DANIEL TOWN COUNCIL MINUTES
MONDAY, JULY 10, 2017 AT 6:00 PM
WASATCH COUNTY SERVICES BUILDING, ROOM 126
55 SOUTH 500 EAST, HEBER CITY, UTAH
Quorum Present: Council members Bunker, Glodowski and Blotter were present when Mayor Turner called the meeting to order at 6:02 PM. Treasurer Sherri Price was present, as well as Clerk Lynne Shindurling to record the minutes.
Members of the public in attendance were: Shelly Bunker, Brandon Cluff, Stefanie Grady, Pam Skinner, Jack Walkenhorst, Mark and Jamie McAllister, Evan A. Child, Phil Mattingly, Samantha Moll, Merry Duggin, and Ryan Taylor of GDA Engineers.
1) PUBLIC COMMENT CONCERNING ANY ISSUE NOT ON THE AGENDA
Council member Blotter expressed concern at the length of time it takes to get a building permit approved within Daniel Town. His opinion is to have plans approved by GDA Engineers and then submit problems or concerns to the Planning Commission for resolution to move the process along faster. Ryan Taylor explained oftentimes residents take time getting questions answered which were asked by Planning, thus holding up the process. Council member Blotter asked Planner Bunker what review he performs upon submission of a building permit application.
At this point Mayor Turner commented this is a public comment period and expressed concern over questions being asked of the Planning Staff. He asked that the discussion take place as an item on a future agenda. Council member Blotter asked to have this as an agenda item in August.
Next Pam Skinner asked the Council what the process is for getting signage within Daniel Town. Council member Bunker stated homeowner association members can put up signs on their own property, but Daniel Town is responsible for signs placed in the rights-of-way. If signs are placed on HOA properties, the sign ordinances must be followed. Mayor Turner stated signs such as for speed limit are placed at the Town’s request by Wasatch County. He also mentioned signs instructing the public on traffic issues dealing with the new elementary school will be coming soon as the school will be opening in August for the 2017-2018 school year.
2) PRESENTATION BY JASON NORLEN OF UPDATES AT HEBER LIGHT & POWER COMPANY
Mr. Norlen stated he is currently the general manager for the power company and passed out materials for review by the public and the Council. He stated under the franchise agreement with Daniel Town the power company is to give an annual update on its status, and that is what prompted his visit at this meeting.
He mentioned in 2016 the power company began utilizing new billing software more suited for a utility company. Also, a second power transformer and additional circuits were added to the Heber substation, which services the Daniel area. An additional circuit was added at the Jailhouse substation to take pressure off the Daniel circuit as well. There is a new overhead feeder in the Daniel area to improve service.
Mr. Norlen reviewed the net metering policy in regards to solar generation produced by residents. He stated there are currently 596 kilowatts of total installed solar generation on the system. He reviewed kilowatt hours purchased and stated they are increasing at an average of 4% each year, showed projections overall for the company into future years. The full slideshow presentation will be attached to the minutes posted on the State Public Notice website.
Council member Bunker asked if the route of the proposed bypass road through the valley into Midway City is where the transmission line is envisioned to be located. Mr. Norlen stated they are working with planning departments, but would like to define a single route of the bypass road and use the same corridor.
Mayor Turner stated the Council had been told a street light would be placed at the west end of 3000 South near the intersection of Highway 189 to better illuminate where the turn into Daniel Town is. Mr. Norlen stated the light should be installed by the end of the summer 2017.
Mr. Taylor inquired if the power company had made headway in delineating on-peak and off-peak times for consideration in the rate structure. Mr. Norlen stated a rate study had been done in 2017 showing no need for a rate adjustment at this time, but the study did not take time of use into account as the company is so busy with issues which have arisen with the steady growth they are experiencing.
3) BRANDON CLUFF OF WASATCH COUNTY PROPOSING STAGING AREA NEAR GRAVEL PIT FOR TEMPORARY STORAGE OF CONSTRUCTION MATERIALS
Mr. Cluff wanted to address the Council to inform Daniel Town of their intention to use property owned by the County just west of the gravel pit to stockpile gravel, cobble rock, rotomilled product, and chips for chip seal projects as they have run out of room at the gravel pit. He offered the site for Daniel Town to store materials also if needed.
4) EVAN CHILD WITH CENTURY 21 REGARDING GENERAL INTERPRETATION AND FEEL OF THE COUNCIL ON POSSIBLE CHANGES ON A CLIENT’S PROPERTY
Mr. Child produced a map to the Council showing property he has listed currently located in the P-160 zone consisting of just over 32 acres. He would like to change the zoning to P-8 allowing four parcels of eight acres each, although only about two acres of each 8-acre piece is level enough for building and the remainder is a steep hillside. He stated most of the land is included in the greenbelt taxation category and allowing more houses would increase the tax revenue to Daniel Town. Council member Bunker stated the P-160 zone was established by the County in approximately 1976 and carried over after Daniel’s incorporation.
Council member Blotter asked if the existing road, which may be lengthened, meets the road standards within Daniel. Mr. Taylor stated the current requirement of a 50-foot right-of-way would not meet the asphalt width without modification. Mr. Child stated there is room to widen the road the entire length.
Mayor Turner stated he would like to see more detail on the proposed rezone. An application would need to be submitted to the Planning Commission for consideration. Council member Glodowski asked if the road would be private or public requiring maintenance by Daniel Town. Mr. Child stated the current homeowner is leaning more toward a private road. The Council will await further documentation being submitted for further consideration of the proposal.
5) DISCUSSION OF FRANCHISE AGREEMENTS WITH ALL WEST COMMUNICATIONS
Jack Walkenhorst had sent by email examples of a franchise agreement both for a cable television service agreement and a communications agreement, which would include telecom services. He stated telecom services are directed by State law through the Tax Commission and cable television services are generally more wide open.
Mr. Walkenhorst stated the company would be governed by excavation permits, inspections, and insurance requirements. All West reports annually on its future plans and would coordinate with participants on projects within Daniel to share trenches for utilities on projects. They have very little in the air and prefer cable to be underground. Council member Bunker asked if All West has a plan review process in place for proceeding through projects with municipalities, which was answered in the affirmative by Mr. Walkenhorst.
Council member Bunker had questions and comments on numerous paragraphs in the communications agreement wanting more clarification in the final agreement. Mr. Walkenhorst stated nothing is set in stone in the example agreement and will be reviewed point by point to establish the terms requested by Daniel Town. The second agreement dealing with cable television has stronger language placing more of a burden on the Town in working through installation of the cable. This, too, will be reviewed in fine detail to come to a mutual understanding of the provisions in the agreements, if entered into.
6) BUSINESS LICENSE APPLICANTS
Three existing businesses applied for renewal licenses as follows: Daniels Academy, Daniels Creek Construction, Pat Newhouse. The Council approved renewal of all three.
7) RYAN TAYLOR PROVIDING ENGINEER’S ESTIMATE OF COSTS AND REVENUES NEEDED TO SUSTAIN WATER ANS SEWER SERVICE IN STORM HAVEN, RATES NECESSARY TO QUALIFY FOR STATE AND FEDERAL GRANT AND/OR LOAN MONIES. ANY OTHER ISSUES WITH STORM HAVEN WATER
Mr. Taylor reported increasing issues with the sewer system in Storm Haven since the acquisition by Daniel Town. He was asked by the Council to produce a rate schedule based on a study performed in 2016. The Table 9 shows recommended rates through 2019, but he stated with so few residences on the system, 18 connections at this time, it is impossible to generate the revenue needed for an upgrade to the system, and makes it difficult to provide monies for continued repair and cleanout of the current lines. The rate was increased in late 2015 from $9.00 per month to $16.00, but another rate increase is recommended at this time. Mr. Taylor estimates, with luck, possibly getting another 10-15 years out of the system as it exists today.
If individual homeowners install a newer septic systems on their properties, the cost estimate per home is $10,000 – $15,000. Grant monies become available by application on a yearly basis, but income of those on the system is a consideration by HUD, and the sewer rates must be at $50.00 per month to qualify for receipt at the hardship point on their award system, and $65.00 per month base rate on water service. A government loan may be possible to obtain, but higher rates would still be needed in order to pay back the loan.
Council member Blotter suggested inviting homeowners on the sewer system to a meeting to explain the status of the current system and options for replacement. The State no longer allows installation of a community type septic system, so replacement would have to be done on an individual basis. In the meantime, the Town is incurring costly repairs to the system monthly. Mr. Mattingly asked if the system is doomed to failure because of the low number of participants. Mr. Taylor said in the long run this is true and that is why the Town wants to be proactive and discuss options with residents to get the ball rolling.
According to Table 9 produced by Mr. Taylor, now that we’re in the 2017-2018 fiscal year, water rates should be increased to $59.50 base rate per month and the sewer rate at $18.00 per month. Mr. Mattingly mentioned these rates are cheap compared to other communities, such as Salt Lake, and other municipalities within Wasatch County.
Mr. Taylor stated if an impact fee of $40,000 for a hookup fee for the remaining lots near the system was instituted, it would serve as a moratorium, in that it may be difficult for someone to pay, and wouldn’t have to be renewed every 6-12 months as a moratorium does. The money could be used for improvement of the existing system.
Jamie McAllister asked if you raised the rates in order to receive a grant, could they be lowered afterward. Mr. Taylor explained the rates would have to remain at the increased level until the loan is paid off.
Council member Bunker asked if the Town must honor making connections to the three lots in Storm Haven where they have been disconnected for over a year, have changed ownership, or in one case never connected. Mayor Turner is going to contact counsel for his legal opinion on the subject.
Because no other water personnel were present at the Council meeting, Mayor Turner provided information regarding a water leak in the Storm Haven water system which is being worked on.
8) DANIEL MUNICIPAL WATER ISSUES AS NECESSARY
Council member Bunker reported a discussion which had occurred regarding the road in the Three Farms Subdivision, private versus public. The waterline runs in the PUE along the road north into the subdivision. He would like clarification on which direction the Council wants to go. If the road is deemed public, the Town will be required to maintain it, snow plow, etc. If private, homeowners within the subdivision will be working on the waterline if repair or maintenance is required, to which the Town water personnel may object. Council member Bunker stated the Town officials could inspect any work performed and make sure it meets Town standards and does not create backflow issues. He also mentioned an HOA for the subdivision would outline how issues are to be dealt with.
Ryan Taylor asked to have the Council’s involvement on each subdivision in the future where there may exist a question on whether a road is private or public. Council member Blotter would like to have a document created on each so the decision is in writing. Mr. Taylor stated other subdivisions in the state have created a master meter and check valve in each locale and the subdivision establishes their own water system, takes water samples for submission to DDW, and the municipality is responsible for nothing else on the system. This is a more complicated process and Daniel probably does not want to go this way.
Council member Bunker requested further discussion on the issue, and the Mayor asked to have it listed as an agenda item in August.
Council member Bunker asked Mr. Taylor to inform the Council on the taking of monthly samples for bac-T and E.coli for the month. Since samples for both water systems came back showing coliform present, Mr. Taylor concluded they were contaminated by the sampler who had a cold at the time and so resampling was necessary. This involves samples from three locations, not just one. All samples on retesting came back clean.
9) RESOLUTION TO ENTER INTO THE COOPERATIVE AGREEMENT WITH THE UTAH DIVISION OF FORESTRY, FIRE AND STATE LANDS ON WILDLAND FIRE MITIGATION
Mayor Turner informed the Council that although questions still remain unanswered from State and County officials, it has been recommended to sign the agreement as written or Daniel will be responsible for costs associated with fighting a wildland fire. Mike Davis at Wasatch County was unable to answer the question whether Daniel Town or the County would be responsible for initiating litigation to recoup the costs of fighting the fire from the responsible party.
Merry Duggin asked for some explanation of the agreement as she is the chair of a newly formed Fire Advisory Board. The clerk is going to email her a copy of the agreement with the State Office of Forestry, Fire and State Lands, and Council member Bunker provided her with a copy of an MOU with Wasatch County on the same subject.
Council member Glodowski moved for the Council to adopt Daniel Resolution DR-2017-07-10A entering into the State agreement. Council member Bunker seconded the motion. In further discussion, Council member Bunker requested the Council approve adoption of the resolution with Wasatch County Fire District so it is in place before the State cooperative agreement is adopted.
10) RESOLUTION TO ADOPT AN INTERLOCAL AGREEMENT WITH WASATCH COUNTY REGARDING THE WILDLAND FIRE MITIGATION ON A LOCAL LEVEL
Council member Glodowski amended the previous motion to adopt Resolution DR-2017-07-10B entering into a Memorandum of Understanding with Wasatch County Fire District. Council member Bunker seconded the motion. The vote for adoption was unanimous. Mayor Turner read the resolution into the record.
Returning to agenda item 9 above, Council member Glodowski moved to adopt Daniel Resolution DR-2017-07-10A, which was seconded by Council member Bunker. Mayor Turner read the resolution.
Council member Bunker explained for the public’s benefit entering into the agreements allows Daniel Town to perform duties in kind rather than paying monies to the State to mitigate situations which could lead to wildland fire. Samantha Moll asked if the rate stays the same for each of the five years mentioned in the agreement. Mayor Turner replied we will find out as the period progresses.
The vote to adopt the resolution was as follows: “Aye” votes from Mayor Turner and Council members Glodowski and Blotter, a “nay” vote from Council member Bunker. The motion passed.
11) APPROVAL OF CERTIFIED TAX RATE FOR PROPERTY TAXES IN FISCAL YEAR 2017-18 BY RESOLUTION
Mayor Turner read Daniel Resolution DR-2017-07-10C into the record and explained there was no increase in property taxes within Daniel Town. The approved tax rate contained in the resolution is .000693.
Council member Bunker moved to approve the resolution, which was seconded by Council member Glodowski. The motion passed unanimously.
12) DISCUSSION OF RESOLUTION TO RESTRICT FIREWORKS AND OPEN FLAME WITHIN TOWN OF DANIEL BOUNDARY THROUGH SEPTEMBER 2017
Mayor Turner stated a fireworks restriction has existed within the Town boundaries for the past several years, and he has requested a resolution prohibiting the same in 2017.
Council member Bunker moved to adopt Daniel Resolution DR-2017-07-10D, which was seconded by Council member Glodowski. Mayor Turner read the resolution into the record.
Stefanie Grady asked why not restrict fireworks within the entire boundary of Daniel Town, stating hay barns and other combustibles are close to nearly all residences. Mayor Turner stated you cannot simply state the whole Town. Council member Bunker clarified areas must be designated where the restrictions apply. Mention was made that many cities within Salt Lake County have prohibited fireworks in areas within their boundaries.
Council member Bunker asked that the phrase “public land” be included in the last paragraph of the resolution, which change was made by the clerk. With that change, Council member Bunker’s motion stands, as does the second by Council member Glodowski. The vote to pass the resolution was unanimous “aye” votes.
13) DISCUSSION OF MOUNTAINLAND ASSOCIATION OF GOVERNMENTS’ PRE-DISASTER HAZARD MITIGATION PLAN
Council member Bunker moved to continue this discussion to a later time. Council member Blotter asked the reason for continuance. Council member Bunker stated the wording has changed since the original version was disseminated to municipalities initially, and he does not want to approve the plan until the language has been finalized.
Council member Glodowski seconded the motion and it passed unanimously. Mayor Turner asked this be an agenda item in August.
14) RECOMMENDATION FROM PLANNING COMMISSION ON HOME OCCUPATION CODE 8.25
Mayor Turner read the recommendation as follows: “Please be advised that the Daniel Planning Commission recommends the following: Commissioner Rawlings moved to adopt 8.25 ordinance as printed in this form and send it to the Daniel Town Council.” Mayor Turner stated he has not had time to review the code amendment as prepared by the Planning Commission and would like the Council members to become familiar with it for discussion at the next Council meeting. Council member Blotter stated since it is an agenda item, he would like to discuss it.
Council member Blotter asked Commissioner Skinner how they arrived at the amendment they produced. She stated she was not at that particular Planning meeting and could not answer the question. Mr. Blotter asked Director Bunker if the amendment document is what Planning recommends the Council adopt as Code 8.25. Mr. Bunker stated no, this is in addition to code already agreed to by the Council and will be Addendum A, or some other designation showing it is in addition to the other code and is titled Home Occupation Office and Business.
Council member Blotter stated the code loosely written is good in some ways, but is bad in that it would allow perceived unfair treatment in certain situations without stricter guidelines to follow. Director Blotter stated all applicants appear before the Planning Commission first rather than the Town Council. He stated all items were discussed at length and this is what the Commission decided upon.
Council member Bunker moved to continue the discussion, which was seconded by Council member Blotter. The motion passed unanimously.
15) PLANNING DEPARTMENT REPORT, VIOLATIONS AND ENFORCEMENT
Planning Director Bunker produced his monthly planning report for June. He explained the Bureau of Reclamation canal application streamlined process to get projects through more quickly.
Pam Skinner asked about damage done to Ranch Drive by contractors during the elementary school construction. Francis Harrison with the School District has been provided pictures and discussion for remedy is underway.
The McAllister zone change process is awaiting confirmation from UDOT to see if the McAllisters want to proceed with the zone change request.
Council member Bunker explained he has applied for a zone change to commercial at his residence on 3000 South, which does fall within the Enterprise Zone. He is not providing a concept plan at this point and one is not required at the time of application.
The herbicide spray applicator was not ordered by Council member Bunker. Even though the Council had approved purchase of the applicator in June, submission of a subsequent email sent to the Council created a question in Mr. Bunker’s mind. The Mayor would like Council member Bunker to purchase the sprayer to continue with weed control in the Town. Phil Mattingly stated residents should be responsible for weed control on their own property and rights-of-way frontage. Planner Bunker said there is an ordinance in place stating that. He also mentioned beekeepers in Utah must now be licensed, and it is suggested restricted use herbicides be used early in the morning and late at night when bees are not active, He also stated Wasatch County will no longer enter into agreements to spray at a resident’s request, but residents can still obtain herbicide from the County. Paperwork should be maintained by residents showing how many acres were sprayed, which information goes into application for grants the following year. Because of the growing problem with noxious weeds, building permits now include space for a weed plan for new construction so home builders are conscious of the problem and on the lookout for certain types of weeds.
16) CONTINUED DISCUSSION REGARDING RESTRUCTURING EMPLOYEE COMPENSATION
Council member Blotter stated he would like to reduce Planning Director Bunker’s workload by having others perform some of his duties. His time is consumed with weed spraying, Blue Stakes marking, attending numerous meetings with County and State agencies, in addition to performing Planner duties involving phone calls, emails, meetings, code enforcement. Mayor Turner has researched salaries paid nationally and finds Daniel is maybe a 10th of what other cities are paying personnel.
Council member Blotter suggested increasing salaries in steps, starting with a raise for Daniel’s mayor, clerk, and planner. Shelly Bunker asked if the Town could afford to pay employee benefits as well, which helps to entice new people looking for employment. Mark McAllister asked about providing health insurance. Jamie McAllister suggested giving what raises the Town has budgeted for and can afford in the next year, and make additional raises as we can.
Council member Glodowski moved to continue the discussion.
Ryan Taylor proposed raising the clerk’s salary to $20,000, as the current clerk is looking to leave at the end of the year, and eliminating payment to Council members for a time to have monies to put toward an increase to the planner’s salary as well.
Council member Blotter moved to spend the additional $30,000 put into the new fiscal year’s budget on salary increases, $10,000 for the mayor, $10,000 for the clerk, and $10,000 for the planner. Council member Glodowski said he doesn’t feel that is enough of a raise to attract a new clerk. The motion was seconded by Council member Bunker. The vote was as follows: “Aye” votes from Mayor Turner and Council members Glodowski and Blotter, a “nay” vote from Council member Bunker. The motion carried.
Council member Bunker moved to hold a Public Hearing regarding employee compensation at the Council meeting on August 7th, which was seconded by Council member Glodowski. The motion passed unanimously.
17) APPROVAL OF MINUTES OF JUNE 5, 2017
Council member Bunker requested a change to the language at the top of page 4 on discussion of item 4, from “non-chemical” to “non-commercial” pesticide license.
Council member Glodowski moved to approve the minutes with the stated correction to language. The motion was seconded by Council member Bunker and passed unanimously.
18) RECORDER’S OFFICE: WARRANT APPROVAL, ANNOUNCEMENTS, ETC.
June warrants were presented by the clerk. With the reduction of $50.00 payable to Council member Bateman as he was not in attendance at the meeting, the Town warrants total was approved. Next the clerk presented warrants for both water companies.
Council member Glodowski moved to approve payment of the warrants as presented, which was seconded by Council member Blotter. The motion passed unanimously.
Council member Glodowski moved to adjourn the meeting. The motion was seconded by Council member Bunker. The motion passed unanimously and Mayor Turner adjourned the meeting at 9:47 PM.