Town of Daniel
Daniel Town Council Meeting
November 2, 2009
Wasatch County Services building
Room 132
55 South 500 East
Heber City, Utah
5:30 PM
Quorum present: Mayor Michael Duggin, Council members Eric Bunker, Chip Turner, and Gary Walton were present. Recorder Merry Duggin was present to record the minutes.
Mayor Duggin called the regularly scheduled meeting to order at 5:30 PM.
Council member Blotter arrived at 5:40 PM.
Members of the public in attendance: Lambert Deegan, Dot Zetko, Jim Seely, Sherry Sawdey, J. E. Hines, Jean Mortensen, Keith Bates, Jaye Binkerd, Kevin Distefano, Darwin McGuire, Kim L. Norris, Stephanie Woolstenhulme, Gary Weight, Ron Hinckley, Russ Huntsman, Shelly Bunker.
1) BUSINESS LICENSE APPLICANTS
No new applicants were present. Council member Bunker reported that a letter had been sent to all Daniel business license holders to inform them that some licenses had lapsed and waiving the penalty fee if the license was renewed in October. All but 4 license holders have renewed their licenses, and going forward Daniel will be mailing reminder letters as licenses are expiring.
2) DANIEL ACADEMY COMMUNITY COMMITTEE UPDATE
Mayor Duggin informed the Council that he and Mr. Bunker would be meeting with Daniel Academy on Nov. 4 to discuss the committee. Council member Turner asked why Daniel Academy is required to come before our Council if they already have a license from the State of Utah. Mayor Duggin replied that the State of Utah has the right to regulate and inspect the facility as necessary, but the state authorities require the facility to also have a license in the Town. They are currently operating under a license for a residential facility for persons with disabilities for 8 people.
3) PUBLIC HEARING. REQUEST FROM MRS. SHERRY SAWDEY TO CONSIDER A REZONE OF HER PROPERTY LOCATED AT 2777 MILL RD. FROM RA 5 TO COMMERCIAL. A RECOMMENDATION FROM THE PLANNING COMMISSION WILL BE CONSIDERED.
Mayor Duggin recognized Planning Chair and Council member Bunker who presented a recommendation from the Planning Commission for denial of the zone change to the Town Council.
Council member Bunker moved to open the public hearing, and the second was made by Council member Turner. The Council voted unanimously to open the public hearing.
At 5:40 PM, Council member Blotter arrived and took his seat at the public hearing.
Stephanie Woolstenhulme of 2863 S. Mill Rd, neighbor to the Sawdey property, took the podium and presented a petition with 124 signatures of Daniel residents opposing the zone change. She proceeded to relate a history of the parcel under the ownership of the Sawdey family. She felt that this location should not be zoned commercial citing a fear that the Council couldn’t control the type of business placed there, resultant traffic concerns, degradation of property values in the area, and violation of the Daniel General Plan. She felt that no commercial property should be located along Highway 40 unless there is highway access, and she noted that this property does not have that highway access. She also did not feel that the Enterprise Zone designation was appropriate for this area.
Jaye Binkerd pointed out that Ms. Woolstenhulme was speaking for a lot of people who could not be present as was represented by the petition. She hoped that the Council as elected officials would represent the voice of the people and respect the wishes of immediate neighbors to the parcel rather than the wishes of the entire community. She pointed out that a rezone would open many commercial possibilities for the property, not necessarily a tree farm, and reminded those present that the commercial rezones previously approved by the Town Council had not yet been developed as promised by their owners.
Sherry Sawdey, owner of the parcel, came before the Council to comment that it was her understanding that in order to use her property as she wished and also comply with Daniel Code, she was required to change her zoning to commercial. She stated clearly that she would like to grow trees and sell them to “locals”. She wanted to put up a sign and conduct business on the property. Council member Walton believed that some miscommunication might have occurred about what could be done on her property, and he felt that she could accomplish her purposes without a zone change.
Ron Hinckley commented that as this property is in an Enterprise Zone, denial of the zone change request would set a precedent for future applications. If the Council denied this application, he cautioned the Council that it should review the Enterprise Zone concept as a whole.
As no further commentators came forward, Council member Bunker moved to close the public portion of the public hearing. The motion was seconded by Council member Walton and the Council voted unanimously to close the public hearing.
In Council discussion, Council member Bunker pointed out that our municipal code does not allow a plant nursery in the RA 5 zone. Without a zone change to commercial, Mrs. Sawdey would be allowed to sell only the things that she grew on her property. If she imported anything for sale, it would become a commercial operation.
Council member Walton believed that Mrs. Sawdey could accomplish her goals without a zone change. He then moved to deny the application for zone change as the General Plan is not conducive to such a zone change at this time. Council member Turner made the second.
Mayor Duggin called for a vote. Those voting aye: Mayor Duggin, Council members Blotter, Turner, and Walton. Council member Bunker voted nay. The zone change application was denied.
4) DANIEL MUNICIPAL WATER PROJECT UPDATE
Mayor Duggin informed the Council that the Water Revenue Bonds Series 2009 closed on Monday October 26, 2009, and he asked Ryan Taylor to give an update on the project. Mr. Taylor discussed the new well drilling procedure. The drillers will use a pneumatic hammer during daylight hours only, and later they will use a mud rotary system which will operate 24/7 until the well is completed. A sound wall will be installed to deflect and minimize noise and light. The well could be as deep as 750’ with a 14” bore hole and 8” casing. It is a test well, and a change application for water rights will be completed later.
Gordon Construction is on site and will be moving approximately 9000 cubic yards of dirt in preparing the tank site and improving the access roads. A temporary structure will be built to house the new tank during the construction phase which will allow work to continue through the winter months. Approximately 800 yards of concrete will be required for the tank, and if all goes as planned it should be completed during the winter.
Council member Blotter asked which lines would be replaced to which Mr. Taylor replied that the line on Daniel Rd from 3000 to the north has first priority, then Little Sweden and Mill Rd. and part of 3000 S. Eventually almost all of the lines will be replaced. Council member Walton pointed out that the pressure reduction valve at Daniel Rd. and 3000 S needs to be replaced. Mayor Duggin stated that all of this grant/loan money is to be used for existing users of the current system and not for expansion of the system.
5) DISCUSSION CONCERNING TOWN COUNCIL MEETING SCHEDULE FOR 2010
Mayor Duggin asked for comments from the public. Jaye Binkerd felt that a different day and time would be useful. Scott Binkerd suggested that a 6:30 meeting time would be helpful to those who work.
Mayor Duggin asked the Council members to look at their commitments in 2010 and consider what would be the best meeting time for them. No action was taken. We will discuss this at the next meeting.
6) COMMITTEE REPORTS:
SNOWPLOW: Mayor Duggin reported that an interlocal agreement has been signed with Wasatch County for snow removal services for winter 2009-2010.
CDBG: Council member Blotter discussed our process for application for funds, and it was agreed that the first required public hearing should be held at the next Planning Commission meeting on November 18, 2009.
WATER COMPANY: Council member Bunker pointed out that the water company has not corrected the deficiencies discovered in a recent Sanitary Survey and asked that the water manager take notice and work on completing those requirements and also complete all necessary testing and reports.
7) RECORDER’S OFFICE REPORT
Recorder Merry Duggin presented warrants for approval to the Council totaling $7,650.12 and informed the Council that legal fees will be paid over time rather than in a lump sum.
She announced the polling location for the municipal election at 19 E. Teancum Rd., the residence of Barbara and Kim Norris, and invited all to vote during the poll hours of 7 AM- 8PM on November 3, 1009. She also requested a special Council meeting be scheduled to canvass the municipal election vote, and this meeting was scheduled for November 11, 2009 at 6:30 PM.
8) APPROVAL OF MINUTES FOR OCTOBER 5, 2009 MEETING
Council member Blotter moved to approve the minutes as presented, and the motion was seconded by Council member Walton. In discussion Council member Bunker asked that the approval be tabled, and Council member Blotter withdrew his motion. Council member Bunker moved to table this agenda item for the next meeting. Council member Walton seconded the motion. The Council voted unanimously to address this approval at the next meeting.
9) ADJOURN
Council member Turner moved to adjourn. Council member Bunker seconded the motion, and the vote was unanimous to adjourn at 7:50 PM.
Merry Duggin,
Recorder