Land Use Authority Board Minutes 2-28-18 2018-03-14T10:26:44+00:00

FEBRUARY 28, 2018

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

Chairman Bench called the Land Use Authority Board Meeting to order at 9:03 a.m. The meeting was held February 28, 2018 in the City Council Meeting Room at 102 South Tremont Street, Tremonton, Utah. Chairman Steve Bench, Engineer Chris Breinholt, City Manager Shawn Warnke, and Deputy Recorder Cynthia Nelson were in attendance. Directors Paul Fulgham and Marc Christensen were excused.

1. Approval of agenda:

Motion by Manager Warnke to approve the February 28, 2018 agenda. Motion seconded by Engineer Breinholt. Vote: Chairman Bench – aye, Engineer Breinholt – aye, Manager Warnke – aye. Motion approved.

2. Approval of minutes: February 14, 2018

Minutes were moved to the next meeting for approval.

The following items were discussed out of order.

3. New Business:

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

Manager Warnke said they need to note the Ag Protection on the plat. Engineer Breinholt said the code says when a development is located within 300 feet of a boundary of an Ag Protection area then the developer shall provide notice on any plats filed with the county recorder. We did not have any specific wording on that. That needs to refer to the state code. Engineer Breinholt said the City requires the pond to be finished and for them to have a landscaping plan. Right now they have a hand sketch drawing showing the irrigation system. The developer plans to put rock in the bottom with grass on the sides (two and a half feet deep). Manager Warnke asked if it needed to be an open space of grass for kids in the neighborhood. Engineer Breinholt said Director Fulgham liked the idea of rock, especially since water is an issue. Even though grass is easier to maintain, rock is more appropriate here. Mr. Madsen was not in attendance at the time so they planned to put him on the next agenda.

When Mr. Madsen showed up he acknowledged there are lots of changes to be made. Engineer Breinholt asked about the geotechnical report. Mr. Madsen said it has not been done. This area was approved before that requirement, but the dirt has not changed. Even though you know the soil is okay, I still have to do it? Engineer Breinholt said it is a requirement of the code. Mr. Madsen said he would order that today. Engineer Breinholt agreed they mostly have little things to get done for final approval. Some deal with water and sewer lines, along with their depth, positioning and joints. He said the landscaping plan is fine they just need a call out to reference. Mr. Madsen said Director Fulgham did not care if they did all rock as long as they are big. He is checking the costs. Engineer Breinholt said the pond would have to go another half a foot deep on the ponds. The code requires one foot of freeboard from the required storage amount. It is designed to spill right at the required storage amount. I am reducing it to say I will accept a half a foot instead of a full foot. I do not want to do deeper than 2.5 feet on the retention.

Mr. Madsen asked if he would get approval with the water situation. Engineer Breinholt said it is the same water situation. Mr. Madsen said the City Council acted like they had it taken care of. Manager Warnke said they are working with the Conservancy District for a booster pump. They need to get a cost estimate on the build out of the entire system. I am working on the rates with BRAG. There is the idea they are going to move forward, but they are trying to dial in what the costs will be. The City Council felt the pump would give a little bit and the City is still working on the secondary water for service areas 1 and 2. Mr. Madsen said so it is still not resolved enough. Engineer Breinholt said I am not comfortable yet. Manager Warnke asked Mr. Madsen if he was ready for final approval. Mr. Madsen said not yet, I have a few weeks. He then asked about actual use and the state standard. Engineer Breinholt said I use the state standard, which says we are over committed right now by a fair amount (about 400 gallons per minute). Last summer our wells ran 24/7 and we could not fill the tanks—if that is not a warning sign I do not know what is. Manager Warnke said we have heavy demand around the clock. The City Council is still talking about it and trying to pull a few things together. Mr. Madsen said the City Council seemed surprised that you guys were not going to sign my plats. Manager Warnke said we need to resolve it together and provide them with information. I think we are close to that scenario, but that is a big decision.

b. Final Site & Plat Approval for Tremonton Pines, Phase 2—Ryan Rogers

Manager Warnke asked if the splash pad is still an improvement. Mr. Rogers said yes, they have seen one with water shooting out of stone rocks, which will last longer. They discussed the roadway dedication, which has been deeded to the City. Chadaz Estates has signed off on that. Their surveyor said once this is recorded all the easements become common for the City and they have put the language under the dedication. They based it on recommendations made by the City. Manager Warnke asked about a house station for their secondary water development. Mr. Rogers said they have the lines on the site plan, but will connect into the City’s system. Engineer Breinholt explained that if the City did not do the secondary system, then they would build their own, but the initial intent is to hook into the City’s system. They need to get moving to have the culvert put in before May 1 and have that approved by the canal company. Manager Warnke asked if they have dedicated water shares, which they have (two). They will get the geotechnical to them by Friday, along with construction details and a cost estimate. Engineer Breinholt said the estimate has to happen before you record the plat. They also discussed the handrail, which will have an ornamental fence around it. Engineer Breinholt checked the fire hydrants, but asked about garbage enclosures. Administrator Bench said the details are called out in the Ordinance. The enclosure needs to be six feet in height of masonry with solid gates and latches.

Mr. Rogers said he is having a hard time finding a bonding company. The Board discussed options with him. Manager Warnke said we could release the cash as you get the improvements done. You can even install the improvements prior to that and we would bond the remaining. The 10% would be held for a year. Mr. Rogers said we have all the financing for it, but would need to work with the bank to get the cash bond. Administrator Bench said we have an escrow bond form you can take to the bank to complete. Just make sure Tremonton is in favor. Manager Warnke said that is more secure than a letter of credit because it does not expire. The bank holds money and the City can access it if the improvements are not made. Administrator Bench said it puts the City first. In theory no money is released from you guys to anybody without a letter from the City to the bank saying we release it.

Manager Warnke said we need a drafted development agreement. Administrator Bench said I have it started, but not the particulars. He will finish putting that together. Engineer Breinholt said we will verify this dedication plat. Mr. Rogers will submit their engineer’s estimate. Manager Warnke asked about HOA and if they are amending any existing articles. Mr. Rogers said they were never recorded, which is good because the whole thing was wrong, but is now fixed. They will record it against the whole property for both phases. Manager Warnke said he would handle the secondary water and development agreements, which will be looked over by Engineer Breinholt. He will also review the handrail and the landscaping plan. The construction drawings have been submitted. They also talked about permanent fencing and streetlights. Mr. Rogers said do we need to do our own streetlight. Administrator Bench said at that intersection there is one light (pay fee in lieu $1,500). Another prepaid item will be the chip seal. Prior to recording the City will collect the upfront fees.

Motion by Engineer Breinholt to approve Tremonton Pines Phase 2 for final approval. Motion seconded by Manager Warnke. Vote: Chairman Bench – aye, Engineer Breinholt – aye, and Manager Warnke – aye. Motion approved.

c. Final Site Plan Approval for Aspen Grove RV Park

Manager Warnke said part of the development agreement is attaching approved plans. He wondered if they needed to consider attaching those types of documents, which are sometimes hard to find, especially if an area is recorded and lost. Engineer Breinholt and Director Fulgham are the caretakers of that information.

Engineer Breinholt said he went through the code piece by piece and through Manager Warnke’s notes to see if the 45-foot radius is called out. He said if we move this back to the face of the curb then none of this works, it is too tight. The code only requires an 18-foot travel lane. I say we should apply that to the 18-foot travel lane instead of the full 25-foot travel lane. Administrator Bench said where did we come up with the 45 feet. Manager Warnke said it was a standard they borrowed. Engineer Breinholt said 45-feet is huge—the fire code requires 28-feet. He is well beyond what is required. I think UDOT only requires 35-feet on the road. The 45-feet allows for plenty of room, but for everyday use that is a lot. What he has will work for fire trucks. Manager Warnke asked if it would be big enough for RVs. Engineer Breinholt said their fire trucks are bigger and harder to move around—vehicles towing trailers take corners better. Even big RVs are not longer than the fire truck we used to model this. My recommendation is that we apply it to the 18 feet travel lane—basically what we do on our streets. We would be okay to apply the current code and he could reduce the streets to 18-feet since everything is one way, except the entry. They questioned if they needed the bare minimum or if it needed to be more to help that area function properly with bigger vehicles driving through there. Administrator Bench said this was designed by an RV park designer for vehicles to get around. Engineer Breinholt said it works, but it is definitely the bare minimum. Manager Warnke said I just hate to see destruction at the corners and tire tracks over the curbs and onto the landscape. The code requires a 32-foot width for two-way traffic. This existing road is 28-feet. That is wide enough for two-way traffic. If he needs to make it 32-feet then he will have to widen that out. Everything else should be one-way. He suggested making a certain area a through road so people do not end up having to back up if they go down it accidentally. Administrator Bench said they could put directional signs up—a sign that says no outlet.

Engineer Breinholt said for garbage enclosures they are proposing chain link fencing with slats. He did require another fire hydrant. If they move the building down it will not be within the 250 feet. I would like to see another hydrant at the entry. For storm drain there is no outlet, but it needs to be piped out. They are not treating it as a new development—they are treating it as existing. When this originally went in there was nothing required for storm water management—it is that old. It is a new site and he needs to treat storm water over the entire site. We do that with any new development. Things are going to change significantly for these ponds.

Engineer Breinholt asked if the meter they have on site is sufficient for this use. Manager Warnke said I think we have to upsize it—that was one of our responsibilities for changing them over. Engineer Breinholt asked about them having their own secondary system. He said they have not submitted a plan. They need to verify it is going to work. Manager Warnke said they would have to confirm that. They do meet the sanitary sewer and water needs, but Manager Warnke asked Engineer Breinholt if he checked the bridge. Engineer Breinholt said I do not know about the bridge. Director Fulgham gets reports from UDOT on bridges for inspections and ratings. Administrator Bench said why is an existing bridge a trigger. Manager Warnke said it is in the code, but I do not know anything about it. Engineer Breinholt said it is worth looking into. There are no concerns about the weight rating for size of vehicles on it, but we should verify the integrity of what is there.

Manager Warnke said they suggested painted signs, but he thinks they need to have stand-alone directional signage similar to traffic control signs. He said it is not completely clear in the code and is afraid that with no maintenance the painted signs would go away. The Board agreed they need to have actual signs instead of paint on the asphalt. Manager Warnke asked about a turning radius by the laundry room. Engineer Breinholt said it is fine and is often seen in campgrounds. People are driving slower so it is not an issue. Manager Warnke asked about the playground and said it looks like some of the equipment is too close to the street. Engineer Breinholt said I am not a playground expert, but I am not worried about it. It is not the same as a city street—these have low driving speeds.

The Board further discussed the roadways. Engineer Breinholt said all the roads should be one way, except the entry. They do not need to amend the code, but could allow an exception. This existing road and building will work with 28-feet. With that building there is no way we can do that. Manager Warnke said should we amend the code to something different on the radius. Engineer Breinholt said I would like more information. The bare minimum is 28 for fire code so we could say 30. Administrator Bench said I am comfortable with 28 because of the fire code. They discussed the parking and concrete, along with curbing. Manager Warnke said there is no curb here so a bigger radius would help. I try to err on the bigger side. It looks horrible when the travel lane is outside of the roadway. Engineer Breinholt said I agree, but having those too big will make it seem not as nice, we need to have balance. Engineer Breinholt said I am in favor to reduce, but would like to know more. It needs to be bigger than the bare minimum (28) but less than 45-feet. Administrator Bench said I deal with the code and the code is minimum standard so you know my thoughts. Manager Warnke said they could go lower, but I think the primary traffic needs the larger radius. Engineer Breinholt said I would default to the UDOT standard, which is 35-feet. Manager Warnke said they could rework the code so it is more specific on how to calculate it. Engineer Breinholt said he would write something up to further explain it and how to apply it. He said it is 35 feet as measured from the travel lane, centered within the pavement. Not all the roads are 25 feet—they are different widths, but they could go with a 35-foot turning radius. Two-way traffic will apply it differently than a one-way road.

Manager Warnke said he would clean up his notes and give them a punch list. They will get their notes together and give Carl Liljenstolpe a call. Engineer Breinholt said he would change things based on their discussion today and send it out that afternoon.

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

e. Preliminary Review for Holmgren Estates East, Phase 7 – Lyle Holmgren

Developer Holmgren was not in attendance and the board had not seen anything new come in for their review. Item d. and e. were tabled.

f. Walk ins:*

There were no walk ins.

4. Comments/Reports:

No comments or reports.

5. Public comments: Comments limited to five minutes.

No public comments.

6. Adjournment:

Motion by Engineer Breinholt to adjourn the meeting. Motion seconded by consensus of the Board. The meeting adjourned at 11:05 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.