DANIEL TOWN COUNCIL MEETING
MONDAY, OCTOBER 2, 2017 AT 6:00 PM
WASATCH COUNTY SERVICES BUILDING, ROOM 126
55 SOUTH 500 EAST, HEBER CITY, UT
Quorum Present: Council members Bunker and Glowdowski were present when Mayor Turner called the meeting to order at 6:01. Council members Blotter and Bateman were absent. Treasurer Sherri Price was present, as was Clerk Lynne Shindurling to record the minutes.
Members of the public in attendance were: Stefanie Grady, Jaq Shindurling, Shelly Bunker, Kim Norris, Jeff Heftel, Terry Heftel, Teri Welch, Mark and Jamie McAllister, Justin McAllister, Joe Witt, Adam Knight, Ryan and Amanda Simpson, Pam Skinner, Todd Wall, Kent Bethers, and Ryan Taylor and Kim Coburn of GDA Engineers.
1) PUBLIC COMMENT CONCERNING ANY ISSUE NOT ON THE AGENDA (LIMIT 2 MINUTES PLEASE)
No comments were made.
2) DISCUSSION OF TERI WELCH PROPERTY LOCATED AT 487 COBBLE CREEK LANE IN DANIEL, POSSIBLE REZONE APPLICATION
Ms. Welch presented a packet of materials which were also produced at the September 11, 2017 meeting. She reiterated in 2002 Wasatch County, without her knowledge, changed the zone of her 37+ acres from grazing to P-160, which continued when Daniel Town incorporated. She feels this has devalued her property and would ask the Council to authorize changing the zone from P-160 to RA-5. She does not intend to subdivide the property at this time as she does not want to incur the cost of a survey, but would like to give a buyer of the property an option to do so. She has had the property on the market for sale and was informed by a buyer of the current zoning and the restrictions attached thereto.
She also stated at the time of rezoning properties adjacent to her, the County zoned some RA-5 and the sloped ground as P-160, but her two parcels, one approximately 4-1/2 acres and the other 32 acres, all were zoned as P-160, limiting her to a single home and not even a caretaker’s building. Mayor Turner asked her if she was aware how much of the property, if any, is located in the flood zone. She stated the home ground is not, but she is unsure of the pasture land. A new flood plain map was created in 2016 and disseminated in 2017 which removed the home ground from the flood plain.
No notice was given to the Heftel family at the time of rezoning of the change. Ms. Welch read Daniel Code Section 8.02.5(2)(c) stating initiation of a zone change can be authorized by the Council, as it is past the date of July 15. The latest flood plain map was provided by Council member Bunker showing part of the pasture land is in the flood plain. Ms. Welch stated the County bills property taxes on two separate parcels, which seems to indicate a lot was created when the rezoning occurred, and a home can be built on the 32-acre parcel. Ryan Taylor stated if a legal lot was created, then that’s what it would mean. Council member Bunker asked if Ms. Welch has a lot of record certificate. She answered no but will do further research in the County records to see if one exists. She would still like the Council to initiate the rezone to RA-5 in order to increase the value of the property. Terry Heftel mentioned three buyers have walked away from the discussion of purchasing the property once it was found to be zoned P-160. Also, because of the steepness of most of the property, building will be very limited in terms of subdividing for additional homes.
Council member Bunker mentioned the property falls within the geological hazard overlay zone, perhaps requiring further studies take place before building can occur. But this would not become an issue until a building permit application was submitted. However, for simply rezoning the property this does not need to be considered.
Council member Glodowski asked about a road back to the property if it was to be subdivided in the future. Ms. Welch stated there already exists a private road which could service additional homes as well and would not be maintained by the Town.
Mayor Turner stated he appreciated the due diligence performed by Ms. Welch to date and would like to see the Council move forward with a rezone application rather than make the family wait another year to do so.
Council member Glodowski moved to allow submission of an application for the rezone to the Planning Commission, which was seconded by Council member Bunker. The motion passed unanimously.
Ms. Welch stated she will research the County records looking for a lot of record and submit a rezone application to GDA Engineers, which will then go to the Planning Commission for a recommendation to send to the Town Council.
3) BUSINESS LICENSE APPLICANTS
Planning Director Bunker produced renewals from four businesses, those being Suburban Propane, Housekeeping by Dawn, Great Escapes, and Tender Touch Massage.
As no problems had been reported on any of these businesses and the appropriate fees were received, the Council approved the renewals for another year.
4) DISCUSSION OF USING ATTORNEY FOR FILING OF MECHANIC’S LIENS IN COLLECTION MATTERS
Kim Norris had brought this subject up at the September meeting. He stated his concern here deals with properties in foreclosure where an out-of-state title company is involved in the resale. When there is an outstanding water bill, if the Town does not lien the property, oftentimes the property is sold and closed and the new owner is not responsible for amounts incurred by a prior owner. Then Daniel Municipal Water is left unpaid.
Joe Witt asked if the Town had an attorney on retainer. Mayor Turner stated we certainly have an attorney handling numerous issues for the Town, but something as minor as this could perhaps be better handled by other means at a lesser cost. Council member Bunker suggested checking with other nearby municipalities to see what process they follow and costs involved.
Mayor Turner stated he will get some bids from local attorneys and speak with the Town attorney how to best handle this situation. Mark McAllister said perhaps the water secretary could file the lien with the County until the property was settled. Mr. Norris stated a Notice of Interest can also apply to advise that Daniel Town has an interest in the property.
Council member Glodowski moved to continue the discussion next month. The motion was seconded by Council member Bunker and passed with all “aye” votes.
5) DISCUSSION OF SIGNAGE NEEDED IN DANIEL, LIST OF LOCATIONS AND WORDING TO SUPPLY TO WASATCH COUNTY PUBLIC WORKS
Mayor Turner stated he discussed this with the Town attorney and was informed the Town can place signs wherever it wants to in the right-of way, not on residents’ property. He would like to identify what type of signs residents would like and where they are needed.
He has listed thus far two Stop Ahead signs on 3000 South before existing stop signs, No Through Street and/or No School Access on Ranch Drive at 3000 South and Teancum. Cove Lane in Storm Haven needs to have a speed limit sign replaced which was removed during the DIC construction in the spring, and speed limit sign(s) on Little Sweden. Council member Bunker corrected the minutes to state the signs removed during construction have been replaced.
Joe Witt stated he would like a 3-way stop placed at the intersection of 3000 South and Big Hollow Road in an attempt to slow traffic.
Mayor Turner mentioned No School Access off Teancum as well as 3000 South and Ranch Drive. Pam Skinner suggested a sign for a speed limit of 25 on Teancum and Ranch Drive.
Mr. Witt asked about a “single file” sign for bikers on 3000 South, as it is a shared road with bikes.
Council member Bunker stated State law requires certain signs be placed in conjunction with others, such as Stop Ahead or 3-Way Stop Ahead. The Mayor asked GDA Engineers to check the State code and revisit this issue. Mr. Taylor said he will do so and check the Town inventory of existing signs also.
Council member Bunker moved to continue the signage discussion to November, which was seconded by Council member Glodowski. The motion passed unanimously.
6) DANIEL MUNICIPAL WATER ISSUES AS NECESSARY
Mr. Norris stated although he had previously reported that Century Link had placed the data line at the pumphouse up on the poles, he discovered it is still laying on the ground. The line in this condition is susceptible to sustaining damage. He stated Heber Light & Power needs to do more tree trimming with permission of the adjacent property owners. He will contact the necessary entities to get these two problems solved.
One of the property owners in the Three Farms Subdivision had installed a 1-1/4” setter for the 3/4” meter rather than a one inch. Mr. Taylor feels an adapter can be installed to make the proper connection for the three homes involved.
7) STORM HAVEN WATER MATTERS, IF ANY
Mr. Norris produced a draft letter he authored dealing with delinquencies in water accounts. Some customers think they can discontinue paying monthly water bills when they leave their property for months at a time. However, once a meter is installed on the property, the minimum amount must be paid monthly even though no one is at the home and using the water. He wants to emphasize nonpayment of bills will result in a disconnection, and a homeowner may not get reconnected with the shortage of water in the Storm Haven system.
Jim Best of Best Construction has been contacted to deal with a hydrant matter east of Highway 40 which has been ongoing for months. Mr. Norris will deal with him or Daniel’s own water personnel to resolve the situation. Best Construction is dealing with a culinary hookup for the Baird residence on Little Sweden Road. There was confusion with the contractor dealing with the irrigation line rather than culinary. An excavation permit will have to be pulled to get the waterline hooked up.
Mr. Norris asked if the “Ten Commandments” dealing with a septic system had been researched. Mr. Taylor stated the clerk had handled this, and she produced a document entitled “Septic System Tips for Inside” which will be enclosed in the monthly water bills and posted on the Town website for reference. This is done in an attempt to notify particularly Storm Haven residents on the community sewer system what should not be flushed down a toilet to keep repairs on the system at a minimum.
Ryan Taylor said the sanitary survey that was due to the State Division of Drinking Water prompted a visit to Storm Haven Water by our representative. Deficiencies were noted and our engineers are working through the list. Bottom line is a new well and storage tank will go a long way in correcting noted problems.
8) PLANNING DEPARTMENT REPORT, VIOLATIONS AND ENFORCEMENT
Planner Bunker produced his monthly report showing hours worked and projects in progress. He mentioned having received complaints regarding fences built out of compliance which need to be addressed. Mayor Turner inquired about the lot on Ranch Drive being used to store landscape inventory. Stefanie Grady stated the vehicles are still entering and exiting daily, apparently continuing to run the business. The vehicles and equipment have been moved on the property and it looks neater, but the problem still exists. Planner Bunker is going to send a letter to the property owner to address the issue.
Back to the fence issue, Planner Bunker stated it is mainly a safety issue dealing with visibility from the properties in question. This cannot be mitigated. If the fence is sight obscuring, it needs to come down to the three-foot level in height to be in compliance. Homeowners can deal with the contractors who installed the fences on their property not within our code. Mayor Turner instructed Planner Bunker to prepare letters to two homeowners on 3000 South and one on Daniels Road to resolve the issue.
Mr. Taylor stated he has done some research on the trailer park property on the corner of 3000 South and Daniels Road to see how many trailers were initially approved to be placed on the property, as there is building going on there with replacement of a trailer and additions occurring on two others. He will continue to look into the issue to report at the November meeting.
At this point Ryan Taylor introduced Kim (Kimberly) Coburn with GDA Engineers who is also handling many issues for Daniel Town. She mentioned she has worked with Ryan for 4-1/2 to 5 years, has a Master’s degree in civil engineering, and does a lot of mapping in her field.
Her introduction was a segue by Council member Bunker to mention he has been working with Ms. Coburn on a carport addition for Kim Dudley on Haven Estates Drive in Storm Haven. Many unusual circumstances have arisen requiring a rather high figure being charged for the permit for an accessory structure of small size. All angles were considered by the planning staff, but the end result was an application fee of $789 will have to be paid by Ms. Dudley and the carport will be attached to the home. Changes may need to be made to the code to handle similar projects in the future.
Council member Bunker stated Heber Light & Power is holding an open house at their workplace for all interested residents to attend.
9) APPROVAL OF MEETING MINUTES FROM SEPTEMBER 11, 2017
Council member Bunker moved to approve the minutes as written, which was seconded by Council member Glodowski. The motion passed unanimously.
10) CONTINUED DISCUSSION OF “AMENDMENT A” TO CODE 8.25
After discussion, the language in Amendment A 8.25.06(1)(k) was written as follows: “Large industrial equipment such as backhoes, trackhoes, mini trackhoes, skid steers, and lifts are allowed, no more than 5 pieces total with 3 visible.”
Commissioner Skinner stated when Daniel Town was incorporated approximately ten year ago, the Council adopted a home business code which has not been enforced. The rules were more restrictive than what is being discussed here. The purpose of this meeting and the exercise of amending the existing code is to allow businesses within Daniel to operate under a set of rules which can be enforced. Businesses currently operating outside of what is adopted will have to make adjustments to come into compliance.
8.25.06(1)(l) remained as written: “Businesses requiring large facilities for warehousing and wholesale distribution are not allowed.”
8.25.06(1)(m) remained as written: “Medical, dental, and insurance businesses are not allowed.”
8.25.06(1)(n) was changed to read as follows: “Shipping, transport, and trucking businesses are not allowed, except for owner/operator, with a cap of 3 tractor-trailer combinations and included in item (k) above.”
Council member Bunker mentioned Item (o) dealing with short-term rentals has been reviewed by the State legislature recently and would like a legal opinion from the Town’s attorney if these are to be allowed or what limitations are to be considered. Also, since home occupation licenses in general have been under review, Mayor Turner will get with our Town counsel for an opinion here also.
Kim Norris thanked the members of the public for attending the various meetings which have been held over the past year and the input they provided in getting the issue resolved.
Council member Bunker moved to continue discussion of item (o) in the amendment until the Mayor has spoken with counsel, which was seconded by Council member Glodowski. The motion passed unanimously.
11) RECORDER’S OFFICE: WARRANT APPROVAL, ANNOUNCEMENTS, QUARTERLY BUDGET UPDATE
Clerk Shindurling reviewed the Town invoice amounts submitted through the month of September. She mentioned a footnote dealing with a $75 fee per person for a conference to be held with the Pelorus Methods software company. The Council approved the fee in hopes that Lynne Shindurling, Kathy-Jo Percy, and Sherri Price will all be able to attend the conference toward the end of October.
Next the water company warrants were reviewed by the clerk.
Council member Glodowski moved to approve payment of the warrants as presented. Council member Bunker seconded the motion, which passed with all “aye” votes.
The clerk presented the quarterly budget update using the Pelorus software for the first time, which automatically populates revenue items as received and shows expenses paid. The only concern noted deals with the Storm Haven budget. Line items for utilities and engineering will be greater than that budgeted, so adjustments will have to be made at a later date. All others budget line items for the three funds appear to be on track for the first quarter.
For the closed session discussion, Mayor Turner asked that the public leave the meeting.
12) POSSIBLE CLOSED SESSION FOR DISCUSSION OF REASONABLY IMMINENT LITIGATION
Council member Glodowski moved to close the regular session of the meeting. The motion was seconded by Council member Bunker and passed unanimously.
Council member Glodowski moved to go into closed session, which was seconded by Council member Bunker and passed unanimously.
(Those still present were Mayor Turner, Council members Bunker and Glodowski, engineers Ryan Taylor and Kim Coburn, Shelly Bunker operating the video camera, and the clerk recording minutes.)
Council member Glodowski moved to go out of the closed meeting and return to the regular session. The motion was seconded by Council member Bunker and passed with all “ayes.”
Council member Glodowski moved to adjourn the meeting, which was seconded by Council member Bunker. The motion passed unanimously and Mayor Turner adjourned the meeting at 9:47 PM.