Minutes for 2007-01-09, Direct pdf link.

MINUTES OF THE BOARD OF COMMISSIONERS OF WEBER COUNTY

Tuesday, January 9, 2007 - 10:00 am.
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; Craig L. Dearden; and Jan M. Zogmaister.

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 - Alan McEwan
C. Thought of the Day - Commissioner Zogmaister

D. Consent Items:
1. Purchase Orders in the amount of $5,466,337.85
2. Warrants #221756 - #221949 in the amount of $1,788,147.89, less warrant #221880 for $209.84
3. Minutes for the meeting held on January 2, 2007
4. Set public hearing for February 6, 2007, 6 p.m., on ZP #04-06, proposed amendments to Zoning
Ordinance, Chapter 28, to allow property owners to add property to legal non-conforming parcels
5. Set public hearing for February 6, 2007, 6 p.m., on ZP #19-06 to amend Chapter 4A (Gravel Zone
G-2) of the Uniform Land Use Ordinance of Unincorporated Weber County by adding material
recycle, reclamation & redistribution of rock, concrete, asphalt & dirt as a Conditional Use
Commissioner Dearden moved to approve the consent items; Commissioner Zogmaister seconded,
all voting aye.

E. Action Items:

1. Contract with Lasting Impressions for Janitorial Service at Weber Center -
Contract C2007-23

Doug Dickens, County Operations, stated that this was a contract renewal with only a change to
the date to reflect the new year.
Commissioner Zogmaister moved to approve Contract C2007-23 by and between Weber County
and Lasting Impressions for Janitorial Service in the Weber Center; Commissioner Dearden
seconded, all voting aye.

 

2. Resolution appointing members to the Golden Spike Event Center Advisory Board
- Resolution 10-2007

Jennifer Graham, Recreational Facilities Director, stated that some appointments were expiring
this month and three of them, Brian Sneddon, Brandon Peterson and Steve Fishburn, were willing
to continue serving for another 4-year term. Due to resignations there were three other vacancies
and the Advisory Board also recommended names in their order of preference. One of these
appointments will complete the remaining year of a vacated position on 12/31/2007.
Commissioner Dearden moved to adopt Resolution 10-2007 appointing Brian Sneddon, Brandon
Peterson, Steve Fishburn, Robert Lindquist, and Dave Hardman to 4-year terms ending
12/31/2010 and Kevin Ireland to complete the remaining term through 12/31/2007 in the Golden
Spike Event Center Advisory Board; Commissioner Zogmaister seconded.
Roll Call Vote:
Commissioner Zogmaister. . . . . . . . . . . . . . . . . . . . . . .aye
Commissioner Dearden . . . . . . . . . . . . . . . . . . . . . . . .aye
Chair Bischoff . . . . . . . . . . . . . . . . . . . . . . . . . .aye



3. Resolution approving Interlocal Agreement with Box Elder County, Logan City
and Wasatch Integrated Waste Management District to create the Northern
Utah Regional Landfill Authority - Resolution 11-2007, Contract C2007-24

See also Commission Minutes of 12/5 & 12/28/2006. Gary Laird, Transfer Station Manager,
stated that there had been much discussion on this item for over a year. The concept is to join
forces to build a larger waste stream, thereby decreasing the cost per ton. This organization is
modeled after the Utah Association of Municipal Power Systems. Chair Bischoff said that a work
session had been held (12/28) with all the counties involved and had been well attended by the
participants. The contract had been scrutinized and changes made. Mr. Laird addressed
Commissioner Zogmaister’s question stating that the next step was to establish bylaws within the
next three months and to formulate the plan and bring it before the Commission. Issues such as
who will participate, the level of participation, and the benefits of the project will have to be
determined and Mr. Laird said this process could take one to five years.
Commissioner Dearden moved to adopt Resolution 11-2007 approving Interlocal Agreement
C2007-24 by and among Weber County, Box Elder County, Logan City and Wasatch Integrated
Waste Management District to create the Northern Utah Regional Landfill Authority;
Commissioner Zogmaister seconded.
Roll Call Vote:
Commissioner Zogmaister. . . . . . . . . . . . . . . . . . . . . . .aye
Commissioner Dearden . . . . . . . . . . . . . . . . . . . . . . . .aye
Chair Bischoff . . . . . . . . . . . . . . . . . . . . . . . . . .aye



4. Contract with Schmitt, Griffiths, Smith & Co., P.C. for Independent Auditing
Pur poses - Contract C2007-25

Dan Olsen, County Comptroller, stated that a Request for Proposals had been issued in September
and several responses had been received. The Audit Committee recommended the firm of Schmitt,
Griffiths, Smith & Co., P.C. Mr. Olsen gave an overview of the contract including that it was for
five years, beginning with 2007, with an optional two year extension, the firm is required to hold
their workpapers for five years rather than three years, and every year they will provide an
engagement letter to the county. There is a 90-day termination clause.
Commissioner Zogmaister moved to approve Contract C2007-25 by and between Weber County
and Schmitt, Griffiths, Smith & Co., P.C. for independent auditing purposes; Commissioner
Dearden seconded, all voting aye.

5. Contract with Blomquist Hale Consulting Group to provide employee assistance
to Weber County Sheriff’s Office - Contract C2007-26

Brad Slater, Weber County Sheriff, requested the renewal of this contract stating that it had been
found to be very beneficial to the Sheriff’s office and its employees. He gave a brief overview of
the services that Blomquist provides and of the fee schedule. Chair Bischoff asked if there would
be some overlap between the services that IHC provides and Blomquist. The Sheriff said that this
was a no-cost service to the employee, IHC required $50/visit, the number of visits were limited,
and IHC did not provide a fitness for duty evaluation. In the past when a fitness for duty
evaluation had been requested from an outside organization, it had been costly. He noted that they
had been contracting for about a year under this contract and would be better able to determine
how beneficial and cost effective it was after another year or two. Thus far, he found the analysis
of the data encouraging. Commissioner Dearden pointed out that through this contract, the
Sheriff’s Office, with a release by the employee, could receive information on the status of the
employee, which could be essential for the fitness for duty evaluation. This is not available with
IHC.
Commissioner Dearden moved to approve Contract C2007-26 by and between Weber County and
Blomquist Hale Consulting Group to provide employee assistance to Weber County Sheriff’s
Office; Commissioner Zogmaister seconded, all voting aye.

6. Contract with Xerox for a new copy machine in the Weber County Attorney’s
Office - Contract C2007-27

David Wilson, Deputy County Attorney, noted the high usage of the copy machine in the
Attorney’s Office and stated that the copier was requiring frequent repair. The contract amount
is $3,356.00/year for five years.
Commissioner Dearden moved to approve Contract C2007-27 by and between Weber County and
Xerox for a new copy machine in the Weber County Attorney’s Office; Commissioner Zogmaister
seconded, all voting aye.

 

F. Public 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 Zoning Petition ZP #20-2006 by Erich Sontag to rezone property
at approximately 1900 N. 5900 E. from Shoreline S-1, to Agricultural Valley AV-3

Kevin Hamilton, County Planning Department, stated that the petitioner was requesting the
rezoning of approximately 17.05 acres in the Ogden Valley north and east of the north arm of the
Pineview Reservoir. Unlike most properties in the S-1 zone, this property does not border on
Reservoir property. The rear of the property is zoned S-1 and the front is AV-3, and the split
between the current zoning leaves the petitioner with part of his property in zoning that allows one
unit per 3 acres and the remaining allows one unit per 5 acres. The petitioner’s house will remain
in the S-1 zone.

Rezoning this property will not affect any of the other goals/objectives of the Master Plan and will
promote the petitioner’s property rights. The Planning Commission unanimously recommended
approval of this petition. Mr. Hamilton addressed Commissioner Dearden’s question stating that
in the 500 ft. between the petitioner’s property line and the BLM property was farmland. Mr.
Hamilton said that there had been speculation about the possibility of building a school in the
future on 1900 N. Chair Bischoff invited public comments and Mr. Sontag, petitioner, requested
approval of this petition, which had been at the Board of Adjustment’s recommendation. Mr.
Hamilton asked that the motion be to direct staff to prepare the ordinance.

3. Public hearing on amendment SUBORD #01-06, proposed amendments to Chapter
One of the Subdivision Ordinance

Kevin Hamilton, County Planning Department, stated that the proposed changes were to eliminate
ambiguities, clarify the subdivision process and create an administrative approval process for
smaller subdivisions. One proposed change included allowing property owners to create from one
to five lot subdivisions without going to the Planning and County Commissions for approval in
cases where the new subdivisions would not create any new roads or in the case of a subdivision
with five lots or fewer that had received preliminary approval where all the regulations of the
Zoning Ordinance had been met and followed the approved preliminary plan. Another amendment
included that if preliminary approval went to the Planning Commission and their recommendation
was not appealed to the County Commission, then the preliminary approval recommendation
would stand. This amendment allows the ordinance to follow current practice.

Commissioner Dearden noted that subdivisions receiving preliminary plan approval would have
18 months from date of approval to receive recommendation for final approval from the Planning
Commission, and could receive another 18-month extension to continue upon repayment of the
subdivision application fees. Commissioner Dearden referred to 26-1-4 of the proposal and asked
if the Planning Department planned to have a summary sheet that would go out with every
application stating the subdivision application submittal requirements, the 18 month limitation, etc.
Mr. Hamilton replied that was correct. Commissioner Dearden wanted to make sure applicants
knew exactly what was required from the onset. Commissioner Zogmaister wanted to ensure that
the county was not sort cutting the approval process, but rather shortening the length of time of the
approval process. Mr. Hamilton said that this was for subdivisions where those property owners
had an absolute right to subdivide, that those cases that fell under this minor subdivision process
still required notice to be sent out, but these were for situations that if petitioners met code, their
petitions would be approved. David Wilson, Deputy County Attorney, concurred stating that as
long as the subdivisions had already received preliminary approval and met all the requirements,
it was the property owners right to develop. Chair Bischoff invited public comments and none
were offered.

4. Public hearing on ZP #14-2006 by Dave Lesley to amend Chapter 6 “Agricultural
A-2 Zone” of the Zoning Ordinance to allow up to 6 employees as part of a home
occupations with visiting clientele

Commissioner Dearden asked that this hearing not be held today to give Mr. Lesley an opportunity
to attend the Planning Commission meeting on this issue. There had been miscommunication
between Mr. Lesley’s item being on the Planning Commission and the County Commission agenda
which caused Mr. Lesley to miss the date of the Planning Commission meeting. The Planning
Commission had heard the item and denied it but he had not been present. Mr. Hamilton said that
the soonest this item could go on the Planning Commission agenda would be in February. This
public hearing will need to be republished later.

5. Public hearing on Zoning Petition ZP #21-2006 by Audrey and Rod Carver to amend
Chapter 5B (Agricultural Valley AV-3) of the Uniform Land Use Ordinance of
Unincorporated Weber County by adding “Petting Zoo” as a permitted use

Kevin Hamilton, County Planning Department, stated that the petitioners had been operating a
petting zoo, which had gone through some very stringent federal oversight and the Planning
Department had not been aware of it. The petitioners then found out that they had not received
proper county approval nor was a petting zoo allowed in the zone in which they were located. The
property is located adjacent to a commercial area in the Ogden Valley and the county never
received any complaints. The petitioner was requesting that a petting zoo be added to the Zoning
Ordinance and Mr. Hamilton noted that one of the goals of the Zoning Ordinance was to promote
a sense of pride in the Valley’s culture and heritage and this provided an opportunity for them to
display domestic animals that fewer children have an opportunity to see. The Planning Department
felt it was a great idea to add the use and the only requirement was that it be allowed only in areas
where it would be accessed off a major road or roads shown on the county road plan as having an
80 ft. wide right-of-way. Chair Bischoff invited public comments and Lance Quinn, representing
the petitioner, said that the Carvers would like to put up porta-potties and if they needed to they
would put in a permanent restroom. However, this was a small operation for children to come pet
animals, there weren’t that many people there at once, they only spent 30-45 minutes there, and
they would be driving way down the lane and off the road so there would not be a dust issue for
other people.

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

7. Action on public hearings:

F.2.-Public hearing on Zoning Petition ZP #20-2006 to rezone property at
approximately 1900 N. 5900 E. from Shoreline S-1, to Agricultural Valley AV-3
Commissioner Dearden moved to direct Planning staff to prepare the ordinance on this item;
Commissioner Zogmaister seconded, all voting aye.

F.3. - Public hearing on SUBORD #01-06, amendments to Chapter One of the Subdivision
Ordinance - Ordinance 2007-1

Commissioner Zogmaister desired to change the number of lots from five to three believing that
five homes within a subdivision constituted a good size development, and the number of cars, the
number of people, etc., needed to be considered. Mr. Hamilton said that he did not have a
preference between three or five lots but preferred not going above five. The commissioners asked
if there was a process whereby a petitioner could petition for more than three lots and Mr.
Hamilton responded that there was a process in place.
Commissioner Zogmaister moved to adopt Ordinance 2007-1 amending Chapter One of the
Subdivision Ordinance, Title 26 of the Weber County Ordinances with the change to the number
of lots from five to three; Commissioner Dearden seconded.
Roll Call Vote:
Commissioner Zogmaister. . . . . . . . . . . . . . . . . . . . . . .aye
Commissioner Dearden . . . . . . . . . . . . . . . . . . . . . . . .aye
Chair Bischoff . . . . . . . . . . . . . . . . . . . . . . . . . .aye


5. Public hearing on Zoning Petition ZP #21-2006 by Audrey and Rod Carver to add
“Petting Zoo” as a permitted use - Ordinance 2007-2
Commissioner Dearden moved to adopt Ordinance 2007-2 to amend Chapter 5B (Agricultural
Valley AV-3) of the Uniform Land Use Ordinance of Unincorporated Weber County by adding
“Petting Zoo” as a permitted use; Commissioner Zogmaister seconded.
Roll Call Vote:
Commissioner Zogmaister. . . . . . . . . . . . . . . . . . . . . . .aye
Commissioner Dearden . . . . . . . . . . . . . . . . . . . . . . . .aye
Chair Bischoff . . . . . . . . . . . . . . . . . . . . . . . . . .aye


G. Assign Pledge of Allegiance & Thought of the Day for Tues., January 16, 2007, 10 a.m.

H. Public Comments:

Connie Chandler asked about the status of the Ethics Pledge and Chair Bischoff said it was being
reviewed and it was anticipated to be on the agenda next week.

I. Adjourn
Commissioner Dearden moved to adjourn at 11:12 p.m.; Commissioner Zogmaister seconded, all
voting aye.

Kenneth A. Bischoff, Chair
Weber County Commission

Alan D. McEwan, CPA
Weber County Clerk/Auditor