Town of Daniel
Town Council Meeting and Public Hearing Minutes
April 6, 2009
Wasatch County Services building
Room 132
55 South 500 East
Heber City, Utah
5:30 PM
The regularly scheduled meeting was called to order by Mayor Michael Duggin at 5:30 PM. Quorum present: Mayor Duggin, Council members Heather Bateman, Eric Bunker, and Gary Walton. Recorder Merry Duggin was present to record the minutes. Council member Jon Blotter arrived at 5:31 PM.
Members of the public signing as being in attendance: Kim Norris, Travis Popp, Lambert Deegan, Keith Bates, Mike Ashby, Renee Anderson, Chris Anderson, Norm and Pam Sperry.
1) BUSINESS LICENSES
Travis Popp of 3219 S. Daniels Rd. was present to request a new license for a Fishing guide service which he operates out of a shop in Park City. Mayor Duggin moved to approve the license. The motion was seconded by Council member Walton, and the license was approved by a unanimous vote.
Kinsie Wall representing herself and her husband Brandon for their upholstery business, Brandon’s Majestic Interiors LLC, requested a license for this business which mostly operates on site. Only office work would be occurring at their home at 55 W 3000 South in Daniel. Mayor Duggin moved to approve the license. The motion was seconded by Council member Blotter, and the motion to approve passed by a unanimous vote.
Mike Ashby of Timberline Distributing at 3340 S. Big Hollow Rd. requested a renewal of his license in transferring from Wasatch County’s licensing. Mr. Ashby’s business currently provides night crawlers and bait for fishermen. Mayor Duggin moved to approve the license, and Council member Blotter made the second. The motion to approve passed by a unanimous vote.
2) CONSIDERATION OF A REQUEST FROM MIKE PETERSON FOR RELEASE OF A $25,000 LANDSCAPE BOND
Council member Bunker explained to the Town Council that Mr. Peterson had posted his landscape bond with Wasatch County during the transition period in which Daniel Town was assuming responsibility for its own planning and zoning. The County is still holding the bond and won’t release it unless it has the consent of the Daniel Town authorities. Mr. Bunker also explained that the project is now on hold due to the current downturn in our economic environment. Mr. Peterson would have to post another bond when he seeks permits from Daniel Town. Council member Walton moved to send documentation to Wasatch County to release the landscape bond to Mr. Peterson. The motion was seconded by Council member Blotter, and the motion passed by a unanimous vote.
3) DISCUSSION AND POSSIBLE ACTION CONCERNING A RECOMMENDATION FROM THE DANIEL PLANNING COMMISSION FOR A MORATORIUM CONCERNING W.E.C.S. (Wind energy conversion system)
Mayor Duggin had previously requested that the Planning Commission evaluate the possibility for windmill energy concerning the Town’s residents. Council member Bunker had done a great deal of research into a possible ordinance governing windmills which he presented to the Town Council. He also presented a letter from the Planning Commission requesting a 6 month moratorium on accepting applications for windmill installation to allow the Planning Commission enough time to review and recommend a well thought out ordinance. After discussion, the Council agreed that several items should be considered in drafting an ordinance, including but not limited to the following: 1) minimum of 5 acres zoning should be required for installation; 2) setbacks should be determined to place the windmill in the middle of the owner’s property; 3) views of neighbors should be protected; 4) 60 foot height should be considered; 5) sound (db) measurements should be well researched and critical verbiage must be used; 6) towers without guy wires should be considered; 7) number of windmills per property must be addressed.
Mr. Mike Ashby commented that he hoped that the Town Council would consider approving windmills for landowners who have enough space. He believed that it would be good for the community to use “green” power, and he felt that it was the “wave of the future”. Mayor Duggin agreed that we need to look forward to the time when we would allow windmills, and he asked that the Planning Commission take another look at a proposed ordinance. Council member Walton moved to establish a 6 month moratorium on accepting applications to approve windmill installations to allow the Planning Commission to conduct further research and recommend an ordinance on W.E.C.S. (wind energy conversion systems). Council member Blotter seconded the motion, and the Council voted unanimously to approve a 6 month moratorium.
4) DISCUSSION CONCERNING THE DANIEL GENERAL PLAN AND LAND USE PLAN IN PREPARATION FOR THE PUBLIC HEARING ON THESE PLANS SCHEDULED FOR APRIL 15, 2009.
Council member Bunker informed the Town Council that we are required by law to update our General Plan periodically. The Public Hearing for comment and input from the public is set for April 15, 2009. On the same evening, we will conduct our second CDBG Public Hearing. Mr. Bunker asked the Town Council to review the current Plan and submit any comments to the Planning Commission for the Public Hearing and also asked the Recorder to post the Public Hearing on the website, suggesting that anyone unable to attend the Public Hearing could submit comments by email through the website.
5) DISCUSSION, CONSIDERATION AND POSSIBLE APPROVAL OF AN INTERLOCAL AGREEMENT WITH WASATCH COUNTY FOR A JUSTICE COURT
Mayor Duggin reminded the Town Council that this issue had been considered and approved by the Council in June 2008, but because of some unilateral changes that had been made to the interlocal agreement by the Wasatch County Manager, Mayor Duggin had elected not to sign the agreement presented to him by the County at that time. Mayor Duggin proposed pursuing this interlocal agreement again and asked for direction from the Town Council. Council members agreed that he should move forward with some suggested changes. Council member Walton had a question about our county taxes already paying for some of these court expenses.
At this point, the Mayor decided to take agenda items out of order.
6) COMMITTEE REPORTS
Planning—Council member Bunker reported an increase in permit applications. There are some problems in permits issued by Wasatch County before Daniel became a town and requirements that were issued before 2002.
Snowplow—Recorder Merry Duggin reported that fees paid to Wasatch County for snowplow services have exceeded $16,000 for the 2008-09 Winter season. The Council may consider buying its own snow plow next year.
Recorder’s Office—The municipal energy tax enacted by the Town Council which took effect in January 2009 is currently providing approximately $2400 in new revenue per month to the Town. This will diminish during the summer months when the residents use less energy. In the lawsuit brought to Daniel Town, WDLA and Daniel Town had a hearing in the Fourth District Court on March 6, 2009. Judge Pullan issued a written decision on March 20 in which he granted a partial summary judgment to the Town and also allows limited discovery by WDLA attorneys. Depositions concerning five issues will be conducted May 5, 2009. The judge denied the motion for summary judgment requested by WDLA.
7) APPROVAL OF MINUTES OF MARCH 2, 2009
Council member Bunker moved to accept the minutes as presented. Council member Walton seconded the motion, and the motion passed by a unanimous vote.
8) DISCUSSION OF CDBG GRANT AND WATER COMPANY PROJECT. NOMINATION AND APPOINTMENT OF PROJECT MANAGER FOR THE CDBG PROJECT.
Mayor Duggin began the discussion by reminding those present that the Town has received $318,000 from CDBG and that the Town is currently requesting financial assistance from the Utah Division of Drinking Water which could enable the Town to make great strides in improving the municipal water system if received. The mayor suggested that we could possibly run 10” water lines to our town borders and allow other municipalities the option of hooking into our lines to allow for adequate fire flows after the new tank is built. Mr. Bunker noted that this is the sort of cooperative agreement in which many areas share resources. Mr. Ryan Taylor, our town engineer, suggested that we want to build a new 800,000 gallon tank and retain the current 80,000 gallon upper tank to allow for redundancy in the system. Mayor Duggin asked for permission to allow a survey to be completed to begin our request for condemnation of property for the new upper tank to be built. Council member Bunker asked for a special meeting to discuss what we would be doing.
In the discussion concerning the project manager, Council member Bunker moved that the town form a committee consisting of Mayor Duggin, Boots Crisler, and Kim Norris to oversee the CDBG project and follow on to the Division of Drinking Water project. This motion was seconded by Council member Blotter, and the Council voted unanimously to approve this committee. Later in the meeting Council member Walton suggested adding Council member Blotter to the project committee. Mr. Bunker withdrew his previous motion, and Mr. Walton moved that the committee be formed to oversee the projects and consist of Mayor Duggin, Boots Crisler, Kim Norris, and Council member Blotter, and he added that 2 of the 4 members should be required to sign all of the necessary paperwork submitted to authorities. The motion was seconded by Council member Bunker. The Council voted unanimously to approve this 4 member committee.
In discussion, Mr. Lynn Crisler, chairman of the Municipal Water Board, asked the Council for direction in enforcing efforts to shut off the water of customers who had repeatedly not paid their bills despite many warnings. Mr. Walton, also a member of the Water Board, asked the Town Council to sanction the actions of the Water Board.
9) ADJOURN
Council member Bateman moved to adjourn the meeting. Council member Blotter made the second. The Council voted unanimously to adjourn, and the Mayor dismissed the meeting at 8:37 PM.
Merry Duggin,
Recorder