Pledge of Allegiance - Shelly Halacy
C. Thought of the Day - Commissioner Dearden

D. Consent Items:
1. Purchase orders in the amount of $24,294.18
2. Warrants #228349 - #228586 in the amount of $1,824,714.81
3. Minutes for the meeting held on August 7, 2007
4. Surplusing a desk, book case, four drawer file cabinets, & a 2-door 6 ft. cabinet from the Utah
State Extension Office
Commissioner Dearden moved to approve the consent items, holding the minutes; Commissioner
Zogmaister seconded, both voting aye.

E. Action Items:

1. Ordinance relating to the regulation of the use and development of land in the
unincorporated areas of Weber County, imposing impact fees on land development
in unincorporated areas for providing trails, storm drains, wastewater, and
roadway necessitated by new development, Title 38 - Ordinance 2007-19

Jim Gentry, County Planning Department Director, stated that the impact fee study had been
ongoing since 2003 and on August 1, 2006 the Commission had held a public hearing on the
issue. On 6/19/2007 the Commission had directed him to prepare the ordinance relating to impact
fees.
Commissioner Dearden moved to adopt Ordinance 2007-19, creating Title 38, relating to the
regulation of the use and development of land in the unincorporated areas of Weber County,
imposing impact fees on land development in the unincorporated areas of Weber County for
providing trails, storm drains, wastewater, and roadway necessitated by new development;
Commissioner Zogmaister seconded.
Roll Call Vote:
Commissioner Zogmaister. . . . . . . . . . . . . . . . . . . . . . .aye
Commissioner Dearden . . . . . . . . . . . . . . . . . . . . . . .aye



2. Declaring parcel #05-118-0057 as surplus property by Department of Operations

Nate Pierce, Department of Operations Director, stated that during this year’s tax sale this parcel
had not been sold and now someone was interested in purchasing it. This parcel is approximately
739 sq. ft. long by 5 ft. wide located at approximately 375 - 34th Street.
Commissioner Dearden moved to declare LSN 05-118-0057 surplus; Commissioner Zogmaister
seconded, both voting aye.

 3. Approval of the Harms Subdivision fire hydrant escrow located at 3940 S. 3175 W.

Iris Hennon, County Planning Department, stated that the petitioners had requested approval of
the funds that they had placed on escrow for a fire hydrant to be placed on the 2-lot subdivision
when it is developed.
Commissioner Dearden moved to approve the Harms Subdivision fire hydrant escrow located at
approximately 3940 South 3175 West; Commissioner Zogmaister seconded, both voting aye.

4. Final approval of Moses Mountain Subdivision 1st Amendment

Justin Morris, County Planning Department, showed this 2-lot subdivision plat in the RE-15 zone,
which requires a minimum lot area of 15,000 sq. ft. This amendment adjusted the interior lot line
boundary between the two lots and removed the restriction designation from lot 1. The Planning
Commission unanimously recommended approval of this item on 6/12/2007.
Commissioner Dearden moved to grant final approval of the Moses Mountain Subdivision 1st
Amendment; Commissioner Zogmaister seconded, both voting aye.

5. Vacation of a portion of Powder Ridge Condominiums Phase 1 Amended, located
at approximately 6172 N. Powder Ridge Road - Ordinance 2007-20

Sean Wilkinson, County Planning Department, noted that items E.5 and E.6 were related. This
portion of Powder Ridge Condominiums Phase 1 Amended needed to be vacated because it would
be overlaid by a new subdivision called Powder Ridge Condominiums Phase 1, Building 3
Amended (item E.6). This is a new process to be followed for all amended subdivisions to help
clear up potential future title transfer issues.
Commissioner Dearden moved to adopt Ordinance 2007-20 vacating a portion of Powder Ridge
Condominiums Phase 1 Amended, including all private access easements, located at
approximately 6172 N. Powder Ridge Road; Commissioner Zogmaister seconded.
Roll Call Vote:
Commissioner Dearden . . . . . . . . . . . . . . . . . . . . . . . .aye
Commissioner Zogmaister. . . . . . . . . . . . . . . . . . . . . .aye



6. Final approval of Powder Ridge Condominiums Phase 1, Building 3 Amended, at 6172
N. Powder Ridge Road & acceptance of a $88,819.50 financial guarantee

See above item (and also related comments in the Public Comments section). Sean Wilkinson,
County Planning Department, stated that this project was in an FR-3 zone, consisted of 30 units,
and had been approved as a conditional use on 1/23/2007. This item adjusts the boundary of the
area in which the proposed condominium building will be located, allowing the required setbacks.
He noted that a small cement batch plant was proposed to be temporarily added as an accessory
use to the subdivision to facilitate construction of the building and underground parking structure
and was to cease at the end of this project. The Planning Commission had unanimously
recommended final approval of the subdivision. Commissioner Zogmaister asked what was the
timeline for completion of the building and the petitioner, Brent Ferrin, responded that they
planned to start construction this month and finish by December 2008.
Commissioner Dearden moved to grant final approval of Powder Ridge Condominiums Phase 1,
Building 3 Amended (30 units), located at approximately 6172 N. Powder Ridge Road and
acceptance of the financial guarantee in the amount of $88,819.50; Commissioner Zogmaister
seconded, both voting aye.

 

 8. first reading of certain amendments to the “Local Sales and Use Tax (RAMP Tax)
Ordinance”

David Wilson, Deputy County Attorney, outlined the following changes to the ordinance: the
Chair of the Advisory Board will serve for a 3-year period, the chair of the committees will be
selected by the Commission but will serve for a 1-year period, and major projects are defined as
those requesting funding of $200,000 or more. Funding requests of less than $200,000 will be
referred to the Arts and Museums Committee or the Parks and Recreation Committee for
consideration.
Commissioner Dearden moved to approve the first reading of certain amendments to the “Local
Sales and Use Tax (RAMP Tax) Ordinance,” Title 24, Chapter 7; Commissioner Zogmaister
seconded, both voting aye.

 

7. Resolution making certain appointments to the RAMP Tax Advisory Board, the
Arts and Museums Committee and the Parks and Recreation Committee -
Resolution 46-2007

Candadai Seshachari, RAMP Tax Advisory Board Chair, read the resolution. The commissioners
recognized the hard work of those involved with RAMP.
Commissioner Dearden moved to adopt Resolution 46-2007appointing the following to serve 3-
year terms, effective September 1, 2007 through August 31, 2010, on the RAMP Tax Advisory
Board, the Arts and Museums Committee and the Parks and Recreation Committee: Candadai
Seshachari to serve as the RAMP Tax Advisory Board Chair; Sandra Crosland and Samuel Steven
Lower to serve on the Recreation & Parks Committee; Robert Herman, Christie Moore, Rocky
Flubert and Sara Tolliver on the Arts & Museums Committee; Commissioner Zogmaister
seconded.
Roll Call Vote:
Commissioner Zogmaister. . . . . . . . . . . . . . . . . . . . . . .aye
Commissioner Dearden . . . . . . . . . . . . . . . . . . . . . . .aye


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

G. Public Comments:

Steve Clarke, of Eden, thanked the Commission on behalf of the GEM Committee for moving
forward with the impact fee ordinance.

(See related item E.6) Mr. Clark said that he had been present during the Planning Commission’s
discussion of the cement batch plant for the Powder Ridge Condominiums and last week the
County Commission had recommended that cement batch plants be permitted in MV-1 zones but
there had been no discussion of temporary uses in other zones, and the forthcoming ordinance was
to require considerable amount of landscaping around these plants, have a 2-yard maximum and
full effluent containment. He asked the Commission to consider the implications of allowing
temporary location of cement batch plants, particularly this one in what was considered a relatively
sensitive environment on top of a mountain and clearly outside an MV-1 zone. He could not
imagine pouring a substantial condominium complex 2 yards at a time and invited the petitioners
to consider that. Sean Wilkinson, County Planning Department, stated that incidental to
construction there were temporary uses allowed in many zones. The Powder Ridge item had been
discussed in January 2007 and the County Commission had directed staff to prepare an ordinance
relating to cement batch plants just last week.

Commissioner Dearden asked if there were provisions to ensure such things like the cement water
to be properly contained and not run down the side of the mountain. Mr. Wilkinson said that the
county currently did not have anything in place, but there were some State requirements.
Commissioner Zogmaister asked that State requirements for the building site be reviewed to see
if they covered some of the concerns presented by Mr. Clarke and Mr. Wilkinson said he would
look into it.  Commissioner Dearden asked Mr. Ferrin if he had any plan regarding the temporary plant to
ensure that watershed and other issues would be handled properly and Mr. Ferrin responded that
if they used a batch plant they would adhere to the best management practices, including those
required by the State, and said that their engineers were very familiar with the issues raised Mr.
Clarke. He added that after doing an analysis of using a batch plant at the site, they had come to
the conclusion that it would not be very efficient and would probably be trucking the cement in,
with the exception of some small future needs.

H. Adjourn
Commissioner Dearden moved to adjourn at 10:42 a.m.; Commissioner Zogmaister seconded,
both voting aye.

Kenneth A. Bischoff, Chair
Weber County Commission

Alan D. McEwan, CPA
Weber County Clerk/Auditor