DANIEL TOWN COUNCIL MEETING
MONDAY, February 5, 2018 AT 6:00 PM
WASATCH COUNTY SERVICES BUILDING, ROOM 126
55 SOUTH 500 EAST, HEBER CITY, UT
Quorum Present: Council members: Mayor Chip Turner, John Glodowski, Eric Bunker, Stefanie Grady; Council member Jon Blotter not in attendance. The meeting called to order at 6:01 PM. Clerk Mary Snyder was present to record the minutes. Treasurer Sherri Price was also present.
Members of the public in attendance were: Shelly Bunker, Jaq Shindurling, Lynne Shindurling, David McCombs, Brent Waterman, John Wetsel, Pam Skinner, Todd Wall, Eric Bennett, Mark McAllister, Justin McAllister, Kim Norris, and Ryan Taylor and Kim Coburn with GDA Engineers.
1) PUBLIC COMMENT CONCERNING ANY ISSUE NOT ON THE AGENDA (LIMIT 2 MINUTES PLEASE)
No one came forth with any comments.
2) BUSINESS LICENSE APPLICATIONS/RENEWALS:
Council member Bunker announced that there were three (3) renewal applications received: Adam Knight Plumbing, Tee J’s Mutt Cutts, and Smitty Small Engine Repair. No complaints have been received on the businesses and Council member Bunker also indicated that TJ Mutt Cutts is a conditional use. All three renewals were approved.
3) DANIEL IRRIGATION COMPANY- COOPERATIVE AGREEMENT
Mayor Turner indicated that in the past there has been some issues in regards to communication, so there is a memorandum of understanding that was read. He also indicated that the verbiage of “Township” would need to be revised to “Town” only.
Mayor Turner also indicated that we would like to work together better than we have in the past and asked if the public had any comment.
Council member Bunker asked Ryan Taylor if he was ok with the agreement to which he indicated that he is not sure it will be perfect but hopes that it will help with coordination and working together. Ryan also stated that he believes that there are still things to be worked out but in principle the more we can all work together the better it will be.
Mayor Turner stated that he told Daniel Irrigation Company that if they had any issues they could call him and that we want the water to stay in our town and work together with them and believes that this will achieve this. Mayor Turner asked for a motion to accept or reject.
Council member Glodowski moved to accept the Daniel Irrigation Company/Daniel Town Memorandum. The motion was seconded by Council member Grady and passed by the following vote: Council members Grady and Glodowski and Mayor Turner in favor and Council member Bunker opposed.
4) DISCUSSION OF 8.25 CODE HOME OCCUPATION OFFICE & BUSINESS: AMENDMENT A
Mayor Turner stated that Planning has made a recommendation to change some verbiage in the code and recognized a new council member that may not be aware of the code. Council member Grady asked about continuing to allow her time to review. Mayor Turner read the 8.25 Code as well as the Amendment A with most changes being made.
David McCombs asked for some clarification as to 8.25 section b in regards to employees. Mayor Turner indicated that under the original code that it was not designed for employees. Council member Bunker further clarified that under Amendment A, that employees were fit to qualify for approval.
Council member Bunker asked Council member Grady if she would still like time to review, to which she indicated that she would like more time to review the differences.
Mayor Turner asked if there were any questions in reference to the continuance.
Council member Bunker moved to continue for March agenda. The motion was seconded by Council member Glodowski and passed unanimously.
Council member Grady asked if anyone else had any other questions in regards to the issue and if it seemed fair.
5) DISCUSSION OF DECK BUILDING CODE
Council member Bunker stated that Planning Commissioner Kim Norris moved to accept recommendation for deck building code. The recommendation was read for review. Mayor Turner asked if this was common for municipalities. Council member Bunker stated the standard of International Building Code.
Ryan Taylor stated this does help with clarification with regards to building permits and gives a good place to draw a line. Mayor Turner stated if no questions, he would entertain a motion to accept the planning recommendation. Council member Bunker will write an administrative code.
Mayor Turner asked again if any questions or concerns. Council member Bunker stated that there is a concern over the size of deck being at 70 square feet and that it is not a very big deck. Anything over 70 square feet does requires a building permit.
Eric Bennett asked what size accessory building could be built without a permit. Ryan Taylor indicated between 100-120, but tell people just over 100 so there is a little buffer. Kim Norris likes the code as it stands.
Pam Skinner stated maybe we need to have a discussion and define porch, deck and patio. Mayor Turner asked if anything over the 70 square feet requires permitting and Council member Bunker stated yes.
Ryan Taylor stated that if it requires permitting that the minimum fee is $500 due to inspection, engineering and review and is also based on actual square footage. There is a valuation that county uses as well as other municipalities that the town has adopted for such calculations. Council member Bunker also indicated due to encroachments on utilities, this is another reason why engineering is important. Ryan also stated that the definition of deck should be included for all permitting purposes.
Johnny Wetsel suggested that maybe the size should be determined based on acreage of the property, where in a subdivision you’re limited to size. He stated that there needs to be determination of what a deck is. Eric Bennett asked if the permitting is more of a safety issue. Due to setbacks and encroachment of surrounding utilities and properties, Council member Bunker indicated that is why it is necessary.
Due to many definitions of decks, porches and patios, all should be considered a deck, otherwise there will be a lot of porches and patios and not decks stated Ryan Taylor. All of which should were described should be a deck for permitting purposes.
Ryan Taylor stated that he is ok with the way that it is, but not excited about taking money from people on small projects. He feels that we need to protect people from themselves which is what a code official is supposed to do, but not sure where the right line is as far as size. Also stated that he does not want to open liability for the town either.
Eric Bennett suggested that if an accessory building is 120 square feet without permitting, that it may be a good number to use and covers the safety issue. Mayor Turner stated as long as it does not exceed the recommendations above 30” in height, it is possible to make that recommendation to increase the size. Kim Norris stated his recommendation is to leave it at 70 square feet due to the liability. Pam Skinner stated that she feels it is reasonable for the 120 square feet and not above 30”.
Council member Bunker asked if we needed to revise number 1 the size and do away with number 2 the 7-foot dimension. Council member Grady stated yes and the Mayor asked if the document would be good.
Council member Glodowski moved to revise the deck recommendation size to 120 square feet, not above 30” inches, no more than 4 risers. The motion was seconded by Council member Grady and passed with Mayor Tuner, Council members Glodowski and Grady in favor and Council member Bunker not in favor by the Council.
6) DISCUSSION OF RECOMMENDATION FROM PLANNING COMMISSION
Mayor Turner asked for clarification on the net power metering of solar. Council member Bunker said they put in a solar panel and are required to get Heber Power and Light or whoever provides their power to sign off. Then there is an inspection on that and we issue a permit and then inspect it.
Todd Wall land use requirements and compliance: there was a stop work ordered and not followed up with and Mr. Wall was surprised. However, things are on track at this time to fix/resolve the current issues.
County Regional Water, the county called all mayors and others folks and are looking to do a valley wide study, so there is no overlap in services and more of a cooperation between agency and municipalities so they are harder to attack from outside the valley. It is estimated to cost between $300-350k. The committee will come look at items and the town can decide if they want to participate. This is to try to secure water within the valley that is tied into other agencies and protect the water a little better.
Kim Norris stated that this also has to do with the population growth that is estimated to be about 80k people by the year 2060. He also indicated that there were situations with water flow for fires with municipalities and they were able to cross-connect to make it work. They are trying to get different agencies and municipalities to coordinate.
Council member Bunker stated that in 2012, Mike Ashby was issued a permit to build three (3) towers for emergency radio use. The Town would like to refund the money. Item will be put to agenda for next month for review.
New State of Utah Enforcement Code- section 703, 53-13-103USC: the town officers can no longer issue code violations. Citation must be issued by Law Enforcement Officer in accordance with the new Utah State Law. There are two page document defining who are Law Enforcement officials. The fines are $10,000 for 1st and 2nd degree felony, $5,000 for 3rd degree felony, $2,500 for Class A Misdemeanor, $1,000 for Class B Misdemeanor, and $750 for Class C Misdemeanor. Mayor Turner stated that if you have a dog at large, the Class C Misdemeanor is what you will be charged, as well as animal and court fee. The town has not entered into the animal control because of the fees.
7) DANIEL MUNICIPAL WATER ISSUES AS NECESSARY
Mayor Turner indicated that we received the revised Daniel Water Service Agreement from the attorneys. Since this item is not on the agenda, it will be continued to next month for review.
Ryan Taylor indicated that all water sampling came back good today and hopes that trend continues.
8) STORM HAVEN WATER MATTERS AS NEEDED
Mayor Turner asked Kim Norris about Storm Haven and the tree removal from the Hines property. Mr. Norris indicated that they have not done anything with the line at this time. The box is leaking and is not sure if they will be moving the setter from current location. He also stated that if they find the leak by the existing meter box or if the leak is towards the street they will move the meter box. He also indicated that he felt this was a big liability leaving the tree in place as the ground is saturated. They have a contractor looking at the box/line to see what the cost will run.
Mayor Turner asked about moving the box into the right-of-way and Mr. Norris advised that he would like some direction from the council. He further stated that it would probably be between $2500-$3000 to move the existing line and box closer to the street and that the other lateral lines and meters are back recessed in the properties as well. If the street were to ever widen, he also stated that the lines would possibly have to be moved back again. Council member Bunker stated that he would prefer to get the line out of the front yard closer to the easements. Todd Wall replied that the shorter the distance, the less the town has to maintain. Mark McAllister stated that if we are willing to pay to have the tree removed that we may as well pay to move the line to where it needs to be as well. Mr. Norris stated that all of Storm Haven lines are like this and were put in one line at a time. He also stated that there were several pieces of equipment present to remove the tree and it cost $950 and he had one other estimate at $1050 and felt it was a big savings. He again asked for guidance from the council for which direction that would like to take. Given that if they move the line and in time have another leak on the connection that was fixed, who would be responsible.
Ryan Taylor stated that he agrees. If the lines are galvanized and have electrolysis, then it creates a bigger issue, and that the whole lateral line would need to be replaced. There is approximately 30 feet that would need to be replaced. Mayor Turner stated that Mr. Norris has been making a call within reason and if it turns into something more, then we can discuss further action and that Mr. Norris could proceed with the repairs.
9) APPROVAL OF COUNCIL MEETING JANUARY 8, 2018
Council member Bunker had one correction on page three (3) paragraph 2, last sentence. He would like it revised to state that “he heard a meth drug bust” due to not having evidence of an actual drug bust.
Council member Bunker moved to approve meeting minutes for January 8, 2018. This was seconded by Council member Grady and passed all in favor.
10) RECORDER’S OFFICE: WARRANT APPROVAL, ANNOUNCEMENTS, ETC.
Clerk Snyder reviewed the Town’s warrant list with the council. During the discussion, Deputy
Clerk Shindurling reviewed a bill from Heber Light & Power in reference to the street light
repairs. She contacted HLP and determined that they were billing for 30 street lights in the
town for maintenance of the fixtures. She drove around and was only able to locate 10 of
the 30. She also advised them from now on we would like to see more details of exactly what
we are being billed.
Council member Bunker moved to approve the warrants. The motion was seconded by Council member Glodowski and passed unanimously.
13) POSSIBLE CLOSED SESSION
This item was not needed
Council member Glodowski moved to adjourn the meeting, which was seconded by Council member Grady. The motion passed unanimously and Mayor Turner adjourned the meeting at 7:52 PM.