DANIEL TOWN COUNCIL MINUTES
MONDAY, APRIL 3, 2017 AT 6:00 PM
WASATCH COUNTY SERVICES BUILDING, ROOM 126
55 SOUTH 500 EAST, HEBER CITY, UTAH
Quorum Present: Council members Bunker, Bateman, Blotter, and Glodowski were present when Mayor Turner called the meeting to order at 6:01 PM. Treasurer Sherri Price was present, as was Clerk Lynne Shindurling to record the minutes.
Members of the public in attendance were: Shelly Bunker, Pam Skinner, Kim Norris, Michael and Lynne McLean, Brent Waterman, Mark and Jamie McAllister, and Ryan Taylor of GDA Engineers.
1) PUBLIC COMMENT CONCERNING ANY ISSUE NOT ON THE AGENDA
No comments were made.
2) DISCUSSION OF UNLICENSED BUSINESS CONDUCTED ON McLEAN PROPERTY ON MILL ROAD
Michael McLean spoke concerning their property at 3384 South Mill Road. He explained his cousin’s son and his family were living in their basement while they were having a house built on 3600 East and had moved their business Green & Greener Landscaping onto the property, which consists of landscaping equipment and materials and several snowplows. Since receiving the Town’s citation the property has been cleaned up considerably and Mr. McLean stated his family should be off the property in a month or two. He apologized for the inconvenience and the fact no business license was obtained while the company has been in operation there. Council member Bunker informed them Daniel Code 8.25 explains the home occupation code in force at this time, and please review it for future reference, and further stated the enforcement process is complaint driven.
3) ADOPTION OF RESOLUTION DEALING WITH EMPLOYEE BENEFITS ADMINISTERED BY THE UTAH RETIREMENT SYSTEM
The Council members were provided a resolution which had been reworded from the March version for their review. The clerk explained the policy is required by the URS dealing with Tier 2 employees. Council member Blotter stated there are no designations for part time or full time placed upon Tier 1 employees.
Mayor Turner read Resolution DR-2016-04-03 into the record. Council member Blotter asked if this is stating all employees of the Town working a minimum of 20 hours are eligible for benefits. Council member Bunker stated they would also have to receive an additional benefit to qualify, like vacation or holiday pay. The resolution was amended to state “The Town’s Planner is currently a full-time Tier 1 employee.” Council member Blotter stated concern this is stating the Planner position is full time, which hasn’t been identified as such previously. He wonders if this becomes a legal issue as the URS uses the Tier 1 employee definition in consideration of their benefits without stating full-time.
Council member Glodowski moved to adopt the resolution with the addition of “full-time Tier 1 employee.” Council member Blotter asked about also moving the period in the previous sentence. Mayor Turner reread the resolution with the changed wording.
Council member Glodowski amended his motion to be adoption of Resolution DR 2017-04-03 as just read by Mayor Turner. The motion was seconded by Council member Bunker and passed by the following vote: “Ayes” from Mayor Turner and Council members Bunker and Glodowski, with “nay” votes from Council members Blotter and Bateman.
4) BUSINESS LICENSE APPLICANTS
Planning Director Bunker presented two licenses up for renewal, those being Timberline Lumber & Distribution and Little Lady Lingerie. Both were approved and a renewal license issued.
5) PLANNING DEPARTMENT REPORT, VIOLATIONS AND ENFORCEMENT
Planning Director Bunker provided his planning report for the month of March. He stated the UDOT interlocal meeting is coming up on April 11th where the transportation plan will be addressed. He also mentioned the Department of Interior is trying to streamline the process of replacing canals valley wide with piping and is asking for input as they create agreements with municipalities.
Council member Blotter inquired about the last line item on the report dealing with Summit Engineering, Mike Johnston. Planner Bunker explained interest has been shown for several properties on Highway 40 currently in the Enterprise Zone for possible rezoning from RA-5 to Commercial in addition to the McAllister piece.
Several land use verification line items are listed on the report, and Planner Bunker explained both he and Ryan Taylor have been inundated with calls regarding what can be built on certain parcels of property within Daniel. Mayor Turner asked if there is a way to simplify this process to get answers to questions more efficiently, perhaps posting information in reference to specific parcels online. Mr. Taylor thinks calls with questions will continue anyway. There exists a new FEMA flood plain map along the creek as well. Council member Blotter expressed concern of the Town incurring greater engineering fees when Mr. Taylor has to handle these calls and what can be done to minimize the cost. Mr. Taylor is training individuals at his firm to handle what they can at a lesser cost, and when Mr. Bunker fields the calls it is more cost effective as well. Kim Norris stated he also receives inquiries in the field passed along from the clerk or water secretary. He said he tells it like it is; such as no more hydrants are being added in the area, sewer problems have been encountered, or water and/or sewer is not available to the lot in which they have shown interest.
Brent Waterman suggested putting a phone number on the website for such land use inquiries with a voicemail to record their questions and get a count of the number of calls received in a specific period of time. The calls could then be returned by one individual answering these questions. Mayor Turner stated this is basically the process Planner Bunker is currently utilizing, using most Fridays as his day to return calls and emails. The problem arises when people get impatient with not having received a return call and then call Ryan in hopes of getting quicker answers.
Council member Blotter asked Mr. Taylor how many calls he has been receiving. Ryan stated spring and fall seem to be the busier times. In March he fields 2-3 a day, then one a week into May. Council member Glodowski asked if the receptionist at GDA Engineers could be given a list of properties and the issues pertaining to each one to have her answer as many inquiries as possible. As the Council discussed how to handle this further, the suggestion was made by Council member Blotter to have this as an agenda item for the May meeting and in the meantime thought can be given to a potential solution. Planner Bunker mentioned he prefers receiving inquiry by email over a phone call and answers these as quickly as he can, leaving a paper trail for later reference.
Jamie McAllister stated people should be able to get their questions answered before they have gone to the expense of purchasing property, only to find out problems exist after-the-fact.
Planner Bunker addressed an additional item on his planning report, that being the Smith lot line adjustment. The owner has installed a new water meter for the lot being advertised for sale, which is nine acres. The old meter will remain with the setter inside but not hooked up. Ryan Taylor said the lot line adjustment has been recorded and the plat is awaiting final signatures for completion. The well located on the property has separate water rights attached to it and three owners, and has to be settled in a civil setting between them. The Town is not involved whatsoever.
Mr. Norris asked if a residential hookup requires surrender of a Daniel Irrigation water share. Council member Bunker answered yes, that is the desired intent. Brent Waterman asked does that mean they have to provide a share of Daniel water to get a hookup. Mr. Bunker said it is the $10,000 plus one share of water. Mr. Norris stated not one Daniel residential hookup has thus far turned over a water share. Mr. Bunker stated Daniel Domestic Water, the predecessor company, had collected shares in the past, but they were returned to the residents upon the formation of Daniel Municipal Water. He further explained the shares are turned in so as the number of hookups increases and more water is needed, the shares are used to change the point of diversion to the well and more water is added to the system.
Mayor Turner asked that the water shares and irrigation shares associated with issuance of a building permit be put on the agenda. Mr. Taylor stated in the 2014 water facility plan it is stated at a cost of $10,767 plus a share of water for a hookup but agreed further discussion could take place next month to clarify the issue. Mr. Norris stated perhaps water shares collected could be diverted to the Storm Haven well to increase the amount of water. Council member Bateman asked how many shares of water came with the acquisition of the Storm Haven system. Mayor Turner explained 15 shares were received at that time, with Daniel Town already having one share. Council member Bunker added the different irrigation companies have differing numbers of shares required, as the acre-feet per share varies from one company to the next. Mr. Taylor said yes, the equivalent volume of water is what is needed.
Mr. Norris asked how many shares of water must be turned over to the Town for a commercial development. Case in point is the Daniel Plaza development owned by Mike Petersen. Code states a number of shares equivalent to what is necessary to provide water to land that has been historically irrigated so that the water is not transferred off of the land.
Council member Bunker produced an email from Mike Petersen to Darlene Luke, secretary for the Daniel Irrigation Company, regarding the four shares Daniel Town is requesting from his development. He mentioned he is looking into this legally, which spawned a question by Council member Blotter if this has the potential to lead to a lawsuit against Daniel. Council member Bunker stated the courts may have to determine if this is an exaction by the Town, as claimed by Mr. Petersen. The matter is now between the Town and DIC where Mike has turned over the four shares.
Council member Bateman asked how Heber City handles voting rights on shares turned over to them by residents. Council member Bunker stated Heber City does not vote the shares but has an agreement with the irrigation company to have a Heber City council member on the board to vote its shares. Mayor Turner has received a legal opinion an irrigation company cannot take away the voting right of one municipality if they allow voting rights to continue with other municipalities.
6) DANIEL MUNICIPAL WATER MATTERS AS NEEDED
Mayor Turner asked Kim Norris if the removal of the hydrant at a residence near Highway 40 has been scheduled. He would like to have a contractor perform the work. Kim Norris stated the contractor who performed the work on 3000 South could be used. However, the Town did not perform this work, the landowner did. Mr. Norris is hopeful the work can be performed for less than $2,000. Because Mr. Norris is not to be involved, he would like Gary Walton to schedule the work with the contractor and be present, if necessary. Because the existing shut-off valve has not been located, the system will be shut off, the hydrant drained and removed, and the water turned on again. A new valve can be placed on the other side of the highway at a later time for future use.
Mr. Norris stated the power company had trimmed some trees at the pumphouse with the intention to remove several trees entirely in the future. Also, the Century Link data line is still laying on the ground and a cable truck will be needed to pull it between two poles. This is difficult to accomplish because it requires crossing private property and will also be attended to in the future.
Mr. Norris asked if the County facility water needs could be accomplished using a single waterline and meter. Council member Bateman explained the Public Works building and a new addition onto the transfer station requiring water are two different departments in the County with budgeting for each, and that is why they wish to have two separate waterlines and meters. Therefore, the Town will wait to get the final plans from Kelly Christensen to proceed with both projects.
7) STORM HAVEN WATER ISSUES AS NECESSARY
Council member Bunker stated hook-up fees in Storm Haven need to be addressed. Council member Bateman suggested putting it on the next agenda. Inquiries have been made for additional hookups on empty lots. Mr. Norris is concerned with additional water needs as the system was nearly maxed out last summer. There is possible need for placement of a lien on a lot where fees have not been paid for some time. Mr. Norris would like to discuss a moratorium for additional hookups as a future agenda item.
Council member Bunker asked that this be an agenda item on the April 19th combined meeting and asked Ryan Taylor to assemble data regarding water usage since the Town acquired the system in late 2015. He will provide his best estimations to try to establish if there is a need for a moratorium.
8) APROVAL OF MINUTES OF FEBRUARY 6, 2017
Council member moved to approve the February 6, 2017 minutes as written, which was seconded by Council member Glodowski. The motion passed with the following vote: “Aye” votes from Mayor Turner and Council members Bunker, Blotter and Glodowski, with an abstention from Council member Bateman as he was not present at the meeting.
9) APPROVAL OF MINUTES OF MARCH 6, 2017
Council member Bunker asked that a correction be made in the paragraph under item 8 on page 6. Mr. Taylor corrected a statement attributed to him as follows: “Ryan Taylor explained the exchange of shares could become a taking since the roof area reduces the irrigated area.” He also changed the word “courts” to “many codes now look at the acreage still being irrigated in figuring the shares to be relinquished.”
Next Council member Bunker requested a change to language on page 7 at the top to read, in part, as: “the shares moved to Storm Haven Water Company rather than Daniel Town so the shares can be moved to the Storm Haven well service.”
With those two corrections having been made, Council member Bunker moved to approve the March 6, 2017 minutes. Council member Bateman seconded the motion which passed unanimously.
10) RECORDER’S OFFICE: WARRANT APPROVAL, QUARTERLY BUDGET UPDATE AND INTRODUCTION TO NEW BUDGET FORMS FOR FY 2018
Clerk Lynne Shindurling presented the warrants to the Council. Lacking a quarterly invoice from Blue Stakes billing, she requested approval up to $100 for payment when the invoice is received. Council member Blotter asked that the Council members be listed by name as receiving payment for attendance at the monthly meetings.
Mention was made, in reviewing the Daniel Municipal Water warrants, of a higher power bill once again. Mr. Taylor said he started the well in order to gather samples and let it run for a few minutes.
Council member Bateman moved to approve the warrants as presented, which was seconded by Council member Glodowski. The motion passed unanimously.
Next the clerk reviewed with the Council the quarterly budget update for FY 2017. She also handed out to Council members the budget form used in the Pelorus software on which the next fiscal year’s budgets will be prepared. She mentioned she will be working with Mayor Turner during the month on next year’s budgets to be presented to the Council in May. Line items can be added or removed as we customize the Town’s desired format.
A cash summary for all funds was also provided to Council members to see the Town’s overall financial picture.
Clerk Shindurling informed the Council she is researching online payment for water customers and will have detailed specifics at the May meeting
11) DISCUSSION ON MOVING FORWARD WITH 8.25 HOME OCCUPATION CODE REVISION
Mayor Turner stated continued discussion on the code will occur at a combined meeting with the Council at the Planning Commission meeting on April 19th. Council member Blotter will, once again, bring a projector and computer to write language as discussed. The “purpose” previously written will be disseminated to all Board members beforehand. Council member Blotter asked to use the hour between 6:00 and 7:00 for code discussion before the zone change public hearing begins at 7:00. This was agreed on by all present.
Council member Glodowski moved to adjourn the meeting, which was seconded by Council member Bateman. The motion passed unanimously and Mayor Turner adjourned the meeting at 8:07 PM.