Daniel Town Council Meeting
Monday, December 5, 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 Kasey Bateman were present at 5:31 PM when Mayor Duggin called the regularly scheduled meeting to order. Council member Blotter arrived at 6:07 PM, and Council member Turner was excused from the meeting. Recorder Merry Duggin was present to record the minutes.
Members of the public in attendance: Janet Robinson, Justin Robinson, John Glodowski, Darwin McGuire, Kim Norris, Lambert Deegan, Ryan Taylor, Josh Hanson, Steve Parks.
1) PUBLIC COMMENT CONCERNING ANY ISSUE NOT ON THE AGENDA
No public comment was offered.
6) Mayor Duggin decided to move on to item # 6 on the agenda.
DISCUSSION CONCERNING CHRUCH CONDITIONAL USE PERMIT
Josh Hanson representing the LDS Church presented a conceptual site plan for the new meeting house to be built on property on Daniel Road currently owned by the Leonard Cuillard Trust. This property will need subdivision before a building permit can be issued, and the property to be retained by Mr. Cuillard must be at least 5 acres. Council member Bunker told Mr. Hanson that unless the Church can purchase 5 acres, the Church will need to request a variance to build the meeting house. The meeting house is projected to be approximately 21,000 square feet, service 3 wards on Sunday, be used fir some weekly activities, and should have approximately 200 parking stalls. Mr. Hanson said that the Church would like to move forward as quickly as possible.
2) BUSINESS LICENSE APPLICANTS
Council member Bunker asked about the location of the application for Housekeeping by Dawn, a new business in the Storm Haven area. He has not seen it.
3) APPROVAL OF MINUTES FOR OCTOBER 3, 2011 MEETING (CONTINUED) AND NOVEMBER 7, 2011.
Council member Bunker moved to approve the minutes for both dates as presented. Council member Bateman seconded the motion, and the 3 members of the Council present voted to approve the minutes.
4) DISCUSSION OF LETTER TO DANIELS ACADEMY CONCERNING TIMELINE FOR NUMBER OF RESIDENTS VIOLATION. DISCUSSION OF OPTIONS TO ADDRESS DANIEL CODE REGARDING NUMBER OF RESIDENTS TO BE ALLOWED IN A RESIDENCE FOR PERSONS WITH DISABILITIES. And 5) Council member Bunker reported that the Planning Commission would like to move forward with a public hearing for adding “alternative high school” as a conditional use in the P160 zone and would like to schedule a combined meeting for the Town Council and Planning Commission for January 2, 2012 at 6:30 PM for the purpose of accepting public comment at a public hearing concerning this issue. Mayor Duggin noted that it might be possible to change the zoning of the Daniel Academy property to RA-5 since the Daniel Municipal Code already allows a secondary school as a conditional use in that zone. Council members Bunker and Bateman agreed that the zoning (in the Big Hollow Subdivision area) should be changed from P160 to RA-5 since the subdivision is already divided into 5 acre lots. It was decided that both issues ( a new conditional use and possible rezoning) could be heard at the same public hearing on January 2. Councilmember Bateman moved that the Town Council should initiate an action to consider a zone change from P160 to RA-5 for the 3 lots (in the Big Hollow Subdivision) and schedule a public hearing on January 2, 2012 at 6:30 PM. Council member Bunker seconded the motion, and the vote was unanimous in favor of the motion.
Mayor Duggin then turned the discussion to the residence for disabilities issue and suggested that Town of Daniel might consider removing Section 8.21.17 from its code. He stated that in his opinion the Fair Housing Act is designed to protect persons with disabilities from overcrowding or from being isolated, and it is not for the protection of neighbors of these facilities. Council member Bunker commented that he reads the act with a different interpretation and suggests that “reasonable accommodation” is very important. Council member Bateman noted that the Town cannot limit the size or number of children in a family or enforce anything that is not enforced on the entire population of Daniel. All members concluded that we must avoid discrimination, and this is a necessary discussion in the future.
Council member Blotter arrived at 6:07 PM during this discussion.
7) DISCUSSION OF CARPORT PERMIT REQUIREMENTS.
Council member Bunker reported that Planning has a request for a permit to build a carport and stated that he felt a $500 fee seemed too high. Mayor Duggin asked if the Town could have a sliding fee. Mr. Kim Norris asked if a permit fee could be based on an engineer’s estimate. Council members Bunker and Bateman both questioned if the Town even wanted to regulate a carport unless it was attached to a house and would require inspections. Council member Blotter moved that the Town of Daniel not regulate unattached carports, and then amended the motion to not regulate carports with the dimensions of 15’ by 15’ (225 square feet). Council member Bunker seconded the motion, but the vote of 2 members in favor and 2 opposed caused the motion to fail.
Council member Bunker also reported that if a carport has 2 sides open, it would not require a permit from the Wasatch County Building Department. After a discussion concerning the size of the carport design, Council member Bunker moved to regulate carports over 230 square feet, to require a permit to ensure the setbacks are proper. Council member Blotter seconded the motion, and with a unanimous vote the motion was approved.
9) CONSIDERATION AND POSSIBLE ADOPTION OF DANIEL ORDINANCE 2011-12-05 ESTABLISHING MEETING SCHEDULES FOR PUBLIC MEETINGS FOR 2012.
After Mayor Duggin read the proposed ordinance, Council member Bunker moved to approve DO 2011-12-05. Council member Blotter seconded the motion, and the Council voted unanimously to approve.
10) UPDATE ON STORM HAVEN ROAD REPAIR/FEMA ASSISTANCE
Mayor Duggin reported that the Storm Haven culvert work will begin as soon as possible. We have requested additional funding because the bids for the work exceeded the FEMA estimates. Council member Bunker suggested that we might want to look at a ramp to replace the culvert at the south end of the subdivision. This idea was considered previously, but it was discarded according to Ryan Taylor, Town Engineer from Epic Engineering.
11) PLANNING DEPARTMENT REPORT
The letter to Daniels Academy has been written, but it has not yet been sent.
12) DANIEL MUNICIPAL WATER ISSUES
Mayor Duggin reported that the next project will be to take a look at the Fisher Spring to see what is going on there since rocks and roots have been found in the collection box. The Mayor also reported that Tom Grose will be providing a letter documenting his liability insurance so that he can be hired to snowplow at the water system site.
13) RECORDER’S OFFICE: WARRANT APPROVAL, SET PUBLIC HEARING DATE AS NECESSARY, ANNOUNCEMENTS.
Recorder Merry Duggin presented the warrants for approval. Council member Bunker moved to approve the warrants. Council member Blotter seconded the motion, and the vote was unanimous. Ms. Duggin reported that the Storm Haven culvert repair was not included in the current fiscal year budget, and she requested that the 2012 budget be opened and amended. The Council agreed to hear this issue at a public hearing which will be scheduled for 6:30 PM, January 2, 2012.
14) ADJOURN
Council member Blotter moved to adjourn. Council member Bateman seconded the motion. There was no discussion, and after a unanimous vote, Mayor Duggin adjourned the meeting at 7:29 PM.
Merry Duggin,
Recorder