Council meeting minutes April 7, 2008

Town of Daniel
Town Council Meeting Minutes
April 7, 2008
Wasatch County Building
55 South 500 East
Heber, Utah
5:30 pm

Quorum: Eric Bunker, Mike Duggin, Gary Walton
Mayor Duggin opened the meeting at 5:32 pm.
1. Public Hearing for the Parry/3600 South Annexation
Motion – Eric Bunker
To open the Public Hearing
Second – Gary Walton
Passed unanimous
Mayor Duggin explained that this was a Public Hearing
for the Parry/3600 South annexation.
Merry Duggin, Deputy Recorder, explained the process
The annexation went through and that it passed
through all the stages.
John Blotter arrived at 5:35 pm.
Chad Giles thanked the Council for all the work on this
Annexation and asked about who would be responsible
for road maintenance. Mayor Duggin informed him the
county was responsible for the roads. Eric Bunker read
the recommendation from the Planning Review Board.
1 They recommended the annexation be accepted with
RA-5 zoning.
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Motion – Gary Walton
To accept the annexation with a RA-5 zone
Second – Eric Bunker
Eric Bunker yea
Mike Duggin yea
Gary Walton yea
John Blotter yea
Mayor Duggin read the ordinance.
Motion – Gary Walton
To close the Public Hearing
Second – John Blotter
Passed unanimous
2. Appointment of new Planning Board Members
Eric Bunker explained that there were three openings
and the Board received three applications. Therefore
the new Board members are; Ed Pressgrove, Gary
Weight and Barry Hobbs. Mayor Duggin read the
resolution.
Motion – John Blotter
To accept the three new Planning Board
members
Second – Gary Walton
Eric Bunker yea
Mike Duggin yea
Gary Walton yea
John Blotter yea
3. Business License Applications
Brent Waterman presented his application for a
business license. He is an electrical contractor and
runs the office out of his house. He has been in
business since 1985 and is located at 3203 S 600 E
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And Red Rock Trailer Court.
Motion – Mike Duggin
To accept the license application and issue a
license
Second – John Blotter
Eric Bunker yea
Mike Duggin yea
John Blotter yea
Gary Walton yea
5. Committee Reports
Eric Bunker reported that the Planning Board has
several applications in process. He has received phone
calls from residents of the newly annexed areas about
tearing down existing structures and rebuilding. There
is currently an approved application for that and the
owner/builder has 90 days to remove the existing
structure.
Mayor Duggin reported that Epic is close to having a
building inspector on board. At that point, Town of
Daniel will move the entire process to Epic and away
from the County.
Lynn Crisler reported that the process for ascertaining
the water rights of the water company and moving it
into the Town of Daniel is continuing.
Mayor Duggin spoke about UDOT redesignating
Daniels Road because of the Wal Mart project. He said
that UDOT wants to close the north end of Daniels
Road. There was discussion about the plans and
alternatives.
Eric Bunker told the group that the application for the
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group home was at the County. Mayor Duggin outlined
the recent case in Duchene regarding the group home
there. He made a list of all the group homes in the
state and encouraged the public to do their homework.
Ron Hinkley talked about ADA and how broad the
application of it could be. Barry Hobbs asked who our
legal counsel was and what they advised. Eric Bunker
explained how the application process worked.
John Blotter reported on Open Space and the
committee that was formed.
Mayor Duggin stated that Dan Harvath has moved from
Daniel and will resign. There will be an open seat on
the Council and it will be advertised. He is hoping for
applications from residents from the newly annexed
areas.
Merry Duggin reported on the progress with the
newsletter and the annual May Community Meeting.
She said that the Charleston Town Hall is open and
could be reserved for the meeting.
Motion – Eric Bunker
To reserve Charleston Town Hall for May 5
Second – Gary Walton
Passed unanimous
4. Public Hearing for Title 3 and 8
Motion – Gary Walton
To open the Public Hearing
Second – John Blotter
Passed unanimous
Eric Bunker stated we need to start on 8.02.05. There
was discussion about the timing and that zone changes
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were significant.
Motion John Blotter
Leave “C” as it stands
“D” – 0200711 – 2007.00.05 is effective date
Second – Mike Duggin
Eric Bunker yea
John Blotter yea
Gary Walton yea
Mike Duggin yea
2008.03.03 (G) Kennel license
There was discussion of the number of dogs. Five is
currently listed.
Motion – Mike Duggin
Change as published
Second – John Blotter
Eric Bunker yea
John Blotter yea
Gary Walton yea
Mike Duggin yea
2008.03.03 (H) Definition – zoning change
Add (a) and (b)
Motion – Mike Duggin
Accept as amended including (a) and (b)
Second – John Blotter
Eric Bunker yea
John Blotter yea
Gary Walton yea
Mike Duggin yea
2008.03.03 (I) Building inspector or official
There was discussion about the need for a definition if
we use Epic or the County.
Motion – John Blotter
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Accept as defined
Second – Mike Duggin
Eric Bunker yea
John Blotter yea
Mike Duggin yea
Gary Walton yea
2008.03.03 (J) size of signage
The current code allows 16 sq. ft. There was
discussion on the size and what is appropriate in a
residential area.
Motion – Gary Walton
Accept as amended
Dies for lack of second
There was more discussion.
Motion – Mike Duggin
Signage should be 9 sq. ft.
Second – John Blotter
Eric Bunker nay
Gary Walton nay
Mike Duggin yea
John Blotter yea
There was more discussion.
Motion – Mike Duggin
Signage should be 10 sq. ft.
Second – John Blotter
Eric Bunker yea
Gary Walton nay
Mike Duggin yea
John Blotter yea
2008.03.03 (N) Sign ordinance
Motion – Mike Duggin
Change to 10 sq. ft.
Second – John Blotter
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Eric Bunker yea
John Blotter yea
Mike Duggin yea
Gary Walton yea
2008.03.03 (K) setback requirements for buildings with
animals. It is currently 50’ side setback. There was
discussion.
Motion – John Blotter
Keep the 50’ setback
Second – Gary Walton
Eric Bunker yea
John Blotter yea
Gary Walton yea
Mike Duggin yea
2008.03.03 (L) side setbacks for an accessory structure
Or house. There was discussion on whether it should
Be 10’ or 12’.
Motion – Mike Duggin
Change to 12’
Second – John Blotter
Eric Bunker yea
John Blotter yea
Mike Duggin yea
Gary Walton yea
2008.03.03 (M) Bed and Breakfasts
There was discussion on road designations
Motion – John Blotter
Accept 03M as written – add blue line
Second – Mike Duggin
Eric Bunker nay
John Blotter yea
Mike Duggin yea
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Gary Walton yea
2008.03.03 (M) Overnight Rentals
Eric Bunker sated that he asked for legal advice re the
term leaseholder and that he is looking for a legal
opinion. There was discussion on overnight rentals.
Motion – Mike Duggin
Accept as written
Dies no second
Motion – Gary Walton
Accept with “and/or”
Second – Mike Duggin
Mike Duggin yea
Gary Walton yea
Eric Bunker nay
John Blotter nay
Motion – Eric Bunker
Any owner and/or leaseholder who desires to
rent dwelling as short term rental shall
not be allowed to do so.
Second – Gary Walton
There was discussion on if this would stand and
increasing the amount of time the owner must dwell in
the residence.
Eric Bunker yea
Gary Walton yea
Mike Duggin nay
John Blotter nay
Motion – John Blotter
Omit leaseholder
Second – Eric Bunker
Eric Bunker yea
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Gary Walton nay
Mike Duggin nay
John Blotter yea
Motion – Gary Walton
Increase occupancy to 300 days, omit
leaseholder and only owner
Second – John Blotter
Gary Walton amended his motion to
A – as owner only and “and/or” in definition
Second – Mike Duggin
Eric Bunker nay
John Blotter abstain
Gary Walton yea
Mike Duggin yea
Motion – Mike Duggin
Return to Planning to make defendable
Second – John Blotter
Eric Bunker yea
John Blotter yea
Mike Duggin yea
Gary Walton yea
Mayor Duggin stated that prior to minute approval on
the RA-1 zone he withdrew his motion.
Motion – Eric Bunker
Adopt RA-1 zone as currently written as per
County code 16.08.08.
Second – John Blotter
Eric Bunker yea
Mike Duggin yea
John Blotter yea
Gary Walton yea
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Motion – Eric Bunker
To close the Public Hearing
Second – Gary Walton
Passed unanimous
6. Minutes
Motion – Gary Walton
Accept as written
Second – John Blotter
Passed unanimous
7. Adjourn
Motion – Eric Bunker
To adjourn
Second – John Blotter
Passed unanimous

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