Regular Meeting

Wednesday, August 11, 2010, 6:00 P.M.

City Council Chambers, 111 South Main Street

LaVerkin, Utah 84745

I.      Call To Order: Chair Anna Andregg, Invocation by Invitation; Pledge of Allegiance

II.      Approval of Minutes: Commission may approve the minutes of the July 14, 2010 regular meeting.

III.      Approval of Agenda:

IV.      Reports: Beautification Committee, Economic Development Committee, Trails Committee, Director of Operations - will present updates on meetings and activities.

V.      Public Hearings and Possible Action:

VI.      New Business:

VII.      Unfinished Business:

A. Public Facility Zone: Planning Commission may review the proposed public facility zone ordinance.

B. Hillside Ordinance: Planning Commission may review the hillside ordinance.

VIII.      Adjourn:

In compliance with the American with Disabilities Act, individuals needing special accommodations (including auxiliary communicative aids and services) during this meeting should notify June Jeffery, City Recorder, (435) 635-2581, at least 48 hours in advance.

The undersigned City Recorder does hereby certify that the agenda was sent to each member of the governing body, sent to the Spectrum newspaper,  posted on the State website at http://pmn.utah.gov, posted on the LaVerkin City website at www.laverkin.org

and in the following public places within LaVerkin City limits on this August 6, 2010

These public places being: 1) LaVerkin City office building 111 S. Main; 2) LaVerkin City office building 435 N. Main;

June Jeffery, CMC

City Recorder

Regular Meeting

Wednesday, August 11, 2010, 6:00 P.M.

City Council Chambers, 111 South Main Street

LaVerkin, Utah 84745

Present: Chair Anna Andregg, Commissioners Allen Bice, Joe Webb, Dan Howard, Michael Hinckley, Alternate Richard Hirschi; Staff: Kevin Bennett, Derek Imlay, Troylinn Benson, Kyle Gubler; Public: Ray Justice, Sid Johansen, Blair Gubler

Call To Order: Chair Anna Andregg 6:00 p.m. Invocation and Pledge of Allegiance by Sid Johansen.

Approval of Minutes: Correction to minutes by Allen Bice - in Beautification Reports, the crescent is on the NE corner, not the NW. Motion by Commissioner Bice to approve minutes of the July 14, 2010 regular meeting with the correction as stated, second by Commissioner Webb. Motion carried with Bice, Webb, Howard, Hinckley, and Andregg voting yes.

Approval of Agenda: Motion by Commissioner Hinckley to approve the agenda as set forth, second by Commissioner Bice. Motion carried with Bice, Webb, Howard, Hinckley, and Andregg voting yes.

Beautification Committee: Allen Bice reported that the committee chose the concrete and cortens steel design for the crescent area. That choice has gone back to Professor Bell to detail and provide an estimate for the cost.

October 15^th and 16^th there will be a city-wide clean-up like the one last year. Kyle Gubler added that there would be dumpsters located at Wanlass Park. The city is allowed four free clean-up days each year sponsored by the Solid Waste District. The dumpsters will be at the park on August 20^th, but that clean-up isn't sponsored by the Beautification Committee. The committee would like to sponsor a city-wide event twice a year using the days that the city has the dumpsters. Dumpsters can't be reserved earlier than October for the following year.

Director of Operations: Derek Imlay reported that the State Street Water Project had been completed. Doug Gubler and Derek Imlay walked through and verified the completion. They will be meeting with the engineers to discuss the completion, which will probably be on the September 1^st City Council meeting for finalization.

Filter Project bid opening was today. Royal T was the lowest bid at about $216,000; Interstate Rock was the next lowest bid at about $221,000. That will be presented at the next council meeting. Discussion that this bid came in lower than the projected bond amount. Will include a SCADA system on the LaVerkin side.

Irrigation has been off the last couple of days because of 5-6 breaks. Most of the town is back in service. While the city repairs the on-going problems - connections, lines and valves are being discovered and added to the GIS system. Looking forward to the new filter system.

Sid Johansen Small Subdivision Amendment: Sid Johansen requested an amendment to the Sid Johansen Small Subdivision located at approximately 223 W. 200 N. Property is zoned R-1-8. Imlay discussed the amendment as a very minor adjustment. A couple of years ago, Johansen divided a larger parcel into three lots. He is currently the owner of all three lots. There was discussion that this amendment moved the interior corners in on each side. All lot sizes meet current zone requirements. The amendment provides more turn access to the back yard of lot 3, from the flag lots. The utility easements around each lot have been retained for the previous subdivision, and also updated to address the new layout. Proper paperwork has been turned in.  Engineers, Ash Creek, and attorney have reviewed.  Motion by Commissioner Webb to approve the subdivision amendment, second by Commissioner Bice. Motion carried with Bice, Webb, Howard, Hinckley, and Andregg voting yes.

The item will go to City Council next week.

Public Facility Zone: Planning Commission reviewed the proposed public facility zone ordinance. Kevin Bennett discussed the proposed ordinance. He had met with Ask Creek concerning details to include their proposed and existing pump stations. Subsection L included temporary uses. This allows for uses that come and go - carnivals etc., on public property.  Permanent uses will be run through Planning Commission and City Council. The ordinance cleaned up coordination between a provision called out in the General Plan and the uses allowed on "city" designated property.

Michael Hinckley wondered if verbiage to limit time should be included for events. Bennett discussed that the city didn't want to develop a sales/commercial area. The city receives requests to use city property for commercial interest frequently. There is a desire to allow city activities to occur, but not create hardship or "illegal" activity where uses have been going on for a long time - for instance an annual tool show or similar. Bennett cited play production as a use that shouldn't be held back by time restraint because rehearsals and production time may not be limited, but would still be a good use in the public facility zone.  There is no desire to allow this to be a business zone. Temporary, short-term use would not convert the property to taxable, commercial ground.

Allen Bice asked about item K. Bennett explained that the 20-acre allowance for agriculture, but limiting feed lots, was made to reduce odors with recognition of possible use next to a residential zone. There was discussion about limiting some animals. This ordinance applies only to public lands. Ordinances applied to other zones would call out those allowed uses. There would need to be a minimum of 20 acres for those uses listed. Discussion about the Ash Creek area that abuts River Wood and Confluence Park, and the old RV park area the city purchased near the current 435 N. Main building.  Property size limitations were included to consider buffer areas. Bice suggested inserting verbiage excluding "feed lots and other similar uses" in order to avoid high density animal use or other "stinky things".

Bennett will make changes and have the ordinance ready for public hearing. Andregg directed that the public hearing should be held at the next Planning Commission meeting on the September 8^th.

Hillside Ordinance: Planning Commission may review the hillside ordinance.

Michael Hinckley read starting at "K" (following E).

K: Bennett would change the "discretion" of the officials listed, to "opinion".

F: Imlay suggested removing "qualified contractor" from the bond estimate.

F 2^nd paragraph: "Restoration bond 'shall' be used to..." change "shall" to" may". Bennett discussed the ability of the city to use the restoration bond, if the property hasn't been dedicated to the city. The commission may want to review the subdivision ordinance to have a provision for the city to acquire a right to improve the property. They may want to change the way subdivisions are approved by giving final approval up front so the Mylar can be recorded and property owners can sell their lots to fund the construction. At the very least there should be some action to acquire temporary access with construction easements across the properties in order to use the bond money and do the work. Would be used only when the property has gone into default. Bennett would like to change the subdivision process. Currently the city can't use any of the bonds it has collected to restore the hillside. Derek suggested making an item "3" that the property owner would grant temporary access across the property for construction and restoration. Bennett would suggest that granting the access should be in the body of "bonding, 'easement' and restoration".  "Item 3" would then give the city the right to access through the easement to go forward and use the bonding. Kevin will put the language together for this concern. Construction easement would go away once work is completed. Richard Hirschi wondered if the two-year period called out is too long.

G: The wrong State Code is cited. Bennett will talk to June Jeffery.

G: 2^nd paragraph. "City official" question. "Director of Operations or his designate" should be used whenever a designated official is mentioned within the ordinance.

H: Deleted

I:  Not understandable. Bennett doesn't like city staff certifying the plan. Qualified engineer or other professional should be certifying the plan, staff could recommend approval. Language could state "city staff shall issue a hillside development permit following approval by the Planning Commission and City Council."

The word "certified" is troublesome when staff is referenced, but when applied to the plans that are to be approved, certification by professionals would be required. Bennett got concerned because there were committees and departments that were called out that didn't even exist in LaVerkin. He stated that the ordinance needed a lot of work.

Derek Imlay informed that this ordinance came from Washington City. The process the commission was going through was to fit this ordinance to LaVerkin's needs. He discussed that a former LaVerkin hillside ordinance had many of the requirements called out by this one. LaVerkin went softer on its requirements, but wanted to get back to some of the former requirements. Jeffery pulled this from Washington City because they were going through similar problems, but it has not been completely worked over for LaVerkin. The ordinance reflects Washington City's departments and capabilities.

Community Development and Public Works as called out in this item would be "Operations Division" and "Director of Operations or his designate".

Commission stopped reading at article 3 under Plan Certification.

Adjourn:  Motion by Commissioner Howard, second by Commissioner Hinckley. Motion carried with Bice, Webb, Howard, Hinckley, and Andregg voting yes. 7:02 p.m.

Minutes transcribed by June Jeffery

Planning Commission Chair: Anna  Andregg

Date Approved, September 8, 2010