Town Council Combined meeting February 19, 2020

Planning Commission/
Daniel Town Council (Combined) Meeting
Wednesday, February 19, 2020 @ 7 pm
Wasatch County Service Complex,
Conference Room B
55 S 500 E, Heber City, UT 84032

Town Council Quorum: Mayor Chip Turner, Council members: Stefanie Grady, John Glodowski and Merry Duggin. Clerk Mary Snyder and Secretary Keary Stevens present for minutes.

Planning Commission Quorum: Chairman Eric Bunker, Commissioners: Pam Skinner, Brent Waterman, Tom Rawlings, Kim Norris, Gary Weight. Mark McAllister was absent. Keary Stevens present for minutes.

Member of public: Shelly Bunker, Ryan Taylor, Lynne Shindurling, Ryan Taylor, Robert Armstrong, Russ Witt, Mike Johnston,

The meeting was called to order at 7:01PM, by Chairman Eric Bunker. Chairman Bunker stated that this is a combined meeting with Planning Commission and Town Council per the request of Daniel Irrigation Company to sign an agreement.

No comments were made

Chairman Bunker stated that the town is actively pursuing water shares to transfer those rights into the culinary system. Council member Duggin stated that there was an ad in the Wasatch Wave of someone selling 9 shares. Council member Grady stated that there are several on KSL as well selling for around $3500.00 to $5500.00 with approximately 20-30 shares available.

Shelly Bunker asked if this is for well shares or irrigation shares. Mayor Turner said this has come up for discussion and believes they are taking water shares as well as abandoned water shares. Chairman Bunker stated that they have had several wells that have become contaminated or non-functional and the individuals have hooked onto the water system and those individuals could still have a water right that could be transferred. At current be believes that we are at 289-acre feet and at build out will need to be at 600-acre feet for culinary water.

Commissioner Norris asked how fair market value is determined. Chairman Bunker stated that when individuals coming to council with a amount they are asking for and Council discusses what is reasonable to pay.

Chairman Bunker stated that there was an agreement that was drafted and provided to Daniel Irrigation Company and they asked to review and make some changes. At this time, he has not received the agreement back ant there are not any members present this evening. DIC called for a special meeting for this evening to get the agreement signed so they could move forward with their project. Ryan Taylor stated that they sent a revised agreement to him at 6:27PM and he forwarded it to Chairman Bunker at 6:29PM. He asked Council what they would like to do at this time.

Council member Glodowski made a motion to continue, Council member Grady seconded the motion. Chairman Bunker asked if there was any discussion on the motion. Council member Duggin asked if Council would be willing to call another meeting if needed. Council member Glodowski stated that the next meeting is two weeks away. Chairman Bunker stated that he feels that we have done our due diligence holding the meeting. Council member Grady stated that the agreement would need to be reviewed. Council member Duggin asked if there was an urgency if another meeting could be held so the project can move forward as they do have a deadline. Mayor Turner stated that the meeting was moved from March 2 to this evening. Chairman Bunker stated that there are 14 days until the next meeting and urgency we will try to accommodate if time warrants for allowing proper postings and securing the building. Council member Grady stated that the existing line will still be in operation during the construction until the line is transferred to the new line. Ryan Taylor stated that they will need to get the connections in for the new line and can run the old line until new line is in place. He stated that there is some flexibility, but the timeline is tight. He has not read the agreement but suggested that if we need to move faster than the two weeks that the agreement is circulated amongst the group for review, make an informal approval if no red flags and then make a formal approval at the next meeting. Council member Duggin stated that she would like to see as much good will established because as a Town we are asking for their assistance with the current water right issues. Multiple people stated that they would like to see the two entities be able to resolve issues and work together.

Chairman Bunker stated that he had a first and a second on the motion to continue and called for the vote. All members were in favor.

The current appoint of Mike Duggin as the Airport Advisory member has expired. He was appointed mid-term and the new term is from 2020 to 2024 and Heber City would like to get it back in sync. Mayor Turner stated that Mr. Duggin has done an excellent job over the years. Council member Glodowski stated that he would like to re-appoint Mr. Duggin if he was willing to accept the next term.

Council member Glodowski made a motion to re-appoint Mike Duggin, seconded by Council member Grady. Chairman Bunker asked if there was any discussion.

Council member Grady asked if Mr. Duggin was willing to accept this term. Mayor Turner stated that he had talked to him and he would stay in.

Chairman Bunker asked if there was any other discussion and called for the vote.
All members in favor.

Council member Glodowski made a motion to open the Public Hearing on Storm Haven Sewer, seconded by Council member Duggin at 7:24PM. All members in favor.

Chairman Bunker stated that because this was a continue public hearing, that it should be opened in case there was more input. Mayor Turner asked if anyone had heard if residents had their neighborhood meeting. Water Secretary Shelly Bunker stated that she thought they had their meeting. She received a phone call from an individual that was not present at the meeting and was told they were required to get their own septic system or pay thousands of dollars. Chairman Bunker stated that he had heard that notices went out about the neighborhood meeting.

Council member Duggin asked if Ryan was still preparing numbers for review. Ryan Taylor stated that he is still working this out. Chairman Bunker asked if there were any other comments and entertained a motion to close the public hearing.

Council member Duggin made a motion to close the Storm Haven Sewer and open the Public Hearing for the Town Gun Sanctuary; seconded by Council member Grady. All members in favor.

Shelly Bunker stated that she has had a lot of positive input and people are impressed with the idea and feel that it is needed. Mayor Turner stated that he was able to meet with the Wasatch County Sheriff who asked for time to review the resolution. Two days ago, the Sheriff called and stated that he was supportive of the resolution and gave the go ahead. Council member Duggin reported that she met with the Fire & MS services and they are also in favor. Mrs. Bunker asked if Wasatch County had also just recently passed an Ordinance. Chairman Bunker stated that they are going to and he had sent ours to Kendall Crittenden to utilize as a starting point.

Lynne Shindurling asked if the county adopts this, if all the towns within the county considered sanctuaries. Chairman Bunker stated that they are not. The county will adopt an ordinance whereas we will adopt a resolution. He stated that an ordinance carries a lot more weight, and the legislature has introduced a bill to make Utah aware that they are responsible for making the gun rules in Utah. As a result of Salt Lake City limiting or adding a criteria to a gun sale that might infringe on the second amendment, legislature is making it clear we can not do that. The Town of Daniel and every municipality in the state gets their authority from the state. The reason we have land use, is because of the state. Salt Lake County wanted to enhance at the gun shows the requirement of a transfer of a sale of a firearm, meanwhile the state took notice and legislature has stepped in and said its not their job. A bill will be drafted indicating that the Cities do not have the rights. Ours resolution is based off the second amendment and is more of a statement. It does block the Town from spending taxpayer monies if the town thinks its against the second amendment. Chairman Bunker asked if there were any other comments.

Council member Glodowski made a motion to close the public hearing, seconded by Council member Duggin. All member in favor.

Mike Johnston with Summit Engineering Group to represent Robert Armstrong the property owner and Russ Witt the development partner of the Huntsman Property on Mill Road. There was a zone change awarded in 2018 from RA-5 to commercial property. They have worked closely with neighbors including the Woolstenhulme’s and got rid of their diagonal access easement by deeding them a ¼ acre for a new driveway. There would be Lot 1 to the north, the private driveway and lot 2 to the south. The preliminary concepts consist of four buildings, approximately 4000 square feet 1-story builds to hold 1 to 2 tenants, adequate parking, and landscaping. The developer and property owner are looking to possibly subdivide into two lots.

Commissioner Norris asked about the entrance to Lot 1. Mr. Johnston stated that there is a 70.21’ frontage. He stated that Nate Orton and the Woolstenhulme’s have both expressed interest in the lot.

Commissioner Rawlings inquired about Woolstenhulmes giving up their current right-of-way in favor of having real estate of a new driveway. Mr. Johnston stated that was correct and will be strictly for Woolstenhulme’s. He stated that as of today they own the ground and will give up the easement once utilities are constructed sometime this summer then will be adequately terminated. Commissioner Rawlings asked about fencing. Mr. Johnston stated that there will be a fence and the Woolstehumle’s have asked for a chain-link fence or split-rail system, so their driveway is not a tunnel and allows for snow blowing and removal.

Mayor Turner stated that one of the things he has noticed is the 40’ access from the McAllister’s property to Highway 40. When this zone change was granted, there was a lot of discussion of this issue to make this viable, so that the access was not from Mill Road. Mr. Johnston stated that there was discussion from Planning on the issue, and when it was brought to Council it was briefly discussion, which he provided the minutes for. He stated that in the Staff Report that he obtained from TO-Engineers the primary access to the commercial development should ingress and egress off of Highway 40, as it was a condition of the zone change. Mr. Johnston stated that this was not true. He stated that Mr. Armstrong nor himself remembered it being approved this way. Mayor Turner asked which meeting and if there were multiple meetings in which is was discussed. Mr. Johnston stated that he pulled the minutes for the zone change. Mayor Turner stated that he believes that there were multiple times that this was discussed. Mr. Johnston stated that Mayor Turner was correct, however Mr. Armstrong does not own the property accessing to Highway 40 and only has an easement across McAllister’s property. As far as he is aware, McAllister’s have not worked out an agreement with UDOT and Armstrong’s are not intending to use it until it is defined. He stated that it all depends on McAllister working with UDOT, as Armstrong’s are not the property owner and are not able to negotiate access. Heber City is working with UDOT to realign the intersection with a signalized light at Mill Road and Highway 40 and anticipated to come this summer.

Mr. Johnston stated that this a is preliminary plan and some of the issues listed in the staff report are 20-foot landscape area are required in abutting residential properties (20’ setback), when parking lots required landscape area, and solid fence. They intend to put a fence around Mair’s property as well as Woolstenhulme’s. Mr. Johnston stated that he does not feel that there needs to be a fence along the agriculture or McAllister’s Industrial piece. Commissioner Skinner asked about the Larry Weinhing property, as it is a residential property on the south side. Mr. Johnston stated that he is not sure it if it is desired. Commissioner Norris asked about the set back on the Woolstenhulme’s property. Mr. Johnston stated that it is a private driveway in which they have worked with Woolstenhulme’s and they are satisfied with the outcome. Commissioner Skinner asked to go back to the Weinhing property and stated that it is a residential property by definition and would suggest the 20’ setback, as he has a house on Mill Road and horses in the back. Mr. Johnston stated that they could accommodate the suggestion and would like to make neighbors desire. They could provide a fence or if landscape is desired, could move the building an additional 10-feet to accommodate the 20-foot setbacks. Commissioner Weight asked how tall the building will be. Mr. Johnston stated approximately 20 feet. Commissioner Weight advised that setbacks are based on the height of the building.

Mr. Johnston asked to talk about the utilities. He stated that he knows this is a site plan but would like to talk about subdivisions. The staff report requests three things one of which is the sewer services through Twin Creeks. He stated that they do not intend to bring sewer into Daniel. He stated that it is quite away from the property and would be expensive to bore under the highway. He stated that Heber City has a sewer line on Mill Road but did not think that they would allow a hook up from Daniel. Mr. Johnston stated that this is a very low sewer density being commercial with one to two bathrooms per building. Tenants will not be living in, washing clothing, cooking or showering and are looking to do a private septic sewer system; a pack bed media or alternative system depending on the Health Department requirements. This would be in the storm water detention area in the parking lot, that would also be used to push snow for the winter. They would approach the Health Department for approval and report back the findings.

It was also discussed last year to bring water along Mill Road to extend the water line to provide a new connection to Woolstenhulme’s, connection to Lot 1, provide a connection into lot 2 with each building metered separately. They will provide will-serve letters from the gas company and power company to use Mill Road. He further stated that he feels he has hit on the items listed per the staff report and is looking to seek preliminary approval of site plan to be able to moved forward to get the subdivision plat approval, as well as engineered drawings. He also indicated they will not be putting in all buildings at the same time, building one will be the first with parking and landscape. Commissioner Skinner asked if they have spoken to the Mair residences about the placement of building one. He stated that he has not spoke with Jessie, but Mr. Armstrong worked extensively with him to get property lines adjusted providing him with a bigger yard and placement would be further away from his residences. Mr. Armstrong he was happy and good to work with through the process.

Chairman Bunker stated that the gentlemen are here tonight looking for approval of the preliminary concept and asked Ryan Taylor if he had anything that he would like to address. He stated that Mr. Johnston did a nice job presenting the project as well as issues in the staff report. One concern is the setbacks are not the same as what has been required in the past. The access is a discussion for several reasons, the main reason being fire access. He indicated that he attempted to contact the Wasatch County Fire Marshall in reference to having a secondary access into the property, as some of his other buildings within the county are requiring two accesses. He stated the Highway 40 access is something the Town would desire for a secondary access as it was discussed in multiple meetings and the public hearing.

Mr. Taylor stated that the sewer is another issue that has been discussed with Tracy Richardson at the Health Department. He stated that he also has some concerns and can’t decide without seeing the plan and would possible recommend connecting to sewer as well. Mr. Taylor stated these issues need to be worked out or revised. If it were to be approved, he would recommend that it be conditionally for the larger items. He stated that this is a two-part process as they would have to apply to subdivide as well as the approval to build the project. The subdivision would have to be approved first before the approval to build could occur. Commissioner Rawlings stated that with all the current issues with the Storm Haven septic system, his recommendation is to connect to a sewer system. Mayor stated that he agreed. Commissioner Rawlings stated that this must be a condition of approval.

Robert Armstrong stated that when you have a residential area of 5-acres, and sewer comes into the property and all the sudden there is a sewer line brought in this has a potential to increase a smaller zone. Russ Witt stated that he has an excavating shop and owns the two commercial buildings across Highway 40 from this property. He stated that these buildings are mainly warehouses without kitchens, no appliances such as dishwashers. These will have bathrooms that include a sink and toilet. He has no intent of selling the buildings, will retain ownership. He has had a couple people that have approached him for rental space. He stated that one has two employees and he anticipates that once built out they will not use more than 1,000 gallons of water per month. Commissioner Rawlings stated his concerns down the road as the unforeseen issues with Storm Havens system. Russ Witt made the comment that if new ownership arises, and they would want to put in a restaurant, could that not be a condition at that time to hook onto the sewer. He stated that when the conditional use is changed from a warehouse to a restaurant 30 years from now, someone would have to be in front of the council which would require building permits and could be a condition at that time. He stated that he works in the business and if it is required to bore under the highway it will cost over $100,000. If it’s a stipulation of this project, he may as well withdraw because there is not that kind of money in the project. He feels that septic system that is proposed would take less sewage water then any one resident. He stated that at his current shop and they use less than 1,000 gallons per month with 10 employees on site. The commercial properties across the street at 29,000 square feet and use around 1,000 gallons per month and there are six bathrooms per building.

Mike Johnston stated that per code on driveways, access will be accommodated not more than one driveway for the first 150’ frontage. For lots over 150’ two driveways are allowed as long as all aspects of the code are met. Shared driveways are encouraged. He stated that there is no where in the code that required two access points. He is aware that they will have to have the Fire Marshalls approval and if needed they can always make an emergency access out to Highway 40 by leaving the corner open. Per the Fire Marshalls requirement, they will accommodate his recommendation prior to coming back to the board. On the map where it shows the trash in the south-east corner, they would look at opening that corner for access across McAllister property with a gravel emergency access, as there is access now.

Commissioner Norris stated that one of the main concerns per the Public Hearing is the traffic that this could produce. Russ Witt stated that they have meet code per parking spaces and is not intended as a retail location. It is mainly more warehouse. For example, he has been approached by a heating contractor, where he would house machinery to work on items and have product on hand to take to sites. Commissioner Waterman asked what keeps this from becoming a retail location. Mike Johnston stated that this does not seem like a very strategic place for retail in his opinion. Russ Witt also stated that the buildings are not being designed for retail as well. This will not be a location for storing machinery for equipment contractors. Commissioner Rawlings asked if it would be similar to the buildings on Highway 40 and Russ Witt stated yes. Commissioner Rawlings also applauded Mr. Witt on his commercial buildings on Highway 40, stating they are one of the nicer buildings in the valley.
Chairman Bunker stated that there are a few items and asked how the Planning Commission and Council felt.

Commissioner Waterman made a motion to follow the recommendation of Ryan Taylor the Town Engineer.

Ryan Taylor asked for clarification if he was asking them to work through the issues with the Town and to come back next month. Commissioner Waterman stated that they could not do anything until the lots were subdivided. Mr. Taylor stated that they are not looking to move forward with the subdivision process if the concept is not going to work. If the Town indicates that the concept doesn’t work and doesn’t want warehouses and is a fatal flaw, then there is no need to move forward with subdividing. He believes they are looking for approval on concept to move forward in the process. Mayor Turner stated that everyone knows the discussions that took place about the Highway 40 access should be consider as part of the motion. Commissioner Norris also stated that he feels that the sewer is an important aspect. Commissioner Rawlings asked Ryan Taylor his feeling on the sewer. Mr. Taylor stated he would like to talk to the Health Department. He understands from the applicants that it is cost prohibited, as well as the Towns concerns and doesn’t have an answer tonight. Commissioner Rawlings stated that if he doesn’t have an answer, then feels a decision needs to be held off. Chairman Bunker stated that we are ahead of ourselves and have a motion. Commissioner Waterman withdrew his motion. Commissioner Rawlings asked if we could make a motion based on The Town Engineers recommendations that we could proceed forward. Chairman Bunker pointed out that those are the items that are listed on the staff report provided and asked Mr. Taylor if there are any other items not listed on the report. Mr. Bunker pointed out fire, sewer, splitting of the lots which are indicated on the report. Mr. Taylor replied yes, in one form or the other. He hasn’t heard any new issues come up this evening and feels that there has been more clarity then the letter.

Russ Witt asked how they would be able to connect to the sewer if it were brought under Highway 40 through the property. Chairman Bunker stated that it is in a Special Service District and is not sure what other options. Mr. Witt revised his comment asking if anyone has talked to Mr. McAllister about an easement through his property. He stated that the property is not continuous from where the sewer line would cross the highway. Chairman asked if they know what the current easement consists of. Mr. Witt stated that where the sewer would across, he doesn’t believe there would be enough fall for the flow. He stated that for his other buildings the sewer main is about 7’ deep. By the time the line is bored under the highway and across McAllister’s property, the line would only be about 5-6’ deep.

Mr. Armstrong stated that for anyone that installs the type of system, approves theses systems that it is a no brainer and doesn’t see it being an issue. He feels that this is a big difference between 1969 system and 2020 system. Mr. Johnston stated that this project requires a sewer connection whether a private or public system. He stated that they will talk to the Health Department to see if they will approve a private system and if not will look at public system options. But without it they can’t do anything. He stated that maybe that could be part of the motion. He understands that they have to bring back approvals from the Fire Department, Health Department, Dominion Gas and Heber Light and Power. Commissioner Weight asked if we are trying to approve a concept with a bunch of details that still have to be worked out, not saying that this project is approved, but rather identify and research the septic/sewer, the easements, setbacks and if we are willing to work through details. He stated he does not have an issue with septic but has concerns of things that could go down the drain unnoticed the affect the septic system. He is not ready to approve everything but feels that per the concept it looks great with details that need to be worked out if applicants are willing. Mr. Johnston stated that this is what they were looking for and will come back with more answers upon further review of specific departments involvement. Council member Duggin said its perfect.

Commissioner Waterman stated that when it was rezoned to commercial there were issues with secondary access and was not possible without a second property owner being involved. Mayor Turner stated that it was purposed that there were easements and now no easement. Commissioner Waterman stated that he was one that was against the commercial because we do not have access to highway 40. He stated that Mr. Armstrong indicated that it would stay the way it was only cleaner. Mr. Armstrong stated that he said he would clean it up, which he did. He further stated that there was a lot of discussion about the Highway 40, but how UDOT would never allow it. Commissioner Waterman also stated that there was a lot of comment from the public and not wanting semi-trucks on Mill Road or access from and to Highway 40. He also stated that there are going to be deliveries. Mr. Johnston stated that the fear from the public was semi-trucks, tanker trucks and they indicated that is not what would be access the property. Mr. Armstrong stated that maybe a delivery or two per day. Mayor Turner stated that it was based on premises with both parties. Mr. Witt stated that there is a big difference between a farm highway access and a commercial highway access and feels that Mr. McAllister doesn’t want to ask UDOT what access rights he falls under. Commissioner Weight stated that with the light going on at Mill Road intersection this could impact an access point at the McAllister property. Mayor Turner stated that when the zone changes occurred, this light was not in consideration. Commissioner Weight stated that this light could mitigate some issues getting onto Highway 40. Mr. Armstrong stated that there was conversation about Mill Road being a collector Road for the Town. Chairman Bunker rebutted back to his question about what his access agreement is with McAllister. Mr. Johnston stated that it is purely right-of-way easement. Commissioner Waterman stated that he would like to speak to the Woolstenhulme’s and verify they are good with the plan, because all along this was something she did not want to see happen.

Commissioner Norris stated that another issues that could arise is the number of buildings allowed in the property. Ryan Taylor stated this could be a factor especially with the setbacks, as there is one building that is questionable but feels they can work through those issues. Russ Witt asked if the Town has thought about entering an interlocal agreement with Heber City for sewer that is located on Mill Road. Commissioner Norris stated that he is not sure that we want sewer to the Town, but sewer to commercial. Commissioner Rawlings asked the applicants if they have talked to Heber City about service. Mr. Witt stated that Heber City does not like to service outside of the city limits.

Ryan Taylor stated that historically with warehouses the water use is very low due to the types of business. However, if something else comes in that uses a lot of water this could potentially become another issue example being a boat detailer. He stated that there are uses that they could not control unless there is a special deed restriction in place, such as a fabrication company that comes in and uses more water and could dump miscellaneous items into floor drains that become an issue. Mr. Witt stated that an easy solution is to eliminate floor drains.

Mr. Witt stated that the owner and developer have proposed a plan and is asking what could be different. He feels this concept is a good use of the property and feels that if not approved, would like guidance as to what could be approved in the future for Mr. Armstrong. Chairman Bunker stated that he doesn’t feel that the concept is not liked, but there are issues that are workable. He stated that even if Highway 40 is not an access, he would like to see that as an emergency access area and access to this easement that could be feasible. The sewer is a Health Department or Twin Creeks issues that could be worked out. He asked if anyone else see issues that are not workable. Commissioner Waterman stated that the concept is fine. Chairman Bunker asked if there were any other comments and entertained a motion.

Commissioner Norris made a motion to move forward on the concept with certain conditions to be meet. No second was made.

Chairman Bunker asked if there was anything else that was not included on the report that would need to be added besides the driveway access. Commissioner Skinner stated the deed restriction on the water. Mr. Johnston clarified restriction the sewer usage, to deed restriction the sewer to approved water usage. Mr. Taylor stated that coming back with a sewer solution, which may be a deed restriction on the water or connecting to Twin Creeks. The applicant will work with the Health Department for resolution. Chairman Bunker stated that the only other issue is the irrigation that was not discussed. The Town would require the irrigation to be turned over to the Town to hold the shares and allocate back to the property for irrigation. He entertained a motion again.

Commissioner Rawlings made a motion to approve if conditions are meet per the Town Engineers requirements are meet motion to approve, seconded by Commissioner Waterman. Chairman Bunker called for the vote and there was further discussion of the issue.

Commissioner Norris stated that there are several issues that need to be met and stated that those need to be listed with the motion. Chairman Bunker asked Commissioner Rawlings if he would amend his motion.

Commissioner Rawlings amended his motion to approve the preliminary concept provided that the conditions are meet per the Town Engineer staff report requirements, in addition to Highway 40 emergency access right-of-way, irrigation system, sewer/septic system resolved with Wasatch County Health Department, and deed water restriction are met; seconded by Commissioner Weight. All members in favor.

Commissioner Weight made a motion to continue to next month until review of site plan can be reviewed, seconded by Commissioner Rawlings. All members in favor.

Commissioner Skinner made a motion to approve the January 15, 2020 meeting minutes, seconded by Commissioner Weight. All members in favor.

Council member Grady made a motion to adjourn at 8:57PM, seconded by Council member Glodowski. All members in favor.

Mary Snyder

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