Land Use Authority Board Minutes 4-5-17 2017-04-19T11:12:21+00:00

TREMONTON CITY CORPORATION
LAND USE AUTHORITY BOARD
April 5, 2017

Members Present:
Steve Bench, Chairman/Zoning Administrator – excused
Chris Breinholt, City Engineer
Marc Christensen, Parks and Recreation Director
Paul Fulgham, Public Works Director – arrived at 9:19 a.m.
Shawn Warnke, Acting Chairman/City Manager
Cynthia Nelson, Deputy Recorder

Acting Chairman Warnke called the Land Use Authority Board Meeting to order at 9:08 a.m. The meeting was held April 5, 2017 in the City Council Meeting Room at 102 South Tremont Street, Tremonton, Utah. Acting Chairman Shawn Warnke, Engineer Chris Breinholt, Director Marc Christensen, Director Paul Fulgham (arrived at 9:19, left at 9:31, returned at 9:33, left at 10:10 a.m.), and Deputy Recorder Cynthia Nelson were in attendance. Chairman Steve Bench was excused.

1. Approval of agenda:

Motion by Director Christensen to approve the April 5, 2017 agenda. Motion seconded by Engineer Breinholt. Vote: Engineer Breinholt – aye, Director Christensen – aye, Acting Chairman Warnke – aye. Motion approved.

2. Approval of minutes: March 29, 2017

Motion by Engineer Breinholt to table the minutes of March 29, 2017. Motion seconded by Acting Chairman Warnke. Vote: Engineer Breinholt – aye, Director Christensen – aye, Acting Chairman Warnke – aye. Motion approved.

3. New Business:

a. Discussion and consideration of Final Plat for Sorensen Subdivision Phase 3 – Jim Christensen

Jim Christensen noted that the Land Use Authority Board Minutes from January 11, 2017 state the Preliminary Plat was approved. Engineer Breinholt said approval of Preliminary Plat usually involves discussion items from meeting. The plat review had comments that went with it. Mr. Christensen said Engineer Breinholt’s note stated it would be a good idea to widen the street. Engineer Breinholt commented there is no room to park cars on both sides of the street and support two way traffic on a 60 foot road, but there would be room with a 66 foot road. Mr. Christensen said the note stated the road should be 66 feet. Engineer Breinholt and Acting Chairman Warnke noted it was referring to the right-of-way. Engineer Breinholt stated he has only seen one profile view of the storm drain system and it was not a complete or final design.

Mr. Christensen would like to have a meeting when Steve Bench is in attendance so they can discuss where they are in the process. He does not have any notes on construction drawings, anything noting they are at 60 percent, or something stating the right-of-ways are not correct.

b. Discussion and consideration of Preliminary Final Subdivision Plat for Holmgren Estates East Phase 5 – Lyle Holmgren

Lyle Holmgren noted it would be a waste of resources to asphalt the outer part of the turnaround when the next phase will be ready in the next year or two. Mr. Holmgren talked about sheet flow and stated he owns the field around the area and will sign whatever is necessary. Director Fulgham said the requirement for an asphalt turnaround is for emergency crew to have room to get in and turnaround. The turnaround will have a finished look and can be a thin layer.

The fire hydrant is spaced well and will be a blow off. There will be no need for storm drain piping because of the sheet flow into the fields. Mr. Holmgren will address comments and notes and get them fixed. He will start grubbing. If the cost estimates and escrow come in they can do the final next week.

Motion by Director Fulgham to approve the Preliminary and move it to the Final. Motion seconded by Engineer Breinholt. Vote: Engineer Breinholt – aye, Director Christensen, Director Fulgham – aye, and Acting Chairman Warnke – aye. Motion approved.

c. Discussion and consideration of Final Plat for Spring Acres Phase 5 – Mark Allred

Director Fulgham stated there is concern on backfill material. Mark Allred will call Ed Quinn and have him look at the connections. They are finishing secondary water lines and working back from the manhole for sewer and another lateral. He will do curb and gutter and work towards getting the road finished so Ryan Olsen can get into his house. Mr. Allred will get the escrow in so it can get recorded. Some of the amounts can come off the escrow based on what has been completed. Engineer Breinholt will get a letter to Mr. Allred showing what is left owing for escrow. Manager Warnke stated there is also a fee-in-lieu for streetlights and chip seal. Once Mr. Allred gets the amount for the fee-in-lieu, he will bring in a check.

Motion by Director Fulgham to approve the Final Plat based on getting the escrow set and everything discussed today. Motion seconded by Engineer Breinholt. Vote: Engineer Breinholt – aye, Director Christensen, Director Fulgham – aye, and Acting Chairman Warnke – aye. Motion approved.

d. Discussion and consideration of Batis Subdivision – Steve Batis

George Ann Batis called Box Elder County to see if her property would fall under an exemption to split the property. The County directed Ms. Batis to the Office of Property Rights Ombudsman of Utah. She spoke with two individuals named Jordan and Keith. They were very helpful and explained the situation to her. Ms. Batis said there is no impact to 1000 West by dividing the lot and creating a new lot on the back. They put in a culvert using their own funds. The culvert is an irrigation ditch.

Manager Warnke noted the City can exact public improvements when subdivisions occur. Every circumstance is a little different and has a test to determine legitimate governmental purposes. He will talk to the Office of Property Rights Ombudsman and get their opinion. The Batis’s can see the need for a sidewalk on 225 South.

The developer of the subdivision secured a one foot protection strip. Ms. Batis tracked down Lloyd Franklin Vit, the person that purchased the one foot protection strip on their property, and made an arrangement to buy it back. Mr. Vit has agreed and they are waiting to meet with him and complete the transaction. The protection strip will be deeded to the City. Mr. Warnke noted the plat will need to show the one foot strip dedicated to the City.

e. Walk ins*

There were no walk ins.

4. Comments/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 10:21 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 Deputy Recorder Cynthia Nelson.

Dated this 19th day of April, 2017

_____________________________
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.