Daniel Town Council Meeting
Monday, August 1, 2011 at 5:30 PM
Wasatch County Services Building, Room 126
55 South 500 East, Heber City, UT
Quorum present: Mayor Michael Duggin, Council members Eric Bunker, and Chip Turner were present at 5:34 PM when Mayor Duggin called the regularly scheduled meeting to order. Council member Kasey Bateman was absent, and Council member Jon Blotter arrived at 5:39. Recorder Merry Duggin was present to record the minutes. Treasurer Sherri Price was also present.
Members of the public in attendance: Ryan Taylor, Lambert Deegan, Gary Walton, and Todd Andersen.
1) PUBLIC COMMENT CONCERNING ANY ISSUE NOT ON THE AGENDA
There were no comments.
2) BUSINESS LICENSE APPLICANTS
No applicants for new business licenses were present. However, Council member Bunker did present to the Recorder several license renewals.
3) APPROVAL OF MINUTES FOR JULY 11, 2011 MEETING
Council member Turner moved to accept the minutes as presented, and Council member Bunker seconded the motion. The three members of the Council present voted to approve the minutes with no additions or corrections.
4) JOSH HANSEN—REPORT ON LOT FOR CHURCH
Mr. Hansen had been invited to address the Council, but he did not attend the Council meeting. Instead Council member Bunker reported that the Church is still considering properties on 3000 South and would like to know what improvements would be required by the Town for development. Mayor Duggin believed that the property the Church had considered on Daniel Rd. was superior because of the Heber City sewer line along Daniel Rd. in this location. The Town will continue to communicate with the persons representing the Church.
5) PLANNING DEPARTMENT REPORT –AGUIRRE PROGRESS REPORT
Jaime Aguirre is pressing forward to complete his house. An inspector From Epic has inspected and approved the work, according to a report by Ryan Taylor.
(Council member Blotter arrived at this point.)
Council member Bunker reported that the Planning Commission has approved a conditional use permit for T J’s Mutts & Cuts Kennel to allow the kennel operation to house up to a maximum of 40 dogs at one time. Council member Turner asked if any conditions had been placed on the permit as to holiday periods or traffic. The response was that no conditions had been listed for certain holidays.
Mayor Duggin insisted that the Town should have some conditions to protect the neighbors. Both Council member Blotter and Mayor Duggin felt that 40 dogs might be too many. The Council felt that this might be a matter to consider for the future. It was noted that a conditional use permit could be reviewed if there are complaints or problems as a result of the kennel operation. Council member Blotter wanted to be sure that the Wasatch County Health Department has no problem with so many dogs on this property.
Council member Bunker informed the Council that the adjacent property owner Daniel Bray did mail a “protest” letter to the Planning Commission the day before the meeting was held, and the letter was read into the record of the Planning Commission meeting. Council member Bunker believed that Mr. Bray’s rights had been considered by the Commission members in their decision even though he missed the deadline for the protest. Mr. Bunker reported that this matter is a land use decision, and the planning commission is the” land use authority”. As a result this issue should not come before the Town Council as an action item.
6) DANIEL MUNICIPAL WATER ISSUES
TODD ANDERSEN—WATER CONNECTION FOR 1001 E. LITTLE SWEDEN RD.
Mayor Duggin introduced Todd Andersen, the new owner of the residence at 1001 E. Little Sweden Rd. Mr. Andersen voiced his disapproval that he was charged a $5,000 connection fee before water service could be turned on to this house. Mr. Andersen proposed that the Town split the fee with him, each paying half of the fee. Mayor Duggin explained that the connection fee for this house had never been paid by the original owner though water service was extended to the residence by a private water company prior to the acquisition of the water system by the Town of Daniel. Town of Daniel would never have allowed this to happen and was in the process of arranging payment with the owner when the house went into foreclosure.
Council member Blotter moved to accept Mr. Andersen’s proposal of the 50-50 split. The motion died for lack of a second.
Council member Turner felt that full disclosure of the connection fee for service had been made to Mr. Andersen, that he was aware of the requirement before his purchase of the home, and that the Town Council had already determined that this fee was owing on this residence and should be paid by the new owner.
Mr. Andersen admitted that his paper work on the sale disclosed the $5,000 connection fee, but he felt that the Town could have terminated service earlier and received payment from the former owner. Mr. Gary Walton, water manager, told the Council that he had repeatedly made arrangements to collect payment from the former owner, but the owner was avoiding him. He was reluctant to turn off the water during the winter months because of the animals on the property, and he feared damage would occur to the underground water lines during such a long cold winter.
Council member Bunker stated that before the Town took possession of the system, the Town had no control over how the system operated. Council member Blotter suggested that the Town return the entire $5,000 to Mr. Andersen and consider it a “transfer loss”. Mayor Duggin stated that, by his own admission, Mr. Andersen knew about the fee at closing. Mayor Duggin went on to say that everyone else on the culinary water system had paid a connection fee, and it would be a bad precedent to simply return the $5,000. But he would consider some refund to Mr. Andersen if any of the fee had been paid by the previous owner of the property.
Mr. Gary Walton felt that Mr. Andersen should be charged the difference between any amount paid toward the connection by the previous owner and the full $5,000 fee.
Council member Turner then moved to have Mr. Walton and the clerk/ recorder examine the payment records to determine what amount might have already been paid (approximately $879), and this amount should be refunded to Mr. Andersen. Council member Bunker seconded the motion.
In discussion, Mr. Bunker reminded the Council that it had previously discussed and made a determination on this issue, and he was concerned about going against a decision that the Council had already made.
Mayor Duggin called for a vote, and the motion passed by the following vote of 3 ayes to 1 opposed: Duggin, aye; Bunker, aye; Turner, aye. Council member Blotter voted “aye” oppose.
(note) A refund of $892 was made to Mr. Andersen on August 6, 2011.
7) RECORDER’S OFFICE: WARRANT APPROVAL
Recorder Merry Duggin presented the warrants Town of Daniel received for payment in July 2011. Council member Blotter moved to approve the warrants, and the motion was seconded by Council member Turner.
Council member Bunker asked about a blank space next to a warrant listed but with no dollar amount shown. Ms. Duggin explained that the warrant was expected because it is a regular bill each month, but it had not been received by the time of the meeting and therefore not listed. Mr. Bunker suggested that this amount be approved, too.
Council member Blotter amended his motion to include this additional warrant. Council member Turner seconded the motion, and the Council approved payment of the warrants by a unanimous vote.
Ms. Duggin then asked for a purchase authorization for a new computer for her office. The computer she currently uses is her personal desktop purchased by her in 2006, and it should be replaced. She proposed the Council authorize an amount up to $1,000, but she hopes to find a much less expensive model. Council member Blotter moved to approve this purchase authorization up to $1,000. Council member Turner seconded the motion, and the Council members present approved the motion.
Ms. Duggin also reported that only two candidates had filed for the two Town Council seats up for election in November. Council member Blotter and Council member Bunker will run unopposed unless a write in candidate files by the deadline. If there are no additional candidates, Ms. Duggin will likely recommend that the election be cancelled as allowed by the new statute passed by the Utah State Legislature in 2011.
8) ADJOURN
There being no further business Council member Turner moved to adjourn. Council member Bunker seconded the motion, the Council voted unanimously to adjourn, and Mayor Duggin adjourned the meeting at 6:50 PM.
Merry Duggin,
Recorder