Land Use Authority Board Minutes 2-14-182018-03-14T10:34:46-06:00

FEBRUARY 14, 2018

Members Present:
Steve Bench, Chairman/Zoning Administrator
Chris Breinholt, City Engineer
Marc Christensen, Parks & Recreation Director—excused
Paul Fulgham, Public Works Director
Shawn Warnke, City Manager
Cynthia Nelson, Deputy Recorder

Chairman Bench called the Land Use Authority Board Meeting to order at 9:01 a.m. The meeting was held February 14, 2018 in the City Council Meeting Room at 102 South Tremont Street, Tremonton, Utah. Chairman Steve Bench, Engineer Chris Breinholt, Director Paul Fulgham, City Manager Shawn Warnke, and Deputy Recorder Cynthia Nelson were in attendance. Director Christensen was excused.

1. Approval of agenda:

Motion by Director Fulgham to approve the February 14, 2018 agenda. Motion seconded by Engineer Breinholt. Vote: Chairman Bench – aye, Engineer Breinholt – aye, Director Fulgham – aye, Manager Warnke – aye. Motion approved.

2. Approval of minutes: January 24, 2018

Motion by Director Fulgham to approve the minutes of January 24, 2018. Motion seconded by Administrator Bench. Vote: Chairman Bench – aye, Engineer Breinholt – aye, Director Fulgham – aye, Manager Warnke – aye. Motion approved.

3. New Business:

a. Final Site & Plat Approval for Tremonton Pines, Phase 2

Ryan Rogers said the biggest change they made was moving the storage units, which is a huge improvement. We shifted one of the buildings down so we were able to put them on the end of the project so it does not block off the Clubhouse and the splash pad was moved. They also moved the dumpsters. Manager Warnke said they extended the water line to the end and did the secondary irrigation stub on both sides of the street.

Manager Warnke moved onto the plat and asked if they cleared the easements. Mr. Rogers said they have updated that on the plat with the common area. Manager Warnke said it shows there is an existing sewer line with a manhole at the end, along with storm drain and sewer. Administrator Bench asked them to send him the boundary description so they could get that in the development agreement. Manager Warnke also wanted to discuss the curb cuts for the trail. Do we need to make any ADA considerations or ramps relative to the trail? Engineer Breinholt said you can—it is a street crossing so it would be a good idea to do a sidewalk and the same thing we do at street intersections as a warning device that they are crossing the street on the trail side—the other side is just for canal access. He asked if that is something these developers need to do or is it something the City would do with trail construction. Manager Warnke said they are providing access here to the canal company. Director Fulgham worried about the plates they would install at that access, saying they would not last long with the canal company going up and down that road, unless they used the high dollar stuff opposed to fiberglass. Manager Warnke said it might not be real conducive for a trail either. They confirmed the sidewalk would be six feet wide.

Mr. Rogers said they are working on the landscape plan and will get that sent over. The remaining parcel will be dedicated to the City for the secondary water pump stations. He asked about the timeline for the pump station because they would love to use that water soon. Engineer Breinholt said that particular area is one of my priority locations. Director Fulgham said a year is my best guess, but hopefully the City Council can move past where they need to so we can get it put out to bid this fall. Manager Warnke asked how they are going to dedicate that. Engineer Breinholt said this goes along with the stub too because that is currently not a dedicated roadway—we need a dedication plat for the rest of the road. Chadaz Estates has not done any final approval for their area. Administrator Bench said he would work with them. Mr. Rogers said we own the parcel here, but not the actual road—that is their road. Manager Warnke said they could add them as a signer of the plat. Engineer Breinholt said they should be okay with that because you are building a section of road they will not have to. Administrator Bench said they are on board with that knowing you guys are doing the infrastructure on this particular road. They looked at a private road and Mr. Rogers asked if they wanted both sides. We will have some ground that goes through the middle of the lot (about a quarter acre). Manager Warnke said the City would take it. I wonder if we can put the pump station here and leave this more as open space. Director Fulgham said all that would be shown on the pump station is an electrical panel—everything else will be underground. Engineer Breinholt said you have the pond here so for maintenance purposes you are better off to keep it all on one side. Administrator Bench said he would talk to Chadaz Estates. They want to do it soon—they have done all the drawings they just have not presented it for final approval.

Mr. Rogers asked about water shares. He said they have dedicated two to the City now, but wondered about monthly fees and maintenance. Director Fulgham said we do not have a fee schedule out—it will be based on acreage size—but we are not all the way there. Mr. Rogers asked if it was metered usage. Director Fulgham said yes, but it will not be metered, instead it will be based on how much irrigated ground you have. You probably will not see much of a difference in the bill since you are already on the tiered rate. Mr. Rogers said we are excited to save a few bucks. Manager Warnke said I am not sure it will. It could be more. For us the issue is making sure we have water. We want to make it clear that when you record this subdivision capacity is not guaranteed or reserved it is reserved with building permits. We are doing our best to get caught up and ahead, but we are sort of in a position where we are behind.

Mr. Rogers said so what else do we need to do to get the final approval and get the Mylar signed. Director Fulgham said we are not ready to do a final yet because Engineer Breinholt has not had a chance to review it all. Engineer Breinholt said I am still in the same conundrum with water. We do not have a plan to move forward and I do not feel like I can sign anything until we have a commitment. There is no water available for new development at this point without bringing something in. Developer and City Councilmember Holmgren said are you saying we are dead in the water until something is decided about water? Engineer Breinholt said I am very uncomfortable signing new development when we know we are already in the hole—until we have a specific plan. Mr. Holmgren said are you waiting on the City Council to make a final decision. Engineer Breinholt said yeah I do not feel like I can do anything without risking my license. Mr. Rogers asked about water from the Conservancy District. Director Fulgham said we are pulling all we can. Mr. Rogers said we put all our eggs here to start this next month. I thought we would have final approval and roll with it. Administrator Bench said we are looking for the City Council to have a plan and commitment, not that we need to run out tomorrow and put the pump station in. If the commitment is there then lets move forward and start with phase one. Engineer Breinholt said for this particular development there may be an option to explore. In lieu of a city system you could have a temporary private connection to the canal for secondary water. I have said I will sign developments that are not using culinary water for irrigation. Mr. Rogers said we can do that and most of this is not going to be put on grass until the end of the summer. Engineer Breinholt said we could delay that on purpose if needed. Mr. Rogers reminded the Board that they have to have the bridge in before May when the water comes into the canal. Administrator Bench said they could proceed on that they just need to get the plat and road section recorded. Mr. Rogers said the money from the bank is a lump sum upon approval. The best thing we can do is get it all approved and going and then as soon as the City Council votes then we can sign it. Director Fulgham asked if they could do some kind of agreement that says as they develop the water for the secondary would be on their burden to put a pump station in. Engineer Breinholt suggested saying no irrigation allowed on the culinary system for this development or any other development. Director Fulgham said that is easy for this area, because they have a whole secondary system for that development. One way or another the City Council has to move, whether it is going out and developing more culinary or developing secondary. Mr. Rogers said they are willing to do that or will hold off on landscaping if needs be. Director Fulgham said the new drawings need to be sent to Engineer Breinholt, who approves all this for the final. Mr. Rogers said they would get it sent over for his review and would get on the next agenda. The Board said the restriction on secondary water would be handled through the development agreement. They could either record a separate agreement or add it under special conditions. They would have a better idea on how to move forward when the City Council has direction for more water.

b. Final Approval for Spring Acres, Phase 6 – Marc Allred and Ben Johnston

After seeing Engineer Breinholt’s modifications, Mr. Johnston said the only thing I did not change was this going across the back—it was intentionally left off. Mr. Allred owns this area and may build across there. Engineer Breinholt said it is a pain to deal with, but it is a requirement to have it. It can be removed you just have to go through the public area. Mr. Johnston said if there are no utilities running there currently then why? Mr. Allred said when we subdivide that will leave a 66 by 300 foot piece. Administrator Bench said we need to look at that and amend the code if you want the utilities to go through the back and side. The code requires it right now and to change that we have to go though the public hearing process. Mr. Allred said he does not want to worry about adjusting it later. If he builds a shop back there and jumps across two pieces of property. Administrator Bench said you cannot build across the utilities. Engineer Breinholt said if we have the authority to waive it I do not have a problem. Manager Warnke asked why they want to do it this way. Mr. Johnston said Mr. Allred owns all this area and if he builds right on the 60 feet he does not want to go through the amending process. Engineer Breinholt said lot line adjustments are easy—PUE adjustments are not. Manager Warnke said would you build across the property line. Mr. Johnston said he plans on building across the property line if he can—his house, shop and then the access, which this 66-foot width right of way goes down private lanes next to it. He will park along there with his equipment and be able to loop out there. Engineer Breinholt said you would have to do a lot line adjustment, but that is easy to do without the PUE there. Administrator Bench said easements in chapter two says the City Engineer may waive or modify the requirement of a public utility easement under this section if the easement has not been recorded and the City Engineer determines that the public utility easement is not needed for existing or future utilities. Engineer Breinholt said I do not have a problem with it. Administrator Bench said they would throw it on the agenda to look at the utilities easements.

Mr. Johnston and Engineer Breinholt talked about the graphic scale. Mr. Johnston said DR 14 and DR 18 is shown on both. Engineer Breinholt said that is a little bit of an inconsistency in the City standards. It has always been DR 14 and DR 18, but the higher standard is the DR 14. Mr. Johnston said he would get that updated. He also forgot to add the laterals, but they are shown now. Mr. Johnston talked about the entrance and exit including the best place to stop the curb and gutter. Engineer Breinholt said the fire hydrant spacing has been checked and verified, but he asked about secondary service to a specific lot. Mr. Johnston said I do have it coming off the upper, they have moved it down and Mr. Allred will extend this. Director Fulgham said this line is already live for secondary water. We do not require people to hook to it, but maybe that is something we need to do, although most of them do. Administrator Bench said we could put that in the development agreement or part of the plat and if you sell a lot they have to connect. Engineer Breinholt said if you do this you need to show us an easement to that line because this is not recorded.

Manager Warnke asked if Valley View Drive stops short of the back of 183 and if that is what they will dedicate. Mr. Johnston said that is already dedicated. This is the turnaround, which they paved, but this is not recorded from here. Mr. Allred will extend that easement as a temporary utility easement until this road goes through. Manager Warnke said why would you not finish to the back of the lot. Mr. Johnston said they would access this road by paving so he might as well include this in the next phase. Manager Warnke said I thought we were required to have it approved. Mr. Allred said we could approve the whole thing and then plat both phases. Engineer Breinholt told Manager Warnke, I would rather have that whole thing be one than four sections of pavement. Mr. Allred said that turnaround we paved so much last time was to keep from having a dead spot. Now this is to get it to loop and flow through. If the market dies I do not want another eight lots up there to be paved. Director Fulgham said we usually make a developer finish the road back to the lot, but we hate to see all those left there, but we have no surety. You even made the comment that if the market dies you are not going to do anything and that means that lot does not get developed. Engineer Breinholt said it is an undeveloped side lot and at some point you have to construct the rest of that. I would rather leave it undeveloped and do that as one than two more phases.

They talked about construction drawings and the conduit. Engineer Breinholt said they have not shown the conduit on the plan view because it clutters them, but they have been on the details for the cross section. There will be three pipes – for power, communication, and UTOPIA. Mr. Allred asked about piping for UTOPIA. Administrator Bench said they provide the conduit and then come back when they feel it is right to make it live. All you are paying for is the conduit. The individual lot owner will apply for the service. Show the streetlights, but deduct that off because you are paying cash for that and the chip seal. They also talked about addresses, utilities, and the roads.

Manager Warnke asked if they have water shares. Mr. Allred asked what they would need and if it matters where they come from. Mr. Johnston said Director Fulgham’s calculations show one and a half shares would be required. Director Fulgham said as long as they are out of the canal company system we can work with them. Mr. Allred asked where he could buy the shares and if someone would sell one and a half shares or if the City has a value they would put out for shares. Director Fulgham said they would only do that if the City acquires enough and has extra to sell. There are still shares out there and we are having people approach us to sell. The ones the City is purchasing are for our needs not for development needs. Mr. Allred said I would rather buy it from someone than give up mine. Engineer Breinholt said any development on farmland has shares and we are only going to be requiring half of what is there.

Manager Warnke asked Mr. Allred about his other projects and how they are coming along (the one by his house and the office building). Mr. Allred said we are about six weeks from putting the house on the market. I have a couple properties that I am selling that will come together in the next month or two. I have ordered a building for the one behind my office building. As soon as I get the plans I will bring them to Administrator Bench for his review. Administrator Bench said before we record you have to get the bond in place and get your cash up front.

Motion by Director Fulgham to approve Spring Acres phase six as secondary water being recorded as required to hook to the system and with the rest of the improvements required by Engineer Breinholt for fiber. Motion seconded by Engineer Breinholt. Vote: Chairman Bench – aye, Engineer Breinholt – aye, Director Fulgham – aye, and Manager Warnke – aye. Motion approved.

c. Final Approval for Holmgren Estates East, Phase 6 – Lyle Holmgren

Holmgren said I screwed up I am thinking phase 7 and you are thinking phase 6. Administrator Bench said the Planning Commission did the preliminary on phase 6 and the extension of 180 North. Engineer Breinholt said this is not phase 6 this is 7. Mr. Holmgren said the problem is the storm drain—we almost need to do this one first and then finish off phase 6 because of the 300 feet between 6 and 7. The storm drain just dead-ends. Can we pursue phase 7 and then come back and do phase 6? Engineer Breinholt said I think that is a great thing to do. Manager Warnke said it goes to the Planning Commission and they approve the preliminary and the cul-de-sac issue. Do you want to do this one? Holmgren said yes then do phase 6. Administrator Bench said phase 6 is on 180 North and there is no cul-de-sac, it is an intersection that ties off. When he does phase 8 there will be a cul-de-sac only three lots deep, but not as lengthy as 180 south. When this goes to the Planning Commission for the preliminary review that is where we would say it is only two to three lots over for what a second access would be. Mr. Holmgren said if we had to we could scale those units back a bit. Administrator Bench said I would not do that, I would go forward. If all goes well we are only talking a little section. Director Fulgham said you are close enough with the intent.

Manager Warnke asked if there is any overlap on the conservation. Mr. Holmgren said that was my next question. When we set this road up they put the fence line along there. There should not be an overlap, but I will check the description of the conservation easement. I wanted to go a little past the fence line so if someone wanted to have a walkout they could, but they cannot push it out over the edge, they would have to haul it off. Administrator Bench said to send the preliminary drawings. Engineer Breinholt said could we get the original concept plan for the storm water for your whole property. It has changed a bit through the years and we need to update that. It is different than what was planned originally.

They then further discussed the water issue and a decision by the City Council. Director Fulgham said Engineer Breinholt has to certify every year for water and we are to the point where we cannot certify that we have enough water to handle all the outside irrigation that comes with these lots. If there is no secondary water with a development, like the agreement we have from Tremonton Pines to do their own system or how Spring Acres already has a system in place, then we have an issue. If you start building today we still have a year or more before there are lawns, but there needs to be action. More culinary would be two years out to get new sources approved through the division of drinking water. Secondary is different, all we have to do is design, put it out to bid and build it, we do not need approval so we can fast track it a bit. Engineer Breinholt said if we have a plan and commitment to move forward with the secondary water system or culinary, just some type of new water to relieve our water situation, then we can move forward. I do not feel like I can allow any more demand on the system with these developments without having some solution to the problem because it is that bad. We have talked about it, but it never goes anywhere we are just gathering information. Mr. Holmgren said he would send over the stuff so they can be on the agenda in two weeks.

Manager Warnke brought up the Transportation Plan and how they are working on the annexation. We are requiring with the annexation that they dedicate a portion of the road, which is pretty minor. This would take up some of another developer’s property and Holmgren’s. I was not sure if you were aware of that and how it fits into your development going forward. Mr. Holmgren said who is going to put in that road. Administrator Bench said whoever develops. Manager Warnke said it is a little bit of a timing issue. He said he would check with the others involved, but it might come down to a City Council meeting and going through a process to require it. Manager Warnke asked Engineer Breinholt if he showed an alignment and a fixed point for purposes of the annexation. Engineer Breinholt said we did not have that level of detail on the property lines other than what we get from the county. That will require a survey for property line information to know the exact alignment. Mr. Holmgren said it should be something that is shared equally—you can bend the road a little bit. Engineer Breinholt said it would make more sense to have it shift and be shared equally, but it is always a challenge in who is going to pay for what.

They continued to talk about the water issue. Engineer Breinholt said they are working on service areas 1 and 2, but doing half of service area 3 would get us caught up, but not ahead. You need to come up with a rate structure where everyone is paying similar amounts of money, whether they have secondary or not. Those outside the areas need to carry the load just as much. Director Fulgham discussed the shares that would be needed for service areas 1, 2 and 3, but said we do not have to have those today. As we start building we can start acquiring. Engineer Breinholt said the quick solution pump station that the Conservancy District wants to add helps, but it does not get us out of the hole. Administrator Bench told Mr. Holmgren his development will not be approved unless the City Council commits something in writing that gives Engineer Breinholt a comfortable feeling that the Council has committed. Engineer Breinholt said it is so we have direction to move forward. We need to get some people off of the culinary system and we need to start building this next summer.

d. Final Approval for Garfield Subdivision, Phase 3 – Gary Madsen

Mr. Madsen said the ponds are only two feet deep. He would like to go two and half feet and make them smaller so there is less to take care, sod and sprinkle, but he does not think that will happen. Manager Warnke brought up the Ag Protection area. He said he referenced it in their Land Use code and will check to see how they need to handle it. He also brought up grant easement for ditches and an approved piping design, but the ditch will be filled and the property line moved. Mr. Madsen said those boundary line adjustments have not been done yet, I wanted to make sure first. I will get the boundary line agreement signed and recorded. Engineer Breinholt said you could incorporate this in the plat or do it separate—there are a number of ways you can go about it. Manager Warnke also wanted to make sure water runoff flows properly and not into other people’s property. Engineer Breinholt said we have not seen construction plans at this time (only preliminary), but we talked about which way it went. Mr. Madsen said there is a hump right here and we are going to have collection boxes here to catch this stuff and this will be raised up. Manager Warnke asked about extending utilities at 1150. Engineer Breinholt said sewer would not work, just water. Mr. Madsen showed where the water went and said they moved the hydrant to keep this line dry. Director Fulgham said he would work with Grover Excavation on that.

Engineer Breinholt asked about secondary water and said this development beat the deadline for pipe installation. Will the City try to add lines while it is under construction? Manager Warnke said they would have to talk to the City Council. They agreed they would like to get it incorporated and it would save the road from being torn up later. Manager Warnke asked about fiber and Mr. Madsen showed where the cable and conduit would be. Manager Warnke also asked about the permanent markers for water and sewer in the curb. Administrator Bench said they are in phase two and it would be part of the inspection process. Director Fulgham said they do not mark water because they have a meter. Engineer Breinholt said they are not put on the construction plans, but they do get that determined in a pre-construction meeting. Director Fulgham then checks it in the inspection process.

Mr. Madsen said do you have any issues other than I need to send this to Engineer Breinholt for his approval. Administrator Bench said you would still have to come back for a final approval. Mr. Madsen wondered about giving him approval to get things started. Administrator Bench said they could do some. It may not be signed and recorded, but the development agreement and the bond would need to be in place. Mr. Madsen said I thought I did not have to put the bond in place until it is recorded. Engineer Breinholt said Mr. Madsen has started this project early and has grubbed the road in. I would be willing to give some on this a little bit, but he understands there is a risk. Director Fulgham said if you get us the construction drawings and we approve it you do not have to record it or have the bond. That can be backed off after inspection before you get the bond. Mr. Madsen said he would send the most updated information for Engineer Breinholt’s review and asked about the landscape plan. Engineer Breinholt said that is part of the construction plans for the ponds. It does not need to be incorporated specifically—it just needs to be some sort of plan. Mr. Madsen said he intents to do an inch and a half of rock in the bottom and grass up the sides.

e. Final Site Plan Approval for Aspen Grove RV Park

The builder for the RV Park was in attendance. He said I do not have anything to do with the rest of the park, but what are some of the issues as far as building? I need to put these buildings so the water runs the right direction, but I did not see any elevation. Is that something you put on the plans? Administrator Bench said usually there is elevation on the plans. Engineer Breinholt said I have a question for Manager Warnke about the 45-foot turning radius on the curbs for emergency vehicles. That is a lot bigger than the fire code requires. Where did that come from? I checked all their curbs in there when we started and unless they have changed they did fit a 20-foot radius and that is what a lot of our City streets have on them. Turning from the lane to the corner allows for the 28-foot, which is required in the fire code. He also brought up the turnaround saying as they come in and hit that gate there is not enough room to turn around, which is an issue. Administrator Bench said is the turnaround not big enough for RVs or fire trucks. Engineer Breinholt said probably RVs, but we need emergency turnarounds. If someone gets an emergency vehicle in here they cannot turnaround. Director Fulgham said could they use the road. Engineer Breinholt said they have it gated off. Manager Warnke said the 45-foot is coming from our Land Use Code. Engineer Breinholt said that is for our RVs, but it is probably a little overkill. If we want to follow the fire code the most it requires is 28-feet. A City street is a 20-foot radius from the back of the curb. The reason we do that is we have a shoulder space, so from travel lane to travel lane it is a 28-foot radius. Manager Warnke said the bigger issue he saw was the road widths, which are 25 and 30 feet. Engineer Breinholt said I think a lot of it is one way. Manager Warnke said they are a few feet short as it related to our code. For a two-way lane it requires 32 feet and for a one-way road it is 18 feet. Engineer Breinholt said they were close on the turnaround distance. It is not way short, but as tight as things are it probably makes a difference.

The builder said he would follow up with Carl Liljenstolpe to see how he wants this to be done. The architect has a big list of stuff that needs to be addressed. As soon as he has that done then it would come back to you guys for approval. Do I need to fill out a building application for the buildings? Administrator Bench said after the site plan is approved. They thought they had sent the stuff to the architect, but will follow-up. The builder would like to get on the agenda for next time and would try to have the information to them a week in advance. He said after that I could give you the application for the buildings and at that time get going. Administrator Bench said it could be a couple weeks if everything was ready. The builder said he would talk to Mr. Liljenstolpe and the architect. Engineer Breinholt said you heard our conversation about water, but Director Fulgham said they will have their own secondary system in the RV Park. The builder asked if that was shown in the plans. Director Fulgham said no—it is private, it does not show much of anything just water and sewer. Engineer Breinholt asked about the code reference for RV parks and said he would look into it. To be fair and consistent we need to apply it to the travel lanes and not the curb face. They can easily accommodate this turnaround. It is a 96-foot required turnaround. They just threw a bubble out there and it is not to scale. They will have to go clear out to accommodate that turnaround like a cul-de-sac so they have a place to get around. That will solve that turnaround issue and not blow up their whole plan.

f. Walk ins*

There were no walk ins.

4. Comments/Reports:

Manager Warnke said he would email Attorney Ericson about holding up development until they have a commitment for new water from the City Council. Director Fulgham said I was always under the impression that you are taking people’s property rights by not letting them develop because someone has done their diligence and they are willing to put in their infrastructure. I thought a moratorium could only be in place for six months. Manager Warnke said that is right, but a moratorium is a short-term land use ordinance you can do without going through the process. Director Fulgham said six months would not get us anywhere. Administrator Bench said the City would try to remedy the issue. Manager Warnke said Attorney Ericson would answer the questions they have. Director Fulgham said it would be a learning lesson for me. I thought you could do it for six months, but then you have to have a plan of action or then you could go to lawsuits. Manager Warnke said lets see what Attorney Ericson says. Manager Warnke asked when they could meet to discuss a few more items and have some meetings.

5. Public comments: Comments limited to five minutes.

No public comments.

6. Adjournment:

Motion by Director Fulgham to adjourn the meeting. Motion seconded by consensus of the Board. The meeting adjourned at 11:09 a.m.

The undersigned duly acting and appointed Recorder for Tremonton City Corporation hereby certifies that the foregoing is a true and correct copy of the minutes of the Land Use Authority Board Meeting held on the above referenced date. Minutes prepared by Jessica Tanner.

Dated this 14th day of March, 2018

Linsey Nessen, City Recorder

*Utah Code 52-4-202, (6) allows for a topic to be raised by the public and discussed by the public body even though it was not included in the agenda or advance public notice given; however, no final action will be taken.