Minutes for 2007-02-13, Direct pdf link.

MINUTES OF THE BOARD OF COMMISSIONERS OF WEBER COUNTY
Tuesday, February 13, 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 and Craig L. Dearden.

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

A. Welcome - Chair Bischoff
B. Pledge of Allegiance - Kevin Hamilton
C. Thought of the Day - Chair Bischoff

D. Consent Items:
1. Purchase Orders in the amount of $729,012.19
2. Warrants #222871-#223100 for $890,590.69, less #222973 ($32,539.06) ; #222945($390.00)
3. Request by Sheriff’s Office to surplus 1 television, VCR, refrigerator and Video Court Monitor
Commissioner Dearden moved to approve the consent items as presented; Commissioner
Zogmaister seconded, all voting aye.

E. Presentation on the Annual Weber County Landfill Closure Report:

Gary Laird, noted that the county sent a report to the State annually and he outlined the processes
followed to comply. This included a report on the compost facility. Commissioner Zogmaister
referred the report which noted that there were ATV tracks all over the landfill and Mr. Laird said
that this was something he continually battled–that people cut the fence and signage was ignored.
Commissioner Zogmaister moved to accept the Landfill Closure and the Compost Reports and
authorized the Chair’s signature on them; Commissioner Dearden seconded, all voting aye.

F. Action Items:

1. Contract with Connex Information Systems, Inc., for the provision of computer
services for the Weber County Jail - Contract C2007-44

David Wilson, Deputy County Attorney, outlined this contract. A similar contract was approved
last year with Connex. The State Legislature authorized counties to charge inmates for maintaining
them in their correctional facilities. Connex developed software to track these costs and provides
some expanded opportunities for the jail in allowing people to place money in the inmates’
accounts, post bail, etc. online. This contract references those services and the costs. The county
will not pay Connex anything but will allow them, if they collect monies, to deduct 12% from
actual collections. This was set at $10/day per discussions with the Sheriff and commissioners.
Connex may also charge 1½% credit card transaction for bail, etc. if the transaction is done on the
internet. This agreement may be extended for another three years if agreeable between the parties.
Commissioner Zogmaister moved to approve Contract C2007-44 by/between Weber County and
Connex Information Systems, Inc., for the provision of computer services for the Weber County
Jail; Commissioner Dearden seconded, all voting aye.

 

2. Resolution of the Board of Commissioners of Weber County adopting an Ethics
Pledge in furtherance of the Weber County Strategic Plan - Resolution 16-2007

Chair Bischoff outlined the history of this item as this was the second reading. This pledge is a
result of the Strategic Plan, which identifies main objectives to better serve Weber County
citizens. Weber County wants these to be at the forefront and has placed them on the wall in the
Commission Chambers and the resolution will be posted on the county’s website. Chair Bischoff
read the resolution and the pledge, which each elected official and employee will be given to sign
in upholding these principles and for which there will be bi-annual training.
Commissioner Dearden moved to adopt Resolution16-2007 adopting an Ethics Pledge in
furtherance of the Weber County Strategic Plan; Commissioner Zogmaister seconded.
Roll Call Vote:
Commissioner Zogmaister. . . . . . . . . . . . . . . . . . . . . . .aye
Commissioner Dearden . . . . . . . . . . . . . . . . . . . . . . . .aye
Bischoff . . . . . . . . . . . . . . . . . . . . . . . . . . . . .aye



3. Amendments to Weber County Travel Expense Reimbursement Policy - Policy 9

Dan Olsen, County Comptroller, presented amendments to this policy to clarify items already in
practice. Elected officials/department heads had opportunities to give input. A new item to the
policy included a $50 per diem for certain premium cities; the regular per diem is $40. Most of
the proposed changes were modeled after the State of Utah’s travel policy.
Commissioner Zogmaister moved to approve the amendments to the Weber County Travel
Expense Reimbursement Policy, Policy 9; Commissioner Dearden seconded, all voting aye.

4. Amendment to the housing styles for a Planned Residential Unit Development at
approximately 3944 North Patio Springs Fairway Oaks Subdivision

Iris Hennon, showed a map and site plan stating that the proposed amendment was to add a second
story over the existing garage and a bay window in the living room. On 11/28/2006 the Ogden
Valley Planning Commission unanimously recommended approval of this item. The
Commission’s packet included letters from the Fairway Oaks Home Owners Association and from
the Oaks Home Owners Architectural Committee, which had deemed the amendments appropriate.
Ms. Hennon addressed Chair Bischoff’s question stating that approval of this item gave approval
throughout the subdivision.
Commissioner Dearden moved to approve an amendment to the housing styles for a Planned
Residential Unit Development at approximately 3944 North Patio Springs Fairway Oaks
Subdivision; Commissioner Zogmaister seconded, all voting aye.

 

5. Action on an appeal of the Western Weber County Planning Commission’s decision
to deny a conditional use permit for an accessory apartment at 587 S. & 7900 W.

Scott Mendoza, County Planning Department, showed an area map, site plan, building elevations,
and floor plan. Upon review of this application, Planning staff did not believe this proposal met
the intent of the Zoning Ordinance’s Chapter 42, Accessory Apartment, which is to provide
affordable housing and defines it as a use clearly incidental to and customarily found in connection
with a principal building or use. Staff’s opinion was that an accessory apartment of this size and
grand scale was not customarily found in connection with a single family dwelling but was more
closely related to a 2-family dwelling, which the A-3 Zone does not permit. This proposal was
for a 1,846 sq. ft. addition. Mr. Mendoza researched what HUD considers to be affordable housing
and a home of this realm would exceed the $636/month. The Planning Commission voted to
recommend denial of the proposal and during that discussion the applicant had proposed to deed
restrict the home to guarantee that, because it was so large, he would not ever rent that apartment
for more than HUD would allow.

Commissioner Zogmaister said that the proposed accessory apartment looked more like an
addition or a duplex, that the existing home footprint appeared to be smaller than the proposal and
that duplexes were not allowed in this zone.

 Cliff Bell, petitioner, stated that his in-laws were planning to retire and could not maintain nor
afford their current property and he and his wife were trying to accommodate them. He owns other
property in the area and had planned to do a flag lot behind his property and approached Mr.
Mendoza who said it required septic tank approval. Mr. Bell obtained that approval but Mr.
Mendoza told him that he was in an existing subdivision and could not create a flag lot. Mr.
Mendoza mentioned the Accessory Apartment ordinance and Mr. Bell went to the architect, tried
to follow the ordinance, and had cleared the project with the neighbors. He said that if they could
have a basement, this item probably would not be discussed. Mr. Bell felt he had met the
ordinance except the size. Commissioner Zogmaister asked if he could reduce the size to bring
it into compliance because the proposal had a huge patio, three potential bedrooms, a large living
room and kitchen, a great room, etc., and that this was quite a large building, and he said he had
already reduced it some and that his house footprint was much larger than the proposal’s.

Commissioner Zogmaister noted that the house might change hands and create problems in the
future. Mr. Bell said that he and his wife had given this a lot of thought for 1½ years. Chair
Bischoff asked what Mr. Bell needed to do to meet the requirements and Mr. Mendoza reiterated
the list of requirements, explaining technical requirements and also the purpose of the ordinance.
The first draft of the ordinance contained a 800 sq. ft. maximum floor area (see minutes, 4/18,
5/2/06) but had not made it into the final so the commission would review each case. Kevin
Hamilton, County Planning Department, noted that staff had at that time researched the average
apartment size to arrive at the 800 sq. ft., and that Planning staff looked at the ordinance definition
of accessory use which is “customarily found” and in his opinion the requirement had not been
met here because this was not something customarily found in connection with a permitted use.
Commissioner Dearden asked if Mr. Bell had considered building this house on one of his other
properties and he replied that it was not cost feasible. He noted that the Planning Department was
to review rental agreements every two years as part of the Conditional Use. Commissioner
Zogmaister referred to the ordinance stating that the intent was ignored because it did not create
additional affordable housing within that area. Commissioner Dearden noted that this would set
the standard for the future if someone else had the money to build onto their home. David Wilson,
Deputy county Attorney, explained deed restrictions and posed the question whether this
encouraged the development of duplexes.
Commissioner Dearden moved to deny the request for a Conditional Use Permit for an accessory
apartment located at 587 South & 7900 West based on the reasons stated by the Planning
Commission and planning staff including but not limited to the failure of the plan to meet the
definition of accessory and subordinate use, and also that it failed to meet the affordable housing
intent of the ordinance; Commissioner Zogmaister seconded, and Chair Bischoff voted nay.

 

 

G. 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 the creation of Agricultural Protection Area #2 by The Flint
Place, LLC (Marian F. Martin), LSNs 21-038-0001 and 21-039-0001

3. Public hearing on the creation Agricultural Protection Area #1 by Paul H.
Knight Trust, LSNs 10-045-0009, 0018, 0016, and 0014

Fátima Fernelius, Clerk/Auditor’s Office, noted that the Commission had heard these two above
items on 1/30/2007 and all the legal processes had been followed. However, these items had been
placed on that agenda in the regular portion of the meeting and this was to correct that and hear
them in a public hearing. Ms. Fernelius outlined the purpose of agriculture protection areas.
Chair Bischoff invited public comments and none were offered.

 4 . Public hearing on, and possible adoption of an ordinance approving Zoning Petition
ZP#23-2006 by the Swanson Family Foundation to add Public Safety Training
Facility as an allowed use in the Manufacturing M1 Zone

Kevin Hamilton, County Planning Department, stated that last Fall the Swanson Family
Foundation had approached the county with the idea of providing for a public safety training
facility in the Weber Industrial Park. There was no provision in county ordinance for a private
entity to offer this type of facility. Mr. Hamilton said that the benefit of this was that Swanson
would be able to work with several agencies and provide for a much broader scope of training to
different public safety divisions. Live fire training will be provided at these facilities. The
Planning Commission recommended that this be added to the ordinance, however, that it be
permitted as a Conditional Use, so that each future application for this type of facility will be
reviewed. The petitioner was present. Chair Bischoff invited public comments and none were
offered.

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

6. Action on public hearings:

G.2. - Public hearing on the creation of Agricultural Protection Area #2 by The Flint
Place, LLC (Marian F. Martin), LSNs 21-038-0001 and 21-039-0001
Commissioner Dearden moved to approve the creation of Agricultural Protection Area #2 by The
Flint Place, LLC (Marian F. Martin), LSNs 21-038-0001 and 21-039-0001; Commissioner
Zogmaister seconded, all voting aye.

 

G.3. - Public hearing on the creation Agricultural Protection Area #1 by Paul H.
Knight Trust, LSNs 10-045-0009, 0018, 0016, and 0014
Commissioner Zogmaister moved to approve the creation of Agricultural Protection Area #1 by
Paul H. Knight Trust, LSNs 10-045-0009, 0018, 0016, and 0014; Commissioner Dearden
seconded, all voting aye.

G.4. - Public hearing on Zoning Petition ZP#23-2006 to add Public Safety Training
Facility as an allowed use in Manufacturing M1 Zone - Ordinance 2007-5
Commissioner Zogmaister moved to adopt Ordinance 2007-5 to add Public Safety Training
Facility as a Conditional Use in the Manufacturing M1 Zone; Commissioner Dearden seconded.
Roll Call Vote:
Commissioner Zogmaister. . . . . . . . . . . . . . . . . . . . . . .aye
Commissioner Dearden . . . . . . . . . . . . . . . . . . . . . . . .aye
Chair Bischoff . . . . . . . . . . . . . . . . . . . . . . . . . .aye




H. Assign Pledge of Allegiance & Thought of the Day for Tues., February 20, 2007, 10
a.m.

I. Public Comments: None

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

 

Kenneth A. Bischoff, Chair
Weber County Commission

Alan D. McEwan, CPA
Weber County Clerk/Auditor