Daniel Town Council Meeting
And PUBLIC HEARING
Monday, December 6, 2010 at 5:30 PM
Wasatch County Services Building, North Conference Room
55 South 500 East, Heber City, UT
Quorum present: Mayor Michael Duggin, Council members Eric Bunker, Kasey Bateman, Jon Blotter, and Chip Turner were all present at 5:35 when Mayor Duggin called the regularly scheduled meeting to order. Recorder Merry Duggin was present to record the minutes.
Members of the public in attendance: Ryan Taylor, John Glodowski, Kim Norris, and Darin Bunker.
1) PUBLIC COMMENT:
Mr. Darin Bunker reminded the Town Council that he had placed location flags on fire hydrants in Town of Daniel for his Eagle Scout project a few years ago, and he remarked that the flags are missing along the stretch of new pipeline recently laid. Mr. Ryan Taylor commented that he believes the flags were salvaged, but the new hydrants might not all have flags.
2) PREDISASTER HAZARD MITIGATION PLAN—POSSIBLE ADOPTION OF A RESOLUTION DR 2010-12-06A TO ADOPT THE 2010 MOUNTAINLAND ASSOCIATION OF GOVERNMENTS PRE-DISASTER HAZARD MITIGATION PLAN AS REQUIRED BY THE FEDERAL DISASTER MITIGATION AND COST REDUCTION ACT OF 2000 (CONTINUED FROM NOVEMBER’S MEETING)
Mayor Duggin reminded the Council that this issue was continued from the November meeting and opened the floor to discussion. Council member Bunker indicated that he had spent a great deal of time researching this plan. While there were things about the plan that he didn’t like, he commented that there didn’t seem to be a way to opt out and noted that the Town would not be able to write its own plan. Council member Turner moved to accept DR 2010-12-06A as written. Council member Bateman seconded the motion. The motion passed by the following vote: Duggin, aye; Bateman, aye; Blotter, aye; Turner, aye; Bunker, nay.
3) PUBLIC HEARING FOR PROPOSED CHANGES TO DANIEL MUNICIPAL CODE SECTION 8.21.23 SWIMMING POOL ORDINANCE AND POSSIBLE ADOPTION OF THE PROPOSEED ORDINANCE
Council member Blotter moved to open the public hearing. After Council member Turner seconded the motion, the Council voted unanimously to open the hearing.
Council member Bunker presented a recommendation from the Planning Commission drafted after the Commission’s public hearing held on November 17, 2010 indicating that the Commission would like the Council to clarify the definition of “portable” in referring to swimming pools and “discuss a few other areas that would impact residents while protecting the water source and keeping safety a priority.” Council member Bunker went on to report from the prior public hearing that Ms. Shelly Bunker did not feel that the Town should have the right to regulate a short term pool. She felt the ordinance should apply only to permanent pools.
Mayor Duggin opened the floor to public comments, and Mr. Darin Bunker commented that he also felt that the Town should not regulate inflatable pools because they are not permanent. Council member Bateman noted that some residents make above ground pools permanent by building decks around them. Mr. Bateman suggested that the Council could define “portable” as “capable of being set up in one day” and thought that this sort of pool should not need a permit. Mr. Kim Norris noted that if you have enough people, you could construct a “big thing” in one day.
Council member Turner felt that many people will use a pool for a short time and didn’t want the Town to have to police this sort of situation.
Mayor Duggin noted that the only reason to address this issue is for the safety of our children, and Council member Bunker commented that we also want to protect our culinary water system from contamination.
Mr. Kim Norris suggested that perhaps the Town should decline to regulate private pools. Mr. John Glodowski commented that safety of our children and water supply are the only reasons to consider this ordinance, but he suggested a use of 60-90 days might apply to “temporary or portable” pools.
There being no more comments Council member Turner moved to close the public hearing. Council member Bateman seconded the motion, and the Council voted to close the hearing.
Mayor Duggin asked if anyone would offer a motion. Council member Blotter then moved to not have a swimming pool ordinance. This motion died for lack of a second.
Council member Bunker moved to accept the Daniel Ordinance 2010-12-06A as written with 2 corrections made to the definition section: 1) the size of the pool would be changed from 200 square feet to 300 square feet, and 2) the definition of a temporary pool would include pools in operation for 21 days or less and are constructed within a 24 hour period.
This motion was seconded by Council member Bateman who commented that we do need an ordinance to protect our water and children. Mayor Duggin called for a vote. The motion passed by the following vote: Duggin, aye; Bunker, aye; Bateman, aye; Turner, aye; Blotter was opposed.
4) REPORT FROM MAYOR DUGGIN CONCERNING 2011 CDBG APPLICATION AND POSSIBLE ADDITIONAL DRINKING WATER BOARD FUNDING TO COMPLETE DANIEL WATER IMPROVEMENT PROJECT
Mayor Duggin reported that our CDBG application for $50,000 was submitted on time on December 2, but he reported that the Town has received funding the last 2 years and might not be granted funds this next year. Town of Daniel would use any CDBG funding to complete the waterline replacement project currently in process and has approached Drinking Water Board for additional funding as well. Mr. Taylor informed the Council that installing the new pipeline is approximately $35-40 per foot including the cost of new hydrants. It was determined that the decision to pursue the State Revolving Funds offered by the Drinking Water Board could be delayed until a later date when more information about funding is available.
5) REPORT FROM MAYOR DUGGIN CONCERNING COORDINATION EFFORTS
Mayor Duggin reported on his attendance of a workshop presented by American Stewards on Coordination with State and Federal agencies in Casper, WY on December 1. He was invited by Mayor Phillips to make a presentation to the Heber City Council and hopes that this body will join with Town of Daniel in invoking the right of our municipality to insist that the county, state and federal agencies responsible for the Jordanelle Special Service District will coordinate with us to maintain our high standard of quality of culinary and agricultural water. The first step is to send letters to these agencies.
6) CONSIDERATION OF DANIEL ORDINANCE 2010-12-06B ESTABLISHING MEETING SCHEDULES FOR PUBLIC MEETINGS FOR 2011.
Mr. Kim Norris stated that some residents have voiced a wish that the Council would meet at 6:30 PM rather than 5:30 PM. The Town Council decided to keep their meeting at 5:30 PM the first Monday of each month except for July and September 2011. In those months, the Council will meet on the second Monday. The Planning Commission will meet on the third Wednesday of each month at 7 PM, and the Board of Appeals will meet at 7 PM on the first Tuesday of each month as needed. All meetings will be held in Room 126, North conference room of the Wasatch County Services Building at 55 South 500 East in Heber City.
Council member Blotter moved to approve DO 2010-12-06B establishing the meeting schedules for 2011. Council member Bateman seconded the motion, and the Council approved the ordinance unanimously. The Recorder will publish and post the schedule.
7) COMMITTEE REPORTS: PLANNING
Council member Bunker reported that he had attended the Bingelli Annexation public hearing held in Charleston. The issue has been tabled by Charleston because they didn’t have a final agreement in place, but it appears that even though RA 5 zoning will be used, the owners have a right to grade right up to the boundary with the Town of Daniel. Council member Bunker voiced concerns about noise and dust, but Charleston officials did not seem to recognize his concerns.
Council member Bunker, along with Mayor Duggin and Ryan Taylor, also met with Mr. Kraig Powell concerning the owners of the Veigh Cummings property on Highway 40. The owners would like to lease the property to a tenant who would use the property as a storage and maintenance facility. Mr. Powell will be required to show that the property has been used in this manner continuously in order to continue this use under the “grandfather” situation. The new tenant would not be allowed to change or expand the use. Mr. Powell is expected to present to the Planning Commission in January 2011.
8) RECORDER’S OFFICE:
Council member Bunker moved to approve the warrants presented for payment. Council member Blotter seconded the motion, and the Council voted unanimously for those warrants to be paid. Recorder Merry Duggin reported that the FY 2010 audit is almost complete and will be distributed electronically as soon as it is received. The Worker’s Compensation premium for the year will be approximately $796. After discussion, the Council approved that this policy for Workman’s Compensation from Utah Local Government Trust should be approved and accepted.
9) APPROVAL OF MINUTES FOR NOVEMBER 1, 2010 MEETING
Council member Bunker suggested 2 corrections: 1) “Town Council” should be deleted from page 1; 2) the website address for MAG had not been included in its proper place on p. 2 and should be included.
Council member Bunker moved that the minutes be approved with those corrections. Council member Blotter seconded the motion, and the minutes were approved.
10) Council member Blotter moved that the meeting be adjourned. After Council member Turner seconded the motion, the Council voted unanimously to adjourn. Mayor Duggin adjourned the meeting at 7:25 PM.
Merry Duggin,
Recorder