Minutes for 2006-10-10, Direct pdf link.

MINUTES OF THE BOARD OF COMMISSIONERS OF WEBER COUNTY
Tuesday, October 10, 2006 - 9:00 a.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 and Camille T. Cain. Kenneth A. Bischoff was
excused.

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

A. Welcome - Chair Dearden
B. Pledge of Allegiance - Dan Olsen
C. Thought of the Day - Chair Dearden

D. Consent Items:
1. Purchase Orders in the amount of $83,641.00
2. Warrants #218363 - #218532 in the amount of $1,476,266.85
3. Request from County Recorder’s Office to surplus:Minolta 3000 Microfilm/fiche reader/printer;
Microfilm Recorder; Dietzgen 636S Copier; Sharp Cash Register; Cannon Microfiche Reader
4. Set public hearing date for October 31, 2006, 10 a.m., on ZP #13-2006 by Casey Pratt to amend
Weber County Zoning Ordinance to allow boat, personal watercraft, and ATV rentals and serve
as a Conditional Use Permit in the Commercial Valley Zones (Chapter 18B)
5. Set public hearing date for October 31, 2006, 10 a.m., on ZP #15-2006 by Brad Kelly to rezone
property in the vicinity of 1736 N. 6250 E. from S-1 to AV-3
6. Request for approval for purchase of a new sweeper for the Weber County Transfer Station
Commissioner Cain moved to approve the consent items; Chair Dearden seconded, both voting
aye.

E. Presentation: Special Thank You Presentation and Report on GOAL (Greater Ogden
Athletics Legagy)

Andy Waters, GOAL Executive Director, and Kim Buttschardt, Vice Chair, thanked the
Commission for their support in 2006, which had allowed them to produce events that will
continue to benefit the greater Ogden area. They presented a plaque to the Commission from last
year’s marathon with one of the medals. Chair Dearden thanked GOAL for all their hard work.

F. Action Items:

4. Engagement letter for Randall M. Larsen of Ballard, Spahr, Andrews and
Ingersoll to act as Bond Counsel for the Dr. W.C. Swanson Foundation Bonds

David Wilson, Deputy County Attorney, stated that this was an engagement letter for Ballard
Spahr who is acting as bond counsel for the Swanson Foundation (Foundation) on bonds that
the Commission moved to act as conduit issuer on 10/03/2006 in order for the Foundation to
issue tax exempt bonds. He noted that the Foundation would pay all costs. Commissioner Cain
asked for clarification of a paragraph in the letter that stated Weber County was Ballard Spahr’s
client in this engagement and they were not representing the Swanson Foundation. Mr. Wilson
replied that Ballard Spahr was acting as bond counsel for the issuer and were being paid by the
Foundation out of bond proceeds. The county has no financial obligation.
Dan Olsen, County Comptroller, said that because the county’s name was on the bond, he
believed there was a separate engagement letter with the Foundation and this letter was stating
that Ballard Spahr would also act as the county’s bond counsel. Mr. Wilson was wondering
whether Ballard Spahr was involved from both sides of this issue.
Commissioner Cain moved to approve the engagement letter for Randall M. Larsen of Ballard,
Spahr, Andrews and Ingersoll to act as Bond Counsel for the Dr. W.C. Swanson Foundation
Bonds; Chair Dearden seconded, both voting aye.

 

3. Removal of properties from county system based on recommendation from County
Surveyor and agreed upon by County Surveyor and Recorder:
LSNs 20-030-0013 and 09-078-0022

Margarit Nersisian, Clerk/Auditor’s Office, stated that the County Surveyor’s Office had
researched both of these properties. Both the Surveyor and Recorder had signed a document
agreeing that they be removed.
Commissioner Cain moved to remove LSNs 20-030-0013 and 09-078-0022 from the county
system, based on a recommendation from the Weber County Surveyor and Recorder; Chair
Dearden seconded, both voting aye.

 

5. Contract with Revco Leasing to upgrade the printer and copier in the
Clerk/Auditors Office - Contract C2006-156

Dan Olsen, County Comptroller, stated that the Clerk/Auditor’s had one copier and one
printer/copier which were heavily used and broke down frequently. This is a five-year agreement.
Commissioner Cain moved to approve Contract C2006-156 by and between Weber County and
Revco Leasing to upgrade the printer and copier in the Clerk/Auditors Office; Chair Dearden
seconded, both voting aye.

 

1. Resolutions and Interlocal Agreements by and between Weber County and the
following cities for animal control services:
B. South Ogden - Resolution 15-2006, Contract C2006-157
C. Riverdale - Resolution 16-2006, Contract C2006-158
D. Marriott-Slaterville - Resolution 17-2006, Contract C2006-159
E. West Haven - Resolution 18-2006, Contract C2006-160
F. Hooper - Resolution 19-2006, Contract C2006-161
G. Plain City - Resolution 20-2006, Contract C2006-162
H. Harrisville - Resolution 21-2006, Contract C2006-163
I. Farr West - Resolution 22-2006, Contract C2006-164
J. Huntsville - Resolution 23-2006, Contract C2006-165
A. Washington Terrace - Resolution 23-2006, Contract C2006-165

Ron Willis, Weber County Animal Control, was not present for this item and David Wilson,
Deputy County Attorney, briefly addressed it. Mr. Wilson said that these renewal terms went
through June 30, 2007 and he referred to some comments on the contract summaries by Dan Olsen,
County Comptroller, including a typographical error on Harrisville’s contract date. Mr. Olsen had
spoken with Chief Zimmerman, Sheriff’s Office, about this issue. The fees charged for animal
control services had been determined several years ago and needed to be reviewed, however, Chief
Zimmerman desired to approve the contracts at this time to continue providing the services. The
only amounts outlined in these contracts are the base fees that cities pay, but the county also keeps
all the shelter, license and adoption fees. Mr. Olsen had a question on Washington Terrace’s value
of a truck and cage, which he believed they valued too high, and this contract was handled under
a separate motion later in this meeting.
Commissioner Cain moved to adopt the following resolutions approving Interlocal Agreements
by and between Weber County for animal control services:
B. South Ogden - Resolution 15-2006, Contract C2006-157;
C. Riverdale - Resolution 16-2006, Contract C2006-158;
D. Marriott-Slaterville - Resolution 17-2006, Contract C2006-159;
E. West Haven - Resolution 18-2006, Contract C2006-160;
F. Hooper - Resolution 19-2006, Contract C2006-161;
G. Plain City - Resolution 20-2006, Contract C2006-162;
H. Harrisville - Resolution 21-2006, Contract C2006-163;
I. Farr West - Resolution 22-2006, Contract C2006-164;
J. Huntsville - Resolution 23-2006, Contract C2006-165;
Chair Dearden seconded, both voting aye.

Mr. Olsen had read his email since speaking to this item earlier. Chief Zimmerman’s email had
stated that he had checked the blue book and set the value midrange at $6,000, the cage’s value
was set at $2,000, and there were some miscellaneous equipment, for a total of $8,500 credit.
Commissioner Cain moved to adopt resolution 24-2006 approving Interlocal Agreement C2006-
166 by and between Weber County and Washington Terrace for animal control services; Chair
Dearden seconded.
Roll Call Vote:
Commissioner Cain. . . . . . . . . . . . . . . . . . . . . . . . . .aye
Chair Dearden. . . . . . . . . . . . . . . . . . . . . . . . . . .aye



To accommodate Commission schedules, this meeting was recessed to handle the Board of
Equalization meeting scheduled for 9:30 a.m.

Commissioner Cain moved to recess the public meeting and move into the Board of Equalization
meeting; Chair Dearden seconded, both voting aye.

2. reduction of the building permit fees on the reservoir project by Uintah
Highlands Improvement District

Craig Browne, Building Inspection, believed that Uintah Highlands Improvement District was
asking for a reduction in building permit fees for the culinary reservoir they were constructing.
In the past, the Commission had reduced fees for utilities. The county could do this at its cost of
about $2,000.

Blaine Brough, Manager, Uintah Highlands Improvement District, requested a reduction on their
building permit fees inasmuch as they were a public entity. In the past when they built a reservoir
they were not assessed a building permit fee and had been under the impression it would be the
same now. Mr. Brough said that the District was required to do some of the inspections and also
some improvements, which included widening the county road ($11,000), install curb and gutter
($6,000), storm water retention ($144,000) etc., which helped the county and its residents.

Chair Dearden said that the county on occasion reviewed permit fees and reduced them to the
county’s cost. Since the District conducts some of the inspections that decreases the county’s
costs. Commissioner Cain pointed out that she lived in the District, however, this did not have a
bearing on the issue. She noted that because the county makes certain requests of other
jurisdictions when it works in their cities, the county waives certain fees and tries to reciprocate
with other government entities when possible.
Commissioner Cain moved to reduce the building permit fees on the reservoir project and refund
the excess to Uintah Highlands Improvement District; Chair Dearden seconded, both voting aye.

 6. Request for approval of contract with Weber State University for D-1 and D-2
Hockey Games to be played at the Weber County Ice Sheet during the 2006-2007
season

7. Request for approval of contract with Utah High School Hockey for High
School Hockey games to be played at the Weber County Ice Sheet during the 2006-
2007 season

Mike Caldwell, Ice Sheet,was not present to address items F. 6 and F.7 and they were held.

G. Public Hearings will be held at 10:00 a.m.

1. Commissioner Cain moved to adjourn the public meeting and convene the public hearings; Chair
Dearden seconded, both voting aye.

2. Public hearing on ZP #07-2006 by Pat & Sherrie Dohrer to amend the County
Zoning Ordinance to allow cooking classes, weddings, family reunions and similar
events as part fo a Bed and Breakfast in the FV-3 zone

Kevin Hamilton, County Planning Department, stated that the Planning Commission had felt it was
inappropriate to expand commercial uses in the FV-3 zone. It allows bed and breakfast inns, but
only permits those staying there to participate in activities at the bed and breakfast inns. Mr.
Hamilton had just been informed that the petitioners would not be able to be present today and he
requested continuation of this public hearing to allow them to address the Commission.

Chair Dearden invited public comments and following is a summary:
Val Bielecki, residing behind the Alaskan Inn, expressed concern because this seemed to be a
significant expansion of the bed and breakfast inn role, potential contamination of the river because
of its proximity to it, and how they would handle parking because practically every weekend the
parking lot is full to capacity. Mr. Hamilton noted that the Alaskan Inn was not a bed and
breakfast nor was it in the FV-3 zoning.

3. Public hearing on ZP #04-06 proposed amendments to Zoning Ordinance, Chapter
28, to allow property owners to add property to legal non-conforming parcels

Kevin Hamilton, County Planning Department, stated that several years ago large portions of the
Ogden Valley had been down- zoned from one acre to three acre zoning. Several small parcels had
been created prior to this zoning, including in the Ogden Canyon and along the highway to Monte
Cristo. The purpose of this amendment is to allow property owners to combine legal non-
conforming parcels to adjoining properties without bringing them into current area requirements
for the zone where the property is located. This will help reduce the number of legal non-
conforming parcels that can be built on and allow property owners to bring their properties into
closer compliance with current zoning. No comments were received at the Planning Commission
on this proposed amendment. Both Planning Commissions recommended approval. Mr. Hamilton
addressed Commissioner Cain’s question stating that the structures built on the newly created lot
needed to conform to the architectural style of existing non-commercial structures within 500 ft.
of the new lot. She thought perhaps that language should be clarified and Mr. Hamilton said it
could be revised to be more specific.

Chair Dearden invited public comments and following is a summary:
Nick Breeze, Ogden Canyon resident, referred to a Health Department meeting about one month
ago. He noted that currently these properties could not be combined and he believed this item was
before the Commission because of Commissioner Bischoff and his son, Shawn Bischoff, to allow
them to combine two lots.
Mr. Breeze had obtained a plat and the properties had now been combined into one lot putting the
property in the FR-1 zone. Commissioner Cain was not aware of the Bischoffs’ property and
stated that this particular ordinance had nothing to do with that. She pointed out that the county
had been talking about this issue with a number of homeowners for a very long time because there
were many in the Ogden Valley and Ogden Canyon who had not been able to use their properties
since the zoning change. Mr. Breeze said that what had been done for Bischoff’s property had
been done against the zoning and they had figured it out and were now trying to correct it. Their
property was still under 20,000 sq. ft. but had now mysteriously increased. Chair Dearden stated
that there were people requesting to change the Zoning Ordinance to allow them to utilize their
property to build a home. Mr. Breeze said that what the Bischoffs did was not illegal but it put
them into the FR-1 zone, which was 1-acre not the 20,000 sq. ft. that they had and he wanted to
know who to talk with about this. David Wilson, Deputy County Attorney, responded that the
question would come up when the Bischoffs applied for a building permit, but it was not an issue
for this particular public hearing. Mr. Breeze felt that waiting for a building permit was too late
because the Bischoffs would have all the approvals and be under the FR-1 zoning by the current
rules. Chair Dearden noted that if they had already combined, this proposal did not impact them
and if they had not combined before and this ordinance was adopted, it would allow them to do
so. He asked Mr. Breeze meet with Planning staff about his issue and he would be glad to do so.

Kevin Lane, Ogden Canyon resident, said he agreed with what Mr. Breeze had said and that the
current zoning in the Ogden Canyon was FR-1, which was for low density housing. He has two
adjoining lots and enjoys them just as they are. He said that people who already have a house did
not need this proposal, even if their properties adjoined. Commissioner Cain asked if Mr. Lane
was thinking only of the Ogden Canyon when he made those statements and he responded that was
correct. She said that there were areas in the Ogden Valley where people had retained one acre
lots with the zoning of three acres and this had created some challenges. Mr. Hamilton said that
people could build on 1,000 sq. ft. lots created prior to current zoning in the Ogden Canyon if they
received septic tank permits, and drainfields and septic tanks are not always required to be located
on the same lot as the proposed dwelling. Mr. Hamilton reiterated that through this amendment,
the number of parcels that could be built on was reduced by allowing property owners who chose
to combine their property to create a larger lot rather than building on each parcel.

4. Public hearing on ZP #17-2006 by Staff to amend the Weber County Zoning
Ordinance to allow a building height of 35 feet in the S-1 zone

Kevin Hamilton, County Planning Department, showed a zoning map indicating the S-1 zone
adjacent to Pineview Reservoir. The zone requires a minimum lot size of five acres, however,
several years ago when the county set height limits there were certain zones that had no height
limit. In a few of those zones the height limit was set at 35 ft. because that was the height limit
allowed in almost every other zone, especially in residential zones. The area in the S-1 zone was
limited to 25 ft. height, perhaps to protect the view. The Planning Commissions reviewed the
recommended change by Planning staff to raise the height to 35 ft. The Ogden Valley Planning
Commission unanimously recommended approval and the Western Weber County Planning
Commission had one dissenting vote.

Chair Dearden invited public comments and following is a summary:
Nick Breeze, Ogden Canyon resident, referred to the Ski Lake Village condominium project stating
that Pineview Reservoir is not visible on the drive to Huntsville via the Old Snow Basin Road.
He said that people were opposed to the increased height because they wanted to see the Reservoir.
Mr. Breeze preferred the 25 ft. height on a shoreline because the condominiums, whatever height
they are, obscured much of the view. Commissioner Cain explained that the condominiums he
mentioned were in a commercial zone, and this amendment was for single family residential
property on five acre lots.

5. Commissioner Cain moved to adjourn the public hearings and reconvene the public meeting;
Chair Dearden seconded, both voting aye.

6. Action on public hearings:

G.2. - Public hearing on ZP #07-2006 by Pat & Sherrie Dohrer

David Wilson, Deputy County Attorney, stated that this item could simply be put on the
Commission agenda to allow input. It will be placed on the October 24, 2006 Commission
meeting.

G.3. - Public hearing on ZP #04-06 to allow property owners to add property to
legal non-conforming parcels

The Commission had not seen minutes of the Planning Commission and Mr. Hamilton said he
would get those minutes to the commissioners and prepare findings, incorporating them into the
ordinance.

G.4 - Public hearing on ZP #17-2006 to allow a building height of 35 ft. in S-1 zone -
Ordinance 2006-19
Commissioner Cain moved to adopt Ordinance 2006-19 amending the Uniform Land Use
Ordinance of Weber County to allow a building height of 35 feet in the Shoreline Zone S-1; Chair
Dearden seconded.
Roll Call Vote:
Commissioner Cain. . . . . . . . . . . . . . . . . . . . . . . . . .aye
Chair Dearden. . . . . . . . . . . . . . . . . . . . . . . . . . .aye




H. Assign Pledge of Allegiance &Thought of the Day for Tues., October 17, 2006, 10 a.m.

I. Public Comments: None.

J. Adjourn
Commissioner Bischoff moved to adjourn at 10:24 a.m.; Commissioner Cain seconded, all voting
aye.

Craig L. Dearden, Chair
Weber County Commission

Linda G. Lunceford, CPO
Weber County Clerk/Auditor