Daniel Town Council Meeting
Monday April 9, 2018 at 6:00 PM
Wasatch County Services Building, Room 126
55 South 500 East, Heber City, Utah
Quorum Present: Council members: Mayor Chip Turner, John Glodowski, Stefanie Grady, Eric Bunker, Jon Blotter (late, came in at 6:50PM, excused). The meeting was called to order at 6:05 PM.
Clerk Mary Snyder was preset to record the minutes. Treasurer Sherri Price was also present.
Members of the public in attendance were: Shelly Bunker, Kim Coburn, Mick Kohler, Todd Wall, Brent Waterman, Mark McAllister, Tricia Luck, Ryan Taylor and Tom Rawlings.
1) PUBLIC COMMENT CONCERNING ANY ISSUES NOT ON THE AGENDA:
No public comments were made, Council member Glodowski moved to close regular session, seconded by Council member Grady. Session was closed at 6:07PM
Council member Bunker moved to open Public Hearing for the Storm Haven Well Water Replacement and was seconded by Council member Glodowski. Session was opened at 6:07PM.
2) SECOND PUBLIC HEARING TO DISCUSS COMMUNITY DEVELOPMENT BLOCK GRANT 2018 FOR STORM HAVEN WELL REPLACEMENT PROJECT:
Mayor Turner opened the second public hearing for the CDBG program. Mayor Turner stated that this hearing was called to allow all citizens to provide input concerning the project that was awarded under the 2018 Community Development Block Grant Program. The Town of Daniel has amended its capital investment plan and decided to apply for funds on behalf of the Storm Haven Well Project. The Mayor explained that the application was successful in the regional rating and ranking process and the Storm Haven Well Project grant award of $277,000. The Mayor explained the project to those in attendance. The Mayor then asked for any comments, questions, and concerns from the audience. The first question came from Mr. Kohler who wanted to know if it was enough for the water tank. The Mayor indicated at this time, it was only going to cover the well, because it is a $3,000,000 project to complete the whole system. Council member Glodowski asked if a location had been determined. Miss Coburn stated yes, the well will be drilled on Town property. Council member Glodowski asked if the well would be covered and Miss Coburn stated that it would. Council member Bunker stated that it is in a flood plain and it is hard to grant for a holding tank. Miss Coburn indicated that there could also be issues with the sewer lines being to close. Mr. Kohler asked how many hook-ups on the system and Miss Coburn stated that there are currently around 150. The Mayor stated that copies of the capital investment plan are available if anyone would like a copy. There were no more comments and the hearing was adjourned at 6:12 PM.
3) BUSINESS LICENSE APPLICATIONS:
A new business license was presented for Kim Kohler dba Kim’s Krafts, she stated that she will be doing floral arrangements from her home. This is not a full-time business, just for special occasions. Renewal applications present were BMCI Electric, CCH20 and Kimball Roofing. Kimball Roofing was presented as ABC Steel dba Kimball Roofing and there was concern of a possible other business located at the Peterson complex on South Highway 40. This will be under review to verify further information and approve possible later in the week. Kim’s Kraft, BMCI Electric and CCH20 were approved for licensing.
Council member Grady motioned to approve the three licenses and was seconded by Council member Glodowski. All council members were in favor.
4) TOWN BRANDING:
There were several brand logos presented at the meeting. Up to day we have not had any logo for envelopes, letter heads, etc. Mr. Kohler stated that the City Council and County Council want to change all the signage for all entrances of the valley. It would brand the Heber Valley. They are wanting a consistent branding in the valley to make it easier for tourists. Mayor Turner stated that this particular branding is for more the letterheads, etc. for the Town. Mayor Turner stated that he would like to review this branding and asked for a motion to continue.
Council member Bunker motion to continue to May’s agenda and was seconded by Council member Grady. All members in favor.
5) DISCUSSION OF NEPOTISM ORDINANCE 2018-03-05B
Mayor Turner stated that he recalled that during an audit this particular item is an issue. He also stated that in any small town this could be an issue and have not had an issue as of yet. At this time, Mayor Turner stated that he would like to look further into seeing if we need to implement this or just be aware of it. He stated that he would like to contact Gilbert & Stewart to clarify. Council member Bunker stated that he feels that we do not need the code, because Utah State code spells it out and the Town falls under that code.
Council member Bunker motioned to table the ordinance, seconded by Council member Glodowski. All members in favor.
6) DISCUSSION/POSSIBLE APPROVAL OF ORDINANCE 8.25 AMENDMENT A
The Mayor stated that this has been on going for the last year and a half and the council has worked very hard but would not be afraid to stick to the original code. He does not want to keep going back and forth with Planning. Council member Grady stated that on the last page letter (n) and letter (k) were conflicting between January and March correspondences. Council member Bunker stated that council wanted to separate the number of combinations that were allowed.
Council member Bunker stated that he doesn’t feel that this amendment seems to be any better than what is currently in place. Mr. Rawlings stated that it is complaint driven and could lead to a lawsuit. Mr. Waterman stated that he doesn’t feel like we are going to get it perfect. Mr. Rawlings stated that it has been hammered and the Town ordinance is right there. Mayor Turner stated that the Council has tried to write it to be compatible with multiple home businesses. Council member Bunker stated that the first line of the home and business, paragraph 8.25.07, purpose and definition, says it all. “The purpose of this chapter is to provide an opportunity for homeowners to operate a small business within the operator’s home and property boundaries. Mr. Rawlings stated that he does not feel that we should be a gated community and be like other communities that do not allow a service vehicle to drive through the town. He feels that people are here to work, work hard and make an honest living and feels that we should encourage that.
Mayor Turner also stated that letter (o) in reference to short-term rentals, motels, bed and breakfast and reception centers are another issue. Mayor Turner stated that a complaint through an email came in about advertising a short-term rental, but Mayor Turner stated that there needs to be more proof. Council member Bunker clarified and stated that an advertisement is not proof, there needs to be evidence through documentation of the occurrences such as multiple vehicles in and out all day, out of state license plates, and rental vehicles, as well as signed documents and/or pictures. He also stated that short-term rentals, is defined in our Code as; nightly or anything less than 30 days. Council member Glodowski asked what the penalty was for violation. Council member Bunker stated that it is a Class B Misdemeanor, punishable up to $1500.00 and 30 days in jail. Council member Grady asked about contacting them and had proof by contract if that would be enough. Mayor Turner stated that would possibly be good evidence of the case.
Mayor Turner asked for a motion and Council member Glodowski motioned to table the item at this time. Council member Bunker seconded the motion. Council member Bunker, Glodowski, Grady and Mayor Turner were in favor, Council member Blotter opposed.
7) DECK RECOMMENDATIONS
This item was continued from last month and Mayor Turner stated that he would like to continue with discussion where it left off. Council member Bunker stated that there is some feeling from council members that this item should possibly, not be regulated. There are particular items in the code that are regulated, so regardless, if any deck exceeds regulated items such as height, and/or structural, roof or a wall, it would have to be regulated.
Council member Glodowski motioned to continue to May’s agenda, seconded by Council member Bunker. All members were in favor.
8) PLANNING DEPARTMENT REPORT, VIOLATIONS and ENFORCEMENT
Samantha Moll has asked for Certificate of Occupancy which was issued with the incorrect address. There was also an issue with names associated with permitting versus the Certificate of Occupancy. They have now asked for another certificate with an updated address and different date. The original certificate was issued on October 16, 2016 and are asking for a date of June 2017. The reasoning is for warranty of appliances, so by moving the date up allows them warranty to fix broken appliances. Council member asked when they moved in and took over occupancy. Ryan Taylor stated that was unsure of the date and stated that they issued the Certificate of Occupancy on October 20, 2016 allowing them to move in. Samantha indicated that there were some other issues that they had to resolve and fix before moving in and did not move in until a later date. Because the certificate was issued, no further inspections were prompted. Ryan also stated that the typos of the address and names do need corrected; however, he has no way to verify when they moved in. Council member Glodowski stated that he could verify that they never did move in until the last spring. Council member Bunker stated that now that we are out of the time frame for construction, this could be an issue because there was not an extension granted.
Council member Blotter motioned to change the address and name change typos, but the Certificate of Occupancy date stands. Council member Grady seconded the motion. Council members Blotter, Bunker, Grady and Mayor Turner in favor, Council member Glodowski abstained.
Council member Bunker stated that he would like to have some direction on fire flow on 1200 South and another up the road and what the Town’s policy has in place. There are applicants applying for drinking water and questioning the fire flow. The bigger the house, possible the bigger meter that will be needed. Ryan Taylor was asked to present an analysis.
9) WATER CONTRACT REVIEW FOR DANIEL MUNICIPAL WATER and STORM HAVEN
There were no water guys present to go over the contract.
Council member Glodowski motioned to continue, seconded by Council member Blotter.
Council member Bunker stated that there have been several copies used and the current one in discussion goes against everything that David Church states in the Utah League of Cities and Towns handbook. He states that he feels that there is no need to continue with this contract. The motion was withdrawn.
After further discussion, an additional motion to table the water contract was called by Council member Bunker and seconded by Blotter. All members in favor.
10) DANIEL MUNICIPAL WATER ISSUES AS NECESSARY
No water personal was present to discuss any current issues.
a) 1200 WEST WATER CONNECTION EXPANSION
There is approximately 950 feet that would need to be extended for water, and an engineering estimate cost of $87,000.00. It was corrected to be just under 1000 feet. The estimate includes mobilization, hydrants, etc. and is approximately $65.00 per foot.
This extension has potential to services approximately 6 lots with an 8-inch line. There is a possibility that it could cost less, but without contractor bids, we will not know for sure. A bid package for design would need to be established and has been budgeted for $2500.00, to determine a real cost.
11) STORM HAVEN WATER MATTERS
Kim Coburn asked for authority to sign for an extension to fix items in order to get an operating permit, as well as complete the well project. She was also able to get some items removed such as the booster pumps, stating that those were not the Town’s issue.
Council member Bunker made a motion for the Mayor to sign the extension and was seconded by Council member Glodowski. All members were in favor.
The Hines property, the repair of the line will begin next week and have completed the Blue Stakes.
12) DISCUSS/POSSIBLE APPROVAL OF TRANSITION GROUND PROPERTIES
The transition property is along the zone of edge of the Town but is a split zone between Industrial and RA5. Part of property is within the Daniel proper and part in the county. Another issue is that part of the property is within 5 miles from the Airport. The Town is looking to annex the entire parcel without an application and then the Town can look into the zoning issue.
Council member Grady motioned to move forward annex of the County properties and was seconded by Council member Blotter. All members were in favor.
13) APPROVAL OF COUNCIL MEETING MINUTES FOR MARCH 5, 2018
There were no corrections needed as this time and minutes were approved. This was motioned by Council member Bunker, seconded by Council member Blotter. All members were in favor.
14) RECORDERS OFFICE: WARRANTS APPROVAL, ANNOUNCEMENTS, ETC.
Council member Blotter motioned to approve the March 5, 2018, seconded by Council member Grady. Warrants were passed unanimously.
15) CLOSED SESSION:
No closed session was held.
Council member Blotter motioned to adjourn meeting at 9:23pm, seconded by Council member Glodowski. All members in favor.