Minutes for 2007-09-04, Direct pdf link.

MINUTES OF THE BOARD OF COMMISSIONERS OF WEBER COUNTY
Tuesday, September 4, 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, Vice Chair, 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 - Fátima Fernelius
C. Thought of the Day - Commissioner Dearden

D. Consent Items:
1. Purchase orders in the amount of $116,903.41
2. Warrants #229072 - #229276 in the amount of $685,188.54
3. Minutes for the meeting held on August 28, 2007
4. Surplus a Credenza from Animal Services
5. Set public hearing for September 25, 2007, 10 a.m., on vacation of Lot 9 of Monastery Cove
Subdivision Phase 1 including utility easement located therein
6. Set public hearing for October 2, 2007, 10 a.m., on vacation of a portion of North Fork Road that
is no longer used
Commissioner Dearden moved to approve the consent items as presented; Commissioner
Zogmaister seconded, all voting aye.

E. Action Items:

1. Contract with Utah Hispanic Match Racing for an event being held on October
7, 2007 at the Golden Spike Event Center - Contract C2007-214

2. Contract with Utah Hispanic Match Racing for an event being held on October
21, 2007 at the Golden Spike Event Center - Contract C2007-214

Jim Harvey, GSEC, presented items E.1 and E.2 together, which were standard repeat contracts.
Commissioner Zogmaister moved to approve Contracts C2007-214 and 215 by/between Weber
County and Utah Hispanic Match Racing for events to be held October 7 and 21, 2007,
respectively, at the Golden Spike Event Center; Commissioner Dearden seconded, all voting aye.

 

3. Contract with Wheelwright Lighting and Sound for sound and backdrop for the
Hof Winterfest being held on January 18 &19, 2008 at the Golden Spike Event
Center - Contract C2007-216

Jim Harvey, GSEC, presented this standard repeat contract, which was in the amount of $1,500.
Commissioner Zogmaister moved to approve Contract C2007-216 by/between Weber County
and Wheelwright Lighting and Sound for sound and backdrop for the Hof Winterfest being held
on January 18 and 19, 2008 at the Golden Spike Event Center; Commissioner Dearden seconded,
all voting aye.

 

 4. Contract with Utah State Snowmobile Racing Association for events being held
on August 18, September 8, and October 13, 2007 at the Golden Spike Event Center -
Contract C2007-217

Jim Harvey, GSEC, presented this standard repeat contract.
Commissioner Dearden moved to approve Contract C2007-217 by/between Weber County and
Utah State Snowmobile Racing Association for events being held on August 18, September 8, and
October 13, 2007 at the Golden Spike Event Center; Commissioner Zogmaister seconded, all
voting aye.

 

5. Discussion on giving a grace period in the implementation of impact fees

Jim Gentry, County Planning Department Director, stated that concerns had been raised by some
of the commissioners and the County Recorder/Surveyor about delays in getting projects through
the subdivision process due to the recent staffing shortage in the Recorder/Surveyor’s Office. Mr.
Gentry had met with Chris Allred, Deputy County Attorney, and they had discussed perhaps giving
a blanket grace period because it might be difficult to track exceptions, but the commissioners
expressed concerns and felt that the grace period should apply if the petitioners were already going
through the process; anyone coming in after the set date would be subject to impact fees.

Ernest Rowley, County Recorder/Surveyor, noted that the impact fees were tied to taking out a
building permit. His concern was with his staff shortage that resulted in some of the subdivisions
not moving through his office as quickly as they should have, however, recent staff changes had
been made to correct that. He said that there was no sure way to identify those who were in the
process or who had recorded because of the impact fee being tied to the building permit. Mr.
Gentry said that some subdivisions had not been recorded, which would have allowed the
petitioners to take out the building permits. Mr. Rowley noted that the majority of delays were not
related to county issues. The commissioners directed Mr. Gentry to work with legal counsel to
prepare an amendment to the ordinance with a three month grace period which was to apply only
to “qualifying subdivisions” meaning those subdivisions for which an application had been filed
with County Planning prior to September 1, 2007 (but had not received final approval by
September 1, 2007). In order to qualify for the grace period, a lot owner in a qualifying
subdivision must have applied for and received a building permit before December 1, 2007.

6. Contract with Ogden City/Business Depot Ogden for truck access from Bill
Bailey Boulevard to Business Depot Ogden - Contract C2007-218

Jennifer Graham, County Recreation Facility Director, presented this contract renewal for the
trucks needing to access BDO that were over the 10,000 lb. weight limit placed by Marriott-
Slaterville City. Under this contract these trucks have access through Bill Bailey Blvd. from 1200
West. The County Roads Department checks the roads at least once per year and on the last
inspection the Roads Department Director had suggested that by the Spring of next year Ogden
City resurface the portion of Depot Drive that connects Bill Bailey Blvd. to BDO and the City had
agreed to do so.
Commissioner Zogmaister moved to approve Contract C2007-218 by/between Weber County and
Ogden City/Business Depot Ogden for truck access from Bill Bailey Boulevard to Business Depot
Ogden; Commissioner Dearden seconded, all voting aye.

 8. Final approval of L&R Home Farm Subdivision and a deferral for curb, gutter and
sidewalk

Justin Morris, County Planning Department, presented the request to approve this 1-acre
subdivision with a remainder parcel of 12 acres. Culinary water would be provided by Taylor-
West Weber Water Improvement District and waste water services by Central Weber Improvement
District. All required improvements had been installed and lot access was along 4300 West. There
was no other curb, gutter and sidewalk in the area and on 7/10/2007 the Planning Commission had
unanimously recommended final approval of this item with the deferral.
Commissioner Dearden moved to grant final approval of L&R Home Farm Subdivision including
a deferral for curb, gutter and sidewalk; Commissioner Zogmaister seconded, all voting aye.

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

2. Public hearing on an ordinance to vacate the Basinview Estates Cluster
Subdivision located at approximately 5525 East (Old) Snowbasin Road

Scott Mendoza, County Planning Department, stated that all three owners in this subdivision had
signed the document requesting this vacation. This subdivision had been recorded on 8/22/2006
with buildable envelopes/areas (not required by the county) varying in sizes from 80 ft.X100 ft.
to 100 ft. X100 ft. and this vacation was to clear the subdivision and buildable areas from the
county record, which then allowed the re-recording of an amended plat with no buildable areas.
Chair Bischoff invited public comments. Wayne Schreeve, of Ogden, asked for the land serial
numbers relating to this item and Mr. Mendoza provided the list.

3. Vacating a 20-foot utility and drainage easement on Lot 1 of Field of Dreams
South Fork Subdivision Plat 3 located at approximately 8505 E. 100 S.

Sean Wilkinson, County Planning Department, stated that in 2005 this lot had been amended to
include more property but none of the existing easements had been vacated and this left a 20 ft.
easement approximately in the middle of the lot that originally had been at the property line. He
said that there were sufficient easements on all the other sides and the utility companies and the
County Engineer’s Office had submitted letters indicating they had no concerns with this vacation.
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 to vacate the Basinview Estates Cluster Subdivision -
Ordinance 2007-24
Commissioner Dearden moved to adopt Ordinance 2007-24 vacating the Basinview Estates Cluster
Subdivision and all buildable areas, located at approximately 5525 East (Old) Snow Basin Road;
Commissioner Zogmaister seconded.
Roll Call Vote:
Commissioner Zogmaister. . . . . . . . . . . . . . . . . . . . . . .aye
Commissioner Dearden . . . . . . . . . . . . . . . . . . . . . . . .aye
Chair Bischoff . . . . . . . . . . . . . . . . . . . . . . . . . .aye



F.3. - Public hearing to vacate a 20-ft. utility/drainage easement - Ordinance 2007-25
Commissioner Zogmaister moved to adopt Ordinance 2007-25 vacating a 20-foot public utility and
drainage easement in lot 1 of Field of Dreams South Fork Subdivision Plat 3; Commissioner
Dearden seconded.
Roll Call Vote:
Commissioner Zogmaister. . . . . . . . . . . . . . . . . . . . . . .aye
Commissioner Dearden . . . . . . . . . . . . . . . . . . . . . . . .aye
Chair Bischoff . . . . . . . . . . . . . . . . . . . . . . . . . .aye


E. 7. Final approval of Basinview Estates Subdivision 1st Amendment, 8 lots, located at
approximately 1700 S. 5525 E. (Old Snowbasin Road), Snowbasin area, to remove
designated building envelopes

This item was handled at this time, after holding the related public hearing–see above item F.5.
Scott Mendoza County Planning Department, stated that this dedication plat would be re-recorded
in the previous subdivision’s place. Only the buildable areas were to be vacated. He stated that
there were agreements (i.e., Subdivision Improvement, Sewer Maintenance agreements) in place
with the original subdivision and the petitioner’s attorney had drafted a Notice of Document
Application for the County Attorney to review to make sure the new recorded subdivision name
was tied to the original subdivision documents.
Commissioner Dearden moved to grant final approval of Basinview Estates Subdivision 1st
Amendment, located at approximately 1700 South and 5525 East (Old) Snowbasin Road in the
Snowbasin area, including the Notice of Document Application; Commissioner Zogmaister
seconded, all voting aye.

 

G. Assign Pledge of Allegiance & Thought of the Day for Tues., September 11, 2007, 10 a.m.

H. Public Comments:

Ernest Rowley, County Recorder/Surveyor, thanked the Commission and Human Resources for
their assistance with staffing his department.

I. Adjourn
Commissioner Dearden moved to adjourn at 10:55 a.m.; Commissioner Zogmaister seconded, all
voting aye.

 

Kenneth A. Bischoff, Chair
Weber County Commission

Alan D. McEwan, CPA
Weber County Clerk/Auditor