Quorum Present: Council members: Mayor Chip Turner, Eric Bunker, Jon Blotter and John Glodowski. Council member Grady excused. The meeting was called to order at 6:00 PM. Clerk Mary Snyder was present to record the minutes. Treasurer Sherri Price was also present, along with Water Secretary Kathy Percy.
Members of the public in attendance were: Robert Armstrong, Tori Skinner, Lee Skinner, Kim Norris, Bert Coleman, Melanie Coleman, Scott Coleman, Corbin Gordon, Lynne Shindurling, John Robert Hicken, Pam Skinner, Todd Wall, Stephanie Woolstenhulme, David Hartvigsen, Brent Waterman, Shelly Bunker, Mark McAllister, Jamie McAllister, Sharon Webb, Michael McLean, Myrna Vernon, Tom Rawlings, Gary Walton, Von Glasglow, Roberto Perez, Ryan Webb,
1) PUBLIC COMMENT CONCERNING ANY ISSUES NOT ON THE AGENDA:
No comments were made.
At 5:59 Council member Glodowski made a motion to close regular session and begin public hearing and seconded by Council member Blotter. All members in favor.
2) PUBLIC HEARING: Disconnect Notice: Mary Jo Coleman
Corbin Gordon was present to represent Mary Jo Coleman, who has applied for disconnection. She has a small parcel of 4.69 acres that is requesting to disconnect. She currently own adjoining property of 30.69 acres that is zoned industrial. When the town went through boundary lines, there was a line that was drawn that divide the property leaving 4.69 acres in the town and some remaining in the county. She is opposing the annexation and at this time requesting to disconnect from the Town of Daniel and reconnect the properties together. The 30 acres is currently zoned as industrial, while the property with Daniel is residential, basically useless to her and can’t be developed because it is below the limit that is allowed. Also, the lack of sewer and services in the area is another concern and would like the capacity to have the services for any possible development in the future. She does intend to have an industrial development and that is her right under the current zoning. These are the basic arguments that she is making tonight. Corbin stated that this is probably a little less controversial being that the large piece of the property is already connected and feels that she has good arguments as to why she would like to disconnect. He then asked if there were any questions from the council.
Mark McAllister stated that when the boundaries were set, it made it so that the access to the industrial was through the residential portion of the property and inquired if this was recorded as an access. Council member Bunker stated that they own it, so they can do whatever they wanted. He stated that he could see the advantages of switch the residential piece to the county. He stated that he would like some clarification. It was to his understanding from what he has read, the town does not allow access to industrial through a residential property. He stated that there is some conflict on the zoning and the use that possibly needs to be looked at.
Council member Bunker stated that with the information packet that was provided by Mr. Gordon, he inquired about starting a time line for decision of the public hearing. He stated that if so, he would like time to review the packet and continue the hearing. David Hartvigsen stated that the statue gives 45 days from the close of the hearing.
Council member Glodowski made a motion to continue the public hearing for review of the packet and close the public hearing and go back into regular session. This was seconded by Council member Bunker, at 6:09pm. All member in favor.
3) POSSIBLE APPROVAL OR DENY ZONE CHANGE FOR HUNTSMAN/ARMSTRONG:
The Planning Commission made a recommendation to send the application to the Council without any recommendation. This was opened to public for comment.
Michael McLean stated that if the decision was to rezone, as a community, can it be defined in the course of business how it can be used, such as hours of operation. Council member Bunker stated that no, there is a definition in the code of the commercial uses that can be in the zone.
Stephanie Woolstenhulme stated that she grew up in Daniel. She feels that the rezone is going to be catastrophic as far as neighbors. She referred to Armstrong as a transplant and stated that he doesn’t have the same values that she does. She stated that they do not have commercial area that it is residential. He applied for a construction yard and was asked if he was going to bring trucks and semis on the property and he said yes, semis and drill rigs. Than when he found out about the bus stop, she stated that he backed out. At the last meeting, she indicated that Mr. Armstrong stated that he was still going to be bringing in drill rigs. She presented a copy of the petition that has 105 signatures from residents of Daniel property owners, whom have concerns. She stated that it was proposed to have commercial on the boundaries of Highway 189 and Highway 40, so that the access is onto the highways, but not inside of the residential areas. She inquired if anyone has checked into the lot being of record, and stated that she feels that it is more suitable for a house. She stated that there are 8 lots and 6 homes on the triangle. There has never been a business license issued to Russ Huntsman for his drilling company from the county, nor with the Town of Daniel. She stated that the business is addressed as 189 East 3000 South and has been a junk yard for years. She stated that it would be nice to get rid of, but not at the expense of others. She further stated that she hopes that the council will deny the rezoning. The Mayor stated that the petition will be submitted for the records.
Michael McLean asked for the rezoning, if the applicant knew what kind of business that he wants to put on the property. He asked how it was possible to approve a commercial business, when we don’t know what the commercial business will be. He stated that he is out raged that there is a rural agricultural area and that its one thing to fight a bar, but its another to allow it to be decided down the road. He stated that he is confused at how it even got to this point.
They Mayor stated that there is a criteria that fits into a commercial zone. Anything that is in that code has been preapproved, they could do any one of the uses with possible conditional uses that may or may not, depending on the type of business. The Mayor said that there is a 20-year plan that has been established approximately 10 years ago. If someone has a business that does not meet the zone, then it could take a year to change the code on their behalf, depending on what they request to change.
Mr. McLean stated that there are parts of Daniel that he felt could be commercial and asked if what we were here for is to say that we are uncomfortable with this particular spot qualifying. The Mayor indicated that all of the above, a public hearing is to hear the good, the bad and the ugly and is open to any public comment. Mr. McLean asked if anyone has made the pitch “This is what we are planning to do commercially and how its going to be a huge benefit to
the people who live right next to the property”. A comment was made that it would clean up the junk yard.
Robert Armstrong stated that have been to 3 planning meetings and a public hearing. At the first meeting, he stated that he would be a good neighbor and wanted to clean up the place. He does not have the exact answer on what he intends to do, and has received numerous personal attacks. He stated that it is on video, if he would like to review it. He has known Russ and Shirley a long time and there is no big conspiracy. The property has a weird shape and property boundaries. They have been able to clean on boundary up by working with Jesse Mair. He understands Mrs. Woolstenhulme fighting this, but to his understanding this has been used commercially. He is not certain what will be on the property, but stated he intends to clean it up, landscape, and make it a piece of property the town will be proud of. To his knowledge this property has been commercial and that it occurred through an association with Webb Brothers Trucking and now Huntsman Drilling. There are going to be 100 homes going in across the highway, conducing a lot more traffic, than a handful of vehicles going to this piece of property. He stated that he is not moving his drilling operation to this location, but if he is working in the area he may park a truck there overnight. He stated that there are businesses in the area such as Cody Remund, Kent Bethers, and Gordon’s with vehicles coming and going in the area. He stated that they are some of the best neighbors and professional drivers, but some of the cars that fly up and down the roads. There are county trucks that travel the roads daily.
Mr. McLean asked if one of the things on the list is what he will be doing? Mr. Armstrong stated that he will be following the rules and only be doing what is available by the code.
Jamie McAllister since it came up, if he had any plans of placing a bar on the property, now or ever? Mr. Armstrong stated that no bar will be on his property.
Mr. McLean asked of the items on the list, what three top uses are possible for the property. Mr. Armstrong stated that current property is described as a junk yard, construction yard a parking lot.
Council member Blotter stated that it doesn’t matter what he decides to do with the property. He can sell it tomorrow and the next guy could come in and can do whatever he wants as long as it’s on the list. He doesn’t need to state what he wants to do, it could be sold, changed by a new owner.
Tom Rawlings stated that whether it is accepted or denied, this could have a real potential to have a negative impact on the town either way. He feels that the town needs to very cautious, so we don’t find ourselves in court and with added expenses. He stated that this could impose an increase on taxes and we don’t have a huge tax base now. He stated that his second point was the Town of Daniel set up the town so we can keep things the way they are and not change. He does not feel that by state statute that a town is allowed to put a road block on changes. He thinks the needs or request on both sides should be considered. And for those that are in this town that just say no, and don’t want anything to change is unrealistic. He hopes that we can keep this out of court. Eventually the town is going to have to address. There are several businesses who exist in Daniel, that don’t have a license, that have equipment and are involved in things that may not be according to the code. If we enforce on one, we are going to have to enforce on all. His request is to be very careful and try to keep it out of court.
Gary Walton stated that everyone has their idea of we should do. A lot of people do not have an idea what it took to get the town where we are today. There was never an intent to hurt anyone, but to persevere a life style that we have. We adopted the zoning that was all ready in place from the county and were no changes made. He stated that he has lived there his whole life and he understands that people want businesses and do certain things. There are a lot of things that have to change, nothing stays the same, but hopes that there can be a common ground found.
Brent Waterman stated that he wanted to thank the council for the work they do. He stated that he doesn’t want to see commercial on Mill Road. However, Russ Huntsman has been there a long time and should be able to do what he wants. He stated that it has been a lot of record and Stephanie Woolstenhulme confirmed it was prior to 1970. Council member Bunker stated that there has been no evidence provided to the town. Mr. Waterman stated that this is the first thing that should be resolved.
Robert Armstrong asked if there was change of use rules or continued rules. Mr. Waterman stated that prior use had drill rigs parked there and once the zoning is changed you can’t go back.
Stephanie Woolstenhulme stated that there has never been a license issued for the use. She stated that it has been just junk. Mr. Waterman stated that one the property goes commercial; the uses change and you can’t go back. Then the uses can change to anything on the list.
Michael McLean stated that if he outbid Mr. Armstrong on the property to purchase himself, he could make a park. He asked if that was possible. Mayor Turner stated that anything is possible.
Mr. Armstrong stated that if you read in the code, as it describes future property, it describes properties’ such as Nate Orton’s, Mark McAllister’s, and Huntsman’s. He stated that these are right in the middle of an established enterprise zone that is on the map. Mayor Turner stated that those corridors the State recognizes for an extra tax deduction for businesses.
Kim Norris stated that the emotions have got ahead of everything. Once a property is commercial, it doesn’t always stay commercial. It can go back. It has to go through the process. It will have to go through planning to learn of the uses and talk about permits. There is a point that someone has to say this is what they are doing with the property. There is a general plan and has to be reviewed every 5 years. Does it promote growth? Does it promote the right area?
The general plan does talk about business.
Michael McLean stated that he loves the idea of the property being cleaned up. He would love for him to come to the planning Commission and state what his intention for the property. Kim Norris stated that all Planning Commission can do is make Recommendations. Mr. McLean asked if the Commission could stop him with recommendations. Mr. Norris stated that there are times when Council does not go by the recommendation, but that is how government works.
Council member Blotter stated that he hasn’t heard anyone in support of this, besides the applicant? He has heard a lot of comments in regards to not supporting this change. Todd Wall stated that he is a property owner and business owner who is in favor of the change. He feels that the property owners have some rights. He stated that he is a native and values the community. He thinks that if the Huntsman’s have the opportunity to sell and make the change, he is in favor.
Jamie McAllister stated that she is a local and hopes that her opinion is of some value. She takes issue with the fact that the if you moved here or are a local, have a love for this valley or they wouldn’t be here. She doesn’t want to make it a local versus transplants. She stated that she is hearing a lot about the big bad commercial. She stated that there are bad commercial neighbors and good commercial neighbors. She asked if there are more regulations, monitoring on commercial or residential? What is there more power over? She has a lot of respect for Mr. Armstrong and feels that he will abide by the rules. She asked if this was a good fit for commercial? She stated that is the big question. Whether he is granted this or not does not directly affect her, but she feels that he has come here with honesty and integrity. He has agreed to clean it up and feels there is a lot of positives to be gained.
Mark McAllister read a portion of the town code. Commercial land uses have been placed on the edge of the town on highway corridors to minimize impact and distribution to the residential areas. Commercial development should be limited to places where police, fire, water, sewer, roads, communications systems are readily available.
Tom Rawlings stated that in closure just for the history, he is not a local. He stated that he is highly offended when it comes to the word transplant. He stated that property owners are as far as it needs to go. He stated that whom ever owns property has as much right as anyone else. He, as a commissioner has tried to stay neutral, but since there has come a question of for or against it, he believes that for the reason of it being towards the outer edge it makes sense. He has one of the worst commercial neighbors next to his property and were against it. Many neighbors approached the county to get this change, but the good old boy and local prevailed in decision. He stated that Mrs. Woolstenhulme has some very good arguments and Russ Huntsman/Armstrong’s have good arguments. Himself personally, stated that when it comes to it being close to the highway, he is in favor of this. When it comes to commissioner and information, he might actual vote against it. But as a citizen, he is in favor.
Council member Glodowski stated that more than likely where this change could occur, a gas station could be placed across the road. And there will be approximately 400 houses. This is changing whether we want it to or not. The best thing that can occur is use the best common sense on how it is developed, with the best information that is available at the time.
Council member Blotter stated that there is a lot of people who have signed against the rezone with a petition that is a concern. He asked if there were any of those that signed that were present, besides the applicant. Melanie Coleman stated that she had signed it, but that was before she had more clarity on the matter. She further stated that she might be for the change. Robert Armstrong stated that he feels it is a one-sided argument. He feels that several people were provided a one-sided argument and didn’t have a full understanding of what they were signing and that there are two-sides to each story. He had talked to several people that advised him that they were not aware of what they were signing. Mrs. Woolstenhulme stated that when she took the petition around, they were all given maps and information that she had at the time. Mr. McLean asked if there was a petition that submitted for those in favor of the zone change. Mr. Armstrong stated that he did not do a petition.
Council member Blotter stated that there are several signatures on the petition and it was pretty clear of what they were signing. He asked how this should be considered? He felt that it was major. Mayor Turner stated that everything should be considered. Tom Rawlings stated that in regards to the petition, there should have been equal sides.
Council member Blotter asked how the council was viewing this. Mayor Turner stated that his opinion is there is a lot to consider as well as a lot to be concerned with. He feels that with the Town of Daniel, they would have more control, than someone else, that has a much looser code. There are several in favor and several whom are against it. There is also planning, that is planned for. It’s a decision that will have to weigh on the planning path, where it’s located, and all the concerns.
Council member Bunker stated that the property owner has the right to apply. You have opinions. The facts that have been presented points at the town code, the land use is on the corridor, it’s in the enterprise zone. There are a ton of people that are against everything, when it affects right in their back yard. That’s when they get excited and come to meetings. Then it turns into public clamor and not the facts. That is something that has to be weigh out by the Council.
Michael McLean asked if the change is approved, who wins? Does that town get a tax base, do we get parks? If this change goes through, are the residents of Daniel benefiting? Council member Bunker stated that all of the above. Council member Blotter stated that Mr. McLean made a great comment and wanted to know who would benefit. Are they the neighbors in close proximity? Is it the community? is the tax base? He stated that the answer is no to all of those things. Council member Bunker stated that he does not feel the answer is no to all those mentioned. He stated that it provides a tax base, impact fees if built on, commercial fees, commercial water fees and higher tax rate. He stated that over all it could be a benefit for the town with commercial zoning.
Council member Glodowski motioned to approve the Zone Change, Council member Bunker seconded the motion. Council members Glodowski and Bunker as well as Mayor Turner in favor, while Council member Blotter against. Motion passes.
4) BUSINESS LICENSE APPLICATIONS: Daniel Academy Renewal/ Splash & Bounce New Application
There have been no complaints for Daniel Academy and council approved the renewal of this application.
Splash & Bounce is an extension of a use that already has a conditional permit on this site. The Council issued the license on the condition no more than two rental items on the parcel. If that is extended, the Council would have to look at the parking matrix to determine impact.
5) PLANNING DEPARTMENT REPORT, VIOLATIONS and ENFORCEMENT:
A petition in reference to the dust issue was presented to council. There has been on going issue and more people have come forward with complaints. This is an issue that could be detrimental to our Town, being that the dust could contain silica. The EPA now enforces odor and dust issues. The petitioners have come before council to come up with an agreement to resolve the impact of this issue.
Roberto Perez was present to address an over water usage issue. The original bill was approximately $4000.00, with a current remaining balance of $1800.00. He has resolved numerous water leaks and believes that all issues have been resolved at this time.
Council member Bunker motioned to allow Mr. Perez to pay half of the $1800 by the end of the weekend and will forgive the remaining balance. If it is not paid, he will be responsible for the full balance and water will be terminated until paid in full, seconded by Council member Glodowski. All members in favor.
6) DANIEL MUNICIPAL WATER ISSUES AS NECESSARY:
Kim Norris stated that effective October, after the monthly meter readings, he will be resigning from his position in the Water Department.
7) STORM HAVEN WATER MATTERS:
8) APPROVAL OF COUNCIL MEETING MINUTES FOR July 2, 2018:
Council member Bunker motioned to approved July 2, 2018 meeting minutes, seconded by Council member Glodowski. Council members all in favor.
9) RECORDER’S OFFICE: WARRANTS APPROVAL, ANNOUCEMENTS, ETC.:
Council member Blotter motioned to approved warrants for June 2018, seconded by Council member Glodowski. All members in favor.
10) CLOSED SESSION:
Closed session was not held for the evening
Council member Blotter motioned to adjourn meeting at 8:15 pm, seconded by Council member Glodowski. All members in favor.