Town of Daniel

Town Council Meeting Minutes

November 17, 2008

Originally scheduled for November 3, 2007

Wasatch County Services Building

55 South 500 East

Heber City, Utah

Room 132

5:30 PM

This meeting was originally scheduled for November 3 but was rescheduled for November 17 to accommodate Town Council members who were unavailable to meet on November 3.  The cancelled meeting and rescheduled meeting was properly noticed on the website, published in the Wasatch Wave and posted in 3 public places.

Quorum: Mayor Mike Duggin, Council members Heather Bateman, Eric Bunker, and Gary Walton were present.  Recorder Merry Duggin was present to record the minutes.

Members of the public signing as being in attendance: Gary Weight, Jean Mortensen, Lynne Seus, Tracy Turner, Chip Turner, Lambert Deegan, Jaye Binkerd, Diane Grose, Brian Murdock, Ed Callahan, Lillian Meredith, James Packer, Claire Averett, Stan Walton, Stephanie Woolstenhulme, Cheryl Thacker, Hugh McLean, Barb Norris, Kim Norris, Melanie Coleman, Jeanne Chidester, Lorie Hobbs, Barry Hobbs, Ryan Taylor, Nephi Trunnell, Kristine Bethers, Teri Welch, Paul Berg.  Other signatures were illegible, and the Recorder noted persons in the meeting who had not signed the attendance sheet.

Mayor Duggin brought the meeting to order at 5:30 PM., and he changed the order of the items on the agenda to accommodate a large number of people who were attending the meeting for item number 4.

4. PUBLIC HEARING CONTINUED FROM OCTOBER 6, 2008 TO ALLOW “Therapeutic Boarding School” AS A CONDITIONAL USE IN THE P(PRESERVATION) 160 ZONE.

Mayor Duggin mentioned that he had received a letter from the law firm Packer and Meredith, attorneys representing Daniels Academy, which demanded that discussions concerning the school be held in confidence.  The letter was received after the agenda had been posted, and the Council was prohibited from going into a closed session.  Mayor Duggin desired to have our attorney consider this demand, and he asked the Town Council to continue this hearing to our December 1 meeting.  Council member Bunker voiced a concern that our Town code requires us to address this code text amendment request by November.  Ms. Meredith, attorney for Daniels Academy, and Brian Murdock voiced a concern that a decision for denial of this code text amendment request had already been made.  Mayor Duggin responded that Council member Blotter’s motion to deny the code text amendment had been withdrawn at the October 6 meeting.  No decision had been made since the last meeting.

Council member Jon Blotter arrived at 5:35 PM.

Council member Walton asked for verification from the applicant that he agreed to a continuation of this issue, and Mr. Murdock did accept the continuation.  Mr. Walton then moved to continue the issue until December 1 so that the Town Council would have an opportunity to consult legal counsel.  Council member Bateman made the second.  The motion passed by the following vote:  Bunker, nay; Bateman, aye, Blotter, aye; Duggin, aye; Walton, aye.  The issue of the municipal code text amendment  was continued to the December 1 meeting.

11. APPROVAL OF MINUTES FROM THE GENERAL COMBINED TRAINING SESSION OF SEPTEMBER 3, 2008 AND FROM THE OCTOBER 6, 2008 REGULAR MEETING

Council member Bunker moved to approve the September 3, 2008 training session minutes as presented.  Council member Blotter seconded the motion, and it passed unanimously.

In consideration of the October 6 minutes, Council member Bunker proposed changes which the Recorder made.  Council member Blotter moved to approve the minutes with the proposed corrections. Council member Bateman made the second, and all council members voted for approval except for Mr.Walton, who abstained as he was absent from the October 6 meeting.

1. BUSINESS LICENSE APPLICANTS

No applicants were present.

2. PUBLIC HEARING TOHEAR COMMENT FOR OR AGAINST AND TO CONSIDER AN ORDINANCE ALLOWING A ZONE CHANGE FROM RESIDENTIAL AGRICULTURAL 5 ACRES TO COMMERCIAL FOR PROPERTY OWNED BY SHERRY SAWDAY AT 2777 S. MILL ROAD

Council member Walton moved to open the public hearing.  Council member Blotter made the second, and the motion passed with a unanimous vote.  Mayor Duggin opened the public hearing and asked those people wishing to speak to sign a sheet at the podium and to speak one time per each public hearing to allow everyone to be heard.

Stephanie Woolstenhume, the property owner adjacent to the Sawdey property, presented a history of the property being considered for rezoning, and she concluded that the property had already received special consideration by Wasatch County officials.  She did not approve of the Enterprise Zone designation of the area which the Daniel Town Council had approved in 2007 and wanted that designation removed from the 8 properties in that area.  She presented a petition signed by approximately 100 residents against the rezoning of Ms. Sawdey’s property.  Ms. Woolstenhulme cited traffic concerns, danger of accidents at the intersection of Hwy 40 and Mill Road, and the possibility that many businesses could be built on this property as reasons for her opposition to the zone change.  She insisted the rezone would degrade property values, result in haphazard development, and harm our agricultural lifestyle. She wanted any commercial property to have access to Hwy 40 and not on residential streets, particularly Mill Road.  (The petition and her full comments are on file with the Daniel Recorder and are available for inspection and copying by contacting the Recorder.)

Randy Birch, attorney for Ms. Sawdey, spoke on behalf of Ms. Sawdey who was out of town.  He felt that it was staggering that this rezone request would receive such opposition.  His comments are as follows:  Towns establish commercial zones close to state highways.  You can’t get any closer to a highway than this property.  UCA 10-9-801 gives a town’s legislative body the authority to make decisions as long as it is not arbitrary and capricious.  Towns should make a plan and make changes consistent with that plan.  If a town doesn’t want an Enterprise Zone, it should get rid of it, but this property is in the Enterprise Zone which currently exists.  He hoped that the council would approve this zone change request.

Lynne Seus commented that the intersection is too dangerous to handle commercial traffic that would be generated.  She called it a “blatant public endangerment”.  She also felt that the property did not have enough water.

Debbie Bunker, realtor for Ms. Sawdey, agreed that the intersection is not safe, and she commented that as homes are built on the property across the street in Heber City, the traffic will become worse.  She commented that Ms. Sawdey wants to lease her property to someone who will build a nursery and has enough water for this project.  She pointed out that there is current commercial zoning farther south on Hwy 40 and hoped that the Council would approve the zone change.

Jaye Binkerd was concerned about the neighborhood and felt that another property owner’s request for a zone change was a breach of faith to her.  She felt that the property should remain RA5 which is what it was when she purchased the property and doesn’t want any business in her backyard.

Cheryl Thacker was worried that if we start “this”, it would invade our residential roads, and she recommended denial of the zone change.

With no further comment, Council member Blotter moved to close the public comment portion of the public hearing, and Council member Walton seconded the motion.  The council voted unanimously to close this hearing.

In discussion, Council member Bunker stated that the Planning Commission after its public hearing on this rezone request had no recommendation for the Council; however the Planning Staff report had recommended approval to commercial.  Mr. Bunker also informed the Council that Heber City has already zoned the area directly across Mill Road as Commercial, and the Heber City future land use map shows that if the property directly across Hwy 40 is annexed into Heber City it will be zoned as Commercial as well.  As Daniel Town has no “Main Street”, we must rely on our highways for commercial zoning.  He said that this is a tough issue, but we must look “down the road”.

Council member Blotter commented that it is good to keep our rural atmosphere.

Mayor Duggin noted that we require commercial zoning to raise revenue, or if Daniel Town is forced to initiate a property tax, it will have to be 66% higher than most towns to raise the necessary revenue.

Council member Bateman pointed out that 100 residents had signed a petition saying that they didn’t want this zone change.

Council member Walton asked those present if any property on the east side of Mill Road was currently zoned anything but RA5.  In response Mr. Russ Huntsman made several comments.  Mr. Huntsman owns property adjacent to Ms. Woolstenhulme’s and to Ms. Sawdey’s property and all properties are currently zoned RA5.  He has a right of way through property owned by Veigh Cummings on Hwy 40 and believes that this property has been used for commercial purposes for a long, long time.  He had heard lots of opinion from the speakers but no facts.  He sees a need for commercial and suggested that a frontage road would address the traffic issues at that corner.

Council member Blotter moved to deny the zone change request at 2777 S. Mill Road to Commercial.  Council member Bateman made the second. Mayor Duggin called for a vote recorded as:  aye, Bateman and Blotter; nay, Bunker, Duggin, and Walton.  The motion failed.

In discussion, Council member Walton commented that Daniel Town does need commercial zones to keep the town viable, but this bad intersection and 106 signatures on a petition made this a tough decision.

Council member Blotter said that we do need commercial, but he would pay a little more in property taxes to keep what we have. He saw this zone change somewhat as spot zoning.

Council member Bunker pointed out that a zone change is a property owner application driven process.  Daniel Town has not rezoned people’s property.  Mill Road actually belongs to Heber City, and Daniel Town has no power to decide any classification of it.

Council member Bunker moved to approve the zoning change based on our commercial land use code as this property has Hwy 40 access.  The motion failed for lack of a second.

Council member Blotter moved to deny the zone change based on our General Plan.  Council member Bateman made the second.  The mayor called for a vote.  Voting aye were Council members Bateman and Blotter, and voting nay were Council member Bunker and Mayor Duggin, with Council member Walton abstaining.  The motion failed.

In discussion Council member Blotter read quotes from the General Plan.  Council member Walton noted that this area along Hwy 40 would inevitably be commercial as Heber City has already zoned commercial property in proximity of residential zones.  Council member Bateman noted the number of signatures on the petition.

Council member Blotter moved to deny the zone change request, seconded by Council member Bateman.  The mayor called for a roll call vote.  Bateman, aye; Blotter, aye; Bunker, nay; Duggin, nay; Walton, aye.

The motion to deny the zone change passed.  A letter will be sent to Ms. Sawdey denying her zone change request from RA5 to Commercial.

3. PUBLIC HEARING TO HEAR COMMENT FOR OR AGAINST AND TO CONSIDER AN ORDINANCE ALLOWING A ZONE CHANGE FROM FESIDENTIAL AGRICULTURAL 5 ACRES TO COMMERCIAL FOR PROPERTY OWNED BY NEPHI TRUNNELL AT 3600 S. HWY 40.

A motion to open the public hearing was made by Council member Blotter and seconded by Council member Bateman.  The motion passed with a unanimous vote.  Mayor Duggin asked for public comment.  When no one came forward to speak Council member Walton moved to close the public comment portion of the public hearing.  The second was made by Council member Blotter and the vote was unanimous.

In discussion, Council member Bunker told the Council that this property is already zoned commercial except for 1/3 acre and has been recommended for Hwy 40 access but has not received final approval from UDOT.  The Planning Commission had recommended approval of the zone change based on its current commercial zoning, access, proximity to Hwy 40, minimal impact to the Town, and its inclusion in our Enterprise Zone.

Council member Blotter moved to accept the zone change with Council member Walton making the second.  The motion passed with a unanimous vote.

Mayor Duggin read Ordinance 2008-11-17A approving the zone change for this property, and Mayor Duggin called for a roll call vote:  Bateman, aye; Blotter, aye; Bunker, aye; Duggin, aye; Walton, aye.  The vote was unanimous to approve the ordinance approving a zone change to commercial. A letter will be sent to Mr. Trunnell informing him of the zone change.

5. REQUEST FOR ZONE CHANGE FOR PROPERTY OWNED BY HARRY WEYANDT (NITRO PAK) ON 3000 SOUTH (FORMERLY ELLIS PROPERTY)

Paul Berg of Berg Engineering spoke on behalf of Mr. Weyandt and his proposed master plan for the project already in the development approval process.  He asked that the Council consider rezoning additional acreage so that a total of approximately 10 acres could be included in the master plan.  He stated that there has been preliminary discussion with UDOT for access on Hwy 189.

Council member Bunker informed the Council that Mr. Weyandt has already been approved for a commercial zone change for an original 5 acre parcel and has footprint approval for this property, but he would now like to include additional property in the footprint.  The Town Council or the Planning Commission would need to initiate a request for zone change since the deadline for rezone applications has already passed for this year.  Mr. Bunker stated that since this is the entry of our Town, the Council should initiate this process.

After a public reading of DMC 8.02.05 to make sure of compliance with our municipal code, Council member Walton moved to initiate the process for zone change and to send it on to the Planning Commission.  The motion was seconded by Council member Bunker, and it passed by the following vote:  Bateman, aye; Bunker, aye; Duggin, aye; Walton, aye; Blotter, nay.

6. INTERLOCAL AGREEMENT FOR SNOW REMOVAL.

Mayor Duggin informed those present that Daniel Town has signed an interlocal agreement with Wasatch County for snow removal for the Winter season 2008-09.  After looking at all the costs involved, this agreement appeared to be our best and most cost effective option at this time.

7. DISCUSSION AND POSSIBLE CONSIDERATION OF A RESOLUTION OR ORDINANCE ACCEPTING DANIEL DOMESTIC WATER COMPANY AS A MUNICIPAL SYSTEM FOR DANIEL TOWN

Mayor Duggin discussed the intent of bringing Daniel Domestic Water Company (DDWC) into Daniel Town as a municipal water system which can protect unused water for a 40 year period for future growth. The Town will be applying for a Community Development Block Grant to help in developing the water system, and Mayor Duggin is looking into other sources of funds as well.  Epic Engineering is developing a capital facilities plan to modernize and upgrade the system which would be a multi year process and will include prioritized projects to be completed as funds are available. Council member Blotter indicated that we need to get the legal process of accepting DDWC as a municipal system completed as quickly as possible, and the Council agreed that the Recorder should email the agreement to each Council member as soon as it becomes available.  Then through either phone calls or a special meeting, the Council should be able to make a timely decision and take action.

8. CDBG (COMMUNITY DEVELOPMENT BLOCK GRANT)

Council member Blotter reported that the Town is working on writing our proposal with assistance from Ryan Taylor of Epic Engineering.  He also announced that the required first public hearing was scheduled for November 19 and had been properly noticed.

9  ADOPTION OF AN ORDINANCE FOR TOWN MEETING SCHEDULE 2009

Mayor Duggin read ordinance 2008-11-17B establishing the 2009 meeting schedule for Daniel Town Council meetings as the first Monday of each month at 5:30 PM in the Wasatch County Services Building, Rm. 132, at 55 South 500 East, Heber City, UT.  One deviation from this schedule was noted by the ordinance as the September meeting will be held on the second Monday due to the Labor Day holiday.  Council member Walton moved to adopt the schedule as read, and Council member Blotter seconded the motion.  There was no discussion, and the motion passed unanimously.  A copy of the schedule is attached to the ordinance and will be published in the Wasatch Wave and posted in 3 public places and on the website.

10. COMMITTEE REPORTS

No committee reports were presented.

11. ADJOURN

Council member Blotter moved to adjourn. The motion was seconded by Council member Walton, and the motion passed unanimously.  Mayor Duggin adjourned the meeting at 7:09PM.

Merry Duggin

Recorder