Council meeting minutes April 1, 2013

Daniel Town Council Meeting

Monday, April 1, 2013 at 6:00 PM

Wasatch County Services Building, Room 126

55 South 500 East, Heber City, UT

Quorum present: Mayor Michael Duggin, Council members Eric Bunker and Kasey Bateman were present at 6:00 PM when Mayor Duggin called the meeting to order. Council member Jon Blotter arrived at 6:07 PM. Recorder Merry Duggin was present to record the minutes. Treasurer Sherri Price was also present.

Members of the public in attendance:  Kasey Peterson, Lindsay Parker, Lambert Deegan, John Glodowski, and Ryan Taylor.

1) PUBLIC COMMENT CONCERNING ANY ISSUE NOT ON THE AGENDA

Ms. Kasey Peterson introduced herself and discussed a possible adult substance abuse program that her company Sundance Ridge would like to establish in Daniel.  The residence would have 24 hour staffing and a part time therapist for the residents.  The program would not accept adults with severe behaviors or sexual abusers.

Council member Bunker referred Ms. Peterson to the Daniel Municipal Code 8-17-21 and explained that based on the application information submitted by her company to the Town, this use would be a conditional use in the RA-5 zone.  He explained that letters will be sent to property owners within 500 feet of the location for the proposed program at 1766 E. Little Sweden Rd.  A public hearing will be required if a negative response is received from any property owner.  He also explained that our Code  allows 8 unrelated residents to occupy a residence.

4) UTAH NATIONAL GUARD REPRESENTATIVE HAS REQUESTED AN OPPORTUNITY TO ADDRESS THE COUNCIL

Capt. Mark Buffington and Lt. Michael Williams of the Utah Army National Guard were present to inform the Council about a program for support of our servicemen and women and their families called “Community Covenant”.  While not requesting any particular funding or services, this program could allow communities the opportunity to find ways to support these soldiers and military families while on active duty, and Capt. Buffington is hoping to have all communities in Wasatch County agree to join this network.  Mayor Duggin and the Council thought that Town of Daniel would be interested in supporting this program, and Mayor Duggin asked for more information concerning the specific paperwork.  Capt. Buffington and his office will send the Town additional information and documents.  Memorial Day weekend has been targeted for a signing ceremony for those communities signing the covenant.

2) BUSINESS LICENSES

Mr. Jerry Smith residing at 2896 S. Daniels Rd. has requested a home occupation license for a small engine repair business.  Mr. Smith was present to answer questions, and the Council agreed that this is a business that many Daniel residents will welcome. Council member Turner moved to approve this business license.  The motion seconded by Council member Bateman was approved by the following vote:  Mayor Duggin, aye; Bateman, aye; Blotter, aye; Bunker, aye; Turner, aye.

3) APPROVAL OF MINUTES FOR February 4, 2012 MEETING

Council member Blotter requested that “or Daniel Municipal should not read its meters in the winter.” be removed from the draft minutes as he did not feel that this sentence actually reflected his opinion.  There was no objection from the other Council members.

Council member Bunker moved to approve the February 4, 2012 minutes with this requested change.  Council member Blotter seconded the motion, and the minutes were approved by “aye” votes by Council members Turner, Bunker, Blotter and Mayor Duggin.  Council member Bateman did not vote because he was absent from the February 4 meeting.

5)  DISCUSSION OF THE PROPOSED WASATCH COUNTY AQUATICS CENTER

Council member Bunker led this informational discussion concerning a possible $25 million aquatics facility that may be built and maintained by Wasatch County.  The Wasatch County Council will hold 3 public hearings to receive comment before deciding if this issue should be placed on the November 2013 ballot for bonding approval.  All persons are encouraged to attend one or more of these hearings to voice their opinions.    Council members Bateman and Turner and Mayor Duggin expressed opposition to  bonding for such a facility, and Council member Turner wondered if the Daniel Town Council might send a Town position statement to the County Council.  No position statement was drafted at this meeting.

6) PLANNING COMMISSION VACANCY APPLICATION REVIEW AND POSSIBLE APPOINTMENT OF NEW MEMBER TO THE PLANNING COMMISSION

Council member Bunker informed the Council that he had received two letters of interest for the vacancy on the Planning Commission due to the resignation of Barry Hobbs.  Those letters were sent by Ms. Lorie Hobbs and Ms. Pam Skinner.  Ms. Skinner was present and introduced herself and outlined her interest in the position.  Ms. Hobbs was not present.

Council member Bunker moved to appoint Ms. Pam Skinner to the Planning Commission to serve in the vacant seat left by Barry Hobbs’ resignation.  This motion was seconded by Council member Turner.  In discussion, Mr. Bunker shared his opinion that Ms. Lorie Hobbs has valuable skills and experience that would be very beneficial to the Board of Appeals, and she has agreed that she would be willing to continue to serve as a member of that board.

Mayor Duggin called for a vote on the motion.  The motion passed with “aye” votes from Council members Bunker, Blotter, Bateman, Turner and Mayor Duggin.

7) PLANNING REPORT

The Council discussed a complaint from Stephanie Woolstenhulme concerning the use of a trucking business located on property adjacent to her property on Highway 40.  Council member Bunker has discussed previous complaints made by Ms. Woolstenhulme with the owner of the trucking business, and Mr. Bunker can find no evidence that this business is not in compliance with a continuous use of this property.  Mr. Bunker does not believe that the Town would have any legal grounds to move forward with this complaint against this business owner.  Council member Bateman stated that just as Ms. Woolstenhulme has property rights, so does the adjacent property owner, and his rights should be recognized.

DANIEL MUNICIPAL WATER ISSUES

a)MAYOR DUGGIN WILL REPORT ON THE RURAL WATER CONFERENCE IN ST. GEORGE FEB 26-MARCH 1

Mayor Duggin reported that Daniel Municipal Water appears to have friendly relations with the Utah Division of Drinking Water as a result of our recent water project, but future funding by the State Revolving Fund administered by Drinking Water will be much less available due to lower Federal funding.  Daniel Municipal Water should be aware of this and be financially able to sustain itself.

He discussed a session that he attended on Impact Fees, and Mr. Kim Norris asked about a session conducted by Kent Jones, State Engineer, on new legislation affecting water rights in Utah.  Ms. Merry Duggin had attended that water rights session and shared some of this information.  The State Engineer’s office is in the process of trimming the water rights of some people in the state who have not complied with current water rights law.  She encouraged everyone to ensure that they have filed all the paperwork necessary to protect his/her rights.

Mayor Duggin received the “Extra Miler” award from the Rural Water Association of Utah at the St. George conference, and the plaque that he received will be placed on the wall of the new pump station for all to enjoy.

  1. b) DISCUSSION OF WINTER WATER RATES. COUNCIL MAY TAKE ACTION TO ADJUST RATES.

Mr. Kim Norris has proposed a new water rate schedule to address current over usage charges that would reduce the rates for users of more than 50,000 gallons per month.  In the new schedule, anyone using more than 50,000 gallons per month would pay $3.50 per 1,000 gallons rather than the current $4-$5 per 1,000 gallons.  Mr. Norris believes that low water users are subsidizing high waters users, and he also believes that to be unfair. This new schedule would reduce revenues to the system, but it is unclear by what amount.  The Council supports this rate adjustment, however, Ms. Duggin has requested additional time to review the history of the system to see if the decreased revenues would be sufficient to meet the financial needs of the system.

Ms. Sherri Price asked what monthly water fee should be charged to the  property on 3000 South recently purchased by the Wasatch County School District.  It was determined that the regular $35 monthly fee would be appropriate until the Wasatch County School District requests a larger line and meter on that property.  It was determined that a new school would require a larger water line and meter which would trigger a new connection fee, and there would be an increased monthly rate once the larger line is installed in the future.  It’s possible that the School District may request that the current service be terminated.

In a discussion concerning what would trigger a commercial rate, the Council considered the size of the water line to the building.  Council member Turner moved that any line larger than ¾” should be considered to be commercial.  The motion was seconded by Council member Bateman.  The motion passed by the following vote:  Duggin, aye; Bateman, aye; Turner, aye.  Council members Blotter and Bunker voted nay.

Council member Blotter left the meeting at 7:47 PM just prior to the following motion and vote.

Council member Turner moved to continue the water rate discussion.  Council member Bateman seconded the motion, and Council members Bateman, Turner, Bunker voted aye along with Mayor Duggin to continue this discussion to the next meeting.

8) RECORDER’S OFFICE:  WARRANT APPROVAL, ANNOUNCEMENTS AND COURT UPDATES, ETC.

Ms. Duggin informed the Council that the eminent domain and Daniel Domestic lawsuit with West Daniels Land Association have been resolved in favor of the Town and the decrees have been recorded with Wasatch County.  This should result in a reduction of future legal fees charged by our town attorney.

Council member Bateman moved to approve the warrants as presentedCouncil member Turner seconded the motion, and the motion passed by the following vote:  Bunker, aye; Duggin, aye; Turner, aye; Bateman, aye. Council member Blotter was not present and did not vote.

9) ADJOURN

Council member Turner moved to adjourn.  After a second from Council member Bateman and a unanimous vote by the Council members present, Mayor Duggin adjourned the meeting at 7:57 PM.

Merry Duggin,

Recorder

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