Daniel Town Council Meeting
Monday, August 5, 2013 at 6:00 PM
Wasatch County Services Building, Room 126
55 South 500 East, Heber City, UT
Quorum present: Council members Eric Bunker, Jon Blotter, Kasey Bateman, and Chip
Turner were present at 6:04 PM when Mayor Pro tempore Bunker called the meeting to
order. Mayor Michael Duggin was excused. Recorder Merry Duggin was present to
record the minutes. Treasurer Sherri Price was also present.
Members of the public in attendance: Lambert Deegan, Mike Petersen, Greg Gagon,
Nate Orton, Andria Orton, Troy Morgan, Clint Neerings, John Glodowski, and Gary
Walton.
1) PUBLIC COMMENT CONCERNING ANY ISSUE NOT ON THE AGENDA
Greg Gagon representing Nate and Andria Orton spoke to the Council about a
possible rezoning of the property located at 2777 S. Mill Rd. to allow for a landscaping
business. Mr. Gagon and Mr. Orton described the need for a holding area for landscaping
materials and plants which would be accessed twice a day (morning and evening) by a
landscaping crew for the materials needed for that day’s work. Mr. Orton would possibly
like to allow an employee to live in the residence on the property. Eventually the Ortons
would like to request a zone change from RA 5 to Commercial, but they are not
requesting to open a retail business at this time. Mr. Orton felt that this use of the
property would be quiet and acceptable to the neighbors, but he would be willing to also
install a fence for additional privacy.
The Council responded. Council member Bateman hoped that Mr. Orton could
get support from the neighbors before he requested a zone change. Council member
Turner sees this area as a future commercial corridor, but he thinks there are lots of things
to be considered in the meantime. Council member Bunker believes that the business
described would not qualify for a home based business license.
Mr. Orton asked if the Council would consider a business plan in the future. The
Council responded that they would.
2) BUSINESS LICENSES
A renewal license will be issued to Doctor Fix It at 451 E. Little Sweden Rd.
Mayor pro tem Bunker next brought to the floor Item 4 of the agenda.
4) CLINT NEERINGS REPRESENTING WASATCH COUNTY FIRE DISTRICT
HAS REQUESTED TO ADDRESS THE COUNCIL
Fire Marshal Clint Neerings introduced himself and his fellow firefighter Troy
Morgan, and he asked the Council how the Wasatch County Fire District could help
Town of Daniel. Council member Bateman asked if the fire department could assist the
Storm Haven area in burning debris. Mr. Neerings said that could be possible, but he
also would have to consider air quality and manpower (which would need to come from
the community). He suggested that chipping the debris might be a better solution to the
problem.
Mr. Neerings offered to give a presentation to groups to help prevent fires. When
asked what steps the Town could take for mitigation, Firefighter Morgan mentioned that
the Town could pay particular attention to the vegetation on our roads.
A discussion followed concerning installation of sprinklers in new construction in
Daniel, and there doesn’t seem to be much of a problem since the Town has been able to
upgrade the fire flows through our new water system. However, anything on the south
side of Daniels Creek might warrant additional attention.
3) APPROVAL OF MINUTES FOR JULY 1, 2013 MEETING
Council member Bateman moved to approve the July 1, 2013 minutes as
presented. Council member Blotter seconded the motion, and the motion passed with
“aye” votes by Council members Turner, Bunker, Blotter and Bateman.
5) MIKE PETERSEN HAS REQUESTED TO ADDRESS THE COUNCIL
Mr. Mike Petersen owns property in the commercial zone on Highway 40 and had
applied for and received approval for a plan concept in 2009. He was unable to complete
the plan due to the downturn in the economy. He introduced to the Council a new
concept for smaller storage buildings designed to accommodate snowmobiles, boats,
RVs, etc. This concept was well received.
6) APPROVAL OF GILBERT & STEWART ENGAGEMENT LETTER TO
PERFORM 2012-13
Recorder Merry Duggin requested approval for engagement of Ben Probst and
Gilbert & Stewart accounting firm to perform the 2012-13 audit based on the past
performance of this firm. The fee charged would not exceed $5,500. Council member
Blotter asked for a cost comparison of this fee with other firms. Treasurer Sherri Price
indicated that a lower fee might not represent a better value as some firms are not
qualified to perform all functions that our Town might require in an accounting firm.
Council member Turner suggested that the Town could look at a cost comparison for next
year, but he felt that there might be time constraints for this year’s audit.
Council member Turner moved to approve Gilbert & Stewart’s engagement
letter but not to exceed the $5,500 fee. Council member Bateman seconded the motion.
Council members Bateman, Turner, and Bunker voted “aye”. Council member Blotter
voted “nay”.
7) DISCUSSION REGARDING THE HEBER CITY GARDNER ANNEXATION.
This discussion concerned an area of approximately 4 acres adjacent to the airport
owned by Heber City which Heber City now proposes to annex. The Council would like
to protest this annexation to the Boundary Commission if there are grounds on which to
make the protest. Mayor Duggin and Recorder Merry Duggin will take a closer look at
the annexation to determine if such grounds exist.
Council member Turner moved to protest this annexation if grounds exist for
protest. Council member Bateman seconded the motion, and the motion passed by the
following vote: Turner, aye; Blotter, aye; Bateman, aye; Bunker, aye.
8) DISCUSSION REGARDING STORM HAVEN CULVERT PROJECT BID
AWARD PROCESS.
Mayor pro tem Bunker announced that the bids would be opened on Thursday
August 8 at 11 AM with Epic Engineering. Mayor Duggin had requested that the
Council discuss the situation of perhaps having to delay other road maintenance in the
Town to proceed with the Storm Haven Culvert project. Cost of the project would not be
determined until the bids were opened, and the Council would not meet again until
September 9. The project could not be completed this year if it is held up for that long a
time period.
Council member Bateman moved to proceed with the bid award process.
Council member Turner seconded the motion, and the vote passed by the following
vote: Bateman, aye; Turner, aye; Bunker, aye; Blotter, aye.
Mayor Duggin has promised to keep the Council informed of the process by email
and phone calls.
9) PLANNING REPORT
Council member Bunker informed the Council of a recommendation from the
Planning Commission to approve 2 lateral water lines from the main water line running
along Daniel Water Lane to run to 2 residences that will be built on property owned by
Dr. Branson Call. His frontage on Little Sweden Road is adequate for 2 residences, and a
lot line adjustment will be made on his property to accommodate the frontage
requirements. Mr. Gary Walton said that the Town may need to ask Dr. Call to donate a
small piece of property to allow his meters to be installed where they would not be
damaged as the lane is so narrow.
Council member Turner moved to accept the Planning Commission’s
recommendation regarding the 2 lateral water lines, and Council member Blotter
seconded the motion. The motion carried by the following vote: Blotter, aye; Bateman,
aye; Bunker, aye; Turner, aye.
Mr. Bunker reported that the Sundance Ridge home on Little Sweden Rd has
received approvals from several Wasatch County departments and is pressing forward.
Mr. Bunker also informed the Council that he had received comment that some
people were upset that they could not always contact him to answer questions relating to
Planning. Mr. Bunker is happy to do what the Council requests, but he cannot be a full
time planner due to his other responsibilities.
Mr. Gary Walton suggested that Mr. Bunker could list hours on the Town’s
website that could be considered office hours. Council member Blotter suggested that the
Town should purchase a phone for Mr. Bunker for planning use. Mr. John Glodowski
suggested that Mr. Bunker could record a message that would refer callers to the Town
website.
Council member Blotter asked Mr. Bunker to consider what he would want to do
and bring that recommendation to the next Town Council meeting. Council member
Bateman mentioned that a full time planner might be something for the Town to consider
at a future meeting.
A short discussion occurred about a truck parking in the Town’s right of way, and
Council member Turner asked that this topic be listed on the September 9 agenda.
10) DANIEL MUNICIPAL WATER ISSUES
Mr. Gary Walton asked for clarification on water fees to be charged to the new
LDS Church on Daniels Rd. The fee will be $112 per month for a base usage of 20,000
gallons. The fees will be charged from July 1, 2013.
10) RECORDER’S OFFICE: WARRANT APPROVAL, ANNOUNCEMENTS
The warrants were presented. Council member Blotter questioned the hours
billed by Epic Engineering for the LDS Church. The explanation was that the asphalt in
front of the church was improperly laid by the contractor and had to be replaced. This
required additional time and inspections by Epic.
Council member Blotter moved to approve the Town warrants as presented.
Council member Bateman seconded the motion, and the motion passed by the
following vote: Bunker, aye; Turner, aye; Bateman, aye; Blotter, aye.
11) POSSIBLE CLOSED SESSION TO DISCUSS REASONABLY PENDING
LITIGATION
No closed session was held.
12) ADJOURN
Council member Turner moved to adjourn. After a second from Council
member Blotter and a unanimous vote by the Council members present, Mayor pro tem
Bunker adjourned the meeting at 9:03 PM.
Merry Duggin,
Recorder