TREMONTON CITY CORPORATION
LAND USE AUTHORITY BOARD
JANUARY 10, 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 9:10 a.m. The meeting was held January 10, 2017 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 (arrived at 9:38 a.m.), and Deputy Recorder Cynthia Nelson were in attendance. Director Christensen was excused.

1. Approval of agenda: January 10, 2018

Motion by Director Fulgham to approve the January 10, 2018 agenda. Motion seconded by Engineer Breinholt. Vote: Chairman Bench – aye, Engineer Breinholt – aye, Director Fulgham – aye. Motion approved.

2. Approval of minutes: December 13, 2017

Motion by Director Fulgham to approve the minutes of December 13, 2017. Motion seconded by Administrator Bench. Vote: Chairman Bench – aye, Engineer Breinholt – aye, Director Fulgham – aye. Motion approved.

3. New Business:

a. Final Approval for Freightliner of Utah Subdivision

Administrator Bench asked Engineer Breinholt if he had a chance to read the cross access easement. He did not, but said they would get that worked out with Manager Warnke. They clarified it would be a cross access between a few properties for potential traffic and a sewer line, that will be recorded with the plat.

Motion by Engineer Breinholt to approve Stokes Warner Subdivision. Motion seconded by Director Fulgham. Vote: Chairman Bench – aye, Engineer Breinholt – aye, Director Fulgham – aye. Motion approved.

b. Site Plan and Subdivision Review for Tremonton Pines, Phase 2—Kirt Sadler

Mr. Sadler said there has not been many changes to what was already there they just came to get the ball rolling and want to build the bridge over the canal by May 1, before the water comes in. Administrator Bench asked about the smaller units. Mr. Sadler said they shrunk some of them up. They went from two-bedroom units in the middle versus three-bedroom units.

Engineer Breinholt told them about the new City code that requires installation of secondary water lines in all new developments. He said they would need to add that to the plan. They said they did not have secondary water and Administer Bench said it is coming and that area will be one of the firsts to have it. They would be able to tie into the City’s first phase. Director Fulgham said we would hope you would run your lines down and tie it to its own valve and disconnect from the culinary.

Engineer Breinholt said the retention pond is here and you bought this lot to bring the road across—what is the intent with this piece? They said there was no real intent just a place that will sit. Engineer Breinholt said this is where our secondary pump station for this service area will sit. The water shares you have to turn over are based on what you will irrigate, but if you deed that piece to the City you would not have to irrigate it and we could use it for our pump station. Director Fulgham said we would deduct that out of the shares required. Engineer Breinholt said then you would not have to maintain it. Mr. Sadler said how do we access the shares? Director Fulgham said if they do not have them with the property, then they would buy them through the open market. We have to do that for our existing core part of town that we never had any shares for. They asked if they were hard to find. Director Fulgham said they are not as hard to find as you would think. He suggested they let people know they are looking for Bear River Canal shares. Engineer Breinholt said for this type of development they need a landscaping plan that would show what is actually going to be irrigated. How many water shares they turn over will be based on that. Director Fulgham clarified that they do not deduct xeriscaping, because that can change with owners. One day it is xeriscaped and the next it is not. So anything that is irrigable we have to include so we make sure we have the shares in case someone changes that. Take out the buildings and the roads—it is just the open spaces. Engineer Breinholt said it is one share per irrigated acre. Administrator Bench said once you figure out your landscape then we can add that up.

Mr. Sadler asked where the irrigation line is going to run. Engineer Breinholt said they could put it anywhere because it is private. We do not care where you put it, just put it to here so we can tie into it. Director Fulgham said the line would not have to go under the canal they could attach it to a bridge because it is drained in the wintertime. He suggested a four-inch across the bridge. As far as existing it could run down the backs of the property. I do not know where your zone valves and irrigating stuff are so do whatever will work best to convert it over from the old part. Director Fulgham asked if they have worked with the Canal Company on the proposed bridge. They said they had talked to them a long time ago, but will follow up.

Mr. Sadler said Developer Mark Smith is going to be developing more of Chadaz Estates soon, but does not seem to want to sell them lots. He wondered if they could put a pit run in, to make a temporary road until he does develop. We hate to put all this in and not get reimbursed because it is not our ground. It would be difficult for us to develop something we do not own. Director Fulgham said in our preliminary he had to pave to the radius of the road going into yours. Mr. Sadler said we need a secondary access, but what if we make it a temporary access? Would that work until he gets his done? If he will just sell us the lot it is a done deal or agree to pay the improvements. Engineer Breinholt said the problem is it is not a second access until we have a right of way or easement or something there, because right now it is private land. Mr. Smith has not gone through the final on his subdivision so it is not official—it is all a matter of timing. Administrator Bench said the City’s position is that you need the second access. How it gets developed, you will have to work out with Mr. Smith. They would hopefully pay for that portion and you would do the curb, gutter, asphalt and road base. As far as the City is concerned this needs to be a completed connection, whether you guys do it, they do it or you work on it together. He said the biggest thing they need to focus on right now is installing the bridge before the water comes back in. Engineer Breinholt brought up clear zones and said this is a little close for me between the edge of that box culvert and the curb to not have anything. We need to do something more there—extend a box or add a guardrail.

Engineer Breinholt brought up the issue with culinary water and said we really need to have a clear direction on the secondary system before we do final approvals to some of these developments. I do not feel comfortable signing off on new development and adding to the demand of the culinary system without having some solution to the problem, but we are getting there and we are working on it. Director Fulgham suggested an agreement, saying that if for some reason the City hiccups on it they could put in their own secondary system. They have the property and are going to have to have the shares before they put a final on it so it is possible that they could do their own. They could setup a pump system and use water from the canal like the City intends to.

Director Fulgham said get your shares, work out the access with the Chadaz Estates developers and go ahead and build your bridge if the Canal Company and engineers are good with it. Engineer Breinholt said there are some minor things like calculations on the pond and radius on the turnaround, which is tight by a couple feet, and fencing on both sides. Administrator Bench said the Planning Commission saw it years ago so it would come back to the Land Use when things are ready to go.

c. Preliminary Review – Holmgren Estates East, Phase 6 – Lyle Holmgren

Mr. Holmgren said this is the completion of 180 North. We finished off to here last summer and want to finish this road to here. He and Director Fulgham also figured out roughly how many water shares they would need to turn over and Holmgren is ready to do so. Administrator Bench asked when they would be ready to put a pump in the canal. Mr. Holmgren said that is a City Council decision, but asked about running the secondary system along Main Street versus further north. Director Fulgham said we try to stay out of Main Street, UDOT’s right of way. Engineer Breinholt said we could move down there, but we think it will be cheaper—you get more bang for your buck. He said he is trying to split up the pump stations for maximum flow rate of 5 CFS and spread them along the canal for future use. If we did one down here that would service both of these, but if we combined them into one it would be one pump station and 9 CFS. Director Fulgham said my move is temporary. We would still put a station here, but we would run a pipe down here so we can go across the road. We would put a pump station here for the future, but we would put a pipe down here. That is 4 CFS on that one (2,000 gallons a minute) and if we combine both of them you need 9 CFS (5,000 gallons a minute). Mr. Holmgren said the City Council has talked about doing areas 1 through 5. Director Fulgham said that is the one we can do the most bang for our buck and get people off the culinary. We could do your area like we talked about punching two lines under the road, but the big thing is fighting UDOT. Engineer Breinholt said he is more concerned with getting started on the actual secondary system and getting people off culinary. Administrator Bench said if the City Council pulls the trigger on service areas 1 through 5 then no problem. We do not have to service secondary here to let you develop the seven lots. Mr. Holmgren said I know, but I need to render the shares and pipe for it. Director Fulgham said what Engineer Breinholt meant by his earlier statement is that he is getting scared to approve subdivisions without having a sure plan. We have to drill a well or get secondary. Engineer Breinholt said I do not want to be so far upside down on what the state requires us to have for culinary water. I do not want to sign off on any plats until I have a clear direction from the City Council on how we are moving forward.

They talked more about secondary lines and the cost of an intersection. Mr. Holmgren said they are trying to decide which area to do first. He said a lot of people want to be up here along the bank. Manager Warnke said he thought one of the next phases was going to be the intersection to complete the frontage around the trailhead. Mr. Holmgren said if we did that is this too long of a cul-de-sac. Manager Warnke said he thought the code deferred to the Planning Commission, who came up with the standard. Mr. Holmgren said it makes me nervous to do it all. We would have to get this one in first and then move over to this one in a year, but is this too long of a cul-de-sac without a second access out? Administrator Bench said a cul-de-sac is 650 feet. Mr. Holmgren said it is not a cul-de-sac then. If we finish this one off to here we only have 350 feet then we really do have a second access. He said it is not constructed and would hate to bust up the hay field. Manager Warnke said I would like to see the other so we could finish the trailhead. Administrator Bench read that any subdivision greater than 30 building lots may be required to have a second access. The Planning Commission shall determine the need of additional access roads based on density, traffic patterns, development location, natural land settings, and the General Plan.

Mr. Holmgren said anything else besides making sure there is secondary pipe installed? Director Fulgham said we talked about showing the total acreage for Engineer Breinholt to calculate the required shares. Manager Warnke said in their agreement for the trailhead Mr. Holmgren said he would dedicate the right of way with that plat to improve it at a later date. Usually when you dedicate you improve also. The agreement envisioned with the next subdivision you would finish it. We recorded it so it put other people on notice in case for some reason you lost it. Mr. Holmgren said could we at least get the green light to go ahead with this, understanding we might do this one a little later than this one. Administrator Bench said it has to go to Planning Commission as a preliminary, but should go to Engineer Breinholt first to make the changes. Director Fulgham said we can do all the way to the final, but you do not have to record it yet. If you do not get it done in a year you will have to come back and change it. If you leave it as preliminary you have 18 months. Manager Warnke wondered which way Mr. Holgmren plans to go, saying I hate to see the trailhead half done because they will be scratching their head already with how slow we are to do the landscaping. Mr. Holmgren said the demand is north for those hill lots. I could do that now. I do not think I can do them both at once.

d. Walk ins:*

Developer Gary Madsen asked about the location of the hammerhead turnaround. Engineer Breinholt said you just need to have one of some sort. Mr. Madsen said this temporary location would affect only one lot. Administrator Bench said would you sell the lots and build on it with a temporary turn around? Mr. Madsen said if I have a temporary turnaround here it is going to affect both those lots, but here it only affects one. I am not sure I like that anyway and was wondering what you think. Engineer Breinholt said I do not like a turnaround into someone’s yard. No one knows that is the turnaround and then you have that weird shaped lot. Mr. Madsen said this is temporary and when it goes through it would get abandoned. The only other thing I can do is shorten these lots up, which I do not want to go narrower than 95, but then this line goes clear through here and this is just a weed patch or a weird shaped lot. I would rather they own it now and have a turnaround easement so they will take care of the weeds. Director Fulgham said it has to be paved, with three-inches of pavement on a base, which will be removed when the road goes through. I would rather see it at the end of the two lots with the hydrant back to the west a bit. The reason is to keep the line flushed and fresh. Then put the hammerhead right here and have an easement. Mr. Madsen asked about another hydrant. Director Fulgham said that one there, one at the intersection and move that one down to the end, that way you do not have to have a fourth.

Mr. Madsen asked about landscaping in the retention pond and said do I have to have a plan for that or just sod it? Engineer Breinholt said we need to know how you are going to do it. It needs to be called out and escrowed. It needs to be in the plans. Director Fulgham said on your sprinkler system we use a battery powered solar valve so you do not need power there. Mr. Madsen asked about meters. Director Fulgham said it would probably be two meters to make it easier for my guys. If you sleeve it I have to repair it when it freezes. If you are going to put a sleeve deep enough you might as well pay the extra to have the extra setter—just a 3/4. You will not get charged the impact just the meter. Engineer Breinholt asked about 950 East and said the county does not want the curb and gutter. It should be part of the requirement as far as development, but it is still a county road. My thought is we ought to do a formal agreement because if he does not do it now then the City will have to construct that. Manager Warnke said that needs to be calculated with the fee in lieu. Mr. Madsen asked about streetlights, which Engineer Breinholt said would need to be added—one at each of the two intersections and another at the far end. Manager Warnke asked about the dedication of property. Mr. Madsen said the neighbor’s house is right on his property, according to a surveyor. Mr. Madsen decided he is just going to go on the other side of the ditch all the way down and dedicate it to the current homeowners. Engineer Breinholt suggested a lot line adjustment so they are not creating a separate parcel. He asked if the road is a dedicated right of way. Mr. Madsen said he would check.

Mr. Madsen said if I get those changes made could I come back and get it approved, minus the water? They said he is on his way to the final they are just waiting on the City Council to do something with water before it is approved. Engineer Breinholt said the City Council knows they have to do it, it is just a matter of saying what they intend and how they will pay for it—they need to have a clear direction. Manager Warnke asked about the Ag Protection, which they said would be added to the plat. They suggested Mr. Madsen make the changes and then they would review it in two weeks. Mr. Madsen clarified that he needs a paved temporary turn around, which will remain part of a lot. Engineer Breinholt clarified that it would be an easement on that lot. They will add the necessary language for that easement on the plat. He also needs a hammerhead on both sides, 120 feet wide.

Mr. Madsen asked if he needed a box or if he could just take a waterway across the road. Director Fulgham said I do not know in the future which way I am going to have a stop sign. I allowed a waterway there because we knew you would come out of there. Manager Warnke asked if the water all flowed that way. Engineer Breinholt said I have not seen the grades yet, but it should be minor if not. Mr. Madsen said boxes cost more than pipe, so I wondered if we could put another box over here and get rid of one. Director Fulgham said we put one here because the excavator had a hard time getting the pipe installed. Mr. Madsen said you do not want a waterway, you want the box and pipe? Director Fulgham said I would rather not have a waterway because they deteriorate and cause problems with flow through traffic.

4. Comments/Reports:

Manager Warnke had questions about the plans and utilities for future development, and how that would occur in Tremonton Pines. He also asked if they talked about garbage enclosures. Engineer Breinholt said they are doing cans. Administrator Bench said they have enclosures in the code and would get it updated. Director Fulgham said he does not see an issue, if in the future they wanted to extend that out. He said they could cut the road and extend it all out. The sewer comes to there and in the future if something goes in here and we want them to loop the line through then we just make them cut the road and extend the water line to make a loop system. We do this based on fire flows and water, and the sewer goes that way anyway. I think the waterline can come from Main Street. It is too small, but we could require it to be upsized, which would enhance their flows. Manager Warnke said does it make sense in the development agreement to say we want them to stub to there? Director Fulgham said we could in case of any future use. The beauty of it is that I always have sewer easements and could interconnect if we need to, but in the review if we want them to stub it to the property line with a valve we could do that. It would help to loop that system for emergencies, similar to having two accesses.

Administrator Bench said during the recent Planning Commission meeting they were talking about Stokes Trucking preliminary, which they were all fine with, but said they were concerned about the traffic going on 10th north. He said part of the plan is to have Stokes do signage that keeps their trucks, coming out of their yard, heading toward the freeway or 2000 west. He said the problems on 10th North are because truckers’ GPS directs them that way off the Bothwell exit. The Planning Commission said the road is getting destroyed and felt the City Council ought to look at doing a weight limit for the road. Director Fulgham said they would have to work through UDOT because those truckers are coming off their exit. I tried it on the bridges so we could repost on those bridges at a different weight limit. Engineer Breinholt suggested they see if UDOT would be willing to post a sign that gives trucks direction where to exit.

The also discussed UDOT not allowing a permit for improvements at an intersection and said they would get a site visit together.

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 10:58 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 24th day of January, 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.