Quorum Present: Council members: Mayor Chip Turner, Stefanie Grady, Eric Bunker, and John Glodowski. Jon Blotter was absent from the meeting. The meeting was called to order at 6:00 PM. Clerk Mary Snyder was present to record the minutes. Treasurer Sherri Price was excused.
Members of the public in attendance were: Myrna Vernon, Robert Armstrong, Scott Keele, Marilyn Crittenden, Stephanie Woolstenhulme, Brent Waterman, Ryan Webb, Corbin Gordon, Von Glasgow, Todd Wall, Nate Orton, Mark McAllister, Jamie McAllister, Scott Binkerd, Tom Rawlings, Pam Skinner, Kim Norris,
1) PUBLIC COMMENT CONCERNING ANY ISSUES NOT ON THE AGENDA:
Marilyn Crittenden introduced herself and is currently running for the County Council at large seat and has concerns with how fast our county is growing and feels that it needs to be managed.
Myrna Vernon is a resident within the town that addressed an issue she is having with dust from the dump trucks. She stated that it is coming from Todd Wall and Coleman trucking entering the property to the north of her residents and was inquiring about getting something resolved.
Council member Glodowski motioned to close the regular session at 6:07PM and Public hearing called to order at 6:08PM. This was seconded by Council member Grady.
2) PUBLIC HEARING: DISCONNECT NOTICE REQUEST 2777 S Mill Rd:
Corbin Gordon was present to represent Nate Orton in his request to disconnect from the Town of Daniel. The property is located at 2777 S Mill Road, at the intersection of Mill Road and Highway 40. It is approximately 3.85 acres and currently zoned RA5. There are multiple reasons he is requesting to disconnect from the town. The first is the three corners of the intersection are currently part of Heber City and are zoned C2 or CMP. This zoning is for hotels, retail, medical, restaurants, offices etc. and is a very broad zone. The sewer is located approximately 60 feet from this property as well as culinary water line. He needs access to the services primarily the sewer to maximize the value of his property and this is the reason he is asking to be disconnected. The biggest problem Nate has is that the Town of Daniel does not have access to sewer which dramatically reduces the density and use of the property and Daniel has expressed no desire to include sewer. This particular issue is the primary reason that someone should be granted a disconnect from a town.
Mr. Gordon also stated that another issue is that Mr. Orton has come before the city prior to address a change to commercial property. There was a lot of difficulty, public outcry and was forced to withdraw his request. This request was October 7, 2013. Mayor Turner stated that a lot can change in the time and asked if Mr. Orton has since requested a change to which Mr. Gordon stated that he has not. He has stated that Mr. Armstrong has now come to request the same zone change and is getting the same push back that Mr. Orton had. Mr. Orton feels that he is running into stiff resistance from the Town not wanting to grant commercial zoning within the town. He also realizes that there are residential neighbors that will be affected by this.
Mr. Gordon stated that, due to the town not being able to provide the services necessary, the Town cannot force someone to stay. An individual has to show a viable reason to disconnect. Viable meaning that there is a preponderance of evidence, in this case that another Town is able to provide services. Mr. Orton has come in and requested commercial zoning and was turned down and he stated that the town cannot provide the services requested.
Nate Orton stated that he bought the property due to a long-term investment and realized the potential. He was also looking for a place to run his landscape business within the county. He stated that the Town of Daniel has in their by-laws is pro-agricultural and that trees are the single largest agricultural product in the state of Utah and based on the Town rules his business falls into this category. He was also granted that license to conduct the business. He also stated that there has been an issue with him not living in the house on the property, because he does not reside at that location. He stated that he has no intention at this time to develop the property and is not sure when he will. He feels that it is time to make the play and move forward with changing the zoning.
Council member Grady asked what the laws where in reference to getting septic on the property on commercial?
Mr. Gordon stated that it is one residence per five acres dues to limited density and would be far more limited then hooking onto the sewer that is available at the three corners.
Mayor Turner asked if they have confirmation that the City would accept the parcel of property and if there was anything they could do to stop them?
Mr. Gordon stated that it does not matter. And that the City could not stop him.
The Mayor also asked upon leaving where would he go and who would accept him and if it would create a peninsula in the mean time of being accepted?
Mr. Gordon stated that Mr. Orton would more than likely become a part of the county until he was accepted into the City. He also stated that Mr. Orton would go and apply for immediate annexation into Heber City.
Kristen Vasquez asked for clarification based on whether the county or the city would be willing to provide the sewer and if so at what cost?
Mr. Gordon stated that the applicant has all ready spoke to Heber City and would need to get an application filed immediately to annex into the City. He stated that the services are 60 feet away and the City is not going to deny the applicant request. The City likes commercial and have services sitting there ready to be used.
Ms. Vasquez stated that one of the legal elements is not put a burden on the entity that will be providing the services.
Mr. Orton stated that when he started the process he went in and spoke with the City Engineer to see if it was a viable option for him. At this time, he has nothing in writing that they would accept him into the City, but verbally was told by Ivan that it was a viable option. He was told that once the disconnect was complete that he would need to complete the annexation process to be adopted.
Stephanie Woolstenhulme stated that she shares property with Nate Orton. She stated that in 2007, Paul Kennard applied for enterprise zone with the State of Utah and felt that this particular triangle was a great place based off a map. There is approximately 25 acres, spanning from 2930 S Highway 40, down to 3000 South, across Mill Road and back up Highway 40 to 2930 S Highway 40. There are 8 property owners and 6 homes and is a residential area. She was told that because of the zoning this would give a tax break from the State of Utah for business that qualified and was not mandatory for any other property owners to go commercial. She stated that according to the state website, that there is a duration of 5 years to reapply for designation and asked if that was completed otherwise it was null in void.
Council member Bunker stated that the Town has reapplied.
With the commercial corridor, Mr. Orton does not have access to Highway 40 and Mrs. Woolstenhulme stated that as a town she feels that he needs to be accessing from the highway. She stated that Heber Meadows bus stops comes 8 times per day to a location in front of Mr. Orton’s property. She is very concerned for the children’s safety and does not feel that it is good to have big trucks in the area. She stated that Mr. Orton bought the property approximately 2013 and submitted an application to the Town for rezoning to commercial. Mr. Orton was supposed to come before the Planning Commission board on October 7, 2013 and at the last minute withdrew his application. At that time, she had 70 signatures from Daniel property owners that were against the rezoning. She also stated that he is a good fit for the RA5 zoning and that he has been a great neighbor and has had no issues with the renters. Mrs. Woolstenhulme stated that she does not want to become the island and does not want to be forced to annex into Heber City. She has asked the council to deny the request to disconnect from the town.
Scott Binkerd stated that his concern was that the town wanted to keep the encroachment from Heber City from Daniels. If Heber City takes one chunk of the town, then there will be another and it will have a total effect. He was also under the understanding that Mr. Orton did not appear for a zoning meeting and recommended that he goes through the complete process. He is worried about losing the town.
Kim Norris stated that there has been commercial property that has been granted. There was a property with convenient store that was approved but did not go through due to the economy. Just because an area is enterprise zone does not mean that it is commercial. He stated that it would be favorable if the property brought economic value to the town and is a good fit for planning and zoning. He feels that there are places along Highway 40 that commercial could go in quick. He feels that this is about money. The stated that it takes a lot of time for planning. He feels that it is important to keep control of the corner and control the development. He stated that just because the town is being threatened by a lawsuit, he doesn’t feel that it is a reason to lose control. He feels that Mr. Orton should go through the process and that the town is not against him, the town should have control and manage it right in time. There are also 5 residents that have been there a very long time that this will affect. He knows what the general plan is and where it is going and the town has done a good job protecting.
Jamie McAllister stated that she is torn. She feels that the town is looking at commercial options and she does not want to see this property lost to Heber City. She also feels that several statements that were made are correct. She feels that that town needs to start looking at how to help people with property along the corridors, because there is a place for certain things. She stated that she is not fond of growth and would hate to see this property lost to Heber City.
Kristen Vasquez stated that council does have the legal right to deny an application. She stated that timing is the key. She addressed Mr. Corbin stating that he probably is familiar with Supreme Court cases and that Bluffdale case comes to her mind. There were 53 property owners that were affected. She stated that in the short time that she has been at the meeting, she does not feel the legal issues have been meet and asked if he really wanted to see the town boundaries decided by a district court judge. She feels that it can be worked out. She does not feel there is enough evidence and that this could be costly. She asked if this is the right time and stated that Mr. Orton needs to work through process. She stated that this should not be decided tonight and if it is, that her request is to deny.
Tom Rawlings stated that he feels that the Town has an obligation to see that people wanting to make a living to able to do so. He does not feel that boundaries should be decided by a court and feels that this is the way that it is leading. He also stated that it will be very costly to the town and he feels the town should do what we can to accommodate those that want to make a living.
Council member Bunker motioned to close the public hearing from the disconnect request at 2777 S Mill Road and return to regular session. This motion was seconded by Council member Grady at 7:16pm. All members in favor.
Mayor Turner stated that he does not feel that he has enough evidence to make a decision this evening. Council member Glodowski stated that he feels that he needs to resubmit an application for possible accommodations of approval.
Council member Bunker stated that this is in the general plan and that it has been written and adopted. The enterprise zone was created and completed by the Town of Daniel with public hearing. It was created at a State level and can be looked at for as a tax incentive to locate into those areas. The services the town provides are fire, State Wildland Fire, Highway 40 corridor agreement. What they are trying to do is not create access to highway. The State does not want traffic lights every 50 feet to allow access to the highway and this location is to close to the current intersection to grant access. He also stated that Mill Road is owned by the Town. If Mr. Orton disconnect from the town, this will create a peninsula or an island. This will change to context of the town. The State puts a municipality in charge of its own destiny. The current property in questions sits within the boundary of Twin Creeks Special Services District and the Town has an interlocal agreement to provide sewer. Therefor to leave the Town based on not having sewer is not an option, because the service is available. Heber City will not overlap services of a Special Service District. He also stated that he does not feel at this time that the town needs to take a vote.
Mr. Gordon stated that he feels that the Town is wise on postponing a decision this evening. He and Mr. Orton have learned a few things that they were not aware of in regards to the sewer services and that Mr. Orton does not want a lawsuit. There has been discussion from the Town that there is possible indication of approval of commercial on this property and Mr. Orton would like to sit down and explore what the options are for him. They have taken notes tonight that there is some information that they need to look at as well.
At 7:33 pm, Council member Grady motion to close general session and enter Public Hearing for the 2017-18 budget to allow changes to revenue and expenses, seconded by Council member Glodowski. All members in favor.
3) PUBLIC HEARING: 2017/18 REVISED BUDGET:
The revised budget was reviewed and no public comments were made. There were a few additional changes that were requested and shall be changed. The public hearing was closed at 7:56pm.
Council member Grady motioned to approve the amended budget for 2017/18 with the suggested revisions in revenues and expenses and was seconded by council member Glodowski. All members approved.
At 7:57, Council member Grady motioned to open Public hearing for the 2018/19 budget, seconded by Council member Glodowski. All members in favor.
4) PUBLIC HEARING: 2018/19 ADOPT NEW FISCAL BUDGET:
The fiscal budget for 2018/19 was reviewed and no public comments were made. Public hearing was closed at 8:32pm
Council member Bunker motioned at adopt the purposed budget for 2018/19 and was seconded by Council member Grady. Passed unanimously.
At 8:32pm, Council member Glodowski motion to enter Public Hearing for the wage increase for 2018/19, seconded by Council member Grady. All members in favor.
5) PUBLIC HEARING: WAGE INCREASE 2018/19
In November of last year, part of the intention was in regards to some compensation, specifically the Planner. Also, a State official from Utah Retirement Systems showed up at the Town office in regards to employees meeting state requirements, that could or should be entered into their program. As of February 2017-18, any employee earning more then $1018.00 per month or 20 hours per week as an appointed person, qualify for Utah Retirement System benefits package under Utah State Code, Title 49, unless exempt. Persons qualify under the non-contributory, and because Eric and Mary are all ready in the system they qualify under the tier one bracket and qualify for 18.47%. The amount per month earned times the 18.47% is the amount that the entity shall pay into the retirement system. All others fall under the tier two at 16.69% shall be paid in. Mayor Turner stated that Planning Commissioners should also receive $50.00 per meeting, the same the Council members receive. The recommendation is to increase 2% for the year for all employees, as most entities implement. There was also a letter from a residence that was unable to attend that was read for her recommendation. At this point, the Planner is currently not making $20.00 per hour and would like to see his wages increased to such. If someone where to be hired for what the Planner does, the town would be looking at paying six figures.
Council member Glodowski motioned to approve the Commissioners shall receive $50 per month for attending their monthly meeting; Council member Bunker to be increased from $25,000 per year to $30,000; that all other Town employees receive a 2% increase for the year and to be reviewed on an annual basis; Mary Snyder to receive Utah Retirement benefit package and was seconded by Council member Grady. Motion passed in favor by Mayor Turner, Council members Grady and Glodowski, while Council member Bunker abstained.
6) APPROVAL/SIGNING OF (4) RESOLUTIONS/ORDINANCE:
a) DR-2018-06-04(A) North Properties Annexation:
A public hearing to be set for possible July 9, 2018 based upon if the meeting room is available.
Council member Glodowski motioned to approve the resolution and set a public hearing for July 9, 2018 (if building is available) this was seconded by Council member Bunker. All members approved.
b) DR-2018-06-04(B) PTIF Signatures: The suggested signers for these accounts shall be Sherri Price/Treasurer, Mayor Chip Tuner and Council member Bunker.
Council member Glodowski motioned to accept the signers for the PTIF accounts as shown above and was seconded by Council member Grady.
The ordinance and all resolutions were approved by council.
7) PLANNING DEPARTMENT REPORT, VIOLATIONS and ENFORCEMENT:
8) DANIEL MUNICIPAL WATER ISSUES AS NECESSARY:
a) 1200 West Bid Design: the property owner has indicated that he would like to connect to the water line and willing to contribute $30,000.00 to the town towards the connection. Further review towards right-of-way and easements to be accessed to determine if there is enough room to continue the line or needs to come up with another plan.
9) STORM HAVEN WATER MATTERS:
10) APPROVAL OF COUNCIL MEETING MINUTES FOR May 7, 2018:
The only correct to the current minutes is a revised date to show May 7, 2018.
Council member Grady motioned to accept meeting minutes for May 2, 2018, with a revised date of May 7 and was seconded by Council member Glodowski. All members were in favor.
11) RECORDER’S OFFICE: WARRANTS APPROVAL, ANNOUCEMENTS, ETC.:
Council member Glodowski motioned to approve the warrants seconded by Council member Grady. Warrants were passed unanimously.
12) CLOSED SESSION:
Closed session was not held for the evening
Council member Grady motioned to adjourn meeting at 10:34 pm, seconded by Council member Glodowski. All members in favor.