Town Council, Planning Commission, Public Hearing September 11, 2017






Quorum Present:  Council members Bunker, Blotter, and Glodowski were present when Mayor Turner called the meeting to order at 6:03 PM.  Council member Bateman was absent.  Treasurer Sherri Price was present, as well as Clerk Lynne Shindurling to record the minutes.

Planning Commission members present: Kim Norris, Jaye Binkerd, Pam Skinner, and Diane Grose.  Commissioners Weight and Rawlings were absent.

Members of the public in attendance were: Teri Welch, Lisa and Paul Dinga, Brent Waterman, Wayne Mair, Stefanie Grady, Jordan Russell, Lauri Klenk, Jeff Heftel, Brandon and Marla Larson, Mark and Jamie McAllister, Mason McAllister, Justin McAllister, Bret and Gina Williams, Jaq Shindurling, Dan Dearden, Kent Bethers, Don and Penny Hyde, and Ryan Taylor of GDA Engineers.


Teri Welch passed out information on her 2 lots on Cobble Creek Lane currently zoned P-160.  Through research with Wasatch County she was informed in 2002 the County changed the zoning from Grazing to the P-160 without her knowledge.  This greatly limits what can be done with her 32+ acres and, although the time has passed in 2017 for submitting a zone change application with the Town Council, she is asking to have this matter reviewed by the Council and/or Planning Commission to change the zone to RA-5 so she may pursue sale of the property. Several of her neighbors’ properties are partially zoned P-160 where it involves a hillside, but the home acreage is zoned RA-5.

Council member Bunker asked that this be an agenda item for the October meeting, which was agreed to by Mayor Turner.  It will be discussed next month.

             Council member Glodowski moved to get out of the regular meeting and open the public hearing, which was seconded by Council member Blotter.  The motion passed unanimously and the public hearing was opened.

(The clerk makes note of a letter received from attorney Jon Heaton on this date stating he feels improper notice for the hearing was given, as he, as a trustee for neighboring property, did not receive adequate notice prior to this date.  The letter was disseminated to all Council and Planning Commission members prior to the hearing.)


Lauri Klenk asked what is the reason for the request of zone change to commercial.  Council member Bunker, who owns the property, stated he is looking at following the General Plan of Daniel with rezoning to commercial in the highway corridor.  He stated he has no end state in mind at this point, but any of the approved commercial uses stated in the Code could be the result.  Ms. Klenk said he must have a plan for what he wants to do.  The Mayor stated the approved commercial uses can be found in the Code.  Mr. Bunker stated there is no reason to go to concept approval until the rezoning has been accomplished.  Mayor Turner stated this is the first public hearing simply for the rezone of the property, and future meetings would occur before the Planning Commission and Council when a proposed commercial use is brought forth.

Jordan Russell commented the zoning maps he has seen do not include his property or the Bunker property.  Mr. Bunker stated the official zoning map for Daniel is held in the Planning office and the Town engineer’s office signed by the Mayor and includes all property within Daniel.

Ms. Welch asked if the Weyandt property on the corner of Highway 189 and 3000 South is currently zoned commercial and if Harry Weyandt is still the owner.  Mayor Turner explained Mr. Weyandt at one time had the property rezoned from RA-5 to commercial with the intent of building a commercial facility, but when he did not proceed with the project in a timely fashion, the Council initiated proceedings to change it back to RA-5, which is its current zone.  He is not aware if Mr. Weyandt has sold the property or is still the owner.

Mr. Russell asked how big the easement is along Highway 189 on the boundary of Daniel.  Mr. Bunker stated a new Interlocal agreement has recently been signed with UDOT and he has not received a copy yet with the specifics on it.  There are properties delineated along the easement which cannot have above-ground structures on them.

Council member Glodowski moved to close the public hearing.  The motion was seconded by Council member Blotter and passed unanimously.  Council member Blotter moved to return to the regular meeting, which was seconded by Council member Glodowski.  The motion passed unanimously and the regular session of the meeting was reopened.

Council member Bunker stated the matter will now go to the Planning Commission, who will supply a recommendation for or against the zone change to the Town Council.


Mr. Russell stated he had submitted an application for a permit for a loafing shed at the above address.  The application was denied as there was unfinished business before the Council dealing with business being conducted on the property, with or without a license.  He stated he has a dumpster business licensed with the State and operated under Wasatch County, but considers the truck and dumpsters personal property.  The Prigo Farm and Fungi business has previously been licensed within Daniel but has recently moved the business as it is growing in size.

Council member Glodowski asked the size of the dumpsters.  Mr. Russell said they are 20-footers about eight feet tall.  Mayor Turner is concerned that Mr. Russell states the trailers are personal property and not part of a business but are being stored on the property and seem to come and go.

Council member Bunker stated the permit was denied initially because Mr. Russell had been invited to a Council meeting to explain what business(es) was being conducted on the property and he failed to appear.  A permit was not going to be granted until the issues were resolved.  Council member Blotter asked whether Mr. Russell is clear on what needs to happen in order to be issued a permit.  Mr. Russell said he has applied for an 800-square-foot building and is unsure what he needs to do to receive a permit.

Commissioner Grose asked if there is business being conducted on the property.  Mr. Russell restated no business is being conducted there at this time.  Commissioner Binkerd asked if he plans to store dumpsters or other equipment in the shed.  He stated it is solely for livestock use, hay storage, and room for a tractor.  There will be no power or bedrooms.  It is planned to be placed in the middle of his lot meeting all setbacks set forth in the Code.

Council member Bunker asked the Council if he can now move forward with issuing a permit for the ag building.  Mayor Turner answered in the affirmative.


Mayor Turner explained cancellation of the election is a legal formality with the State as each vacant office had a single candidate apply and, therefore, no election is necessary.

Council member Bunker moved to approve Resolution DR-2017-09-11A to cancel the election, which was approved by Council member Blotter.  The motion passed with all “aye” votes.

Mayor Turner read the resolution into the record, and all Council members present initialed to approve its acceptance.


Planning Director Bunker stated no new or renewal applications were filed during the past month.


Council member Bunker stated the agreement had been sent to all Council members for review and mentioned it does not have to be signed.  Those municipalities that do sign are merely stating their support for fast-tracking the process by which canals are replaced with pipelines.  Much of the redtape is eliminated requiring approval of many Federal agencies as long as all conditions are met.  Mr. Bunker stated he has been invited to the meetings and has been involved in the creation of the agreement.

Bret Williams asked if there are any open canals remaining in Daniel.  Council member Bunker mentioned there are still some ditches remaining, but FEMA funds are going to be limited in the near future.  Most ditches are the responsibility of the irrigation companies and will be dealt with by them.  Mr. Bunker stated it would have been nice to have input from DIC, but they did not attend the meetings.

Council member Glodowski moved to have Daniel Town sign the Programmatic Agreement.

Bret Williams asked specifically about the Little Sweden ditch.  Council member Bunker stated DIC owns the easement on it and will most likely petition to have it piped.  Mr. Bunker further stated the Wasatch and Timpanogos easements are owned by the Bureau of Reclamation.

Brandon Larson asked if the Storm Haven canal will be part of the process.  Ryan Taylor said it is a stream and does not qualify under this agreement.  Council member Bunker added because there was a raptor bird nesting in the area it would not qualify, and the DIC in enclosing the canal had to work around the bird’s presence.

Council member Bunker seconded the motion, which passed unanimously.


Mayor Turner stated he has received an engagement letter from Gilbert & Stewart.

            Council member Glodowski moved to engage Gilbert & Stewart to perform the 2016-2017 fiscal audit, which was seconded by Council member Blotter.

Council member Bunker asked if the motion included the $5,000 amount if the Town does not qualify for the Agreed Upon Procedure at the $3,500 amount.  Council member Blotter said just move for the engagement without an amount stated.

The motion passed with all “aye” votes and Mayor Turner signed the engagement letter.


Kim Norris stated he had used his backhoe on the road up to the pumphouse for weed control.

Mr. Norris then said 30+ percent of the water agreements have not been signed and returned to DMW, which can become problematic when trying to collect unpaid amounts, especially if legal action is required.  Mayor Turner stated his understanding is some did not want to sign with a paragraph allowing DMW personnel to enter onto property to repair or maintain the waterlines.   Mr. Norris has spoken with David Hartvigsen, one of the Town attorneys, about unpaid bills and a new owner is not required to pay back fees from a previous owner.  When the Town is aware of a closing through a title company, the title company should collect unpaid water bills from the previous owner at the time of closing.  However, if the property is closed on, perhaps in a foreclosure proceeding, and unpaid amounts are not collected from the owner, the Town must write off the amount.  A lien should be placed on the property if we are aware that this is the case during a foreclosure proceeding.  Out-of-state title companies handling a sale or foreclosure often do not notify the Town of such.  Mr. Norris feels if DMW does not collect outstanding amounts and has to write them off, it places an additional burden on paying customers to keep the financial picture healthy, perhaps necessitating a water rate increase.

Mr. Norris would like to have access to a local attorney, rather than one located in Salt Lake City, to handle mechanic’s liens being placed on properties if necessary.  He mentioned two properties are currently in foreclosure and could be sold with no lien in place.  He further stated approximately 70 out of 208 residences have no signed agreements in place.  If there is a signed contract in place at the time of foreclosure, attorney fees can be sought from the home- owner.

Bret Williams asked how many people are defaulting on paying water bills.  Mr. Norris stated 10-15 have their water turned off on a quarterly basis.

Mayor Turner stated he will consult with Mr. Hartvigsen and make this an agenda item for next month.


Mr. Norris said a Storm Haven resident was having trouble with pressure at his home.  It was found that no pressure regulator existed on the meter and the meter was removed to be checked.  Moss and roots had entered the meter and prohibited the flow of water.  This is an indication that roots are moving through the system.  He stated one way to slow this process is by chlorinating the water.  He is afraid two or three more meters will be affected in a short period of time and will require cleaning out also.  If chlorination is instituted, it must be administered over time, not in a single blast.  In speaking with Storm Haven residents, he is aware most do not want the system chlorinated.  This problem will have to be closely monitored.


Mr. Norris stated he is pleased to see so many residents present for the discussion.  The Mayor asked Mr. Taylor if he had any new information on the state of the sewer.

Mr. Taylor said it has been fairly quiet for the past month.  He mentioned on the water sampling in August, the presence of bac-T appeared and the State officials had come out to examine the system and sampling procedures.  Two letters had come been written to the Town from DEQ and points added onto the IPS which could lead to EPA involvement unless Storm Haven is able to obtain an operating permit for the well, which has not been in existence for the past 30-40 years.  They have asked for a letter of consent stating the issues will be addressed.

Brandon Larson inquired what issues need to be remedied.  Mr. Taylor said to fix all issues a new well must be drilled to obtain an operating permit.  A temporary permit could be issued on the existing well, but funds would be better spent on the drilling of a new well as a permanent resolution.

Council member Glodowski asked the price of drilling a well.  Mr. Taylor stated in applying for this year’s CDBG funds, a figure of $250,000 was used, but it would have been tight.  Mayor Turner stated that did not include a tank or any other improvements.  The study conducted a few years back showed a figure needed of $2.5 million for the well, a storage tank, and replacement of waterlines.

Council member Bunker asked the proposed depth of a new well.  Mr. Taylor said they anticipate going 300-400 feet, where the existing well is at 120 feet.  The current well has a grout seal at 30 feet, but the depth for such on a municipal well is 100 feet.  If a grout seal was added to the existing well at 100 feet, it would only leave 20 feet and the well would not be able to produce the necessary water for 50+ homes.  Mr. Taylor stated three bids were obtained to prepare the application for government funding.  Drilling of a municipal well requires more standards be met as compared to a private well for a residence.  There is the need for more licensing and bonding, as well as more depth, a different type of screen, and a larger casing.

Mayor Turner presented Resolution DR-2017-09-11B.  He asked Mr. Taylor where the rates contained therein were obtained.  Mr. Taylor explained in a previous table prepared for Daniel Town, a rate schedule was determined for water and sewer rates.  He recommends an increase from $16 per month to $40 on the sewer and an increase from $35 to $45 on the monthly water rate, with a tiered schedule for overuse amounts.

Mr. Larson asked what is the problem in the two areas identified by inserting a camera in the past.  Mr. Taylor stated they have found cracks in the pipes and gaskets that have failed, root intrusion which limits the ability of moving a camera through certain areas.  Paul Dinga asked if there are roots or broken pipes.  Mr. Taylor is unsure if the pipe was broken and allowed roots to enter or if the roots actually broke the pipe.  Either way the pipes need to be replaced on a continual basis.

Mayor Turner read Resolution DR-2017-09-11B into the record dealing with new sewer and water rates.

Council member Glodowski moved to accept Resolution 2017-09-11B.

Brent Waterman stated these rates appear to be less than recommended in Mr. Taylor’s presentation in August.  Mayor Turner said $40 for sewer is what was talked about.  The overage amounts on water usage had been discussed with different figures.  Mr. Taylor added the $40 amount was if the system is improved in sections and not replaced all at once, where a higher $60 amount was mentioned.  Paul Dinga asked if the $40 amount was for all of Daniel or just the 18 homes in Storm Haven.  Mayor Turner stated the DMW water system was put in place in 2009, but there is no other sewer in existence in Daniel.  The increase in water rates is for the Storm Haven water system only and not Daniel Municipal at this time.  It is two different water systems.  DMW is still at the $35 per month rate.

Don Hyde asked about the handout used by Mr. Taylor in the August meeting, thinking the expenses listed did not warrant an increase to $40 per month.  Mr. Taylor explained the budget was prepared at the end of 2015 when Daniel Town acquired the system, and the projections were wrong.  The Town lacked enough historical information at the time.

Mr. Larson asked Ryan if he used the total number of residences in Daniel to come up with the projections, or only the 18 connections in Storm Haven.  Mr. Taylor said he only used the 18 connections because that is the only sewer in existence in Daniel and the rates paid by homeowners are a consideration when applying for grant monies.  Council member Bunker pointed out the DMW rates were raised at the time grants and loans were obtained to replace the old Daniel Domestic Water system, and the higher rates must remain in place as long as there is an outstanding bond in place.  DMW just made one of two annual payments to the State Finance Department for over $39,000.

Bret Williams said the proposed rates for Storm Haven put them above rates charged to Daniel Municipal customers.  Council member Blotter stated as far as the sewer goes, with no other sewer in place in Daniel, new homes being built must install septic tanks with their own funds and no contribution by the Town.  Mr. Williams suggested that an individual system may be an answer for him personally, but Council member Bunker reminded residents that not all lots in Storm Haven are conducive to an individual system and it would have to be investigated.

Council member Blotter seconded the motion on the table.

Council member Blotter asked the public what they think is a reasonable way for all of Daniel to participate in the sewer upgrade/replacement issue.  Many residents commented to put this burden on the 18 connections is a hardship and would like some help.  The Mayor said when the Town took over the system, it was with the understanding Daniel would work with residents and repair/maintain as much as possible.  The Town did not have to accept the acquisition and the State could have come in to do needed upgrades.  If that had occurred, the State would look to each property owner for payment or would then lien each property on the system to eventually get their money back.  Daniel took on the endeavor in the hope of obtaining grant and/or loan monies to be used for the upgrades.

Kim Norris cited the example where, in years past, flooding occurred in Storm Haven and bridges needed to be repaired.  Daniel was able to get a $250,000 grant to do the repair work.  In 2017 CDBG grant monies were obtained and used to put in a new pump in the Storm Haven well and replace all the water meters on the system.

Ms. Dinga asked that a handout be provided to the people on the sewer stating what should NOT be flushed in order to protect the system better.  Ryan will obtain such a handout from the Health Department to be enclosed in the monthly bills.

Mrs. Larson asked if Storm Haven residents are going to have to pay for bringing the Storm Haven water into Daniel, connecting it as one system.  Mayor Turner stated the long- term goal is to have one continuous water system within Daniel, but for now each system needs to be brought up to spec in their own right.

Mr. Norris mentioned that a few homes within Daniel are on a third system called the Billy Bethers system under the management of Twin Creeks.  He mentioned in the past it was in poor condition also and management came in and upgraded it and then placed liens on the homes connected to that system.  Council member Bunker said at the time of sale of any of those homes, a lien in the tens of thousands of dollars will have to be paid off.  He also stated the management of that system has approached Daniel to take over that system, which lies between Storm Haven and Daniel Municipal Water.  This system is located along Little Sweden Road, and Ryan estimates there are maybe 20 connections, but it has reached its capacity.

Mr. Williams asked if the rates are increased and residents are paying higher fees, what happens if the system still fails?  The Mayor said Daniel realized that could be a possibility from day one.  The State would then get involved and they could declare the homes are uninhabitable and must be vacated.

Don Hyde inquired about comments made by Ryan at the last meeting where, as the Town of Independence further develops, Storm Haven residents could possibly hook into their system.  He wonders if growth is taking place now to make that happen in the future.  Ryan stated Independence’s long-term plan shows that being a possibility, but even if residents do hook in, a collection system would have to be maintained in Daniel.  It would be the drain fields that would be eliminated.

Penny Hyde asked if neighbors could get together and replace pipe as necessary, or does the work have to be done by a professional contractor.  Ryan stated some things could be done as a neighborhood with some oversite, but some lines are 10-13 feet deep requiring heavy equipment and skill to work on the pipes in a safe manner.  However, as a municipality, he recommends using skilled professional people to do the work.

Don Hyde asked what the $40 per month does in the big picture for their system.  Ryan said it helps build the bank account to deal with the two areas already identified as problem areas, and work on a design for upgrade to provide to the DEQ.  He recommends following the table of incremental increases to show the State we are trying to comply and give us a shot at grant monies in the future.  Ms. Dinga asked when work on the two problem areas is scheduled to take place, now or in the spring.  Ryan replied in the spring as DEQ approval will have to be obtained.

Mr. Williams asked if Daniel will continue looking for grant monies in the meantime.  Mayor Turner answered yes.  We were denied this year, but the applications continue on a yearly basis.  He is concerned if they start putting in more money and then the system fails, residents are out a lot of money.  Council member Glodowski said people on the system need to better understand what should and should NOT be flushed into the system to prolong its life.  If it does fail, on an emergency basis loan monies can be obtained, bonded by the Town, and Daniel will deal with it.  The hope is grant monies will become available again in the near future.

Council member Blotter thanked those present for coming and welcomed them to future meetings.  Any ideas they have would be welcomed by the Council.  Mayor Turner stated although there are two different water systems, we are one Town and want to work together for the good of all.

Mayor Turner asked for a vote on the motion.  The motion passed to adopt Resolution DR-2017-09-11B with the following vote:  “Aye” votes from Mayor Turner, Council members Blotter and Glodowski, and a “nay” vote from Council member Bunker.

Lisa Dinga asked when the new rates will be billed.  Mayor Turner stated when October charges are billed at the beginning of November, they will be billed at the new rate.  Mr. Williams asked why the base rate of 8,000 gallons cannot be increased as many end up paying overuse charges.  Council member Bunker stated the well cannot produce any more water than it is currently, which is why a new well needs to be drilled and a large storage tank used to disseminate more water to each resident.  Mayor Turner stated there is a moratorium in place because no new connections should come onto the already maxed out system.  Lots where there is a meter present and a water bill is being paid monthly can build a home and hook into the system.  No others can hook into the present system.  Kim Norris suggested residents could look into purchasing a share of DIC water if the irrigation line is close enough to their home.


Mayor Turner asked for comment on where people would like signs placed and the wording.  Pam Skinner would like wording added to the Dead End sign on Ranch Drive to the effect of No Through Street, and No School Access signs placed at the intersection of Teancum and Ranch Drive and also Ranch Drive at 3000 South.

Speed limit signs on Ranch Drive, Teancum, more on Little Sweden Road.  Diane Grose suggested signs of Children at Play or Narrow Road Ahead on Little Sweden as well.  She complained of semitrucks and large vehicles, travel trailers, speeding on Little Sweden.

Council member Bunker stated speed bumps are not welcomed by the snowplow drivers.  Council member Glodowski mentioned possibly using a movable speed bump.  Teri Welch asked if weight limits could be placed on certain roads.  Council member Bunker said Class C road funds are taken away if you limit the weight and/or size of vehicles.  Reclassification of roads may have to occur if speed limits are imposed different than they are currently.

Dan Dearden mentioned vehicles speeding on 3000 South and could we get more enforcement of speeds posted.  Council member Bunker stated municipalities pay to have the County sheriff patrol their streets at an hourly rate.

Lisa Dinga would like to have a sign replaced that said Speed Limit 15 – Slow Children at Play that was knocked down when DIC did their pipeline work in Storm Haven.  As an existing sign it should be replaced by the County at no cost to the Town.

Council member Glodowski inquired about the mobile signs that record your speed as you approach.  He thinks this makes people mindful of their speed and causes them to slow down.  Once again, enforcement would become an issue for speeders.  Council member Bunker said adding such a sign on Little Sweden would make the situation even more dangerous.

Council member Bunker said Stop Ahead signs are needed on 3000 South in two places where a stop sign is located further up the road.  These are required by law.  Ryan Taylor said the reflectivity of signs probably should be checked as Daniel is looking at replacing some signs, as they fade over time.  Pam Skinner said the stop sign on Teancum at Daniels Road has been hit and is propped up poorly, should be fixed.

Jaye Binkerd asked who should be called if a resident notices a sign needs some attention.  Ryan said to call dispatch at the County Sheriff’s Office, as it is a traffic issue, and it will be dealt with.

Jaq Shindurling expressed concern that people do not stop at stop signs, again requesting more enforcement.  Once again, Mayor Turner stated Daniel can pay to have patrol cars present to watch for violators.

Mayor Turner has made a list of signs requested and will have this on October’s agenda to finalize what signs the Council wants to order.


Planner Bunker stated it was a busy month with multiple issues being dealt with.  One is the Clyde building permit was finalized and it is on track as far as inspections occurring.

Demolition of a trailer at the trailer park on the corner of Daniels Road and 3000 South had taken place, and Stop Work orders had been placed on two other trailers.  Ryan will research records to find what has existed historically and use shortcuts to keep costs down.  Planner Bunker will issue a letter to the owner of the trailer park citing violations.

Next Mr. Bunker directed attention to a complaint received from the HOA on Ranch Drive where a new landowner is apparently storing landscape business inventory.  The HOA has met with the individual to no avail.  The Council instructed Planner Bunker to draft a violation letter to the landowner where he is running a business from a lot where no home exists, against Daniel Code.

Mayor Turner wants to hold off on fences out of compliance for the time being.  Council member Bunker cited Code 8.27.28(4) for those who want to read the code on fencing violations on corner lots.


Mayor Turner stated the three paragraphs yet to be reviewed are 8.25.06(k), (n) and (o).  After the language is finalized by the Council, the Amendment will be sent back to the Planning Commission for review.

The first paragraph which had not been revised from the previous month was 8.25.03(k).  It was suggested “tractor-trailers” be placed in the list of equipment included.  A concern with the language here is many residents have pieces of equipment for personal use on their property and this paragraph only deals with large equipment used as part of a business.  The following revision was considered:  “Large industrial equipment such as backhoes, trackhoes, mini trackhoes, skid steers, tractor-trailers, and lifts will be allowed at a ratio of one unit per acre limited to 3 coming and going”…”are not allowed” is felt to be too strict.   Visual barriers were considered.  Lot size should be a factor as well as what is a nuisance to neighbors.

Council member Bunker moved to continue, which was seconded by Council member Glodowski.  The motion passed unanimously.

The clerk asked the Council, as they review the remaining paragraphs of “Amendment A” to the Home Occupation code, to consider how it should be numbered to be included in the entirety of the Daniel Code, as you do not want to have duplicate numbering, such as 8.25.


             Council member Bunker moved to approve the minutes of August 7th.  The motion was seconded by Council member Glodowski and passed with “aye” votes from the Mayor and Council members Bunker and Glodowski, and an abstention by Council member Blotter.


Change of October meeting date was discussed first.  As two Council members could not attend on the 9th, the date will not change and the October meeting will be held on the 2nd.

The clerk presented the warrants for September for Daniel Town and both water companies.

             Council member Blotter moved to accept the warrants as presented.  The motion was seconded by Council member Glodowski and passed unanimously.


            Council member Glodowski moved to adjourn the meeting, which was seconded by Council member Blotter.  Mayor Turner adjourned the meeting at 9:20 PM.

Lynne Shindurling









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