Daniel Town Council Meeting
Monday, July 1, 2013 at 6:00 PM
Wasatch County Services Building, Room 126
55 South 500 East, Heber City, UT
Quorum present: Mayor Michael Duggin, Council members Eric Bunker, Jon Blotter and
Chip Turner were present at 6:02 PM when Mayor Duggin called the meeting to order.
Council member Kasey Bateman arrived at 6:10 PM. Recorder Merry Duggin was
present to record the minutes. Treasurer Sherri Price was also present.
Members of the public in attendance: John Glodowski, Kim Norris and Ryan Taylor.
1) PUBLIC COMMENT CONCERNING ANY ISSUE NOT ON THE AGENDA
No public comment was received at this meeting.
2) BUSINESS LICENSES
A renewal license will be issued to Suburban Propane, and a new license
application has been approved for Caleb Davis of Davis Telecom at 237 E 3000 S in
Daniel.
3) APPROVAL OF MINUTES FOR JUNE 10, 2013 MEETING
Council member Blotter noted that the Recorder had confused his name with Mr.
Bunker’s during the public hearing portion of the June 10 budget hearing. The change
was made. Mr. Bunker requested that the phrase “for the remainder of the term” be
removed from the minutes as he felt that this phrase was confusing in the description of
Seat 3 appointment of Pam Skinner to the Planning Commission.
Council member Turner moved to approve the June 10, 2013 minutes as
corrected. Council member Blotter seconded the motion, and the motion passed with
“aye” votes by Council members Turner, Bunker, Blotter and Mayor Duggin.
Council member Bateman arrived at 6:10 PM.
4) ADOPTION OF A CERTIFIED TAX RATE FOR 2013 PROPERTY TAXES.
Clerk Recorder Duggin informed the Council that the certified tax rate based on
the $40,000 revenue requested by the Council by adopting the 2014 Budget would be
.000770. Because the appraised value of the town’s properties had decreased over the last
year, the certified rate is slightly higher than 2012 even though the Town Council is not
requesting an increase in property tax revenue.
Council member Bunker moved to adopt Daniel Resolution 2013-07-01A which
approves the .000770 certified tax rate for 2013. This motion was seconded by Council
member Turner. The resolution was adopted by the following vote: Duggin, aye;
Turner, aye; Bateman, aye; Blotter, aye. The lone “nay” vote was cast by Council
member Bunker.
5) DISCUSSION CONCERNING THE DANIEL TOWN WEBSITE
The Town is considering a new website provider and this discussion was to
determine certain features that the Council members would like to see on the new site
once it is in operation. Council member Turner suggested that the Town site should show
pictures of the new entry marker erected on 3000 S near the west end of our Town, and
he also would like the website to direct email to the Council members. Council member
Bunker noted that some people have had trouble using our current email feature. He also
indicated that some users of the site have had trouble maneuvering through the Code and
Ordinances section. This led to a short discussion of codification of the new ordinances
into the Daniel Municipal Code as a desirable goal for the next few months. Council
member Blotter suggested that the Recorder should post 3 years of approve minutes to be
available online, and the Recorder hoped to be able to find a “search” feature to help in
the use of finding information in the minutes. Council member Bunker believes that
there is also a search feature available for audio files.
6) DISCUSSION AND POSSIBLE ACTION TO ADOPT A RESOLUTION TO
RESTRICT FIREWORKS WITHIN TOWN OF DANIEL BOUNDARY
After a short discussion, Council member Turner moved to adopt DANIEL
RESOLUTION 2013-07-01B to prohibit fireworks south of 3000 S and fire restrictions
as adopted in 2012. This motion was seconded by Council member Bunker. Mayor
Duggin called for a vote, and the motion passed. Council members Bateman, Turner,
Bunker voted “aye” along with Mayor Duggin. Council member Blotter voted “nay”.
7) FIRST STEP IN PROCESS TO ANNEX PROPERTY OWNED BY TOWN OF
DANIEL ADJACENT TO THE TOWN’S SOUTHERN BORDER OCCUPIED BY
DANIEL MUNICIPAL WATER FACILITIES.
Mayor Duggin would like to proceed with the annexation of property already
owned by the Town adjacent to the Town’s southern border which is integral to the
operation of Daniel Municipal Water but is currently located in Wasatch County. He
would like to bring these 3 parcels under the zoning control of Town of Daniel. He
presented DANIEL RESOLUTION 2013-07-01C which would authorize the
annexation process to be initiated and approved necessary funding.
Council member Turner moved to approve this resolution as written. Council
member Bateman seconded the motion, and the motion passed by the following vote:
Duggin, aye; Turner, aye; Blotter, aye; Bateman, aye; Bunker, aye.
8) PLANNING REPORT
Council member Bunker, as the Planning Director for the Town, asked the
Council for directions on how to handle a particular application for a lot of record at the
east end of 3000 S.
Council member Blotter at the last meeting thought it would be a good idea to
review applications on a case by case basis as to whether an owner could build, and
Council member Bunker wondered if this case had been sufficiently considered by the
Council or if the Council required more information from Planning.
Council member Turner shared his opinion that he might not be interested in
approving all of the certificates issued by the County, but this particular one had
previously had a house built on it. Mr. John Glodowski agreed that he had personally
witnessed the house on the property and had information about how and why the previous
home was removed to build a new home further back on the lot. The new home was not
built however. Mayor Duggin asked the Council to consider the Town’s intent. Council
member Blotter suggested that he considered these lots as non-conforming to our 5 acre
minimum and would like to see the smaller lots absorbed into larger ones if possible. Mr.
Kim Norris would like to see the Council review each request on a case by case basis.
Council member Bunker (in response to Council member Turner’s query about
his view) said that the Town would have to investigate each lot to see if the specific lot
was “conforming” at the time it was created by Wasatch County. If not, then the Town
would not have to approve it as buildable, and this would not be arbitrary or capricious.
He felt that the Town should try to accommodate an owner if he has a letter in hand from
Wasatch County and has gone through all the required steps for approval. Council
member Turner agreed that there was a time when this lot was legal and conforming at
the time of its creation.
Council member Blotter would like to see the process of what Wasatch County
has done to review these lots, and Mayor Duggin asked Council member Bunker to
please provide a staff report on each situation that comes before the Council.
Mayor Duggin called for a motion, and Council member Turner moved to accept
this particular lot’s zoning letter from Wasatch County as evidence that it is a buildable
lot because when it was created, it complied with the zoning laws of Wasatch County.
He went on to ask that the Daniel Planning Commission write out guidelines and
specifications to accompany future applications/requests with a complete staff report
and planning recommendation. Council member Bunker seconded the motion. In
discussion, Council member Bateman asked if any complaints had been received about
this particular lot. Knowing of none, Mayor Duggin called for a vote. The motion
passed by the following vote: Duggin, Bateman, and Turner voted “aye”, but Blotter
and Bunker voted “nay”.
9) DANIEL MUNICIPAL WATER ISSUES
Recorder Merry Duggin reported that the water system will be trying the
Munibilling system discussed in a prior meeting, but it is under no obligation to continue
using it if the billing does not perform as advertised. The Daniel Municipal system hopes
to provide a good billing service with more options and for a lower cost to the system.
10) RECORDER’S OFFICE: WARRANT APPROVAL, ANNOUNCEMENTS
The warrants were presented.
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; Duggin, aye; Turner, aye; Bateman, aye; Blotter ,aye.
Council member Blotter moved to approve the Daniel Municipal Water
warrants as presented. Council member Bateman seconded the motion, and the
motion passed by the following vote: Bunker, aye; Duggin, 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 Bateman and a unanimous vote by the Council members present, Mayor
Duggin adjourned the meeting at 7:30 PM.
Merry Duggin,
Recorder