Town of Daniel

   Town Council Regular Meeting Minutes

September 8, 2008

Wasatch County Services Building

55 South 500 East

Heber City, Utah

Room 132

5:30 PM

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

Members of the public signing as being in attendance: Ed Pressgrove, Blaine Stewart, Renee Anderson, Shelly Bunker, Lambert Deegan, Ryan Taylor, Ron Hinckley, Chris Anderson, Harry and Vickie Weyandt.  The Recorder noted that other persons present did not sign the roster.

Mayor Duggin called the regularly scheduled meeting to order at 5:34 PM.

1. BUSINESS APPLICANTS

No applicants were present.

2. FRANCHISE AGREEMENT WITH HLP

Mayor Duggin told the Council that HLP had made the changes requested at the August 4 Council meeting (leaving the term of the agreement blank  so as to be filled in upon approval and adding the applicable State Code citation).  He also reported that Rocky Mountain Power was still interested in providing power to Daniel Town but had not contacted the mayor with any new information, and the mayor believed that Rocky Mountain was not in position to provide any power to the Town at this point.  He felt that the Council should sign the agreement with HLP but under a shorter term than 50 years.  There was discussion of what would be an appropriate term, which ranged from 7 years suggested by Council member Gary Walton, to 15 years suggested by Lambert Deegan.  Council member Eric Bunker questioned Section 5C and asked for more time to read the agreement and not be rushed.  Council member Bunker moved to continue the franchise agreement until the next Council meeting.  Councilmember Gary Walton made the second.  The motion passed with Council members Bunker, Walton, and Bateman voting Aye.  Mayor Duggin voted Nay.  The item was continued to the next meeting.

3. PUBLIC HEARING concerning MUNICIPAL ENERGY TAX

Council member Walton moved to open the public hearing for public comment on the proposed Municipal Energy Tax.  Council member Bateman seconded the motion, and it passed unanimously.  Mayor Duggin opened the public hearing.

Mr. Lambert Deegan commented that his utility bills totaled $2900 per year, and he didn’t feel comfortable going over $100 extra per year on his fixed income.  He would like to keep the new tax rate at 3.5-4% to keep his tax in the $100 per year range.

Council member Jon Blotter arrived at 5:59 PM.

Chris Anderson wondered how much we were going to be taxing on, how many households would be taxed, and how much revenue would actually be raised.  It was agreed that the amount would only be determined the year after the tax was imposed as every household would be paying a different amount based on actual usage.

Mayor Duggin commented that initially the Council didn’t consider this tax because the Council considered it regressive and didn’t want to burden those on fixed incomes unless absolutely necessary.  He believed that a 3% rate would bring in $25,000, an average of $100 per household.

No other members of the public offered comment, and Council member Bunker moved to close the public comment section of the public hearing.  The motion was seconded by Councilmember Walton, and the vote was unanimous.

Discussion among the Council:  Councilmember Bunker asked the Council if it had a feel for this 3-4% tax and how it would compare to a property tax that would be more uniformly distributed among all property owners.  Merry Duggin pointed out that a property tax would require a truth in taxation hearing, and as the deadline for such a hearing had passed, it would be impossible to impose this year.  Mr. Bunker asked Chris Anderson how he would feel about a 4% tax.  Mr. Anderson answered that he thought everyone would be glad to give up $100 a year for a more solid financial footing for the town, but it didn’t sound like it would raise enough money to cover the road repairs needed.  Mayor Duggin commented that the tax could be revisited at a later date.  Councilmember Walton wanted to tax the least amount possible and go no higher than 3%.  Renee Anderson felt that it would be better to impose a higher tax rather than to consider a low rate and raise it in subsequent years.

Councilmember Bunker moved to impose a municipal energy tax of 4% in Daniel Town.  Mayor Duggin presented Daniel Ordinance 2008-09-08A Municipal Energy Tax.  Councilmember Blotter made the second, and the motion passed with the following vote: Mayor Duggin, Aye, Council members Bunker, Aye, Blotter, Aye,  and Bateman, Aye; Councilmember Walton voted Nay.

4. CONSIDERATION OF ORDINANCE TO REZONE PROPERTY AT 3000 SOUTH AND HWY 189 FROM RA-5 TO COMMERCIAL

Council member Bunker presented a recommendation from the Daniel Planning Commission which proposed approving the zone change based on 7 reasons.  A copy of the recommendation is attached to the minutes.

Council member Bunker felt traffic would be minimal impact to the town.  Council member Blotter had a question about how sales tax would benefit the town if commercial zoning is approved in Daniel.  Mayor Duggin explained that 50% of sales tax goes directly to the municipality.  The other 50% goes into a state pool that is divided among municipalities by population.

Mayor Duggin and Council member Bunker disclosed that they had met with the developer and discussed his plan to build a Nitro Pak facility.

Comments from the public followed:  Shelly Bunker commented that she had been very impressed at how Mr. Weyandt had handled his application and meeting with the neighbors, and she was in favor of this zone change.  Chris Anderson said that there are no residents between the applicant’s property and Hwy 189.  Councilmember Blotter continued to be concerned about excessive traffic, and Mr. Weyandt commented that one reason he chose this property was that a lot of money has been invested in the intersection to mitigate traffic problems.  Val Davis commented that UDOT would have to do a traffic study before any further changes would be made at that intersection.

Council member Bunker clarified that if this zone change was approved, many businesses other than Nitro Pak could be built on this property and referred to Daniel Municipal Code p. 94 which lists approved types of businesses.

Council member Walton moved to accept the recommendation of the Planning Commission and approve the zone change from RA-5 to Commercial on this property at the intersection of 3000 South and Hwy 189.  Councilmember Bateman seconded the motion, and the Council voted unanimously to approve Daniel Ordinance 2008-09-08B approving the zone change from RA-5 to Commercial.

5. DISCUSSION OF ADMINISTRATIVE PROCESS PERTAINING TO PERMITS FOR ADDITIONS, REMODELS, AND AGRICULTURAL BUILDINGS

Council member Bunker suggested a process to streamline and limit cost in approving routine permits for additions, remodels, and agricultural buildings. The process would be as follows:  1) Application must be made to Epic Engineering, our town engineering firm. 2) A call would be made to Planning Chair Eric Bunker to check specifications of the application.  If there were complications or issues with the application, it would be brought before the Planning Commission. 3) If the application conformed to our ordinances after a plan check, Epic Engineering would issue a permit.  4)  The application would stay “in house” with Epic’s building inspector.

The process aims for a 2 week time frame for approval of routine applications which would be a huge convenience for our residents.

Council member Bunker also brought a recommendation from the Planning Commission to post a list on the website of building permits’ status to provide information to the public.  It would be updated regularly by Epic Engineering and should help minimize complaints to the Planning staff.

The Council was in favor of this process, and it will be put into effect immediately.

6. DISCUSSION OF ACCESS TO INDUSTRIAL ZONE PROPERTIES

Ryan Taylor of Epic Engineering reported that Heber City wanted to know what Daniel is interested in doing about 2400 South and access to the Daniel Industrial zone south of the Heber City Airport.  Mayor Duggin said that we need to provide access to that property as it will provide a good tax base, but we don’t want to dump a lot of traffic onto 3000 South and would like to close the current gravel road exiting onto 3000 South.  The best alternative would be for Heber City to run 2400 South directly to Hwy 189.  Mr. Ed Pressgrove suggested 2400 South should extend all the way east to Hwy 40 as a south Bypass route.  Mr. Ron Hinckley suggested that since the owners of this industrial property would be the ones to benefit, they should be approached to see what they would support before we talk about condemning and eminent domain.  Council member Bunker felt that this issue should have come to the Planning Commission, not the Town Council, and that Heber City should be bringing their plan to the Regional Planning Organization before they do anything.    No conclusions were reached.

7. LONG RANGE CAPITAL ROADWAY FACILITY PLAN

Ryan Taylor of Epic Engineering distributed the plan booklet to the Town Council and to all interested parties attending the meeting.  Since the Council had not had an opportunity to read and study the plan, it was agreed that this issue should be continued until the next meeting providing the Council members an opportunity to review it.

8. COMMITTEE REPORTS

SNOWPLOW –Mayor Duggin reported that he had received a quote of $116,311 on a new snowplow which would last 20 years.  Val Davis presented his opinion about what kind of truck required to service Daniel roads suggesting a bobtail, automatic which would require less maintenance and be more fuel efficient.  The committee chair Council member Walton suggested we check with Wasatch County to see how much an interlocal agreement for snow removal would cost, but he said that at some point we would have to purchase our own truck, especially if we could get long term financing and pay it off early as town revenue permitted.  Several of those present had suggestions about private contractors who might be interested in snow removal, and they would check on costs and report back to Mr. Walton or the Mayor.

LEGAL ISSUES—Mayor Duggin reported that charges have been filed concerning the tampering of the water valve of DDWC by WDLA.

PLANNING—Council member Bunker announced that 2 more zone changes had been requested and are in the process.  A public hearing has been scheduled on adding a conditional use in the P160 zone.  These issues will be heard on Sept. 17 at the next Planning meeting.

CDBG—Councilmember Blotter is ready to conduct the survey required by CDBG of 134 homes with 20 designated alternates. He hoped to use Boy Scouts and volunteers to conduct the survey.

9. PERSONNEL

It was proposed by Mayor Duggin and approved by the Council members that our new Planning Secretary Kathy Percy should be paid $200.00 per month.

Mayor Duggin has accepted the resignation of recorder, Marilou Hall.  Council member  Bunker moved to appoint Deputy Recorder Merry Duggin as the Recorder of Daniel Town.  Councilmember Blotter seconded the motion, and the motion passed unanimously.  She serves as a volunteer and will receive no compensation.

Council member Blotter moved to nominate applicant Lorie Hobbs to fill a vacancy on the Board of Appeals.  Council member Bunker requested that Mr. Blotter amend his motion to name applicant Kevin Distefano as an alternate to the Board of Appeals.  Mr. Blotter agreed.  Mr. Bunker made the second, and the motion passed unanimously.

10. APPROVAL OF MINUTES FROM AUGUST 4, 2008

Council member Gary Walton moved to approve the minutes as presented.  Council member Bateman seconded the motion, and it passed unanimously.

Council member Bateman disclosed that her husband Kasey Bateman of Hilltop Construction submitted a bid for work to Daniel Academy, and his bid has been accepted.

11. MOTION TO ADJOURN was made by Councilmember Gary Walton. It was seconded by Councilmember Bunker, and the vote was unanimous. Mayor Duggin adjourned the meeting at 8:15 PM.