Special Daniel Town Council Meeting
Monday, June 20, 2011 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, Jonathan Blotter, and Chip Turner were present at 6:06 PM when Mayor Duggin called the specially scheduled meeting to order. Recorder Merry Duggin was present to record the minutes.
Members of the public in attendance: Gary Walton, Ryan Taylor, Shelly Bunker.
1) PUBLIC COMMENT CONCERNING ANY ISSUE NOT ON THE AGENDA.
There was no public comment.
2) CONSIDERATION FOR ADOPTION OF A RESOLUTION AUTHORIZING THE ISSUANCE AND CONFIRMING THE SALE OF $170,000 OF SUBORDINATED WATER REVENUE BONDS, SERIES 2011 OF THE TOWN OF DANIEL, UTAH; FOR THE PURPOSE OF FINANCING THE CONSTRUCTION OF CERTAIN WATER SYSTEM IMPROVEMENTS AND RELATED IMPROVEMENTS; PRESCRIBING THE FORM OF BONDS, THE TERMS AND CONDITIONS OF ISSUANCE, AND THE SECURITY THEREFOR; AUTHORIZING THE TAKING OF ALL OTHER ACTIONS NECESSARY TO THE CONSUMMATION OF THE TRANSACTIONS CONTEMPLATED BY THIS BOND RESOLUTION; AND RELATED MATTERS.
Mayor Duggin introduced Daniel Resolution 2011-06-20A which authorized the issuance of $170,000 in water revenue bonds, Series 2011 of the Town of Daniel and asked if anyone had any comments or questions. Council member Bunker asked for information concerning the capital replacement fund required by the bond documents. These funds, which are already being set aside as a requirement of a previous bond issue, must be restricted for use in repair or replacement of the water system. Town of Daniel is required to notify the Drinking Water Board if it uses these funds, but the Town is not required to wait for permission to expend these funds.
Council member Blotter moved to accept DR 2011-06-20A. The motion was seconded by Council member Turner. With no further discussion, the Council passed the motion by the following vote: Blotter, aye; Duggin, aye; Turner, aye; Bunker, nay.
3) CONSIDERATION FOR ADOPTION A RESOLUTION ADOPTING THE FINAL PROPERTY TAX RATE AND BUDGET REVENUE FOR THE FISCAL YEAR 2011-12.
Recorder Merry Duggin informed the Council that the State Auditor’s office had determined that the Town of Daniel would be required to hold a Truth in Taxation hearing if it wanted to levy $50,000 in property tax. The Auditor’s office has suggested a certified tax rate of .000805 which would allow the Town to levy $46,930 in property tax this year. Ms. Duggin then presented to the Council Daniel Resolution 2011-06-20B to approve this certified tax rate. Council member Blotter moved to approve this resolution. Council member Turner seconded the motion, and the motion passed by the following vote: Blotter, aye; Duggin, aye; Bunker, aye; Turner, aye.
4) APPROVAL OF MINUTES OF JUNE 6, 2011 MEETING.
Council member Bunker moved to approve the minutes as presented. The Council approved the minutes with Bunker, Turner, and Duggin voting aye while Council member Blotter abstained.
5) DISCUSSION OF POSSIBLE ACTION UP TO AND INCLUDING LEGAL ACTION REGARDING CUMMINGS PROPERTY LOCATED AT 2850 S. HIGHWAY 40.
Mayor Duggin informed the Council that the trucking company using this property has not adhered to the behavior to which it is limited by prior established use. Council member Bunker had sent a letter to the property owner and his attorney summarizing a meeting with Mr. Bunker and Mayor Duggin describing the renter’s proposed use to operate and maintain a fleet of oil transport trucks as not a conforming use of the property. Council member Bunker believes that we need more evidence of violation before we take the step of taking legal action and suggested another meeting with the owner to tell him of the complaints. Mayor Duggin will call the property owner’s attorney to determine if he still represents this client.
6) DISCUSSION OF POSSIBLE LOCATION FOR NEW DANIEL WARD HOUSE.
Mayor Duggin informed the Council members that he has received several calls from a development representative working for the Church of Latter Day Saints who is looking at several parcels in Town of Daniel to purchase in order to build a Daniel Ward House. Council member Bunker noted that a church is a conditional use in every zone in our town.
7) COMMITTEE REPORTS:
PLANNING—Planning Director Bunker requested that all officers and Council members of Town of Daniel refer any questions that they receive involving land use issues to be referred to him. Apparently some incorrect information has been given which causes confusion and problems.
A property owned by Todd Johnson at 30 E. 3000 South has 3 open permits issued by Wasatch County and never closed out by the County when Town of Daniel assumed responsibility for permitting. It was determined that if the inspections require more than an hour of the inspector’s time, Mr. Johnson will be required to pay for the inspections.
Apartments located on Highway 40 would like to replace their flat roof with a pitched roof and add a storage area. This request should be looked at by the Planning Commission.
Mr. Bunker informed the Council that Planning has sent out new notices concerning the new conditional use permit requested by T J Mutt Cuts, and the request will be heard at the next Planning meeting.
DANIEL MUNICIPAL WATER—Mr. Ryan Taylor reports that the Little Sweden culinary line has been finished and all service connections have been hooked up with no complaints received so far. The asphalt will be replaced at a later date.
RECORDER’S OFFICE—Recorder Merry Duggin reminded those present of the filing period of July 1 through July 15 for anyone wishing to be a candidate for the November election of 2 Council seats currently occupied by Mr. Bunker and Mr. Blotter.
8) ADJOURN
There being no further business Council member Turner moved to adjourn. Council member Bunker seconded the motion. After a unanimous vote, Mayor Duggin adjourned the meeting at 7:15 PM.
Merry Duggin,
Recorder