Town of Daniel
Town Council Meeting Minutes
March 3, 2008
Wasatch County Building
55 South 500 East
Heber City, Ut
5:30 pm

Quorum: Mike Duggin, Gary Walton, Dan Harvath,
John Blotter, Eric Bunker
Mayor Duggin called the meeting to order at 5:44 pm.
1. Daniel Road conditions
Mayor Duggin talked to Heber City and they
repaired. Gary Walton will talk to the county
regarding Big Hollow Road.
2. Annexation
West Daniels Land Association (WDLA) received
a negative ruling from the Utah Supreme Court.
They have re-filed with the Supreme Court 48
hours later.
The Storm Haven, Crazy Acres and Little Sweden
annexations are complete. The Parry/3600
annexation is in the public comment phase which
ends March 7, 2008. The Council will hear it in
the April meeting. Planning will review it in their
March meeting.
3. Water Company update
Merry Duggin reported that they are
accumulating the documentation they need for
their filing. She reviewed the process and informed
the public that the shareholder meeting is March
14, 2008.
4. Open Space
Eric Bunker reported that Planning recommends
Title 2 be adopted to establish boards. He said
Planning set up a committee to inform the Town
and to assist John Blotter. The names submitted
are John Penny, Gary Weight, Kim Norris and
Barry Hobbs.
John Blotter stated that this issue needs to be
revisited and this committee is the way to do it.
There was discussion on the scope of the
committee and timeframe.
6. Committee Reports
Eric Bunker reported that a permit was issued for
Driscoll. Their project was red tagged but it is
now back on track. He said this Thursday is the
deadline for an onsite restroom for the barn on
3000 South.
Merry Duggin reported she is starting another
edition of the newsletter and asked for
suggestions. There was discussion about
rebuttal of the Wave article regarding WDLA’s
Supreme Court decision.
Eric Bunker stated that the business license for
Coleman Trucking needs to be continued
because no representative is present. He stated
he will send another letter and there was
discussion about how much time they needed.
Motion – Gary Walton
To continue the Coleman business l
license and notify them regarding the
change of address of the office and
trucking operation.
Second – John Blotter
Passed unanimous
Mayor Duggin reported on the interlocal
agreement between Town of Daniel and the
County. He said it is on the next County agenda.
Mayor Duggin explained that there are loose
strings to tidy up regarding the Town Code. He
handed out a document that outlined the areas
that needed attention.
Dan Harvath talked about a fund raiser for the
legal fees from the WDLA lawsuits. Rob
Armstrong has offered his shop but a date has
not been decided on and fund raising ideas are
needed. Lambert Deegan volunteered to help
Dan Harvath.
Eric Bunker reported there are 3 openings on the
Planning Board. The notice is in the Wave. The
Board voted on Chair and Vice Chair for 2008
and elected Eric Bunker as Chair and Francis
Smith as Vice Chair.
5. Continuation of Public Hearing on Title 3 and Title
8
Motion – Eric Bunker
To open the Public Hearing
Second – Dan Harvath
Passed unanimous
Mayor Duggin turned the meeting over to Dan
Harvath. Dan Harvath explained that the Town
Code is a lengthy work in progress and we may
not get to everything but there are some items
that are crucial. They are listed on the handout in
order of necessity.
Title 3 regarding business license renewals was
discussed.
Motion – John Blotter
To change 3.1.5(d) from 30 days to 10
days
There was discussion on the timeframe.
Second – Mike Duggin
Gary Walton nay
Dan Harvath yea
Mike Duggin yea
John Blotter yea
Eric Bunker yea
Eric Bunker stated that C.1 was an overlap.
Dan Harvath said that it was the difference
between commercial/industrial and home based
businesses. Eric Bunker reminded the council
that the Skinner dog kennel was in RA-5 and not
inclusive in 2 zones.
Motion – Mike Duggin
To adopt 04.A as modified
Second – Dan Harvath
Gary Walton yea
Dan Harvath yea
Mike Duggin yea
John Blotter yea
Eric Bunker yea
Home nightly rentals
There was discussion about the number of
consecutive days and complaints from neighbors.
Mike Duggin commented that this code would
give the Town a modicum of control where there
is none. The discussion turned to who would be
liable for and charged with problems, the
leaseholder or the owner.
Motion – Eric Bunker
To get legal clarification on the term
“leaseholder” by an attorney.
Second – John Blotter
There was discussion finding a definition without
paying an attorney. Dan Harvath suggested
law.com.
Gary Walton nay
Dan Harvath nay
Mike Duggin nay
John Blotter yea
Eric Bunker yea
Motion – Mike Duggin
To adopt 04.B as published
Motion died – no second
Motion – Eric Bunker
To continue 04.B, the entire ordinance
Second – John Blotter
Gary Walton yea
Dan Harvath yea
Mike Duggin nay
John Blotter yea
Eric Bunker yea
RA-1 Zone
Dan Harvath explained that when the Town
annexed Storm Haven, we annexed an RA-1
zone. There was discussion on where the zone
originated and how to restrict the zone to the
existing piece so that the RA-1 zone was not
available in the future.
Motion – Mike Duggin
To accommodate previously existing
zoning of RA-1 zone, which was
annexed into the Town of Daniel,
included in the Storm Haven annexation.
Second – Gary Walton
Gary Walton yea
Dan Harvath yea
Mike Duggin yea
John Blotter yea
Eric Bunker yea
8.08.04 Lot area and density
There was discussion on 8.27.10, 8.08.05,
8.08.03, 8.08.06, 08.08.09 and 8.08.15 and how
these codes relate to lots, frontages and
development.
Motion – Mike Duggin
To adopt 8.08.01 with Children’s Justice
Center and 08.08.15. This adoption
includes changes and amendments.
Second – John Blotter
Gary Walton yea
Dan Harvath yea
Mike Duggin yea
John Blotter yea
Eric Bunker yea
8.02.03
Dan Harvath explained “Wasatch County” was
left in the code and needs correction.
Motion – John Blotter
To adopt 8.02.03 with corrections
Second – Eric Bunker
Gary Walton yea
Dan Harvath yea
Mike Duggin yea
John Blotter yea
Eric Bunker yea
Planning and Board of Adjustment Title 2
Dan Harvath explained that our attorney advised
Title 2 be written and adopted. He said that there
are two alternatives and talked about the basic
differences in them. There was discussion on the
qualifications for board membership, the creation
of the boards, how many members on them and
the terms. Shelly Bunker stated that if it isn’t
broke, don’t fix it. Dan Harvath stated that it is a
positive to have a cross over member between
the Planning Board and Town Council.
Shelly Bunker questioned why the Town would
spend money on seeking legal advice regarding
the boards and not spend money to clarify legal
questions. She stated Mayor Duggin and Dan
Harvath feel ganged up on and that Dan Harvath
needs to listen to the public.
There was discussion on if the crossover
member to the Council should be a voting member on
the Planning Board. Mayor Duggin stated that our
attorney is trying to protect us from future
litigation.
Motion – Dan Harvath
To adopt subsection 2.01(3) to the end
of 2.03(b) of alternative 1.
Second – John Blotter
Gary Walton nay
Dan Harvath yea
Mike Duggin yea
John Blotter yea
Eric Bunker nay
Dan Harvath asked about the methods of
appointment. There was discussion about
qualifications and powers and duties.
Motion – John Blotter
To adopt (e) of alternative 2 with
changes
Second – Dan Harvath
Gary Walton yea
Dan Harvath yea
Mike Duggin yea
John Blotter yea
Eric Bunker yea
Motion – Dan Harvath
To adopt a resolution to appoint four (4)
Planning Board members
Eric Bunker
Diane Grose
Francis Smith
Lynn Crisler
Second – John Blotter
Gary Walton yea
Dan Harvath yea
Mike Duggin yea
John Blotter yea
Eric Bunker nay
7. Approval of Minutes
Motion – Gary Walton
To approve as written
Second – Eric Bunker
Passed unanimous
8. Adjourn
Motion – John Blotter
To adjourn
Second – Dan Harvath
Passed unanimous
Mayor Duggin adjourned the meeting at 10:21 pm.
Mayor Duggin reopened the meeting at 10:23 pm.
Motion – Eric Bunker
To continue the Public Hearing for Title 8
(F-N on the worksheet)
Second – John Blotter
Passed unanimous
Motion – John Blotter
To adjourn
Second – Eric Bunker
Passed unanimous
Mayor Duggin adjourned the meeting at 10:25 pm.