Daniel Town Council Meeting
Monday, December 2, 2013 at 6:00 PM
Wasatch County Services Building, Room 126
55 South 500 East, Heber City, UT
Quorum present: Council members Eric Bunker, Kasey Bateman and Chip Turner were
present at 6:00 PM when Mayor Michael Duggin called the meeting to order. Council
member Jon Blotter arrived after the meeting opened. Recorder Merry Duggin was
present to record the minutes. Treasurer Sherri Price was also present.
Members of the public in attendance: Lambert Deegan, Harry Weyandt, Paul Colton, Jaq
and Lynne Shindurling, John Glodowski, Ben Probst, Pam Skinner, Wesley Bingham,
Kathy-Jo Percy.
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1) PUBLIC COMMENT CONCERNING ANY ISSUE NOT ON THE AGENDA
There was no public comment.
2) BUSINESS LICENSE APPLICANTS
Town of Daniel did not receive new business applications and did not take action
to approve or renew any licenses.
Council member Jon Blotter arrived at 6:07 PM.
3) APPROVAL OF MINUTES FOR NOVEMBER 4, 2013 MEETING
Council member Bateman moved to approve the minutes of November 4, 2013
as presented. Council member Bunker seconded the motion, and the Council approved
the minutes with a unanimous vote.
4) PRESENTATION OF DANIEL TOWN 2012-13 FISCAL YEAR AUDIT BY
OUR AUDITOR BEN PROBST, CPA, OF GILBERT & STEWART
Mr. Ben Probst of Gilbert & Stewart was present to discuss the 2013 audit and
answer questions. No federal single audit was required this year, but the Town was
required to perform a full audit due to the requirements of the Town’s bonding with the
Division of Drinking Water for Water Revenue Bonds. He suggested that the Town
would be eligible for a less expensive audit if the Drinking Water Board would approve
this new process. The Clerk’s office will make an effort to seek such approval. If
granted by the Utah State Drinking Water Board, this could save thousands of dollars for
the Town in auditing fees over future years.
Mr. Probst thanked our Treasurer Sherri Price for her prompt and efficient
cooperation with the auditors and complimented her for her work as Town Treasurer.
The audit has given the Town an “unqualified opinion”. This is auditor terminology for a
“clean report” with no violations. Mr. Probst noted that the audit was simpler this year
because of fewer grant monies coming to the Town, but the State has added more
regulations to be followed. The Town continues to be considered at a slight risk because
of the small number of Town employees and lack of financial expertise in preparing its
own financial documents.
Council member Blotter asked if it would benefit the Town to hire a CPA. Mr.
Probst noted that the Town would have to consider if such an employee would be cost
effective, and he hinted that it would not be cost effective at this time.
Council member Bunker asked about the depreciation and amortization of the
Daniel Municipal Water lines. Council member Blotter also asked a question about the
significant amount of delinquent property taxes shown in the audit.
Mr. Probst ended his presentation by offering to answer any future questions by
phone or by email.
5) DISCUSSION AND POSSIBLE CONSIDERATION OF ZONE CHANGE FOR
PROPERTY OWNED BY HARRY WEYANDT ON 3000 SOUTH AND HWY 189
FROM COMMERCIAL TO RA 5. WRITTEN COMMENT WILL BE
PRESENTED AND CONSIDERED IN THE DISCUSSION. THIS ISSUE WAS
CONTINUED TO THIS MEETING AFTER THE PUBLIC HEARING HELD ON
NOVEMBER 4.
Mr. Harry Weyandt and his attorney Paul Colton were both present to represent
Mr. Weyandt’s interests. Mr. Weyandt stated that he would like to find a mutually
beneficial way to work with Daniel Planning and the Town as he has already invested a
large amount of work and money in his project and would hate to have to do it again. He
requested an opportunity to go back to the Planning Commission and make some
suggestions to that body that would allow the project to continue in a pending status.
Mayor Duggin suggested that this was a good time for the Town to reevaluate
whether it would like to have any commercial zoning, and if so, what sort of commercial
developments to approve and permit.
Council member Turner referred to Mr. Colton’s letter to the Council dated
November 18, 2013, and pointed out that the letter mentions “consideration by the Town”
as in meaning that the town had used ample consideration in the original decision to
rezone the subject properties from RA 5 to commercial. He wondered if Mr. Colton
thought that the Town has not used the same consideration in possibly reversing that
process on these two properties.
Mr. Colton responded that his reading of the minutes of the past meetings of the
Daniel Planning Commission and Town Council had revealed a great deal of public
input, general plan references, etc, in the zoning change from RA 5 to commercial
zoning, but he didn’t see in the minutes any evidence that this commercial zoning had
been an ongoing problem and wondered why this rezone situation had occurred at this
time.
Council member Turner replied that the permits for Mr. Weyandt’s project as
approved by the Town had expired, and the Town had allowed an additional year for Mr.
Weyandt to begin his project. Council member Bunker also noted that Mr. Weyandt had
had no contact with the Town in a long time.
Council member Bateman noted that Town of Daniel has the ability to be flexible
and work with all of our residents and hoped that Mr. Weyandt’s project would go
forward, but he felt that the Town needs a commitment from Mr. Weyandt. He felt that 5
years was too long a time to wait for a project to begin. Mr. Weyandt should have
requested another extension, and he did not.
Council member Blotter said that he did not like a gas station to be built on the
subject property, but the Council would have to do what is best for the Town. He felt that
the property should be rezoned back to RA 5.
Council member Bunker felt this location would be a good commercial area, but
the Town’s people seem to want less commercial areas at this time. He also felt that the
properties should be rezoned to RA 5.
Mr. Colton addressed the Council and requested additional time for this issue to
go back to the Planning Commission for discussion as Mr. Weyandt would like to go
forward with his plan.
At the conclusion of the discussion, Mayor Duggin read Daniel Ordinance
2013-12-02 which would change the zoning of Mr. Weyandt’s two properties from
Commercial to RA 5 zoning. Council member Turner moved to approve the ordinance
as read, and Council member Bunker seconded the motion. Mayor Duggin called for
the vote: Bunker, aye; Turner, aye; Duggin, nay; Bateman, nay; Blotter, nay. The
motion failed by a vote of 3-2.
Council member Blotter stated that this situation should be reviewed again.
Mayor Duggin has called upon the Planning Commission to review our list of permitted
Commercial uses and submit a recommendation for any changes to the Council.
6) DISCUSSION REGARDING COMPLAINTS RECEIVED CONCERNING
PROPERTY OWNED BY DILAPIDATED ACRES LLC (ON LITTLE SWEDEN
RD.) AND RONALD SMITH (LOCATED ON DANIELS RD.) .
Mr. Wesley Bingham, a Wheeler Park resident of Heber City, spoke at length
concerning the approximately 60 cars parked on a property (in Town of Daniel limits)
adjacent to his home and voiced his concern that the residents are operating a business
without a license, and the residents have access to a Heber City street (2370 South) that
they are using as a driveway. Council members believe that this lot should not be
accessed from 2370 South, and the residents should not be operating any sort of business
without a license. Mayor Duggin will call Mark Anderson to see if the road can be
blocked, and he will follow up on the other complaints.
The Town has also received complaints about the residents renting property on
Little Sweden Rd. in the Dilapidated Acres area regarding drinking parties, noise, large
bonfires, lighting, and a bridge over Daniels Creek accessing the neighbors’ property.
The residents may also be using an illegal source for culinary water. Council member
Bunker will write a letter to the owner.
7) UPDATE ON THE STORM HAVEN CULVERT PROJECT
The project is now complete.
8) CONSIDERATION OF DANIEL ORDINANCE 2013-12-02 MEETING
SCHEDULES FOR DANIEL TOWN COUNCIL, PLANNING COMMISSION
AND BOARD OF APPEALS FOR 2014.
Mayor Duggin read the ordinance establishing the 2014 meeting dates.
Council member Blotter moved to approve the schedule, and Council member Bateman
seconded the motion. The motion passed by a unanimous vote.
9) PLANNING DEPARTMENT REPORT
Council member Bunker reported that the letter stating that the Town will honor
the zoning certificate from Wasatch County for the 1 acre lot at the end of 3000 South on
Mill Rd. has been sent to Trisha Steiner. Mr. Bunker noted that some lots in that area
may be landlocked and could be a future problem.
10) DANIEL MUNICIPAL WATER ISSUES AS NECESSARY.
No issues were discussed at this meeting.
11) RECORDER’S OFFICE; WARRANT APPROVAL, ANNOUNCEMENTS,
WORK MEETING APPROVAL
Clerk Merry Duggin presented the warrants. Council member Bunker noted
that he had not received his copy of the Epic Engineering invoice, and the clerk
promised to send it to him. Council member Bateman moved to approve the warrants
as presented (which did not include an invoice from Gilbert & Stewart). Council
member Blotter seconded the motion. The motion passed by the following vote:
Bunker, aye; Bateman, aye; Blotter, aye; Turner, aye; Duggin, aye.
Note: The warrants included a preauthorization for the clerk to expend up to $1,500.00
for new equipment and supplies for the new clerk/recorder who will be appointed in
2014.
Ms. Duggin also informed the Council that a few orientation sessions would be
held to introduce the new mayor and clerk/recorder to their jobs. She asked for
permission to schedule a work or special meeting if necessary during the remainder of
December.
At this point in the meeting, Council member Blotter asked if he could change his
vote on the rezone of Mr. Weyandt’s property (item #5 on the meeting agenda). The
clerk/recorder did not know if that was possible since Mr. Weyandt and Mr. Colton had
already left the meeting. Council member Blotter said that he would like to change his
vote, and if this was not possible, he would like to vote on the zone change at another
meeting.
12) ADJOURN
Council member Turner moved to adjourn. Council member Bateman
seconded the motion, and the Council voted unanimously to adjourn. Mayor Duggin
adjourned the meeting at 8:17 PM.
Merry Duggin,
Recorder