Council meeting minutes September 19, 2012

Daniel Town Council Meeting

Wednesday, September 19, 2012 at 6:00 PM

Wasatch County Services Building, Room 126

55 South 500 East, Heber City, UT

Quorum present: Mayor Michael Duggin, Council members Eric Bunker, and Chip Turner were present at 6:02 PM when Mayor Duggin called the meeting to order.  Recorder Merry Duggin was present to record the minutes.  Council members Kasey Bateman and Jon Blotter were absent from the meeting.

Members of the public in attendance: Lambert Deegan, Gary Walton, Kim Norris, Jaye Binkerd, Stephanie Woolstenhulme, Sean Haggerty, Janet Robinson, Patrick Quinn, and Ryan Taylor.

1) PUBLIC COMMENT CONCERNING ANY ISSUE NOT ON THE AGENDA

There were no comments from the public.

2) BUSINESS LICENSES. NEW APPLICANTS.  DANIELS ACADEMY LICENSE DISCUSSION.

Council member Bunker informed the Council that notices had been mailed to license holders who have not renewed their license on time.

New applicant Patrick Quinn of Q Boys Automotive appeared before the Council to discuss his business which will be located at 861 East 3000 South.   The automotive repair work will be contained inside the garage and consist mostly of steering, suspension, and braking repairs and would be by appointment only. Mr. Quinn hopes to keep his costs low and may look into a non profit status.

Mr. Gary Walton felt that the neighbors of this residence should be notified and have some input into granting a license to this type of business.  Mayor Duggin replied that there is no precedence for this procedure, and the Town Council cannot set a new standard just for this situation.  Mr. Walton also was concerned that an automotive business would be housed in an attached garage, but it was noted that the Town ordinances do not require a business to be located in an accessory building.

Council member Bunker noted that the Town has a nuisance ordinance which would dictate a public hearing if complaints are received concerning this business. Traffic and noise might have to be mitigated if a problem occurs, and the license can be revoked if the business becomes a nuisance.  Council member Bunker reminded the Council that property rights must always be recognized and balanced.

Council member Bunker moved to approve the license for Q-Boys Automotive.  Council member Turner seconded the motion, and the motion carried by the following vote: Duggin, aye; Turner, aye; Bunker, aye.

Daniels Academy, represented at the meeting by Janet Robinson and Sean Haggerty, has requested an addendum to their Utah State license to allow them to place their students in foster homes after the students have passed through the Daniels Academy program.  Ms. Robinson informed the Council that they are not requesting additional students.  In fact, the academic portion of the program is being moved to a location in Park City in order to accommodate day students from that area.   Ms. Robinson has been required by the Utah State licensing process to notify Town of Daniel that Daniels Academy has requested this addendum, and she requested that the Town inform the State officials that the Town does not object.  Council member Bunker asked Ms. Robinson to enumerate the requirements for a foster family, and she discussed those requirements.  Mr. Sean Haggerty insisted that this new step is a continuum of care for Daniels Academy students in a more family oriented setting.

Council member Turner moved to accept or grant an addendum to the current license with the Town of Daniel and State of Utah.  Council member Bunker seconded the motion, but he clarified in Council discussion that the addendum would be attached to the business license and not to the reasonable accommodation granted to Daniels Academy.  The motion passed by the following vote:  Duggin, aye; Turner, aye; Bunker, aye.

3) STEPHANIE WOOLSTENHULME COMMENTS CONCERNING ACTIVITY ON ADJACENT PROPERTY

Ms. Woolstenhulme distributed to the Council a timeline of almost 3 years of problems that she had experienced with the occupants of property adjacent to hers that is operating a trucking operation including problems with noise, dust, yelling, operations outside of normal business hours, washing trucks on the premises, etc.  She voiced that she did not want to cause the Town of Daniel legal problems, but she felt that she had tried to work with these occupants and did not feel that they were observing the operating rules to which they had agreed to comply.  Those rules had been established by agreement with the Town based on historical use of the property.

After discussion with the Council, Mayor Duggin suggested that the Town consult its documentation in this situation and proceed to compel the occupants to comply with the conditions for use already established with this occupant, even if it leads to consultation with and action by our Town attorney.

4) APPROVAL OF ASPHALT BID AWARD TO KILGORE CONTRACTING

Town engineer Ryan Taylor described the bid process for the overlay of 2” of asphalt on Little Sweden Road from Mill Rd. to Daniels Rd. indicating that the 3 bids received ranged from approximately $130,000 to $111,000.  The lowest bidder was Kilgore Contracting, and he recommended that the bid go to Kilgore.  Town of Daniel has already issued a Notice of Award and Notice to Proceed and had received the necessary bonding for the project to proceed.

Mr. Lambert Deegan asked Mr. Taylor if the entry to his neighborhood could be repaired/improved as a change order with this project.  The answer was that these funds could only be used on Little Sweden Rd. as part of the culinary water improvement project to repair the damage done by the water line replacement on that road.

Council member Turner asked if the Town could request a cost estimate to fix the dip in the entrance Mr. Lambert spoke of, and he also wondered if we could request a cost estimate for repairs on South Field Rd. north of 3000 South.

Mr. Kim Norris stated his opinion that the “dip” is a safety hazard and asked the Council to set aside $850 to fix that problem.  A discussion ensued about the best method of repairing this problem.  Council member Bunker asked if we could get a cost estimate of delivered asphalt so that the Town might make its own repair in this situation.

Council member Bunker moved to ratify the Town’s decision to award the asphalt bid to overlay Little Sweden Road to Kilgore Contracting as the lowest bidder.  Council member Turner seconded the motion, and the motion passed by the following vote:  Bunker, aye; Turner, aye; Duggin, aye.

Mr. Taylor also informed the Council of a second road project for crack sealing the roads of Daniel.  The bids were based on material which would be used and also on routing of certain cracks.  Again the lowest bidder was Kilgore Contracting and ranged from approximately $17,000 to $22,000 based on which streets would be selected for crack sealing, but the actual amount of the contract would depend on exactly how much material is used

Council member Turner moved to approve the $22,316 bid submitted by Kilgore Contracting, and Council member Bunker seconded the motion.  But in discussion, Council member Bunker asked for clarification of Mr. Taylor’s suggestion that crack sealing on Mill Road and 3000 South could be avoided this year.  Mr. Taylor stated that if those streets were not crack sealed, the project cost would be lower since the materials used would probably be less than the $22,000 figure.

Council member Turner then withdrew his previous motion and offered a second motion to approve the awarding of the contract to Kilgore Contracting based on Mr. Taylor’s recommendation (to not crack seal Mill Rd. and 3000 South this year) up to a maximum of $25,000 and change orders would be based on Mayor Duggin’s approval.  Council member Bunker seconded the motion.  (The base amount of the contract is approximately $17,000).  The motion passed by the following vote: Bunker, aye; Turner, aye; Duggin, aye.

5) DISCUSSION OF SPENCER CHRISTISON REQUEST CONCERNING DANIELS CREEK

Following up on Mr. Christison’s request at the Town Council meeting of August 6, Mr. Ryan Taylor presented his analysis of the Daniels Creek situation that Mr. Christison felt might cause erosion of his property.  Mr. Taylor felt that the Town had installed a new culvert last year which would actually decrease erosion and had filled in a section of the creek bank that had already eroded, but the contractor may have overfilled a section of the bank which could conceivably cause an eddy and some erosion on the opposite bank.  The new culvert has not been tested due to the lower amount of snow fall last winter and less run off last spring. While Mr. Taylor cautioned the Council about setting a precedent of fixing problems either upstream or downstream, he suggested that the bank could be cut back to a better alignment with the stream and refilled with riprap. In any case, he emphasized that trees along Daniel Creek are already undermined (including those on Mr. Christison’s property), and it is not the Town’s responsibility to save or remove the trees of these homeowners’ along Daniels Creek.  Council member Bunker moved to proceed with the option of removing the fill that projects out into the stream for better stream alignment.  Council member Turner seconded the motion.  The motion passed by the following vote: Duggin, aye; Turner, aye; Bunker, aye.

6) DEPARTMENT REPORTS:

PLANNING REPORT

Council member Bunker reported that at the Regional Planning (RPO) meeting he learned that Utah Department of Transportation would like the local municipalities to enter into a local agreement for limited access onto Highways 40 and 189.

Wasatch County is adopting new road specifications and wondered if Daniel should also adopt these specifications into our Daniel code.  Mayor Duggin asked Council member Bunker to ask the Planning Commission for a recommendation.

Mr. Gary Walton suggested that the Town should find a way to communicate when a road cut permit has been issued so that all Town officials are aware that a road cut is occurring.  Council member Bunker indicated that he had received a permit application and that it had been approved, but it did not indicate the date on which the cut would occur.  It was agreed that the Town’s process in this type of situation should be improved for better communication.

DANIEL MUNICIPAL WATER ISSUES

Mr. Kim Norris reported that all winter usage fees had been paid and that no further reductions were being requested.  No further action will be required by the Council on this issue at this time.  Mr. Norris also asked for permission to waive a $210 overuse charge due to a leak, and this was granted.  Mr. Norris suggested that Daniel Municipal Water find a way to bill so that users do not get so far behind on payments.       The Town is looking into a new billing protocol.  Mr. Norris would like to read water meters through the winter to keep customers informed of possible overuse problems, but billing procedures will remain the same for now.  He estimates that it will require 8-10 hours of labor to insulate some meters to retard possible freezing problems.

Mr. Gary Walton reported that he had discovered that Daniel Municipal Water might sell its Yamaha Rhino for approximately $3,000-5,000.  Since the water operators no longer use the Rhino, it will save operation costs if the Rhino is sold.  Mr. Walton will look into doing so.

RECORDER’S OFFICE; APPROVAL OF MINUTES OF AUGUST 6 MEETING, APPROVAL OF WARRANTS, INFORMATION ABOUT CENTRAL UTAH WATER CONSERVANCY DISTRICT MEETING

Council member Bunker moved to approve the August 6, 2012 minutes as presented.  The motion was seconded by Council member Turner, and the following Council members voted to approve the minutes:  Bunker, Turner, and Mayor Duggin.

Recorder Merry Duggin presented the warrants for approval, Council member Turner moved to approve them as presented.  Council member Bunker seconded the motion, and the Council members voted to approve the warrants by the following vote: Bunker, aye; Turner, aye; Mayor Duggin, aye.

The next Central Utah Water Board meeting is scheduled for October 24 at 1 PM at its offices in Orem.  The address is 355 West University, Orem, UT.  We would like to attend this meeting and encourage others to also attend.

9) ADJOURN

Council member Turner moved to adjourn.  After a second from Council member Bunker and a unanimous vote by the Council members present, Mayor Duggin adjourned the meeting at 8:50 PM.

Merry Duggin,

Recorder

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