Town of Daniel

Town Council Regular Meeting Minutes

October 6, 2008

Wasatch County Services Building

55 South 500 East

Heber City, Utah

Room 132

5:30 PM

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

Members of the public signing as being in attendance:  Darwin McGuire, Lauri H. Klenk, Joe Dunbeck, Lambert Deegan, Allen L. Remund, Terry Heftel, Marilou Hall, Renee and Chris Anderson, Ryan Taylor, R. Hinckley, Teri Welch, Ed Callahan, Barb Norris, Lorie Hobbs, John Glodowski, Corbin Linde, Gary Weight, Paul Duke, Laurie Duke, Kipp Bangerter, Mike Klenk, Kevin Distefano, Blaine Stewart.  The Recorder noted that other persons present did not sign the roster.

Mayor Duggin called the regularly scheduled meeting to order at 5:37 PM.

1. COMMENTS BY POLITICAL CANDIDATES KRAIG POWELL AND NEIL ANDERTON

The mayor opened the meeting with the second item on the agenda, candidates vying for Utah House seat District 54.  Republican Kraig Powell, currently city attorney for Midway and Francis, Utah, would not have voted for House Bill 466 of the 2006 session (the controversial incorporation statute that was replaced in the next congressional session).  He would serve as an advocate for public education and encourage land use decisions for effective planning while protecting property rights.  Democrat Neil Anderton emphasized that he has time available to be accessible to his constituents.  He encouraged application for grant monies to bolster municipal budgets, and he would continue to battle the “aftermath of HB 466”.  He would serve as a proponent of ethics reform, health care reform, and energy issues.

2. BUSINESS LICENSE APPLICANTS

Mike Klenk who lives on west 3000 South requested a license for Klenk Construction Company, a remodeling business.  Council member Blotter moved to grant the license.  Council member Bateman made the second, and the motion passed by a unanimous vote.

Lauri Klenk, who lives on west 3000 South, requested a license for Great Escapes, a reservation business.  Council member Bateman moved to grant the license which was seconded by Council member Blotter, and the motion passed with a unanimous vote.

Allen Remund, of Rocky Mountain Weed and Pest Control which has operated from Mill Road since 1982, requested a license.  There was discussion that this business was operating before our ordinances went into effect; therefore his one ton trucks are grandfathered.  This business however cannot expand under our ordinances.  Council member Blotter moved to grant the license.  Council member Bateman made the second, and the motion passed with a unanimous vote.

3. FRANCHISE AGREEMENT WITH HEBER, LIGHT, AND POWER

Council member Bunker opened the discussion with a concern that this agreement would give HL&P the right to dig in our rights of way but HL&P would not be required to get a dig permit and be subject to inspections.  Mr. Joe Dunbeck and Mr. Blaine Stewart of HL&P stated that HL&P would be required to observe our ordinances and procedures of the Town.  Council member Bunker also pointed out that Daniel Town would have no representation on the interlocal board.  Mr. Dunbeck pointed out that this is a franchise and not an interlocal agreement. Mayor Duggin suggested an agreement term of 10 years to allow HL&P to function and make plans and would follow the precedent set by Wasatch County (when they signed an agreement of 10 years).  Council member Bunker asked about the ombudsman provision in the franchise agreement.  Mr. Stewart answered that the ombudsman would be selected by HL&P and the county but that person has not yet been identified.  Mr. Bunker would like to be informed about the identity of and the process of the Town’s access to the ombudsman.  Council member Bunker moved that Daniel Town accept a franchise agreement with Heber, Light, and Power for a 10 year term.  Council member Blotter seconded the motion.  There was no further discussion, and the motion passed unanimously.  Mr. Dunbeck will ask the HL&P board to sign the acceptance at the next board meeting and send a copy of the agreement to Daniel Town.

4. ROADWAY CAPITAL FACILITY PLAN

Mr. Ryan Taylor of Epic Engineering explained that this plan sets out a budget for a long term plan of approximately $200,000 yearly to get our roads in shape and maintain them.  Many municipalities do not take into account a 50 year plan of improvement and replacement and don’t save the money for it.  This plan does.  He pointed out that the cost of materials has recently almost tripled.  Council member Blotter wondered if the plan requires us to move ahead, and the Mayor explained that we would make improvements as funds allowed.

Teri Welch asked where Big Hollow Road lies in the list of priorities.  The Mayor explained that the Town has spent $3,000-4,000 trying to get an accurate survey of where the right of way is located for Big Hollow, but there is no historical data to support the starting point for the survey.  The project is ended until someone contacts Epic Engineering.  Mayor Duggin also explained the problem of not having a 36 foot right of way for Big Hollow Road to be a legal road (we currently have 33 feet). The Town must keep patching rather than replacing Big Hollow.  Ms. Welch asked, “Does this mean that we (the neighbors on Big Hollow) have to get together and agree?”  The Mayor suggested that it will be necessary for the residents on Big Hollow Road to decide where the right of way exists before a new road can be built.

Mayor Duggin read Daniel Resolution 2008-10-06 accepting the Roadway plan produced by Epic Engineering dated September 2008.  Council member Bateman moved to accept the plan and Council member Blotter seconded the motion which passed with a unanimous vote.

 

5. DISCUSSION ON SNOW REMOVAL

Mayor Duggin briefly described a possible interlocal agreement with Wasatch County for snow removal, and he believed that this agreement might be the most cost effective course for Daniel Town this year.  The proposed agreement had not been received by Daniel Town from the County Attorney prior to the meeting.  The old snow plow which Daniel Town purchased for $1.00 has a twisted shaft, cannot be repaired, and will probably be sold as scrap.

6. PUBLIC HEARING—REQUEST FOR CODE AMENDMENT TO DANIEL MUNICIPAL CODE TO ALLOW “Therapeutic Boarding School” AS A CONDITIONAL USE IN THE P160 PRESERVATION ZONE

Mayor Duggin read Daniel Municipal Code (DMC) 8.02.02 and 8.02.05(2) (b) concerning notice for public hearings.  The applicant for the code change Corbin Linde of Daniel Academy was asked if he felt he had enough notice for the hearing, and he replied that he had.

Council member Bunker moved to open the public hearing.  Council member Bateman seconded the motion.  The vote was unanimous, and Mayor Duggin opened the public hearing.

Mayor Duggin opened the hearing with a few comments.  He stated that the only issue of the public hearing was to hear comment concerning a request from Daniel Academy owners to add “Therapeutic Boarding School” as a permitted conditional use in the P160 zone of Daniel.  He stated that by law residences for disability must be allowed in any zone in which we allow single family residences, and our code currently has a limit of 8 residents per home for disabilities.  Residential facility for persons with a disability is the license designation that Daniel Academy will receive under our current code.  Mr. Linde will be accepting applications for the best kind of students, but another owner could accept a broader range of students under this licensure.  He read the definition of “Therapeutic Boarding School” from Utah State Code 62A-2-101 and suggested that this licensure would be superior to the one currently in place for Daniel Academy.  Mayor Duggin also announced that Daniel Town Planning had recommended denial of the conditional use permit and code text amendment.  He emphasized that Daniel Academy had not requested a zone change, and he then opened the floor to public comment.

Gary Weight asked if the Town Council had received a report from Planning concerning a discussion about how this request did not fit into Daniel Town’s General Plan.  He thought that adding a conditional use was an expansion of the license the facility already had under our current code and did not favor it.  He wondered if “Therapeutic Boarding School” could be added to our already existing code 8.21.17 concerning residences for disability.

Lorie Hobbs believed this request from Daniel Academy to be a “zoning amendment”.  She went on to discuss the Fair Housing Act which requires that we must make reasonable accommodations for the disabled to live in our community, but we could limit the distance apart of these residences and the number of occupants.  She stated that a residence that would cause fundamental change to a neighborhood could be denied.  She believed that a 24 person boarding school would fundamentally change the neighborhood.  She believed that this request would fundamentally change the Daniel zoning plan and violate the Daniel General Plan.  She stated her belief that a judge would overturn a Town Council decision only if it goes against the General Plan, and this approval might be considered illegal spot zoning.  Daniel Town would not get any revenue from this school and could cost Daniel in infrastructure costs.  She believed that Daniel has complied with all state and federal requirements, and she urged denial of this zone amendment because we would lose all control if it gets to conditional use level.  She insisted that we must follow the General Plan.

Terry Heftel asked for clarification about why we were trying to add this conditional use.  If we allowed this one category of school, could we disallow other categories?  He felt that if rezoned, the school could not be limited to the 8 students, and he worried that we would be opening the door to other activities in RA5 and RA1 zones.

Teri Welch stated that we need to specify the P160 zone very clearly because “boarding school” is not in the “same ball park” of the other allowed uses and thought it “ludicrous”.  She was completely opposed to the concept.

Marilou Hall noted that the other allowed conditional uses are all for profit enterprises and does not oppose the school, but she didn’t want 24 kids in this school because of possible septic and well problems that could result.  Mayor Duggin read a letter from the Wasatch County Health Department stating that the septic system was approved for 18 residents, and he stated that Utah State licensing would become more restrictive on this school if it had 16 or more students.

Renee Anderson asked if the school anticipated taking troubled youth.  Brian Murdock of Daniel Academy responded that they were not considering runaways or aggressive youth for this location but would be admitting kids with struggles in academics and relationships at home.

Laurie Duke, a teacher, believed that these students need help, but it is not in the best interest of Daniel to allow 24 students in this school in her backyard.  Brian Murdock emphasized that the students she had already experienced in her job would not be the same caliber students in Daniel Academy.

Dr. Hinckley related a discussion he had with Ken Stettler, director of state licensing, who told him that there were 10 pages of rules that must be complied with governing Therapeutic Boarding Schools in Utah.  Dr. Hinckley stated that there have been zero complaints concerning therapeutic boarding schools in Utah once the state licensing board becomes involved.  He was concerned that we are much more afraid of helping people than boarding dogs in Daniel Town.  He wondered if we could handle this through our business licensing process rather than a code change.

Shelly Bunker stated that she was not in favor of the school and was troubled that Daniel Academy was coming back and asking for more than our code already allows them.

Corbin Linde, owner of Daniel Academy, spoke in response.  He emphasized that while this school is a business, it is not designed for maximum profit.  They hire professionals and provide a lot of care.  It is expensive. This would be a home and school for these boys who would graduate from a fully accredited high school and many would go on to college.  Licensing would dictate the number of students allowed, and he hoped to be allowed to go to 15 or 16 students with an absolute maximum of 24 students at any one time.  This number would allow for graduations and movement in and out of the school.  He stated that they will open with the 8 student limit and hoped that the number could be increased as the program grows.

Council member Blotter moved to close the public comment portion of the public hearing.  Council Member Bateman seconded the motion, and the vote was unanimous.

Mayor Duggin called for comments from the Council.  Council member Blotter appreciated the efforts of everyone, and emphasized that it was important to listen to the applicant and public comment which he hoped would have been included in a report from Planning.  He felt that adopting this conditional use in the P160 zone has the danger of changing the character of our community and cited DMC 8.01.01 which discusses the purpose of Title 8 (Daniel’s Land Use code).  He felt that we must be very careful about what we do.  Council member Bunker read the recommendation to the Town Council from the Planning Commission which recommended denial of the zone code text amendment.  Council member Bateman was concerned about other facilities that might apply to Daniel under the conditional use but was undecided about what should be done.

Council member Blotter moved to deny the application for the code text change based on our code and in particular the Preservation zone. Council member Bunker seconded the motion.     

Council member Bunker noted that a conditional use would run with the property and be hard to regulate.  He felt that the Planning Commission should have been more specific in their recommendation.  Mr. Bunker noted that the motion should have more detail and wanted to continue the hearing to the next meeting when the motion could be written out in detail.

Council member Blotter withdrew his motion.  Council member Bunker moved to continue the public hearing to the next Town Council meeting.  The Mayor informed the Council that he would be out of town during the next regularly scheduled meeting of November 3, and it was agreed that the meeting should be changed to another date to accommodate the Mayor and Council member Walton (who was in the hospital).  This was added to the motion.  The motion was seconded by Council member Blotter, and the vote was unanimous.  This agenda item was continued to the November Town Council meeting. The new meeting will be properly noticed as soon as possible after checking on meeting room availability to accommodate the Town Council members’ schedules.

Mayor Duggin suggested Planning could take another look at the school issue.

7. COMMITTEE REPORTS

Legal issues—Mayor Duggin reported that our lawsuit in Fourth District Court brought by West Daniels Land Association is moving forward slowly as WDLA is now represented by new attorneys.  We hope to have a scheduling conference soon.

Planning—Planning Chair Bunker reported 2 more Agricultural Building permits applications.  One was sent to the Planning Commission because it does not have the correct setback

CDBG—The survey is not complete with only 30 out of 154 required done.

Recorder’s Office—The town website has now been updated to include a page showing building permit status which will be regularly updated by Epic Engineering.

8. APPROVAL OF MINUTES FROM SEPTEMBER 8, 2008

Council member Bunker moved to approve the minutes as presented.  Council member Blotter made the second, and the vote to approve was unanimous.

9. ADJOURN

Councilmember Blotter moved to adjourn, and Council member Bunker seconded the motion.  After a unanimous vote, Mayor Duggin adjourned the meeting at 8:59 PM.

Merry Duggin,

Recorder