Daniel Town Council Meeting
Monday July 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, Stefanie Grady, Eric Bunker, Jon Blotter and John Glodowski. 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.
Members of the public in attendance were: Shelly Bunker, Darlene Webb, Myrna Vernon, Todd Wall, Melanie Coleman, Bert Coleman, Robert Armstrong, Jamie McAllister, Mark McAllister, Kim Norris, Marcia Birch, Kate Anderson, Eric Anderson, Gary Walton, Nate Orton, Corbin Gordan, Kristen Vasquez, Tom Rawlings, Ryan Taylor, Barbara Walton, Robert Muir, Tamara Wall, and Pam Skinner.
1) PUBLIC COMMENT CONCERNING ANY ISSUES NOT ON THE AGENDA:
No comments were made.
2) POSSIBLE APPROVAL/DENY DISCONNECT REQUEST OF 2777 S MILL RD:
Applicant Nate Orton, nor his council Corbin Gordon were present at the time. Council proceeded with decision.
Council member Grady motioned to deny the request to disconnect for property located at 2777 S Mill Rd, to include the public comment, as well as secondary letter. This motion was seconded by Council member Glodowski. All members in favor.
At 6:02 pm, Council member Glodowski motioned to close regular session and open the Public Hearing, seconded by Council member Grady. All members in favor.
3) PUBLIC HEARING: NORTH PROPERTY ANNEXATION:
Council member Bunker addressed the audience explaining that they Town is looking at the northern boundary that is not part of Heber city, nor Town of Daniel. The Town reviewed a map and explained the boundaries as they exist. Currently there are several properties that Wasatch County drew boundary lines through that do not line up with actual property lines. This was opened up to public comment.
Corbin Gordon was present to represent the Colemans’. They have a deep concern of being forced into the town. He stated that on last Friday (July 6, 2018), they filed a disconnect request from the Town of Daniel. He stated that there are legal issues with the town doing this annexation and was unable to find the Towns’ annexation plan online. He also stated that there is an issue with providing sewer services within the Town.
Robert Muir stated that he is the owner/operator of the Richard Erickson Trust and that he has the same concerns that Corbin stated due to the lack of services. He stated that it would make more sense for them to annex to Heber City. Due to the lack of infrastructure, his concern is the money that it would take to acquire services.
Robert Armstrong inquired about why the property boundaries were split. Mayor Turner stated that in 2006, the County Commissioners drew a line on a map to create the Town of Daniel boundary lines, therefore splitting properties of owners.
Gary Walton started that the properties of the Coleman and Erickson are currently being serviced with the Town Municipal Water and was inquiring about how this will affect the disconnect request with culinary and irrigation water.
Kate Anderson stated that their properties are on Wasatch Irrigation currently. She also stated that their property is on a well and septic system. Their property also has access to connect to Heber City water and sewer services. She stated that she also believes that Dunn’s property is currently being serviced through Heber City, as they do not have a well. She stated that if they annex into the Town of Daniel, she is concerned they would lose the connection to Heber City, in the event that they ever needed those services. Their property is all zoned as industrial, as well as Dunn’s. They do not use Heber City, nor Town of Daniel for services. She also stated that because Erickson and Dunn’s, without them being annexed, there is no way that they could be annexed into the town. She doesn’t have an interest to annex into the town and spoke to other owners indicating they don’t want to annex.
Robert Armstrong asked why the town was inquiring about annexing the properties. The mayor stated that there is not a solid plan, but there is an island of county ground needing to be serviced by one municipality and they have had inquires about a year ago about annexing split properties.
Kim Norris stated that he feels that the Town is getting a bad rap. He feels that an applicant needs to go through the process in order to changing zoning. He asked Ryan Taylor from GDA Engineer about septic tanks in regards to businesses and if that is acceptable on commercial and industrial property.
Ryan Taylor stated that there are several ways to do sewer. Some have been approved, including his office location at 3000 S/Highway189 to be on a septic tank. Commercial and industrial can all be done and is based on cost effectiveness. It was also stated that there are currently three commercial properties along Highway 40 that have been approved with septic systems, as well as one along Highway 189.
Kim Norris also stated that the Town does look at commercial and looks to see where it is a good fit for the Town. There are places that it fits within the general plan.
Nate Orton stated that the prior owner of his property has tried twice and was turned down for a zone change. He also stated that he started the process and that the Planning Commission had a meeting that he had no knowledge of. He feels that the consensus of the community is not positive within the town due to not permitting zone changes and feels this is why people are reluctant. Council member Bunker stated that 80-90% of this ground per the annex is currently zoned industrial at this time.
Kate Anderson asked if the town still does conditional use permits? Mayor Turner stated all of the above. Mrs. Anderson stated that Wasatch County doesn’t have conditional uses. She stated that for this reason she would not be interested in annexing into the town. Their property is zoned as heavy industrial. With the county they have gone through the process and are in compliance with their current zoning.
David Nielsen stated that the annexation, the city can set their zoning. The owner will lose their power when being annexed into a town. He asked how the Town can accept people to want to annex into the Town without knowing what the plan is? He stated that here is no faith in trust. The people being considered in the annexation have no faith in trust and feels that it should be predetermined to them and in contract and recorded what their zoning will be. He feels that otherwise people would be crazy to consider annexation.
Robert Armstrong was curious about the annexation process and who has the final say. Mayor Turner stated that typical you have property owners that would request to be annexed into a municipality. Municipalities also have times where they see a need to annex bringing properties into the town and keep the zoning or change it. But this was not what was being discussed tonight. He stated that we are here to having a hearing to learn of property owners interest.
Kate Anderson asked why the properties can’t be left alone, until someone is wanting to come into the town. Mayor Turner stated that about a year ago someone had come to the Town and request to annex.
Council member Bunker stated that the more the property boundaries are cut up, the more overlap in services exist. There is a stated code that mandates this issue. This creates a peninsula and over laps in functions. There are properties that could be granted a continued use but could not be expanded. In order to further build, the property owner would be required to meet current zoning regulations.
Mayor Turner reiterated that the purpose of this meeting is hear opinions of this annexation. Eventually it will be annexed somewhere.
Mark McAllister stated that he feels that the property owners need clarification of the intent of the annexation. He feels that with a plan this would make them happier.
Kristen Vasquez stated that she represents the Town of Daniel. She stated that this is an informational hearing. She understands that this issue is creating a discomfort and people need to express their concerns. There is a process and the first step are to hold a hearing.
Council member Blotter motioned to close the public hearing. This was seconded by Council member Glodowski. All members were in favor.
Council member Blotter motioned to return to regular session, seconded by Council member Grady at 7:10 pm. All members in favor.
4) BUSINESS LICENSE APPLICATIONS:
There have been no complaints for Simpson Fence and council approved the renewal of this application.
5) APPROVE FIREWORKS RESTRICTION- DR 2018-07-09(A):
Council member Blotter motioned to approved the 2018 fireworks restriction, seconded by Council member Grady. All members in favor.
6) APPROVE ADOPTED TAX RATE 2018-19 DR 2018-07-09 (B):
Council member Grady motioned to approve the 2018-19 tax rate, seconded by Council member Blotter. All members in favor.
7) APPROVE INTERLOCAL WILDLAND FIRE AGREEMENT DR 2018-07-09 (C)
Council member Blotter motioned to approved the renewal 2018-19 Wildland Fire Interlocal agreement, seconded by Council member Glodowski. All members in favor.
8) PLANNING DEPARTMENT REPORT, VIOLATIONS and ENFORCEMENT:
In reference to the possible night rental property complaint, that does not have a care taker. The individual is now going to document the evidence of vehicles and activities.
9) DANIEL MUNICIPAL WATER ISSUES AS NECESSARY:
Gary Walton stated that there have been several water overages and working on collections issues, as well as follow ups of disconnect issues.
Mark McAllister requested to have a collection sample pulled from his residence, as he has a foul odor, especially early in the morning.
10) STORM HAVEN WATER MATTERS:
Kim Norris stated that there continuing to have issues with the radio meter reads from the County Complex. He has had to order two new meters in hopes of resolving the issue.
11) APPROVAL OF COUNCIL MEETING MINUTES FOR JUNE 4, 2018:
Council member Bunker motioned to approved June 4, 2018 meeting minutes, seconded by Council member Glodowski. Council members Grady, Glodowski and Bunker in favor, Council member Blotter abstained.
12) RECORDER’S OFFICE: WARRANTS APPROVAL, ANNOUCEMENTS, ETC.:
Council member Blotter motioned to approved warrants for June 2018, seconded by Council member Grady. All members in favor.
13) 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 Bunker. All members in favor.