Council meeting minutes April 4, 2016




MONDAY, APRIL 4, 2016 AT 6:00 PM



 Quorum present:  Pro Tem Mayor Eric Bunker and Council members Jonathan Blotter and John Glodowski were present when the meeting was called to order at 6:04 PM.  Mr. Bunker explained Mayor Turner was out of town and excused from the meeting.  Council member Bateman arrived at 6:50 PM.  Treasurer Sherri Price was present, as was Clerk Lynne Shindurling to record the minutes.

Planning Commission members present:  Kim Norris, Gary Weight, Pam Skinner, Tom Rawlings, and Planning Secretary Kathy-Jo Percy.

Members of the public in attendance were:  Shelly Bunker, Tim Clark, Keith Johansen, Jill Cottam, Bridger Wilde, Stefanie Grady, Merry and Mike Duggin, Deb Jones, Dan Dearden, Darek Slagowski, Marianne Meek, Barb Norris, Bill Skinner, Jim Percy, and Ryan Taylor.


         No comments were made.


             Council member Blotter moved to open the public hearing regarding the school, which was seconded by Council member Glodowski.  The motion passed with unanimous “aye” votes and the hearing was opened.

Pro Tem Mayor Bunker presented a layout of the school on Ranch Drive and asked those present for any questions or comments.  He mentioned that the School Board has agreed to leave Ranch Drive closed off ending in a cul-de-sac with a crash gate on the east boundary of the school to be used for emergencies only.  There will be a six-foot chain link fence surrounding the school and the crash gate will have a padlock.  A pedestrian gate may be placed near the front of the school at Ranch Drive for school kids to enter the school grounds.

Dan Dearden asked if the Town is to decide whether or not there should be a gate for pedestrian access.  Pro Tem Mayor Bunker answered affirmatively.

Mr. Dearden went on to say he lives on Ranch Drive with just one lot existing between the school grounds and his property.  He mentioned he had visited the Old Mill Elementary School, after which the proposed school in Daniel is modeled, and was impressed with the layout and cleanliness of the grounds.  He also mentioned when he and fellow property owners on Ranch Drive bought their land initially, one desirable feature was Ranch Drive being a cul-de-sac and the promise it would remain such with no through traffic.  He does not want the pedestrian gate as cars would be dropping off and picking up children before and after school, as well as perhaps sports activities taking place on school grounds at other times and even on weekends.  His understanding is 2400 South will not be extended east out to Highway 40 in the foreseeable future but will be widened to 54’ feet with lanes for cars dropping children off at the front of the school to turn around, as well as a bicycle lane.  Deb Jones of the School Board confirmed the plan is to widen the road to 54’ in front of the school, and Heber City has to make a decision if they will widen the road on into Daniel.

Mr. Dearden explained Ranch Drive was not originally designed for such a high volume of traffic and is already showing signs of deterioration.  He is concerned if a pedestrian gate is allowed, people will come to the Daniel side of the school to drop their children off if they see a traffic overload on Wheeler Road.  He reported he has been told bussing will be available through Daniel Town because of the distance to the school.  He also mentioned drug paraphernalia has been found on lots nearby and is concerned for child safety.

In closing, he asked that there be no pedestrian gate to limit traffic and promote safety.  There are no sidewalks in Daniel, on Ranch Drive, and children would be safer in front of the school.

Mr. Norris asked him where he would like to see the children dropped off.  Mr. Dearden said on Wheeler Road in front of the school, as there is a specific drop-off area delineated, one area for buses and one for vehicles.

Kathy-Jo Percy asked about the drop-off lanes in front of the school.  Deb Jones clarified which was for buses and which was for private vehicles, with parking stalls also available for parents needing to enter the school.

Council member Blotter asked for a summary of what the Daniel residents living on Ranch Drive and Teancum want from the School Board.  Mr. Dearden stated they want no pedestrian or vehicle traffic going to the school.  He mentioned residents living on those two streets had worked hard and paid personally to keep the road as a cul-de-sac with no through traffic.   Council member Blotter asked if signage could be placed stating “no school drop-off” or some such language.  Pro Tem Mayor Bunker replied because the Town receives Class C road funds, they may be prohibited from posting such signs on a public road.

Ms. Skinner, who has lived on Ranch Drive for 12 years, stated she and her husband originally purchased their property to have quiet, dead-end road, with space for their animals.  She was disappointed when the School District was able to purchase two lots in Ranch Estates when it was felt their CC&Rs would prohibit such a sale.  One of her big concerns is traffic and keeping the road closed on the north end.  If a pedestrian access gate was allowed, she feels it would be unsafe for the children waiting for their parents to arrive to pick them up and those dropping them off in the morning.  She stated the road is currently used by citizens walking, jogging, dog walking, riding ATVs, horseback riding, buggy rides, which will become a danger with traffic on the road.  She estimates perhaps an additional five minutes for parents to drive around to the front of the school as opposed to the end of Ranch Drive.  She mentioned additional cost to Daniel Town to upgrade and maintain Ranch Drive as it was not built for a heavy traffic load, as well as added snow removal throughout the winters.  She is afraid the rural lifestyle they moved to Daniel to enjoy would be spoiled if a pedestrian gate was installed.  At any rate, she does not want Daniel Town to make the decision in haste.  She would like to see a traffic study performed and survey of citizens to see what the local residents would prefer.

Deb Jones clarified which lane is for buses and which for cars on the rendering produced.  She also referred to an article in The Wasatch Wave stating Heber Valley is one of the fastest growing areas in the country.  Pam Skinner thanked the previous Mayor and Council for being visionaries back in 2006 when Daniel Town was incorporated as far as trying to maintain a rural lifestyle.

Stefanie Grady stated as she has attended many School Board meetings dealing with the new school, she feels their number one priority is the safety of the children, and, thus, a pedestrian gate should not even be considered.  A berm at the south end of the property was denied by the School Board for safety reasons, and an unmonitored man gate could pose the same safety concerns.

Dan Dearden mentioned he had reviewed the sex offender list for Daniel and Heber City and was appalled to find some reside locally.  As parents, residents in the local communities need to be concerned for their children’s safety on many fronts today.

Tim Clark appeared before the Council as a potential buyer of the Gerald Smith property on Teancum.  If his sale goes through, he does not want the pedestrian gate with the added vehicular traffic in the area.

Merry Duggin spoke next stating she and her husband, former Mayor Mike Duggin, live on Teancum Drive.  She stated because much of Daniel Town is zoned RA-5, folks living on five-acres lots pay a higher percentage in taxes toward the schools than people living in more developed areas.  She reaffirmed that Ranch Drive was not built for high traffic volumes, and requested it be put in writing that construction trucks will not be allowed to use Ranch Drive during construction of the school building.  She feels a man gate would pose a security issue for the students and would prefer students be dropped off in front of the school.

Ms. Duggin next read a letter authored by Barbara Johnson who owns property at 2960 Ranch Drive.  She mentioned the busy roads with no sidewalks and is also against the school installing a man gate.

Kim Norris asked Ms. Duggin about a comment she made regarding the School District’s purchase of ground on 3000 South.  She mentioned at the time she spoke with a realtor stating Daniel has no sewer and no sidewalks, not knowing at the time it was the School District thinking of purchasing the land.  She was surprised to learn the purchase went forward years ago and would like the District to sell the 3000 South property, as now they own four lots which are tax exempt within the Town of Daniel.

Dan Dearden asked the Council if the agreement per Terry Shoemaker is that no constructions trucks will be allowed on Ranch Drive.  Council member Bunker mentioned the statement is in the bid documents and, once awarded, the general contractor will enforce this as construction proceeds.

Merry Duggin went on to mention with a recent storm containing high winds, a wheel line located on the school property was tossed about and could have caused damage to neighboring properties and would like that looked into.

Council member Blotter asked if anyone in attendance at the hearing would like to see a man gate allowing pedestrian access from Ranch Drive.

Shelly Bunker spoke on behalf of herself and other neighbors living on the west end of 3000 South.  They feel people living in Daniel should be able to access the school from the Daniel side on Ranch Drive, which she feels is a public road, not private.  Stefanie Grady stated they are not trying to keep Daniel children out, per se, but all children, as the homes and lots along Ranch Drive are private property, and deny access.

Bill Skinner commented regardless of the “town” in which the school is located, be it Heber City or Daniel, safe access is the main concern and he feels a man gate presents many unsafe aspects to the arrival and departure of children on the Ranch Drive side.  He feels since most of the students will be coming from the Heber side of the school, consistency in access is warranted.  Shelly further commented the school location and the gate issue are not only affecting residents living on Ranch Drive but, rather, is affecting the whole town.

Jim Percy stated he feels the hearing is getting out of hand with arguments occurring between citizens.  He would like to see people comment, allow the next person to speak, without attacking each other.

Dan Dearden stated he doesn’t feel the atmosphere is one of argument, but simply a discussion looking at the issues involved.  He thinks this is open dialogue and not being judgmental of others.  He thinks it would be closer for those living on the west end of 3000 South to drive around to the front of the school than going up Ranch Drive.  Pro Tem Mayor Bunker agreed it may be unless there is a traffic jam on Wheeler Road.

Bridger Wilde stated he lives on 3000 South currently but has purchased a lot across from the school on Ranch Drive and would prefer to have his children go around to the Heber side for entrance into the school yard for safety reasons.  He does not want a man gate installed.

Barbara Norris posed a question to the Council how information could be obtained from the majority of citizens living in Daniel with regard to a gate.  She also asked Shelly Bunker if she lived on Ranch Drive or Teancum, would she want the traffic coming into the neighborhood.  Shelly replied she was voicing her opinion and that of others she had spoken with and does not want to be attacked by others in the meeting because she has an opposing view.

Dan Dearden mentioned he thinks those making comments mean to be respectful and can understand the opposing view.  He wonders why the County facility across from the Bunker residence leaves their large lights on all night and has come to understand it may be cheaper to do that rather than turn them off.

Bridger Wilde asked if the next step is the Council indicating to the School Board what the Town of Daniel wants.  Pro Tem Mayor Bunker replied the Board wants to work with the Town, and they will be looking for specific answers to be provided by the Town Council.  He also mentioned if a gate was in place, the District has indicated there would be a crossing guard present and it would not be left unmonitored.

            With no further discussion, Council member Glodowski moved to close the public hearing, which was seconded by Council member Blotter.  The hearing was closed by unanimous “aye” votes.

Pro Tem Mayor Bunker stated the Council would not vote on the gate issue at this meeting but, rather, give those who are out of town an opportunity to email or write their comments and wait until the next meeting when Mayor Turner is present.  He will continue the discussion until May.

Bill Skinner commented he would like a vote taken and the decision made this evening.  Pro Tem Mayor Bunker reiterated the Council wants to continue the issue.  He thanked the public for attending this public hearing.


Ryan Taylor stated the plans and specs are almost complete for the culinary waterline running from 3000 South northward on the east side of Ranch Drive.  Construction on this line should begin sometime in May.  Pam Skinner asked regarding the impact to Ranch Drive residents.  Mr. Taylor said the plans call for the line to run five feet off the asphalt which will involve closure of one lane of the road.  The work will be performed in sections to limit the inconvenience to residents.   He thinks this will take two to three weeks.

The Timpanogos irrigation line now located on the west side of Ranch Drive will remain intact, with the exception of lots 7 and 8 where the school is located.  The line will be moved into the right-of-way of Ranch Drive so it is not under the asphalt in the parking lot of the school.  He is tasked with getting approval from the Town Council to do so, and recommends the move.

Kim Norris asked when the irrigation company plans to do their construction.  Mr. Taylor stated it is being bid with the irrigation company’s contractor and timing is not known by the Town at this time.  Obviously, with the irrigation season approaching, Mr. Norris feels it should be done immediately or wait until fall when irrigation is no longer needed.

Pro Tem Mayor Bunker stated he had spoken with Francis Harrison at the School District and was told the Wasatch County Special District has to sign off on the construction involving the irrigation line and would like to see that approval before the Daniel Town Council decided the issue.  He also mentioned the District would like utilities encompassed within the same trench if possible.  Mr. Taylor said he has seen documents showing the power on both sides of the road and isn’t sure which is correct.  Dan Dearden offered information that the power and the gas are both located on the west side of the road, as well as the phone line.

Mr. Taylor reaffirmed that the culinary waterline is going to be located on the east side of Ranch Drive, as well as two fiberoptic conduits.  The irrigation line will only be moved at the north end in front of the school property on the west side of Ranch Drive with the utilities installed there as well if they can fit.

Kim Norris asked if the plans call for boxes and meters for culinary water to be stubbed out for all lots on Ranch Drive.  Mr. Taylor answered it is in the plans, but that portion of the work would be paid for by Daniel Town.  Dan Dearden asked if the Internet lines could be stubbed over at the same time in order to prevent additional construction in the future.  Mr. Taylor needs to confirm with the School District if part of the fiberoptic cable is available for residents or if it will only be for the school’s use.

Council member Glodowski moved to allow the installation of utilities in the trench at the time of construction, pending receipt of an approval letter for moving the irrigation line by the Wasatch County Service District.  The motion was seconded by Council member Blotter.  The motion passed with all “aye” votes.  Council member Bunker stated upon receipt of the letter, action will be taken administratively for the project to move forward.


Pro Tem Mayor Bunker then presented three renewals of a business license, those being Action Performance Electric, Little Lady Lingerie, and Adam Knight Plumbing.  Gary Weight mentioned upon reading the code dealing with home businesses, he would like clarification on what is allowed within the Town.  He wonders if renewal ought to be put off until the matter is discussed.  Council member Bunker stated renewal must be made or they will be in violation.  Upon receipt of written complaints against a business, a hearing can be scheduled, if the owner wishes, and the matter would proceed through the legal channels.    Mr. Weight would like more time spent with new applicants in the future going over the requirements before a new business is issued a license.

Renewal of the three businesses whose licenses were up for renewal was approved by the Council.


Planning Director Bunker produced his monthly planning report for review by the Council.  A written complaint was previously made regarding a property in the trailer park at 3000 South and Daniels Road, which was discussed with the Council.   Council Member Bunker produced a letter he wrote to the property owner for approval by the Council.

Ryan Taylor reminded the Council of discussion regarding a lot line adjustment on the Gerald Smith property to accommodate purchase by a third party.  Nick Frost with Wrona Law is working on behalf of his client with the Town to relocate a water meter contained in the parcel where the lot line adjustment is to occur.  They will pay the cost of relocation.  Since the Town has a water project underway on Ranch Drive, the hope is the same contractor will do this work at an acceptable cost.  The existing can will remain on the Sweat property and a new can and meter will be put into operation at the time fees are paid on the new lot.

Council member Glodowski moved to accept moving of the meter and a new meter being installed on the newly formed lot.  The motion was seconded by Council member Bateman.  Pro Tem Mayor Bunker asked for any further discussion.

Kim Norris inquired on behalf of Val Davis, who lives east of the new lot, what is going to happen to the existing well and how does it fit in with the formation of a new lot to his west. Nick Frost answered he feels it more appropriate to look at that issue when a permit to build on the Smith property is pulled, and this issue can be addressed in a civil arena between the two neighbors.

              The vote for the motion on the table was as follows:  “Aye” votes from Pro Tem Mayor Bunker, Council members Glodowski and Bateman, with a “nay” vote from Council member Blotter.  The motion carried.

                 Council member Bunker asked if a plat would be forthcoming.  Mr. Frost indicated he and his client are working with Epic Engineering to move the project forward.

Moving back to the letter on the trailer park, Council member Blotter commented it was well written.  The other council members concurred.  Council member Bunker will get the Mayor’s approval and send the letter.  His intention is to have a paper trail to take to court, if need be, to get matters resolved.

Council member Blotter asked if a person must sign a written complaint or if one could be submitted anonymously.  Council member Bunker stated all letters must be signed.  The author could potentially become a witness in court and must be known.  Council member Blotter opined if complaint of a code violation is made, even anonymously, the Town ought to be able to respond and correct the problem with the violator without naming of a complainant.  Council member Bunker stated at the point Daniel Town has an enforcer whose job it is to find the violations and work through them with the offenders, names don’t have to be named.  But the way the Town currently operates, a written, signed complaint is the mechanism which triggers enforcement attempts.

Tom Rawlings stated anonymous reporting of code violations denies someone their constitutional right to face their accusers.  He also stated if there is a Town code, it should be enforced.   Gary Weight mentioned if the Town did have a code enforcer, violations of one sort or another could be found on every property within the Town.  He would hope small problems could be resolved neighbor to neighbor.  His big concern is commercial operations within the commercial zone are carefully monitored, but the appearance of commercial/ industrial operations occurring within the RA-5 zone seem to be overlooked.  He would like to see enforcement of such activities and have them moved to the commercial/industrial zone if they are to continue operating.

Mike Duggin, who was the Town’s first Mayor, stated he had petty complaints between neighbors reported to him with the expectation he could correct the problem.  It can’t be done.  But he agrees commercial operations within the RA-5 zone need to be investigated and moved to the proper zone.  He agrees an anonymous complaint system could not work.

Council member Blotter responded if an obvious code violation is observed by a resident, that person ought to be able to report it to Town officials in an effort to get the violation corrected.  Council member Bunker reiterated the Town does not currently have the manpower to accomplish that.  Mayor Duggin stated he had tried in the past to work with Wasatch County to get an enforcer put into play, but it never came to fruition.  Perhaps it is time to try again.

Shelly Bunker reported she is aware of Eric Bunker receiving complaint calls from residents and his asking them to “put it in writing” to no avail.  Gary Weight brought up the fact that we live in Daniel for many reasons, one of which is fewer rules to abide by.   Kim Norris mentioned he feels residents get “a real good bang for the buck” when you look at the Town revenues in any department.  He feels there is a good balance presently, and the hiring of more enforcement personnel could upset that and cause a raise in taxes.

Merry Duggin agreed with Gary Weight’s comment that if something is in the Town code, it should be enforced.  If you don’t want to enforce it, it should be removed from the code.  It is probably time to take another look at the code and make changes.

Council member Blotter, in looking at the Planning hours Eric Bunker spends month after month, mentioned perhaps it’s time that the Town hired a Planner who could put in more time and possibly do more enforcement of code.  Salary concerns always seem to prohibit further discussion.

Kim Norris brought up discussion at the last Council meeting of flag lots and thought the subject had been turned back to the Planning Commission, since several members were in attendance at the hearing this evening.   Council member Bunker reminded him the issue had been tabled and there would be no further discussion of flag lots.  The new road standard adopted by the Council actually takes care of most of the concerns in regards to accessing large tracts of land behind an existing home and being able to subdivide that land.

Pro Tem Mayor Bunker mentioned that recordings of the Town Council meetings as well as Planning Commission meetings are now uploaded into the YouTube website.


               Kim Norris had no issues to report on DMW but moved right into Storm Haven Water.


Mr. Norris reported the newly installed generator is not working properly and there is a leak in the system which has not been found to date.  He stated there are four isolation valves but that two are not working properly.  They need to isolate each of the four sections to try to find the leak.

Back to Daniel Municipal Water issues, Council member Glodowski discussed several options for raising the water personnel wages.  Because some of the current personnel are looking to retire soon, the feeling is it’s time to hire a full-time water manager who could accomplish needed tasks which aren’t being done.  Council member Glodowski asked if water rates should be raised to provide more revenue to pay someone full time.   Mike Duggin, the Town’s current operator, is not planning to renew his operator’s certificate when it expires in two years.

    Council member Bateman moved to address the compensation at the May Council meeting.  The motion was seconded by Council member Glodowski.  Further discussion ensued.

Mike Duggin reported the Division of Drinking Water is becoming harder to work with and having competent personnel is imperative.   He is of the opinion a new manager/ operator still would not be able to complete all tasks required of the water department and volunteers must be willing to help out.  Ryan Taylor reported the State DEQ and the Federal EPA are in countersuits, so that relationship is deteriorating.

Council member Blotter requested compilation of information regarding wages and time spent currently within Daniel water companies and comparable information from other water departments within nearby municipalities.  Mr. Duggin stated hours worked are not a good indicator as more time is spent when emergency situations arise that are out of the norm.  Kim Norris also mentioned personnel don’t report all of the hours they spend each month and feels an increase of 15-20% over hours reported is a better estimate of hours involved.  Mr. Norris reported he started submitting requests for mileage reimbursement for use of his personal vehicle in doing the water repairs and maintenance.

Merry Duggin stated in looking at the issue of water department management in the past, discussion was had about sharing an individual on a part-time basis who works for multiple companies or municipalities.  She suggested appointing a committee that could contact other companies and see if they are interested in cooperating with Daniel Town.   She reported the Rural Water Association has passed on to her using the Chem Tech Lab for our testing rather than the State laboratory.  She thinks they should be contacted.

Dan Dearden mentioned he has software within his company that works with Human Resource departments in creating a job description with necessary certifications.

Kim Norris would also like to add a change in the disconnection fee for water service.  He feels the $50.00 charge is not sufficient to encourage residents to pay their bills.   It needs to be a high enough number to get their attention.  Council member Glodowski suggested perhaps charging a deposit when water is turned on, but this could lead to an accounting nightmare.

Council member Blotter asked about planners in nearby municipalities to see if a person could be shared among communities.  Council member Bunker opined too many problems arise when you get to a management level with competing companies and doesn’t think it would be feasible.   Ryan Taylor mentioned there is an engineer within Epic Engineering who is certified as a level 4 operator in water and wastewater.  He will work up a proposal for doing some of the duties the Town requires on a monthly basis to bring to a future Council meeting.

Shelly Bunker asked about volunteers performing duties and how much liability Daniel Town has.  Kim Norris stated all employees on the payroll are insured.

Tom Rawlings asked that the Council be cautious in using a workforce composed of volunteers versus employees.  If you hire employees at a higher rate, more than likely the volunteer workforce will disappear.  You are better off paying the current volunteers more money to keep them on staff.

Council member Blotter would like to see salary amounts in neighboring municipalities paid to both water personnel, and a Town planner, to ease the burden off of Planner Bunker.  Treasurer Price will put together the compensation records for 2015 to date.  The clerk also mentioned budgets filed with the State Auditor’s Office on an annual basis can provide additional information.

               The vote on the pending motion was unanimous “aye” votes.  The motion carried.


               Council member Glodowski moved to approve the minutes of March 7, 2016, which was seconded by Council member Bateman.  Council member Bunker asked to strike the words “and buildable” on the first full paragraph on page 4, line 6.  Council member Glodowski amended his motion for approval to include the change in language, and the second of the motion by Council member Bateman stood.  The motion passed unanimously.


                   Clerk Shindurling reviewed the warrants to be paid by Daniel Town.  On Daniel Municipal Water warrants, discussion was had regarding the higher amount due Heber Light & Power.  Ryan Taylor stated he is working on changing settings at the pump house in an effort to reduce the charges somewhat.  We’ll review next month’s bill to see if it has made a difference.   The Questar Gas charge on Storm Haven warrants is the first so the billing will be reviewed to see what the monthly charge will be.  An adjustment was made in the reimbursed amount for mileage to Kim Norris for work at Storm Haven from 51 cents per mile to 55 cents per mile.

               Council member Blotter moved to approve the warrants.  The motion was seconded by Council member Bateman, with unanimous “aye” votes to carry.

The clerk presented the quarterly reports for Daniel Town, noting an employee benefits line item was added as Eric Bunker was added to the State Retirement system.  On the line item for highways and streets construction, bids have been received.  Ryan Taylor suggests adding more roads to next year’s budget as a change order to the current bid award and increasing the budgeted amount for 2016-17 accordingly.

Merry Duggin reminded the Council that a budget amendment may be necessary in order to have monies in the budget to get the waterline work performed within budget.

The clerk stated many adjustments will have to be made to the Storm Haven water budget to reflect actual expenditures and an amendment made.  Mike Duggin suggested the Council look at used equipment on the market, such as a generator for the Daniel Municipal Water pump house, and acquire such at a reduced price for future use.

The clerk asked the Council to review this year’s budget in order to suggest changes for the fiscal year 2016-17 when the tentative budget is adopted in May.

       11) ADJOURN

Council member Glodowski moved to adjourn the meeting, which was seconded by Council member Bateman.  Pro Tem Mayor Bunker adjourned the meeting at 8:40 PM.     

Lynne Shindurling


Comments are closed.