DANIEL TOWN COUNCIL MINUTES
MONDAY, DECEMBER 5, 2016 AT 6:00 PM
WASATCH COUNTY SERVICES BUILDING, ROOM 126
55 SOUTH 500 EAST, HEBER CITY, UTAH
Quorum present: Council members Bateman, Bunker and Glodowski were present when Mayor Turner called the meeting to order at 6:01 PM. Council member Blotter arrived at 6:07 PM. Treasurer Sherri Price was present, as well as clerk Lynne Shindurling to record the minutes.
Members of the public in attendance were: John and Tricia Marr, Jaq Shindurling, Brent Waterman, Shelly Bunker, Mike Duggin, Tom Rawlings, Pam Skinner, Kim Norris, Kathy Jo Percy, Mark and Jamie McAllister, and Ryan Taylor.
1) PUBLIC COMMENT CONCERNING ANY ISSUE NOT ON THE AGENDA
John and Tricia Marr presented a booklet in regards to their proposed Lilyfields Farm if they were to purchase property at 2177 South Daniels Road consisting of 7.95 acres zoned RA5. They would like the Council’s approval to move forward with a proposal of a discovery and learning center on the property, but would want to add an additional residence and a barn which would have several classrooms. Two families would live on the property and run the farm school. Mayor Turner thanked the Marrs for coming and asked if the Council had any questions or comments.
Council member Glodowski noted the property is in the RA5 zone and currently has one home on the property. Council member Bunker stated that is why he directed the Marrs to come before the Council and not the Planning Commission. He also asked if the property would remain as one parcel or if they would intend to subdivide it. Mrs. Marr stated they would like to subdivide as between the two proposed residences, but the remainder of the property would be held in a family trust. She also stated they are open to recommendations of the Town in moving forward with the proposal. She left her contact information with Council member Bunker.
2) MIKE DUGGIN SPEAKING ON PROGRESS OF AIRPORT UPGRADE/EXPANSION
Mr. Duggin, as a member of the Airport Authority Board in Heber City, provided information on grant assurances tied to the airport and showed those in attendance his copy of the Airport Compliance Manual consisting of over 600 pages on regulations. He stated the runway classification of 32 for the Heber Airport was assigned as a result of the repaving of the runway in 2016. He added any aircraft permitted on a runway 32 or less can land at the Heber Airport uninhibited at any time. Occasional landings of aircraft 30-50% higher must be permitted also. Heber Airport is currently classified as a B-II airport and the FAA would like to see it become a C-II airport. In doing so the newly constructed runway which cost over $4 million to build would need to be torn up and, when replaced, moved to the south and west to accommodate the upgrade/expansion protection zone. In doing so land would have to be condemned in Daniel Town and Heber City.
The FAA provides Heber on an annual basis $150,000 to maintain its runway which, at some time in the future, will deteriorate to a point that the FAA will require the move to the south and west at a very high cost to Heber City. The FAA keeps a tally on monies provided to the City and would require repayment of the same. He suggests creation of a sinking fund so all municipalities in the valley can start saving for this large sum which will be due to the FAA 8, 10, 12 years in the future. This could be handled as a tax to individuals in Heber Valley.
He mentioned the current FBO, OK3 Air, has a contract through the year 2041 and has become very difficult to work with onsite. He stated because of the possibility of lawsuits, a renowned attorney by the name of Peter Hirsch has been hired by Heber City to try to protect their interests.
Kim Norris asked if an increase on the fuel tax for jet fuel couldn’t be imposed to add revenue at the airport. Council member Bateman stated perhaps a carbon tax could also be instituted. Mr. Duggin stated any revenue made in airport operations has to stay at the airport as the current contract is written.
Mr. Duggin stated the City is looking into getting a new FBO at the airport to replace OK3 Air. The majority of the minimum standards were written by the current FBO to his benefit.
Council member Bunker asked Mr. Duggin if he was aware of a meeting the Planning Department was invited to and produced a map of the protective zone presented at the meeting. Mr. Bunker stated three days after the public meeting the map was changed.
Mr. Duggin stated the Master Plan Study, which beforehand was to be done in 2017, has now been extended to the year 2020. He suggests county residents get in touch with the County Council and City Council members and voice their interest, as the airport affects everyone in the Heber Valley. He feels the air traffic will probably remain the same for some time before changes begin to occur. When and if a new runway is built, the Runway Protection Zone would be changed and at least two of the current residences then in the zone vacated.
3) DANIEL MUNICIPAL WATER MATTERS AS NECESSARY. RESOLUTION ON NEW WATER METER RATE STRUCTURE AND DISCUSSION OF WAGE INCREASE FOR WATER PERSONNEL
Ryan Taylor mentioned the rate schedule currently in effect provides for larger impact fees for larger meters. He is proposing a new rate structure which uses the same water customer rates for usage but increases the base rate for customers with larger meter sizes. The rationale behind his suggested base rates is the Town needs to be able to meet the needs of larger quantities of water flowing through a larger meter at one time, even though they may not have high usage on a monthly basis.
Council member Blotter stated a base rate for a 3” meter allowing 80,000 gallons per month and a 4” meter allowing 125,000 per month base does not encourage conservation. He wonders if customers who have a 3 or 4” meter should be charged at a higher rate for their water than a residential ¾” meter. Mr. Taylor stated elsewhere it is common to charge more because they have an impact on the system, including the maintenance and storage components. At the same time Kim Norris mentioned residents on the Daniel Municipal Water system can receive a base of 20,000 for $35.00 per month on the current structure, where residents in Storm Haven have a base of 8,000 gallons at the same $35.00 rate per month.
Revenues have been discussed, but Mr. Waterman inquired about the costs of production of the water and maintenance of the system, including the two bonds taken out to improve the system beginning in 2009. He stated it might be more beneficial to increase rates to have monies on hand as future improvements are needed. It was reported that the revenues received from water customers cover all production and maintenance costs of the system, as well as the bond payments with interest.
Council member Bateman stated at the current time there are few commercial users on the system. In the future if more commercial is allowed to hook into the water, a higher rate structure could be adopted to try to keep the residential rates at or near the current rates. He agrees with the figures stated in Resolution DR 2016-12-05.
Council member Glodowski moved to adopt Resolution DR 2016-12-05 citing new rates, which was seconded by Council member Bateman. The vote was as follows: “Aye” votes from Mayor Turner, Council members Glodowski and Bateman, with “nay” votes from Council members Bunker and Blotter. The motion passed and the resolution was adopted.
Council member Bunker stated the DMW rates were set at the beginning in 2009, with an increase in 2013 and changes made here in December 2016. The Council instructed the water secretary to bill the Daniel Elementary School at a base rate of $35.00 for the months of October and November, and adopt the base rate for a 3” meter of $315 beginning in January 2017 for the December billing.
Mayor Turner recommended raising the hourly rate for water personnel from $15.00 an hour to $20.00. Council member Blotter asked if the rate structure can handle an increase in costs to the water company. The Mayor explained if, after several months’ usage it appears that an increase in base rates for water is necessary, the Council has the authority to make another adjustment in the coming year.
Council member Bunker moved to increase the hourly wage to $20.00, and thanked them for their service. The motion was seconded by Council member Glodowski and the motion passed unanimously.
4) STORM HAVEN WATER ISSUES AS NEEDED, POSSIBLE BUILDING MORATORIUM IN STORM HAVEN DUE TO WATER AVAILABILITY
When asked about issues in the Storm Haven Water system, Kim Norris reported the previous Saturday, on December 3rd, a clean-out of one of the lines was required where sewage was backed up about 150’ past the clean-out for three homes. He stated the first septic tank does not have a drain field. From the first tank sewage flows through a second line which picks up approximately 15 more homes and travels into a second septic tank where there is a drain field. The State performs an inspection in the field every year, and the current practice would be to pump out the tanks every two years, unless the inspection recommends something different.
Mr. Norris reported in a previous blockage in the early summer of 2016 tree roots were found in several places in the line. Council member Glodowski asked if a scheduled maintenance cleanout on a yearly basis would benefit the system. Mr. Norris recommended immediate action when a problem arises. Council member Bateman would like to see a budgeted item for cleaning out the lines every October as preventative maintenance in the two locations which have had problems manifest since the takeover of the system by Daniel Town. Mayor Turner will keep this in mind for the next fiscal budget.
At this point Mr. Norris reported a new customer came on the system in the past year and asked if the Town wanted to allow more users of the water. Council member Bunker stated the new home had a prior hookup so it was not a new customer. There was no impact fee charged because the prior home had been hooked up. Mr. Bunker stated the Town does not want any new users on the system, and Mr. Taylor added the State will not allow anyone else on the antiquated sewer system as community drain fields are no longer allowed.
Mayor Turner asked how many lots are left to be developed. Council member Bateman reported he knows of two lots remaining for buildout. Council member Bunker asked about the two parcels owned by Tim Jones. There is a possibility of a third home there. Discussion amongst Council members led to the conclusion of a building moratorium until further improvements are made to the existing water system and evaluate the situation at that time. If drilling of a private well is allowed, it may draw down the water available for the community. Council member Bunker explained a moratorium can only be in place for six months at a time. Mayor Turner is going to get some legal advice before any action is taken.
Tom Rawlings asked if wells in the Storm Haven area are still available as he is of the understanding well permits had been shut off and an existing permit would have to be used in order to drill. Mr. Taylor explained the whole Heber Valley is a closed basin, meaning there are no new water rights available. An existing water right would have to be traded in to drill a well. Even an irrigation water right could be used for drilling a culinary well.
Mayor Turner asked Ryan Taylor to work up some figures perhaps taking into account an impact fee to justify an additional user.
Council member Bateman asked about the collection efforts at the time of the October shutoff when accounts are to be brought current. Mr. Norris reported collections were good through that time. He also mentioned some persons offering to pay for those who are not paying their water bills for a time, and then they change their mind and don’t want to pay for others any longer. He asked for direction on properties that change hands when there is an outstanding water bill owed. Sometimes they go into foreclosure with a balance owing. This is a good example of reasoning behind trying to keep the bills more current. Kathy Jo stated she has three or four customers whose bills are currently adding up and the residence is vacant, no one is taking responsibility to pay. Tom Rawlings stated water companies in Salt Lake will file a lien and perhaps the Town should consider doing the same.
5) BUSINESS LICENSE APPLICANTS AND APPROVAL OF NEW HOME OCCUPATION LICENSE APPLICATION
Planning Director Bunker reported there were no applications for a new license or renewal license.
Mr. Bunker reported Primo Farm and Fungi on 3000 South had been sent a compliance letter and he had gotten no response, nor did they come to the meeting. He will send a second letter after 30 days and proceed from there. Mark McAllister asked if notices like this should be sent Certified Mail to confirm delivery. Council member Bunker stated at this stage he would not do so, not until the process had moved closer to court proceedings.
6) PLANNING DEPARTMENT REPORT, CODE VIOLATIONS AND ENFORCEMENT
Planning Director Bunker produced his November planning report. Council members were brought up-to-date on the line items listed. He mentioned the next meeting regarding Highway 40 preservation corridor is to take place on December 8th.
7) ADOPTION OF DANIEL ORDINANCE 2016-12-05 ESTABLISHING MEETING SCHEDULES FOR PUBLIC MEETINGS IN 2017
The tentative dates were brought up in the November Council meeting. Council member Blotter moved to approve the dates and adopt the Ordinance DO 2016-12-05. The motion was seconded by Council member Glodowski and passed unanimously.
8) PROPOSED LANGUAGE FOR HOME OCCUPATION CODE 8.25, POSSIBLE MOTION
Mayor Turner stated as new code has to be written for businesses not included in the commercial code or home-based businesses as defined, he does not want to adopt an ordinance this evening. Council member Bunker illustrated on the white board the three categories of licenses proposed, those being commercial, self-employed, and home occupation businesses. The Mayor explained two public hearings on the home occupation code have been held and the new code for other businesses will be written.
Jamie McAllister asked how each of the three licenses is defined to determine which a specific business would require. Council member Blotter explained the home occupation license has not changed much from the previous 8.25. The self-employed will encompass many of the companies now in existence, plumbers, electricians, trucking companies. The commercial is already defined and included in the commercial zone.
Tom Rawlings asked for a specific definition of self-employment. He is concerned it does not allow for a company with employees also. He would like a legal opinion on the concept. A title of “small business” may more accurately depict the businesses in question. The Council is unsure if more public hearings are required where all types of businesses had been discussed previously. Mayor Turner will get advice from legal counsel on the hearings issue. All aspects of the “small business” code will be discussed over the coming months to determine restrictions and allowances. These meetings are always public.
The clerk did point out to the Council that Section 8.25.06(1)(f) had been amended by ordinance in 2008 to reflect signage of 10 square feet, where the copy that had been produced for the Council’s review still reflected the original size of two square feet. The change was made.
Council member Bunker requested a minor change to Section 8.25.03(3) to read at the end “provided for in residential uses.” He requested the striking of “yard requirements” in section (5) also to read “to determine availability of parking space…” In Section 8.25.06(1)(a) he requested zone numbers be omitted and the sentence read: “A Home Occupation may be permitted in that zone.” After discussion, the subparagraph (d) dealing with “one commercial vehicle may be allowed” was omitted entirely, no mention of vehicles.
Council member Bunker stated he has seen the county taxing small businesses on usage and not necessarily on the zone in which the business is located, that being RA5. Tom Rawlings stated business owners will have to make those decisions as they apply for business licenses. The wording on license applications could become an issue as the Town formulates its new applications.
Shelly Bunker asked if Mr. Bunker’s planning office in their home would need a business license. Mr. Rawlings explained offices for officials in a municipality are not included in the home occupation category.
Mark McAllister asked if persons who drive a semitruck but do not have a home occupation business will still be allowed to park their semis at a residence in Daniel. The Council members concurred parking a commercial vehicle at a home on occasion is allowed.
Council member Bunker then addressed Section 8.25.06(1)(e) on the first line which states “secondary to the use of the dwelling for dwelling purposes.” He would like that changed to read “secondary to the use of the residence for dwelling purposes…”
The 8.25 new wording will be disseminated by the clerk to the Council members for future use.
9) APPROVAL OF COUNCIL MEETING AND PLANNING COMMISSION MEETING AND PUBLIC HEARING MINUTES OF OCTOBER 3, 2016
Council member Bunker asked to change wording on item 11 on page 11 from “the newly created lot” to “A new meter will be installed on the existing lot.” With that correction noted Council member Glodowski moved to approve the minutes of October 3, 2016, which was seconded by Council member Bateman. The vote on the motion was as follows: “Aye” votes from Mayor Turner and Council members Bunker, Glodowski, and Bateman, with an abstention from Council member Blotter. The motion passed.
10) APPROVAL OF COUNCIL MEETING MINUTES OF NOVEMBER 7, 2016
Council member Bunker asked to change wording on item 2 on page 1 referring to a “conditional use” to a “continued use” on the third line. On the sixth line in the same paragraph he commented “the conditional use” should read “a conditional use.” In the same paragraph Council member Blotter asked to change the word “suggested” to “mentioned applying for a commercial zone for the property.” Council member Bunker requested changing “Jake brake” on page 2, sixth paragraph, to “engine brake.”
Council member Blotter noted in the discussion on page 3 in the paragraph on business license applicants, the Council needs to pay close attention to the specifics in a license application, such as square footage intended to be used for the business not exceeding 15% of the ground floor. A site plan would be helpful.
Council member Glodowski moved to approve the minutes of November 7, 2016 with the corrections noted. Council member Blotter seconded the motion. The motion passed by the following vote: “Aye” votes from Mayor Turner, Council members Glodowski and Bunker. Council members Blotter and Bateman abstained.
11) RECORDER’S OFFICE: WARRANT APPROVAL, ANNOUNCEMENTS, OPEN AND PUBLIC MEETING TRAINING
The clerk presented the monthly warrants for the Town and both water companies. She noted the expenses on water sample testing were higher than normal due to the types of tests being performed. Also, the Town incurred some expense for a water main break on 3000 South which will be reimbursed to the Town by the Webbs.
Council member Blotter moved to approve the warrants as presented, which was seconded by Council member Bateman. The motion passed unanimously.
The clerk thanked all Council members for filling out their fraud questionnaires in connection with the 2015-16 audit currently being performed. She announced receipt of a notice from Charleston for the annexation petition from Ed Golub/Mike Petersen, stating the deadline for protest is December 29, 2016. Ms. Shindurling also informed the Council that the 2017 CDBG funding is in process, the workshop having been attended by herself and the Mayor. The first public hearing announcing participation in the program and the project being contemplated by the Town will be held on January 9, 2017 as part of the January Council meeting.
The open and public meeting training followed next. Mayor Turner selected the section on Election Issues from the Powers and Duties Handbook issued by the Utah League of Cities & Towns. He reviewed with the other Council members several paragraphs in the section, followed by other Council members reading through to the end of the section. This exercise fulfilled the required annual training of our Council members.
Council member Glodowski moved to adjourn the meeting, which was seconded by Council member Bunker. The motion passed unanimously. Mayor Turner adjourned the meeting at 9:25 PM.