DANIEL TOWN COUNCIL MINUTES
MONDAY, NOVEMBER 7, 2016 AT 6:00 PM
WASATCH COUNTY SERVICES BUILDING, ROOM 126
55 SOUTH 500 EAST, HEBER CITY, UTAH
Quorum present: Council members Bunker and Glodowski were present when Mayor Turner called the meeting to order at 6:00 PM. Council member Blotter arrived at 6:01 PM. Council member Bateman was absent. Treasurer Sherri Price was also present, as was Clerk Lynne Shindurling to record the minutes.
Members of the public in attendance were: Shelly Bunker, John and Jennifer Webb, Pam Skinner, Mark and Jamie McAllister, Bridger Wilde, Cindy Wilde, Justin McAllister, Kim Norris, Tom Rawlings, and Ryan Taylor.
1) PUBLIC COMMENT CONCERNING ANY ISSUE NOT ON THE AGENDA
No comments were made.
2) DISCUSSION OF PROPERTY LOCATED AT 2950 SOUTH HIGHWAY 40
Mark McAllister informed the Council he is looking at purchasing a property on Highway 40 on which to relocate his current trucking operation and open a diesel repair shop. The current owner is Travis Nafziger, who has a continued use for his trucking operation as well as a truck maintenance shop. It is currently zoned RA5 and is located within the Enterprise zone. Council member Blotter mentioned applying for a commercial zone for the property. Council member Bunker stated a conditional use runs with the property, but the continued use as a trucking operation has to be agreed to by the Council. He also mentioned the repair garage has a restriction to operate only during daylight hours. The continued use may become more restrictive but cannot be enhanced over the current restrictions.
Mr. McAllister wants to hear the Council’s suggested new Home Occupation Code 8.25 before making a final decision on the property. If the sale goes through, he plans to remodel the current shop with some upgrades but would still plan to operate during reasonable hours. He would work on his own trucks in the shop after hours. Adding insulation would mitigate the noise from within the building. Tom Rawlings mentioned common sense by a business owner goes a long way.
Mayor Turner inquired of other automotive businesses operating within the RA5 zone in Daniel. Council member Bunker stated the others were grandfathered into Daniel upon incorporation as they were already in existence within Wasatch County. One previous business was under a different classification because of its size.
Mr. McAllister mentioned he would like the Council’s approval for the continued use and ability to run a maintenance shop. Council member Bunker stated the continued use has been in existence since 1909. UDOT purchased the road alignments in 1959 and under the corridor preservation agreement currently being negotiated, ingress and egress for properties off of Highway 40 will be designated. Mr. Bunker mentioned he will get a list of the current restrictions to Mr. McAllister if the Council is in favor of approving the continued use. Mr. McAllister understands the use is restricted to five trucks but would request additional parking for customer vehicles. Council member Blotter stated he would approve a continued use but encourages changing the zone to commercial.
Because Mr. McAllister is unclear on what the Enterprise zone entails, Council member Bunker offered an explanation. He stated the Enterprise zone was created on the state level allowing certain types of businesses which are creating jobs a tax break or credit within the state. Further explanation was given this applies more to a business employing a large number of people than a handful of people. Council member Blotter added the boundaries of Daniel’s Enterprise zone were set in an area where the Town officials felt commercial zoning would fit, even though it is currently RA5 zoning. Mayor Turner stated as Heber City has zoned the east side along this corridor of Highway 40 as commercial, he foresees the same thing happening on the west side within the Daniel boundaries in the future.
Kim Norris mentioned in his contact with neighbors such as Woolstenhume and Mair in the vicinity, they have expressed concern with the traffic and noise associated with the present trucking operation on the property. Because it is in the Enterprise zone, if rezoned to commercial the neighbors can’t complain as it is in the Daniel plan.
Mr. Rawlings stated he is in support of the continued use, prefers commercial zoning and use of common sense by the business owner in working with neighbors.
Council member Bunker stated if the Council is willing to honor the continued use, the current restrictions would still apply and would only be changed if Mr. McAllister asked for changes.
Pam Skinner asked if a barrier is in existence between the business and neighboring residents. Mayor Turner stated it is a dirt berm. Mr. McAllister stated the property consists of approximately 2.3 acres with the shop in the center. Being on Highway 40 there is a lot of traffic noise already and he doesn’t think trucks entering and leaving the property would have much more impact. Council member Bunker stated written complaints he has received under the current operations are noise from revving motors followed by the engine brake and dust clouds caused by the trucks driving on the property.
Mr. McAllister mentioned he does not plan to change the size of the structure, simply improve the aesthetics and efficiency of the building. Restrictions will be provided by Planning Director Bunker so a decision for purchase of the property can be made. Council member Blotter thanked the McAllisters for their efforts in relocating their business from 3000 South.
3) BUSINESS LICENSE APPLICANTS
Applicant Jennifer Webb approached the Council having applied for a license to run a daycare business on Ranch Drive called My Berry Own Preschool. She stated in checking with Heber City they told her she did not need a license and has been running the business for several weeks, until she was informed by her neighbor Pam Skinner she did need to acquire a business license from Daniel Town. She currently has six students per day Monday through Thursday from 9:00 AM to 11:30 AM. When Council member Blotter inquired about parking, she mentioned she has two spaces on the side of their house and two in the back, but many parents park on the street to drop off and pick up their children. The home is located on five acres and other parking arrangements could be made at the behest of the Council. Pam Skinner, who lives across the street, stated she would prefer pick-up and drop-off be conducted on the Webb property as opposed to on the street for safety and liability reasons.
Council member Glodowski asked about snow removal and was informed Mr. Webb will take care of that to facilitate parents coming to the home. Bridger Wilde, who owns a lot on Ranch Drive, stated he has no concerns with the business operating there.
Council member Blotter stated he is not sure the preschool fits within Home Occupation Code 8.25 in terms of percentage of the home being used or land use, perhaps non-family members being employed. The Webbs stated the room inside the home being used for daycare is 12×12 in a home of 4,000 square feet. She does not plan to have more than six children at a time. Mayor Turner mentioned if the new code puts the business in violation down the road, the business can be reviewed at a later time. Mr. Webb stated they have no signs, no out buildings used for the business, and the same entrance is used for the children. The appearance of the residence has not been changed in any way. Mrs. Webb is willing to have parents use her property for parking rather than street parking.
Council member Glodowski moved to approve the home occupation business license for My Berry Own Preschool, which was seconded by Council member Bunker. The motion passed with the following vote: Mayor Turner “aye”; Council member Bunker “aye”; Council member Glodowski “aye”; a “nay” vote from Council member Blotter. Councill member Bunker asked that a check for $60.00 be left with the clerk and their license will be mailed to them.
Two other licenses applying for renewal were Fabulously Freaky and Great Escapes. They are an online T-shirt sales business and a travel agency. Having received no complaints on either business, the Council approved both license renewals.
4) DISCUSSION OF BUSINESS LICENSE FOR BUSINESS LOCATED AT 980 WEST 3000 SOUTH IN DANIEL
To begin the discussion the clerk corrected the address to be that of 1780 West 3000 South. Mayor Turner stated when the renewal application was received a few months ago, he did not sign it as the code was in the process of being modified. He would like the Council to agree with his suggestion of having the owners of the business come before the Council to provide requested information. The current license is that of a mushroom farm. Shelly Bunker stated a mushroom operation should not require a license as it is agricultural. Mayor Turner explained he would like to know what else is taking place on the property as there are multiple trailers parked there.
At this point Planning Director Bunker produced a compliance complaint form letter which Mayor Turner would request be sent to the address to initiate the process. This is to address multiple businesses on site. Both Council member Blotter and Commissioner Pam Skinner stated the Council would like the business license holders to come in to answer questions for information purposes only, not that a violation has occurred. Mayor Turner explained the business license renewal procedure allows for this inquiry and he can then make a decision whether or not to sign a renewed license. Council member Bunker agreed to send the letter stating “multiple businesses on site” which offers the business license holder a hearing before the Council.
5) DISCUSSION OF FORMULATING ADDRESSES WITHIN DANIEL TOWN IN COOPERATION WITH WASATCH COUNTY
Council member Bunker stated Wasatch County’s GIS department has the responsibility to assign new addresses within Daniel Town when property is subdivided. They contacted Town officials stating this was not occurring in all cases. Town officials stated Daniel is willing to add a signature block to proposed plans allowing for the address to be filled in by the County officials. Council member Bunker stated the import of having correct addresses in an emergency situation for EMS personnel.
Ryan Taylor suggested looking at all the signature blocks on the plans, as there are some others which are required which may not be relevant, and update the list in its entirety. He will add to his own checklist a call to Ivan Spencer at the county to verify any new addresses.
6) UPDATE ON HIGHWAY 40 PRESERVATION CORRIDOR AGREEMENT
Mayor Turner mentioned he and Eric Bunker had attended another meeting on the Highway 40 agreement in the prior week and have a draft copy of the proposed agreement. He cited several instances of language to which he does not want Daniel Town to be bound. One of these is found in Part B(2)(D) stating “local jurisdictions SHALL have all permanent improvements above ground set back 30 feet from the existing ROW line…” He is concerned about the impacts to the Town of such a requirement. Daniel does have the option to not sign, as occurred with the Highway 189 corridor preservation agreement. All other entities signed it but Daniel Town did not. Council member Blotter asked about Exhibit B referred to in the agreement, a copy of which was not provided with the draft agreement. All Council members are interested in being able to review the exhibits.
It was suggested by Mayor Turner UDOT would like the 30-foot setback in the event the road would be widened in the future and no structures would have to be removed. The property owners could use the area for parking, for instance, but not be allowed to build any structures thereon.
Mark McAllister inquired where the right-of-way begins, whether it is the center of the road. Council member Bunker clarified it is the UDOT fences located along the highway. UDOT wants all utilities located underground and no infrastructure above ground which might later have to be moved.
Council member Blotter stated he does not feel the present agreement works for the Town of Daniel. Council member Bunker stated if Daniel gets nothing from this document, why would they sign. The agreement also contains proposed locations of traffic signals along the corridor.
Referring to 2(D) referenced above, Council member Bunker mentioned he suggested language “shall, where practicable and feasible, have all permanent structures above ground…” which would allow some wiggle room. He stated if the Town does sign and agree to the terms, language will be added to the Daniel Municipal Code so structures are not built within the setback area.
Tom Rawlings stated it appears to be unfair to property owners along the highway who cannot use their property with certain restrictions. He would like UDOT to buy the property from owners at the time the agreement is signed since they cannot build on that 30 feet.
Kim Norris suggested limiting the entrances and exits off the highway is done with public safety in mind. He likes the fact that planning for the future is taking place now. In considering purchase of land on Highway 40, Mr. McAllister does not feel a setback of 30’ would impact his business venture.
Council member Bunker cited 2(E) as also being problematic, which states: “to milepost 22 will have a shoulder ditch for drainage into existing drainage canals or ditches.” He questions what ditch or canal and what are they draining to. All ditches have been filled in. He also drew the Council’s attention to provision 9 on page 4 stating: “In the event there are proposed changes in the provisions covered by this Agreement, a modification to this Agreement approved in writing by ALL parties is required to place them into effect.” He would like it changed to a “majority” of the parties because “all” is too restrictive and may prohibit any changes.
Item 12 in the agreement begs the question of who is going to enforce the provisions in the agreement. No one at the meeting had an answer.
Mayor Turner stated he is not at this point comfortable signing the agreement as it stands and will take the suggested changes to the next meeting before the Council has to decide on signing. He will also ask that the referenced exhibits be attached to the agreement.
7) DANIEL MUNICIPAL WATER ISSUES AS NECESSARY, DETERMINATION OF BASE RATE FOR DANIEL ELEMENTARY SCHOOL WATER, POSSIBLE RESOLUTION
Mr. Norris reported a water leak had occurred at the Blaine Webb shop on the north side of 3000 South showing usage of 60,000 gallons of water. He pulled the meter and found a leak. He mentioned the owner was going to dig without calling Blue Stakes, but was advised to the contrary. When Blue Stakes marking was performed, they found the gas line within two feet of the water line.
Mr. Norris mentioned when residents receive a bill showing high usage, the water department is often contacted to check for leaks. He finds the new meters are able to detect a leaks. He also stated in the wintertime some individuals leave a trickle of water running for livestock which may show higher usage.
Mr. McAllister clarified the leak is on the property owner’s side and, thus, expense incurred for repair is on the owner. Mr. Norris affirmed this to be true. The owner is going to replace the old galvanized line which ties into the main waterline.
Delinquent accounts had also been addressed by the water personnel in the past month. Gary Walton had expressed concern about spending extra time and money in collection efforts. Most but not all accounts have become current.
At this point Ryan Taylor addressed the issue of base rate water charges to the new Daniel Elementary School. He mentioned the base rate in the existing schedule for a 3” meter is $315 per month, with the usage to be added upon completion of the school. A 4” meter was ultimately placed at the school per the final plans, although a 3” was forecast to that point. They were charged a larger impact fee than a residential hookup as a larger meter has the ability to take more water out of the system than a ¾” meter. The school district has reported other schools of a similar size use 50-60,000 gallons per month when in session and 8-9,000 gallons per month when not in session.
Mr. Taylor recommends using a $315 per month base rate for 84,000 gallons per month, which follows the same rate structure for overuse up to that amount. If they use more than 84,000 gallons, they will be billed for the overage. His reasoning is a larger meter has the ability to use more water and thus the base rate is higher. He wants to change the rate structure for all commercial water connections, which at this point consist of the school, the church on Daniels Road, and the County facility on 3000 South.
Mr. Norris informed the Council the church currently has a 2” meter and pays a base rate or $112 per month and uses 3,000-3,500 gallons per month. The County facility currently pays $90 per month but is in the process of improving their system. Mr. Taylor stated the new rate structure would increase the minimum usage at the church from 20,000 to approximately 40,000 due to being a commercial building. He explained it costs the Town more money to deliver a great deal of water at one time, Sunday mornings, even though they do not have a high use all month long. Council member Bunker stated the County has a signed contract with the Town for water rates and may not allow a change when the improvements have been made at their facility.
Mr. Taylor recommends adoption of a new large meter rate structure, which he and the clerk will prepare for adoption, if approved, in December. Council member Blotter questioned if it is fair to charge a commercial building at a different rate than a residence. It was explained because of the larger meter size, the Town has to be able to meet the demand of increased usage even for a short time. The Mayor agreed the school district will be billed according to the current base rate of $315 for October and then the new rate structure will apply. The new schedule will provide for meter sizes from 4” to 8”, keeping in mind the ability and requirement to provide on-demand use of large amounts of water.
Council member Bunker produced the water sample testing results showing presence of coliform on the initial test, thus requiring more tests which came back absent. It is unclear where the contamination occurred.
8) STORM HAVEN WATER MATTERS AS NEEDED
Water sample testing on the Storm Haven system was satisfactory. No issues were reported beyond continued efforts on bill collection.
9) DISCUSSION OF HOME OCCUPATION BUSINESS CODE 8.25 (LIMITED TO 20 MINUTES), INCLUDING DISCUSSION OF LICENSE APPLICATION
To begin with, Mayor Turner asked the Council what they need to finish up this discussion and write new code, if that is the route they want to take. Council member Blotter stated he would like a work meeting with the Planning Commission to finalize the language. The public hearings for input have been held. Letters and emails have been received also from the public. Mr. Norris suggests having the Town Council join the Planning Commission at their November 16th meeting. The Council agreed they will be present on the 16th. Of course, this will be an open and public meeting but not a public hearing. Mayor Turner asked Council members to draft language they have in mind to be discussed.
The clerk produced a copy of the current application for business license, which is a two-page document. The second page is headed “For office use only” and has not been filled out since she became clerk in 2014. Some of the information asked for does not seem to apply to a home occupation business license, yet that is its most common use. After discussion on many of the specifics, the suggestion was made by Council member Bunker that perhaps a new application for a home occupation business license should be formulated and the current application used for other types of businesses, such as a commercial endeavor.
Mayor Turner inquired how the County is aware of businesses operating within Daniel Town as they inform the clerk’s office at times of persons operating without a license. Mark McAllister suggested tax records may be used as business owners offer their home business address when filing tax returns. The County then uses the information for property tax notices on the business. Council member Bunker offered information the County taxes property on its use, not necessarily its zoning.
Mr. McAllister asked where the Council thinks his current operation will fall after they make their decision on new code in 8.25. Mayor Turner offered an opinion that he doesn’t see it changing a great deal, although the process isn’t completed. Council member Blotter opined a multi-truck operation does not seem to fit within the RA5 zoning, but he is not looking to shut down JM Trucking either. That being said, the process needs to continue. Council member Glodowski applauded the McAllisters for being proactive in looking at properties upon which to relocate the business. Mrs. McAllister stated since the new location is also zoned RA5, they would like some assurance they could conduct business there. The Council’s recommendation is to apply for commercial zoning, if they do relocate, to alleviate their concerns.
Tom Rawlings expressed his opinion that if people are making an honest living and trying not to impact their neighbors, he has no problem with them conducting business in RA5. He asked if a single lot could apply for rezoning, and the answer is yes. All zoning matters do require a public hearing and may or may not succeed.
10) PLANNING DEPARTMENT REPORT, VIOLATIONS AND ENFORCEMENT
Planning Director Bunker presented his planning report for October, which showed he put in 97 planning hours and 66.75 Blue Stakes hours. He mentioned the building permit had been issued for the Jed Seus home. The Council had no questions on the other matters listed.
11) RESOLUTION ADOPTING INTERLOCAL AGREEMENT WITH WASATCH COUNTY FOR SNOWPLOW SERVICES AND SIGNAGE FOR 2016-2017
Mayor Turner stated the rates for services remained the same as the previous year, as well as repair/replacement for Daniel Town road signs. He read into the record Daniel Resolution DR 2016-11-07.
Council member Blotter moved to adopt the resolution, which was seconded by Council member Glodowski. The motion passed unanimously.
Mr. McAllister asked if the services are let out for bid. Mayor Turner stated years ago the Town bought a used snowplow to do their own plowing, which endeavor failed. He stated the agreement with the County has worked well. Council member Bunker mentioned no one else has offered to do the work at the county rate or less.
12) APPROVAL OF COUNCIL AND PUBLIC HEARING MINUTES FOR OCTOBER 3, 2016, IF PREPARED
The clerk did not have the minutes prepared for review due to a wrist surgery, and Mayor Turner stated they will be approved at the December meeting.
13) RECORDER’S OFFICE: WARRANT APPROVAL, ANNOUNCEMENTS, FIRST CONSIDERATION OF MEETING SCHEDULES FOR 2017, OPEN AND PUBLIC MEETING TRAINING POSSIBLE
Mayor Turner asked the Council if they would like to do the training this evening. Council member Bunker suggested doing it on the 16th when the Council meets with the Planning Commission to fulfill the training requirements for both bodies. The item was added to the agenda for the Planning Commission on the 16th.
Clerk Lynne Shindurling reviewed the list of warrants with the Council. Council member Bunker asked how many shares Daniel holds in the DIC. We have 16 shares. She explained the legal office of Smith Hartvigsen had not billed the Town for three months, thus amounting to just over $2,000.
In review of the Daniel Municipal Water warrants, explanation was given on the purchase of a chlorine tank, a delivery charge was added, even though Kim Norris had made several attempts to pick it up in the Salt Lake Valley.
Council member Blotter moved to approve the warrants as presented, with a second from Council member Glodowski. The motion passed unanimously.
The clerk asked if the Council wanted to use text notification from Blue Stakes on an emergency basis at a cost of .93 cents instead of $2.50. Council member Bunker offered his cell phone number for such notification.
Next was announcement that an engagement letter had been received from Ben Probst with Gilbert & Stewart CPAs to perform the agreed-upon procedure for $3,000.
The clerk also asked if the Council would like to post on the Town website notice of an essay contest being conducted by the Utah League of Cities and Towns. They gave approval for such posting.
A schedule of next year’s Town Council and Planning Council meetings was presented, which dates have been cleared with personnel booking the meeting rooms. July’s meeting is scheduled for the 10th. The Council will review the dates and suggest changes, if any, at the next meeting.
Before adjournment, Council member Blotter asked if the Council would like to have a representative of the Airport Board review with the Town what is being planned on the airport upgrade/expansion. Mayor Turner offered to request Mike Duggin give a presentation at a future meeting.
Council meeting Glodowski moved to adjourn the meeting. The motion was seconded by Council member Blotter, and Mayor Turner adjourned the meeting at 9:10 PM.