Town Council and Public Hearing minutes November 6, 2017

Daniel Town Council Meeting

Monday, November 6, 2017 at 6:00 PM

Wasatch County Services Complex, Room 126

55 South 500 East, Heber City, Utah 


First public hearing to accept public comment concerning application for a Community

Development Block Grant 2018 

Quoroum present:  Council members Bunker and Glodowski were present when Mayor Turner called the meeting to order at 6:05 PM.  Council member Blotter arrived at 6:06 PM.  Treasurer Price was excused.  Clerk Lynne Shindurling was present to record the minutes.

Members of the public in attendance were:  Shelly Bunker, Jaq Shindurling, Jeremy Ostmann, Jeff Heftel, Stefanie Grady, Adam Chandio, Kim Norris, Pam Skinner, Mark and Jamie McAllister, and Ryan Taylor and Kim Coburn of GDA Engineers.


There were no comments made.


Amy Tuddenham was unable to attend, but Adam Chandio, the new hospital administrator, gave a general overview of the hospital expansion.  He explained that phase one of the construction consists of replacement of the emergency room, which should be finished around May 1st; addition of an InstaCare for non-emergent needs on a walk-in basis, which could be finished as early as late March; and an in-house MRI.  Phase two will begin midyear 2018, which will expand the physician clinics accommodating new physicians coming onboard, a new café to update menus for both patients and visitors, and a new entrance off of 1200 South creating a loop with two entrances into the hospital.  This will become the main entrance into the facility.  The total cost for both phases is $35 million.  This expansion is projected to be completed by year-end 2019.

Council member Blotter asked looking at the footprint of the existing building how much bigger will the facility be.  Mr. Chandio stated these two phases won’t add a significant amount of square footage, but the biggest expansion is the ER, which will add maybe ¼ more square feet.  Mr. Chandio stated long term, 30-40 years out, Intermountain owns enough land to build a replacement hospital onsite if the need arises.

Council member Bunker asked about the new entrance off of 1200 South in relation to the UDOT Highway 40 corridor agreement with a future signal off of Highway 40 in the master plan.  Mr. Chandio stated they are constructing with that in mind.

Council member Blotter asked where the funds for construction come from.  Mr. Chandio stated Intermountain Healthcare does fund raising and bonds for their projects.  None of it is expected to come from the County residents.

Mayor Turner commented his first grandchild was recently born at the hospital and was very pleased with the experience.  Mr. Chandio appreciated the input and stated the goal of the hospital is to provide high quality healthcare.   He stated some of the specialists will continue to practice on a rotating basis, not at the hospital full time, with the exception of the emergency room where it will be staffed with full-time physicians and not relying on current practitioners having to pull shifts in the ER as well.  Council member Bunker said having more physicians available, reducing wait time to get an appointment, will certainly benefit our residents.

Mr. Chandio left written materials for review and the Council thanked him for giving the presentation.

Council member Blotter moved to come out of the regular session of the meeting and open the public hearing, which was seconded by Council member Glodowski.  The motion passed unanimously and the public hearing was opened.


Mayor Turner opened the public hearing for the CDBG program and stated that the purpose of the public hearing is to provide citizens with pertinent information about the Community Development Block Grant program and to allow for discussion of possible applications for the 2018 funding cycle. It was explained that the grant money must be spent on projects benefiting primarily low and moderate-income persons.  The Mountainland Association of Governments, in which Daniel Town is a member, is expecting to receive approximately $600,000 in this new program year.  All eligible activities that can be accomplished under this program are identified in the CDBG Application Policies and Procedures Manual and interested persons can review it at any time.  Mayor Turner read several of the eligible activities listed including examples, such as construction of public works and facilities, e.g., water and sewer lines, fire stations, acquisition of real property, provision of public services such as food banks or homeless shelters.  Mayor Turner indicated that in the past Daniel Town has received $318,000 in 2009 and $290,835 in 2010 and $50,000 in 2011 for expansion and improvement of the municipal culinary water system; and most recently $44,800 in 2015 used to upgrade water meters and the pump house facility at Storm Haven.  The city has handed out its capital investment plan as part of the regional “Consolidated Plan.”   This list shows which projects the city has identified as being needed in the community.  It was asked that anyone with questions, comments or suggestions during the hearing please identify themselves by name, before they speak.  The clerk will include your names in the minutes and we would like to specifically respond to your questions and suggestions during the hearing.

Pam Skinner asked if any of this money could be used to fix the Crazy Acres water and sewer problems.  Mayor Turner responded by saying this is a project for which the monies could be used.  Ryan Taylor added the purpose of this meeting is to identify projects where the money would benefit residents.  Jeff Heftel asked if there has been any talk of providing low income housing within Daniel Town.  Council member Bunker stated the State has recently required that if any low income housing is removed from a municipality, it has to be replaced elsewhere within the Town boundaries.   He added it has become a hot issue at the State legislature.  Mr. Heftel said he perceives a big problem in the county with wages received and affordable housing.

Engineer Ryan Taylor stated there are a number of projects in the Storm Haven area.  A new storage tank is badly needed, as well as the drilling of a new well which can produce the greater quantities of water required by residents there.  He feels this should be a priority for use of CDBG funds. Council member Bunker inquired about the specs being considered for a new well, which questions were answered by Mr. Taylor.   Mayor Turner inquired if a viable option would be to combine the Storm Haven water system with the Billy Bethers water system.  Mr. Taylor has looked at that possibility but does not suggest doing so at this time.  He would like to update last year’s figures on drilling a well at Storm Haven and using the funds to better that system.  A storage tank must be constructed as well, and additional funding can be applied for from other State agencies, like the SRF, to broaden the project.  He suggests construction of a larger storage tank on higher ground to get away from the floodplain.

Kim Norris asked if Storm Haven residents could receive water service from the existing storage tank of Daniel Municipal Water.  Mr. Taylor answered affirmatively.  Mr. Norris inquired about locating a new Storm Haven storage tank between the DMW tank and the Storm Haven well.  Mr. Taylor has run the numbers on different scenarios, but at this time feels the best use of CDBG funding would be to drill a new Storm Haven well, which would also alleviate some of the problems the State Division of Drinking Water sees with the system as a whole.  He has found a property owner willing to donate land for a new storage tank across Highway 40 when the time comes.

Stefanie Grady asked how much a new well would cost.  Mr. Taylor stated bids last year came in around $250,000 and he feels the cost is the same this year.  Council member Blotter inquired if the Town asked for a little less money, would our case be stronger and the likelihood of receiving funds increased.  Mr. Taylor said last year other funding was hard to come by, but we could perhaps apply for more money from other funding sources and obtain a bond.

Ryan also mentioned the Town could leave the existing well and tank for now and work on transmission lines, that there is no shortage of work to be done within the Storm Haven system.  His feeling still remains with drilling a new well, as DDW is pushing Daniel Town in that direction.

The clerk stated a new LMI site specific survey must be done as soon as possible if Storm Haven is the projected area for funding.  Council member Blotter asked if 70% of residents need to respond, and the answer is yes.   The map of the area will be submitted by GDA to MAG in order for them to formulate the survey document and addresses to be included.  Mr. Taylor asked if the Council wanted to include the Billy Bethers area, and the Council does not want it to be surveyed at this time.  There are an additional 14-16 homes on that system, which is run by Twin Creeks and lies between Daniel Municipal and Storm Haven.  Stefanie Grady asked what happens if we do not get a response from 70% of the residents.  Council member Bunker answered the Town would not be qualified to apply for the money, and that is why homes are visited and revisited in an attempt to achieve the 70% figure.

Kim Norris brought up the fact that some of the projects in the more recent facilities plan were listed clear back in 2008. He is of the opinion some costs are close where others have increased over time.  Most residents don’t realize the extent of costs involved in construction of new facilities.

With no other comments made in the hearing, Mayor Turner asked for a motion to close the public hearing.  Council member Blotter moved to close the public hearing and go back to regular session.  The motion was seconded by Council member Glodowski and passed unanimously.


Mayor Turner commented he spoke with the Town’s attorney regarding our ability to regulate home businesses within Daniel and keep the license fee in place.  He advised to keep operating in this regard as we have in the past until the State legislature comes forth with new rules.

Director Bunker invited Jeremy Ostmann to come forward as he has applied for a new home business license for a business performing heating and air conditioning service and retrofit, little if any new construction.  He mentioned he does not plan to store any items on his property and is the only employee.  He has his State S350 license for HVAC and liability insurance.  Mr. Bunker asked if he had reviewed the existing Home Occupation Code 8.25, to which he answered no.  Mr. Bunker further stated the Town is in the process of rewriting the code.  Mr. Norris suggested he can speak with neighbors and other business owners in Daniel about the meetings we’ve had and discussion involved.  Mr. Ostmann said if his business continues to increase and he finds it necessary to hire another employee, it may be time to relocate the business from his home.

Council member Glodowski moved to accept the application for a new business, which was seconded by Council member Bunker.

Further discussion ensued with Council member Blotter expressing concern that perhaps all of the information and necessary documents may not have been provided by        Mr. Ostmann under the current code.  The written code was not in front of the Council to review the language.  That being the case, Council member Blotter stated he was not comfortable approving the license at this time.  Mayor Turner stated no business will be grandfathered in, per se, and upon passage of the new code, each business will have to come into compliance with it.

Jeff Heftel suggested the Council ought to follow the same procedure it has been following with applicants until the new code is adopted.  When an existing business comes in for renewal, they must comply with the new code.

The vote on the pending motion was as follows:  “Aye” votes from Mayor Turner and Council members Bunker and Glodowski.  Council member Blotter voted “nay.”  The motion passed and Mr. Ostmann will be issued a license.

Next Director Bunker asked Stefanie Grady to address the Council as she is applying for a license of her business Grady Enterprises, which is a in the mining industry.  She works from her home and has one employee who comes there to do computer work.  She mentioned she owns a couple of foundaries in the U.S., does not store any materials at her home.

Council member Glodowski moved to accept her application for a new business license, which was seconded by Council member Bunker.  The motion passed with the following vote:  “Ayes” from Mayor Turner and Council members Glodowski and Bunker, a “nay” vote from Council member Blotter.

Director Bunker stated three businesses had applied for renewal, those being Full Scope, Lone Peak Sprinklers & Landscape, and My Berry Own Preschool.  As there have been no complaints registered against any of these businesses, renewals were approved by the Council.


Ryan Taylor presented a map of Daniel Town with photos of existing signs, some of which need repair or replacement.  A second map indicates where new signs should be placed, which includes 2 dead end signs, 4 speed limit signs, 1 stop and 4 stop ahead signs.  A letter addressed to the Town lists 11 new signs needed and 14 needing repair or replacement.  An earlier suggestion asked for a three-way stop at 3000 South and Big Hollow Road.  Mr. Taylor recommends against this as ASHTO guidelines spell out stop signs should not be used as a speed control mechanism.

Council member Glodowski asked about installing cameras to photograph speeders and mail out tickets.  Mr. Taylor stated he believes the State legislature is going to revisit this issue, particularly at intersections controlled by semaphores.

Council member Blotter asked if a cost for the recommended signs is available.  Mr. Taylor stated if the Council approves his recommendation, he will meet with the County to discuss specifics and come back to the Council with cost figures.  A decision will also be made for placement of speed limit signs at an appropriate distance from intersections.

He asked about wording on signs dealing with the new elementary school.   Mayor Turner suggested No School Access be placed on the signs.  These will be installed on Teancum Drive at Daniels Road and Ranch Drive at 3000 South.  These will be added to the list for pricing.

Council member Blotter moved to approve Mr. Taylor’s plan within a reasonable amount of money from the County for the signs.  Once Mr. Taylor receives a cost estimate, he will discuss it with Council member Bunker and Mayor Turner before ordering the signs.  The motion was seconded by Council member Glodowski and passed with the following vote:  “Ayes” from Mayor Turner and Council members Blotter and Glodowski, a “nay” vote from Council member Bunker.  The motion passed.


Mayor Turner read the resolution as written.  Council member Blotter moved to approve the resolution, which was seconded by Council member Glodowski.  The motion passed unanimously.

Council member Blotter mentioned he has contacted Heber Light & Power in regards to a street light at 3000 South where it intersects US-189.  He has not received a return call, but will keep trying to make contact.


Mayor Turner said he had conferred with the Town attorney in regards to customers on the water systems.  The attorney suggested adding language in the service agreement signed by customers to the effect this is the procedure for outstanding water bills.  Even without the language in the agreement, a lien can still be filed for nonpayment.  Kim Norris inquired who can file the lien with the County.  He stated forms are available on the Internet and wonders if a paralegal can do the filing as opposed to an attorney.  The lien is released upon payment.

The Mayor will ask more specific questions of Town counsel.  Council member Bunker stated filing of a lien should be used as a last resort when the April and/or October shutoff dates have not become effective in resolving payment issues.  He does not want to incur more fees for the Town in filing the lien document.

Council member Bunker moved to continue this item to next month’s agenda, which was seconded by Council member Blotter and passed unanimously.


Ryan Taylor stated when a new customer pays the impact fee for water service, they are still then responsible for installation of the water lateral and meter, if it requires excavation of the street to hook into the main line.  Kim Norris stated the installation can cost upwards of $5,000 after payment of the impact fee.  Mr. Taylor stated the numbers in the culinary water impact fee facility plan adopted in November 2014 are clear that the customer is responsible for the $10,767 impact fee plus costs plus one share of Daniel water.  He said most of the time the customer has a plumber on site doing other work and they have the hookup completed by their contractor at their cost.  On the recent hookup at the Baird resident, the Town hired a third- party contractor to get the work completed ASAP, but the customer will have to reimburse the Town for those costs.  A share of Daniel Irrigation water is yet to be provided.  Mr. Norris said when all services are added up, a cost of $19,000 may be reached, and this should be considered a bargain for obtaining water service.

Mr. Taylor said a list of acceptable plumbers and/or contractors could be assembled to give to new customers to aid in the water hookups, but basically anyone who is licensed and bonded could be on the list.

Council member Bunker suggested adding the lien language into the will-serve letter given to new customers at the permitting stage of building.  Mr. Taylor stated providing a will-serve letter at the same time a customer agrees to conditions in the fee schedule signed by the customer.  He added new forms can be created to simplify the process for consistency with new customers.


Discussion ensued regarding an outstanding amount owed the Town by Brad Fabrizio, who refuses to pay his water bill.  There is a meter on his property from a prior trailer, but the property currently has no structure on it.  The monthly amount continues to accrue, plus finance charges.  Council member Bunker stated the $5,000 paid by a customer at the time of hookup to the system paid for the right to use the water and is not a purchase by a customer of the meter.  Mayor Turner stated he will speak with Gary Walton about the matter.

Mayor Turner asked if the McMillan matter had been resolved across Highway 40.  Mr. Norris reported a meter had been removed which allowed for free water onto the property.  The Mayor asked if there is a noticeable difference in the water use since its removal.  Ryan Taylor stated it may not be until next spring when irrigation water is in use again that a comparison can be made.

Back on the Fabrizio lot, Council member Bunker stated since it has been vacant for over three years, it may no longer be a buildable lot.  He would like to see Ms. Goodfellow’s contract for provision of water before the Town acquired the system.  Mr. Norris stated he has seen no contracts in the materials provided by her in the acquisition.  Council member Bunker suggested if Mr. Walton does not want to sign a letter to the customer, Mayor Turner should do so to get the outstanding amount paid.  Mayor Turner said he will sign a certified letter.  The clerk will prepare it and get the Mayor’s signature, send the letter to Mr. Fabrizio.

Ryan Taylor explained that the Division of Drinking Water performed an audit of the Storm Haven water system and found several deficiencies.  Because of this, the EPA has asked that the Town of Daniel enter into a Corrective Action Plan and begin to remediate problems found during the audit.  With appropriate action taken Storm Haven should be able to get an operating permit by July of 2018.  Mr. Taylor recommends signing the plan.

Council member Glodowski asked what needs to be done at the system now.  Mr. Taylor explained excavation down five feet and filling with bentonite chips is the first step.  This will prevent water from entering into the annulus.  Other issues are not necessary immediately, and will occur as improvements continue on the system, such as drilling a new well and building a larger storage tank.

Council member Glodowski moved to accept Mr. Taylor’s recommendation to sign the Corrective Action Plan and place the bentonite, which was seconded by Council member Blotter.

Council member Bunker asked if getting a positive bac-T on sampling will be a violation or deficiency under the plan.  Mr. Taylor said a bad sample in itself is not a violation.  A violation occurs if no action is taken because of the test result.

The motion passed unanimously and the Corrective Action Plan will be signed by the Town Water Manager, Gary Walton.


Director Bunker produced his monthly planning report for October.  He mentioned he is working with Korey Walker at Epic Engineering to finalize the invoice amounts due them.  He also mentioned homes in the Three Farms Subdivision are nearing completion and the private road to them has not been completed to Town standards.

Mayor Turner inquired about placement of the water meter at the Steiner residence at 2987 South Mill Road where landscaping is taking place.  Director Bunker stated they have gone around the meter as instructed.

The Mayor commented there appears to be a lot of Blue Stakes work going on.  Director Bunker said there is, and a lot in the Storm Haven area, which is a concern because the Town does not have accurate data where all of the waterlines and sewer lines are located.

Mr. Bunker mentioned he has had several inquiries on code for tiny houses.  The Town does not have an area such as an overlay zone presently dedicated for tiny houses.   A concern is our code requires a home to be on a foundation, and many tiny homes are on trailers, which allows mobility of the unit, just as a travel trailer may only be hooked up on a lot in Daniel for 20 days at a time.

Pam Skinner stated the perceived business on Ranch Drive has removed their heavy equipment.  This was probably as a result of the HOA meeting informing the lot owner of HOA rules.

Mr. Bunker mentioned Charleston is holding a public hearing regarding vacation of a portion of 3000 South west of US-189, as the intersection is to be realigned north of the existing road.

Next Director Bunker spoke to the zone change application submitted by Teri Welch.  Additional documents were added to a packet provided by Ms. Welch, which he received from the County Recorder’s Office.  He provided a letter dated 10/5/17 from Ms. Welch asking that the fee of $2,100 for the zone change be reduced.  The application was not accepted by Planning as no fees were included with the application.

Mayor Turner asked Jeff Heftel, who appeared on his mother’s behalf, why such a fee reduction should be made.  He explained their thinking that because the land was rezoned to   P-160 without their knowledge or personal notification of same, they should not be responsible for fees for another zone change.

Director Bunker read a letter sent to Ms. Welch included in the packet.  Council member Glodowski asked for actual costs involved in making the zone change as requested.  Mr. Bunker stated $90 has already been expended by GDA Engineers and the application has not even been accepted.  He cannot approximate the actual cost for such an endeavor with many people involved in the process, as well as noticing requirements and public hearing.

With additional documents produced by Mr. Bunker, he suggested using this case as an example of why the Council should slow down until all available information is obtained before moving to accept application for rezoning of property.  He said county-wide changes were made in 1997 removing all grazing zones.  This was properly noticed in The Wasatch Wave and no personal individual notice was given.  He stated by State law a property owner has 30 days after a zone change to appeal the decision.  In 2000 the change to P-160 occurred, no longer showing footage.

Documents produced showed by 2001 a second Heftel lot of 4.93 acres was created.  In 2005 Mr. Heftel deeded the two parcels over to Teri Heftel Welch.

Mayor Turner asked Jeff Heftel what zone change the family is asking for.  He stated, to his knowledge, the 32 acres zoned P-160 still only permits one house.  The second parcel is 4.93 acres.  They would like both parcels be rezoned RA-5, allowing for a home to be built on the 32-acre piece.

The Mayor stated the issue before the Council is waiving or reducing the application   fee for the rezone.  His recommendation is since the Town of Daniel did not create the current P-160 zone, the Town should not waive the fee, but the Town can still move forward in the process with payment of the fee.  Director Bunker stated whether or not the second lot created is a buildable lot is not in question at this time and would only be considered at the time a building permit was applied for.

Council member Blotter stated his concern if it is waived, it sets precedence for future zone applications.  Inquiry was made if the Town had ever waived a fee.  Mr. Bunker said not since the Town was incorporated.  Council member Blotter added even though the fee seems high with so much acreage involved, he sides with the Mayor in requiring the fee to be paid.  Jeff Heftel said they have come to the Town for remediation since they at this point have no recourse with the County on the change that was made years ago.

Council member Blotter moved that the Council not waive the fee on the application.  As there was not a second of the motion, it died.  Mayor Turner then offered a second to the motion.

Council member Blotter restated a motion to deny the request to waive or change the fee due.  Mayor Turner seconded the motion.

In discussion Council member Glodowski offered a quote from the recently seated Supreme Court Justice Gorsuch, “I’m going to stand by what the law is.  Sometimes I don’t agree with the law, but that is the law.”

The motion passed with all “aye” votes.


Council member Bunker asked that a couple of changes be made to the draft minutes.   At the top of page 2 dealing with item #2, the second sentence was changed to read:  “Ryan Taylor stated if a legal lot was created, then that’s what it would mean.”

On item #5, second paragraph, Council member Bunker stated signs removed during construction on Cove Lane by DIC had been replaced, and a sentence was added to the minutes to that effect.

On page 4, the second paragraph, first sentence was changed to read:  “One of the property owners in the Three Farms Subdivision had installed a 1-1/4” setter for the ¾” meter rather than a one inch.”

With the corrections noted and made to the minutes, Council member Bunker moved to approve the minutes.  The motion was seconded by Council member Glodowski and passed with the following vote: “Aye” votes by Mayor Turner and Council members Bunker and Glodowski, an abstention by Council member Blotter.


Mayor Turner spoke of communication he had had with the Town’s attorney, who stated HB 253 had caused confusion in the area of short-term rentals.  The legal opinion went on to say the Town code can prohibit short-term rentals but cannot penalize residents if they advertise rentals on a website.  This is addressed in the 8.25 Amendment A document as item (o).  The Mayor would like to leave the language as it is written.

Mark McAllister asked why the Mayor does not want to allow short-term rentals.  Jeremy Ostmann stated Airbnb is huge in the Park City area, adding revenue to the city.  Mayor Turner has the opinion with the code language stating only one residence on five acres, he does not want to open the door for renters being allowed.  Mr. Ostmann asked about “snowbirds” going to warmer climates for the winter and renting their home out.  Council member Bunker stated that is not short term as defined in the code being considered.  The bed and breakfast code is found in Chapter 8.07 as a conditional use.  Mayor Turner stated the home-based business in the 8.25 code is much different.

Council member Bunker stated a major reason for not allowing a bed and breakfast in local homes is the lack of fire suppression systems, which would be required by the County Health Department.  Wasatch County has higher standards required than the State, which thus far has prohibited bed and breakfasts within Daniel Town.  Council member Blotter added the tax benefit to the Town from a transient room tax for rentals would be very small.

Mayor Turner asked for any additional comments on the 8.25 Amendment A before it goes back to Planning.  Council member Blotter asked about item 8.25.12(n) and expressed concern of the language “3 combinations,” which means a truck and trailer, being located on a property.

Item 8.25.12(l) was changed to read “with 3 visible from frontage” at the end.

The code numbering on the Amendment A continued the numbering on 8.25 and will include paragraphs 8.25.07 through 12.

Council member Glodowski moved to adopt the numbering on Amendment A of 8.25 Home Occupation Office and Business and send it on to the Planning Commission for final approval.  The motion was seconded by Council member Blotter and passed with the following vote:  “Aye” votes from Mayor Turner and Council members Blotter and Glodowski, and a “nay” vote from Council member Bunker.


The clerk presented to the Council the warrants received during October.  Council member Bunker asked about matters billed for by the attorneys.  The clerk explained the code matters and elementary school were itemized.

On the Daniel Municipal Water bills, the Kirk Neerings Construction invoice was discussed.  He was hired by the Town to complete the work quickly, but Ryan Taylor stated the resident should reimburse the Town for the amount of $2,937.75.

Council member Blotter moved to approve the warrants, which was seconded by Council member Glodowski.

Council member Bunker stated the GDA Invoice 171183-01 for the Matthews remodel permit for $75.00 should be removed as Mr. Matthews used the Town’s inspector and should pay them directly.  Because Treasurer Price was out of town at the time of the meeting, checks were prepared in advance and the $75.00 will have to be reimbursed by GDA to Daniel.

Council member Blotter’s motions stands, as does the second.  The motion passed unanimously.

The clerk then provided Council members with the 2018 meeting schedule for preliminary review.  Upon acceptance, an ordinance will be adopted in December with the proposed dates.


Council member Glodowski moved to adjourn the meeting.  The motion was seconded by Council member Blotter and passed unanimously.  The Mayor adjourned the meeting at 10:05 PM.

Lynne Shindurling



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