Daniel Town Council Meeting
Monday, February 7, 2011 at 5:30 PM
Wasatch County Services Building, North Conference Room
55 South 500 East, Heber City, UT
Quorum present: Mayor Michael Duggin, Council members Eric Bunker, Kasey Bateman, and Chip Turner were all present at 5:31 PM when Mayor Duggin called the regularly scheduled meeting to order. Council member Jon Blotter arrived at 5:37 PM. Recorder Merry Duggin was present to record the minutes.
Members of the public in attendance: Ryan Taylor, Hugh Barker, Neil Duke, Grant Casper, Alan McDonald, John Glodowski, and Shelly Bunker.
1) PUBLIC COMMENT: There were no public comments.
Mayor Duggin skipped to item 4 and 5 on the agenda.
4) DISCUSSIONCONCERNING COMPLAINTS RECEIVED BY TOWN OF DANIEL PERTAINING TO THE CURRENT USES OF THE PROPERTY LOCATED AT 2850 HWY 40 OWNED BY THE CUMMINGS FAMILY.
5) DISCUSSION CONCERNING A “CEASE AND DESIST” LETTER MAILED TO CUMMINGS FAMILY ATTORNEY FOR PROPERTY LOCATED AT 2850 HWY 40. POSSIBLE CLOSED SESSION TO DISCUSS LITIGATION STRATEGY.
Council member Bunker reported that at least 3 residents had called to complain of truck noise from this property starting as early as 2 AM. The Town has sent a cease and desist letter but the use continues, and he asked the Council what action they would like to take. Mayor Duggin indicated that he could like to respond to the property owner’s attorney Kraig Powell who had sent a letter to the Town indicating that they would like to meet and discuss options to resolve the matter. The mayor stated that the burden of proof would be on the property owner to prove consistent and continuous use of the property. Council member Bateman stated that we should have a procedure to respond to the complaints and be consistent. Council member Turner noted that the letter to “cease and desist” was clear, but the owner had not complied. A meeting with the owner and his attorney will be scheduled. A closed session on this matter was not necessary.
6) DISCUSSION OF A POSSIBLE ORDINANCE TO ALLOW “CARE TAKER DWELLINGS” IN TOWN OF DANIEL.
Council member Bunker distributed a draft ordinance for discussion that would allow a second residence to be built on a 5 acre parcel in our RA 5 zone to be used as a care taker dwelling. According to this ordinance, one of the residences would remain occupied by the owner, and the second residence could not be sold. He noted that there are some residents in our town who would like to be able to build a smaller second residence for family, and he suggested that the Council members would like to take a look at what is happening in Charleston where these second residences are being allowed. Mayor Duggin asked that the Council seek public input before they consider sending this ordinance to the Planning Commission, and he wondered if we could protect our RA5 zoning if the Council passed such an ordinance. Council member Blotter voiced his disapproval. Council member Blotter moved to table the discussion until the next meeting. The motion was seconded by Council member Turner. The Council voted unanimously to table the issue for a later meeting.
2) CLOSED SESSION TO DISCUSS STRATEGY FOR PENDING AND/OR IMMINENT LITIGATION.
Council member Blotter moved to go into closed session to discuss legal strategy. The motion was seconded by Council member Turner, and the Council voted unanimously to go into a closed session.
Council member Bunker believed that he might have a conflict of interest with his employment and left the meeting.
Council member Bunker returned when the meeting came back into open session.
7) DISCUSSION CONCERNING “BANK OWNED” PARCELS OF REAL PROPERTY LOCATED IN TOWN OF DANIEL WITHOUT IRRIGATION WATER.
Council member Bunker reported that he is receiving many inquiries from realtors about these parcels. He noted that our code requires that these parcels have irrigation water in order to qualify for building permits if they have traditionally been irrigated. Council member Blotter stated that people are selling their water because they are in financial trouble and are losing their homes. He felt it unfair that new owners are being scammed and would like to help them. Council member Turner noted that new owners could buy shares like everyone else, and Council member Bateman suggested that they could even lease water to qualify for permitting. Council member Bunker suggested that the Recorder place a notice on the town website to alert buyers of the need for irrigation water.
8) DISCUSSION CONCERNING PARCELS OF REAL PROPERTY WITHIN THE INFLUENCE OF TOWN OF DANIEL THAT ARE REQUESTING (ORMAY REQUEST) A ZONE CHANGE TO INDUSTRIAL AND/OR ANNEXATION
Council member Bunker discussed a property owner whose property is partly in Town of Daniel and partly in Wasatch County who would like to annex into Daniel as industrial, but the property is located in the airport overlay zone of the Heber City airport. This presents a problem. It was decided that the Town must wait for the property owner to make a proposal to the Town.
Council member Blotter excused himself and left the meeting at this point.
9) DEPARTMENT REPORTS
PLANNING: Planning Director Bunker asked for permission to return a check to Washburn Academy since there has been no further communication from them about their project. This permission was granted.
DANIEL MUNICIPAL WATER: Recorder Merry Duggin presented a quote from the Utah Local Government Trust for property insurance on the new tank and pump station in the amount of approximately $1,515. This amount was approved, and we will report to the Trust when the Town is ready to assume the insurance coverage for this property.
RECORDER’S OFFICE
After Recorder Merry Duggin asked for approval of the warrants presented to Town of Daniel in January 2011, Council member Bunker moved to approve payment of the warrants. Council member Turner seconded the motion, and the Council voted unanimously to approve. Council member Blotter was absent.
3) POSSIBLE APPROVAL OF ATTORNEY SERVICE FOR COORDINATION EFFORT BY TOWN OF DANIEL COUNCIL
Mayor Duggin read Daniel Resolution 2011-02-07 which would authorize the mayor to hire professional legal services to be utilized in the coordination process. Council member Turner moved to adopt the resolution as written. Council member Bateman seconded the motion. The motion was approved by the following vote: Bateman, aye; Turner, aye; Duggin, aye; Blotter, absent; Bunker, abstain.
10) APPROVAL OF MINUTES FOR JANUARY 3, 2011 MEETING.
Council member Bunker requested 2 changes in the Planning report. He asked that “compliant conditional” be changed to “”conforming”, and in the same line, he requested that “Mr. Bunker’s opinion is that” be changed to “in Mr. Bunker’s opinion” deleting “is that”. Council member Bateman moved to approve the minutes as altered by Mr. Bunker’s requests. Council member Bunker seconded the motion, and the minutes were approved by the 4 council members still present. Council member Blotter left the meeting prior to the minute approval.
11) ADJOURN
Council member Turner moved to adjourn. With Council member Bateman’s second, the Council voted unanimously to adjourn at 7:30 PM.
Merry Duggin,
Recorder