Daniel Town Council Meeting
Monday January 7, 2019 at 6:00 PM
Wasatch County Services Building,
Conference Room B
55 South 500 East, Heber City, Utah
Quorum Present: Council members: Council member Eric Bunker presiding. Council members: Jon Blotter, Stefanie Grady, and John Glodowski. Mayor Turner was excused. Clerk/Recorder Mary Snyder present to take minutes.
Members of the public in attendance: Shelly Bunker, Susan Kohler, Pam Skinner, Steve Webb, Lynne Shindurling, Jaq Shindurling, Ryan Taylor, Ben Probst, Jaylene Bassett, Bret Webb, Erin Charchenko, Tyson Mumford, Jolene Mumford
1) Public Comment concerning issues (limit 2 minutes):
No public comments were made.
2) BUSINESS LICENSE RENEWALS/APPLICATIONS: Renewal for Jill’s Hairsytling.
Council member Glodowski made a motion to approve the renewal seconded by Council member Blotter. Motion approved.
3) GILBERT & STEWART AUDIT PRESNETATION FY2017-18:
Ben Probst with Gilbert & Stewart was present to review the FY 2017-18 audit. At this time, with the amount of expenditures and income, the town had to complete an Agreed Upon Procedures. He has stated that the Recorder and Treasure provided the necessary documents to complete and everything appears to be in compliance without any issues and has been submitted to the State of Utah.
4) APPROVAL of ORDINANCE MEETING SCHEDULE: DO 2018-11-5
Council member Blotter made a motion to approve Ordinance DO 2018-11-5, the 2019 meeting schedule, seconded by Council member Grady. All members in favor.
5) DISCUSSION of WEBB PROPERTY:
This has been referred back to Planning for further review later this month.
6) DUSCUSSION OF HILTON PROPERTY/ CHARENCKO HEARING APPLICATION:
This is a Hearing Appeal to Planning Commissions denial of the application. The Planning Commission recommends that the Council denied the application.
Erin Charchenko was present and provided a packet to the Council. The10 acre property was purchased by Ralph Neil Hilton on October, 11, 1977. The current house was built in 1978. The 10 acres property was put in the green belt in December 29,1983. In 1986, the back 8.5-acres property was warranty deeded to Ralph Hilton and his wife. In 1987, the two pieces were recognized as two separate County parcel tax numbers, as well as identified as two separate parcels for the green belt application. The applicant is requesting that Council allow them a lot line adjustment, to create the necessary easement to access the back lot.
The applicant is wanting to keep the separate acreages and build a new home in the back and wanting to keep it in the green belt. Council member Grady stated that this would create an illegal lot. Council member Bunker stated that a subdivision should have been created.
Council member Grady made a motion to review the packet that was provided and continue to February agenda, seconded by Council member Glodowski.
Council member Glodowski stated that there were pieces that were deeded but not necessarily recorded with the County. Council member bunker stated that you could recorded anything, the problem becomes when you create an illegal lot which creates a lot of issues. He stated that if it would have been done correctly, the property would have been recorded as a subdivision.
According to the State Law, Council member Bunker stated that the property does still qualify for the green belt status. Mrs. Charchenko stated that if you have a house you have to have a minimum of 6 acres. Council member Blotter asked if the property still meets the green belt, does this mean that the council is being asked to create an illegal lot so the applicant does not have to pay the taxes? Mrs. Charchenko stated that she is not trying to create a lot, she is trying to recognize the lot as they have been for more than 30 years. Council member Blotter stated that he sees it differently, which allows them to remain on green belt and does not see that as a benefit to the town. Mrs. Charchenko stated that her understanding is to remain a rural feel and this would allow it to remain agricultural. Council member Blotter again stated that he does not understand the benefit to the town and citizens, because the town forfeits the taxes due to the green belt. Mrs. Charchenko stated that the properties needs to be recognized in order to build another home on the property without losing the green belt status. She is not wanting to realign to make to equal 5-acre parcels. The main issue for the realignment is not having the frontage for the back lot.
Upon further review and comments, Council member Grady stated that she would like to withdrawal the motion to continue. Council member Bunker asked if there was an alternative motion.
Council member Bunker stated that the burden of proof is on the applicant to provide certificate of the legal lot of record.
Council member Blotter made a motion to favor the Planning Commission’s recommendation too deny application, seconded by Council member Grady. All members in favor.
7) DR CALL- DISCUSS IMPACT FEES:
The applicant applied for a building permit in 2013 and is now wanting to continue to build. The permit expired two years later. A revised fee schedule was discussed to allow permit holders to be able to complete their projects.
Council member Blotter made a motion to create a resolution for existing permit building permit fees, seconded by Council member Glodowski. All members in favor.
8) PLANNING DEPARTMENT REPORTS, VIOLATIONS, & ENFORCEMENT:
9) DANIEL MUNICIPAL WATER:
No issues as this time.
10) STORM HAVEN WATER:
At this time, Ryan Taylor stated that the water well project is now out for bid.
11) APPROVAL OF COUNCIL MEETING MINUTES: DECEMBER 3, 2018:
Council member Glodowski motion to approve the meeting minutes for December 3, 2018, seconded by Council member Blotter. All members in favor.
a. WORRKING MEETING MINUTES for DECEMBER 19, 2018:
Council member Glodowski made a motion to approve the Work Meeting minutes for December 19, 2018, seconded by Council member Grady. All members in favor.
12) RECORDERS OFFICE: WARRANTS APPROVAL, ANNOUNCEMENTS, ETC.:
Council member Blotter made a motion to approve the warrants, seconded by Council member Glodowski. All members in favor.
a. QUARTERLY BUDGET:
Council member Glodowski made a motion to close regular session and enter into closed session at 8:30PM for legal issues, seconded by Council member Grady. All members in favor.
13) CLOSED SESSION: Legal issues
Council member Glodowski made a motion to end closed session at 8:44PM, seconded by Council member Grady. All members in favor.
Council member Blotter made a motion to re-enter open session at 8:45PM, seconded by Council member Grady. All members in favor.
Council member Glodowski made a motion to adjourn at 8:45PM, seconded by Council Member Blotter. All members in favor.