Daniel Town Council Meeting and
WATER TANK ANNEXTION PUBLIC HEARING
AND
TOWN COUNCIL AND PLANNING COMMISSION
PUBLIC HEARING FOR WEYANDT PROPERTY ZONE CHANGE
Monday, November 4, 2013 at 6:00 PM
Wasatch County Services Building, Room 126
55 South 500 East, Heber City, UT
Quorum present: Council members Eric Bunker, Kasey Bateman and Chip Turner were
present at 6:00 PM when Mayor Michael Duggin called the meeting to order. Council
member Jon Blotter arrived after the meeting opened. Recorder Merry Duggin was
present to record the minutes. Treasurer Sherri Price was also present.
A quorum of the Daniel Planning Commission present: Jaye Binkerd, Kim Norris,
Blaine Smith, Pam Skinner, Gary Weight, John Glodowski, Kathy-Jo Percy.
Members of the public in attendance: Lambert Deegan, Ryan Taylor, Nate Orton,
Alexandria Orton, Neil Wallace, Melanie Bosworth, Douglas Maughn, Becky Edwards,
Tricia Steiner and her family, Greg Gagnon, Mr. and Mrs. Harry Weyandt.
1) PUBLIC COMMENT CONCERNING ANY ISSUE NOT ON THE AGENDA
There was no public comment.
2) BUSINESS LICENSE APPLICANTS
Nate Orton representing Lone Peak Sprinkler and Landscaping requested a
business license for his landscaping business to be located at 2777 S. Mill Rd. Mr. Orton
stated that he felt his business fits under the category of agriculture and would be a good
fit for the Town. He will store trees and park trailers and trucks on the property, but he
will have no retail operations at this location. His approximately 10 employees will
arrive at 7-8 AM, load the trucks, and return 5-7 PM. He will also store other pieces of
equipment related to his operation such as a skid steer, excavator, dump truck, etc.
Council member Turner moved to approve this license for Lone Peak. Council
member Bateman seconded the motion, and the Council voted unanimously to approve
the motion.
Mr. Greg Gagnon, representative of Mr. Orton, asked if there would be any
further steps in the license process such as inspections. Council member Bunker
responded that there would be no inspections unless the Town received a complaint or
report of a problem with the business which would require a review by the Town.
Council member Jon Blotter arrived at 6:10 PM.
Mayor Duggin moved to item 4 on the agenda at this time.
4) COUNCIL CONSIDERATION OF APPLICATION FOR REASONABLE
ACCOMMODATION FOR DANIELS ACADEMY
Mayor Duggin reported to the Council that the new director Dr. Shane Whiting
wanted to be at this meeting, but he is out of town. However, several other Daniels
Academy employees were present.
Human Resources Manager Becky Edwards introduced Doug Maughn, clinical
director, Melanie Bosworth, RN, and Neil Wallace, program director; and she stated that
while the personnel has changed at Daniels Academy, the program has not changed.
Mayor Duggin read a letter from Dr. Whiting requesting 16 students be allowed in
the program (8 more than the Town code allows) in order to support the payroll for the 42
professionals involved in running the program.
Council member Blotter asked if the program had added additional staff.
Wasatch County Health Dept. has determined that 18 persons could be housed in this
residence, and Mr. Blotter wondered if the program currently has more than 18 persons
staying at the home. The response was that the nighttime staff is only 2-3 people which
would not be over the 18 persons allowed. Mr. Maughn stated that the ratio of staff to
students is 1:4, but most of the staff is at the school location in Heber City.
Gary Weight, a Daniel resident who lives near Daniels Academy, stated that there
have not been problems with the current number of residents at the residence and seemed
to support the request for 16.
There was a discussion concerning students performing public service in the
Town, and the staff invited the Town residents to visit or tour the residence at any time.
Council member Bunker asked the staff if they had a copy of an agreement between the
Town and Daniels Academy established some years ago outlining the relationship
between the two. The staff indicated that they were unaware of the agreement and
requested a copy. Council member Bunker promised that they would receive one.
Council member Bunker read a lengthy statement which is attached to these
minutes. His motion was as follows: “I move that we approve the reasonable
accommodation to Shane Whiting for an additional 8 students, upon license
verification. That this reasonable accommodation goes with the applicant and is not
attached to L&C Holding’s license, or Daniels Academy or its Town License. Should
Mr. Whiting discontinue to manage or the licenser of Daniel Academy expire or be
revoked, or fail to meet the requirements of licensure, the residential facility for
persons with disability and the reasonable accommodation would expire and be void.
The use would immediately discontinue for all persons of the residence and a single
family dwelling would resume with all applicable rules.”
Becky Edwards stated that Daniels Academy would cooperate with the Town in
any way requested, and she added that the residence had recently passed inspection with
the Wasatch County Health and Wasatch County Fire inspectors, and neither had
expressed any concerns about the residence.
In discussion, Council member Turner asked that the Town consider reviewing
this accommodation after a year.
Council member Bunker modified his motion to include a one year review, and
Council member Turner seconded the motion.
The motion passed by the following vote: Duggin, aye; Bunker, aye; Bateman,
aye; Turner, aye; Blotter, nay.
Council member Blotter requested that the minutes show that he would like to
investigate if the residence has more than 18 persons at any time, and he would like a
follow up on this issue.
5) PUBLIC HEARING FOR ZONE CHANGE FROM COMMERCIAL TO RA 5—
WEYANDT PROPERTY LOCATED AT 1938 W 3000 S AND 2855 HWY 189
Mayor Duggin welcomed the Planning Commission and noted that all the
Commissioners were present at this meeting and public hearing.
Mayor Duggin called for a motion to open the public hearing. Council member
Turner moved to open the public hearing, and Council member Bateman seconded the
motion. The motion passed by a unanimous vote of the Council.
Council member Bunker opened the discussion by informing the public that the
permits and approvals for the Weyandt commercial project proposed for these properties
have expired, and the Planning Commission has recommended that the Council consider
changing the zoning back to their original RA 5. (Note: The properties were zoned
Commercial in 2008-09 at the request of Mr. Weyandt.)
Mr. Harry Weyandt spoke on his own behalf. He explained that he had put a lot
of time and effort into zoning these 10 acres as Commercial, but the economy had hurt
his business. He was unable to complete his commercial project due to the slow
economy. In addition there were some problems with the septic situation which would be
very expensive, and the water lines near the property were unable to provide the
necessary fire flows required for his project requiring additional expense. He would like
to see the property zoning remain Commercial.
Commissioner Blaine Smith had a concern about a possible airport expansion
which would affect anything built on these properties.
Commissioner Gary Weight commented that the Planning Commission had not
heard anything from Mr. Weyandt about his plans for the property, and Mr. Weyandt
apologized for not updating the Town. He stated that the economy is still not good, and
he would eventually like to come back to the Town for reapproval of his concept.
Mrs. Weyandt did not realize that the approval and permits issued in 2007 and
2008 had an expiration date.
Council member Bateman stated that it was in the Town’s best interest to know
what Mr. Weyandt is doing with the property and would like the Town to have a say in
what happens there.
Council member Blotter stated that once a property is zoned as commercial, any
of our permitted uses could occur there. Mr. Weyandt responded that whatever happens
and no matter who does it, the Town would have to approve it.
Mayor Duggin was excited about the commercial plans in 2008 and felt they were
a good fit for the Town, but since the approval has expired, a new concept might be less
desirable for the Town.
Mr. Weyandt wondered why this rezone had come up? The response was that
another property owner had requested a zone change, which prompted the Town to look
at its zoning. Mr. Weyandt had not responded to inquiries from Planning concerning his
plans for the property.
Council member Turner moved to close the public hearing. After a second
from Council member Bateman, the Council voted unanimously to close the public
hearing.
Council member Turner moved to continue this issue to the December 2, 2013
meeting. Council member Bunker seconded the motion, and the motion passed by a
unanimous vote.
The Town will accept written comment from the public until November
14, 2013, and the Council will consider this issue at the December 2 meeting.
Mayor Duggin moved to item #9 on the agenda at this point in the meeting.
9) PLANNING DEPARTMENT REPORT
The Steiner family wants to purchase the lot at the eastern end of 3000 S on Mill
Rd., but they need assurance that it is a buildable lot before they buy it. The Council
discussed whether the County had issued a certificate of “lot of record” for this lot, and in
fact, whether the Town of Daniel would have to honor “Certificate of Zoning
Verifications” issued by Wasatch County prior to the Town’s existence. Many members
of the Planning Commission remembered a house existing on this particular lot and felt
that this lot should be buildable. Gary Weight stated that the county had been
inconsistent over the years with the way they had handled zoning and certifications.
Council member Bateman felt that the Council had witnesses that a house had existed on
this lot, and the water tap has been maintained, and he felt the Council should act to
accept this lot as buildable.
Council member Blotter moved to approve this lot to build one house.
Councilman Bateman seconded the motion, and the motion passed by the following
vote: Duggin, aye; Bateman, aye; Turner, aye; Blotter, nay; Bunker, nay.
6) PUBLIC HEARING FOR WATER TANK ANNEXATION
Council member Blotter moved to open the public hearing, and Council
member Bateman seconded the motion. With a unanimous vote by the Council, Mayor
Duggin opened the public hearing.
There being no public comment, Mayor Duggin accepted a motion by Council
member Blotter to close the public hearing. The second was made by Council member
Turner, and the Council voted unanimously to close the public hearing.
Mayor Duggin read Daniel Ordinance 2013-11-04 to approve the annexation of
the Water Tank property and requested a motion. Council member Blotter moved to
approve the ordinance. Council member Turner seconded the motion. The Council
approved adoption of DO 2013-11-04 by the following vote: Mayor Duggin, aye;
Council members Blotter, aye; Bateman, aye; Bunker, aye; Turner, aye.
7) DISCUSSION AND POSSIBLE COUNCIL ACTION REGARDING TOWN OF
DANIEL JOINING BLUE STAKES UTILITY MARKING SERVICE
This discussion was continued from the October meeting. Mayor Duggin had
researched utility marking service costs and found them to be quite expensive for our
purposes. He has concluded that the Town of Daniel should purchase the necessary
equipment and train our own personnel to perform this marking service. Council member
Bunker has already been doing this for the Town on some occasions, and he believes that
the Town will soon require a Public Works Department to perform this kind of service.
There is some confusion with excavators acquiring excavating permits from Heber City
even though they are working in Town of Daniel, and we should find a way to resolve
this problem. Mayor Duggin agreed to investigate the expense of acquiring the proper
equipment we would need.
Council member Bateman moved to pursue joining Blue Stakes and
investigating the cost of location equipment. Council member Bunker seconded the
motion, and the motion passed by a unanimous vote.
8) UPDATE ON THE STORM HAVEN CULVERT PROJECT
Ryan Taylor reported that the asphalt paving is expected to be completed this
weekend.
10) DANIEL MUNICIPAL WATER ISSUES AS NECESSARY.
No issues were discussed at this meeting.
11) RECORDER’S OFFICE; WARRANT APPROVAL, ANNOUNCEMENTS,
FIRST CONSIDERATION OF 2014 MEETING SCHEDULE
Ms. Duggin presented the warrants for October and requested formal approval.
Council member Turner moved to approve the warrants as presented, and Council
member Blotter seconded the motion. The warrants were approved by a unanimous
vote of the Council.
Ms. Duggin then presented the November warrants and requested approval.
Council member Blotter moved to approve the warrants as presented. Council member
Turner seconded the motion, and the Council approved these warrants by a unanimous
vote as well.
Ms. Duggin presented the draft minutes of the October 7, 2013 meeting.
Council member Bunker pointed out two minor spelling corrections, and then he
moved to approve the minutes as corrected. Council member Bateman seconded the
motion, and the Council voted unanimously to approve the minutes.
Ms. Duggin presented a proposed 2014 meeting schedule and asked the Council
to peruse the schedule and submit any requests for changes to her.
12) ADJOURN
Council member Turner moved to adjourn. Council member Bateman
seconded the motion, and the Council voted unanimously to adjourn. Mayor Duggin
adjourned the meeting at 7:54 PM.
Merry Duggin,
Recorder