TREMONTON CITY CORPORATION
LAND USE AUTHORITY BOARD
MAY 9, 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 9:07 a.m. The meeting was held May 9, 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 May 9, 2018 agenda. Motion seconded by Administrator Bench. Vote: Chairman Bench – aye, Engineer Breinholt – aye, Director Fulgham – aye, Manager Warnke – aye. Motion approved.

2. Approval of minutes: April 11, 2018

Motion by Director Fulgham to approve the minutes of April 11, 2018. Motion seconded by Manager Warnke. Vote: Chairman Bench – aye, Engineer Breinholt – aye, Director Fulgham – aye, Manager Warnke – aye. Motion approved.

3. New Business:

a. Preliminary Approval for Tremont Center, Phase 4 – Micah Capener

Administrator Bench said this was put on the agenda so we can see where we are at, but they do not have any new information or updates. This is preliminary and we are still waiting for material to come through. Engineer Breinholt and Manager Warnke have sent the developers comments, but have not heard back. Engineer Breinholt said I have a lot of concerns with their entrance. It does not fit anything they have presented before as far as the roadway entrance. I am sure UDOT will not go along with it. Administrator Bench said that was suppose to be the grand entry.

b. Final Approval for Holmgren Estates East, Phase 7 – Lyle Holmgren

Lyle Holmgren said he has given plans to excavator Blaine Rupp so he can start working. Manager Warnke asked about the conservation easement and if they could show it on the plat to make property owners aware. Mr. Holmgren said they had a surveyor look it over. I am sure they can and I will make a couple notes. Engineer Breinholt said he would talk to the Hansens about upsizing the storm drain that will serve the area to the east. There are a few minor things he needs to coordinate with them. Mr. Holmgren said we talked about putting that storm drain on the City’s side, is that doable? Director Fulgham said I do not see a problem with that. Mr. Holmgren said right now it is shown cutting across a lot. I wonder if we could follow the property line instead of cutting across. Engineer Breinholt showed where he would like it to connect. Mr. Holmgren said we want a straight line. Why do you want it there instead of here? Engineer Breinholt said this is a connecting pipe between the two basins and the outlet is over here. That is a flat pipe and we have a large 30-inch line feeding into an 18-inch line. I want to go right into the outlet where it drops down the hill—hydraulically it does not make sense to connect where they are connecting. Everything will back up into the pond then drain out of that box over there. We would rather not have it surface here. We have landscape basins and we want to keep it in the pipe. It functions better if it can go straight through. Mr. Holmgren said I do not think it is a good idea to cut across. Engineer Breinholt said it does not have to it can go down here. Mr. Holmgren said is it just a matter of cost then? I will tell him to look at this and go with the cheapest cost? Engineer Breinholt said we would rather have it on City property. Director Fulgham said it becomes mine and when I have to clean it out, it is nice when it is not on someone’s property. Engineer Breinholt said the reason he has done this is because the trail runs here and that would stay on the edge of the trail while eliminating a box. It will be deep (about eight feet), but I do not see that as an issue. They continued to talk about where they could go and what would be the best route. Director Fulgham reminded Mr. Holmgren that property owners would not be able to build anything permanent over the top of it. They would backfill the pipe with gravel, but everything above it could be dirt.

Manager Warnke said Mr. Holmgren would need to show the conservation easement. This would be to everyone’s benefit and they can add some language to it. Mr. Holmgren said they need to keep the trail as low as possible. He does not want residents looking out their windows to see heads bobbing around. That will hurt us if we do not keep it low. Engineer Breinholt said on the plat area the wetlands comes up, but we are as low as we can possibly be. Manager Warnke said are we going to move forward with that as shown or do you need to study it more? Mr. Holmgren said he has his hands full right now, but will look at it.

Motion by Engineer Breinholt to approve Holmgren East Phase 7 with a few engineering corrections that need to be made. Motion seconded by Director Fulgham. Vote: Chairman Bench – aye, Engineer Breinholt – aye, Director Fulgham – aye, and Manager Warnke – aye. Motion approved.

Administrator Bench told Mr. Holmgren to make sure he has his engineer work on the costs. He also asked about a streetlight in the other phase for this intersection. Mr. Holmgren said I thought we did. Engineer Breinholt said it shows one on the corner of the existing intersection. Mr. Holmgren said we did the streetlight before, which was the fee in lieu on that part. What about the agreement that I need to take to the bank? Do we have something drafted? The Board said they would send it. Manager Warnke said so we took the fee in lieu or is there a streetlight constructed on the corner? Administrator Bench said the light is not there, but we have to look and make sure we have the fee in lieu. I think we caught that on the last phase. Mr. Holmgren said then we would do the fee in lieu on the chip seal. Manager Warnke said the bond would include the completion. Mr. Holmgren said we have the hammerhead here so it would have to include the completion of curb and gutter, as well as the other half of the road. Administrator Bench said have Mike Jensen work on your cost estimates as quick as you can and we will put a development agreement together and press forward. Engineer Breinholt said I have a few comments for him to address and will get them to him right away. They may help you save some money.

c. Review and Consideration of zoning for on premise pole sign at Freightliner of Utah

Administrator Bench said what is the best way to zone this big pole sign for Freightliner of Utah? I thought they would have some sort of artwork for us to look at, but it was just the idea. The pole height is between 65 and 75-feet, while the sign itself will exceed what we have—it is over 300 square feet on top of the pole. They will be located on the west side of the power poles on their property, down in the region of the pond. It will face 1000 North and will be able to be read by those driving east and west. Freightliner will be the prominent one and below that will be Jack’s Tire and Oil. There will only be the two with some additional emblems showing what they specialize in. The sign company will draw something up. Manager Warnke said how tall are the power poles? Director Fulgham said the poles are probably 50 to 60 feet tall, but could be taller. Administrator Bench said they would have to get the parameters from Rocky Mountain Power on the setback. Manager Warnke said that might be an issue. Rocky Mountain Power sent something to me relative to their easements and what they would allow. I wonder if the sign will create a problem. Engineer Breinholt said the code does not allow pole signs right? Administrator Bench said not in that zone and we all knew that from the get go, but they said they would pursue it. Manager Warnke said I do not know if Rocky Mountain Power can restrict people beyond their easement. Administrator Bench said we told them to verify with Rocky Mountain Power. Director Fulgham said that is a safety issue between them.

Administrator Bench said we will wait to get the artwork and see what the sign looks like and then we can figure out what the best route would be. Manager Warnke asked if it would be a digital sign. Administrator Bench said it would be an artist rendering. I think they are talking about a reader board facing the freeway, but it would be one sided. Manager Warnke said I would love to see what they are proposing. Administrator Bench said as soon as he gets it, he will pass it along.

d. Walk ins:*

Kirby Rhodes and Vicky Merryweather were in attendance. Ms. Merryweather said we want to revisit pumping versus a septic tank if we built behind Mr. Rhodes’. We are willing to put money in escrow and when the sewer is available we would hook to it. In order to pump that far we talked to plumber Mike Norr and he said we would be asking for trouble. That is a long ways and eventually we would have problems. Mr. Rhodes said in a home at Bear Lake they had a pressurized system, which backed up and the experience is making them hugely against this. Manager Warnke said the issue is, we have the subdivision ordinance and we keep amending it for each place, which undermines the intent. Sometimes property is not developable immediately and it takes time for infrastructure to make its way to a property in order to be developed or it takes a huge expense to get it there. We created an ordinance that allowed for large property owners to subdivide and not necessarily trigger all the subdivision requirements for improvements, but it was on a rural scale. This one was different in that it was within the distance of the sewer line. Part of what made you eligible for that was that you were some distance away from the sewer and that was the issue. If people start developing without connecting to the sewer then why do we have a sewer and a treatment plant?

Mr. Rhodes said how soon is the City going to have utilities up that way? When is that road supposed to connect with the stuff that Mr. Sorensen is doing? Manager Warnke said that could be a collector road and we have the piece you have dedicated, but we are still working with Marc Allred on the upper piece and lower piece. He was trying to sell his house during that transaction. The actual timing of the road will depend on development. The City does not necessarily go in and develop roads. The way the agreement is written with Mr. Allred is that whomever needs it first would develop it. If the City feels there is a need or it would be in the community’s best interest then the City would. If development creates the need for it then the developer would do it.

They discussed how that area started in the County and then was annexed into the City. Mr. Rhodes does have City water, but is on a septic tank. If they go back to the County they would have to do a well. Engineer Breinholt said there are plenty of these pump systems working in the flat areas of Weber County. Director Fulgham said pump stations are a nightmare and are not as easy as gravity, but if they fail it is only your sewage and not your neighbor’s. Mr. Rhodes said as far as hooking into the sewer you have to loop to get it there so it is even further away, right? Director Fulgham said they would have to go east and back north to the other alignment. If they could get an easement on a neighboring property line they would not have to go as far (800-feet compared to 350-feet). Administrator Bench suggested they start researching a pump station. He said any lot that is created must be a distance greater than 300 feet from the nearest sewer collection system or as determined by the Land Use Authority Board for unusual circumstances. The Board would get a copy and look over the distances to see how it lays out.

Developer Gary Madsen was also in attendance. Administrator Bench said you only show one streetlight, but there needs to be three put on the development agreement. Mr. Madsen asked about the amount so he could get his bond. Director Fulgham said the City would try to work with excavator Clayton Grover so they can get secondary put in before Mr. Madsen paves. The City Council gave us the go head to work with those that are not required to add secondary before they put the pavement in so we do not have to cut it afterward. Mr. Madsen said I was going to go further before recording it, but the power company will not give me a design of the crossings until it is recorded and I need them so we can get the curb and gutter in. That is why I am sort of rushing to get this done. Director Fulgham said this does not have to come back to us because it was approved for final. Administrator Bench said we just need to put some fees in and make sure you show the three stoplights, chip and seal, and curb and gutter.

4. Comments/Reports:

Director Fulgham wondered what the Board thought about the sewer issue for Ms. Merryweather. Administrator Bench said it goes back to Chapter 7. It references the 300 feet or circumstances determined by the Land Use Board. Let us get the drawings next week and pinpoint it. Director Fulgham said it does not matter to me. It is not that big of deal to have one more septic tank in that area. We know it will be years before we bring sewer there. Chances are they will never have any issues. As long as there is no more impact of other people coming in, it is not a big environmental impact. If more come in it could be. It depends on where we measure. If they have to get an easement through the other property then they are 250 feet. If they have to do an alignment down the existing right of way they could be anywhere from 400 to 800 feet, depending on the easement and which side of the property they could get it. Engineer Breinholt said along the frontage they are more than 300 feet. As the crow flies they are within 300 feet, but that goes across private property. Manager Warnke said I wonder if we could change the lot configuration so it would shorten it up on the north side. Engineer Breinholt said I do not know how, it would run into someone else’s property. Administrator Bench said they could create that into a half-acre lot and a quarter-acre that is unbuildable. Director Fulgham said are you saying have them configure the property to where it is 300 feet? Manager Warnke said that is a way that would respect the code and allow her to do what she wants. Engineer Breinholt said I think we could make the determination without any reconfiguration. The way it is written allows some latitude in how to apply it. As the crow flies they are within it, but that may not be realistic because you are crossing a parcel that is not crossable. The access in where the utilities would be is way beyond 300 feet if we measure along the frontage. Why should we be amending the code when they do have an option, which is to pump? If they can pump it across that lot 300 feet I do not think that is a big deal. They have to get an easement to do it and the 800 feet plus to go around is a lot bigger deal. I do not think it would be that big of an impact to allow it there. However, is it going to open the door to anything else? If it does not go against our code, I would propose we go along the frontage of the road that serves them. If they are beyond 300 feet from the sewer then I think we should allow it with the agreement that they connect as soon as the sewer is available. Director Fulgham said but we would not take fee in lieu. They would need to pay the impact fees at the time and whatever the cost would be.

Manager Warnke said another issue is the density. Administrator Bench said Chapter 7 says either you hook into the sewer or if you do a septic tank you have to meet all the requirements. Manager Warnke said I think the issue was the lot split. There is a 350 feet requirement, but the density can also affect it. She does not meet the density requirement, which throws her into a typical subdivision and that requires connection to the sewer system. Engineer Breinholt said if she met the density requirements then we could say they are beyond this distance and it is okay. Administrator Bench said depending on her brother and son, but I do not think they want to give up another four acres to do that. There is property around there that could be a part of that. Manager Warnke said what is the density? Administrator Bench said the entire acreage, which is comprised of a subdivision that has to have a density no greater than one dwelling unit per four acres with a maximum on five dwelling units per original parcel. It may not work, but they need to research the pump station.

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 10:42 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 11th day of July, 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.