Town of Daniel
Daniel Town Council Meeting
December 7, 2009
Wasatch County Services building
Room 132
55 South 500 East
Heber City, Utah
5:30 PM
Quorum present: Mayor Michael Duggin, Council members Jon Blotter and Eric Bunker were present. Recorder Merry Duggin was present to record the minutes.
Mayor Duggin called the regularly scheduled meeting to order at 5:35 PM.
Members of the public in attendance: Ryan Taylor, Gary Weight, Lorie and Barry Hobbs, Kevin Distefano, Lambert Deegan, Jaye Binkerd, Blaine Smith, and Shelly Bunker.
1) PUBLIC COMMENT—Blaine Smith concerning his water hook up.
Mr. Smith was not present until later in the meeting. Mayor Duggin invited him to make his comments when he arrived. Mr. Smith thanked Daniel Municipal Water staff for getting his hook up completed before bad weather set in.
There were no other public comments.
2) BUSINESS LICENSE APPLICANTS
No license applicants were present.
3) DANIEL ACADEMY COMMUNITY COMMITTEE UPDATE AND DISCUSSION OF ADDING THERAPEUTIC OARDING SCHOOL AS A CONDITIONAL USE TO DANIEL MUNICIPAL CODE
This item was added to the agenda at the request of Council member Turner who was not present at this Dec. 7 meeting.
Mayor Duggin reported that a community committee is being set up to meet at least once a quarter, and he hoped to appoint concerned residents as members of the committee. Lorie Hobbs volunteered as a neighborhood member, and the Council appointed Council member Turner to represent the Council.
Gary Weight asked why the Town Council was considering this code change outside of our regular process of receiving requests in July and considering the change in November. Barry Hobbs also noted that the Council should be following the process.
Council member Bunker responded that as the Planning Director and Planning Commission Chair, he was looking for direction from the Town Council as to whether this conditional use should be examined and considered for addition to our Code by the Planning Commission. Mr. Hobbs asked Council member Bunker to read conditional uses already in the Daniel Municipal Code. Mr. Hobbs then insisted that these are the things that we are inviting into our Town under conditions. He doesn’t believe that it makes sense to invite schools to be dispersed throughout our Town’s residential areas.
Mayor Duggin is concerned that our limit of 8 persons per residence for persons with disabilities is not linked to some standard of measurement. Lorie Hobbs commented that many communities do not even allow as many as 8 residents, and she continued that we can limit only the number of persons per each residence and distance between the homes. She felt that increasing the number of persons allowed and turning a residence into a school does not fit into residential areas. A school with 25 students does not look like a family or family environment, and it changes the character of the neighborhood.
Gary Weight commented that in his research, he has found some cases of “reasonable accommodation” requests. The courts seem to rule according to how the request was handled by the entity in most cases. Daniel Academy should request a reasonable accommodation—not a new conditional use.
Kevin Distefano asked why the Council would be discussing this question at this time. He felt that if Daniel Academy is requesting a change, they should come before the Planning Commission in July.
Mayor Duggin and Council member Bunker were still concerned that if our Code is challenged that we might not be able to defend our number of 8 residents because it is not linked to a standard, and they would prefer to have some more solid basis for the limitation such as square footage or bedrooms. Council member Blotter felt that adding a conditional use “would not help defend anything”. Lambert Deegan pointed out that while a small group of people might feel that the Town should defend a legal challenge, the whole Town would be required to pay the legal fees for such a challenge. The community at large might not support a small local group.
Mayor Duggin invited those persons present at the meeting to visit Daniel Academy and see what the Academy does. There was no motion to continue this agenda item.
4) CALLISTER SMALL SUBDIVISION APPROVAL. A RECOMMENDATION FROM THE PLANNING COMMISSION WILL BE CONSIDERED.
Ryan Taylor explained that the Town had to abandon the old subdivision and create 3 new lots. The applicant has had all owners sign the petition so that a public hearing will not be required beyond the public hearing that the Planning Commission held on October 21, 2009. Council member Bunker noted that the Planning Commission has recommended approval.
Council member Bunker moved to approve the Callister Small Subdivision and send the plat forward to get the required signatures for final approval. Council member Blotter seconded the motion, and the Council voted unanimously to approve the subdivision.
5) CONSIDERATION OF AN ORDINANCE TO APPROVE DANIEL TOWN MEETING SCHEDULES FOR 2010
Mayor Duggin read Daniel Ordinance 2009-12-07 adopting the meeting schedules for the Daniel Town Council, Planning Commission, and Board of Appeals for 2010. Council member Blotter moved to accept this ordinance to establish the 2010 meeting schedules. Council member Bunker seconded the motion, and the Council voted unanimously to approve the ordinance.
6) COMMITTEE REPORTS
Daniel Municipal Water: Mayor Duggin reported that the Town filed a Motion for Relief of Stay with the Federal Bankruptcy Court, and the hearing was held on Dec. 3. We are still awaiting the judge’s ruling, but we are continuing construction on our water improvement project. We have moved almost 5,000 cubic yards of dirt on our new tank site. The well driller is in the process of filling the old well and will begin drilling the new well shortly. The Town is not paying for the abandoned well as it is the driller’s responsibility.
Planning: Council member Bunker has received a request from Town residents to attend a public hearing concerning a transfer station located in the industrial zone between Wasatch County and Town of Daniel to be held on December 16 at 6 PM. The Council asked Mr. Bunker to represent the Town to ask that the County enforce the conditions placed on this business.
CDBG: Council member Blotter reported that Town of Daniel has submitted an application to CDBG for 2010 for approximately $318,000 to replace additional water lines in the Daniel Municipal Culinary Water system.
7) RECORDER’S OFFICE
Recorder Merry Duggin presented warrants for approval to be paid in December. A copy is attached to the minutes. The Council approved the expenses.
8) APPROVAL OF MINUTES FOR NOVEMBER 2 AND NOVEMBER 11, 2009 MEETINGS
Council member Bunker moved to approve the minutes of November 2 and November 11, 2009 as presented. Council member Blotter seconded the motion. The Council voted unanimously to approve the minutes.
9) ADJOURN
Council member Blotter moved to adjourn. The motion was seconded by Council member Bunker, and the Council voted unanimously to adjourn at 7:06 PM.
Merry Duggin,
Recorder