JOINT MEETING OF DANIEL TOWN COUNCIL AND PLANNING COMMISSION MINUTES
MONDAY, MARCH 6, 2017 AT 6:00 PM
WASATCH COUNTY SERVICES BUILDING, ROOM 126
55 SOUTH 500 EAST, HEBER CITY, UTAH
Quorum present: Council members Bunker, Bateman, Glodowski, and Blotter were present when Mayor Turner called the meeting to order at 6:03 PM. Treasurer Sherri Price was present, and Clerk Lynne Shindurling to record the minutes.
Planning Commissioners present: Kim Norris, Pam Skinner, and Tom Rawlings.
Members of the public in attendance were: Kelly Christensen, Jaq Shindurling, Ryan Starks, John and Tricia Marr, Jerin and Sydney Marr, Adam Knight, Justin, Mark and Jamie McAllister, and Ryan Taylor of GDA Engineers.
Mayor Turner stated he would need to leave the meeting briefly to attend another meeting scheduled at the same time but would ask that Council member Bunker chair the meeting in his absence.
1) PUBLIC COMMENT CONCERNING ANY ISSUE NOT ON THE AGENDA
No comments were made by the public, but Council member Blotter stated he would like the Council to create a document listing duties of the Town Planner, Planning Commission, Council members and others. He presented two documents from the Heber City website entitled Heber City Planning Bylaws and Rules of Order and Procedure for the City Council and suggested similar documents be formulated to aid in the governance of Daniel Town.
2) RYAN STARKS OF WASATCH COUNTY DEVELOPMENT OFFICE PROPOSING RENEWAL OF ENTERPRISE ZONE APPLICATION, POSSIBLE RESOLUTION
Ryan Starks of the Heber Valley Office of Economic Development and Tourism said one of his responsibilities is to promote the valley and Wasatch County for visitors and businesses to settle and grow. He is here this evening to help Daniel Town in the application process for renewal of the Enterprise Zone, which must be renewed every five years with the Governor’s Office. This is a tax credit program established to incentivize businesses to locate within the Enterprise Zones if they qualify. He passed out a map of the current Enterprise Zone of Daniel and an explanation of the program. He noted retail and construction industries are excluded.
Council member Blotter asked if home-based businesses could qualify for the program, or if they must be located within the established Enterprise Zone to take advantage of the program benefits. Mr. Starks explained the home would have to be located within the zone.
Mayor Turner inquired why a renewal is necessary every five years. Mr. Starks stated the legislature can cause changes to the requirements and it reassures that the cities and towns are still committed in wanting businesses within their municipality to participate.
Mr. Starks stated that in his recent State of the State address, Governor Herbert announced an initiative to create new jobs in rural Utah over the next few years. The Enterprise Zone is a means by which that can be accomplished.
Mark McAllister asked if the service industry is an accepted category of business and was told no by Mr. Starks.
In answer to a question from Mayor Turner, Mr. Starks explained the boundaries of a municipal Enterprise Zone can be changed at any time. He stated he would be happy to attend another Council meeting to aid in the application process dealing with a boundary adjustment. He also stated he is unaware of any current businesses in Daniel utilizing the program.
Council member Bunker asked how Daniel’s zone ties into the master commercial and industrial map within the County. Mr. Starks said a GIS team has been commissioned to create a master map showing all commercial and Enterprise Zones and envisions an interlocal meeting being held in the future to discuss a prioritization process within the valley stating what is and is not wanted locally.
Council member Bateman stated as far as changing the current boundaries of the Enterprise Zone, he does not foresee any need in the next year as properties zoned RA-5 which may become commercial in the future are already located within the Enterprise Zone.
Mayor Turner read Resolution DR-2017-03-06A into the record. Council member Glodowski moved to adopt the resolution as written, which was seconded by Council member Bateman. Council member Bunker inquired of Mr. Starks if this falls under the authority of Title 17. Mr. Starks was not sure but stated it is governed by State statue. The vote to pass the resolution was unanimous. The clerk will provide a signed copy of the resolution to Mr. Starks for filing with the Governor’s Office.
At this point Mayor Turner left the meeting at 6:27 PM, leaving Council member Bunker in charge. Item #4 was taken out of order.
4) KELLY CHRISTENSEN OF THE COUNTY TRANSFER STATION REQUESTS WATER CONNECTIION AND A METER, OTHER DANIEL MUNICIPAL WATER ISSUES AS NEEDED
Kelly Christensen, the District Director of the solid waste facility stated the intention of the facility is to add a bathroom and a drive-up window for customers to pay their garbage bill on to the existing building and would like Daniel to provide water to the building with an additional meter at the County facilities. The Public Works building has requested replacement of their meter, as it is not working, and a fire hydrant. Mr. Christensen stated an additional waterline would need to be run to their building.
Kim Norris asked the Council if this additional service would be billed at the same rate of $90 per month as the existing meter for Public Works, and if there would be a hook-up fee. Council member Bunker stated there is no hook-up fee as the County paid to run the waterline to the County facility down 3000 South. Mr. Norris would like to look at rough plans of the project and establish the shortest route to the building. Council member Glodowski asked if the County equipment would be used to do the excavation. Mr. Christensen replied yes, and the two County offices would work out the cost details between themselves. Mr. Norris said he would like a drain installed at the end of the line so the two meters could be isolated. In order to do the requested work the meter box will have to be pumped dry.
Mr. Christensen stated drawings are in process and he will come back before the Council with the specifics in the future, but he just wanted to get the Council’s approval that Daniel water can be supplied to the facility.
On further Daniel Municipal Water issues, Mr. Norris is concerned that high winds cause tree branches to contact the power line to the pump house and create a power outage. Heber Light & Power replaced the fuse after the last storm and stated their tree trimming crew should come out and trim the trees in the spring. Tom Rawlings, who lives in the area, stated the HL&P crew was out last fall and said they would return to do some tree trimming, but did not do so. Mr. Rawlings thinks they are hesitant to tackle the project as a truck cannot get close enough to the trees to do the work and it would require hand sawing and removal of branches.
Council member Bunker suggested contacting Von Glasgow to cross his property, reimbursing him for lost crop if necessary, to accomplish the task after first crop in the spring. The Town’s franchise agreement with the power company covers keeping the trees trimmed away from the power lines.
Mr. Rawlings also stated the phone line to the pump house remains on the ground rather than being strung on the poles and should be corrected. Mr. Norris volunteered to follow up with HL&P…Council member Bunker suggested talking to Harold…to get a crew involved in the tree trimming. Council member Bunker stated funds spent on this process can be applied toward the wildfire mitigation program.
5) STORM HAVEN WATER ISSUES AS NEEDED
Mr. Norris would like the Town to send a letter to a water customer who has an unmetered hydrant on his property and uses a great deal of water at no cost. Water personnel have installed a meter on the hydrant which has been removed by the customer. Gary Walton went to the property on one occasion with the sheriff and struck a deal with the homeowner, which he did not honor. He would like a letter signed by the Mayor sent certified mail return receipt requested stating the unmetered hydrant will be removed in April or May and that the water personnel need access onto his property to service and repair the water company’s components.
Tom Rawlings stated he has experience with theft of services of utilities, and when there is destruction of property it becomes a criminal act. Mr. Norris stated there is State law allowing water personnel to go onto properties to service their waterlines and meters. He said the Town owns the hydrant, the meters, and needs access.
Council member Blotter asked that the customer be given an alternative action rather than just “we are removing the hydrant.” Mr. Norris stated he could move the hydrant to the other side of the meter so all the water is metered. It was agreed such a paragraph would be put in the letter. Mr. Norris will work with the clerk to author the letter and have it signed by the Mayor and sent to the customer. Council member Bunker asked that when the work is done, a stainless steel cap be installed to curb corrosion problems.
Kim Norris inquired of Council member Bunker how many irrigation water shares are required for conversion to culinary use. Mr. Bunker stated 4.3 shares per acre of land are required from the DIC. The Town retains one share to be held for future development. The State engineer had in the past taken shares from Duchesne, but the State has now intervened and said cities and towns can safely hold water shares for future development.
Mr. Norris also asked if property owners who purchased a water hookup at the lower price several years ago had turned in their water shares in doing so. Council member Bunker stated some were turned in but later returned to the property owner as confusion in the process arose.
Mayor Turner returned to the meeting at 7:04 PM. Discussion returned to item #3.
3) PRESENTATION BY THE MARR FAMILY OF LILYFIELDS FARM LEARNING & DISCOVERY CENTER PROPOSAL FOR PROPERTY AT 2177 SOUTH DANIELS ROAD
Tricia Marr presented to the Council a booklet regarding Lilyfields Farm. The property they are considering is 7.95 acres and zoned RA-5. Included is a layout of a proposed plot plan, which includes the current residence, one additional home, a garden center, a barn for animals, and a sports field. This would be a family-run business but could require employment of 4-5 additional employees depending on the success of the facility. They inquired about rezoning the property to allow for an additional home and a small school building. Mrs. Marr stated the funding is in place for the project and they’re looking for the right piece of property.
The Mayor stated this is an interesting proposal, but rezoning the property would involve substantial discussion. Commissioner Rawlings asked rezone from RA-5 to what? Are you considering commercial zoning or higher density residential? Mrs. Marr said the garden center may need to be in a commercial zone as there would be business conducted thereon. The rest of the land would provide approximately two acres per home.
Council member Blotter asked if the previous owner had wanted to annex into Heber City. Council member Bunker answered in the affirmative, but stated they never applied for disconnection from Daniel nor a zone change on the property to allow for more condensed housing. Council member Blotter stated they could probably meet the requirements in the present zone if they did not add another home.
Council member Bunker asked what activities would occur within the learning center. Mrs. Marr said they would have seasonal activities, including working with goats and chickens, making cheeses. They plan to have open-to-the-public hours where people interact with the animals and pay for specific classes offered. Mr. Bunker asked if a business model is available for the facility. Mrs. Marr stated this would be more specific to the property on which the learning center is located and hasn’t been prepared as of yet. She said the number of classes offered would also depend on the size of the property on which they locate.
Council member Bunker stated although a zone change has been discussed, Daniel Town does not currently have an RA-2, and RA-1 only in a few areas which existed at the time of incorporation of Daniel. Mr. Bunker mentioned in the RA-1 zone you must be connected to a sewer system which could be a problem on the property on Daniels Road. Communal septic systems are no longer allowed in the County for new construction.
Kim Norris asked if this business wouldn’t be better suited for a commercial property. Mrs. Marr stated they want a more quiet farm feel for the discovery center. She is not planning on licensing the facility as an accredited school. There will not be a standardized curriculum. Where they are inviting the public for events, the Marrs realize parking will have to be addressed. Ryan Taylor stated there is approximately 100 feet of frontage on the property.
Mrs. Marr asked the Council if just the existing home on the property with the learning center details as laid out would be a more acceptable concept in the current zoning. Council member Bateman stated with the agricultural nature of the learning center, it would seem to meet the RA-5 zoning requirements.
Kim Norris stated as a home-based business, the current code does not permit the public coming requiring parking and employees. Pam Skinner stated she does not see that there is currently a category of business in existence in which this type of business or learning center would fall. The agricultural side certainly fits within the RA-5 zone.
Mrs. Marr asked if they could invite people onto the property to participate in activities. The Council does not like the idea of charging the public, but on a donation basis the concept may be more feasible. Council member Blotter asked if the Marrs are concerned about complaints of noise of the animals or odors created in the farming environment surrounded by high density housing. She was made aware people will most likely complain about such things and they need to be able to field their comments.
Mrs. Marr asked for contact information for the Planning Commission and will look into submitting an application to them in the future.
6) DISCUSSION OF COOPERATIVE AGREEMENT BETWEEN THE UTAH DIVISION OF FORESTRY, FIRE & STATE LANDS AND DANIEL (WILDLAND FIRE MITIGATION)
Members of the Council were given a copy of the agreement as given to Mayor Turner recently. The Mayor stated there is a lot of information in the document and the Council may need more time to digest it and get all questions answered. Many questions arose as the Council members reviewed the opt-out provisions in the agreement. Council member Bunker also cited language requiring municipalities conduct an initial attack. Mr. Rawlings stated his opinion is this means red card certified individuals only can conduct an initial attack in a fire. Council member Bateman stated by our contract with Wasatch County to perform fire suppression efforts the Town is covered. Mayor Turner wants to obtain more clarification on this process.
As time goes on with consideration of the agreement, Council member Bunker suggested sending the document to the Town attorney before signing it. Council member Bunker moved the Council send the wildland fire application to the Town attorney for his legal opinion. The motion was seconded by Council member Bateman and passed unanimously.
7) ADOPT RESOLUTION ON BOUNDARY LINE ADJUSTMENT WITH CHARLESTON TOWN DUE TO PENDING GOLUB ANNEXATION INTO CHARLESTON
The clerk explained the Charleston Town Board passed a resolution similar to the language in DR-2017-03-06C on March 4, 2017. The public hearing regarding boundary line adjustment can take place no less than 60 days later. Charleston will have their public hearing on May 4, 2017. In the mean time legal notice will be published in The Wasatch Wave for three weeks during which time the municipalities will accept public comment regarding the boundary line adjustment. After the appropriate time has passed, Charleston will pass an ordinance and file the required documents with the Lt. Governor’s Office. Daniel Town will have no further involvement beyond the public hearing held in May. Charleston Town will pay for Daniel’s notices in the paper.
Mayor Turner read Resolution DR-2017-03-06C into the record. Council member Glodowski moved to adopt the resolution as written, which was seconded by Council member Bateman. Council member Bunker stated the reason for the resolution is to move the boundary to the centerline of Highway 189. The motion passed unanimously.
8) BUSINESS LICENSE APPLICANTS
Planning Director Bunker stated Mike Petersen has posted a bond at Daniel Plaza. WICWEP recommended 2 shares of water be given to the Town, Daniel Code called for 8 shares. After negotiation Mr. Petersen is to turn over 4 shares to Daniel Town to receive his Certificate of Occupancy if the Council agrees. The 8 shares Daniel requested were based on the historical irrigation of the property. Ryan Taylor explained the exchange of shares becomes a taking and since there is a roof area involved, the total acreage is no longer counted as being irrigated. The courts now look at the acreage still being irrigated in figuring the shares to be relinquished.
Council member Bunker moved that the Council accept the 4 shares as reasonable shares to complete Mr. Petersen’s Certificate of Occupancy. The motion was seconded by Council member Glodowski. Council member Bunker stated he would like the shares moved to Storm Haven Water Company rather than Daniel Town so in the taking, the shares can be moved to the Storm Haven well to service the area. The motion passed unanimously.
Mayor Turner stated he would like the Council’s input on businesses up for renewal who may not be in compliance with current code as the Town is looking to revise the home-based business license. Council member Bateman stated he would like to renew at this time, as did Council member Bunker, until review of particular businesses can occur case by case after new code is written.
Planning Director Bunker first mentioned the three new businesses at Daniel Plaza operated by Kimball Strickland: Area Rug Cleaning Experts, Kimball Roofing, and Classic Cars Auto Sales. These are commercial businesses. Heber Valley Properties under Mike Petersen will be given his license as the CO is issued. Other businesses up for renewal are: Tee J’s Custom Mutt Cuts, Mountain Valley Construction, Smitty’s Small Engine Repair, Classic Beauty Supply, Action Performance Electric, JM Trucking, CCH20, Larson Ground Maintenance, and Adam Knight Plumbing. (Two other businesses were renewed this month as well, those being BMCI Electric and Computer Nerds.)
Kim Norris asked how many animals Tee J’s Mutt Cuts had requested be allowed for boarding at their facility on the second review. Council member Glodowski stated they had asked for 50 and 35 was agreed to by the Council. Mr. Norris asked the procedure if someone suspects more animals are on premises. Council member Bunker stated a written complaint should be forthcoming and then an investigation will take place to see if a violation has occurred.
Council member Bunker referred back to the business Classic Cars Auto Sales and the parking issue. He asked if the Council would like an agreement drafted between Daniel Town and Kimball Strickland regarding the parking restrictions or if the motion made at the last meeting will suffice. He stated the agreement was 20 cars on the lot at any one time is the limit. (This was subsequently clarified as being 20 cars on the outside lot.) Mr. Strickland has written the 20 cars on his paperwork submitted to the Planning Commission. Council member Bunker requested that Mr. Strickland sign a document stating he will not keep more than 20 vehicles for sale on the lot.
Council member Glodowski moved the license is valid after Mr. Strickland signs a document confirming a restriction to 20 vehicles on the lot at any one time. The motion was seconded by Council member Bunker and passed unanimously.
9) DISCUSSION OF STREET LIGHT/REFLECTIVE SIGN NEEDED AT 3000 SOUTH AND HIGHWAY 189
Council member Blotter stated he has called Heber Light & Power, who is investigating the situation. He will report back to the Council when Harold gives his reply. This item can appear on the April agenda.
10) RATE STRUCTURES FOR ENGINEERING FIRMS IN COMPARISON TO GDA ENGINEERS COMPILED BY COUNCIL MEMBER BLOTTER
A number of rate schedules from different engineering firms had been forwarded by Council member Blotter for review by the Council. Mr. Blotter mentioned he had contacted many more firms but was told he needed to come in and talk with them to get any information on rates. The Council members reviewed the documents and amounts listed for a comparison with the rates charged by GDA Engineers and Ryan Taylor. It was noted the position of Planner was not listed with GDA.
Council member Bunker mentioned Epic Engineering is handling the home being built by Dan Brown on 3000 South, and any new projects will go to Mr. Taylor first, who will make a decision if anything needs to go back to Epic. It was noted Heber Light & Power called in a Blue Stake to replace power poles along 3000 South but have not submitted an excavation permit application to the Town.
11) RESOLUTION TO ADOPT POLICY DEALING WITH EMPLOYEE BENEFITS ADMINISTERED BY THE UTAH RETIREMENT SYSTEM
The clerk stated Daniel Town went through a compliance audit by the URS and was found negligent in that there is no policy in place dealing with the handling of Tier 2 employees within the system. A resolution had been prepared and was read by Mayor Turner into the record. Council member Blotter stated if the Town adopts a policy stating their intent to participate in the program and possibly requiring funds be put into employee retirement accounts, perhaps a public hearing would be in order to notify residents of the spending of Town funds for this purpose, like a budget item. Council member Bunker had a question on language dealing with all employees currently being part-time. He also stated in order to qualify to receive the benefit, another benefit like vacation or paid holiday would have to be added to the time worked. He would like the resolution revised before adoption.
As a side note, Planning Director Bunker mentioned that Kathy-Jo Percy has resigned as the planning secretary. She will still function as the water secretary.
Council member Bunker moved to continue this item, which was seconded by Council member Bateman. The motion passed unanimously.
12) PLANNING DEPARTMENT REPORT, RECOMMENDATIONS, VIOLATIONS AND ENFORCEMENT
Planning Director Bunker produced his monthly planning report showing hours worked and the specific issues he addressed. He stated he received a complaint, investigated it, and indeed found a violation has occurred.
On the Smith lot line adjustment Mr. Bunker stated they have not completed moving the water meter and there is a for sale sign on the lot. This is a violation of Town code.
A violation letter is ready to be sent to Green & Greener in violation of operating a business at 3384 South Mill Road without a license. Planner Bunker asks the Council’s permission to move forward. There is a landscape business being conducted from an agricultural building on the property. The Mayor and Council members instructed the violation letter to be sent.
Comment was also made about another item on the planning report, that being Teri Welch, whose property is located in the P-160 zone, asked about dividing her property into 1/3 acre lots.
13) APPROVAL OF MINUTES OF FEBRUARY 6, 2017
Council member Glodowski moved to approve the minutes as written. As there was no second, Council member Bunker moved to continue the approval, which was seconded by Council member Glodowski. The vote on the motion was as follows: “Aye” votes from Mayor Turner, Council members Bunker, Glodowski, and Blotter, with an abstention from Council member Bateman. This item will be on the April agenda.
14) RECORDER’S OFFICE: WARRANT APPROVAL, ANNOUNCEMENTS, ETC.
The clerk presented the monthly warrants to the Council. She explained the amount to URS of just over $2,000 was back payments to Mr. Bunker’s Blue Stakes wages since enrolling in the retirement system. The initial understanding was only his planning salary was to be included in URS, but the Town was informed it has to be all of his wages. So on a monthly basis moving forward his retirement account will be credited for all wages earned.
Also, Mr. Bunker’s attendance at the Rural Water conference had associated expenses which have been allocated to both the Daniel Water fund and the general fund to stay within the training budget of both. Council member Blotter asked if topics covered in the conference were worthwhile. Council member Bunker gave a brief overview of some of the classes and overall said it was very beneficial. Some of the current legislative bills under consideration in the 2017 session of the legislature were discussed as well.
Ms. Shindurling continued presenting warrants for the month for both of the water companies and explained water sample testing is now being handled by GDA Engineers and the samples sent to Chemtech-Ford Laboratories for analysis. She explained overdue test samples were taken resulting in a larger figure for the next two months, but then the sampling should become routine once again.
Council member Bateman moved to accept the warrants as presented, which was seconded by Council member Glodowski. The motion passed unanimously.
15) CONTINUED JOINT WORK MEETING WITH PLANNING COMMISSION DISCUSSING HOME OCCUPATION CODE 8.25
Before discussion of the code revision began, Council member Glodowski moved to adjourn the meeting at 10 PM. The motion was seconded by Council member Bunker and passed unanimously.
Council member Blotter came to the meeting with a projector and documents citing various “purposes” which had been written by Planning Commissioners and Council members previously. Discussion took place amongst the Boards, and the following is the language agreed upon by those present:
“Purpose: To provide opportunity for the primary resident to operate a limited small business within the residence and property boundaries. The business will preserve the residential, rural, and farming environment.”
The meeting was adjourned at 10 PM as indicated by the motion above.