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

• II. Approval of Minutes: Commission may approve the minutes of the November 10, 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. Business:

• VII. Adjourn:

LAVERKIN CITY PLANNING COMMISSION MINUTES

Regular Meeting

Wednesday, December 8, 2010, 6:00 P.M.

City Council Chambers, 111 South Main Street

LaVerkin, Utah 84745

Present:  Chair Anna Andregg; Commissioners: Dan Howard, Michael Hinckley and Richard Hirschi; Staff:  Derek Imlay, Kevin Bennett, Katie Wilson; Public:  Ray Justice

Joe Webb, Allen Bice and Robert Holland are absent.

Call to Order:  Chair Anna Andregg at 6:00 pm.  Invocation and pledge of allegiance by Richard Hirschi

Approval of Minutes:  Motion by Commissioner Hirschi to approve the minutes of November 10, 2010 regular meeting, second by Commissioner Hinckley.  Motion carried with Andregg, Howard, Hinckley and Hirschi voting yes.

Approval of Agenda:  Motion to approve the agenda by Commissioner Howard, second by Commissioner Hirschi.  Motion carried with Andregg, Howard, Hinckley and Hirschi voting yes.

Reports:

•1.      Beautification Committee:  none

•2.      Economic Development Committee:  none

•3.      Trails Committee:  none

•4.      Director of Operations:  Derek reports that he has been in contact with Maverick and they will be bringing in their remodel plans tomorrow.  Derek, John Postert and the Fire Department will review those plans.  Maverick plans on adding 2 more fueling stations to the south for diesel trucks and RVs.  The owners expect to complete the remodel in 6-8 weeks, which means it will not be done until the end of February.  They will pave the property to the south and it will be squared off with the church next door.

Derek reviewed 6 Color Country house plans and they want to start excavation.  Contractors are starting to get impact fee costs.  This should be the start of getting the building started back up again.

Filter project:  With the exception of electrical portion of the project, there will be another couple of weeks of Royal T finishing up.  The city is just waiting for the structure to be painted and the fencing to be put in then Bruce will finalize the electrical.  Derek invites commission to look at the progress. Commissioner Hinckley questioned if there will be a push to add people to use irrigation.  Derek stated the city is trying to educate the public to move from the culinary water to irrigation water.  Some people have trouble connecting to the irrigation because lines to hook into run across private property.  The filter will take out 90% of material but won't take out the silt or brown coloring of the water.

Commissioner Allen Bice entered at 6:10 pm.

The Beautification Committee is still looking at the Christmas lights around town.  The Mayor will hand out the awards for that contest at the Christmas Eve Party.

Commissioner Bice took this time to report for the Beautification Committee.  They are still pushing forward with the Crescent Project.  An architect at the University of Utah has turned in some plans.  They have gotten some commitments for funding that project.  The committee had gotten a rock signing company to show them some styles.  Private donors have contributed enough to pay for it.  Maverick has committed to work their side of the street.  If the road becomes a natural scenic byway then they will ask the state to match the contributions.  The architect from UofU is doing the work at no charge as part of his curriculum.

Commissioner Hirschi had questions about Russell Bezette.  Derek told the commission that Russ has been officially red tagged twice.  Russ is deciding what to do next.  Kevin and Derek have gotten together to figure something out that will allow multiple family housing but not to the density of an R-3-6.  They have something started from private drives for a certain size property and may join a couple options together or make 2 separate agenda items.  Derek commented that John Postert is satisfied that Russ is not working more on the building.  Commissioner Howard said after the last meeting that Russ started pouring concrete Derek informed him that and John had red tagged him.  If Russ keeps moving forward without permission then the city is prepared to fine Russ and take him to court.  Derek informed the commission that Russ will push the limits.

Public Hearing and Possible Action:

Business:

•A.    Hand out, review and discuss drainage study:  Derek explained the study to the commission:  The city received a matching grant from the state to do four studies:  the culinary water, the irrigation, the drainage and the streets.  These studies are done and accepted by the city to be used later on to update capital facilities plan, impact fees and master plan.  This would usually go straight to the City Council for approval but Kevin suggested it go before the Planning Commission for approval first.  The staff will also be bringing the street study to the Planning Commission. This (drainage) study takes what is in the ground now, what should be in the ground and projects what the city will need to do as development comes into the city.  The city will mainly focus on the section between 200 S and Center St on 100 E now and then will move out in sections as needed or as bonds are freed.  Derek asked for comments/concerns from the commission and those will be passed on to the engineers at the meeting in January.  Kevin stated that the city is laying ground work with the studies before planning.  The staff asked the Planning Commission to look at this study and make comments and suggestions to send to City Council meeting on January 19, 2011.  Drainage is a big issue in LaVerkin and every time it rains the staff worries who is getting flooded out, so this study is important for the Planning Commission to be able to plan for the future.

Derek follows with an analogy to explain the drainage impact.  To resolve the drainage issue in LaVerkin is to do it all over again.  Future development must be done correctly so the city does not have to fix it again in 10-20 years from now.  Commissioner Howard does not have any conflict with what has been engineered but with LaVerkin's financial responsibility.  Derek explained that by doing the study the city is showing good faith and that diminishes the liability in itself.  This study gives the city a chance to prioritize and not become prey for liability.  Identifying problems does not cause liability as long as the problems are not ignored.  Commissioner Howard mentioned problems of 11 years ago when curb and gutters were put in the city which only caused more problems.  He wants to move at a rate that the city can finance.  Kevin stated the Planning Commission's thoughts will help the engineers with their designs.

Commissioner Andregg has an issue with the escalator clause in the study of 3% annually for the engineering project for 25 years and that she is against it.  By 2036, the drainage fees would be $36 a month as a part of the water bill.  She states the public would not have an input on the matter.  Kevin mentioned the impact fees would be $3200 then start at $16 per month in drainage fees if it's done all at once. 

Commissioner Howard stated that they want to take all the water from the center of town and send it over the ledge.  He mentioned a conversation with the Mayor about having a floodable area to channel it into as an alternative, such as a catch basin, and to make a recreational facility for the public to use when the ground wasn't flooded.  Commissioner Hinckley wants to look at the study longer and Derek offers to answer any questions the commissioners might have.

The federal government has required an MS4 study that will, in the next couple years, require the city to specify how they handle the drainage water.  The city may have to require new development put catchers for the drainage. This regulation will affect taxpayers.  This study will help, but the city will have to be much more restrictive.  This was a study the city was mandated to do.  Commissioner Hinckley speaks of the land around his business building and the drainage through it.

•B.     Discussion and possible action of Public Facilities zone provisions:  Kevin told the commission that the ordinance is corrected.  The changes were made and highlighted on the copies given to the Planning Commission.  The corrections need to be made official through the Planning Commission and the City Council.  This corrects the error and clarifies the definitions and makes it clear who has to own the company.  Clarifies to the facility companies what has to happen and makes it a public process.  And it also makes the city adhere to its own codes. 

Motion to approve the changes and put on the agenda for the Planning Commission in January for a public hearing by Commissioner Howard, second by Commissioner Hinckley.  Motion carried with Andregg, Bice, Howard, Hinckley and Hirschi voting yes.

•D.    Discussion of 2011 prioritization list:  A new prioritization list was passed out to the commission.  Commissioner Andregg read the priority list for the record.  Derek answered questions.  It is agreed to cross off #4 "conditional use rewrite chapter 5" because it is restated in #6.  Kevin recommended in #3 to separate "affordable housing" and to put ahead of the bonding.  Derek suggested #3 with revision of final plat and bonding and move affordable housing to #4 and shift everything else down.  Leave easements in #3.  Kevin explained the easements.  Commissioner Howard mentioned Hurricane being caught up in Elim Valley.  Kevin explained a way to get dedication in the beginning:  a. put plat approval at the beginning and do improvements after the fact (works for subdivision), b. plat road dedication and leave everything else open (works for a business park).  Get the plat approvals in the beginning of the process then the city can get work done on the properties.  It should also be easier for developers to get financial backing.  The developers then cannot get property liens on public property.  Commissioner Howard said they will have to change ordinances to get that done and Kevin stated that is why it is on the priorities list.

Adjourn:  Motion to adjourn by Commissioner Howard, second by Commissioner Hirschi.  Motion carried with Andregg, Hinckley, Bice, Hirschi and Howard voting yes at 7:10 pm.

Minutes taken on behalf of the City Recorder by Katie Wilson