Minutes for 2006-04-18, Direct pdf link.

MINUTES
OF THE BOARD OF COMMISSIONERS OF WEBER COUNTY
Tuesday, April 18, 2006 - 5:30 p.m.
Commission Chambers, Weber Center, Ogden, Utah

Each Commission meeting is recorded on CD or audio tape, which is available to the public through the
County Clerk's Office.
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: Craig L. Dearden, Chair; Camille T. Cain; and Kenneth A. Bischoff.

Others Present: Linda G. Lunceford, Clerk/Auditor; Chris Allred, Deputy County Attorney; Fátima
Fernelius, Clerk/Auditor’s Office, took minutes.

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

D. Consent Items:
1. Purchase Orders in the amount of $114,429.57
2. Warrants #212233 - #212499 in the amount of $643,505.75
3. Minutes for the meeting held on April 11, 2006
4. Cancel regular meeting of the Board of Commissioners of Weber County for April 25, 2006
5. Set public hearing for May 16, 2006, 6 p.m., to approve the vacation of 5775 E. Street in Elkhorn
Subdivision Phase 4
Commissioner Bischoff moved to approve the consent items; Commissioner Cain seconded, all
voting aye.

E. Presentation on Forest Service Projects Information

Bob Tonioli, U.S. Forest Service, gave an update on the Uintah Highlands prescribed burn that
will consist of about 400 acres just north of Interstate 84 which had been in process for over a year.
It is to treat mostly old brush to bring it back into a younger condition class that would be less fire
hazardous. Mr. Tonioli showed a map of the approximate treatment area stating that everything
was in place to conduct the burn and addressed Commissioner Cain’s questions regarding the
burning proximity to the nearest home. The burn can only occur during the appropriate weather
conditions. Mr. Tonioli also reported that they had worked with the County Sheriff’s Office and
Emergency Management on the Reverse 911 drill.

F. Action Items:

1. Contract with MAO Westwood Pharmacy for providing prescription medications
for inmates in the Weber County Correctional Facilities - Contract C2006-42

Julie Richesson, Weber County Correctional Facility, stated that a Request for Proposals for this
item had been sent out, oral presentations were heard from the four companies that responded, and
the selecting committee selected MAO Westwood Pharmacy after reviewing all the information.
The County Attorney’s Office had reviewed this contract. There is a 60-day termination clause
and the contract is effective May 1. Commissioner Cain asked if there had been any respondents
from within the State and there had been one local pharmacy, however, their prices were higher
than other companies and they lacked the experience required.
Commissioner Cain moved to approve Contract C2006-42 by and between Weber County and
MAO Westwood Pharmacy to provide prescription medications for inmates in the Weber County
Correctional Facilities; Commissioner Bischoff seconded, all voting aye.

 

2. Contract with Core Logic Systems for an Electronic Medical Records System in
the Weber County Correctional Facilities - Contract C2006-43

Julie Richesson, Weber County Correctional Facility, stated that this electronic medical records
system would interface with the Jail management system. It is designed to stop double entries,
ensure medical records privacy, and interface with the pharmacy company and Jail management
system to facilitate a comprehensive medical program. The County Attorney’s Office had
reviewed this contract, which contains a 90-day termination clause. Ms. Richesson addressed
Chair Dearden’s questions stating that the inmates were charged $3/prescription, $10 for a medical
visit with no charge for a returning visit on the same problem, and if the inmate could not pay, the
county did not deny medical attention.
Commissioner Bischoff moved to approve Contract C2006-43 by and between Weber County and
Core Logic Systems for an Electronic Medical Records System in the Weber County Correctional
Facilities; Commissioner Cain seconded, all voting aye.

 

3. Contract with Mercury Transaction Services, Inc. for dial-up access to the
Weber County Tax System - Contract C2006-44

Roger Brunker, County Recorder’s Office, presented this standard contract for dial-up access.
Commissioner Cain moved to approve Contract C2006-44 by and between Weber County and
Mercury Transaction Services, Inc., for dial-up access to the Weber County Tax System;
Commissioner Bischoff seconded, all voting aye.

 

4. Final approval of Moose Hollow Condominiums Phase 6, 3 buildings, 36 units, at
3605 Huntsman Path, and the acceptance of a financial guarantee of $226,593.50

Kevin Hamilton, County Planning Department, stated that the Moose Hollow Condominiums
project had started in 1998 and the Planning Commission had unanimously recommended
approval of this item.
Commissioner Bischoff moved to grant final approval of Moose Hollow Condominiums Phase
6, 3 buildings, 36 units, at 3605 Huntsman Path, and the acceptance of a financial guarantee of
$226,593.50; Commissioner Cain seconded, all voting aye.

 

5. Interlocal Cooperation Agreement to allow Pleasant View City to perform
inspections on a pump house that was built in Weber County without a permit from
Weber County - Contract C2006-45

Craig Browne, County Building Inspections, stated that Pleasant View City had built a water pump
house on their property, which is located in unincorporated Weber County. The City had not been
aware of this when they built it and perform their own inspections on it. After they realized their
error they contacted the county to try to resolve the situation. Chris Allred, Deputy County
Attorney, noted that the county was responsible for issuing a building permit and that Rial Storey,
County Building Inspections, had explained to him that it would be difficult for the county to go
back now and do proper inspections and issue a building permit after the building had been
constructed. Consequently, Mr. Allred and Mr. Storey felt it best to shift the liability to the City
and make it responsible for proper inspections and building permits. The City has plans to
incorporate that land into their city in the future.
Commissioner Cain moved to approve Contract C2006-45, Interlocal Cooperation Agreement to
allow Pleasant View City to perform inspections on a pump house that was built in Weber County
without a permit from Weber County; Commissioner Bischoff seconded, all voting aye.

 

 6. Agreement with Your Community Connection (YCC) acknowledging that YCC
will comply with all requirements of the Community Development Block Grant
Program - Contract C2006-46

Dennis Richardson, County Engineer’s Office, noted that the county was sponsoring the YCC for
a CDBG grant and part of that application process required the county to enter into a subcontractor
agreement with the YCC. This contract basically states that the YCC will follow all the regulations
of the contract which the county will enter into with the State for the CDBG grants. Mr.
Richardson addressed Commissioner Cain’s question about the requirement that funds not be used
for personnel, employee benefits, etc.
Commissioner Bischoff moved to approve Contract C2006-46 by and between Weber County and
Your Community Connection (YCC) acknowledging that YCC will comply with all requirements
of the Community Development Block Grant Program; Commissioner Cain seconded, all voting
aye.

7. Final approval of Erich and Shelley Sontag Subdivision (2 lots) located at
approximately 1735 N. 5900 E. and acceptance of a financial guarantee for $3,800

Sean Wilkinson, County Planning Department, stated that this subdivision had one flag lot, which
had been given unanimous approval by the Board of Adjustment on March 9, 2006. The Planning
Commission had unanimously recommended final approval on March 28, 2006.
Commissioner Cain moved to grant final approval of Erich and Shelley Sontag Subdivision (2 lots)
located at approximately 1735 N. 5900 E. and acceptance of a financial guarantee for $3,800;
Commissioner Bischoff seconded, all voting aye.

 

G. Public Hearings:

1. Commissioner Bischoff moved to adjourn the public meeting and convene the public hearings;
Commissioner Cain seconded, all voting aye.

2. Public Hearing on 2006 Community Development Block Grant Approved Projects

Dennis Richardson, County Engineering, explained that this public hearing was called to allow all
citizens to provide input concerning the projects that were awarded under the 2006 Community
Development Block Grant Program. The county has amended its capital investment plan, which
is available for anyone who wants copies, and has decided to apply for funds on behalf of and for
the following projects:

1. The installation of ADA compliant door hardware on buildings located at the county
fairgrounds. This project will replace door hardware and install new automatic opening devices
on doors at the fairground buildings that are not currently in compliance with the American
Disabilities Act. The total amount of funds being applied for on this project are $52,580 per year
for two years.

2. Emergency home repair for low-to-moderate income persons located throughout Weber County
and to be administered by the Weber County Housing Authority. This project will provide funds
up to $5000 per household for such repairs as furnaces, roofing, septic systems, water damage, etc.
The total amount of funds being applied for on this project is $54,423 over two years.

3. The Senior Life program that provides minor home repair and maintenance to the elderly or
disabled homeowners throughout Weber County in order to provide safe and healthy living
conditions. This project is administered by Your Community Connection. By providing these
services, the elderly are able to remain in their own homes and not have to seek alternative housing
such as assisted living housing and nursing care centers. The total amount of funds being applied
for on this project is $7,021 and will be used for equipment and material expenses.
All three of these projects were successful in the Weber Area Council of Governments rating and
ranking process.

Mr. Richardson addressed Commissioner Cain’s question regarding the YCC only applying for
$7,021. He noted that normally the State did not accept a project less than $30,000. The YCC had
originally applied for $30,000 and later could only justify $7,021 for actual materials and the State
accept it.

Chair Dearden then invited public comments and questions and none were offered.

3. Public Hearing regarding Zoning Petition ZP #02-04 amending the Uniform Zoning
Ordinance of Unincorporated Weber County - Chapter 22B Cluster Subdivision

Kevin Hamilton, County Planning Department, summarized that this ordinance required a certain
amount of open space and granted a more generous density bonus to encourage the building of
cluster subdivisions. In this preparation, Planning staff met with developers and engineering firms.
Mr. Hamilton stated that the current Cluster Subdivision Ordinance allowed generous bonus
densities but did not require minimum open space areas, and also that the Cluster Subdivision
regulations were found under two different ordinances, creating confusion. These amendments
encourage better residential development that creates and permanently protects open space in order
to preserve the rural character and natural beauty of unincorporated Weber County as called for
by the county’s General Plans.

The proposed bonus density increases are designed to offset the increases in open space
requirements. In the AV-3 and FV-3 zones the minimum open space needs to be 60% of the
development and in the Agricultural zones in the western part of the county it needs to be 30% of
the development. Other amendments included a 1/3 reduction in the required lot frontage,
reducing road construction costs, and less roads for the county to maintain if they become county
roads. Additionally, an owner of a lot will also own the open space with an open space easement
and will be responsible to maintain it–up to two 10-acre estate lots will be allowed. The Ogden
Valley and the lower valley differ in the bonus density distribution and are hereby divided into
three areas: Forest Zones in the Ogden Valley. These can get a maximum bonus density of 20%.
Agricultural Valley and Forest Zones. These zones can receive a maximum bonus density of 30%.
Agricultural Zones. The Western Planning Commission felt strongly about preserving open space
because of the amount of development taking place around them and asked for a minimum of 30%
open space. They felt comfortable with a 50% bonus density. Amenities have to be provided to
the public to get those bonus densities. This ordinance requires an open space easement to the
county and to the homeowners association. Commissioner Cain asked about language in the
ordinance stating that the homeowners association “shall be responsible for liability insurance...”
and after some discussion the commissioners asked that this language be rewritten.

If a bonus density is granted for preserving critical wildlife habitat, an easement must be offered
to the Utah Division of Wildlife Resources.

Chair Dearden invited public comments and the following is a summary:

John Reeve, of unincorporated Weber County, stated that he was in favor of the cluster subdivision
ordinance. Allan Karras, of Roy, a real estate agent and builder, spoke in favor of this ordinance,
stating that it helps maintain some open space, to have a lot that is more manageable for
homeowners, and helps with water conservation. He felt that some restrictions should be placed
on landscaping and requiring xeriscaping.


 4. Public Hearing on Zoning Petition ZP #11-04 to amend Uniform Zoning Ordinance
of Unincorporated Weber County by adding Chapter 42, Accessory Apartments

Kevin Hamilton, County Planning Department, stated that members of the public approached the
County Planning Department stating that they were getting older and had a fairly large home and
lot where they were desirous to stay but could not maintain it anymore. At this time the moderate
income housing plan was being created and this ordinance was evaluated to provide a means
whereby someone could rent out their home. The biggest concern had been about turning the
western part of the county into rental areas where there were large groups of transient people. In
researching this issue it was found in a legal court case that, to maintain the character of the
community, it could be required that these properties be owner-occupied.

This ordinance allows homeowners to apply for a Conditional Use Permit to have an accessory
apartment, which must be attached to the home, must not be over 800 sq. feet, and must have a
separate entrance to the building. Chair Dearden asked if both Planning Commissions had
recommended approval. Mr. Hamilton responded that the Western Planning Commission had
recommended approval. There had been some concerns in the Ogden Valley such as increasing
density and they tabled the item until the recreation element of the General Plan had been
completed. However, that plan did not address this issue and it went back to the Ogden Valley
Planning Commission on 2/28/4006 where it was unanimously approved. Commissioner Bischoff
asked why the 800 ft. had been chosen as a maximum; he did not feel it would be appropriate in
all cases. The language also called for a maximum of two bedrooms. Mr. Hamilton said that the
language had been copied straight from Utah County and the idea had been not to create a situation
of duplexes. Commissioner Cain felt comfortable with the minimum square footage and the
maximum of two bedrooms but not the remainder of the paragraph. Chair Dearden wondered if
that language wasn’t to limit building the equivalent of two houses on one lot.

Mr. Hamilton said that because this item required a Conditional Use Permit each request would
have to come before the Planning Commission, the neighbors within 500 ft. would have to be
notified of the request, and the Planning Commission could approve it with any additional
conditions.

Chair Dearden invited public comments and following is a summary:

John Reeve, of unincorporated Weber County, asked if the people living in the accessory
apartment had to be relatives of the homeowner and that Ogden City required that it be a relative
in the R-1 zone. The county’s ordinance only requires that it be owner occupied and Mr. Reeve
expressed concern because it almost created a duplex situation, and he felt enforcement could be
a problem. Mr. Hamilton said that the hope is that when a property is owner occupied, that it is
better maintained.

Allan Karras, of Roy, felt comfortable with the ordinance requiring owner occupancy and limiting
the sq. footage of the accessory apartment. He suggested having notification to utility companies
through the building permit process.

Craig Browne, Weber County Building Inspection, requested that his office be notified to make
sure the accessory apartment met code. Chair Dearden said that this ordinances required that all
provisions of the State Building Inspection Code, together with all other applicable construction
codes, be met.

Commissioner Cain noted some typographical errors in the ordinance.


 5. Public Hearing regarding approval of revisions to the Trappers Ridge at Wolf
Creek P.R.U.D. Site/Phase Plan, including adjusting the southern boundary line
and adding one unit to Phase 7

Sean Wilkinson, County Planning Department, stated that these were minor revisions to this
P.R.U.D.’s site and phase plan. One of the revisions is for a boundary change along the southern
property line, which resulted from a land swap to accommodate a neighbor but which not gone
before the Planning Commission at that time. The current Planning Commission recommended
approval in March 2006. The other revision was the addition of one unit to Phase 7 of this
P.R.U.D. which would be transferred from the Wolf Creek Master Plan bringing the total number
of units to 20. The overall density would increase to 149 units. There is sufficient open space and
buildable area to accommodate this extra unit but no additional units would be added to the Master
Plan through this revision. Chair Dearden invited public comments and none were offered.

6. Commissioner Bischoff moved to adjourn the public hearings and reconvene the public meeting;
Commissioner Cain seconded, all voting aye.

 

7. Action on public hearings:

G.2. - Public Hearing on 2006 CDBG Approved Projects
Commissioner Bischoff moved to approve the 2006 Community Development Block Grant
projects as presented; Commissioner Cain seconded, all voting aye.

G.3. - Public Hearing on Chapter 22B, Cluster Subdivision
G.4. - Public Hearing on Chapter 42, Accessory Apartments

Items G.3 and G.4 will be revisited and presented at the May 2, 2006 Commission meeting.

G.5. - Public Hearing on revisions to the Trappers Ridge at Wolf Creek P.R.U.D.
Site/Phase Plan
Commissioner Cain moved to approve the revisions to the Trappers Ridge at Wolf Creek P.R.U.D
Site/Phase Plan, including adjusting the southern boundary line and adding one unit to Phase 7;
Commissioner Bischoff seconded, all voting aye.

H. Assign Pledge of Allegiance & Thought of the Day for Tuesday, may 2, 2006, 10 a.m.

I. Public Comments: None

J. Adjourn
Commissioner Bischoff moved to adjourn at 7:55 p.m.; Commissioner Cain seconded, all voting aye.

Craig L. Dearden, Chair
Weber County Commission

Linda G. Lunceford, CPO
Weber County Clerk/Auditor